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

Act current to 2012-05-02 and last amended on 2012-03-13. Previous Versions

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.

  • 2000, c. 1, s. 6;
  • 2010, c. 5, ss. 7.1(E), 7.4(F);
  • 2012, c. 1, s. 123.
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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.

  • R.S., 1985, c. C-47, s. 7;
  • 1992, c. 22, s. 7;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 124.
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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).

  • 1992, c. 22, s. 7;
  • 2000, c. 1, s. 7;
  • 2010, c. 5, s. 7.1(E);
  • 2012, c. 1, s. 125.
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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) any other offence under the Criminal Code, except subsection 255(1), or under 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.

  • 1992, c. 22, s. 7;
  • 2000, c. 1, s. 7;
  • 2010, c. 5, ss. 6.1(E), 7.1(E), 7.3(F);
  • 2012, c. 1, s. 126.
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