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

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Parole Reviews

Marginal note:Day parole review
  •  (1) 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).

  • Marginal note:Special cases

    (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.

  • Marginal note:Decision or adjournment

    (3) 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.

  • Marginal note:No application for one year

    (4) 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.

  • Marginal note:Maximum duration

    (5) 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.

  • Marginal note:Withdrawal of application

    (6) 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.

  • 1992, c. 20, s. 122;
  • 1995, c. 42, ss. 36(F), 69(E);
  • 2012, c. 1, s. 78.
Marginal note:Full parole review
  •  (1) 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.

  • Marginal note:Waiver of review

    (2) 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.

  • Marginal note:Review by Board

    (3) 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.

  • Marginal note:Short sentences

    (3.1) 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.

  • Marginal note:Decision or adjournment

    (4) 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.

  • Marginal note:Further review — Board does not grant parole

    (5) 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

    • (a) the offender is released on full parole or on statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

  • Marginal note:Further review — Board terminates or cancels parole

    (5.1) 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

    • (a) the offender is released on full parole or statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

  • Marginal note:No application for one year

    (6) 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.

  • Marginal note:Withdrawal of application

    (7) 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.

  • 1992, c. 20, s. 123;
  • 1995, c. 42, ss. 37, 69(E);
  • 2012, c. 1, s. 79.