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FederalDid not become law (session ended)44th Parliament, 1st Session

Bill S-212 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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
44th Parliament, 1st Session
Bill number
Bill S-212
Full title
An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation
Current status
Did not become law (session ended)
Latest event
At third reading in the Senate
Last updated
May 30, 2024
Sponsor

Official Parliament of Canada snapshot for 44th 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.

Chamber
Parliament of Canada
Current Stage
At third reading in the Senate
Latest Activity
May 30, 2024
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill updates the rules for criminal record suspensions, pardons, and the use of criminal records in employment, taxation, and parole decisions, ensuring consistency with modern legal standards.

What It Means

This bill amends the Criminal Records Act and related legislation to update procedures for record suspensions, pardons, and the use of criminal records in various contexts. Key changes include: 1. Record Suspension Process: Clarifies that a record suspension (also called a 'record expungement') is a legal order that prevents the disclosure of criminal record information. It specifies that a person with a record suspension is deemed to have no criminal record for most purposes, except where explicitly required by law (e.g., certain employment or licensing contexts). 2. Pardons and Record Suspensions: Adds that a pardon does not automatically revoke a record suspension. However, if a person receives a pardon, they may apply for a new record suspension if they meet the criteria, and the previous record suspension is not automatically revoked. 3. Parole Board Considerations: Requires the Parole Board to consider whether a person has a record suspension when assessing parole eligibility. This means that a record suspension may influence parole decisions, though it does not automatically guarantee parole. 4. Interactions with Other Laws: Updates provisions in the Income Tax Act and Youth Criminal Justice Act to align with the new record suspension rules. For example, individuals with a record suspension are deemed eligible for certain tax benefits, and youth criminal records are handled differently as they transition to adulthood. 5. Revocation and Reapplication: Specifies that a record suspension can be revoked if the person is convicted of a new offense, and outlines procedures for reapplying for a record suspension after revocation. The changes take effect on [specific date, if provided in the bill text].

What This Bill Does
  • Amends the Criminal Records Act to define record suspensions and their effects on disclosure of criminal records.
  • Modifies the Income Tax Act to deem individuals with a record suspension as eligible for certain tax benefits.
  • Updates the Youth Criminal Justice Act to align record suspension rules with adult criminal record procedures.
  • Requires the Parole Board to consider record suspensions when evaluating parole applications.
  • Clarifies that pardons do not automatically revoke record suspensions, but may allow reapplication for a new suspension.
  • Outlines procedures for revoking a record suspension due to new criminal convictions and reapplying for a suspension.
Who Is Affected
  • Individuals with criminal records seeking record suspensions or pardons.
  • Employers or licensing bodies that may require criminal record checks.
  • Taxpayers who may be affected by record suspension eligibility for benefits.
  • Parole boards and correctional services assessing parole applications.
  • Military personnel or applicants considering service eligibility.
Uncertainties Or Limits
  • The bill text does not specify exact dates for commencement, though it references a 'day' after Royal Assent.
  • The exact criteria for reapplying for a record suspension after revocation are not detailed in the provided text.
  • The interaction between pardons and record suspensions is clarified, but specific procedural steps for reapplication are not fully outlined.
Laws Or Regulations Affected
Criminal Records Act
Amended to update definitions, procedures, and interactions with other laws.

Changes how criminal records are managed, including when and how they can be disclosed, and the conditions for record suspensions.

Income Tax Act
Modified to include provisions about record suspensions affecting tax eligibility.

People with a record suspension may be treated as having no criminal record for tax purposes, potentially impacting benefits or obligations.

Youth Criminal Justice Act
Updated to align record suspension rules with adult criminal record procedures.

Youth criminal records are handled differently as they transition to adulthood, with specific rules for record suspensions.

National Defence Act
Amended to include record suspension considerations in military service eligibility.

Military service eligibility may depend on whether a person has a record suspension or other criminal record status.

Parole Board of Canada Act
Modified to require consideration of record suspensions in parole decisions.

Parole boards must take into account whether an applicant has a record suspension when deciding on parole.

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 text

Parliamentary Process

Step 1
First reading
Nov 24, 2021
Completed

Bill S-212 completed its first reading in the Senate on November 24, 2021, and has since progressed through various procedural stages, currently being at the third reading.

Introduction and first reading, Nov 24, 2021
End of stage activity, Nov 24, 2021
Chamber sittings
Introduction and first reading - Nov 24, 2021

The Senate held a sitting on November 24, 2021, beginning with tributes to the late Senator Judith Keating, followed by the introduction of several bills including Bill S-212, and a debate on hybrid sittings.

Step 2
Second reading
Nov 3, 2022
Completed

This artifact details the procedural stages of Bill S-212 in the Senate, showing its progression from first reading through to its current status at third reading.

