Bill S-208 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, 2nd 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-208 replaces Canada's criminal record "suspension" system with an automatic "record expiry" system where records seal after waiting periods without requiring applicants to apply.
Bill S-208 replaces the "record suspension" system in Canada's Criminal Records Act with an automatic "record expiry" system. Under the new system, criminal records automatically expire (become sealed) after certain waiting periods without requiring people to apply to the Parole Board of Canada. For adults convicted of indictable offences, records expire after 5 years; for summary offences, after 2 years. For children, records expire immediately after their sentence ends. However, if someone is convicted of another crime, has outstanding charges, or is under investigation during the waiting period, their record does not automatically expire and they must apply to the Board for it to be ordered expired. The bill removes several restrictions on who could apply for record suspensions, eliminates certain offence categories that made people ineligible, eliminates application fees for certain cannabis offences, and repeals several schedules listing restricted offences. It also makes related changes to the Criminal Code, National Defence Act, Canadian Human Rights Act, Income Tax Act, DNA Identification Act, Immigration and Refugee Protection Act, and Youth Criminal Justice Act to replace references to "record suspension" with "record expiry" throughout federal law.
- Replaces the record suspension system with automatic record expiry, where criminal records automatically expire and become sealed after waiting periods
- Sets waiting periods: 5 years for adult indictable offences or service offences with serious punishment; 2 years for summary offences; immediate expiry for children's records after sentence completion
- Makes record expiry automatic unless the applicant was convicted of another offence, had outstanding charges, or was under investigation during the waiting period
- Requires people with complicating factors (new convictions, outstanding charges, or investigations) to apply to the Parole Board of Canada for a record expiry order, which the Board must grant if it is satisfied the expiry would sustain rehabilitation and not bring justice into disrepute
- Repeals the requirement for the Board to assess whether a record suspension would provide a 'measurable benefit' to the applicant
- Removes Schedules 1 and 2, which listed offences that restricted eligibility for record suspensions
- Eliminates the requirement for people convicted only of cannabis offences to pay application fees to the Board
- Allows people with multiple convictions involving cannabis offences to apply for record expiry sooner under new rules
- Changes how the Board assesses applications: for automatic expirees with complications, the Board must consider whether expiry would sustain rehabilitation and not disrepute; the applicant bears the burden of proof
- Removes the Board's power to revoke record suspensions and replaces it with rules about when record expiries 'cease to have effect'
- Requires the Royal Canadian Mounted Police Commissioner to remove references to expired records from the automated criminal conviction records retrieval system without delay
- Requires police forces and courts to keep records of expired convictions separate from other criminal records
- Maintains a notation system for convictions involving vulnerable persons so police can access information for public safety purposes, even after expiry
- Prohibits application forms for employment, professional licensing, bonding, and housing from asking about convictions for which a record expiry has occurred
- Makes consequential amendments to the Criminal Code, National Defence Act, Canadian Human Rights Act, Income Tax Act, DNA Identification Act, Immigration and Refugee Protection Act, and Youth Criminal Justice Act to refer to 'record expiry' instead of 'record suspension'
- Repeals the Pardon Services Fees Order
- Treats all previously-granted record suspensions as if a record expiry has occurred under the new system
- Applies the new rules to pending record suspension applications depending on whether the applicant has had subsequent convictions or outstanding charges
- Adults convicted of criminal offences under federal law whose records can now expire automatically
- Children convicted of criminal offences under federal law whose records now expire immediately after sentence completion
- Canadian offenders transferred to Canada under the International Transfer of Offenders Act
- People with pending record suspension applications at the time the bill comes into force
- People who previously received record suspensions, whose records are automatically deemed to have expired under the new system
- People convicted only of cannabis offences, who no longer need to pay application fees and can apply for record expiry sooner
- The Parole Board of Canada, which now has different powers and must process record expiry orders instead of suspension applications
- Employers, professional licensing bodies, bonding agencies, and landlords, who can no longer require disclosure of expired convictions
- Police forces and law enforcement agencies, who must follow new rules about accessing and managing records of expired convictions
- Sex offenders and others subject to registration obligations, whose obligations may be affected by record expiry
- Permanent residents and foreign nationals, who may be affected by changes to immigration inadmissibility rules
- Charitable organizations, whose employees or directors may be affected by changes to eligibility rules
- Adults convicted of indictable offences: their records automatically expire 5 years after sentence completion (unless complications prevent automatic expiry)
- Adults convicted of summary offences: their records automatically expire 2 years after sentence completion (unless complications prevent automatic expiry)
