Criminal Records Act

Marginal note:Inquiries

• 4.2 (1) On receipt of an application for a pardon, the Board

  • (a) shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

  • (b) may, in the case of an offence referred to in paragraph 4(a), cause inquiries to be made with respect to any factors that it may consider in determining whether granting the pardon would bring the administration of justice into disrepute.

• Marginal note:Entitlement to make representations

  (2) If the Board proposes to refuse to grant a pardon, it shall notify in writing the applicant of its proposal and advise the applicant 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

  (3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

• Marginal note:Waiting period

  (4) An applicant whose application is refused may not apply for a pardon until the expiration of one year after the date of the refusal.