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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

Custody of Records (continued)

Marginal note:Operation of section 6.3

 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction.

  • 2000, c. 1, s. 6
  • 2010, c. 5, ss. 7.1(E), 7.4(F)
  • 2012, c. 1, s. 123

Revocation

Marginal note:Revocation of record suspension

 A record suspension may be revoked by the Board

  • (a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii);

  • (b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or

  • (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.

  • R.S., 1985, c. C-47, s. 7
  • 1992, c. 22, s. 7
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 124

Marginal note:Entitlement to make representations

  •  (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person 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

    (2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1).

  • 1992, c. 22, s. 7
  • 2000, c. 1, s. 7
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 125

Marginal note:Cessation of effect of record suspension

 A record suspension ceases to have effect if

  • (a) the person to whom it relates is subsequently convicted of

    • (i) an offence referred to in paragraph 4(1)(a), or

    • (ii) an offence under the Criminal Code, other than an offence under subsection 320.14(1) or 320.15(1) of that Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or

  • (b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered.

  • 1992, c. 22, s. 7
  • 2000, c. 1, s. 7
  • 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F)
  • 2012, c. 1, s. 126
  • 2018, c. 16, ss. 165, 193, c. 21, s. 42

General

Marginal note:Applications for employment

 No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:

  • (a) employment in any department as defined in section 2 of the Financial Administration Act;

  • (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • R.S., 1985, c. C-47, s. 8
  • 1992, c. 22, s. 8
  • 2010, c. 5, s. 7.1(E)
  • 2012, c. 1, s. 127

Marginal note:Saving of other pardons

 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

  • R.S., 1985, c. C-47, s. 9
  • 1992, c. 22, s. 9

Marginal note:Disclosure of decisions

 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.

  • 2012, c. 1, s. 128

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the making of notations in respect of records of conviction, and the verification of such records, for the purposes of section 6.3;

  • (b) prescribing the factors that the Minister must have regard to in considering whether to authorize a disclosure under this Act of a record of a conviction;

  • (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);

  • (c.1) prescribing factors for the purposes of paragraph 4.1(3)(d);

  • (c.2) respecting the disclosure of decisions under section 9.01; and

  • (d) generally for carrying out the purposes and provisions of this Act.

  • 1992, c. 22, s. 9
  • 2000, c. 1, s. 8
  • 2010, c. 5, s. 7
  • 2012, c. 1, s. 129

Offences

Marginal note:Offence and punishment

 Any person who contravenes any provision of this Act is guilty of an offence punishable on summary conviction.

  • R.S., c. 12 (1st Supp.), s. 10

Report to Parliament

Marginal note:Annual report

  •  (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report for that year containing the following information:

    • (a) the number of applications for record suspensions made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);

    • (b) the number of record suspensions that the Board ordered or refused to order, in respect of the offences referred to in each of paragraphs 4(1)(a) and (b);

    • (c) the number of record suspensions ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and

    • (d) any other information required by the Minister.

  • Marginal note:Tabling of report

    (2) The Minister shall cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the day on which the Minister receives it.

  • 2012, c. 1, s. 130
 
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