Introduced in 2021, Bill C-31 proposed sweeping changes to the Criminal Records Act, most notably aiming to reduce the mandatory wait time for summary convictions back to 3 years. While the Bill died on the order paper, its framework drove the current push for accessible pardons and the implementation of the $50 application fee.
For Canadians with a minor criminal record—such as a simple assault, petty theft, or mischief—waiting five long years to apply for a Record Suspension can feel like an excessive punishment. These minor crimes, legally known as summary convictions, often occur during a person’s youth. Yet, the resulting criminal record can block career advancements, housing applications, and international travel well into adulthood.
In an effort to fix the overly punitive system established in 2012, the federal government introduced Bill C-31 (the Reducing Barriers to Reintegration Act). This piece of legislation aimed to completely overhaul how minor offences are treated by the Parole Board of Canada. 🔍 Although an election interrupted the passing of the Bill, its principles have heavily influenced how criminal lawyers in Saskatoon, Hamilton, and Surrey navigate the pardoning system today. This guide reviews the core changes Bill C-31 sought to implement and how you can handle your minor offences right now.
Step-by-Step Process: Navigating Minor Offences in Canada
Even without the full passage of Bill C-31, the environment at the Parole Board of Canada has become much more favourable toward rehabilitating individuals with summary convictions. Here is how you should approach clearing your minor record today.
Step 1: Classifying Your Offence (Summary vs Indictable)
The first step is determining the severity of your charge. In Canada, offences are split into two main categories: summary convictions (minor) and indictable offences (serious). Bill C-31 was primarily designed to help those with summary convictions. You must obtain your court records to confirm exactly how the Crown Prosecutor proceeded with your specific charges, as this dictates your legal wait time.
Step 2: Calculating Your Waiting Period
Currently, the law requires you to wait 5 full years from the exact date you completed your entire sentence (including probation and parole) for a summary conviction. Bill C-31 attempted to reduce this wait time down to 3 years to allow rehabilitated individuals to rejoin the workforce faster. Until new legislation officially passes, you must adhere to the 5-year rule for modern summary convictions.
Step 3: Handling Unpaid Fines and Restitution
One of the most frustrating rules in the current Criminal Records Act is that your 5-year waiting period does not start until your fines are paid in full. If you finished your probation in 2018 but forgot to pay a $200 victim surcharge until 2023, your wait time restarts from 2023. Bill C-31 specifically proposed eliminating this harsh rule, arguing that poverty should not delay a pardon. However, under current active law, you must ensure all fines are paid immediately. 💰
Step 4: Submitting the Application for a Record Suspension
Once you have met your waiting period, you will gather your RCMP fingerprints, local police checks, and court records. Because your offence is a summary conviction, the Parole Board handles these files with higher priority. You will submit your final application package and wait for the official sealing of your criminal history.
How Much Does a Summary Conviction Pardon Cost?
While Bill C-31 aimed to fix wait times, subsequent administrative changes successfully tackled the cost issue, dropping the federal processing fee significantly.
| Pardon Expense | Current Cost in Canada (CAD) |
|---|---|
| Parole Board Application Fee | $50.00 (Standard across Canada) |
| RCMP Fingerprinting | $50.00 to $85.00 |
| Provincial Court Document Requests | $20.00 to $100.00 |
| Local Police Check | $50.00 to $100.00 |
How Long Does the Process Take?
If you have a summary conviction, the Parole Board of Canada is legally mandated to process your Record Suspension application within 6 months of receiving your completed package. ⏳ This is significantly faster than the 12-month processing time required for major indictable offences. Remember to add an extra 3 to 6 months to this timeline to account for the time it takes to physically gather the required documents from the courthouses.
Frequently Asked Questions (FAQ)
Did Bill C-31 officially become law in Canada?
No. Bill C-31 was introduced in the House of Commons in June 2021 but died on the order paper when the federal election was called. However, its core proposals continue to heavily influence ongoing debates for criminal justice reform.
Can I apply for a pardon after 3 years right now?
Generally, no. Unless your summary conviction occurred prior to the 2012 Harper-era changes, the current active law requires you to wait 5 full years after the completion of your sentence before you can apply.
Did Bill C-31 address the 3+ indictable offence rule?
Yes. Bill C-31 proposed removing the strict ban that prevented individuals with more than three indictable offences (each carrying a prison sentence of two years or more) from ever obtaining a pardon. Advocates argue this rule unfairly punishes lifelong rehabilitation.
Does a summary conviction show up on a background check?
Yes. Even though summary convictions are minor, they are still federal criminal convictions. They will appear on standard CPIC criminal background checks requested by employers or landlords until you successfully obtain a Record Suspension.
Do I need a pardon for an absolute discharge?
No. If you received an absolute discharge for a minor offence, it is not considered a conviction. Under Canadian law, an absolute discharge is automatically purged from the CPIC system after 1 year. You do not need to pay the $50 fee or submit an application.
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