APPLICATION FOR PARDON

Application for pardon

3.(1) A person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament may apply to the Board for a pardon in respect of that offence and a Canadian offender within the meaning of the International Transfer of Offenders Act" who has been transferred to Canada under that Act may apply to the Board for a pardon in respect of the offence of which the offender has been found guilty.

Transfer of offenders

(2) For the purposes of this Act, the offence of which a Canadian offender within the meaning of the International Transfer of Offenders Act" who has been transferred to Canada under that Act has been found guilty is deemed to be an offence that was prosecuted by indictment.

R.S., 1985, c. C-47, s. 3; 1992, c. 22, s. 3; 2004, c. 21, s. 40.

PROCEDURE

Conviction-free period

4.Before an application for a pardon may be considered, the following period must have elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence, namely,

(a) five years, in the case of

(i) an offence prosecuted by indictment, or

(ii) a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six months, dismissal from Her Majesty's service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or

(b) three years, in the case of

(i) an offence punishable on summary conviction, or

(ii) a service offence within the meaning of the National Defence Act, other than a service offence referred to in subparagraph (a)(ii).

R.S., 1985, c. C-47, s. 4; R.S., 1985, c. 1 (4th Supp.), s. 45(F); 1992, c. 22, s. 4; 2000, c. 1, s. 1(F).

Exception where long-term supervision

4.01The period during which a person is being supervised pursuant to an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act is not included in the calculation of the period referred to in section 4 that must have elapsed after the expiration of sentence before an application for a pardon is considered.

1997, c. 17, s. 38.

Grant of pardon � indictable offences

4.1(1) The Board may grant a pardon for an offence prosecuted by indictment or a service offence referred to in subparagraph 4(a)(ii) if the Board is satisfied that the applicant, during the period of five years referred to in paragraph 4(a),

(a) has been of good conduct; and

(b) has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament.

Summary conviction offences

(2) A pardon for an offence punishable on summary conviction or a service offence referred to in subparagraph 4(b)(ii) shall be issued if the offender has not been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament during the period of three years referred to in paragraph 4(b).

1992, c. 22, s. 4.

Inquiries

4.2(1) On receipt of an application for a pardon for an offence referred to in paragraph 4(a), the Board shall cause inquiries to be made to ascertain the conduct of the applicant since the date of the conviction.

Opportunity to make representations

(2) If the Board proposes to refuse to grant a pardon, it shall notify the applicant of its proposal in writing and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, if the Board so authorizes, orally at a hearing held for that purpose.

Board to consider representations

(3) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to the applicant pursuant to subsection (2).

Waiting period

(4) An applicant whose application is refused may not apply for a pardon until the expiration of one year after the date of the refusal.

1992, c. 22, s. 4; 2000, c. 1, s. 2.

Expiration of sentence

4.3For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account

(a) any period during which the offender could be entitled to statutory release or any period following a statutory release date; or

(b) any remission that stands to the credit of the offender in respect of the offence.

1992, c. 22, s. 4.

EFFECT OF PARDON

Effect of pardon

5.The pardon

(a) is evidence of the fact

(i) that, in the case of a pardon for an offence referred to in paragraph 4(a), the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and

(ii) that, in the case of any pardon, the conviction in respect of which the pardon is granted or issued should no longer reflect adversely on the applicant's character; and

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of the Criminal Code or subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act, or of a regulation made under an Act of Parliament.

R.S., 1985, c. C-47, s. 5; 1992, c. 22, s. 5; 1995, c. 39, ss