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

Assented to 2012-03-13

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

143. Paragraph 490.022(2)(c) of the Act is replaced by the following:

  • (c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.

Marginal note:2007, c. 5, s. 24; 2010, c. 17, s. 16(2)

144. Subsections 490.026(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 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.

Marginal note:1991, c. 43, s. 4

145. Paragraph 672.35(c) of the Act is replaced by the following:

  • (c) the National Parole Board or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

Marginal note:2000, c. 1, s. 9

146. Subsection 750(4) of the Act is replaced by the following:

  • Marginal note:Application for restoration of privileges

    (4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.

Marginal note:1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F)

147. Subsection 753.2(3) of the Act is replaced by the following:

  • Marginal note:Application for reduction in period of long-term supervision

    (3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.