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

Act current to 2014-10-15 and last amended on 2014-09-19. Previous Versions

Definition of “sentence”

 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).

  • 1997, c. 17, s. 21;
  • 2011, c. 11, s. 3;
  • 2012, c. 1, s. 75.
Marginal note:Youth sentence

 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.

  • 2012, c. 1, s. 75.
Marginal note:Time when eligible for full parole
  •  (1) 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.

  • Marginal note:Life sentence

    (2) 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.

  • 1992, c. 20, s. 120;
  • 1995, c. 22, s. 13, c. 42, s. 34;
  • 1998, c. 35, s. 112;
  • 2000, c. 24, s. 38;
  • 2013, c. 24, ss. 126, 128.
Marginal note:Multiple sentences on same day
  •  (1) 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

    • (a) 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

    • (b) the period of ineligibility in respect of any other portion of that sentence.

  • Marginal note:One or more additional consecutive sentences

    (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 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:

    • (a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

    • (b) 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.

  • Marginal note:Additional sentence to be served consecutively to portion of sentence

    (3) 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:

    • (a) 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

    • (b) the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.

  • 1995, c. 42, s. 34;
  • 1997, c. 17, s. 22(F);
  • 2012, c. 1, s. 76;
  • 2013, c. 24, s. 133.