Corrections and Conditional Release Act (S.C. 1992, c. 20)

Act current to 2014-11-25 and last amended on 2014-09-19. Previous Versions

Rules

Marginal note:Rules

 Subject to this Part and the regulations, the Commissioner may make rules

  • (a) for the management of the Service;

  • (b) for the matters described in section 4; and

  • (c) generally for carrying out the purposes and provisions of this Part and the regulations.

Commissioner’s Directives

Marginal note:Commissioner’s Directives
  •  (1) The Commissioner may designate as Commissioner’s Directives any or all rules made under section 97.

  • Marginal note:Accessibility

    (2) The Commissioner’s Directives shall be accessible to offenders, staff members and the public.

PART IICONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    “Board”

    « Commission »

    “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;

    “Commissioner”

    « commissaire »

    “Commissioner” has the same meaning as in Part I;

    “community-based residential facility”

    « établissement résidentiel communautaire »

    “community-based residential facility” has the same meaning as in subsection 66(3);

    “day parole”

    « semi-liberté »

    “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;

    “full parole”

    « libération conditionnelle totale »

    “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;

    “institutional head”

    Version anglaise seulement

    “institutional head” has the same meaning as in Part I;

    “long-term supervision”

    « surveillance de longue durée »

    “long-term supervision” has the same meaning as in Part I;

    “Minister”

    « ministre »

    “Minister” has the same meaning as in Part I;

    “offender”

    « délinquant »

    “offender” means

    • (a) 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

      • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

      • (ii) 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

    • (b) 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;

    “parole”

    « libération conditionnelle »

    “parole” means full parole or day parole;

    “parole supervisor”

    « surveillant de liberté 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;

    “penitentiary”

    « pénitencier »

    “penitentiary” has the same meaning as in Part I;

    “provincial parole board”

    « commission provinciale »

    “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;

    “regulations”

    « règlement » ou « réglementaire »

    “regulations” means regulations made by the Governor in Council pursuant to section 156;

    “sentence”

    « peine » ou « peine d’emprisonnement »

    “sentence” has the same meaning as in Part I;

    “serious harm”

    « dommage grave »

    “serious harm” means severe physical injury or severe psychological damage;

    “Service”

    « Service »

    “Service” has the same meaning as in Part I;

    “statutory release”

    « libération d’office »

    “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;

    “statutory release date”

    « date de libération d’office »

    “statutory release date” means the date determined in accordance with section 127;

    “unescorted temporary absence”

    « permission de sortir sans escorte »

    “unescorted temporary absence” means an unescorted temporary absence from penitentiary authorized under section 116;

    “victim”

    « victime »

    “victim” has the same meaning as in Part I;

    “working day”

    « jour ouvrable »

    “working day” has the same meaning as in Part I.

  • Marginal note:References to expiration of sentence

    (2) 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

    • (a) any period during which the offender could be entitled to statutory release;

    • (b) 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

    • (c) any remission that stands to the credit of the offender on November 1, 1992.

  • Marginal note:Exercise of powers, etc.

    (3) Except as otherwise provided by this Part or by the regulations,

    • (a) 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

    • (b) 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.

  • 1992, c. 20, s. 99;
  • 1995, c. 22, s. 13, c. 42, ss. 26, 69(E), 70(E), 71(F);
  • 1997, c. 17, s. 17;
  • 2002, c. 1, s. 173;
  • 2003, c. 22, s. 155;
  • 2012, c. 1, ss. 70, 160, 197.