Second reading, Nov 3, 2022
Referral to committee, Nov 3, 2022
End of stage activity, Nov 3, 2022
Chamber sittings
Debate at second reading - Nov 30, 2021

On November 30, 2021, the Senate debated multiple bills and motions covering topics from criminal records reform and gender-based analysis to autism support, pandemic remembrance, online safety for minors, Indigenous issues, and international relations, alongside addressing current events like inflation and flooding.

During a Senate sitting on November 30, 2021, Senator Kim Pate introduced Bill S-212, aiming to amend the Criminal Records Act to facilitate the reintegration of individuals with criminal records by making record expiry automatic and accessible, thus addressing issues of cost, accessibility, and systemic racism.

Debate at second reading - Dec 9, 2021

On December 9, 2021, the Senate convened for a sitting that included electing a Speaker pro tempore, statements on diverse issues, question period on government matters, and continuation of debate on various bills, including Bill S-212 concerning the Criminal Records Act, before adjourning.

Debate at second reading - Nov 1, 2022

On November 1, 2022, the Senate convened for a sitting that included Senatorial Statements, Routine Proceedings, Question Period, and Orders of the Day, during which Bill S-212 concerning the Criminal Records Act was at the second reading debate stage.

Senator Boisvenu raised concerns during the second reading debate of Bill S-212 that the proposed automatic expiry of criminal records could compromise public safety and diminish the rights of victims by reducing scrutiny on offenders.

Second reading - Nov 3, 2022

The Senate completed the second reading of Bill S-212 and referred it to committee, alongside other legislative business.

Step 3
Consideration in committee
Sep 26, 2023
Completed

Bill S-212 completed its Senate committee review on September 26, 2023, and is now at third reading in the Senate after undergoing procedural examination.

Committee report presented with amendments, Sep 26, 2023
End of stage activity, Sep 26, 2023
Chamber sittings
Committee report presented with amendments - Sep 26, 2023

The Senate debated multiple bills, focusing on digital taxation, environmental protection, gun control, child benefits, healthcare, and supply management, with recurring themes of balancing regulatory oversight with economic and public safety concerns.

Step 4
Report stage
May 9, 2024
Completed

Bill S-212 completed its Senate Report stage on May 9, 2024, advancing to third reading after committee review.

Committee report adopted, May 9, 2024
End of stage activity, May 9, 2024
Chamber sittings
Debate at consideration of committee report - Sep 28, 2023

The Senate debated motions related to criminal record reforms, digital infrastructure modernization, and committee referrals without taking votes on the proposed measures.

Debate at consideration of committee report - May 2, 2024

The Senate debated two bills on May 2, 2024, discussing tax relief for tradespeople and criminal record access reforms, with motions to adjourn the session without voting.

Debate at consideration of committee report - May 8, 2024

On 8 May 2024, the Senate held a debate featuring multiple senators discussing climate change, healthcare, economic growth, and Indigenous reconciliation.

Committee report adopted - May 9, 2024

Senate debates highlight climate change impacts on Indigenous communities, food security challenges, Indigenous economic contributions, and corporate accountability measures through committee studies.

Step 5
Third reading
May 30, 2024
Not completed

Bill S-212 is undergoing third reading in the Senate on May 30, 2024, representing a procedural step in its legislative journey without altering the law itself.

Chamber sittings
Debate at third reading - May 21, 2024

On May 21, 2024, the Senate debated CBC/Radio-Canada's future, Korean Heritage Month recognition, intimate partner violence, legislative oversight, and climate change impacts on Indigenous communities.

Debate at third reading - May 30, 2024

The Senate debated criminal code amendments, temporary foreign worker reforms, Cuba-related motions, digital service modernization, and an inquiry into intimate partner violence, focusing on legal clarity, labor market balance, and public safety measures.

Step 1
First reading
Not reached yet
Not reached

This artifact details the procedural stages of Bill S-212, noting its first reading in the House of Commons on November 24, 2021, and its current status at third reading in the Senate.

Step 2
Second reading
Not reached yet
Not reached

The House of Commons second reading stage for Bill S-212 has not yet occurred, while the bill is currently at third reading in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

The artifact shows that the 'House of Commons Consideration in committee' stage for Bill S-212 has not yet been reached, with the bill currently at the 'Third reading in the Senate' stage.

Step 4
Report stage
Not reached yet
Not reached

Bill S-212 has not yet reached the House of Commons Report stage, although it has passed through this stage in the Senate and is currently at Third Reading in the Senate.

Step 5
Third reading
Not reached yet
Not reached

The House of Commons has not yet reached the third reading stage for Bill S-212, which has already completed its third 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

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Kim Pate
Senator | Independent Senators Group (ISG) | Ontario
Jurisdiction
Federal Parliament

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