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Canada Moves to Allow Criminal Record Expiry

An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation

Summary

This bill replaces discretionary record suspensions with automatic "record expiry" after sentences are completed and a set waiting period (5 years for indictable offences, 2 years for summary offences, and no extra wait beyond sentence completion for offences committed as a child). If the RCMP’s CPIC system shows a new conviction during the waiting period or outstanding charges/investigations at the end, automatic expiry is paused; the Parole Board notifies the person and may order expiry after a review if it sustains rehabilitation and does not bring the administration of justice into disrepute. Once expired, federal records are segregated and non-disclosable without Ministerial approval, with limited public-safety exceptions (including continued vulnerable sector screening), and related statutes are updated to recognize record expiry. Existing record suspensions are deemed expired, pending applications are transitioned into the new framework, and all application fees are eliminated; the Pardon Services Fees Order is repealed.

  • Automatic expiry of criminal records after fixed waiting periods; no additional waiting period for youth offences.
  • Pause-and-review by the Parole Board if CPIC shows a new conviction during the period or outstanding charges/investigations at the end; mandatory notification within 30 days; no fees for applications under review.
  • Expired records are sealed and non-disclosable without Ministerial approval, with limited exceptions for public safety, vulnerable sector checks, and certain fine enforcement; decriminalized offences are purged from CPIC.
  • Broad consequential amendments (Criminal Code, CHRA, IRPA, DNA Act, National Defence Act, Youth Criminal Justice Act, Income Tax Act) to recognize record expiry and its effects.
  • Transitional: current record suspensions deemed expired; pending applications decided under new rules; Pardon Services Fees Order repealed.

Builder Assessment

Vote Yes

Overall, the bill aligns with prosperity-focused goals by removing red tape and costs, accelerating reintegration, and expanding the effective labour pool, while retaining targeted public-safety checks. Implementation quality, data integrity, and clarity around serious offences are critical to maintain public confidence and safety.

  • Strengths: automatic expiry, fee elimination, reduced bureaucracy, improved employability and housing access, continued vulnerable sector safeguards, and broad statutory alignment.
  • Risks/unknowns: reliance on CPIC data completeness; unclear net fiscal savings after IT changes; potential public concern about uniform waiting periods for serious offences.
  • Suggestions: publish service standards and data-quality metrics; transparently cost and phase IT upgrades; consider evidence-based tiered waiting periods for designated violent/sexual offences without creating new red tape; ensure clear guidance to employers and police on vulnerable sector checks and limited disclosure rules.

Question Period Cards

What is the projected net fiscal impact of eliminating pardon fees and moving to an automated expiry regime, including the costs of CPIC and Parole Board IT upgrades, and will the government table a detailed costing and service-standard plan to ensure savings rather than new backlogs?

Given the bill relies on CPIC to detect new convictions, outstanding charges, or investigations to pause automatic expiry, what safeguards and data-quality checks will ensure records do not expire in error due to incomplete police reporting, and how will the 30-day notification requirement be enforced?

Can the government confirm that vulnerable sector checks will continue to flag relevant expired records for positions of trust involving children and seniors, and explain the evidence supporting the uniform 5-year and 2-year waiting periods for serious offences in light of public safety and recidivism data?

Principles Analysis

Canada should aim to be the world's most prosperous country.

By clearing records automatically, more rehabilitated Canadians can work, rent, and contribute economically, which supports prosperity and reduces recidivism-related costs.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

Replaces a costly, paperwork-heavy pardon process with automatic expiry and fee-free reviews, removing red tape that traps people in unemployment and poverty.

Drive national productivity and global competitiveness.

Improves labour market participation and hiring flexibility by reducing background-check friction for rehabilitated individuals, modestly lifting productivity.

Grow exports of Canadian products and resources.

No direct linkage to exports; any effect is indirect via broader workforce participation.

Encourage investment, innovation, and resource development.

Indirectly helps employers access a wider talent pool but does not directly target investment or innovation policy.

Deliver better public services at lower cost (government efficiency).

Automating expiry should reduce Parole Board caseloads and processing overhead; while fee revenue is removed, administrative savings and fewer manual decisions likely lower system costs.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax provisions are changed.

Focus on large-scale prosperity, not incrementalism.

Shifts Canada from discretionary pardons to system-wide automatic expiry, potentially benefiting a large share of the population with records and meaningfully expanding the effective labour force.

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Email [email protected]

PartySenate
StatusAt second reading in the Senate
Last updatedMay 28, 2025
TopicsCriminal Justice
Parliament45