Information for British Columbia and Ontario residents applying for a record suspension
Recent court decisions in B.C. and Ontario have impacted the way in which record suspension applications may be processed.
In response to the court decisions, changes made to the Criminal Records Act (CRA) in both 2010 and 2012 will no longer be applied retroactively for individuals currently living in B.C. or in Ontario. As a result, applications will be processed according to the legislative requirements in the applicable version of the CRA.
Frequently Asked Questions
Who is impacted by these court decisions?
Applicants currently residing in B.C. or in Ontario may be impacted by these court decisions.
I committed my offence(s) in B.C./Ontario but now live in a different province. Am I impacted by these court decisions?
No, only current B.C. and Ontario residents are impacted by these two court decisions, as the decisions only have jurisdiction in those two provinces.
Applicants who currently live outside B.C. and Ontario will continue to be processed under the current Criminal Records Act, regardless of where the offence occurred.
I live in B.C./Ontario now, but committed my offence(s) in a different province. Am I impacted by these court decisions?
Yes, individuals currently living in B.C. or in Ontario may be impacted by these court decisions, regardless of where in Canada they committed their offence(s).
How do I know which version of the Criminal Records Act (CRA) applies to me?
Using the date of your most recent offence as a starting point, you can determine if and when you may be eligible to apply using our eligibility tool.
What do I need to do if I am a resident of B.C. or Ontario and I applied for a record suspension before the court rulings?
If you have already applied for a record suspension, you do not need to do anything.
If it is determined that your application can be evaluated as a pardon, the Parole Board of Canada will automatically process your application in this manner; you do not need to re-apply. The Board will communicate with applicants directly, as needed.
Do B.C./Ontario residents need to use a different application guide or forms to apply?
No. At this time, applicants who currently reside in B.C. or Ontario must continue to use the existing Record Suspension application guide and forms.
While PBC’s application forms require information about your conviction date(s), your application will be assessed based on your most recent offence date. If you know the date of your most recent offence, please include it with your application package. If you do not know this date, PBC will try to find it. If needed, PBC will adjust how your application is processed in order to match the appropriate legislation, as outlined in this tool.
Is the user fee for applying for a record suspension being reduced?
The user fee remains $631 for all applicants.
What is the service standard for processing pardon/record suspension applications from B.C. or Ontario residents?
Applications will be processed by the Parole Board of Canada in accordance with the following service standards:
- Applications seeking a pardon/record suspension for (a) summary offence(s) will be processed within 6 months of application acceptance.
- Applications seeking a pardon/record suspension for (an) indictable offence(s) will be processed within 12 months of application acceptance.
For applications where the Board is proposing to refuse a pardon/record suspension, it can take up to 24 months for a final decision to be made. If a proposal to deny is being recommended in your case, you will be advised of this in writing by the PBC.
How can I get more information?
For more information, you can contact the Parole Board of Canada by email at: email@example.com or by phone at: 1-800-874-2652 (toll-free) – 8:00 a.m. - 6:00 p.m. (EDT), Monday-Friday.
Please note that the Parole Board of Canada cannot confirm eligibility over the phone, as all documents must first be reviewed.
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