R.S., c. C-47Criminal Records Act

1 Subsection 2(1) of the Criminal Records Act is amended by adding the following in alphabetical order:

2 Section 2.1 of the Act becomes subsection 2.1(1) and is amended by adding the following after that subsection:

Marginal note:2012, c. 1, s. 112

• 3 (1) Subparagraph 2.3(a)(i) of the Act is replaced by the following:

  • (i) the Board, after making the inquiries referred to in paragraph 4.2(1)(b), was satisfied that the applicant was of good conduct, and

• (2) Paragraph 2.3(b) of the Act is replaced by the following:

  • (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament other than

    • (i) section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code,

    • (ii) section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

    • (iii) subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act,

    • (iv) section 734.5 or 734.6 of the Criminal Code or section 145.1 of the National Defence Act, in respect of any fine or victim surcharge imposed for any offence referred to in Schedule 3, or

    • (v) section 36.1 of the International Transfer of Offenders Act.

Marginal note:2012, c. 1, s. 115

• 4 (1) The portion of subsection 4(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Restrictions on application for record suspension

  • 4 (1) Subject to subsections (3.1) and (3.11), a person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

• (2) Section 4 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Offence referred to in Schedule 3

    (3.1) A person who has been convicted only of an offence referred to in Schedule 3 may apply for a record suspension in respect of that offence before the expiration of the period referred to in subsection (1).

  • Marginal note:Other offences including at least one offence referred to in Schedule 3

    (3.11) A person who has been convicted of an offence referred to in Schedule 3 and other offences may only apply for a record suspension after the expiration of the period referred to in subsection (1), without taking into account any offence referred to in Schedule 3.

  • Marginal note:Expiration according to law of sentence

    (3.2) A person is ineligible to make an application for a record suspension referred to in subsection (3.1) or (3.11) until after the expiration according to law of any sentence imposed, other than the payment of any fine or victim surcharge, for any offence referred to in Schedule 3.

  • Marginal note:For greater certainty

    (3.21) For greater certainty, subsection (3.2) does not apply to fines and victim surcharges imposed for both an offence referred to in Schedule 3 and for other offences, in which case a person is ineligible to make an application for a record suspension referred to in subsection (3.11) until after all fines and victim surcharges have been paid.

  • Marginal note:Fee not payable

    (3.3) Despite anything in an order made under the Financial Administration Act, a person who makes an application for a record suspension referred to in subsection (3.1) is not required to pay any fee for services provided by the Board in respect of that application if the person has been convicted only of an offence referred to in that subsection.

• Marginal note:2012, c. 1, s. 115

  (3) Subsection 4(5) of the Act is replaced by the following:

  • Marginal note:Onus — person referred to in subsection (3.1)

    (4.1) The person referred to in subsection (3.1) has the onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection.

  • Marginal note:Information — application referred to in subsection (3.1)

    (4.11) For the purpose of an application referred to in subsection (3.1), the Board may not require a person who makes the application to provide a certified copy of information contained in court records in support of the application unless the certified verification of the applicant’s criminal records and information contained in the police records or Canadian Armed Forces records provided in support of the application are not sufficient to demonstrate that the person has been convicted only of an offence referred to in Schedule 3 and that the only sentence imposed for that offence was payment of a fine or victim surcharge or both.

  • Marginal note:Onus — person referred to in subsection (3.11)

    (4.12) For the purpose of subsection (3.11), a person referred to in that subsection has the onus of satisfying the Board that the person has been convicted of an offence referred to in Schedule 3.

  • Marginal note:Amendment of Schedules 1 and 3

    (5) The Governor in Council may, by order, amend Schedule 1 or 3 by adding or deleting a reference to an offence.

Marginal note:2012, c. 1, s. 116(1)

• 5 (1) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Record suspension

  • 4.1 (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that

• (2) Section 4.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Record suspension — person referred to in subsection 4(3.1)

    (1.1) In the case of an application referred to in subsection 4(3.1), the Board shall order that the applicant’s record in respect of that offence be suspended if the applicant has been convicted only of an offence referred to in that subsection and has not been convicted of a new offence under an Act of Parliament, other than an offence referred to in that subsection.

  • Marginal note:Exception to revocation

    (1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b).

Marginal note:2012, c. 1, s. 117(1)

6 Section 4.2 of the Act is amended by adding the following after subsection (1):