- Children: their records automatically expire immediately after sentence completion
- People with complications (new convictions, outstanding charges, or investigations): must apply to the Board for a record expiry order, which the Board must grant if satisfied expiry would sustain rehabilitation and not disrepute
- Applicants in Board review: bear the burden of proving rehabilitation is sustained by record expiry
- Applicants with refused Board applications: may reapply after one year
- People with record expiry: their judicial record is kept separate from other criminal records and they have disqualifications or obligations removed (subject to exceptions for violent crime firearms bans, sex offender obligations, defence force offences, fines, victim surcharges, and international transfer provisions)
- Employers and others requesting information: cannot require disclosure of convictions for which a record expiry has occurred
- Parole boards: must consider pending record expiry in assessing parole applications and may be authorized to access records for that purpose
- The Commissioner of the Royal Canadian Mounted Police: must remove expired records from the automated criminal conviction records retrieval system without delay
- Government departments: must keep records of expired convictions separate and can only disclose with Minister approval (limited exceptions for collections of unpaid fines and victim surcharges)
- Police forces: may access information about convictions involving vulnerable persons even after expiry for public safety purposes
- Bill text references 'the day on which this Act comes into force' multiple times but does not specify a date
- All previously-granted record suspensions are deemed to have expired as of the Act's coming into force date
- Pending record suspension applications are dealt with under new rules as of the Act's coming into force date, depending on the applicant's circumstances
- The 30-day notification period (section 4.1(2)) runs from the end of the waiting period in section 4
- One-year reapplication waiting period (section 4.3) runs from date of Board's refusal of record expiry order
- Five-year period for parole board review purposes runs as specified in the Criminal Code and related Acts
- Elimination of application fees for people applying for record expiry under section 4.1 (new obligation on the Board)
- Elimination of application fees for people with only cannabis offences (previously charged a fee, now free)
- Repeal of the Pardon Services Fees Order, which previously governed fees charged for pardon services
- Potential cost to government from increased administrative work managing the automated record expiry system and processing review applications
- Potential financial benefit to individuals no longer required to pay for record expiry applications
- No specific criminal penalties are listed in the bill for violations
- Non-compliance with disclosure restrictions is governed by existing laws (implied enforcement through government procedures and potentially through Canadian Human Rights Act)
- The bill does not create new criminal offences, but enforces compliance through administrative procedures requiring government compliance with record management rules
- The specific date on which the Act comes into force is not specified in the bill text provided
- The bill does not define exactly what constitutes 'outstanding charges' or 'under investigation' for purposes of section 4.1(1)
- The bill uses the term 'automated criminal conviction records retrieval system' without fully defining all its components or operational procedures
- The standard the Board must apply ('would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute') is somewhat subjective and its application is not fully detailed
- The bill does not specify whether the Board's decisions on record expiry orders are reviewable or appealable
- The bill does not clarify how record expiry affects provincial offences or provincial criminal records, only federal offences
- The bill does not specify all the 'prescribed factors' by regulation that the Board may consider under section 4.1(5)
- It is unclear whether existing operational policies of the Board remain in effect or must be revised for record expiry applications
- The transitional provisions do not fully address all scenarios for pending applications (e.g., what happens if circumstances change during processing)
Replaces record suspension system with automatic record expiry system; changes eligibility rules, waiting periods, application procedures, and the Board's powers; removes or amends definitions and schedules; adds rules about record expiry orders following review
Replaces all references to 'record suspension' with 'record expiry'; updates sections dealing with parole eligibility, sex offender registration obligations, jury challenges, criminal responsibility findings, and restoration of privileges to refer to record expiry
Replaces all references to 'record suspension' with 'record expiry'; updates sections dealing with parole board consideration of findings and sex offender registration obligations to refer to record expiry
Updates the purpose statement and prohibited grounds of discrimination to replace 'record suspension' with 'record expiry' and revises the definition to reflect the new system
Updates the definition of 'ineligible individual' for charitable donation purposes to refer to record expiry instead of record suspension
Updates rules for handling stored bodily substances to refer to record expiry instead of record suspension
Removes inadmissibility based on convictions for which a record expiry has occurred instead of record suspensions
Updates references to parole board and record suspension applications to refer to record expiry; updates access to youth records to reflect consideration of record expiry applications
Removes the regulation that set fees for pardon services
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-208 completed its First Reading in the Senate on September 30, 2020, and was later referred to committee.
