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Criminal Records Act (R.S.C., 1985, c. C-47)

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Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Procedure (continued)

Marginal note:Exception — long-term supervision

 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1).

  • 1997, c. 17, s. 38
  • 2012, c. 1, s. 115

Marginal note:Record suspension

  •  (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that

    • (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

    • (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

  • Marginal note:Onus on applicant

    (2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

  • Marginal note:Factors

    (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

    • (a) the nature, gravity and duration of the offence;

    • (b) the circumstances surrounding the commission of the offence;

    • (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

    • (d) any factor that is prescribed by regulation.

  • 1992, c. 22, s. 4
  • 2010, c. 5, s. 3
  • 2012, c. 1, s. 116

Marginal note:Inquiries

  •  (1) On receipt of an application for a record suspension, the Board

    • (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

    • (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

    • (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

  • Marginal note:Entitlement to make representations

    (2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

  • Marginal note:Board to consider representations

    (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

  • Marginal note:Waiting period

    (4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.

  • 1992, c. 22, s. 4
  • 2000, c. 1, s. 2
  • 2010, c. 5, s. 4
  • 2012, c. 1, s. 117

Marginal note:Expiration of sentence

 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account

  • (a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or

  • (b) any remission that stands to the credit of the offender in respect of the offence.

  • 1992, c. 22, s. 4

Marginal note:Functions of Executive Committee

 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.

  • 2012, c. 1, s. 118

 [Repealed, 2012, c. 1, s. 119]

Custody of Records

Marginal note:Records to be delivered to Commissioner

  •  (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.

  • Marginal note:Records to be kept separate and not to be disclosed

    (2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. No such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Minister.

  • Marginal note:Approval for disclosure

    (3) The Minister shall, before granting the approval for disclosure referred to in subsection (2), satisfy himself that the disclosure is desirable in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Information in national DNA data bank

    (4) For greater certainty, a judicial record of a conviction includes any information in relation to the conviction that is contained in the convicted offenders index of the national DNA data bank established under the DNA Identification Act.

  • R.S., 1985, c. C-47, s. 6
  • 1998, c. 37, s. 25
  • 2000, c. 1, s. 5(E)
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 120

Marginal note:Discharges

  •  (1) No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if

    • (a) more than one year has elapsed since the offender was discharged absolutely; or

    • (b) more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.

  • Marginal note:Purging C.P.I.C.

    (2) The Commissioner shall remove all references to a discharge under section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police on the expiration of the relevant period referred to in subsection (1).

  • 1992, c. 22, s. 6
  • 1995, c. 22, s. 17(E)
  • 2019, c. 27, s. 37(E)

Marginal note:Disclosure to police forces

 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found

  • (a) at the scene of a crime during an investigation of the crime; or

  • (b) during an attempt to identify a deceased person or a person suffering from amnesia.

  • 1992, c. 22, s. 6
  • 2012, c. 1, s. 121

Definition of vulnerable person

  •  (1) In this section, vulnerable person means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

    • (a) is in a position of dependency on others; or

    • (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

  • Marginal note:Notation of records

    (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered.

  • Marginal note:Verification

    (3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

    • (a) the position is one of trust or authority towards that child or vulnerable person; and

    • (b) the applicant has consented in writing to the verification.

  • Marginal note:Unauthorized use

    (4) Except as authorized by subsection (3), no person shall verify whether a person is the subject of a notation made in accordance with subsection (2).

  • Marginal note:Request to forward record to Minister

    (5) A police force or other authorized body that identifies an applicant for a position referred to in paragraph (3)(a) as being a person who is the subject of a notation made in accordance with subsection (2) shall request the Commissioner to provide the Minister with any record of a conviction of that applicant, and the Commissioner shall transmit any such record to the Minister.

  • Marginal note:Disclosure by Minister

    (6) The Minister may disclose to the police force or other authorized body all or part of the information contained in a record transmitted by the Commissioner pursuant to subsection (5).

  • Marginal note:Disclosure to person or organization

    (7) A police force or other authorized body shall disclose the information referred to in subsection (6) to the person or organization that requested a verification if the applicant for a position has consented in writing to the disclosure.

  • Marginal note:Use of information

    (8) A person or organization that acquires information under this section in relation to an application for a position shall not use it or communicate it except in relation to the assessment of the application.

  • Marginal note:Amendment of Schedule 2

    (9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence.

  • 2000, c. 1, s. 6
  • 2010, c. 5, s. 6
  • 2012, c. 1, s. 122
 
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