When an applicant for a Canadian federal Record Suspension passes away, the Parole Board of Canada (PBC) will administratively close the file. The CPIC criminal record remains active, but families can submit a death certificate to the RCMP to update the federal database.
Dealing with the loss of a loved one is incredibly difficult, and managing their ongoing administrative and legal affairs can add unnecessary stress to grieving families. If your family member was in the process of applying for a federal Record Suspension (formerly known as a pardon) in Canada, you might be wondering what happens to their pending application.
Generally, Canadian law dictates that legal proceedings and administrative applications involving an individual are halted upon their passing. The federal government, specifically the Parole Board of Canada (PBC) and the Royal Canadian Mounted Police (RCMP), have specific protocols for handling these sensitive situations.
Step-by-Step Process in Canada
Whether the deceased applicant lived in Toronto, Calgary, or Vancouver, the process of handling a deceased person’s federal Record Suspension application remains standard across the country. Because this is a federal matter governed by the Criminal Records Act, the steps involve national agencies rather than provincial courts.
Step 1: Obtaining the Official Proof of Death
Before you can notify any federal agency, you must secure an official death certificate. This document is typically issued by the vital statistics agency of the province where the individual passed away.
You will need original copies or notarized copies of the death certificate. Funeral homes usually provide these shortly after their services. Ensure you have enough copies, as various institutions, including the Canada Revenue Agency (CRA) and Service Canada, will also require them.
Step 2: Notifying the Parole Board of Canada (PBC)
If the applicant had already mailed their Record Suspension package and paid the $50 CAD processing fee, you should contact the PBC to inform them of the applicant’s passing. You can write a brief letter explaining the situation and include a copy of the death certificate.
Once the PBC receives this notification, they will administratively close the application file. They do not continue processing a Record Suspension for a deceased individual, as the primary purpose of a record suspension is to assist living individuals with employment, travelling, and reintegration into society. 📍
Step 3: Updating the RCMP and CPIC
The Canadian Police Information Centre (CPIC) is the national database that holds criminal records. When a person passes away, their criminal record does not automatically disappear. To ensure the RCMP updates the individual’s file to reflect their passing, the family or the estate executor should send a copy of the death certificate to the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS).
Updating this federal database helps prevent future identity theft and ensures that all federal files, including those linked to fingerprints and past summary conviction or indictable offence charges, are accurately archived.
Step 4: Managing Leftover Legal Matters
If the deceased was working with a local lawyer or a Canadian law firm to prepare their application, the executor of the estate should notify the firm. The legal professionals will close their internal files and stop any ongoing billing.
Additionally, if the applicant was also dealing with other federal matters, such as pending immigration issues with IRCC or tax assessments with the CRA, the executor must formally notify these agencies as well. 📄
How Much Does it Cost in Canada?
When handling the cancellation or closure of a Record Suspension application due to death, families often wonder about the financial implications and potential refunds.
- PBC Processing Fee: The standard application fee is currently $50 CAD. Unfortunately, if the PBC has already begun processing the application, this fee is generally non-refundable.
- Lawyer Fees: If a law firm was retained, the estate is only responsible for the legal fees incurred up to the date of passing. Many empathetic law firms will waive minor outstanding balances in these tragic circumstances.
- RCMP Updates: There is no federal government fee to update a CPIC record with a death certificate.
- Provincial Certificates: Ordering additional death certificates from a provincial vital statistics office typically costs between $15 and $40 CAD per copy, depending on the province.
| Expense Type | Estimated Cost (CAD) | Refundable? |
|---|---|---|
| PBC Application Fee | $50.00 | Generally No |
| Law Firm Retainer | Varies (e.g., $500 – $1,500) | Partial, for unbilled hours |
| Death Certificate Copy | $15.00 – $40.00 | No |
How Long Does the Process Take?
In Canada, updating federal administrative files takes time. If you mail a death certificate to the Parole Board of Canada and the RCMP, it may take 4 to 8 weeks for their internal systems to be fully updated.
However, from the family’s perspective, once the notification is sent, your active responsibilities regarding the Record Suspension are complete. You do not need to follow up repeatedly unless requested by the executor for estate settlement purposes. ⏱
Frequently Asked Questions (FAQ)
Does a criminal record automatically delete when someone dies in Canada?
No, the CPIC record is not automatically deleted. The family must notify the RCMP and provide a death certificate so the file can be appropriately marked and archived in the federal database.
Will the $50 PBC application fee be refunded to the estate?
Generally, no. Once the Parole Board of Canada begins administrative work on a file, the $50 CAD processing fee is considered consumed. However, if the payment was never processed by the Receiver General, the funds remain with the estate.
Do we need to hire a lawyer to close the Record Suspension file?
No, hiring a lawyer is not mandatory to close the file. The executor of the estate or an immediate family member can notify the PBC directly by mailing a letter and a death certificate.
What happens if we do not notify the PBC?
If the PBC is not notified, they may continue processing the file. Eventually, they will attempt to contact the applicant for further information. When they receive no response, the application will eventually be abandoned and closed administratively.
Is a Record Suspension still granted posthumously?
No. Record suspensions are designed to assist living individuals with employment, travelling, and housing. The PBC does not grant record suspensions posthumously; they simply close the file.
Leave a Reply