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

Assented to 2012-03-13

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 (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed.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.

R.S., c. C-46Criminal Code

Marginal note:2004, c. 10, s. 20
  •  (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
  •  (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.

 

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