Criminal Records Act (R.S.C., 1985, c. C-47)

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: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.

• Marginal note: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.

• 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: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).

• 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.

Marginal note: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.

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.

5 [Repealed, 2012, c. 1, s. 119]

Custody of Records

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 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

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

• (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.

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: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).

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• 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: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.

Revocation

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: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: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: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) an offence under the Criminal Code other than an offence under subsection 320.14(1) or 320.15(1) of that Act — or under the Cannabis Act, 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.

General

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:

• (a) employment in any department as defined in section 2 of the Financial Administration Act;

• (b) employment by any Crown corporation as defined in section 83 of the Financial Administration Act;

• (c) enrolment in the Canadian Forces; or

• (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

Marginal note:Saving of other pardons

9 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy or the provisions of the Criminal Code relating to pardons, except that sections 6 and 8 apply in respect of any pardon granted pursuant to the royal prerogative of mercy or those provisions.

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.