Bill S-214 explained in plain English
An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-214 replaces the criminal record suspension system with an automatic record expiry system where criminal records automatically disappear from public access after waiting periods, unless complications require a Board review.
Bill S-214 replaces the criminal record suspension system with an automatic record expiry system. Instead of requiring people with convictions to apply for a record suspension, their criminal records will now automatically expire (disappear from public access) after a waiting period—5 years for serious offences and 2 years for summary conviction offences. For people convicted as children, records expire immediately after the sentence ends. The bill changes how record expiry works. If there are complications (like pending charges or new convictions during the waiting period), people must apply to the Parole Board of Canada for an order to have their record expire. The Board will decide based on whether the expiry would support rehabilitation and not bring the administration of justice into disrepute. The bill removes certain old rules. People convicted of sexual offences against children or other serious crimes listed in Schedule 1 can no longer apply for record expiry unless specific conditions are met. However, convictions for simple cannabis possession before legalization get special treatment and can be addressed more quickly. The bill also makes changes across multiple federal laws to replace the term "record suspension" with "record expiry" to match the new system. It removes the Pardon Services Fees Order, meaning people no longer pay fees to apply for record expiry when they qualify automatically.
- Changes the Criminal Records Act from a suspension system (where people apply for pardons) to an automatic expiry system (where records expire on their own after a set time)
- Sets waiting periods: 5 years after sentence completion for serious offences (indictable), 2 years for summary conviction offences, and immediate expiry for offences committed as a child
- Requires automatic expiry unless the RCMP criminal record system shows pending charges, outstanding investigations, or new convictions during the waiting period—then a person must apply to the Parole Board
- Removes the ability of the Parole Board to revoke record suspensions, since records now expire automatically instead of remaining suspended indefinitely
- Maintains restrictions for certain sexual offences against children and other serious crimes listed in Schedule 1—these cannot get record expiry unless specific conditions are met
- Provides special faster treatment for simple cannabis possession convictions from before legalization (October 17, 2018)
- Makes records expire automatically apply to all past record suspensions that were already granted
- Updates the Criminal Code, National Defence Act, Immigration and Refugee Protection Act, Income Tax Act, DNA Identification Act, Youth Criminal Justice Act, and Canadian Human Rights Act to use 'record expiry' instead of 'record suspension'
- Removes the Pardon Services Fees Order—people no longer pay fees for applications under section 4.1
- Removes Schedules 1, 2, and 3 from the Criminal Records Act and incorporates relevant offence lists into the main body of the law
- People convicted of federal offences in Canada
- People convicted as adults: subject to 5-year or 2-year waiting periods depending on offence type
- People convicted as children: records expire immediately after sentence completion
- People with past record suspensions already granted: automatically treated as having record expiry
- People with pending record suspension applications when the bill comes into force: applications dealt with under new expiry rules
- People convicted of offences listed in Schedule 1 (sexual offences against children and similar serious crimes): may still face restrictions on record expiry
- People convicted of cannabis possession before legalization (October 17, 2018): eligible for faster record expiry
- Sex offenders required to register under the Criminal Code or National Defence Act: record expiry affects their registration obligations
- Employers and organizations checking criminal records: will no longer see records that have expired
- Police forces investigating crimes: may still access information about expired records in limited circumstances
- Immigration authorities: cannot refuse entry or permanent residence based on expired records
- Individuals applying to register charities: record expiry affects eligibility
- Military members with service offences: record expiry rules apply to military convictions
- Automatic right: Criminal records expire after waiting periods without needing to apply (2 or 5 years depending on offence type, immediate for children)
- Obligation on Parole Board: Must notify people within 30 days if their record will not expire automatically due to complications and explain their right to apply
- Right to apply: People with complications (pending charges, outstanding investigations, new convictions) can apply to the Board for record expiry review
- Right to fair process: Applicants must be notified in writing if the Board proposes to refuse their application and have the right to make written or oral representations
- Right to re-apply: If the Board refuses an application, a person may re-apply after one year has passed
- Obligation on government: Must keep records separate and not disclose them once expired, except in limited circumstances related to safety/security or administration of justice
- Right to non-disclosure: People with expired records cannot be required to disclose convictions on job applications (section 8)
- Right to protected information: People cannot be discriminated against based on pardons or record expiries in protected areas under Canadian Human Rights Act
- Obligation on police: Can access information about expired records in limited circumstances (fingerprint identification) but must treat it as separate from other records
- Obligation on RCMP: Must remove references to expired records and discharges from the automated criminal records system
- Right for sex offenders: Can apply to terminate sex offender registration obligations once record expiry occurs
- Obligation on Minister: Can require delivery of judicial records into Commissioner's custody and approve limited disclosures for administration of justice or safety/security purposes
- No fee obligation: Applicants do not pay fees for applications under section 4.1
- The bill does not specify a commencement date; it refers only to 'the day on which this Act comes into force'
- Transitional provision: All record suspensions already granted under the old law are deemed to be record expiries under the new law (section 27)
- Transitional provision: Pending applications for record suspensions made before the bill comes into force are dealt with under new rules, depending on whether there were subsequent convictions or outstanding charges (section 28)
- Historical reference: Cannabis offences under the old law relate to convictions before October 17, 2018 (when cannabis was legalized)
- Historical reference: Old Criminal Code provisions referred to are those existing before January 1, 1988 and January 4, 1983 (for some sexual assault offences)
- The Pardon Services Fees Order is repealed, eliminating all fees for applications under section 4.1 of the Criminal Records Act
- Administrative costs for the Parole Board may increase due to the new requirement to review cases with complications (those with pending charges, outstanding investigations, or new convictions)
- Administrative costs for the RCMP will increase due to the requirement to remove records from the automated criminal conviction records retrieval system (CPIC) and create notations for vulnerable person offences
- Government departments and agencies may incur costs to ensure separated storage and proper handling of expired records
- The income tax consequences for charitable registration are affected—people with record expiry may now be eligible to register charities, whereas previously those with record suspensions might have faced different treatment
- No direct taxpayer financial burden is mentioned in the bill text
- The bill does not specify criminal or civil penalties for violations of the disclosure or record-keeping provisions
- The bill does not specify penalties for officials who fail to comply with obligations to keep records separate or remove them from systems
- The bill does not specify consequences for employers or organizations that unlawfully require disclosure of expired records
- The bill does not specify enforcement mechanisms for ensuring police forces comply with limitations on access to expired records
- The bill references the Board's 'exclusive jurisdiction and absolute discretion' to decide whether to order record expiry (section 2.1(1)), but does not specify remedies for improper Board decisions or judicial review standards
- The bill does not specify penalties for individuals making false or deceptive statements in applications, though the old law allowed revocation for such conduct; however, since records now expire automatically, this may be less relevant
- The bill does not specify the exact date the Act comes into force; it only refers to 'the day on which this Act comes into force'
- The bill refers to factors 'prescribed by regulation' that the Board may consider when deciding whether expiry would bring administration of justice into disrepute (section 4.1(5)(d)), but these regulations are not included in the bill text
- The bill does not provide details on how the RCMP's automated criminal conviction records retrieval system will be updated or the timeline for these updates
- The bill states the Board may make inquiries 'with respect to any factors that it considers necessary' but does not define what factors the Board should prioritize or how inquiries will be conducted in practice
- The bill does not specify enforcement mechanisms or penalties for officials who fail to properly separate or purge records as required
- The definition of 'record expiry has occurred' in other legislation (Criminal Code, National Defence Act, Immigration Act) is not provided in the bill; it relies on the Criminal Records Act definition
- The bill does not explain how transitional rules apply if someone has multiple convictions with different waiting periods
- The bill does not clarify how 'expiration according to law of any sentence' will be calculated in cases of concurrent or consecutive sentences
- The bill does not specify how provinces or territories will be notified of the changes or how provincial law enforcement will access the updated RCMP system
- The bill repeals Schedules 1, 2, and 3 but does not provide a clear mechanism for updating lists of offences if needed in the future (though section 4(5) allows Governor in Council to amend schedules by order)
Changed from a system where people apply for record suspensions to a system where records automatically expire after waiting periods. Suspension-related provisions (sections 2.1-2.3, section 7, 7.1, 7.2) are replaced with expiry-related provisions. New section 4.1 creates a review process for cases with complications. Schedules 1, 2, and 3 are repealed.
