Automatic Expiry of Most Criminal Records

Summary#

This bill changes the federal Criminal Records Act to make most criminal records expire automatically after set waiting periods, instead of requiring people to apply for a record suspension. It updates many other Acts to reflect “record expiry,” limits disclosure of expired records, and removes application fees. Past record suspensions will be treated as expired records.

• Shorter waiting times: 5 years for most indictable offences; 2 years for summary offences; no extra wait for people who were children at the time of the offence (Clause 5, s.4(1)-(2)).
• Automatic expiry unless there was a new conviction during the wait or there were outstanding charges or an investigation at the end; those cases require a Parole Board review and application (Clause 6, s.4.1(1)-(5); Clause 9, s.4.4).
• Expired records are kept separate; federal disqualifications tied to the conviction are removed, subject to limits in other Acts (Clause 2, “Effect of record expiry”).
• Police access is narrowed; RCMP must purge most expired convictions from CPIC, with limited notations retained for specified serious offences (Clause 11, s.6.1(8); Clause 13, s.6.3(2)).
• Employment forms cannot ask about convictions where a record has expired (Clause 18, s.8).
• All existing record suspensions are deemed to be record expiries; pending applications are handled under the new rules (Transitional provisions).

What it means for you#

• Households/Individuals

  • Automatic clean slate after sentence completion and wait: 5 years for indictable/service offences; 2 years for summary/service offences; the wait starts after imprisonment, probation, and fines are completed (Clause 5, s.4(1); Clause 6, “Expiry of sentence”).
  • If you were a child at the time of the offence, your record expires after your sentence ends, with no extra wait (Clause 5, s.4(2)).
  • If you had a new conviction during the waiting period, or you have outstanding charges or an investigation at the end, your record will not expire automatically. You will get a notice within 30 days and may apply to the Parole Board. The Board must order expiry if it sustains your rehabilitation and does not bring the administration of justice into disrepute (Clause 6, s.4.1(1)-(5)).
  • If refused, you may reapply after 1 year (Clause 9, s.4.3).
  • Existing record suspensions are treated as record expiries. Pending applications are processed under the new framework based on your status at the time the law takes effect (Transitional provisions).
  • Sex Offender Information Registration Act: you may apply to end obligations once a pardon is granted or a record expiry occurs (Clauses 30–32, Criminal Code ss.490.015, 490.022, 490.026).
  • DNA profiles tied to an expired record must be kept separate and not used or disclosed (Clause 44, DNA Identification Act s.10(8)).
  • Immigration: inadmissibility cannot be based on a conviction for which a record expiry has occurred (Clause 45, IRPA s.36(3)(b)).
  • Human rights: federal anti-discrimination protections apply to convictions where a record expiry has occurred (Clauses 36–38, Canadian Human Rights Act ss.2, 3(1), 25).

• Workers/Job Seekers

  • Employers cannot use application forms that require disclosure of convictions where a record has expired (Clause 18, s.8).

• Businesses/Charities and Nonprofits

  • Registered charities: an individual with a “relevant criminal offence” is no longer an “ineligible individual” once a record expiry has occurred (Clause 43, Income Tax Act s.149.1(1), (1.01)).

• Police/Justice System

  • RCMP must remove references in CPIC for expired records, except for offences listed in Schedules 1 and 2; for those, a limited notation remains for police queries (Clause 11, s.6.1(8); Clause 13, s.6.3(2); Clause 14, s.6.4).
  • Disclosure of expired records by federal bodies generally requires Ministerial approval, with narrow exceptions (Clause 11, s.6.1(2)-(5); Clause 12, s.6.2).
  • The Parole Board processes record-expiry applications where review is required; employees handle these functions, and the Executive Committee must set policies (Clause 2, s.2.1(2); Clause 9, “Functions of Executive Committee”).

• Civic Duties

  • Jury service: a juror may be challenged for cause if convicted and no pardon or record expiry has occurred (Clause 33, Criminal Code s.638(1)(c)).

Expenses#

• Estimated net cost: Data unavailable.

• Fiscal note: No publicly available fiscal note.

• Direct appropriations in the bill: Data unavailable.

• Fees and revenues:

  • Application fees are eliminated; all record-expiry applications are free (Clause 22, “Applications free of fee or charge”; Clause 50 repeals Pardon Services Fees Order). Budget impact from lost fee revenue: Data unavailable.

• Administrative impacts noted in the bill:

  • RCMP CPIC changes and purges (Clause 11, s.6.1(7)-(8)).
  • Parole Board notifications within 30 days and application processing where review is required (Clause 6, s.4.1(2)-(3)).
  • Annual reporting metrics updated (Clause 23, s.11(1)). Cost: Data unavailable.

Proponents' View#

• Speeds rehabilitation and reduces barriers by cutting wait times from 10 to 5 years for indictable, and 5 to 2 years for summary offences; no extra wait for those who offended as children (Clause 5, s.4(1)-(2)).
• Makes relief automatic for most people who complete their sentence and stay out of trouble, reducing red tape and costs for applicants (Clause 5, s.4; Clause 6, s.4.1(1)-(2); Clause 22, “Applications free of fee or charge”).
• Keeps safeguards: if there is a new conviction during the wait or unresolved charges/investigations at the end, expiry requires a Board review focused on rehabilitation and the administration of justice (Clause 6, s.4.1(1)-(5); Clause 9, s.4.4).
• Maintains public safety tools for serious offences: CPIC keeps limited notations for Schedule 1 and 2 offences; disclosure of expired records requires Ministerial approval; police can access limited identifiers when fingerprints match (Clause 11, s.6.1(2)-(5), (8); Clause 12, s.6.2; Clause 13, s.6.3(2)).
• Aligns other federal laws so expired records no longer trigger immigration inadmissibility, human-rights discrimination, or certain regulatory bars, supporting stable work and housing (Clauses 36–38, CHRA; Clause 45, IRPA s.36(3)(b); Clause 43, ITA s.149.1).

Opponents' View#

• Transparency concerns: automatic expiry after fixed periods may limit what employers and licensing bodies can see, especially for non–Schedule 1 or 2 offences that are purged from CPIC, raising risks in sensitive roles (Clause 11, s.6.1(8); Clause 18, s.8).
• Implementation risk: RCMP system changes and large-scale CPIC purges could be complex, with error risks or backlogs; the bill sets duties but provides no detailed funding plan (Clause 11, s.6.1(7)-(8)). Data unavailable on readiness and costs.
• Fiscal impact: elimination of application fees removes a revenue stream; the Parole Board must issue notices and run reviews for flagged cases, which may require more staff. Net budget effects are not provided (Clause 6, s.4.1(2)-(3); Clause 22, “Applications free of fee or charge”). Data unavailable.
• Discretion standard: the “sustain rehabilitation” and “not bring the administration of justice into disrepute” tests may be subjective, leading to inconsistent decisions across cases (Clause 6, s.4.1(3)-(5)).
• Narrower revocation: the bill removes revocation for later misconduct or convictions and limits revocation/cessation mainly to misrepresentation or ineligibility in serious-offence cases, which could reduce accountability after expiry (Clause 15, s.7; Clause 17, s.7.2).