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

Marginal note:New applications for pardons

161. Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension.

Marginal note:Pending applications — Criminal Records Act

162. An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force.

Marginal note:Pending applications — references in other legislation

163. A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

• (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;

• (b) paragraph 202.14(2)(h) of the National Defence Act; and

• (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.

Marginal note:Pardons in effect — Criminal Records Act

164. The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect.

Marginal note:Pardons in effect — references in other legislation

165. A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

• (a) the definition “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” in section 25 of the Canadian Human Rights Act;

• (b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code;

• (c) subsection 10(8) of the DNA Identification Act;

• (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

• (e) the definition “record suspension” in section 227 of the National Defence Act; and

• (f) subsection 128(5) of the Youth Criminal Justice Act.