Definition of 'record suspension' repealed and replaced with 'record expiry'. References to record suspension in sections dealing with sex offender registration (490.015, 490.022, 490.026), jury disqualification (638), mental disorder verdicts (672.35), and loss of privilege restoration (750) are changed to 'record expiry'.
Section 2 (Purpose) and section 3 (Prohibited grounds of discrimination) now refer to convictions 'in respect of which a record expiry has occurred' instead of 'record suspension has been ordered'. Definition of '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 is replaced.
Definition of 'record suspension' in section 227 is repealed and replaced with 'record expiry'. References to record suspension in sections 202.14(2)(h) (mental disorder findings), 227.03 (sex offender registration termination), and 227.12 (sex offender registration) are changed to 'record expiry'.
Definition of 'ineligible individual' in subsection 149.1(1) is updated to refer to 'record expiry' instead of 'record suspension' when determining whether a person can register a charity.
Subsection 10(8) updated to require stored bodily substances be kept separate when a record expiry has occurred, instead of when a record suspension is in effect.
Paragraph 36(3)(b) updated to provide that inadmissibility cannot be based on a conviction for which a record expiry has occurred, instead of a record suspension. Paragraph 53(f) similarly updated.
Sections 82(1)(d), 119(1)(n)(iii), 120(4)(c)(iii), and 128(5) updated to refer to 'record expiry' under the Criminal Records Act instead of 'record suspension'.
The entire regulation is repealed. People no longer pay fees for applications under the new section 4.1 of the Criminal Records Act.
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-214 completed its first reading in the Senate on February 18, 2020, as part of its progression through the legislative process.
This record shows that Bill S-214 received its first reading in the Senate on February 18, 2020. This is a procedural step where a bill is formally introduced. The bill was later read for a second time on February 20, 2020, and debates on this stage occurred on June 25, 2020.
On February 18, 2020, Senator Kim Pate introduced Bill S-214, an Act to amend the Criminal Records Act, marking its first reading in the Senate.
On February 18, 2020, the Senate convened for a sitting that included Senator Kim Pate introducing Bill S-214, an act to amend the Criminal Records Act. This marked the first reading of the bill. The rest of the sitting involved various Senate business, including statements by senators on various topics, tabling of reports, and debates on other government and private members' bills and motions. The record does not contain details about the content or purpose of Bill S-214 beyond its introduction.
Bill S-214 is currently at the second reading stage in the Senate, with debate having occurred on two separate dates, and the stage remains uncompleted.
This artifact describes the progress of Bill S-214 in the Senate. The bill reached the second reading stage, where debate occurred on February 20, 2020, and continued on June 25, 2020. The summary notes that the stage is not yet completed. It also lists similar bills introduced in a previous parliamentary session.
During a Senate sitting on February 20, 2020, Senator Kim Pate introduced Bill S-214, concerning amendments to the Criminal Records Act, for second reading, after which the debate was adjourned.
On February 20, 2020, the Senate convened for a sitting that included Senators' Statements, Routine Proceedings, Question Period, and Orders of the Day. During the sitting, Senator Kim Pate moved second reading of Bill S-214, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation. Following her speech, the debate on the bill was adjourned.
During the Senate's second reading debate on Bill S-214, Senator Kim Pate argued for a more accessible and affordable system for suspending criminal records, proposing that records should expire after a period of crime-free years.
On February 20, 2020, the Senate of Canada began the second reading debate for Bill S-214, an act to amend the Criminal Records Act. Senator Kim Pate introduced the bill, highlighting that the current system for record suspensions (formerly pardons) has become too expensive and complex, creating barriers for individuals, particularly those who are poor, seeking to reintegrate into society. She argued that Bill S-214 aims to create a more streamlined system where criminal records would expire after a set period of crime-free years, thereby improving public safety and fairness. The debate was adjourned after her speech.
On June 25, 2020, the Senate held a sitting that included tributes, senators' statements on various issues, question period, and a Committee of the Whole discussion on systemic racism, with ministers providing input.
