This is the official nationwide website of the A+ BBB (Ottawa) Accredited Pardon Applications of Canada Ltd. (“PAC”). This document outlines the Terms and Conditions unconditionally effective in application to the use of this official website and any products, services, or information (“Services”) available or advertised on the PAC website. By using this website or any of the products or services, you (“You” or the “Applicant”) agree, without limitation or qualification, to be bound by all terms and conditions and any other alternative or additional terms, conditions, rules, or policies (“Terms and Conditions”) of use or conduct contained within this document relating to the use of this website. Applicant is aware that PAC reserves full rights to change, modify, add, remove, or update any content within this document or website in its entirety from time to time, at its sole discretion. Review this document regularly as continued use of PAC services and/or website constitutes full acceptance to all terms and conditions herein. If Applicant does not agree to the terms and conditions outlined in this document, Applicant must not use this website or any products or services available or offered by PAC.
PAC is A+ Accredited via the Better Business Bureau (Ottawa) and uses RCMP Accredited fingerprints in each application process. Fingerprints are completed at registered RCMP detachments and third-party RCMP accredited services.
Policies and Information
Pardon (Record Suspension) Approval Guarantee and Limitations
PAC guarantees approval of a Canadian Pardon (Record Suspension) to all eligible applicants upon opening a file with PAC and paying, in full, including any re-activation or penalty fees, the appropriate fees. However, the guarantee is limited to the eligible applicant meeting each one of the following conditions, without exception:
- official RCMP criminal record search must reveal strictly summary convictions, and zero indictable convictions;
- hybrid offences must have been prosecuted summarily, which must be so indicated via verifiable court documents;
- must not have been convicted of any sexual offences or related sexual convictions of any type, even if the sexual conviction is classified as a summary sexual offence;
- applicants must have provided clear and accurate information to their PAC file representative during an initial phone consultation without omitting, withholding or amending any relevant information which could result in an unsuccessful application, whether it was intentional or not;
- all payments must have been received according to the agreed upon Terms and Conditions outlined within this document;
- no payments shall have been received late, missed, declined, or charged-back;
- eligibility requirements must be met at the time of signing up for PAC’s services, otherwise the file will be on hold with no refund and will be resumed when eligibility is met, at which time the guarantee will be resumed as long as all other outlined conditions are met;
- any law changes which come into effect after signing up for any PAC service, which may influence the possible outcome of the application, immediately negates and removes the guarantee. PAC is not liable for unsuccessful applications resulting from any law changes to which it had no control;
- should the RCMP criminal record search reveal no criminal record on file, the guarantee does not stand and no refund will be issued;
- if applicant chooses to terminate the application for any reason.
Applicant Submission Form (ASF) & Optional Additions
Applicants are required to submit to PAC (via fax, email scan, mail, or digital authorization) an Applicant Submission Form (ASF) within fifteen (15) days upon activating a file. Receipt of the ASF authorizes PAC to immediately initiate work on the applicant’s behalf and constitutes full acceptance of the Terms & Conditions of the applicant’s agreement herein including the applicant’s complete and entire payment schedule and payment commitment (if applicable). Optional additions selected on the ASF will be billed according to the applicant’s payment method on file, with a receipt and confirmation of the addition provided by PAC within 48 business hours. Once ordered, optional additions may be cancelled but are non-refundable. Service or product related to optional additions begin immediately except for the digital transcript(s) which are included in the applicant’s final completed application process.
Pardon Qualification, Wait Periods & Pardon Eligibility Requirements
In cases where applicants purposely or mistakenly provide to PAC incorrect background information, incorrect conviction or restitution/fine payment dates, or if police and/or court records acquired by PAC on behalf of the applicant indicate an issue with the eligibility requirements for a Pardon as per the Criminal Records Act of Canada, a wait period may be required causing the Pardon application to be placed on hold or the eligibility of a Pardon for the applicant may be temporarily or permanently affected. PAC has no opportunity to know this information in advance upon the applicant’s initial phone consultation and is not responsible for the resulting legal wait period, if applicable. Wait periods and Pardon eligibility requirements are denoted solely by the Criminal Records Act of Canada to which PAC governs its application process. In such cases, a Pardon applicant may be notified of a resulting wait period and have its file placed on Dormancy until such time as the wait period nears or reaches expiration.
Free Application Confirmation Letter
Immediately upon activating a file with payment and upon submission of and processing of applicant’s ASF, applicant may request one (1) Confirmation Letter on PAC letterhead without fee. Confirmation Letter is written confirmation that PAC has opened a file and undertaken a specific application for the applicant but is not intended to suggest confirmation of approval for such application nor does it guarantee any benefit toward employment, travel or otherwise. Applicants may request more than one Confirmation Letter so long as the file is in good standing.
There is no fee to transfer an application (for example, changing application from a U.S. Entry Waiver to a Canadian Pardon) within the first seven (7) days upon activation of any file. After seven (7) days, transferring from one application to another is subject to a $150.00 (includes tax) transfer fee. Applicant remains responsible for any additional disbursements, fingerprint fee, or government submission not already completed for the new application. Transfer fee must be paid in full by applicant prior to the transfer.
Automatic Billing & Payment Methods
PAC automatically bills regular scheduled monthly program payments which are communicated well in advance to applicant. Automatic billing is an important aspect of each application to ensure that processing is not delayed, and timelines are not missed in work completed by PAC, which could otherwise affect the quality and accuracy of PAC’s work. In addition to regular scheduled monthly service payments, applicant authorizes PAC in advance to automatically bill 3rd Party Costs assuming these additional costs have been communicated to applicant with at least four (4) weeks notice. PAC agrees to provide a detailed explanation of each billing and an immediate receipt issued via email or mail, and to process the payment via the applicant’s already authorized payment method on file. Applicant retains the option of cancelling automatic billing by informing PAC via email, fax, or phone. In this case, future billings are invoiced to the applicant and work immediately ceases on the file until the invoiced amount is paid in full. Note that cancelling automatic billing does not affect the applicant’s already agreed upon monthly payment program, if applicable, which will be billed automatically regardless of applicant’s automatic billing status. Primary payment methods on file will always be used first toward the automatic billing of costs and fees as per applicant’s agreement. In the case of an overdue or suspended account due to non-payment, secondary payment methods are subject to automatic billing to fulfill the applicant’s agreement and avoid non-payment procedures. Applicant agrees that in the case of non-payment using a primary payment method, the secondary payment method (if available) may be instituted as the primary payment method. However, secondary payment methods will not be subject to automatic billing if the applicant has cancelled automatic billing as per above.
There are two (2) types of cancellation requests: 1) the Change of Heart Cancellation Request (COH) for files that have been active for less than 48 business hours and 2) Cancellation Request Form (CRF) for files that have been active for longer than 48 business hours. For Change of Heart Cancellation Request (COH) within 48 business hours, applicant agrees that there is no cancellation fee, and applicant will receive a full refund of any payment(s) made to PAC, less $80.00 administration fee, to the file’s primary payment method on file within 48 business hours, if available, otherwise a refund cheque will be mailed within 4-6 weeks. For Cancellation Request Form (CRF) after 48 business hours, applicant agrees that there is no cancellation fee and any remaining balance due from applicant to PAC will be waived. Applicant further agrees that upon cancellation, no refund will be issued by PAC for any payment(s) already completed, for any reason, and that applicant immediately forfeits ownership of all completed work, relevant legal documents and/or items submitted by applicant to PAC related to the file, and that PAC may archive or destroy this work/documents at its sole discretion.
Cancellation or Dormancy of File Due to New Criminal Charge(s)
Should applicant obtain a new criminal charge(s) after the activation of their file with PAC, during the applicant process, the entire file may be suspended, cancelled or subject to Dormancy pending full resolution of the charge(s) including a new legal wait period, if applicable. If PAC offers applicant the opportunity to maintain the file, all charge(s) and court-imposed outcomes must be fully resolved, at which time, PAC will analyze the appropriate next steps for the applicant’s file.
Documentation, File & Intellectual Property Ownership
PAC holds absolute right and ownership of all documentation, contents, transcripts & digital property related to a file until the account is paid in full or applicant cancels the file by following appropriate procedures. Otherwise, applicant forfeits any rights to certified documents, fingerprints received, information processed, digital or written transcripts, information and/or any other work completed by or submitted to PAC prior to cancellation/closure.
CDR, Government Filing/Submission Fees & Potential 3rd Party Disbursements Not Included in Base Service Fee
PAC’s service fee includes all actual legal work associated with the preparation, processing, and servicing of applicant’s file for any and each application. The service fee does not include additional disbursements which are entirely applicant’s responsibility and will be itemized and billed according to the existing payment method on file. A fully transparent, detailed, and thorough Criminal Record Disbursement Report (CDR) will be emailed and/or mailed to applicant clearly itemizing these additional disbursements which may be billed depending on the number of specific court dispositions, number of convictions, number of non-conviction criminal charges, number of required local police record checks, government filing fees and optional recommended services. PAC’s service fees may not include applicable government submission fees such as the Homeland Security submission fee (currently $585 USD, subject to change by U.S. government without notice) for U.S. Entry Waiver applications and/or Parole Board of Canada submission fee (currently $50.00, subject to change by Canadian government without notice) for Canadian Pardon applications. Applicant is entirely responsible for government submission fees (if applicable) or the difference in the fees should the fee increase during the applicant process. Disbursements are itemized in good faith via the CDR, however, in the unlikely event that a disbursement paid by applicant is no longer used or required throughout the duration of applicant’s file, no refund or credit will be issued. Failure to pay additional disbursements may result in applicant’s file being placed on Dormancy or closed.
Non-Compliance of Required Applicant Responsibilities
PAC reserves the right to close a file after a minimum six (6) months period in which applicant fails to communicate to PAC, fails to complete fingerprinting, fails to honor agreed upon payment(s), fails to return documents or any other missed deadline or missed responsibility by the applicant which causes PAC increased administration or consulting. Re-activation of the file may be offered by PAC at its sole discretion with a re-activation fee, if applicable.
File Hold Option
Applicant may place entire file with PAC on “Hold” for a fee of $12.50 (includes tax) each Friday of each week. During the Hold period, any agreed upon payments due and ongoing work are suspended until the file is re-activated from Hold or cancelled.
Dormancy (Monthly or Weekly)
Dormancy may be applied by PAC to a file which is unable to progress toward its next phase or level of service due to a legal wait period, overdue billing, or an incomplete applicant responsibility after a minimum of one hundred (100) calendar days following issuance of instructions via email, phone and/or mail. There are two (2) types of Dormancy which can be applied at the discretion of PAC which is Monthly Dormancy (MDCY) or Weekly Dormancy (WDCY). MDCY is typically applied in cases where a Pardon application file is on hold due to a legally required wait period as per the Criminal Records Act. WDCY is typically applied to all other cases. During a file’s Dormancy Period for WDCY, applicant is automatically billed $12.50 every Friday of each week via the applicant’s payment method on file for ongoing administration and to uphold a basic service level of the file. During a file’s Dormancy Period for MDCY, applicant is automatically billed $12.50 on the 1st of each month via the applicant’s payment method on file for ongoing administration and to uphold a basic service level of the file. A file cannot be placed on both MDCY and WDCY. Whether MDCY or WDCY, Dormancy continues indefinitely until the required legal wait period, overdue payment or applicant responsibility is resolved or the file is cancelled. PAC reserves the right to apply or not to apply Dormancy to a file, depending on service needs, billing status and other factors. If any Dormancy payment is declined or dishonored, the file may be immediately closed by PAC with a minimum 30-day re-activation period and subject to a re-activation fee. Receipts for all/any Dormancy payments throughout the history of a file can be requested by the applicant to PAC at any time.
Dishonored Applicant Agreements
Applicants who dishonor the agreed upon terms & conditions of their Applicant Agreement and/or fail to complete the entirety of their agreed upon payment commitments, may be subject to closure of their file, submission to collections, and/or a legal claim by PAC to recover the dishonored commitment. In cases where applicant requests to cancel their signed Applicant Agreement and payment commitments, the CRF cancellation procedure applies including the resulting cancellation fee, if applicable.
PAC, its Officers, employees, or affiliates do not tolerate abusive, offensive, or threatening language in any manner whatsoever. This includes inappropriate and/or vulgar language, threatening words via phone or email, or any other abusive or unprofessional behavior. Applicants who make legal threats, reputation defamation or any other form of threatening action will have their file immediately suspended and forwarded to a Legal Compliance Department without prejudice. No service will be continued or offered, nor refund issued while a file is suspended for applicant abuse. Further abuse from the applicant may result in the initiation of harassment complaints to authorities. However, should the applicant agree to demonstrate the ability to accept agreed upon service in a professional manner, the file may be reactivated, and service resumed. Alternatively, PAC retains the right to close the file with all relevant documentation and/or work completed returned to the applicant and no refund of service issued.
Assignment and Inurement
Use of PAC’s services are personal to applicant, and applicant may not assign rights or obligations to anyone. All applicable obligations of the applicant to pay fees to PAC for services provided shall ensure to the successors and legal representatives of the applicant.
Use of Website Agreement
These Terms and Conditions constitute the entire agreement between PAC and applicant pertaining to applicant’s use of this PAC website. PAC’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.
Limitations of Liability
Applicant expressly understands and agrees that in no event shall PAC, including its affiliates and licensors, directors, employees, volunteers, subsidiaries, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether PAC had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with a) the use, inability to use or performance of any of the services of this PAC site, or b) any unauthorized access to or modification to any of applicant’s content or transmissions, or c) any other matter relating to this PAC site or any of the services. PAC further disclaims all liability for any consequences that may arise from any authorized reproduction, access or use of the website or its content. In no event will PAC be liable for damages or losses resulting from viruses, data corruption, communication interception, work delays, lost profits, failed messages, arising as a result of transmission errors or problems, telecommunications service providers, PAC’s contractors, third-party suppliers of products or services, damages or losses caused by you or your respective agents or other events beyond the control of PAC. Ensuring that your data and/or equipment used in connection with your use of the website and its content is adequately protected is entirely your responsibility. Any representations, warranties or covenants with respect to any services referred to in the website shall be subject to, governed by, and as stated in the applicable terms governing the provision of the same. Applicant expressly acknowledges that PAC has entered into this agreement, and has and will make this PAC site, content and services available to applicant in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between applicant and PAC. Applicant expressly agrees that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Exclusion and Disclaimer of Warranties
PAC makes no representation or warranty regarding the functionality, good working order or condition of the website, its suitability for use, or that its use, or any information or material including any downloadable software, accessed from or through the website will be uninterrupted or error-free. PAC does not represent, warrant, or undertake that any errors or omissions on or relating to the website will be corrected or that any server from which the website is operated is or will be free from viruses or other harmful components. The website is provided on an “as is” and “as available” basis and PAC does not make or give any representation, warranty or condition of any kind whether express or implied, written or oral, statutory or otherwise, including without limitation: (i) warranties as to uninterrupted or error free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of information or results obtained from the use of information provided on the website; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in these terms. Use of the website and its content is entirely at your own risk. PAC shall not be responsible for any detrimental reliance you may place on the website or its content. The information provided on the website and its contents is for information purposes only and is not intended to provide specific advice of any kind, including without limitation legal or immigration advice. It should not be relied upon in that regard, and any reliance on your part in that respect is solely your own risk.
PAC reserves the right, in its sole discretion, to add to, remove, modify, or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly noted herein, changes will be effective when notice of such change is posted on this PAC site. Please check these Terms and Conditions regularly for updates. If any change is not acceptable to applicant, applicant must discontinue use of this PAC site and any service immediately. Applicant’s continued use of this PAC site, or any of the services after such changes are posted will constitute acceptance of those changes. Further, PAC reserves the right to change, modify, suspend, or discontinue any aspect of this site, services, or content from time to time without notice or liability and for any reason whatsoever.
Applicant agrees to defend, indemnify, and hold harmless Pardon Applications of Canada, its respective officers, directors, employees, agents, including all third parties mentioned on a PAC site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: a) applicant’s breach of any of these Terms and Conditions; b) applicant’s access to or use of a PAC site, Services, or content or c) applicant’s use of reliance or, or publication, communication, or distribution of anything on or from a PAC site or though any of the Services. Applicant will use best efforts to cooperate with PAC in the defense of any such claim. PAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by applicant.
Intellectual Property Rights
Material on this website, including but not limited to text, data, wallpaper, icons, images, illustrations, audio clips, video clips, surveys, information, artwork, graphics, music, software, and special promotions, (collectively the “Content”) (through license or otherwise), is owned and controlled by PAC, and PAC does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform, distribute, decompile, reverse engineer, disassemble, create derivative works from software which forms part of the Content or otherwise use any part of the Content in any manner whatsoever without the prior written consent of PAC or the applicable third party or except as specifically permitted on this website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement of PAC’s rights will result in appropriate legal action. Trademarks, logos, and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks which are the property of PAC or other third parties. The display of these Marks on this website does not imply that a license or right of any kind has been granted. You are not permitted to use or display any of these Marks without the prior written consent of PAC or the applicable third party. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, PAC authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes, the Content is not to be altered, redistributed, published, broadcast, or copied and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices.
Links to Other Sites
From time to time and for your convenience only, this website may contain links to other websites that are entirely independent of PAC and this website and are otherwise owned and operated by independent bodies. These website links are provided as a convenience only. If you decide to visit such websites, you do so at your own risk. PAC has not reviewed and does not guarantee the accuracy of information contained on such websites and PAC disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, content, products, services, or information found on any linked website. The use of such links on this website does not constitute in any manner a reflection on, affiliation with, or endorsement by PAC of any such website or entity or its respective information, products or services and PAC makes no representations or warranties, express or implied, concerning any products, services, information, or security of the information found on any linked websites and you hereby irrevocably waive any claim against us with respect to such sites. It is up to you to take precautions to ensure that whatever you select for your use if free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. In no event will PAC be liable to any party for any direct, indirect, special, or other consequential damages for any use of any hyperlinked website, including, without limitation, any lost profits, business interruption, lost programs, or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Notwithstanding anything else under these terms and conditions, as the internet is not a secure medium, the privacy of your communications cannot be guaranteed. The nature of internet communications means that your use of this website and communications to PAC, either through this website, email or otherwise, may be susceptible to data corruption, unauthorized access, interception, and delays.
Your use of this website and these terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada without regard to the conflicts of laws principles thereof. You acknowledge that you have full legal capacity to use this website in accordance with the foregoing. By using this website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with all applicable local laws. In addition to complying with these terms, you agree to use the website for lawful purposes only and in a manner consistent with local, national, or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
In cases where applicant has authorized a minor to use this PAC site, or any of the Services, applicant recognizes that applicant remains fully responsible for: a) the online conduct of such minor; b) controlling the minor’s access to and use of this PAC site or any of the Services; and c) the consequences of any misuse by the minor. Applicant acknowledges that some of the areas of this PAC site may contain material that is inappropriate for minors.
Applicant acknowledges and agrees that PAC, in its sole and absolute discretion, may, without notice to applicant, suspend or terminate applicant’s account or applicant’s use of, or access to, this PAC site or any of the Services, and remove and discard any information or content related to this PAC site or any of the services and applicant’s use thereof, for any reason, including where PAC believes that applicant has violated any of these Terms and Conditions. Applicant further agree that PAC shall not be liable to applicant or any other person because of any such suspension or termination. If applicant is not satisfied with this PAC site, or any of the Services or with any Terms and Conditions, rules, policies, guidelines, or practices of PAC in operating this PAC site or any of the services, applicant’s sole and exclusive right and remedy is to immediately discontinue using this PAC site or any of the Services.
Superseding Terms & Conditions for Services
Notwithstanding anything else set out in these terms and conditions where PAC provides you with any additional communications, including but not limited to documentation, terms, conditions, emails, and or forms in relation to the services of PAC (the “Additional Terms”), the terms of service such most recently provided in such Additional Terms shall supersede anything else set out in the terms and conditions set out on this website, where there is a conflict between such Additional Terms and the terms for service found on this website.