Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

Marginal note:2010, c. 5, s. 4
  •  (1) Subsections 4.2(1) and (2) of the Act are replaced by the following:

    Marginal note: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.

    • 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:2000, c. 1, s. 2

    (2) Subsection 4.2(4) of the Act is replaced by the following:

    • 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.

 The Act is amended by adding the following after section 4.3:

Marginal note: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.

Marginal note:1992, c. 22, s. 5; 2000, c. 1, s. 3; 2010, c. 5, s. 5, c. 17, s. 64

 Section 5 of the Act and the heading before it are repealed.

Marginal note:2000, c. 1, s. 5(E); 2010, c. 5, par. 7.1(b)(E)

 Subsections 6(1) and (2) of the Act are replaced by the following:

Marginal note: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.

  • 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:1992, c. 22, s. 6

 The portion of section 6.2 of the Act before paragraph (a) is replaced by the following:

Marginal note: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

Marginal note:2000, c. 1, s. 6; 2010, c. 5, s. 6(1)
  •  (1) Subsections 6.3(1) to (3) of the Act are replaced by the following:

    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.

    • 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:2010, c. 5, s. 6(2)

    (2) Subsection 6.3(9) of the Act is replaced by the following:

    • 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.

Marginal note:2000, c. 1, s. 6; 2010, c. 5, par. 7.1(c)(E) and s. 7.4(F)

 Section 6.4 of the Act is replaced by the following:

Marginal note: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.

Marginal note:1992, c. 22, s. 7; 2010, c. 5, par. 7.1(d)(E)

 Section 7 of the Act is replaced by the following:

Marginal note: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.

Marginal note:2000, c. 1, s. 7; 2010, c. 5, par. 7.1(e)(E)
  •  (1) Subsection 7.1(1) of the Act is replaced by the following:

    Marginal note:Entitlement to make representations
    • 7.1 (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:2000, c. 1, s. 7

    (2) Subsection 7.1(2) of the English version of the Act is replaced by the following:

    • 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).

Marginal note:2000, c. 1, s. 7; 2010, c. 5, s. 6.1(E) and par. 7.1(f)(E) and 7.3(b)(F)

 Section 7.2 of the Act is replaced by the following:

Marginal note:Cessation of effect of record suspension

7.2 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) any other offence under the Criminal Code, except subsection 255(1), or under 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.

Marginal note:1992, c. 22, s. 8(1); 2010, c. 5, par. 7.1(g)(E)

 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:

 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.

 
Date modified: