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

RELATED PROVISIONS

• — 1992, c. 22, s. 11

  • Transitional

    11 Section 6.1 of the Criminal Records Act applies in respect of a discharge under section 736 of the Criminal Code before the day on which this Act comes into force, if the person who was discharged applies to the Royal Canadian Mounted Police to have section 6.1 of that Act apply.

• — 2010, c. 5, s. 10

  • New applications for pardons

    10 Subject to section 11, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Act.

• — 2010, c. 5, s. 11

  • Pending applications — Criminal Records Act

    11 An application for a pardon under the Criminal Records Act that is made before the day on which this Act comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application

    • (a) is made after the period referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, has elapsed; and

    • (b) is not finally disposed of on the day on which this Act comes into force.

• — 2010, c. 5, s. 12, as amended by 2012, c. 1, s. 151

  • Pardons in effect — Criminal Records Act

    12 The Criminal Records Act, as it read immediately before the day on which this Act comes into force, applies to a pardon that was granted or issued before that day and that has not been revoked or ceased to have effect.

• — 2012, c. 1, s. 161

  • New applications for pardons

    161 Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension.

• — 2012, c. 1, s. 162

  • Pending applications — Criminal Records Act

    162 An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force.

• — 2012, c. 1, s. 164

  • Pardons in effect — Criminal Records Act

    164 The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect.

• — 2012, c. 1, s. 165

  • Pardons in effect — references in other legislation

    165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

    • (a) the definition conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered in section 25 of the Canadian Human Rights Act;

    • (b) the definition record suspension in subsection 490.011(1) of the Criminal Code;

    • (c) subsection 10(8) of the DNA Identification Act;

    • (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

    • (e) the definition record suspension in section 227 of the National Defence Act; and

    • (f) subsection 128(5) of the Youth Criminal Justice Act.

• — 2014, c. 25, s. 45.1

  • Review

    • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

    • Report

      (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

• — 2019, c. 20, s. 8

  • Definitions

    • 8 (1) The following definitions apply in this section.

      Act

      Act means the Criminal Records Act. (Loi)

      application

      application means an application for a pardon or record suspension. (demande)

      pardon

      pardon has the same meaning as in subsection 2(1) of the Act as it read from time to time before March 13, 2012. (réhabilitation)

      record suspension

      record suspension has the same meaning as in subsection 2(1) of the Act. (suspension du casier)

    • Pending applications

      (2) If an application was made before the day on which this Act comes into force and that application has not been dealt with and disposed of on that day, that application is to be dealt with and disposed of in accordance with the Act, as amended by this Act. However, subsection 4(3.3) of the Act, as enacted by subsection 4(2) of this Act, is not to apply to an application made only with respect to an offence referred to in Schedule 3 of this Act if, on that day, the inquiries referred to in paragraph 4.2(1)(a) of the Act have been completed.

    • Waiting period

      (3) Subsection 4.2(4) of the Act does not apply to an application for a record suspension referred to in subsection 4(3.1) of the Act, as enacted by subsection 4(2) of this Act, if the day on which the Board refuses to grant or issue a pardon or order a record suspension occurs within one year before the day on which this Act comes into force.

    • Annual report — applications

      (4) In its annual report under section 11 of the Act for the year after the year in which this Act comes into force, the Board shall include information on the number of applications dealt with and disposed of in accordance with the Act, as amended by this Act, the associated costs and the number of suspensions that the Board ordered in respect of those applications, as well as the number that it refused to order.

• — 2019, c. 27, s. 40.1

  • Review by committee

    • 40.1 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

    • Report to Parliament

      (2) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.