This record describes the initial stage of Bill S-208 in the Senate, known as First Reading, which occurred on September 30, 2020. This is a procedural step where the bill is formally introduced. The bill was later referred to a committee on May 25, 2021. The record also notes that speeches were made during the Second Reading stage on November 3, 2020, and May 25, 2021.
This Senate sitting on September 30, 2020, saw the introduction of Bill S-208, alongside tributes, discussions on various societal issues, and a Question Period covering topics like COVID-19 and Indigenous relations.
This artifact is a record of a Senate sitting on September 30, 2020. During Routine Proceedings, several bills were introduced and received first reading. One of these was Bill S-208, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation. The record includes tributes to the late Honourable Brenda Robertson and the late Aline Chrétien, discussions on the sale of MEC assets, an exhibition honouring Canada's Black Artists, and the Canadian Police and Peace Officers’ Memorial Service. The sitting also included a Question Period where senators discussed issues such as COVID-19 testing, the Inter-Parliamentary Union presidency, the Canada Emergency Commercial Rent Assistance program, hybrid chamber sittings, access to safe drinking water, and mental health support for Indigenous peoples.
Bill S-208 completed its second reading in the Senate and was subsequently referred to committee for further consideration.
This record shows the progress of Bill S-208 in the Senate. The Senate completed the second reading stage of the bill on November 3, 2020. Following this, the bill was referred to a committee on May 25, 2021, where it is currently being considered. Speeches from Senators Kim Pate and Denise Batters were made during the second reading process.
The Senate sat on November 3, 2020, observing a moment of silence for victims of tragedies, addressing various Senate business including committee reports and motions, and continuing debate on several bills, including Bill S-208 concerning the Criminal Records Act.
On November 3, 2020, the Senate of Canada held a sitting that included a moment of silent tribute for victims of tragedies in Quebec City and CFB Wainwright. The sitting also included statements from senators on various topics, routine proceedings, question period, and the continuation of debates on several bills and motions. The Senate also considered committee reports and notices of motions. Notably, Bill S-208, concerning amendments to the Criminal Records Act, was introduced for second reading debate and subsequently adjourned.
Senator Kim Pate introduced Bill S-208 at second reading, proposing to automatically and freely expunge criminal records after a set period of crime-free living to address systemic racism and reduce barriers to reintegration.
During this Senate sitting, the bill "An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation" (Bill S-208) was introduced at second reading by Senator Kim Pate. Senator Pate explained that the bill aims to create a more streamlined system for expunging criminal records after a period of crime-free living, making the process automatic and free, with exceptions for vulnerable sector checks. The goal is to address systemic racism and reduce barriers to employment and reintegration for individuals, particularly Indigenous peoples, Black Canadians, and people of colour. The discussion highlighted concerns about the current system's complexity, cost, and discriminatory impact, and proposed that this bill would promote public safety and equality by providing timely relief from criminal records.
During a Senate sitting on May 4, 2021, Senators discussed various topics including agriculture, Asian Heritage Month, COVID-19 vaccines, military harassment, and legal matters, with continued debate on Bill S-208 concerning the Criminal Records Act.
