Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 3POST-SENTENCING
R.S., c. C-47Criminal Records Act
Marginal note:1992, c. 22, s. 8(1); 2010, c. 5, par. 7.1(g)(E)
127. The portion of section 8 of the Act before paragraph (a) is replaced by the following:
Marginal note:Applications for employment
8. 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requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:
128. The Act is amended by adding the following after section 9:
Marginal note:Disclosure of decisions
9.01 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.
Marginal note:2000, c. 1, s. 8
129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following:
(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);
(2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph:
(c.2) respecting the disclosure of decisions under section 9.01; and
130. The Act is amended by adding the following after section 10:
REPORT TO PARLIAMENT
Marginal note:Annual report
11. (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.
131. Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:
(Subsections 4(2), (3) and (5))
Marginal note:2010, c. 5, s. 9
132. Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following:
(i) subsection 146(1) (sexual intercourse with a female under 14),
(ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),
(iii) section 151 (seduction of a female 16 or more but under 18),
(iv) section 166 (parent or guardian procuring defilement), and
(v) section 167 (householder permitting defilement);
Marginal note:2010, c. 5, s. 9
133. Item 3 of Schedule 1 to the Act is repealed.
Marginal note:2000, c. 1, s. 8.1; 2008, c. 6, s. 58; 2010, c. 5, s. 8
134. Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act.
2004, c. 21International Transfer of Offenders Act
135. Section 3 of the International Transfer of Offenders Act is replaced by the following:
Marginal note:Purpose
3. The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.
136. (1) Subsection 10(1) of the Act is replaced by the following:
Marginal note:Factors — Canadian offenders
10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:
(a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;
(b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including
(i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender,
(ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or
(iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;
(c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;
(d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;
(e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;
(f) whether the offender has social or family ties in Canada;
(g) the offender’s health;
(h) whether the offender has refused to participate in a rehabilitation or reintegration program;
(i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;
(j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;
(k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or
(l) any other factor that the Minister considers relevant.
(2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors — Canadian and foreign offenders
(2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:
Consequential Amendments
R.S., c. H-6Canadian Human Rights Act
Marginal note:1998, c. 9, s. 9
137. Section 2 of the English version of the Canadian Human Rights Act is replaced by the following:
Marginal note:Purpose
2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Marginal note:1996, c. 14, s. 2
138. Subsection 3(1) of the English version of the Act is replaced by the following:
Marginal note:Prohibited grounds of discrimination
3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Marginal note:1992, c. 22, s. 13
139. (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed.
Marginal note:1992, c. 22, s. 13
(2) The definition état de personne graciée in section 25 of the French version of the Act is replaced by the following:
« état de personne graciée »
“conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”
état de personne graciée État d’une personne physique qui a obtenu un pardon accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel ou une suspension du casier au titre de la Loi sur le casier judiciaire, qui n’a pas été révoqué ni annulé.
(3) Section 25 of the English version of the Act is amended by adding the following in alphabetical order:
“conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”
« état de personne graciée »
“conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect;
1992, c. 47Contraventions Act
140. Section 63 of the French version of the Contraventions Act is replaced by the following:
Marginal note:Pas de casier judiciaire
63. Quiconque est déclaré coupable d’une contravention n’est pas coupable d’une infraction criminelle et une contravention ne constitue pas une infraction pour l’application de la Loi sur le casier judiciaire, sauf si elle aboutit à une déclaration de culpabilité par voie de mise en accusation.
R.S., c. C-46Criminal Code
Marginal note:2004, c. 10, s. 20
141. (1) The definition réhabilitation in subsection 490.011(1) of the French version of the Criminal Code is repealed.
Marginal note:2004, c. 10, s. 20
(2) The definition “pardon” in subsection 490.011(1) of the English version of the Act is replaced by the following:
“pardon”
« pardon »
“pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked.
(3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order:
“record suspension”
« suspension du casier »
“record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.
(4) Subsection 490.011(1) of the French version of the Act is amended by adding the following in alphabetical order:
« pardon »
“pardon”
pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 qui n’a pas été révoqué.
Marginal note:2007, c. 5, s. 15
142. (1) Subsection 490.015(3) of the Act is replaced by the following:
Marginal note:Pardon or record suspension
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
Marginal note:2007, c. 5, s. 15
(2) Subsection 490.015(5) of the Act is replaced by the following:
Marginal note:Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Marginal note:2004, c. 10, s. 20
143. Paragraph 490.022(2)(c) of the Act is replaced by the following:
(c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
Marginal note:2007, c. 5, s. 24; 2010, c. 17, s. 16(2)
144. Subsections 490.026(4) and (5) of the Act are replaced by the following:
Marginal note:Pardon or record suspension
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
Marginal note:Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.
Marginal note:1991, c. 43, s. 4
145. Paragraph 672.35(c) of the Act is replaced by the following:
(c) the National Parole Board or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
Marginal note:2000, c. 1, s. 9
146. Subsection 750(4) of the Act is replaced by the following:
Marginal note:Application for restoration of privileges
(4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
Marginal note:1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F)
147. Subsection 753.2(3) of the Act is replaced by the following:
Marginal note:Application for reduction in period of long-term supervision
(3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.
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