Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
This Act may be cited as the Corrections and Conditional Release Act.
Institutional and Community Corrections
Interpretation
In this Part,
Commissioner means the Commissioner of Corrections appointed pursuant to subsection 6(1); (commissaire)
contraband means
an intoxicant,
a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization,
an explosive or a bomb or a component thereof,
currency over any applicable prescribed limit, when possessed without prior authorization, and
any item not described in paragraphs (a) to (d) that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization; (objets interdits)
day parole has the same meaning as in Part II; (semi-liberté)
inmate means
a person who is in a penitentiary pursuant to
a sentence, committal or transfer to penitentiary, or
a condition imposed by the Parole Board of Canada in connection with day parole or statutory release, or
a person who, having been sentenced, committed or transferred to penitentiary,
is temporarily outside penitentiary by reason of a temporary absence or work release authorized under this Act, or
is temporarily outside penitentiary for reasons other than a temporary absence, work release, parole or statutory release, but is under the direction or supervision of a staff member or of a person authorized by the Service; (détenu)
institutional head, in relation to a penitentiary, means the person who is normally in charge of the penitentiary; (Version anglaise seulement)
intoxicant means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or meet the ordinary demands of life, but does not include caffeine, nicotine or any authorized medication used in accordance with directions given by a staff member or a registered health care professional; (substance intoxicante)
long-term supervision means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i) of the Criminal Code; (surveillance de longue durée)
Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)
offender means
an inmate, or
a person who, having been sentenced, committed or transferred to penitentiary, is outside penitentiary
by reason of parole or statutory release,
pursuant to an agreement referred to in subsection 81(1), or
pursuant to a court order; (délinquant)
parole has the same meaning as in Part II; (libération conditionnelle)
penitentiary means
a facility of any description, including all lands connected therewith, that is operated, permanently or temporarily, by the Service for the care and custody of inmates, and
any place declared to be a penitentiary pursuant to section 7; (pénitencier)
prescribed means prescribed by regulation; (Version anglaise seulement)
provincial parole board has the same meaning as in Part II; (commission provinciale)
sentence means a sentence of imprisonment and includes
a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and
a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; (peine ou peine d’emprisonnement)
Service means the Correctional Service of Canada described in section 5; (Service)
staff member means an employee of the Service; (agent)
statutory release has the same meaning as in Part II; (libération d’office)
unescorted temporary absence has the same meaning as in Part II; (permission de sortir sans escorte)
victim, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence; (victime)
visitor means any person other than an inmate or a staff member; (visiteur)
working day means a day on which offices of the federal public administration are generally open in the province in question. (jour ouvrable)
Except as otherwise provided by this Part or by regulations made under paragraph 96(b),
powers, duties and functions that this Part assigns to the Commissioner may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and
powers, duties and functions that this Part assigns to the institutional head may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.
For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:
the victim’s spouse, or if the victim is dead, their spouse at the time of death;
the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;
a relative or a dependant of the victim;
an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and
an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.
For the purposes of this Act, an individual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.
A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 3, 4, 23 to 27, 55 and 56, subsections 57(2) and 66(3), sections 68, 69, 76, 77 and 79 to 82, paragraph 87(b) and sections 90 and 91 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.
Purpose and Principles
The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by
carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and
assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.
The protection of society is the paramount consideration for the Service in the corrections process.
The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:
the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;
the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;
the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act;
offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted;
the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;
correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;
correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;
offenders are expected to obey penitentiary rules and conditions governing temporary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and
staff members are properly selected and trained and are given
appropriate career development opportunities,
good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and
opportunities to participate in the development of correctional policies and programs.
Correctional Service of Canada
There shall continue to be a correctional service in and for Canada, to be known as the Correctional Service of Canada, which shall be responsible for
the care and custody of inmates;
the provision of programs that contribute to the rehabilitation of offenders and to their successful reintegration into the community;
the preparation of inmates for release;
parole, statutory release supervision and long-term supervision of offenders; and
maintaining a program of public education about the operations of the Service.
The Governor in Council may appoint a person to be known as the Commissioner of Corrections who, under the direction of the Minister, has the control and management of the Service and all matters connected with the Service.
The national headquarters of the Service and the offices of the Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.
The Commissioner may establish regional headquarters of the Service.
Subject to subsection (3), the Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act, or any hospital, to be a penitentiary in respect of any person or class of persons.
Subject to subsection (3), the Governor in Council may, by order, declare any place to be a penitentiary.
No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) without the approval of an officer designated by the lieutenant governor of that province.
In any proceedings before a court in Canada in which a question arises concerning the location or description of lands alleged to constitute a penitentiary, a certificate purporting to be signed by the Commissioner, setting out the location or description of those lands as constituting a penitentiary, is admissible in evidence and, in the absence of any evidence to the contrary, is proof that the lands as located or described in the certificate constitute a penitentiary.
For greater certainty, a person who is an inmate by virtue of subparagraph (b)(ii) of the definition “inmate” in section 2 shall be deemed to be in the lawful custody of the Service.
The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of
an offender subject to a warrant or to an order for long-term supervision; and
any person, while the person is in a penitentiary.
Reception of Inmates
A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary, and any designation of a particular penitentiary in the warrant of committal is of no force or effect.
Where a person who is sentenced, committed or transferred to penitentiary is at large without lawful authority before the expiration of the sentence according to law and where no alternative means of arrest are available, the institutional head may, by warrant, authorize the apprehension and recommitment of the person to custody in a penitentiary.
In order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.
The institutional head may refuse to receive a person referred to in section 12 into the penitentiary if there is not a certificate signed by a registered health care professional setting out available health information and stating whether or not the person appears to be suffering from a dangerous, infectious or contagious disease.
A person who, by virtue of section 12 or 13, is not received into a penitentiary shall be confined in a provincial correctional facility.
The person in charge of the provincial correctional facility to whom a person referred to in subsection (1) is delivered shall, on being presented with
the warrant of committal to penitentiary, or
a copy of the warrant of committal certified by any judge of a superior or provincial court, by any justice of the peace, or by the clerk of the court in which the person was convicted,
confine the person in the provincial correctional facility until the person is transferred to penitentiary or released from custody in accordance with law.
Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland and Labrador shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland and Labrador.
A person who, pursuant to subsection (1), is not received in a penitentiary shall be confined in the provincial correctional facility in Newfoundland and Labrador known as Her Majesty’s Penitentiary, and is subject to all the statutes, regulations and rules applicable in that facility.
The Minister may, with the approval of the Governor in Council, enter into an agreement with the Province of Newfoundland and Labrador providing for the payment to the Province of the cost of maintaining persons who are confined pursuant to subsection (2).
Correctional Plans
The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:
the level of intervention in respect of the offender’s needs; and
objectives for
the offender’s behaviour, including
to conduct themselves in a manner that demonstrates respect for other persons and property,
to obey penitentiary rules and respect the conditions governing their conditional release, if any,
their participation in programs, and
the meeting of their court-ordered obligations, including restitution to victims or child support.
The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.
In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.
The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.
Exchange of Service Agreements
The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province for
the confinement in provincial correctional facilities or hospitals in that province of persons sentenced, committed or transferred to penitentiary; and
the confinement in penitentiary of persons sentenced or committed to imprisonment for less than two years for offences under any Act of Parliament or any regulations made thereunder.
Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.
The release date of an offender who is transferred to penitentiary pursuant to an agreement entered into under paragraph (1)(b) shall be determined by crediting against the sentence
any remission, statutory or earned, standing to the offender’s credit on the day of the transfer; and
the maximum remission that could have been earned on the balance of the sentence pursuant to the Prisons and Reformatories Act.
Escorted Temporary Absences
The institutional head may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head,
the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;
it is desirable for the inmate to be absent from the penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
the inmate’s behaviour while under sentence does not preclude authorizing the absence; and
a structured plan for the absence has been prepared.
The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons.
The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society.
The institutional head may cancel a temporary absence either before or after its commencement.
The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.
In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.
Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate.
The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that
the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;
it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
the inmate’s behaviour while under sentence does not preclude authorizing the absence; and
a structured plan for the absence has been prepared.
The temporary absence may be for a period of not more than 15 days.
If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.
If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada.
The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society.
The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so.
The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence.
Work Releases
In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.
Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,
the inmate will not, by reoffending, present an undue risk to society during a work release,
it is desirable for the inmate to participate in a structured program of work or community service in the community,
the inmate’s behaviour while under sentence does not preclude authorizing the work release, and
a structured plan for the work release has been prepared,
the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.
The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.
The institutional head may suspend or cancel a work release either before or after its commencement.
The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.
Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.
Investigations
Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.
Subsection (1) does not apply to a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act.
The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).
The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.
Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20
as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and
with such other modifications as the circumstances require.
Compensation for Death or Disability
The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of
an inmate, or
a person on day parole
that is attributable to the participation of that inmate or person in an approved program.
Information
When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,
relevant information about the offence;
relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;
any reasons and recommendations relating to the sentencing or committal that are given or made by
the court that convicts, sentences or commits the person, and
any court that hears an appeal from the conviction, sentence or committal;
any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and
any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.
Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.
No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).
The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible.
Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein,
the offender may request the Service to correct that information; and
where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested.
The Service shall give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.
Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known.
Where the Service has reasonable grounds to believe that an inmate who is about to be released by reason of the expiration of the sentence will, on release, pose a threat to any person, the Service shall, prior to the release and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat.
At the request of a victim of an offence committed by an offender, the Commissioner
shall disclose to the victim the following information about the offender:
the offender’s name,
the offence of which the offender was convicted and the court that convicted the offender,
the date of commencement and length of the sentence that the offender is serving, and
eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole;
may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:
the offender’s age,
the name and location of the penitentiary in which the sentence is being served,
if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,
if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,
the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,
the serious disciplinary offences that the offender has committed,
information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan,
the date of any hearing for the purposes of a review under section 130,
that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and
[Repealed, 2015, c. 13, s. 46]
whether the offender is in custody and, if not, the reason why the offender is not in custody;
shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:
the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,
the conditions attached to the offender’s temporary absence, work release, parole or statutory release,
the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and
shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public:
the release of the offender on unescorted temporary absence,
the offender’s work release,
the offender’s release on parole, and
the offender’s release by virtue of statutory release or the expiration of the sentence.
The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.
The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).
Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person’s privacy that could result from the disclosure.
Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner
that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner
that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and
that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information.
A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again.
The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so.
Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b).
The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation services, and, on the victim’s or other person’s request, may take measures to provide those services.
The Service’s victim-offender mediation services are to be provided in accordance with the Commissioner’s Directives and they may be provided only with the informed consent of the participants that is voluntarily given.
Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be taken, all the information to be considered in the taking of the decision or a summary of that information.
Where an offender is entitled by this Part or the regulations to be given reasons for a decision taken by the Service about the offender, the person or body that takes the decision shall, subject to subsection (3), give the offender, forthwith after the decision is taken, all the information that was considered in the taking of the decision or a summary of that information.
Except in relation to decisions on disciplinary offences, where the Commissioner has reasonable grounds to believe that disclosure of information under subsection (1) or (2) would jeopardize
the safety of any person,
the security of a penitentiary, or
the conduct of any lawful investigation,
the Commissioner may authorize the withholding from the offender of as much information as is strictly necessary in order to protect the interest identified in paragraph (a), (b) or (c).
An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter
at any hearing provided for by this Part or the regulations; and
for the purposes of understanding materials provided to the offender pursuant to this section.
Placement and Transfer of Inmates
If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions, taking into account
the degree and kind of custody and control necessary for
the safety of the public,
the safety of that person and other persons in the penitentiary, and
the security of the penitentiary;
accessibility to
the person’s home community and family,
a compatible cultural environment, and
a compatible linguistic environment; and
the availability of appropriate programs and services and the person’s willingness to participate in those programs.
The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary to
another penitentiary in accordance with the regulations made under paragraph 96(d), subject to section 28; or
a provincial correctional facility or hospital in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations.
Security Classification
The Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.6).
The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.
Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).
The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.
Administrative Segregation
allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.
allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or
the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;
The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that
The inmate is to be released from administrative segregation at the earliest appropriate time.
The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.
All recommendations to the institutional head referred to in paragraph 33(1)(c) and all decisions by the institutional head to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.
the inmate seriously disrupts the hearing.
the person or persons conducting the hearing believe on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or
the inmate is voluntarily absent;
A hearing mentioned in paragraph (1)(a) shall be conducted with the inmate present unless
recommend to the institutional head, after the hearing mentioned in paragraph (a) and after each hearing mentioned in paragraph (b), whether or not the inmate should be released from administrative segregation.
conduct, at prescribed times and in the prescribed manner, further regular hearings to review the inmate’s case; and
conduct, at the prescribed time and in the prescribed manner, a hearing to review the inmate’s case;
Where an inmate is involuntarily confined in administrative segregation, a person or persons designated by the institutional head shall
Where the institutional head does not intend to accept a recommendation made under section 33 to release an inmate from administrative segregation, the institutional head shall, as soon as is practicable, meet with the inmate
to give the inmate an opportunity to make oral or written representations.
to explain the reasons for not intending to accept the recommendation; and
Where an inmate requests to be placed in, or continue in, administrative segregation and the institutional head does not intend to grant the request, the institutional head shall, as soon as is practicable, meet with the inmate
to give the inmate an opportunity to make oral or written representations.
to explain the reasons for not intending to grant the request; and
An inmate in administrative segregation shall be visited at least once every day by a registered health care professional.
