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 'record suspension' (pardon) system with automatic 'record expiry' after a set waiting period.
Key Changes
- Replaces the application-based 'record suspension' system with automatic 'record expiry' after waiting periods of 5 years (indictable offences) or 2 years (summary offences) from the end of sentence
- Eliminates the waiting period entirely for people who were children at the time of the offence — their record expires as soon as the sentence is completed
- Removes all fees for any application related to record expiry, and repeals the Pardon Services Fees Order
- Creates a Board review process only when the RCMP system shows a new conviction, outstanding charges, or an active investigation during the waiting period
- Narrows the grounds for revoking a record expiry to cases involving fraud or deception in an application, and only for offences listed in Schedules 1 or 2
- Updates multiple federal laws (Criminal Code, Canadian Human Rights Act, Immigration and Refugee Protection Act, DNA Identification Act, etc.) to reflect the new 'record expiry' terminology and framework
Gotchas
- The automatic expiry does not apply if the RCMP system flags a new conviction, outstanding charges, or an active investigation — in those cases, the person must still go through a Board review process, placing the burden of proof on the applicant.
- Record expiry for serious offences (Schedule 1 and 2, such as sexual offences) can be revoked by the Board if the person made false or deceptive statements in their application, but the bill narrows revocation grounds compared to the current law, which also allowed revocation for general 'bad conduct.'
- Even after a record expires, police forces can still access certain information in specific circumstances prescribed by regulation, and the Minister can approve disclosure in the interests of justice or national security.
- For offences involving sexual crimes listed in Schedule 1 or 2, a notation remains in the RCMP system allowing police to know a record exists even after expiry — this is a carve-out that limits the privacy benefit for those offenders.
- Existing record suspensions are automatically deemed to be record expiries under the new law, meaning people who already went through the old process are not disadvantaged, but pending applications are transitioned to the new rules depending on the applicant's circumstances.
Who's Affected
- Canadians with criminal records who previously had to apply and pay fees for a record suspension
- People convicted as children or youth, who now benefit from immediate record expiry after sentence completion
- The Parole Board of Canada, whose role shifts from processing all applications to reviewing only flagged cases
- Employers and organizations that use criminal record checks in hiring or volunteer screening
- Immigrants and permanent residents, as record expiry affects inadmissibility determinations under immigration law
- Sex offenders listed in Schedules 1 or 2, who face stricter rules around revocation and cessation of record expiry
Vibes
0 responses
Gotchas
- The automatic expiry does not apply if the RCMP system flags a new conviction, outstanding charges, or an active investigation — in those cases, the person must still go through a Board review process, placing the burden of proof on the applicant.
- Record expiry for serious offences (Schedule 1 and 2, such as sexual offences) can be revoked by the Board if the person made false or deceptive statements in their application, but the bill narrows revocation grounds compared to the current law, which also allowed revocation for general 'bad conduct.'
- Even after a record expires, police forces can still access certain information in specific circumstances prescribed by regulation, and the Minister can approve disclosure in the interests of justice or national security.
- For offences involving sexual crimes listed in Schedule 1 or 2, a notation remains in the RCMP system allowing police to know a record exists even after expiry — this is a carve-out that limits the privacy benefit for those offenders.
- Existing record suspensions are automatically deemed to be record expiries under the new law, meaning people who already went through the old process are not disadvantaged, but pending applications are transitioned to the new rules depending on the applicant's circumstances.
Summary
Currently, people with criminal records must apply to the Parole Board of Canada and pay a fee to get a 'record suspension' (sometimes called a pardon), which hides their record from most searches. This bill changes that system so that criminal records automatically 'expire' — meaning they are sealed without requiring an application or fee — after a waiting period of five years for serious (indictable) offences and two years for less serious (summary) offences, once the person has finished their sentence. For people who were children when they committed the offence, the record expires immediately after the sentence is completed, 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 at the end of that period, the automatic expiry does not happen. Instead, the person must apply to the Parole Board for a review, and the Board decides whether to order the expiry. This review process is similar to the current application system, but it is now the exception rather than the rule. The bill also eliminates all fees for any application under the new system, repeals the Pardon Services Fees Order, and makes matching updates to several other laws — including the Criminal Code, Canadian Human Rights Act, Immigration and Refugee Protection Act, and others — to replace references to 'record suspension' with 'record expiry.' Existing record suspensions are automatically converted to record expiries under the new system.
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Vibes
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