GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 8
Duty of Minister 8 If an application was made under the old scheme and the Minister has not, before the commencement day, made a decision under subsection 696.3(3) of the Criminal Code , as it read immediately before that day, the Minister must ask the applicant whether they consent to having the application transferred to the Commission to be dealt with in accordance with the new scheme.
Criminal Code — C-46 9
Consent within deadline 9 If the applicant gives, within the time limit fixed by the Minister, written consent to transfer the application, the application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control.
Criminal Code — C-46 10
No consent 10 (1) If the applicant, within the time limit fixed by the Minister, does not reply in writing to the Minister or gives a written refusal of consent to transfer the application, subsection (2) or (3) applies. Preliminary assessment completed (2) If, before the commencement day, the Minister completed the preliminary assessment of the application required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice , the old scheme continues to apply in respect of the application. Preliminary assessment not completed (3) If the Minister did not complete the preliminary assessment before the commencement day, the application is deemed not to have been made and the applicant may apply to the Commission under the new scheme.
Criminal Code — C-46 11
Late consent 11 An application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control if (a) the applicant gives, after the time limit fixed by the Minister, written consent to transfer the application; (b) the Minister completed the preliminary assessment required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice before the commencement day; and (c) the Minister receives the consent before having made, under subsection 10 (2) of this Act, a decision under subsection 696.3(3) of the Criminal Code , as it read immediately before the commencement day.
Criminal Code — C-46 12
Consent irrevocable 12 Consent that is given in accordance with section 9 or 11 is irrevocable.
Criminal Code — C-46 13
Application dismissed by Minister 13 For greater certainty, the fact that the Minister dismissed an application under the old scheme does not prevent the applicant from applying under the new scheme.
Criminal Records Act — C-47 1
Short title 1 This Act may be cited as the Criminal Records Act . R.S., c. 12 (1st Supp.), s. 1
Criminal Records Act — C-47 2
Definitions 2 (1) In this Act, Board means the Parole Board of Canada; ( Commission ) child means a person who is less than 18 years of age; ( enfant ) Commissioner means the Commissioner of the Royal Canadian Mounted Police; ( commissaire ) Executive Committee means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act ; ( Bureau ) Minister means the Minister of Public Safety and Emergency Preparedness; ( ministre ) pardon [Repealed, 2012, c. 1, s. 109] period of probation means a period during which a person convicted of an offence was directed by the court that convicted him (a) to be released on his own recognizance to keep the peace and be of good behaviour, or (b) to be released on or comply with the conditions prescribed in a probation order; ( période de probation ) possession means possession within the meaning of subsection 4(3) of the Criminal Code ; ( possession ) record suspension means a measure ordered by the Board under section 4.1; ( suspension du casier ) sentence has the same meaning as in the Criminal Code , but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act ; ( peine ) service offence has the same meaning as in subsection 2(1) of the National Defence Act . ( infraction d’ordre militaire ) Termination of period of probation (2) For the purposes of this Act, the period of probation shall be deemed to have terminated at the time the recognizance or the probation order that relates to the period of probation ceased to be in force. (3) [Repealed, 1992, c. 22, s. 1] R.S., 1985, c. C-47, s. 2; R.S., 1985, c. 1 (4th Supp.), s. 45(F); 1992, c. 22, s. 1; 1995, c. 39, ss. 166, 191, c. 42, s. 77; 2005, c. 10, s. 34; 2010, c. 5, ss. 7.1(E), 7.3(F); 2012, c. 1, ss. 109, 160; 2018, c. 21, s. 40 2019, c. 20, s. 1
Criminal Records Act — C-47
Board means the Parole Board of Canada; ( Commission )
Criminal Records Act — C-47
child means a person who is less than 18 years of age; ( enfant )
Criminal Records Act — C-47
Commissioner means the Commissioner of the Royal Canadian Mounted Police; ( commissaire )
Criminal Records Act — C-47
Executive Committee means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act ; ( Bureau )
Criminal Records Act — C-47
Minister means the Minister of Public Safety and Emergency Preparedness; ( ministre )
Criminal Records Act — C-47 (a)
period of probation means a period during which a person convicted of an offence was directed by the court that convicted him (a) to be released on his own recognizance to keep the peace and be of good behaviour, or (b) to be released on or comply with the conditions prescribed in a probation order; ( période de probation )
Criminal Records Act — C-47
possession means possession within the meaning of subsection 4(3) of the Criminal Code ; ( possession )
Criminal Records Act — C-47
record suspension means a measure ordered by the Board under section 4.1; ( suspension du casier )
Criminal Records Act — C-47
sentence has the same meaning as in the Criminal Code , but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act ; ( peine )
Criminal Records Act — C-47
service offence has the same meaning as in subsection 2(1) of the National Defence Act . ( infraction d’ordre militaire )