The institutional head shall visit the administrative segregation area at least once every day and meet with individual inmates on request.
An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that
security requirements.
limitations specific to the administrative segregation area, or
cannot be enjoyed due to
can only be enjoyed in association with other inmates; or
Discipline
The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.
Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.
An inmate commits a disciplinary offence who
disobeys a justifiable order of a staff member;
is, without authorization, in an area prohibited to inmates;
wilfully or recklessly damages or destroys property that is not the inmate’s;
commits theft;
is in possession of stolen property;
is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;
is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;
fights with, assaults or threatens to assault another person;
is in possession of, or deals in, contraband;
without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;
takes an intoxicant into the inmate’s body;
fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;
creates or participates in
a disturbance, or
any other activity
that is likely to jeopardize the security of the penitentiary;
does anything for the purpose of escaping or assisting another inmate to escape;
offers, gives or accepts a bribe or reward;
without reasonable excuse, refuses to work or leaves work;
engages in gambling;
wilfully disobeys a written rule governing the conduct of inmates;
knowingly makes a false claim for compensation from the Crown;
throws a bodily substance towards another person; or
attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).
Where a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, the staff member shall take all reasonable steps to resolve the matter informally, where possible.
Where an informal resolution is not achieved, the institutional head may, depending on the seriousness of the alleged conduct and any aggravating or mitigating factors, issue a charge of a minor disciplinary offence or a serious disciplinary offence.
An inmate charged with a disciplinary offence shall be given a written notice of the charge in accordance with the regulations, and the notice must state whether the charge is minor or serious.
A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner.
A hearing mentioned in subsection (1) shall be conducted with the inmate present unless
the inmate is voluntarily absent;
the person conducting the hearing believes on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or
the inmate seriously disrupts the hearing.
The person conducting the hearing shall not find the inmate guilty unless satisfied beyond a reasonable doubt, based on the evidence presented at the hearing, that the inmate committed the disciplinary offence in question.
An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:
a warning or reprimand;
a loss of privileges;
an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;
a fine;
performance of extra duties; and
in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.
A fine or restitution imposed pursuant to subsection (1) may be collected in the prescribed manner.
Summary Conviction Offences
Every person commits a summary conviction offence who
is in possession of contraband beyond the visitor control point in a penitentiary;
is in possession of anything referred to in paragraph (b) or (c) of the definition “contraband” in section 2 before the visitor control point at a penitentiary;
delivers contraband to, or receives contraband from, an inmate;
without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or
trespasses at a penitentiary.
Search and Seizure
Interpretation
In sections 47 to 67,
body cavity means the rectum or vagina; (cavité corporelle)
body cavity search means the physical probing of a body cavity, in the prescribed manner; (examen des cavités corporelles)
frisk search means
a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and
a search of
personal possessions, including clothing, that the person may be carrying, and
any coat or jacket that the person has been requested to remove,
in accordance with any applicable regulations made under paragraph 96(l); (fouille par palpation)
non-intrusive search means
a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and
a search of
personal possessions, including clothing, that the person may be carrying, and
any coat or jacket that the person has been requested to remove,
in accordance with any applicable regulations made under paragraph 96(l); (fouille discrète)
strip search means
a visual inspection of the naked body, in the prescribed manner, and
a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; (fouille à nu)
urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. (prise d’échantillon d’urine)
Searches of Inmates
A staff member may conduct routine non-intrusive searches or routine frisk searches of inmates, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
A person providing services of a prescribed class to the Service under a contract has the power to search that a staff member is authorized to conduct under subsection (1) if
the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;
the searches are reasonably related to the person’s principal services under the contract; and
the person has received the prescribed training to conduct such searches.
A staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,
when the inmate is entering or leaving a segregation area.
in the prescribed circumstances, which circumstances must be limited to situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or
Where a staff member suspects on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, the staff member may conduct a frisk search of the inmate.
A person providing services of a prescribed class to the Service under a contract has the powers of search of a staff member under subsection (1) if
the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;
the searches are reasonably related to the person’s principal services under the contract; and
the person has received the prescribed training to conduct such searches.
Where a staff member
believes on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and
satisfies the institutional head that there are reasonable grounds to so believe,
a staff member of the same sex as the inmate may conduct a strip search of the inmate.
Where a staff member
satisfies the requirements of paragraph (3)(a), and
believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) would result in danger to human life or safety or in loss or destruction of the evidence,
the staff member may conduct the strip search without complying with paragraph (3)(b) or the gender requirement of subsection (3).
Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but shall inform the institutional head.
Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing one or both of the following:
the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary’s medical staff, on the expectation that the contraband will be expelled.
the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained; and
Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the institutional head may authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate’s consent is obtained.
Where the institutional head is satisfied that there are reasonable grounds to believe that
there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and
a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger,
the institutional head may authorize in writing such a search, subject to subsection (2).
A strip search authorized under subsection (1) shall be conducted in each case by a staff member of the same sex as the inmate.
Subject to section 56 and subsection 57(1), a staff member may demand that an inmate submit to urinalysis
where the staff member believes on reasonable grounds that the inmate has committed or is committing the disciplinary offence referred to in paragraph 40(k) and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the institutional head;
as part of a prescribed random selection urinalysis program, conducted without individualized grounds on a periodic basis and in accordance with any Commissioner’s Directives that the regulations may provide for; or
where urinalysis is a prescribed requirement for participation in
a prescribed program or activity involving contact with the community, or
a prescribed substance abuse treatment program.
Subject to section 56 and subsection 57(2), a staff member, or any other person so authorized by the Service, may demand that an offender submit to urinalysis
at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or
at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs.
Where a demand is made of an offender to submit to urinalysis pursuant to section 54 or 55, the person making the demand shall forthwith inform the offender of the basis of the demand and the consequences of non-compliance.
An inmate who is required to submit to urinalysis pursuant to paragraph 54(a) shall be given an opportunity to make representations to the institutional head before submitting the urine sample.
An offender who is required to submit to urinalysis at regular intervals pursuant to section 55 shall be given reasonable opportunities to make representations to the prescribed official in relation to the length of the intervals.
The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geographical area.
An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement.
Searches of Cells
A staff member may, in the prescribed manner, conduct searches of cells and their contents in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Searches of Visitors
A staff member may conduct routine non-intrusive searches or routine frisk searches of visitors, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
A staff member may conduct a frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45.
Where a staff member
suspects on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and believes that a strip search is necessary to find the contraband or evidence, and
satisfies the institutional head that there are reasonable grounds
to suspect that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and
to believe that a strip search is necessary to find the contraband or evidence,
a staff member of the same sex as the visitor may, after giving the visitor the option of voluntarily leaving the penitentiary forthwith, conduct a strip search of the visitor.
Where a staff member believes on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and that a strip search is necessary to find the contraband or evidence,
the staff member may detain the visitor in order to
obtain the authorization of the institutional head to conduct a strip search, or
obtain the services of the police; and
where the staff member satisfies the institutional head that there are reasonable grounds to believe
that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and
that a strip search is necessary to find the contraband or evidence,
the institutional head may authorize a staff member of the same sex as the visitor to conduct a strip search of the visitor.
A visitor who is detained pursuant to subsection (3) shall
be informed promptly of the reasons for the detention; and
before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
Searches of Vehicles
A staff member may, in the prescribed manner, conduct routine searches of vehicles at a penitentiary, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
A staff member who believes on reasonable grounds that contraband is located in a vehicle at a penitentiary in circumstances constituting an offence under section 45 may, with prior authorization from the institutional head, search the vehicle.
Where a staff member believes on reasonable grounds that the delay that would be necessary in order to comply with the prior authorization requirement of subsection (2) would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization.
An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that
there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and
it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger.
Warnings to be Posted
At each penitentiary, a conspicuous warning shall be posted at the entrance to the lands and at the visitor control point, stating that all visitors and vehicles at the penitentiary are subject to being searched in accordance with this Part and the regulations.
Searches of Staff Members
A staff member may conduct routine non-intrusive searches or routine frisk searches of other staff members, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Where a staff member believes on reasonable grounds that another staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence,
the staff member may detain the other staff member in order to
obtain the authorization of the institutional head to conduct a frisk search or strip search, or
obtain the services of the police; and
where the staff member satisfies the institutional head that there are reasonable grounds to believe that the other staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the institutional head may
authorize a staff member to conduct a frisk search of the other staff member, or
authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member.
A staff member who is detained pursuant to subsection (1) shall
be informed promptly of the reasons for the detention; and
before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
Power to Seize
Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).
A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.
A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.
Searches in Community-based Residential Facilities
An employee of a community-based residential facility who is so authorized by the Service may
conduct a frisk search of an offender in that facility, and
search an offender’s room and its contents,
where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.
An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.
In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.
Reports Relating to Searches and Seizures
Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.
General — Living Conditions
No person shall apply an instrument of restraint to an offender as punishment.
No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.
The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.
In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.
Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.
Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to
enter any penitentiary,
visit any part of a penitentiary, and
visit any inmate, with the consent of the inmate,
subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.
An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Programs for Offenders
The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.
Without limiting the generality of section 76, the Service shall
provide programs designed particularly to address the needs of female offenders; and
consult regularly about programs for female offenders with
appropriate women’s groups, and
other appropriate persons and groups
with expertise on, and experience in working with, female offenders.
For the purpose of
encouraging offenders to participate in programs provided by the Service, or
providing financial assistance to offenders to facilitate their reintegration into the community,
the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.
Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may
make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and
require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96(z.2.1) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service.
Aboriginal Offenders
In sections 80 to 84,
aboriginal community means a first nation, tribal council, band, community, organization or other group with a predominantly aboriginal leadership; (collectivité autochtone)
aboriginal means Indian, Inuit or Métis; (autochtone)
correctional services means services or programs for offenders, including their care and custody. (services correctionnels)
Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of aboriginal offenders.
The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.
Notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-aboriginal offender.
In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an aboriginal community, with the consent of the offender and of the aboriginal community.
The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.
For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.
For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders.
The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with
the National Aboriginal Advisory Committee mentioned in section 82; and
the appropriate regional and local aboriginal advisory committees, if such committees have been established pursuant to that section.
If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community
adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and
an opportunity to propose a plan for the inmate’s release and integration into that community.
Where an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community
adequate notice of the order; and
an opportunity to propose a plan for the offender’s release on supervision, and integration, into the aboriginal community.
Health Care
In sections 86 and 87,
health care means medical care, dental care and mental health care, provided by registered health care professionals; (soins de santé)
mental health care means the care of a disorder of thought, mood, perception, orientation or memory that significantly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life; (soins de santé mentale)
treatment means health care treatment. (Version anglaise seulement)
The Service shall provide every inmate with
essential health care; and
reasonable access to non-essential mental health care that will contribute to the inmate’s rehabilitation and successful reintegration into the community.
The provision of health care under subsection (1) shall conform to professionally accepted standards.
The Service shall take into consideration an offender’s state of health and health care needs
in all decisions affecting the offender, including decisions relating to placement, transfer, administrative segregation and disciplinary matters; and
in the preparation of the offender for release and the supervision of the offender.
Except as provided by subsection (5),
treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and
an inmate has the right to refuse treatment or withdraw from treatment at any time.
For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand,
the likelihood and degree of improvement, remission, control or cure as a result of the treatment;
any significant risk, and the degree thereof, associated with the treatment;
any reasonable alternatives to the treatment;
the likely effects of refusing the treatment; and
the inmate’s right to refuse the treatment or withdraw from the treatment at any time.
For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole.
Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has
approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and
reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section.
Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.
The Service shall not direct the force-feeding, by any method, of an inmate who had the capacity to understand the consequences of fasting at the time the inmate made the decision to fast.
Grievance or Complaint Procedure
There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).
Every offender shall have complete access to the offender grievance procedure without negative consequences.
If the Commissioner is satisfied that an offender has persistently submitted complaints or grievances that are frivolous, vexatious or not made in good faith, the Commissioner may, in accordance with the prescribed procedures, prohibit an offender from submitting any further complaint or grievance except by leave of the Commissioner.
The Commissioner shall review each prohibition under subsection (1) annually and shall give the offender written reasons for his or her decision to maintain or lift it.
The Governor in Council may make regulations respecting the complaints and grievances regime with respect to offenders who are subject to a prohibition under subsection 91.1(1).
Release of Inmates
An inmate may be released from a penitentiary or from any other place designated by the Commissioner.
Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of statutory release or the expiration of the sentence shall be released during normal business hours on the last working day before that day.
Where the institutional head is satisfied that an inmate’s re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of statutory release or the expiration of the sentence.
An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of statutory release or the expiration of the sentence, as the case may be, at the moment of actual release.
[Repealed, 2011, c. 11, s. 2]
Where an inmate who is in penitentiary pursuant to subsection 94(1) requests to be released, the Service shall release the inmate as soon as reasonably possible, but is not required to release the inmate except during normal business hours on a working day.
[Repealed, 1995, c. 42, s. 23]
Temporary Accommodation in Penitentiary
At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence.
A person staying temporarily in a penitentiary pursuant to subsection (1) shall be deemed to be an inmate while in the penitentiary.
Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.
Annual Report
The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after the 31st day of January next following the end of each fiscal year, a report showing the operations of the Service for that fiscal year.
Regulations
The Governor in Council may make regulations
prescribing the duties of staff members;
for authorizing staff members or classes of staff members to exercise powers, perform duties or carry out functions that this Part assigns to the Commissioner or the institutional head;
respecting, for the purposes of section 22,
the circumstances in which compensation may be paid,
what constitutes a disability,
the manner of determining whether a person has a disability, and the extent of the disability,
what constitutes an approved program,
to whom compensation may be paid, and
the compensation that may be paid, the time or times at which the compensation is to be paid, the terms and conditions in accordance with which the compensation is to be paid, and the manner of its payment;
respecting the placement of inmates pursuant to section 28 and their transfer pursuant to section 29;
providing for the matters referred to in section 70;
respecting allowances, clothing and other necessities to be given to inmates when leaving penitentiary either temporarily or permanently;
respecting the administrative segregation of inmates;
prescribing the contents of the notice to be given to an inmate under section 42, and the time when the notice is to be given to the inmate;
in connection with the disciplinary sanctions described in section 44,
prescribing the maximum of each of those sanctions, which maxima shall be higher for serious disciplinary offences than for minor ones,
prescribing factors and guidelines to be considered or applied in imposing those sanctions,
prescribing the scope of each of those sanctions, and
respecting the enforcement, suspension and cancellation of those sanctions;
providing for a review of the decisions of the person or persons conducting a disciplinary hearing;
providing for
the appointment of persons other than staff members to conduct disciplinary hearings or to review decisions pursuant to regulations made under paragraph (j), and
the remuneration and travel and living expenses of persons referred to in subparagraph (i);
prescribing the manner in which a search referred to in
paragraph (b) of the definition “frisk search” in section 46,
paragraph (b) of the definition “non-intrusive search” in section 46, or
paragraph (b) of the definition “strip search” in section 46
shall be carried out;
prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;
authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;
prescribing the effect that a visitor’s refusal to undergo a search can have on the visitor’s right to visit an inmate or remain at the penitentiary;
respecting
the submission of reports referred to in section 67, and
the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;
authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;
providing for inmates’ moneys to be held in trust accounts;
respecting inmates’ work and working conditions;
respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;
respecting the conducting of businesses by inmates;
prescribing an offender grievance procedure;
for the organization, training, discipline, efficiency, administration and good management of the Service;
providing for inmates’ access to
legal counsel and legal reading materials,
non-legal reading materials, and
a commissioner for taking oaths and affidavits;
respecting inmates’ attendance at judicial proceedings;
respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;
prescribing the procedure governing the disposal of the effects of an escaped inmate;
for the delivery of the estate of a deceased inmate to the inmate’s personal representative in accordance with the applicable provincial law;
prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);
prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner’s Directive;
providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner’s Directive, and respecting the circumstances under which payment of that amount is not required;
providing for remuneration and travel and living expenses of members of committees established pursuant to subsection 82(1);
for the involvement of members of the community in the operation of the Service;
prescribing procedures to be followed after the use of force by a staff member;
respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;
authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;
respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;
respecting the manner and form of making requests to the Commissioner under section 26 and respecting how those requests are to be dealt with;
imposing obligations or prohibitions on the Service for the purpose of giving effect to any provision of this Part;
prescribing anything that by this Part is to be prescribed; and
generally for carrying out the purposes and provisions of this Part.
Rules
Subject to this Part and the regulations, the Commissioner may make rules
for the management of the Service;
for the matters described in section 4; and
generally for carrying out the purposes and provisions of this Part and the regulations.
Commissioner’s Directives
The Commissioner may designate as Commissioner’s Directives any or all rules made under section 97.
The Commissioner’s Directives shall be accessible to offenders, staff members and the public.
Conditional Release, Detention and Long-term Supervision
Interpretation
In this Part,
Board means the Parole Board of Canada continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable; (Commission)
Commissioner has the same meaning as in Part I; (commissaire)
community-based residential facility has the same meaning as in subsection 66(3); (établissement résidentiel communautaire)
day parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; (semi-liberté)
full parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence; (libération conditionnelle totale)
institutional head has the same meaning as in Part I; (Version anglaise seulement)
long-term supervision has the same meaning as in Part I; (surveillance de longue durée)
Minister has the same meaning as in Part I; (ministre)
offender means
a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section
pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or
on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or
a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,
but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code; (délinquant)
parole means full parole or day parole; (libération conditionnelle)
parole supervisor has the meaning assigned by the definition staff member in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender; (surveillant de liberté conditionnelle)
penitentiary has the same meaning as in Part I; (pénitencier)
provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles, the Board of Parole for the Province of British Columbia or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)
regulations means regulations made by the Governor in Council pursuant to section 156; (règlement ou réglementaire)
sentence has the same meaning as in Part I; (peine ou peine d’emprisonnement)
serious harm means severe physical injury or severe psychological damage; (dommage grave)
Service has the same meaning as in Part I; (Service)
statutory release means release from imprisonment subject to supervision before the expiration of an offender’s sentence, to which an offender is entitled under section 127; (libération d’office)
statutory release date means the date determined in accordance with section 127; (date de libération d’office)
unescorted temporary absence means an unescorted temporary absence from penitentiary authorized under section 116; (permission de sortir sans escorte)
victim has the same meaning as in Part I; (victime)
working day has the same meaning as in Part I. (jour ouvrable)
For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account
any period during which the offender could be entitled to statutory release;
in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or
any remission that stands to the credit of the offender on November 1, 1992.
Except as otherwise provided by this Part or by the regulations,
powers, duties and functions assigned to the Commissioner by or pursuant to this Part may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and
powers, duties and functions assigned to the institutional head by or pursuant to this Part may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.
A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 100, 101, 109 to 111 and 140 to 145 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.
In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act.
Purpose and Principles
The purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.
The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases.
The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows:
parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;
parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public;
parole boards make decisions that are consistent with the protection of society and that are limited to only what is necessary and proportionate to the purpose of conditional release;
parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and
offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.
The Board or a provincial parole board may grant parole to an offender if, in its opinion,
the offender will not, by reoffending, present an undue risk to society before the expiration according to law of the sentence the offender is serving; and
the release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen.
Constitution and Jurisdiction of Board
The National Parole Board is continued as the Parole Board of Canada and consists of not more than 60 full-time members and a number of part-time members all of whom are appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding 10 years and three years, respectively.
The Governor in Council shall designate one of the full-time members of the Board to be its Chairperson and, on the recommendation of the Minister, one of the full-time members to be its Executive Vice-Chairperson.
Members appointed to the Board shall be sufficiently diverse in their backgrounds to be able to collectively represent community values and views in the work of the Board and to inform the community with respect to unescorted temporary absence, parole and statutory release.
A part-time member of the Board has the same powers and duties as a full-time member of the Board.
Each member of the Board other than the Chairperson and the Executive Vice-Chairperson shall be assigned to a division of the Board specified in the instrument of appointment.
All members of the Board are ex officio members of every division of the Board and may, with the approval of the Chairperson, sit on a panel of any division of the Board, subject to such conditions and during such periods as are approved by the Chairperson.
Members of the Board shall exercise their functions in accordance with policies adopted pursuant to subsection 151(2).
Subject to subsection 152(3), the review under this Part of any case within a particular class of cases shall be made by a panel that consists of at least the number of members of the Board specified in the regulations as the minimum number of members for cases of that class.
In the event that a full-time member of the Board is absent or unable to act, the Governor in Council, on the recommendation of the Minister, may appoint a substitute member to act in the place of that member.
A substitute member appointed pursuant to subsection (1) has all the powers and duties of a full-time member of the Board, subject to any limitation on those powers and duties that the Chairperson directs.
Subject to this Act, the Prisons and Reformatories Act, the International Transfer of Offenders Act, the National Defence Act, the Crimes Against Humanity and War Crimes Act and the Criminal Code, the Board has exclusive jurisdiction and absolute discretion
to grant parole to an offender;
to terminate or to revoke the parole or statutory release of an offender, whether or not the offender is in custody under a warrant of apprehension issued as a result of the suspension of the parole or statutory release;
to cancel a decision to grant parole to an offender, or to cancel the suspension, termination or revocation of the parole or statutory release of an offender;
to review and to decide the case of an offender referred to it pursuant to section 129; and
to authorize or to cancel a decision to authorize the unescorted temporary absence of an offender who is serving, in a penitentiary,
a life sentence imposed as a minimum punishment or commuted from a sentence of death,
a sentence for an indeterminate period, or
a sentence for an offence set out in Schedule I or II.
The jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served in a penitentiary pursuant to section 743.1 of the Criminal Code, whether that sentence is to be served alone or concurrently with or consecutively to one or more other sentences imposed under an Act of Parliament or a provincial Act.
Where a provincial parole board has not been established in a province, the Board has, in respect of offenders serving sentences in a provincial correctional facility in that province, the same jurisdiction and discretion that it has in respect of offenders under paragraphs 107(1)(a) to (c).
Subject to subsection (3), the jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served concurrently with or consecutively to a sentence imposed under an Act of Parliament.
Subsection (2) does not apply in a province until a day fixed by order of the Governor in Council made after the enactment of a provincial Act authorizing the Board to exercise the jurisdiction referred to in that subsection. Note: Subsection 108(2) applies in the Province of British Columbia as of April 19, 2007, see SI/2007-51.]
This section shall be read without reference to subsection (3) with respect to any province in which subsection 14(1) of the Parole Act, as that Act read immediately before the coming into force of this section, was in force immediately before the coming into force of this section.
The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 259 of the Criminal Code after a period of
ten years after the commencement of the order, in the case of a prohibition for life; or
five years after the commencement of the order, in the case of a prohibition for more than five years but less than life.
The Board shall, when so directed by the Minister, make or cause to be made any investigation or inquiry desired by the Minister in connection with any request made to the Minister for the exercise of the royal prerogative of mercy.
The Board shall maintain
a program of exchange of information with the other components of the criminal justice system; and
a program to communicate its policies and programs to offenders, to victims of crime, to victims’ groups, to other groups and organizations with a special interest in matters dealt with under this Part, and to the general public.
Constitution and Jurisdiction of Provincial Boards
Subject to subsection (2), a provincial parole board for a province shall exercise jurisdiction in accordance with this Part in respect of the parole of offenders serving sentences in provincial correctional facilities in that province, other than
offenders sentenced to life imprisonment as a minimum punishment;
offenders whose sentence has been commuted to life imprisonment; or
offenders sentenced to detention for an indeterminate period.
A provincial parole board may, but is not required to, exercise its jurisdiction under this section in relation to day parole.
Where a provincial parole board has been established for a province, the lieutenant governor in council of the province may, by order, declare that all or any of the provisions of this Part that do not otherwise apply in respect of provincial parole boards shall apply in respect of that provincial parole board and offenders under its jurisdiction.
The lieutenant governor in council of a province may, in respect of the provincial parole board for the province and offenders under its jurisdiction, make regulations in the same manner and for the same purposes as the Governor in Council may make regulations pursuant to section 156 in respect of the Board and offenders under its jurisdiction.
Subject to any agreement entered into pursuant to this section, an offender who is released on parole in one province and moves to another province remains under the jurisdiction of the board that granted the parole.
The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a province for which a provincial parole board has been established for the transfer of jurisdiction in respect of offenders who move to the province after their release by the Board on parole from a provincial correctional facility in another province for which no provincial parole board has been established.
The government of a province for which a provincial parole board has been established may enter into an agreement with the Government of Canada for the transfer to the Board of jurisdiction in respect of offenders released on parole by the provincial parole board who move to a province for which no provincial parole board has been established.
The governments of provinces may enter into agreements with one another for the transfer of jurisdiction in respect of offenders released on parole by one provincial parole board who move to the territorial jurisdiction of another provincial parole board.
Subsections (1) to (4) apply, with such modifications as the circumstances require, in respect of offenders released on statutory release.
Unescorted Temporary Absence
Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is
in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1), the period required to be served by the offender to reach the offender’s full parole eligibility date less three years;
in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of
the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of
three years, and
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and
in any other case, the longer of
six months, and
one half of the period required to be served by the offender to reach their full parole eligibility date.
Subsection (1) does not apply to an offender whose life or health is in danger and for whom an unescorted temporary absence is required in order to administer emergency medical treatment.
Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96(z.6), are classified as maximum security offenders are not eligible for an unescorted temporary absence.
The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)(e) where, in the opinion of the Board,
the offender will not, by reoffending, present an undue risk to society during the absence;
it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;
the offender’s behaviour while under sentence does not preclude authorizing the absence; and
a structured plan for the absence has been prepared.
The Commissioner or the institutional head may authorize the unescorted temporary absence of an offender, other than an offender referred to in paragraph 107(1)(e), where, in the opinion of the Commissioner or the institutional head, as the case may be, the criteria set out in paragraphs (1)(a) to (d) are met.
An unescorted temporary absence for medical reasons may be authorized for an unlimited period.
Subject to subsection (6), an unescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of fifteen days, at the rate of not more than three times a year for an offender classified by the Service as a medium security offender and not more than four times a year for an offender classified as a minimum security offender.
An unescorted temporary absence authorized for reasons referred to in subsection (4) must be followed by a period of custody of at least seven days before the next such absence.
An unescorted temporary absence for purposes of a specific personal development program may be authorized for a maximum of sixty days and may be renewed, for periods of up to sixty days each, for the purposes of the program.
Unescorted temporary absences for reasons other than those referred to in subsection (3) or (4) may be authorized for a maximum total of forty-eight hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of seventy-two hours per month for an offender classified as a minimum security offender.
The circumstances and manner in which, and the time at which, an application for an unescorted temporary absence must be made shall be prescribed by the regulations.
In addition to the period authorized for the purposes of an unescorted temporary absence, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.
The Board, the Commissioner or the institutional head, whichever authorized a particular unescorted temporary absence of an offender, may cancel that absence, either before or after its commencement,
where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;
where the grounds for granting the absence have changed or no longer exist; or
after a review of the offender’s case based on information that could not reasonably have been provided when the absence was authorized.
The Board may confer on the Commissioner or the institutional head, for such period and subject to such conditions as it specifies, any of its powers under section 116 in respect of any class of offenders or class of absences.
Where, pursuant to an agreement under paragraph 16(1)(a), an offender referred to in paragraph 107(1)(e) or subsection 116(2) has been admitted to a hospital operated by a provincial government in which the liberty of persons is normally subject to restrictions, the Board, the Commissioner or the institutional head, as the case may be, may confer on the person in charge of the hospital, for such period and subject to such conditions as they specify, any of their respective powers under section 116 in relation to that offender.
Where the Board has not authorized the Commissioner or the institutional head under subsection (1) in respect of the offender or in respect of the absence, the institutional head of the penitentiary from which an unescorted temporary absence has been effected may suspend the absence if, in the opinion of the institutional head, the offender’s retention in custody or recommitment to custody is justified in order to protect society, on the basis of information that could not reasonably have been provided to the Board when the absence was authorized.
An institutional head who suspends the unescorted temporary absence of an offender shall forthwith refer the offender’s case to the Board, and the Board shall decide whether the absence should be cancelled.
A person who cancels an unescorted temporary absence pursuant to subsection 116(10) or pursuant to a delegation of power under subsection 117(1) or (2), or who suspends an unescorted temporary absence pursuant to subsection 117(3), shall cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the offender pursuant to section 137, where the offender is not in custody in a penitentiary or in a hospital referred to in subsection 117(2).
Eligibility for Parole
Subject to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, the portion of a sentence that must be served before an offender may be released on day parole is
one year, where the offender was, before October 15, 1977, sentenced to preventive detention;
where the offender is an offender, other than an offender referred to in paragraph (b.1), who was sentenced to detention in a penitentiary for an indeterminate period, the longer of
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
where the offender was sentenced to detention in a penitentiary for an indeterminate period as of the date on which this paragraph comes into force, the longer of
three years, and
the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
where the offender is serving a sentence of two years or more, other than a sentence referred to in paragraph (a) or (b), the greater of
the portion ending six months before the date on which full parole may be granted, and
six months; or
one half of the portion of the sentence that must be served before full parole may be granted, where the offender is serving a sentence of less than two years.
Notwithstanding section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender described in subsection 746.1(1) or (2) of the Criminal Code or to whom those subsections apply pursuant to subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, shall not, in the circumstances described in subsection 120.2(2) or (3), be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3).
Notwithstanding section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, in the circumstances described in subsection 120.2(2), the portion of the sentence of an offender described in subsection 746.1(3) of the Criminal Code or to whom that subsection applies pursuant to subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act that must be served before the offender may be released on day parole is the longer of
the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.
The Board is not required to review the case of an offender who applies for day parole if the offender is serving a sentence of less than six months.
For the purposes of sections 119.2 to 120.3, and unless the context requires otherwise, sentence means a sentence that is not constituted under subsection 139(1).
For the purposes of sections 120 to 120.3, the eligibility for parole of a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a provincial correctional facility for adults or a penitentiary under section 89, 92 or 93 of that Act shall be determined on the basis of the total of the custody and supervision periods of the youth sentence.
Subject to sections 746.1 and 761 of the Criminal Code and to any order made under section 743.6 of that Act, to subsection 226.1(2) of the National Defence Act and to any order made under section 226.2 of that Act, and to subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.
Subject to any order made under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, an offender who is serving a life sentence, imposed otherwise than as a minimum punishment, is not eligible for full parole until the day on which the offender has served a period of ineligibility of seven years less any time spent in custody between the day on which the offender was arrested and taken into custody, in respect of the offence for which the sentence was imposed, and the day on which the sentence was imposed.
A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of
the period of ineligibility in respect of any portion of the sentence constituted under subsection 139(1) that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and
the period of ineligibility in respect of any other portion of that sentence.
If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:
any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and
the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.
Despite subsection (2), if an offender who is serving a sentence or a sentence that was constituted under subsection 139(1) receives an additional sentence or two or more sentences that are to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences including a sentence to be served concurrently with the sentence being served and one or more sentences to be served consecutively to the additional concurrent sentence — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, any remaining period of ineligibility to which they are subject and the longer of the following periods:
one third of the period that equals the difference between the length of the sentence that was constituted under subsection 139(1), including the additional sentence or sentences, and the length of the sentence that they are serving when the additional sentence is or sentences are imposed; or
the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.
Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of
the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and
the day on which they have served
the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and
the period of ineligibility in respect of any other portion of that sentence.
If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:
any remaining period of ineligibility to which they are subject, and
the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.
If there has been a reduction — under section 745.6 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act — in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:
any remaining period of ineligibility to which they would have been subject after taking into account the reduction, and
the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.
Subject to section 745 of the Criminal Code, subsection 226.1(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, the day on which an offender is eligible for full parole shall not be later than
in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;
in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and
in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.
Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act — parole may be granted at any time to an offender
who is terminally ill;
whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;
for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or
who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.
Paragraphs (1)(b) to (d) do not apply to an offender who is
serving a life sentence imposed as a minimum punishment or commuted from a sentence of death; or
serving, in a penitentiary, a sentence for an indeterminate period.
Parole Reviews
Subject to subsection 119(2), the Board shall, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of every offender other than an offender referred to in subsection (2).
The Board may, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of an offender who is serving a sentence of two years or more in a provincial correctional facility in a province in which no program of day parole has been established for that category of offender.
With respect to a review commenced under this section, the Board shall decide whether to grant day parole, or may adjourn the review for a reason authorized by the regulations and for a reasonable period not exceeding the maximum period prescribed by the regulations.
No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant day parole or cancels or terminates parole.
Day parole may be granted to an offender for a period not exceeding six months, and may be continued for additional periods not exceeding six months each following reviews of the case by the Board.
An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review the case of every offender who is serving a sentence of two years or more and who is not within the jurisdiction of a provincial parole board.
The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.
The Board shall, on application within the period prescribed by the regulations, review, for the purpose of full parole, the case of every offender who is serving a sentence of less than two years in a penitentiary or provincial correctional facility in a province where no provincial parole board has been established.
The Board is not required to review the case of an offender who applies for full parole if the offender is serving a sentence of less than six months.
With respect to a review commenced under this section, the Board shall decide whether to grant full parole, or may grant day parole, or may adjourn the review for a reason authorized by the regulations and for a reasonable period not exceeding the maximum period prescribed by the regulations.
If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until
the offender is released on full parole or on statutory release;
the offender’s sentence expires; or
less than four months remain to be served before the offender’s statutory release date.
Despite subsection (5), if the Board decides not to grant parole to an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — following a review under subsection (1) or section 122, or if a review is not made by virtue of subsection (2), the Board shall conduct another review within five years after the later of the day on which the review took place or was scheduled to take place and thereafter within five years after that day until
the offender is released on full parole or on statutory release;
the offender’s sentence expires; or
less than four months remain to be served before the offender’s statutory release date.
If the Board decides not to grant parole to an offender referred to in subsection (5.01), it shall provide the offender with written reasons for its decision.
If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until
the offender is released on full parole or statutory release;
the offender’s sentence expires; or
less than four months remain to be served before the offender’s statutory release date.
Despite subsection (5.1), if the Board cancels or terminates parole for an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — the Board shall conduct another review within four years after the date of cancellation or termination and, after that date, within five years after the day on which each preceding review takes place until
the offender is released on full parole or on statutory release;
the offender’s sentence expires; or
less than four months remain to be served before the offender’s statutory release date.
No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant full parole or cancels or terminates parole.
An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
In this section, offence involving violence means murder or any offence set out in Schedule I.
If an offender has been granted parole under section 122 or 123 but has not yet been released and the offender fails or refuses to provide a urine sample when demanded to provide one under section 54, or provides under that section a urine sample for which the result of the urinalysis is positive, as that term is defined in the regulations, then the Service shall inform the Board of the failure or refusal or the test result.
The Board is not required to review the case of an offender who is unlawfully at large during the period prescribed by the regulations for a review under section 122 or 123 but it shall review the case as soon as possible after being informed of the offender’s return to custody.
Where an offender is granted parole but no date is fixed for the offender’s release, the parole shall take effect, and the offender shall be released, forthwith after such period as is necessary to implement the decision to grant parole.
If an offender has been granted parole under section 122 or 123, the Board may, after a review of the case based on information that could not reasonably have been provided to it at the time parole was granted, cancel the parole if the offender has not been released or terminate the parole if the offender has been released.
If the Board is informed of the matters under section 123.1 and the offender has still not yet been released, the Board shall can- cel the parole if, in its opinion, based on the information received under that section, the criteria set out in paragraphs 102(a) and (b) are no longer met.
If the Board exercises its power under subsection (3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.
[Repealed, 2011, c. 11, s. 5]
[Repealed, 2011, c. 11, s. 5]
[Repealed, 2011, c. 11, s. 5]
Statutory Release
Subject to any provision of this Act, an offender sentenced, committed or transferred to penitentiary is entitled to be released on the date determined in accordance with this section and to remain at large until the expiration of the sentence according to law.
Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences shall be determined by crediting against the sentence
any remission, statutory or earned, standing to the offender’s credit on that day; and
the maximum remission that could have been earned on the balance of the sentence pursuant to the Penitentiary Act or the Prisons and Reformatories Act, as those Acts read immediately before that day.
Subject to this section, the statutory release date of an offender sentenced on or after November 1, 1992 to imprisonment for one or more offences is the day on which the offender completes two thirds of the sentence.
Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences and sentenced on or after November 1, 1992 to imprisonment for one or more offences is the later of the dates determined in accordance with subsections (2) and (3).
Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release is revoked is
the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or
if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.
If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence,
any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and
two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.
Where an offender receives a sentence to be served in a provincial correctional facility and fails to earn or forfeits any remission under the Prisons and Reformatories Act and is transferred to penitentiary, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), the offender is not entitled to be released until the day on which the offender has served
the period of imprisonment that the offender would have been required to serve under this section if the offender had not failed to earn or had not forfeited the remission; and
the period of imprisonment equal to the remission that the offender failed to earn or forfeited and that was not recredited under that Act.
An offender sentenced, committed or transferred (otherwise than pursuant to an agreement entered into under subsection 16(1)) to penitentiary on or after August 1, 1970 who is released on statutory release is subject to supervision in accordance with this Act, but no other offender released under this section is subject to supervision.
Subject to this Act, a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired.
Effect of Parole, Statutory Release or Unescorted Temporary Absence
An offender who is released on parole, statutory release or unescorted temporary absence continues, while entitled to be at large, to serve the sentence until its expiration according to law.
Except to the extent required by the conditions of any day parole, an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release or unescorted temporary absence is suspended, cancelled, terminated or revoked.
Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.
Despite this Act, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole.
If, before the full parole eligibility date, a removal order is made under the Immigration and Refugee Protection Act against an offender who has received day parole or an unescorted temporary absence, on the day that the removal order is made, the day parole or unescorted temporary absence becomes inoperative and the offender shall be reincarcerated.
An offender referred to in subsection (4) is eligible for day parole or an unescorted temporary absence if the removal order is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act.
Where the removal order of an offender referred to in subsection (5) is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act on a day prior to the full parole eligibility of the offender, the unescorted temporary absence or day parole of that offender is resumed as of the day of the stay.
Detention during Period of Statutory Release
Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II or an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, the Commissioner shall cause the offender’s case to be reviewed by the Service.
The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that
in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,
the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or
the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or
in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.
If the Commissioner believes on reasonable grounds that an offender is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless
the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or
as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.
Where paragraph (3)(b) applies and the statutory release date has passed, the Commissioner shall, within two working days after the recalculation under that paragraph, make a determination whether a referral is to be made to the Chairperson of the Board pursuant to subsection (3) and, where appropriate, shall make a referral, and the offender is not entitled to be released on statutory release pending the determination.
At the request of the Board, the Service shall take all reasonable steps to provide the Board with any additional information that is relevant to a case referred pursuant to subsection (2) or (3).
Where the case of an offender is referred to the Chairperson of the Board pursuant to subsection (3) during the six months preceding the statutory release date of the offender, or on or after that date, the Board shall
if the case is referred to the Chairperson more than four weeks before that date, review the case pursuant to subsection 130(1) before that date;
if the case is referred to the Chairperson during the four weeks preceding that date but more than three days before that date,
review the case pursuant to subsection 130(1) before that date, if possible, or
make an interim review of the case before that date; or
if the case is
referred to the Chairperson on the statutory release date or during the three days preceding that date, or
referred to the Chairperson pursuant to paragraph (3)(b) after the statutory release date has passed,
make an interim review of the case during the three days following the day on which the case was so referred.
An interim review required by subsection (5) shall be made in the manner prescribed by the regulations.
On completion of an interim review pursuant to subsection (5), if the Board is of the opinion, on the basis of all the information provided, that a sufficient case is made for a review pursuant to subsection 130(1), the Board shall conduct a review of the case as soon as is practicable and not later than four weeks after the case was referred to the Chairperson of the Board.
The Commissioner may delegate to the correctional authorities of a province the powers of the Service and of the Commissioner under this section in relation to offenders who are serving their sentences in a correctional facility in that province.
In this section and sections 130 and 132,
serious drug offence means an offence set out in Schedule II; (infraction grave en matière de drogue)
sexual offence involving a child means
an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,
section 151 (sexual interference),
section 152 (invitation to sexual touching),
section 153 (sexual exploitation),
subsection 160(3) (bestiality in presence of child or inciting child to commit bestiality),
section 163.1 (child pornography),
section 170 (parent or guardian procuring sexual activity by child),
section 171 (householder permitting sexual activity by child),
section 172 (corrupting children),
section 172.1 (luring a child),
section 279.011 (trafficking — person under 18 years),
subsection 279.02(2) (material benefit — trafficking of person under 18 years),
subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
subsection 286.3(2) (procuring — person under 18 years);
an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,
section 155 (incest),
section 159 (anal intercourse),
subsections 160(1) and (2) (bestiality and compelling bestiality),
section 271 (sexual assault),
section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
section 273 (aggravated sexual assault);
an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:
subsection 212(2) (living on the avails of prostitution of person under 18 years), and
subsection 212(4) (prostitution of person under 18 years);
an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
section 146 (sexual intercourse with a female under 14),
section 151 (seduction of a female between 16 and 18), and
section 167 (householder permitting defilement);
an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
section 153 (sexual intercourse with step-daughter),
section 155 (buggery or bestiality),
section 157 (gross indecency), and
section 166 (parent or guardian procuring defilement); or
an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,
section 144 (rape),
section 145 (attempt to commit rape),
section 149 (indecent assault on female), and
section 156 (indecent assault on male). (infraction d’ordre sexuel à l’égard d’un enfant)
In determining whether an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, it is not necessary to determine whether the offender is likely to commit any particular offence.
Where the case of an offender is referred to the Board by the Service pursuant to subsection 129(2) or referred to the Chairperson of the Board by the Commissioner pursuant to subsection 129(3) or (3.1), the Board shall, subject to subsections 129(5), (6) and (7), at the times and in the manner prescribed by the regulations,
inform the offender of the referral and review, and
review the case,
and the Board shall cause all such inquiries to be conducted in connection with the review as it considers necessary.
An offender referred to in subsection (1) is not entitled to be released on statutory release before the Board renders its decision under this section in relation to the offender.
On completion of the review of the case of an offender referred to in subsection (1), the Board may order that the offender not be released from imprisonment before the expiration of the offender’s sentence according to law, except as provided by subsection (5), where the Board is satisfied
in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, or for an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person or a sexual offence involving a child before the expiration of the offender’s sentence according to law,
in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, or for an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit a serious drug offence before the expiration of the offender’s sentence according to law,
in the case of an offender whose case was referred to the Chairperson of the Board pursuant to subsection 129(3) or (3.1), that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender’s sentence according to law.
An order made under subsection (3) takes effect on the day on which it is made.
Where, before the expiration of a sentence in respect of which an order under subsection (3) has been made, an offender receives an additional sentence and the date of the expiration of the sentence that includes the additional sentence as provided by subsection 139(1) is later than the date of the expiration of the sentence that the offender was serving before the additional sentence was imposed,
the Board shall review the order at the time and in the manner prescribed by the regulations where, as a result of the additional sentence, the statutory release date has already passed or is within nine months after the day on which the offender received the additional sentence; and
the order is cancelled where, as a result of the additional sentence, the statutory release date is nine months or more after the day on which the offender received the additional sentence.
The Board shall, on completing a review under paragraph (3.2)(a)
confirm the order to prevent the release of the offender until the expiration of the sentence in respect of which the order was made; or
amend the order to prevent the release of the offender until the expiration of the sentence that includes the additional sentence as provided by subsection 139(1).
An offender in respect of whom an order, that is subject to review under paragraph (3.2)(a), has been made is not entitled to be released on statutory release before the Board renders its decision under subsection (3.3) in relation to the order.
Where the Board is not satisfied as provided in subsection (3) but is satisfied that
at the time the case was referred to it, the offender was serving a sentence that included a sentence for an offence set out in Schedule I or II, or for an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, and
in the case of an offence set out in Schedule I or an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, the commission of the offence caused the death of, or serious harm to, another person or the offence was a sexual offence involving a child,
it may order that if the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.
An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons.
Where an offender is ordered under subsection (3) or paragraph (3.3)(b) not to be released and is subsequently released pursuant to an order made under subparagraph 131(3)(a)(ii) or (iii) and the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.
[Repealed, 1995, c. 42, s. 45]
The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order.
Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order.
The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order.
The Board, on completing a review under subsection (1), shall
with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),
confirm the order,
order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or
order the statutory release of the offender without such a residence requirement; or
with respect to an order made under subparagraph (3)(a)(ii),
confirm or modify the order, or
order the statutory release of the offender without such a residence requirement.
A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.
The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).
For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law, including
a pattern of persistent violent behaviour established on the basis of any evidence, in particular,
the number of offences committed by the offender causing physical or psychological harm,
the seriousness of the offence for which the sentence is being served,
reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,
the use of a weapon in the commission of any offence by the offender,
explicit threats of violence made by the offender,
behaviour of a brutal nature associated with the commission of any offence by the offender, and
a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;
medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;
reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law; and
the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.
For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender’s sentence according to law, including
a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,
the number of sexual offences involving a child committed by the offender,
the seriousness of the offence for which the sentence is being served,
reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,
behaviour of a sexual nature associated with the commission of any offence by the offender, and
a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;
reliable information about the offender’s sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law;
medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;
reliable information compelling the conclusion that the offender is planning to commit such an offence; and
the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.
For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including
a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular,
the number of drug-related offences committed by the offender,
the seriousness of the offence for which the sentence is being served,
the type and quantity of drugs involved in any offence committed by the offender,
reliable information demonstrating that the offender remains involved in drug-related activities, and
a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;
medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;
reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and
the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.
Conditions of Release
In this section, releasing authority means
the Board, in respect of
parole,
statutory release, or
unescorted temporary absences authorized by the Board under subsection 116(1);
the Commissioner, in respect of unescorted temporary absences authorized by the Commissioner under subsection 116(2); or
the institutional head, in respect of unescorted temporary absences authorized by the institutional head under subsection 116(2).
Subject to subsection (6), every offender released on parole, statutory release or unescorted temporary absence is subject to the conditions prescribed by the regulations.
The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.
If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.
If a statement referred to in subsection (3.1) has been provided to the releasing authority and the releasing authority decides not to impose any conditions under that subsection, it shall provide written reasons for the decision.
For greater certainty, if no statement has been provided to the releasing authority, nothing in subsection (3.1) precludes the releasing authority from imposing any condition under subsection (3).
Where, in the opinion of the releasing authority, the circumstances of the case so justify, the releasing authority may require an offender, as a condition of parole or unescorted temporary absence, to reside in a community-based residential facility.
In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.
In subsection (4.1), community-based residential facility includes a community correctional centre but does not include any other penitentiary.
For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.
A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.
A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.
The releasing authority may, in accordance with the regulations, before or after the release of an offender,
in respect of conditions referred to in subsection (2), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or
in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.
Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.
An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender’s parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.
[Repealed, 2012, c. 1, s. 87]
Conditions for Long-Term Supervision
Subject to subsection (4), every offender who is required to be supervised by a long-term supervision order is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations, with such modifications as the circumstances require.
The Board may establish conditions for the long-term supervision of the offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.
If a victim, or a person referred to in subsection 142(3), has provided the Board with a statement describing the harm, property damage or loss suffered by them, as the result of the commission of an offence and its continuing impact on them — including any safety concerns — the Board shall impose any conditions on the long-term supervision of the offender that it considers reasonable and necessary to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.
If a statement referred to in subsection (2.1) has been provided to the Board and it decides not to impose any conditions under that subsection, it shall provide written reasons for its decision.
For greater certainty, if no statement has been provided to the Board, nothing in subsection (2.1) precludes the Board from imposing any condition under subsection (2).
A condition imposed under subsection (2) or (2.1) is valid for the period that the Board specifies.
The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender,
in respect of conditions referred to in subsection (1), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or
in respect of conditions imposed under subsection (2) or (2.1), remove or vary any such condition.
Before removing or varying any condition imposed under subsection (2.1) on an offender, the Board shall take reasonable steps to inform every victim or person who provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.
An offender who is supervised pursuant to a long-term supervision order shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, or given by the offender’s parole supervisor, respecting any conditions of long-term supervision in order to prevent a breach of any condition or to protect society.
[Repealed, 2012, c. 1, s. 88]
Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision
A member of the Board or a person, designated by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of parole or statutory release or when the member or person is satisfied that it is necessary and reasonable to suspend the parole or statutory release in order to prevent a breach of any condition thereof or to protect society, may, by warrant,
suspend the parole or statutory release;
authorize the apprehension of the offender; and
authorize the recommitment of the offender to custody until the suspension is cancelled, the parole or statutory release is terminated or revoked or the sentence of the offender has expired according to law.
If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed.
If an offender’s parole or statutory release is suspended under subsection (1.1), a member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize the offender’s apprehension and recommitment to custody until
the suspension is cancelled;
the parole or statutory release is terminated or revoked; or
the sentence expires according to law.
A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary.
Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, immediately after the recommitment of the offender, review the offender’s case and
where the offender is serving a sentence of less than two years, cancel the suspension or refer the case to the Board together with an assessment of the case, within fourteen days after the recommitment or such shorter period as the Board directs; or
in any other case, within thirty days after the recommitment or such shorter period as the Board directs, cancel the suspension or refer the case to the Board together with an assessment of the case stating the conditions, if any, under which the offender could in that person’s opinion reasonably be returned to parole or statutory release.
If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3).
The Board shall, on the referral to it of the case of an offender serving a sentence of less than two years, review the case and, within the period prescribed by the regulations, either cancel the suspension or terminate or revoke the parole.
The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless, at the offender’s request, the review is adjourned by the Board or is postponed by a member of the Board or by a person designated by the Chairperson by name or position —
if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,
terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and
revoke it in any other case;
if the Board is not satisfied as in paragraph (a), cancel the suspension; and
if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.
If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the parole or statutory release of an offender, may
reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour since release;
alter the conditions of the parole or statutory release; and
order the cancellation not to take effect until the expiration of a specified period not exceeding thirty days after the date of the Board’s decision, where the offender violated the conditions of parole or statutory release on the occasion of the suspension and on at least one previous occasion that led to a suspension of parole or statutory release during the offender’s sentence.
Where a person referred to in subsection (3) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.
If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be.
If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole.
If the Board exercises its power under subsection (6.3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.
Independently of subsections (1) to (6), where the Board is satisfied that the continued parole or statutory release of an offender would constitute an undue risk to society by reason of the offender reoffending before the expiration of the sentence according to law, the Board may, at any time,
where the offender is no longer eligible for the parole or entitled to be released on statutory release, terminate or revoke the parole or statutory release; or
where the offender is still eligible for the parole or entitled to be released on statutory release,
terminate the parole or statutory release, where the undue risk to society is due to circumstances beyond the offender’s control, or
revoke the parole or statutory release, where the undue risk to society is due to circumstances within the offender’s control.
The Board may exercise its power under subsection (7) notwithstanding any new sentence to which the offender becomes subject after being released on parole or statutory release, whether or not the new sentence is in respect of an offence committed before or after the offender’s release on parole or statutory release.
Where the Board exercises its power under subsection (7), it shall review its decision at times prescribed by the regulations, at which times it shall either confirm or cancel its decision.
Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who
is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or
as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.
If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated.
[Repealed, 2012, c. 1, s. 89]
For the purposes of this Part, an offender who is in custody by virtue of this section continues to serve the offender’s sentence.
For the purposes of this Act, where a suspension of parole or statutory release is cancelled, the offender is deemed, during the period beginning on the day of the issuance of the suspension and ending on the day of the cancellation of the suspension, to have been serving the sentence to which the parole or statutory release applies.
A member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of a long-term supervision order or a condition referred to in section 134.1 or when the member or person is satisfied that it is necessary and reasonable to suspend the long-term supervision in order to prevent a breach of any condition of it or to protect society, may, by warrant,
suspend the long-term supervision;
authorize the apprehension of the offender; and
authorize the commitment of the offender to a community-based residential facility or a mental health facility or, where the member or person is satisfied that commitment to custody is necessary, to custody until the suspension is cancelled, new conditions for the long-term supervision have been established or the offender is charged with an offence under section 753.3 of the Criminal Code.
The period of the commitment of the offender mentioned in paragraph (1)(c) must not exceed ninety days.
Where an offender is committed under paragraph (1)(c), the period of the commitment is included in the calculation of the period of long-term supervision ordered under a long-term supervision order, but if there is a period between the issuance of the warrant and the commitment to custody, that period is not included in that calculation.
A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is committed under paragraph (1)(c) in a place other than a penitentiary.
The person who signs a warrant pursuant to subsection (1), or any other person designated pursuant to that subsection, shall, immediately after the commitment of the offender, review the offender’s case and, as soon as possible but in any case no later than thirty days after the commitment, cancel the suspension or refer the case to the Board together with an assessment of the case.
The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),
cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or
[Repealed, 2012, c. 1, s. 90]
where the Board is satisfied that no appropriate program of supervision can be established that would adequately protect society from the risk of the offender reoffending, and that it appears that a breach has occurred, recommend that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
Where the Board recommends that an information be laid pursuant to paragraph (6)(c), the Service shall recommend to the Attorney General who has jurisdiction in the place in which the breach of the condition occurred that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the long-term supervision order of an offender, may
reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour while being supervised;
alter the conditions of the long-term supervision; and
order the cancellation not to take effect until the expiration of a specified period that ends on a date not later than the end of the ninety days referred to in subsection (2), in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender reoffending.
Where a person referred to in subsection (4) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.
A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if
their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or
their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).
A warrant of apprehension issued under section 11.1, 18, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a warrant, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.
A peace officer who believes on reasonable grounds that a warrant is in force under this Part or under the authority of a provincial parole board for the apprehension of a person may arrest the person without warrant and remand the person in custody.
Where a person has been arrested pursuant to subsection (2), the warrant of apprehension, or an electronically transmitted copy thereof, shall be executed within forty-eight hours after the arrest is made, failing which the person shall be released.
A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer
believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to
establish the identity of the person, or
prevent the continuation or repetition of the breach; and
does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
Where the parole or statutory release of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole or statutory release was terminated or revoked.
An offender whose parole or statutory release has been terminated is
eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be; and
entitled to be released on statutory release in accordance with section 127.
An offender whose parole or statutory release has been terminated is not liable to forfeit
any remission with which the offender was credited pursuant to the Prisons and Reformatories Act; or
any credits under the International Transfer of Offenders Act.
An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.
Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole or statutory release is revoked.
Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).
Merged Sentences
For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served.
This section does not affect the time of commencement, pursuant to subsection 719(1) of the Criminal Code, of any sentences that are deemed under this section to constitute one sentence.
Review Hearings
The Board shall conduct the review of the case of an offender by way of a hearing, conducted in whichever of the two official languages of Canada is requested by the offender, unless the offender waives the right to a hearing in writing or refuses to attend the hearing, in the following classes of cases:
the first review for day parole pursuant to subsection 122(1), except in respect of an offender serving a sentence of less than two years;
the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5), (5.01) or (5.1);
a review conducted under section 129 or subsection 130(1) or 131(1) or (1.1);
a review following a cancellation of parole; and
any review of a class specified in the regulations.
The Board may elect to conduct a review of the case of an offender by way of a hearing in any case not referred to in subsection (1).
Notwithstanding subsection (1), in respect of any class of offenders specified in the regulations, the Board may conduct a review referred to in paragraph (1)(a) or (b) without a hearing in order to decide whether
to grant parole, subject to the offender’s acceptance in writing of the conditions of parole; or
to hold a hearing before the rendering of a decision.
Subject to subsections (5) and (5.1), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to such conditions as the Board or person considers appropriate and after taking into account the offender’s views, permit a person who applies in writing therefor to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that
the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing;
the person’s presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim’s family or members of the offender’s family;
the person’s presence is likely to adversely affect an appropriate balance between that person’s or the public’s interest in knowing and the public’s interest in the effective reintegration of the offender into society; or
the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person’s presence.
Where in the course of a hearing the Board concludes that any of the possible situations described in subsection (4) is likely to exist, it may decide to continue the hearing in the absence of observers or of a particular observer.
In determining whether to permit a victim or a member of the victim’s family to attend as an observer at a hearing, the Board or its designate shall make every effort to fully understand the need of the victim and of the members of his or her family to attend the hearing and witness its proceedings. The Board or its designate shall permit a victim or a member of his or her family to attend as an observer unless satisfied that the presence of the victim or family member would result in a situation described in paragraph (4)(a), (b), (c) or (d).
If the Board or its designate decides under subsection (5.1) to not permit a victim or a member of his or her family to attend a hearing, the Board shall provide for the victim or family member to observe the hearing by any means that the Board considers appropriate.
[Repealed, 2015, c. 13, s. 49]
Where a review by the Board includes a hearing at which the offender is present, the Board shall permit the offender to be assisted by a person of the offender’s choice unless the Board would not permit the presence of that person as an observer pursuant to subsection (4).
A person referred to in subsection (7) is entitled
to be present at the hearing at all times when the offender is present;
to advise the offender throughout the hearing; and
to address, on behalf of the offender, the members of the Board conducting the hearing at times they adjudge to be conducive to the effective conduct of the hearing.
An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter at the hearing and for the purpose of understanding materials provided to the offender pursuant to subsection 141(1) and paragraph 143(2)(b).
If they are attending a hearing as an observer,
a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and
a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.
The Board shall, in deciding whether an offender should be released and what conditions might be applicable to the release, take into consideration any statement that has been presented in accordance with paragraph (10)(a) or (b).
If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form prescribed by the regulations.
A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).
Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.
If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.
Despite any other provision of this Act, if an offender has, on more than one occasion, refused to attend a review hearing or waived his or her right to a review hearing less than 15 days before the date scheduled for the hearing without providing a reasonable explanation for doing so, the Board may cancel the next review hearing to which the offender would otherwise be entitled to under this Act.
If a transcript of the hearing has been made, the Board shall, on written request and free of charge, provide a copy to the offender and a copy to the victim or a member of the victim’s family. However, the copy provided to the victim or member of the victim’s family shall not include any portion of the transcript of a part of the hearing that, under subsection 140(5), was or would have been continued in the absence of observers or of a particular observer.
The Board may delete from a copy of the transcript any personal information about a person other than the offender, the victim or a member of the victim’s family.
Information discussed or referred to in the transcript of the hearing are not publicly available for the purposes of the Access to Information Act or the Privacy Act.
Disclosure of Information
At least fifteen days before the day set for the review of the case of an offender, the Board shall provide or cause to be provided to the offender, in writing, in whichever of the two official languages of Canada is requested by the offender, the information that is to be considered in the review of the case or a summary of that information.
Where information referred to in subsection (1) comes into the possession of the Board after the time prescribed in that subsection, that information or a summary of it shall be provided to the offender as soon as is practicable thereafter.
An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines.
Where the Board has reasonable grounds to believe
that any information should not be disclosed on the grounds of public interest, or
that its disclosure would jeopardize
the safety of any person,
the security of a correctional institution, or
the conduct of any lawful investigation,
the Board may withhold from the offender as much information as is strictly necessary in order to protect the interest identified in paragraph (a) or (b).
At the request of a victim of an offence committed by an offender, the Chairperson
shall disclose to the victim the following information about the offender:
the offender’s name,
the offence of which the offender was convicted and the court that convicted the offender,
the date of commencement and length of the sentence that the offender is serving, and
eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,
the offender’s age,
the location of the penitentiary in which the sentence is being served,
the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
the date of any hearing for the purposes of a review under section 130,
any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,
the destination of the offender when released on unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,
whether the offender is in custody and, if not, the reason that the offender is not in custody,
whether or not the offender has appealed a decision of the Board under section 147, and the outcome of that appeal, and
the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.
Where an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson of the Board may, at the request of a victim of an offence committed by the offender, disclose to the victim the name of the province in which the provincial facility is located if in the Chairperson’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure.
Subsections (1) and (2) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson
that person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf. In that case, the victim shall provide the Chairperson with the representative’s contact information.
A victim who has made a request referred to in subsection (1) or (2) may inform the Chairperson in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson shall not contact them or their representative, if any, unless the victim subsequently makes the request again.
The Chairperson may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Chairperson has made reasonable efforts to contact the victim and has failed to do so.
Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b).
The manner and form of making requests to the Chairperson under subsection (1) or (2), and how those requests are to be dealt with, may be provided for by the regulations.
In this section, “Chairperson” includes a person or class of persons designated, by name or by position, by the Chairperson.
Records of Reviews and Decisions
Where the Board conducts a review of the case of an offender by way of a hearing, it shall maintain a record of the proceedings for the period prescribed by the regulations.
Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall
record the decision and the reasons for the decision, and maintain a copy of the decision and reasons for the period prescribed by the regulations; and
provide the offender with a copy of the decision and the reasons for the decision, in whichever of the two official languages of Canada is requested by the offender, within the period prescribed by the regulations.
The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions.
A person who demonstrates an interest in a case may, on written application to the Board, have access to the contents of the registry relating to that case, other than information the disclosure of which could reasonably be expected
to jeopardize the safety of any person;
to reveal a source of information obtained in confidence; or
if released publicly, to adversely affect the reintegration of the offender into society.
Subject to any conditions prescribed by the regulations, any person may have access for research purposes to the contents of the registry, other than the name of any person, information that could be used to identify any person or information the disclosure of which could jeopardize any person’s safety.
Notwithstanding subsection (2), where any information contained in a decision in the registry has been considered in the course of a hearing held in the presence of observers, any person may, on application in writing, have access to that information in the registry.
At the request of a victim, or a person referred to in subsection 142(3), the Board shall, despite section 144, provide the victim or person with a copy of any decision rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code in relation to the offender and its reasons for that decision, unless doing so could reasonably be expected
to jeopardize the safety of any person;
to reveal a source of information obtained in confidence; or
to prevent the successful reintegration of the offender into society.
Review and Evidence
A decision, order, warrant or certificate purporting to be signed by a member of the Board or a person designated by the Chairperson of the Board is admissible in any court and is evidence of its contents without proof of the signature or official character of the person appearing to have signed it.
Organization of the Board
Appeal Division
There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.
A member of the Appeal Division may not sit on an appeal from a decision in which the member participated.
A member of a panel of the Appeal Division that orders a new review of a case pursuant to subsection 147(4) may not sit on the panel of the Board that reviews the case or on a panel of the Appeal Division that subsequently reviews the case on an appeal.
Appeal to Appeal Division
An offender may appeal a decision of the Board to the Appeal Division on the ground that the Board, in making its decision,
failed to observe a principle of fundamental justice;
made an error of law;
breached or failed to apply a policy adopted pursuant to subsection 151(2);
based its decision on erroneous or incomplete information; or
acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.
The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson,
the appeal is frivolous or vexatious;
the relief sought is beyond the jurisdiction of the Board;
the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or
at the time the notice of appeal is received by the Appeal Division, the offender has ninety days or less to serve before being released from imprisonment.
The time within which and the manner in which a decision of the Board may be appealed shall be as prescribed by the regulations.
The Appeal Division, on the completion of a review of a decision appealed from, may
affirm the decision;
affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review;
order a new review of the case by the Board and order the continuation of the decision pending the review; or
reverse, cancel or vary the decision.
The Appeal Division shall not render a decision under subsection (4) that results in the immediate release of an offender from imprisonment unless it is satisfied that
the decision appealed from cannot reasonably be supported in law, under the applicable policies of the Board, or on the basis of the information available to the Board in its review of the case; and
a delay in releasing the offender from imprisonment would be unfair.
Head Office and Regions
The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act, but meetings of the Board or of the Executive Committee of the Board may be held at such times and places as the Chairperson of the Board directs.
The Board shall maintain at least one regional office at a place determined by the Chairperson, after consultation with the Minister, in each of the following regions of Canada, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region.
There shall be regional divisions of the Board consisting of the members assigned to them, who shall exercise such functions of the Board, under this or any other Act of Parliament, as are designated by the Chairperson of the Board for a region or, where there is more than one regional office in a region, for the portion of a region designated by the Chairperson.
Full-time members of the Board assigned to a regional division pursuant to subsection 105(3) shall reside within reasonable commuting distance of the office of that division.
Any act or thing done or any decision rendered by a panel of the Board constituted pursuant to subsection 105(6) is, for the purposes of this Part, an act or thing done or a decision rendered by the Board.
A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Vice-Chairperson for each regional division of the Board.
A Vice-Chairperson for a division is responsible to the Chairperson for the professional conduct, training, and quality of decision-making of Board members assigned to that division.
General
There shall be an Executive Committee of the Board consisting of the Chairperson, the Executive Vice-Chairperson, the Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons and two other members of the Board designated by the Chairperson after consultation with the Minister.
The Executive Committee
shall, after such consultation with Board members as it considers appropriate, adopt policies relating to reviews under this Part;
shall, where requested by the Chairperson, advise the Chairperson on any other matters concerning the functions of the Board or of the Chairperson under this or any other Act of Parliament; and
may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations.
Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.
Meetings of the Executive Committee shall be chaired by the Chairperson.
The Chairperson of the Board is its chief executive officer and as such has supervision over and direction of the work and the staff of the Board, and the Chairperson shall chair general meetings of the Board.
The Chairperson may direct that a member of the Board not participate in a review panel where, in the opinion of the Chairperson, the participation of the member in the review may result in a reasonable apprehension of bias.
The Chairperson may direct that the number of members required to constitute a panel for the review of any particular case shall be greater than the number fixed by the regulations.
The Chairperson may appoint a person or persons to investigate and report on any matter relating to the operations of the Board, and sections 7 to 13 of the Inquiries Act apply in respect of such investigations, with such modifications as the circumstances require, as if the references to “commissioners” in those sections were references to the person or persons so appointed.
The Chairperson may authorize any full-time member of the Board to exercise any of the Chairperson’s functions under this Part, in accordance with any conditions specified by the Chairperson, and a function so exercised shall be deemed to have been exercised by the Chairperson.
Where the Chairperson is authorized by this Part to designate a person to exercise a power, the Chairperson may specify the conditions under which that person may exercise the power.
In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Executive Vice-Chairperson may exercise all the powers of the Chairperson.
In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Executive Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.
Each full-time and substitute member of the Board shall be paid such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the administrative centre to which the member is assigned.
An employee in the public service appointed as a full-time member of the Board shall be given leave of absence without pay from the public service.
Each part-time member of the Board shall be paid such remuneration as is fixed by the Governor in Council for each day that the member is serving as such, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the member’s ordinary place of residence.
The full-time members and employees of the Board shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
No criminal or civil proceedings lie against a member of the Board for anything done or said in good faith in the exercise or purported exercise of the functions of a member of the Board under this or any other Act of Parliament.
A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament.
A full-time member of the Board shall not hold any office or engage in any occupation incompatible with the exercise of the member’s functions under this or any other Act of Parliament.
A member of the Board may not participate in a review of a case in circumstances where a reasonable apprehension of bias may result from the participation of that member.
The Chairperson may recommend to the Minister that an inquiry be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures for any reason set out in any of paragraphs 155.2(2)(a) to (d).
If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.
A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
to issue to any person a summons requiring the person to appear at the time and place mentioned in the summons to testify with respect to all matters within the person’s knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and
to administer oaths and examine any person on oath.
Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.
A judge conducting an inquiry under this section may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry where the judge is satisfied that, during the inquiry or as a result of the inquiry being conducted in public, as the case may be,
matters involving public security may be disclosed;
financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosures of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public; or
there is a reasonable likelihood that the life, liberty or security of a person would be endangered.
Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).
A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.
A judge conducting an inquiry under this section may grant standing to the hearing to any party where the judge determines such an order to be appropriate.
Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister.
Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held
has become incapacitated from the due execution of the member’s office by reason of infirmity,
is guilty of misconduct,
has failed in the due execution of the member’s office, or
has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member’s office,
the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such disciplinary or remedial measure as the judge considers necessary be taken.
Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure.
Regulations
The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation, including defining terms that are to be defined in the regulations for the purposes of this Part, and, generally, for carrying out the purposes and provisions of this Part.
Regulations may be made pursuant to subsection (1) that are applicable
in respect of offenders within the jurisdiction of a provincial parole board; and
in respect of a specified class, or specified classes, of offenders.
The Governor in Council may, by regulation, amend Schedule I or II.
The Governor in Council may make regulations respecting the method of determining
pursuant to sections 120 to 120.3, the period that an offender must serve before being eligible for parole;
pursuant to section 127, the period that an offender must serve before being entitled to statutory release; and
the manner in which subsection 139(1) applies in respect of sentences.
Correctional Investigator
Interpretation
In this Part,
Commissioner has the same meaning as in Part I; (commissaire)
Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; (enquêteur correctionnel)
long-term supervision has the same meaning as in Part I; (surveillance de longue durée)
Minister has the same meaning as in Part I; (ministre)
offender has the same meaning as in Part II; (délinquant)
parole has the same meaning as in Part II; (libération conditionnelle)
penitentiary has the same meaning as in Part I; (pénitencier)
provincial parole board has the same meaning as in Part II; (commission provinciale)
statutory release has the same meaning as in Part II. (libération d’office)
A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part.
Correctional Investigator
The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.
A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada.
The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.
The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.
The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part.
The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the public service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
The Correctional Investigator is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Management
The Correctional Investigator has the control and management of all matters connected with the office of the Correctional Investigator.
Staff
Such officers and employees as are necessary to enable the Correctional Investigator to perform the function and duties of the Correctional Investigator under this Part shall be appointed in accordance with the Public Service Employment Act.
The Correctional Investigator may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Correctional Investigator to advise and assist the Correctional Investigator in the performance of the function and duties of the Correctional Investigator under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Oath of Office
The Correctional Investigator and every person appointed pursuant to section 161 or subsection 165(1) shall, before commencing the duties of office, take the following oath of office:
“I, (name), swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (Correctional Investigator, Acting Correctional Investigator or officer or employee of the Correctional Investigator). So help me God.”
Function
It is the function of the Correctional Investigator to conduct investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affect offenders either individually or as a group.
In performing the function referred to in subsection (1), the Correctional Investigator may not investigate
any decision, recommendation, act or omission of
the Parole Board of Canada in the exercise of its exclusive jurisdiction under this Act, or
any provincial parole board in the exercise of its exclusive jurisdiction;
any problem of an offender related to the offender’s confinement in a provincial correctional facility, whether or not the confinement is pursuant to an agreement between the federal government and the government of the province in which the provincial correctional facility is located; and
any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole, statutory release subject to supervision or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province.
Notwithstanding paragraph (2)(b), the Correctional Investigator may, in any province that has not appointed a provincial parole board, investigate the problems of offenders confined in provincial correctional facilities in that province related to the preparation of cases of parole by any person under the control and management of, or performing services for or on behalf of, the Commissioner.
Where any question arises as to whether the Correctional Investigator has jurisdiction to investigate any particular problem, the Correctional Investigator may apply to the Federal Court for a declaratory order determining the question.
Information Program
The Correctional Investigator shall maintain a program of communicating information to offenders concerning
the function of the Correctional Investigator;
the circumstances under which an investigation may be commenced by the Correctional Investigator; and
the independence of the Correctional Investigator.
Investigations
The Correctional Investigator may commence an investigation
on the receipt of a complaint by or on behalf of an offender;
at the request of the Minister; or
on the initiative of the Correctional Investigator.
The Correctional Investigator has full discretion as to
whether an investigation should be conducted in relation to any particular complaint or request;
how every investigation is to be carried out; and
whether any investigation should be terminated before its completion.
In the course of an investigation, the Correctional Investigator may hold any hearing and make such inquiries as the Correctional Investigator considers appropriate, but no person is entitled as of right to be heard by the Correctional Investigator.
Every hearing held by the Correctional Investigator shall be in camera unless the Correctional Investigator decides otherwise.
In the course of an investigation, the Correctional Investigator may require any person
to furnish any information that, in the opinion of the Correctional Investigator, the person may be able to furnish in relation to the matter being investigated; and
subject to subsection (2), to produce, for examination by the Correctional Investigator, any document, paper or thing that, in the opinion of the Correctional Investigator, relates to the matter being investigated and that may be in the possession or under the control of that person.
The Correctional Investigator shall return any document, paper or thing produced pursuant to paragraph (1)(b) to the person who produced it within ten days after a request therefor is made to the Correctional Investigator, but nothing in this subsection precludes the Correctional Investigator from again requiring its production in accordance with paragraph (1)(b).
The Correctional Investigator may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).
In the course of an investigation, the Correctional Investigator may summon and examine on oath
where the investigation is in relation to a complaint, the complainant, and
any person who, in the opinion of the Correctional Investigator, is able to furnish any information relating to the matter being investigated,
and for that purpose may administer an oath.
Where a person is summoned pursuant to subsection (1), that person may be represented by counsel during the examination in respect of which the person is summoned.
For the purposes of this Part, the Correctional Investigator may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Commissioner and inspect the premises and carry out therein any investigation or inspection.
Findings, Reports and Recommendations
Where the Correctional Investigator decides not to conduct an investigation in relation to a complaint or a request from the Minister or decides to terminate such an investigation before its completion, the Correctional Investigator shall inform the complainant or the Minister, as the case may be, of that decision and, if the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Where, after conducting an investigation in relation to a complaint, the Correctional Investigator concludes that the complaint has not been substantiated, the Correctional Investigator shall inform the complainant of that conclusion and, where the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Where, after conducting an investigation, the Correctional Investigator determines that a problem referred to in section 167 exists in relation to one or more offenders, the Correctional Investigator shall inform
the Commissioner, or
where the problem arises out of the exercise of a power delegated by the Chairperson of the Parole Board of Canada to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the Parole Board of Canada
of the problem and the particulars thereof.
Where, after conducting an investigation, the Correctional Investigator is of the opinion that the decision, recommendation, act or omission to which a problem referred to in section 167 relates
appears to have been contrary to law or to an established policy,
was unreasonable, unjust, oppressive or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act or a practice or policy that is or may be unreasonable, unjust, oppressive or improperly discriminatory, or
was based wholly or partly on a mistake of law or fact,
the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of the problem.
Where, after conducting an investigation, the Correctional Investigator is of the opinion that in the making of the decision or recommendation, or in the act or omission, to which a problem referred to in section 167 relates a discretionary power has been exercised
for an improper purpose,
on irrelevant grounds,
on the taking into account of irrelevant considerations, or
without reasons having been given,
the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of the problem.
When informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of a problem, the Correctional Investigator may make any recommendation that the Correctional Investigator considers appropriate.
In making recommendations in relation to a decision, recommendation, act or omission referred to in subsection 167(1), the Correctional Investigator may, without restricting the generality of subsection (1), recommend that
reasons be given to explain why the decision or recommendation was made or the act or omission occurred;
the decision, recommendation, act or omission be referred to the appropriate authority for further consideration;
the decision or recommendation be cancelled or varied;
the act or omission be rectified; or
the law, practice or policy on which the decision, recommendation, act or omission was based be altered or reconsidered.
Neither the Commissioner nor the Chairperson of the Parole Board of Canada is bound to act on any finding or recommendation made under this section.
If, within a reasonable time after informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of a problem, no action is taken that seems to the Correctional Investigator to be adequate and appropriate, the Correctional Investigator shall inform the Minister of that fact and provide the Minister with whatever information was originally provided to the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be.
Where an investigation is in relation to a complaint, the Correctional Investigator shall, in such manner and at such time as the Correctional Investigator considers appropriate, inform the complainant of the results of the investigation, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Confidentiality
Subject to this Part, the Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall not disclose any information that comes to their knowledge in the exercise of their powers or the performance of their functions and duties under this Part.
Subject to subsection (2), the Correctional Investigator may disclose or may authorize any person acting on behalf or under the direction of the Correctional Investigator to disclose information
that, in the opinion of the Correctional Investigator, is necessary to
carry out an investigation, or
establish the grounds for findings and recommendations made under this Part; or
in the course of a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.
The Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, any information the disclosure of which could reasonably be expected
to disclose information obtained or prepared in the course of lawful investigations pertaining to
the detection, prevention or suppression of crime,
the enforcement of any law of Canada or a province, where the investigation is ongoing, or
activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,
if the information came into existence less than twenty years before the anticipated disclosure;
to be injurious to the conduct of any lawful investigation;
in respect of any individual under sentence for an offence against any Act of Parliament, to
lead to a serious disruption of that individual’s institutional or conditional release program, or
result in physical or other harm to that individual or any other person;
to disclose advice or recommendations developed by or for a government institution within the meaning of the Access to Information Act or a minister of the Crown; or
to disclose confidences of the Queen’s Privy Council for Canada referred to in section 196.
For the purposes of paragraph (2)(b), investigation means an investigation that
pertains to the administration or enforcement of an Act of Parliament or of a province; or
is authorized by or pursuant to an Act of Parliament or of a province.
Notwithstanding any provision in any Act or regulation, where
a letter written by an offender is addressed to the Correctional Investigator, or
a letter written by the Correctional Investigator is addressed to an offender,
the letter shall immediately be forwarded unopened to the Correctional Investigator or to the offender, as the case may be, by the person in charge of the institution at which the offender is incarcerated.
Delegation
The Correctional Investigator may authorize any person to exercise or perform, subject to such restrictions or limitations as the Correctional Investigator may specify, the function, powers and duties of the Correctional Investigator under this Part except
the power to delegate under this section; and
the duty or power to make a report to the Minister under section 192 or 193.
Every delegation under this section is revocable at will and no delegation prevents the exercise or performance by the Correctional Investigator of the delegated function, powers and duties.
In the event that the Correctional Investigator who makes a delegation under this section ceases to hold office, the delegation continues in effect so long as the delegate continues in office or until revoked by a succeeding Correctional Investigator.
Relationship With Other Acts
The power of the Correctional Investigator to conduct investigations exists notwithstanding any provision in any Act to the effect that the matter being investigated is final and that no appeal lies in respect thereof or that the matter may not be challenged, reviewed, quashed or in any way called into question.
The power of the Correctional Investigator to conduct investigations is in addition to the provisions of any other Act or rule of law under which
any remedy or right of appeal or objection is provided for any person, or
any procedure is provided for the inquiry into or investigation of any matter,
and nothing in this Part limits or affects any such remedy, right of appeal, objection or procedure.
Legal Proceedings
Except on the ground of lack of jurisdiction, nothing done by the Correctional Investigator, including the making of any report or recommendation, is liable to be challenged, reviewed, quashed or called into question in any court.
No criminal or civil proceedings lie against the Correctional Investigator, or against any person acting on behalf or under the direction of the Correctional Investigator, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator.
The Correctional Investigator or any person acting on behalf or under the direction of the Correctional Investigator is not a competent or compellable witness in respect of any matter coming to the knowledge of the Correctional Investigator or that person in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator, in any proceedings other than a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.
For the purposes of any law relating to libel or slander,
anything said, any information furnished or any document, paper or thing produced in good faith in the course of an investigation by or on behalf of the Correctional Investigator under this Part is privileged; and
any report made in good faith by the Correctional Investigator under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
Offence and Punishment
Every person who
without lawful justification or excuse, wilfully obstructs, hinders or resists the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator,
without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Correctional Investigator or any other person under this Part, or
wilfully makes any false statement to or misleads or attempts to mislead the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator
is guilty of an offence punishable on summary conviction and liable to a fine not exceeding two thousand dollars.
Annual and Special Reports
The Correctional Investigator shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Correctional Investigator during that year, and the Minister shall cause every such report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.
The Correctional Investigator may, at any time, make a special report to the Minister referring to and commenting on any matter within the scope of the function, powers and duties of the Correctional Investigator where, in the opinion of the Correctional Investigator, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for the submission of the next annual report to the Minister under section 192, and the Minister shall cause every such special report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.
Where the Correctional Investigator decides to hold hearings in public in relation to any investigation, the Correctional Investigator shall indicate in relation to that investigation, in the report submitted under section 192, the reasons why the hearings were held in public.
Where it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 192 or 193 any comment or information that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall give that person or organization a reasonable opportunity to make representations respecting the comment or information and shall include in the report a fair and accurate summary of those representations.
Confidences of the Queen’s Privy Council
The powers of the Correctional Investigator under sections 172, 173 and 174 do not apply with respect to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,
memoranda the purpose of which is to present proposals or recommendations to Council;
discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;
agenda of Council or records recording deliberations or decisions of Council;
records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;
records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);
draft legislation; and
records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).
For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.
Subsection (1) does not apply with respect to
confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or
discussion papers described in paragraph (1)(b)
if the decisions to which the discussion papers relate have been made public, or
where the decisions have not been made public, if four years have passed since the decisions were made.
Regulations
The Governor in Council may make such regulations as the Governor in Council deems necessary for carrying out the purposes and provisions of this Part.
Her Majesty
This Part is binding on Her Majesty in right of Canada.
Consequential and Related Amendments, Repeal and Transitional Provisions and Coming into Force
Criminal Code
[Amendments]
[Repealed, 1995, c. 42, s. 61]
Prisons and Reformatories Act
[Amendments]
Transfer of Offenders Act
[Amendments]
Department of the Solicitor General Act
[Amendment]
Repeal
[Repeals]
References
[Amendments]
Transitional Provisions
The person holding office as Commissioner of Corrections on the coming into force of section 214 continues in office as Commissioner and shall be deemed to have been appointed under Part I of this Act.
Any agreements made under the Penitentiary Act or the Prisons and Reformatories Act and in existence on the coming into force of section 214, to the extent that they are authorized to be entered into under subsection 15(3) or 16(1) of this Act, shall be deemed to have been entered into under that subsection.
Any agreements made under the Parole Act and in existence on the coming into force of section 213, to the extent that they are authorized to be entered into under section 114 of this Act, shall be deemed to have been entered into under that section.
Any temporary absence authorized under section 28 or 29 of the Penitentiary Act shall, on the coming into force of section 214, be dealt with as if it had been authorized under section 17 of this Act.
All matters relating to administrative segregation and disciplinary offences shall, on the coming into force of section 214, be dealt with in accordance with Part I of this Act.
In this section and sections 222 to 227,
commencement day means the day on which section 213 comes into force; (entrée en vigueur)
former Act means the Parole Act as it read immediately before the commencement day; (loi antérieure)
former Board means the National Parole Board established by section 3 of the former Act. (ancienne Commission)
A person who, immediately before the commencement day, was a full-time or temporary member of the former Board shall be deemed to have been appointed on the commencement day pursuant to section 103 to hold that office on the Board for a term equal to the remainder of the term for which the person was appointed.
The persons who, immediately before the commencement day, were Chairman and Vice-Chairman of the former Board shall be deemed to have been designated on the commencement day pursuant to section 104 to hold the offices of Chairperson and Executive Vice-Chairperson, respectively.
The repeal of the former Act does not affect the designation of a person who, immediately before the commencement day, was a person designated by the Minister pursuant to section 8 of the former Act, who may continue to conduct, as a regional community representative of the Board, the reviews of the classes of cases of offenders referred to in that section for the remainder of the term for which the person was designated.
A person referred to in subsection (3) shall be paid such remuneration as is fixed by the Governor in Council for each day that the person is performing duties referred to in that subsection, and is entitled to be paid reasonable travel and living expenses incurred while performing those duties away from the person’s ordinary place of residence.
A review of the case of an offender begun under the former Act shall be continued after the commencement day as if it had been begun under this Act.
Any parole granted or temporary absence authorized under the former Act shall, on and after the commencement day, be dealt with as if it had been granted or authorized under Part II of this Act.
Any person who is at large and subject to mandatory supervision under the former Act immediately before the commencement day shall be deemed, after that day, to be on statutory release under Part II of this Act.
Subject to subsection (1.1), paragraph 119(1)(c) does not apply in respect of an offender who is serving a sentence imposed before November 1, 1992, but the corresponding provisions of the former Act and the regulations made under that Act apply in respect thereof as if they were provisions of this Act.
Paragraph 119(1)(c) applies in respect of an offender who is serving a sentence imposed before November 1, 1992 where the offender receives an additional sentence on or after that day and, as a result, the offender is deemed, pursuant to section 139, to have been sentenced to one sentence.
[Repealed, 2011, c. 11, s. 7]
Where an offender who was serving a sentence before the commencement day is sentenced, before that sentence expires and after the coming into force of section 743.6 of the Criminal Code, to another sentence for an offence referred to in that section that was prosecuted by way of indictment, and the court determines pursuant to that section that the offender shall serve one half of the sentence imposed by it, that offender may be released on full parole after having served a period of imprisonment equal to the lesser of one half or ten years of that other sentence and, in addition,
where the two sentences are to be served concurrently, one third of any portion of the first sentence that is not served concurrently with the other sentence; or
where the two sentences are to be served consecutively, the lesser of
one third of the first sentence, and
the portion of the sentence that would have had to be served before full parole could have been granted in the event that the two sentences were to have been served concurrently.
No offender referred to in subsection (1) is required to serve more than one half of the offender’s sentence before becoming eligible to be released on full parole.
Where a person was released before the commencement day subject to mandatory supervision following an order referred to in section 26.1 of the Penitentiary Act and the release subject to mandatory supervision is revoked under Part II of this Act, the offender is not entitled to be released thereafter on statutory release under that Part.
Any remission that was forfeited under subsection 25(6) of the Penitentiary Act, as that Act read immediately before November 1, 1992, is deemed, as of November 1, 1992, to be recredited and the offender continues to be subject to the order under subsection 21.4(4) of the Parole Act, as that Act read immediately before November 1, 1992, as if the order had been made under section 130 of this Act.
[Amendments]
The person holding office as Correctional Investigator under the Inquiries Act immediately before the coming into force of this section continues in office as Correctional Investigator and shall be deemed to have been appointed under Part III of this Act for a term of one year beginning on the coming into force of this section.
A person whose services were engaged by the Correctional Investigator on a full-time basis pursuant to the Inquiries Act during any period immediately before the coming into force of this section shall be deemed to have been appointed in accordance with the Public Service Employment Act on the coming into force of this section, unless the person otherwise elects in writing within ninety days after the coming into force of this section.
Notwithstanding subsection (1) of this section and section 28 of the Public Service Employment Act, a person who is deemed by subsection (1) of this section to have been appointed in accordance with the Public Service Employment Act
is not subject to probation under that Act if the person’s services were engaged on a full-time basis by the Correctional Investigator during a period of at least one year immediately before the coming into force of this section; or
is subject to probation under that Act for a period equal to one year minus the period during which the person’s services were engaged on a full-time basis by the Correctional Investigator immediately before the coming into force of this section, where the latter period is less than one year.
Review of Detention Provisions
Three years after the coming into force of sections 129 to 132, a comprehensive review of the operation of those sections shall be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons for that purpose.
The committee referred to in subsection (1) shall, within one year after a review is undertaken pursuant to that subsection or within such further time as the House of Commons may authorize, submit a report on the review to the House of Commons.
Review of Whole Act
Five years after the coming into force of this Act, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose.
The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report to Parliament including a statement of any changes the committee recommends.
Coming into Force
This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.[Note: Act, except section 204, in force November 1, 1992, see SI/92-197; section 204 repealed by 1995, c. 42, s. 61, in force January 24, 1996, see SI/96-10.]
An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:
sections 46 and 47 (high treason);
section 75 (piratical acts);
section 76 (hijacking);
section 77 (endangering safety of aircraft or airport);
section 78.1 (seizing control of ship or fixed platform);
paragraph 81(1)(a), (b) or (d) (use of explosives);
paragraph 81(2)(a) (causing injury with intent);
section 83.18 (participation in activity of terrorist group);
section 83.19 (facilitating terrorist activity);
section 83.2 (commission of offence for terrorist group);
section 83.21 (instructing to carry out activity for terrorist group);
section 83.22 (instructing to carry out terrorist activity);
subsection 83.221(1) (advocating or promoting commission of terrorism offences);
subsection 85(1) (using firearm in commission of offence);
subsection 85(2) (using imitation firearm in commission of offence);
section 87 (pointing a firearm);
section 98 (breaking and entering to steal firearm);
section 98.1 (robbery to steal firearm);
section 144 (prison breach);
section 151 (sexual interference);
section 152 (invitation to sexual touching);
section 153 (sexual exploitation);
section 153.1 (sexual exploitation of person with disability);
section 155 (incest);
section 159 (anal intercourse);
section 160 (bestiality, compelling, in presence of or by child);
section 163.1 (child pornography);
section 170 (parent or guardian procuring sexual activity by child);
section 171 (householder permitting sexual activity by or in presence of child);
section 172 (corrupting children);
section 172.1 (luring a child);
[Repealed, 2014, c. 25. s. 42]
section 220 (causing death by criminal negligence);
section 221 (causing bodily harm by criminal negligence);
section 236 (manslaughter);
section 239 (attempt to commit murder);
section 244 (discharging firearm with intent);
section 244.1 (causing bodily harm with intent — air gun or pistol);
section 244.2 (discharging firearm — recklessness);
section 245 (administering noxious thing);
section 246 (overcoming resistance to commission of offence);
section 247 (traps likely to cause bodily harm);
section 249.4 (dangerous operation of motor vehicle while street racing);
section 249.3 (causing bodily harm by criminal negligence (street racing));
section 249.2 (causing death by criminal negligence (street racing));
subsections 249.1(3) and (4) (flight causing bodily harm or death);
subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death);
subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
section 248 (interfering with transportation facilities);
section 264 (criminal harassment);
section 264.1 (uttering threats);
section 266 (assault);
section 267 (assault with a weapon or causing bodily harm);
section 268 (aggravated assault);
section 269 (unlawfully causing bodily harm);
section 269.1 (torture);
section 270 (assaulting a peace officer);
section 270.01 (assaulting peace officer with weapon or causing bodily harm);
section 270.02 (aggravated assault of peace officer);
section 271 (sexual assault);
section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
section 273 (aggravated sexual assault);
section 273.3 (removal of child from Canada);
section 279 (kidnapping and forcible confinement);
section 279.011 (trafficking — person under 18 years);
subsection 279.02(2) (material benefit — trafficking of person under 18 years);
subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);
section 279.1 (hostage taking);
subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);
subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);
subsection 286.3(2) (procuring — person under 18 years);
sections 343 and 344 (robbery);
section 346 (extortion);
subsection 430(2) (mischief that causes actual danger to life);
section 431 (attack on premises, residence or transport of internationally protected person);
section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);
subsection 431.2(2) (explosive or other lethal device);
section 433 (arson — disregard for human life);
section 434.1 (arson — own property);
section 436 (arson by negligence); and
paragraph 465(1)(a) (conspiracy to commit murder).
An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990, that was prosecuted by way of indictment:
section 433 (arson);
section 434 (setting fire to other substance); and
section 436 (setting fire by negligence).
An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment:
section 144 (rape);
section 145 (attempt to commit rape);
section 149 (indecent assault on female);
section 156 (indecent assault on male);
section 245 (common assault); and
section 246 (assault with intent).
An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment:
section 146 (sexual intercourse with a female under 14);
section 151 (seduction of a female between 16 and 18);
section 153 (sexual intercourse with step-daughter);
section 155 (buggery or bestiality);
section 157 (gross indecency);
section 166 (parent or guardian procuring defilement); and
section 167 (householder permitting defilement).
The offence of breaking and entering a place and committing an indictable offence therein, as provided for by paragraph 348(1)(b) of the Criminal Code, where the indictable offence is an offence set out in sections 1 to 4 of this Schedule and its commission
is specified in the warrant of committal;
is specified in the Summons, Information or Indictment on which the conviction has been registered;
is found in the reasons for judgment of the trial judge; or
is found in a statement of facts admitted into evidence pursuant to section 655 of the Criminal Code.
If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.
An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:
subsection 212(2) (living on the avails of prostitution of person under 18 years);
subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years); and
subsection 212(4) (prostitution of person under 18 years).
An offence under any of the following provisions of the Crimes Against Humanity and War Crimes Act:
section 4 (genocide, etc., committed in Canada);
section 5 (breach of responsibility committed in Canada by military commanders or other superiors);
section 6 (genocide, etc., committed outside Canada); and
section 7 (breach of responsibility committed outside Canada by military commanders or other superiors).
An offence under any of the following provisions of the Narcotic Control Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:
section 4 (trafficking);
section 5 (importing and exporting);
section 6 (cultivation);
section 19.1 (possession of property obtained by certain offences); and
section 19.2 (laundering proceeds of certain offences).
An offence under any of the following provisions of the Food and Drugs Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:
section 39 (trafficking in controlled drugs);
section 44.2 (possession of property obtained by trafficking in controlled drugs);
section 44.3 (laundering proceeds of trafficking in controlled drugs);
section 48 (trafficking in restricted drugs);
section 50.2 (possession of property obtained by trafficking in restricted drugs); and
section 50.3 (laundering proceeds of trafficking in restricted drugs).
An offence under any of the following provisions of the Controlled Drugs and Substances Act that was prosecuted by way of indictment:
section 5 (trafficking);
section 6 (importing and exporting);
section 7 (production).
and (e) [Repealed, 2001, c. 32, s. 57]
The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in items 1 to 3 of this schedule.