S-207 (45-1) - An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
Chamber
senate
Stage
2nd Reading
Introduced
May 28, 2025
Progress
This bill replaces the current pardon/record suspension system with automatic criminal record expiry after a set waiting period.
Key Changes
- Replaces the application-based 'record suspension' system with automatic criminal record expiry after waiting periods of 5 years (indictable) or 2 years (summary conviction)
- Creates a no-waiting-period automatic expiry for people who were children at the time of their offence
- Requires a Board review and application only when the person had new convictions, outstanding charges, or was under investigation during the waiting period
- Eliminates all fees for applying to the Parole Board for a record expiry review
- Automatically deems all existing record suspensions as record expiries under the new system
- Repeals Schedule 3 (cannabis offences) and the Pardon Services Fees Order, and updates references across multiple federal laws including the Criminal Code, Canadian Human Rights Act, Immigration and Refugee Protection Act, and others
Gotchas
- Existing record suspensions are automatically converted to record expiries under the new system, meaning people who already went through the old process are not disadvantaged
- The Board retains the power to revoke a record expiry if the person made false or deceptive statements in their application, but only for offences listed in Schedules 1 or 2 (serious offences)
- Even after a record expires, police can still access a notation in the RCMP system indicating that a record exists for offences listed in Schedules 1 and 2 (e.g., serious sexual offences), meaning the record is not fully invisible to law enforcement
- Records for offences that have since been decriminalized (e.g., certain cannabis offences) must be removed from the RCMP database without delay, going further than the current system
- The waiting period calculation excludes statutory release periods and remission credits, meaning the clock starts later than the actual release date for some people
- Pending applications under the old system are transitioned to the new rules, with the applicable process depending on whether the person had subsequent convictions or outstanding charges
Who's Affected
- Canadians with criminal records who have completed their sentences
- People who were convicted as children (youth offenders)
- Employers and organizations that conduct criminal background checks
- The Parole Board of Canada, which would have a reduced but still active review role
- Immigrants and permanent residents whose admissibility is affected by criminal records
- Police forces and the RCMP, which maintain criminal records databases
Vibes
0 responses
Gotchas
- Existing record suspensions are automatically converted to record expiries under the new system, meaning people who already went through the old process are not disadvantaged
- The Board retains the power to revoke a record expiry if the person made false or deceptive statements in their application, but only for offences listed in Schedules 1 or 2 (serious offences)
- Even after a record expires, police can still access a notation in the RCMP system indicating that a record exists for offences listed in Schedules 1 and 2 (e.g., serious sexual offences), meaning the record is not fully invisible to law enforcement
- Records for offences that have since been decriminalized (e.g., certain cannabis offences) must be removed from the RCMP database without delay, going further than the current system
- The waiting period calculation excludes statutory release periods and remission credits, meaning the clock starts later than the actual release date for some people
- Pending applications under the old system are transitioned to the new rules, with the applicable process depending on whether the person had subsequent convictions or outstanding charges
Summary
Bill S-207 changes how criminal records are handled in Canada. Instead of requiring people to apply for a 'record suspension' (sometimes called a pardon), this bill makes criminal records automatically expire after a waiting period — 5 years for indictable offences and 2 years for summary conviction offences — once a person has finished their sentence. For people who were children when they committed an offence, the record expires immediately after the sentence is complete, with no waiting period. If the RCMP's criminal records system shows that a person was convicted of another offence during the waiting period, has outstanding charges, or is under investigation, the automatic expiry does not happen. Instead, that person must apply to the Parole Board of Canada for a review. The Board can then order the record expiry if it is satisfied the expiry would support the person's rehabilitation and would not bring the justice system into disrepute. The bill was introduced by Senator Kim Pate and aims to make it easier for rehabilitated people to move on with their lives without the burden of a criminal record, removing barriers to employment, housing, and other opportunities. It also eliminates the application fee that currently exists for record suspensions and repeals the Pardon Services Fees Order.
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Vibes
0 responses