The Senate convened on June 25, 2020. The sitting included tributes to departing pages, statements by senators on various topics including the experiences of employees of a former senator, the Korean War, the role of women, working groups, and the COVID-19 pandemic and racism. Question Period covered topics such as Veterans Affairs, Agriculture and Agri-Food, Foreign Affairs, Health, National Capital Commission, Finance, and Veterans Affairs. The Orders of the Day included debate continuation on several bills and inquiries, consideration of the government's role in combatting racism in Committee of the Whole, and motions related to various committees and inquiries. Notably, the Senate went into Committee of the Whole to discuss the government's role in addressing anti-Black racism, anti-Indigenous racism, and ending systemic racism, with ministers present to answer questions.
On June 25, 2020, the Senate debated tributes to pages, heard statements on various issues including racism and the Korean War, held a Committee of the Whole on systemic racism with government ministers, discussed several bills including appropriation bills and amendments to the Criminal Code and Criminal Records Act, and debated motions related to establishing a special committee on systemic racism and addressing workplace misconduct.
This Senate debate record from June 25, 2020, primarily discusses tributes to departing Senate pages and statements on various topics including a statement of regret regarding experiences of employees of a former Senator, the commemoration of the Korean War, the role of women, working groups, and the COVID-19 pandemic and racism. The debate also covers Question Period topics such as Veterans Affairs, Canada-China relations, mental health, residential development in Gatineau Park, pharmaceutical drugs, Canada's credit rating, and settlement of claims. Later in the sitting, the Senate moved into a Committee of the Whole to consider the government's role in addressing anti-Black, anti-Indigenous, and systemic racism, hearing from Ministers Chagger, Hussen, and Blair. The discussion also included debates on Appropriation Bills, amendments to the Criminal Code related to judicial independence and mandatory minimum sentences, and the Criminal Records Act regarding record suspensions. The proceedings also covered a motion to strike a Special Senate Committee on Systemic Racism, inquiries on guaranteed livable income, and the presence of racism and discrimination within Canadian institutions.
Bill S-214 has not yet reached the third reading in the Senate, remaining at the second reading stage with recent debate activity.
The record indicates that Bill S-214 has not yet reached the "Senate Third reading" stage. The bill's current status is "At second reading in the Senate". The latest activity noted was debate at second reading on Thursday, June 25, 2020. The bill had its first reading on Tuesday, February 18, 2020, and its second reading on Thursday, February 20, 2020.
Bill S-214, concerning amendments to the Criminal Records Act, has reached its first reading stage in the House of Commons, although this stage is marked as not yet reached, and the bill is currently at second reading in the Senate.
This artifact describes the first reading stage of Bill S-214 in the House of Commons. First reading is a procedural step where a bill is introduced. According to the provided text, this stage has not yet been reached. The bill has since progressed to second reading in the Senate, with debates having occurred.
Bill S-214 has not yet undergone second reading in the House of Commons, though it is currently at the second reading stage in the Senate.
This artifact indicates that Bill S-214 has not yet reached the second reading stage in the House of Commons. The bill's current status is "At second reading in the Senate."
Bill S-214 has not yet proceeded to the committee stage in the House of Commons and is currently at second reading in the Senate.
This record indicates that Bill S-214 has not yet reached the 'Consideration in committee' stage in the House of Commons. The bill is currently at the 'Second reading' stage in the Senate, with the latest activity being debate on June 25, 2020.
Bill S-214 has reached the report stage in the House of Commons, which has not yet occurred, and is currently at second reading in the Senate where debate has taken place.
This artifact describes the status of Bill S-214. The bill is currently at the report stage in the House of Commons, but this stage has not yet been reached. The bill has proceeded to second reading in the Senate. The source indicates that there was debate at second reading in the Senate on June 25, 2020, and provides details on speeches from Senators Kim Pate and Marilou McPhedran.
Bill S-214 has not yet reached the Third Reading stage in the House of Commons and is currently under debate at Second Reading in the Senate.
The provided text indicates that Bill S-214 has not yet reached the Third Reading stage in the House of Commons. The bill is currently at the Second Reading stage in the Senate, with its latest activity being a debate on Thursday, June 25, 2020.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced