RELATED PROVISIONS

• — 1992, c. 22, s. 11

  Transitional

  11. Section 6.1 of the Criminal Records Act applies in respect of a discharge under section 736 of the Criminal Code before the day on which this Act comes into force, if the person who was discharged applies to the Royal Canadian Mounted Police to have section 6.1 of that Act apply.

• — 2010, c. 5, s. 10

  New applications for pardons

  10. Subject to section 11, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act 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 Act.

• — 2010, c. 5, s. 11

  Pending applications — Criminal Records Act

  11. An application for a pardon under the Criminal Records Act that is made before the day on which this Act 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

  • (a) is made after the period referred to in paragraph 4(a) of that Act, as it read immediately before the day on which this Act comes into force, has elapsed; and

  • (b) is not finally disposed of on the day on which this Act comes into force.

• — 2010, c. 5, s. 12, as amended by 2012, c. 1, s. 151

  151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11:

  Pardons in effect — Criminal Records Act

  12. The Criminal Records Act, as it read immediately before the day on which this Act comes into force, applies to a pardon that was granted or issued before that day and that has not been revoked or ceased to have effect.

  Coming into force

  13. Section 12 is deemed to have come into force on June 29, 2010.

• — 2012, c. 1, s. 161

  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.

• — 2012, c. 1, s. 162

  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.

• — 2012, c. 1, s. 164

  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.

• — 2012, c. 1, s. 165

  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.