R.S., c. C-47Criminal Records Act (continued)
Marginal note:2012, c. 1, s. 120
6.1 Subsection 6(2) of the Act is replaced by the following:
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.
7 The Act is amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to this Act.
Act means the Criminal Records Act. (Loi)
application means an application for a pardon or record suspension. (demande)
pardon has the same meaning as in subsection 2(1) of the Act as it read from time to time before March 13, 2012. (réhabilitation)
- record suspension
record suspension has the same meaning as in subsection 2(1) of the Act. (suspension du casier)
Marginal note:Pending applications
(2) If an application was made before the day on which this Act comes into force and that application has not been dealt with and disposed of on that day, that application is to be dealt with and disposed of in accordance with the Act, as amended by this Act. However, subsection 4(3.3) of the Act, as enacted by subsection 4(2) of this Act, is not to apply to an application made only with respect to an offence referred to in Schedule 3 of this Act if, on that day, the inquiries referred to in paragraph 4.2(1)(a) of the Act have been completed.
Marginal note:Waiting period
(3) Subsection 4.2(4) of the Act does not apply to an application for a record suspension referred to in subsection 4(3.1) of the Act, as enacted by subsection 4(2) of this Act, if the day on which the Board refuses to grant or issue a pardon or order a record suspension occurs within one year before the day on which this Act comes into force.
Marginal note:Annual report — applications
(4) In its annual report under section 11 of the Act for the year after the year in which this Act comes into force, the Board shall include information on the number of applications dealt with and disposed of in accordance with the Act, as amended by this Act, the associated costs and the number of suspensions that the Board ordered in respect of those applications, as well as the number that it refused to order.
Coming into Force
Marginal note:Order in council
9 This Act comes into force on a day to be fixed by order of the Governor in Council.
- Date modified: