Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
Marginal note:2007, c. 5, s. 4
154. (1) Subsection 227.03(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. 4
(2) Subsection 227.03(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 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
Marginal note:2007, c. 5, s. 4; 2010, c. 17, s. 53(2)
155. Subsections 227.12(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 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.
2002, c. 1Youth Criminal Justice Act
156. Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following:
(d) the National Parole Board or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.
157. Subparagraph 119(1)(n)(iii) of the Act is replaced by the following:
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,
158. Subparagraph 120(4)(c)(iii) of the Act is replaced by the following:
(iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult.
159. Subsection 128(5) of the Act is replaced by the following:
Marginal note:Exception
(5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect.
Terminology Changes
160. In the following provisions, “National Parole Board” is replaced by “Parole Board of Canada”:
(a) Schedule I to the Access to Information Act;
(b) in the Corrections and Conditional Release Act,
(i) subparagraph (a)(ii) of the definition “inmate” in subsection 2(1),
(ii) paragraph 4(a),
(iii) subsection 25(1),
(iv) the definition “Board” in subsection 99(1),
(v) paragraph 167(2)(a),
(vi) paragraph 177(b),
(vii) subsections 178(1) and (2),
(viii) subsections 179(1) and (3), and
(ix) section 180;
(c) in the Criminal Code,
(i) subparagraph (b)(xi) of the definition “justice system participant” in section 2,
(ii) paragraph 672.35(c),
(iii) paragraphs 746.1(2)(c) and (3)(c),
(iv) subsection 753.2(3), and
(v) subsections 761(1) and (2);
(d) in the Criminal Records Act,
(i) the definition “Board” in subsection 2(1), and
(ii) the heading before section 2.1;
(e) section 5 of the Department of Public Safety and Emergency Preparedness Act;
(f) in the Financial Administration Act,
(i) Schedule I.1,
(ii) Schedule IV, and
(iii) Part II of Schedule VI;
(g) section 28 of the International Transfer of Offenders Act;
(h) in the National Defence Act,
(i) paragraph 202.14(2)(h), and
(ii) subsection 222(2);
(i) subsection 6(9) of the Prisons and Reformatories Act;
(j) in the Privacy Act,
(i) section 24, and
(ii) the schedule, under the heading “OTHER GOVERNMENT INSTITUTIONS”;
(k) Schedule I to the Public Sector Compensation Act, under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”; and
(l) in the Youth Criminal Justice Act,
(i) paragraph 77(3)(b), and
(ii) paragraph 82(1)(d).
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