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

Assented to 2012-03-13

Marginal note:2000, c. 1, s. 8
  •  (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

 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.

 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

 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

 Item 3 of Schedule 1 to the Act is repealed.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

 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

 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.

  •  (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

 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

 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
  •  (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

 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.

 
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