On May 4, 2021, the Senate held a sitting that included various procedural activities and debates. The sitting began with Senators' Statements on topics such as "Agriculture in the Classroom" and "Asian Heritage Month." Routine Proceedings saw the presentation of committee reports and the introduction of new bills, including an amendment to the Criminal Code. Question Period addressed issues like the COVID-19 vaccine rollout, harassment allegations in the military, mandatory minimum penalties, forced adoptions, and amendments to the Broadcasting Act and Copyright Act. The Orders of the Day included continued debates on several bills, including Bill S-208, An Act to amend the Criminal Records Act, which was debated at second reading. The sitting concluded with the adjournment of several debates and the adoption of a committee report.
On May 25, 2021, the Senate appointed a Speaker pro tempore, heard statements on various topics including Asian Heritage Month and Anti-Semitism, dealt with routine proceedings and question period, and debated and referred multiple bills, including Bill S-208 concerning the Criminal Records Act.
The Senate met on May 25, 2021. The sitting included the appointment of Senator Ringuette as Speaker pro tempore, congratulations to Senators McCallum and Sinclair on their university appointments, statements on Asian Heritage Month and Anti-Semitism, and discussions on the Federal Greenhouse Gas Offset System. Routine proceedings included the adoption of a motion concerning Bill S-4 and the first reading of several new bills. Question Period addressed the COVID-19 vaccine rollout, liquefied natural gas projects, international development, finance, Indigenous Services, public safety, and transport. The Senate also considered several other bills at various stages, including Bill S-208, "An Act to amend the Criminal Records Act," which was read a second time and referred to committee. A significant portion of the sitting involved a detailed debate and point of order concerning Senator Dalphond's conduct, and extensive debates on various other bills including those related to assisted human reproduction, copyright, substance use decriminalization, and sports betting.
During the Senate's second reading debate on Bill S-208, which proposes automatic expiry of criminal records, concerns were raised about public safety implications, particularly regarding serious offences and the removal of existing eligibility restrictions, before the bill was referred to committee.
On May 25, 2021, the Senate held its second reading debate for Bill S-208, an Act to amend the Criminal Records Act. Senator Denise Batters spoke against the bill, expressing concerns about its potential impact on public safety. She argued that the bill's proposed automatic expiry of criminal records, particularly for serious offences, would reduce wait times too drastically and remove crucial safety measures. Senator Batters highlighted that the bill would delete offence schedules that currently make certain offenders ineligible for record suspensions, potentially allowing offenders of serious crimes, including child sexual offences, to have their records automatically suspended. She also raised concerns about the effectiveness of vulnerable sector record checks as a replacement and the potential for uninformed landlords or employers to be put at risk. She contrasted the bill's proposals with changes made by the previous Conservative government to lengthen record suspension eligibility periods, citing the cases of Graham James and Karla Homolka as motivations for those changes. Senator Kim Pate, the bill's sponsor, acknowledged Senator Batters' concerns and suggested they be further examined in committee. Senator Pierre-Hugues Boisvenu questioned Senator Batters about the risk to children posed by the bill's proposed changes, and Senator Batters agreed that this was a major concern requiring significant committee review. Following the debate, the bill was read for a second time, on division, and referred to the Standing Senate Committee on Legal and Constitutional Affairs.
Bill S-208, concerning amendments to the Criminal Records Act, is currently at the stage of committee consideration in the Senate, with its latest procedural step being its referral to committee.
This artifact describes the current procedural status of Bill S-208 in the Senate. The bill has been referred to a committee for consideration. The last recorded activity was its referral to committee on May 25, 2021. The bill had its first reading on September 30, 2020, and its second reading on November 3, 2020. There were major speeches associated with the second reading on November 3, 2020, and May 25, 2021. The artifact also lists similar bills that have been introduced in the current and previous Parliaments.
Bill S-208, concerning amendments to the Criminal Records Act, has reached the Senate report stage without proceedings and was last referred to committee in May 2021.