Criminal Records Act — C-47 2.1
Jurisdiction of the Board 2.1 (1) The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension. Employees of Board (2) The powers, duties and functions of the Board related to an application referred to in subsection 4(3.1) shall be exercised by employees of the Board or any class of its employees. 1992, c. 22, s. 2; 2010, c. 5, ss. 7.2(E), 7.5(F); 2012, c. 1, s. 110 2019, c. 20, s. 2
Criminal Records Act — C-47 2.2
Quorum 2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board. Panel of two or more persons (2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one. 1992, c. 22, s. 2; 2012, c. 1, s. 111
Criminal Records Act — C-47 2.3
Effect of record suspension 2.3 A record suspension (a) is evidence of the fact that (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 (ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and (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 . 2012, c. 1, s. 112; 2018, c. 21, s. 41 2019, c. 20, s. 3
Criminal Records Act — C-47 3
Application for record suspension 3 (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act , who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty. Transfer of offenders (2) For the purposes of this Act, the offence of which a Canadian offender within the meaning of the International Transfer of Offenders Act who has been transferred to Canada under that Act has been found guilty is deemed to be an offence that was prosecuted by indictment. R.S., 1985, c. C-47, s. 3; 1992, c. 22, s. 3; 2004, c. 21, s. 40; 2012, c. 1, s. 114
Criminal Records Act — C-47 4
1) has the onus of satisfying the Board that the person has been convicted only of an offence referred to in that subsection. 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. 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. 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. R.S., 1985, c. C-47, s. 4; R.S., 1985, c. 1 (4th Supp.), s. 45(F); 1992, c. 22, s. 4; 2000, c. 1, s. 1(F); 2010, c. 5, s. 2; 2012, c. 1, s. 115 2019, c. 20, s. 4
Criminal Records Act — C-47 4.01
Exception — long-term supervision 4.01 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
Criminal Records Act — C-47 4.1
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 (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. 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. Exception to revocation (1.2) A record suspension ordered under subsection (1.1) may not be revoked by the Board under paragraph 7(b). 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. 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 2019, c. 20, s. 5
Criminal Records Act — C-47 4.2
Inquiries 4.2 (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. Restrictions on inquiries (1.1) The inquiries referred to in paragraph (1)(a), made with respect to an application referred to in subsection 4(3.1) or (3.11), are not to take into account the non-payment of any fine or victim surcharge imposed for any offence referred to in Schedule 3. Restrictions on inquiries (1.2) The inquiries referred to in paragraphs (1)(b) and (c) do not apply to an application referred to in subsection 4(3.1) and, with respect to all other applications for a record suspension, are not to take into account any offence referred to in Schedule 3. 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. 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). 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 2019, c. 20, s. 6
Criminal Records Act — C-47 4.3
Expiration of sentence 4.3 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
Criminal Records Act — C-47 4.4
Functions of Executive Committee 4.4 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
Criminal Records Act — C-47 6
Records to be delivered to Commissioner 6 (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. Records to be kept separate and not 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. Subject to subsection (2.1), no record of a conviction is to be disclosed to any person, nor is the existence of the record or the fact of the conviction to be disclosed to any person, without the prior approval of the Minister. Limited disclosure (2.1) The prior approval of the Minister referred to in subsection (2) is not necessary for the purposes of sections 734.5 and 734.6 of the Criminal Code or section 145.1 of the National Defence Act for non-payment of a fine or victim surcharge that is imposed for an offence referred to in Schedule 3. 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. 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 2019, c. 20, s. 6.1
Criminal Records Act — C-47 6.1
Discharges 6.1 (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. 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)
Criminal Records Act — C-47 6.2
Disclosure to police forces 6.2 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
Criminal Records Act — C-47 6.3
Definition of vulnerable person 6.3 (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. 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. 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. 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). 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. 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). 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. 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. 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
Criminal Records Act — C-47 6.4
Operation of section 6.3 6.4 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
Criminal Records Act — C-47 7
Revocation of record suspension 7 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