This artifact describes the progress of Bill S-208 in the Senate. The bill has reached the report stage but has not yet had any proceedings at this stage. The latest activity noted is its referral to a committee on May 25, 2021. The bill was first read on September 30, 2020, and had its second reading on November 3, 2020. Major speeches related to the second reading occurred on November 3, 2020, and May 25, 2021. The artifact also lists similar bills that have been introduced in the current and previous Parliaments.
Bill S-208 has not yet reached the Senate Third reading stage and is currently under consideration in committee, having completed first and second readings.
This record indicates that Bill S-208, concerning amendments to the Criminal Records Act, has not yet reached the 'Senate Third reading' stage. Its current status is 'At consideration in committee in the Senate', with the last activity being its referral to a committee on May 25, 2021. The bill had its first reading on September 30, 2020, and its second reading on November 3, 2020. Major speeches related to the second reading were given by Senator Kim Pate on November 3, 2020, and Senator Denise Batters on May 25, 2021. The artifact does not detail the content of these speeches or the committee's proceedings, nor does it indicate any progress beyond the committee stage.
This artifact describes the procedural step of First Reading for Bill S-208 in the House of Commons, noting it has not been reached, while the bill is currently under consideration in a Senate committee.
The artifact indicates that Bill S-208 reached its First Reading stage in the House of Commons on Wednesday, September 30, 2020. However, the process stage details show that this specific step ('House of Commons First reading') has not yet been reached in the described process. The bill's current status is 'At consideration in committee in the Senate', with its latest activity being a referral to a Senate committee on Tuesday, May 25, 2021. The provided text also notes major speeches made during the bill's Second Reading in the Senate and lists similar bills that have been introduced in the current and previous Parliaments.
This artifact shows that Bill S-208, an Act to amend the Criminal Records Act, is currently before a Senate committee, and the House of Commons Second Reading stage has not yet occurred.
This record indicates that the House of Commons Second Reading stage for Bill S-208 has not yet been reached. The bill's status is currently 'At consideration in committee in the Senate'. The latest activity noted was its referral to a Senate committee on May 25, 2021. The bill had its First Reading on September 30, 2020, and Second Reading on November 3, 2020, in the Senate, with speeches from Senators Kim Pate and Denise Batters on those dates respectively. The artifact also lists similar bills that have been introduced in the current and previous Parliaments.
Bill S-208, an Act to amend the Criminal Records Act, has been referred to a Senate committee, but its consideration in the House of Commons committee stage has not yet begun.
The provided text indicates that Bill S-208 has reached the 'House of Commons Consideration in committee' stage, but this stage has 'Not reached'. The latest activity noted was its referral to a committee in the Senate on May 25, 2021. The bill had its first reading on September 30, 2020, and second reading on November 3, 2020, in the Senate. The text also mentions major speeches given during the second reading stage in the Senate by Senators Kim Pate and Denise Batters. Similar bills, S-214 and S-258, are also mentioned.
This record shows that Bill S-208 has not yet reached the Report stage in the House of Commons and was most recently referred to a committee in the Senate.
This artifact describes the legislative process for Bill S-208 in the House of Commons. It indicates that the bill has not yet reached the Report stage in the House of Commons. The most recent action noted is its referral to a committee in the Senate. The record also lists dates for its first and second readings in the Senate, and mentions speeches made during the second reading, including one by Senator Kim Pate and a response by Senator Denise Batters. The artifact also points to similar bills introduced in the current and previous Parliaments.
The House of Commons Third reading stage for Bill S-208 has not been reached, as the bill is currently under consideration in a Senate committee.
This artifact indicates that the "House of Commons Third reading" stage for Bill S-208 has not yet been reached. The bill's current status is "At consideration in committee in the Senate". The latest procedural activity noted was the bill's referral to a Senate committee on Tuesday, May 25, 2021. The artifact also lists previous stages like First reading (Wednesday, September 30, 2020) and Second reading (Tuesday, November 3, 2020), along with the dates of major speeches given during the Second reading in the Senate.
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