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

Act current to 2015-08-04 and last amended on 2015-07-23. Previous Versions

Marginal note:Temporary absences may be approved  — exception
  •  (1) 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

    • (a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

    • (b) 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;

    • (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

    • (d) a structured plan for the absence has been prepared.

    The temporary absence may be for a period of not more than 15 days.

  • Marginal note:Subsequent temporary absence

    (2) 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.

  • Marginal note:Subsequent temporary absence  — Parole Board

    (3) 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.

  • Marginal note:Conditions

    (4) 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.

  • Marginal note:Cancellation and reasons

    (5) 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.

  • Marginal note:Authorization or refusal and reasons

    (6) 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.

  • 2014, c. 36, s. 1.1.

Work Releases

Definition of “work release”

  •  (1) 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.

  • Marginal note:Work releases may be authorized

    (2) 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,

    • (a) the inmate will not, by reoffending, present an undue risk to society during a work release,

    • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

    • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

    • (d) 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.

  • Marginal note:Conditions

    (3) 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.

  • Marginal note:Suspension or cancellation

    (4) The institutional head may suspend or cancel a work release either before or after its commencement.

  • Marginal note:Reasons to be given

    (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

  • Marginal note:Warrant

    (6) 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.

  • 1992, c. 20, s. 18;
  • 1995, c. 22, s. 13, c. 42, ss. 8, 71(F);
  • 1998, c. 35, s. 109;
  • 2000, c. 24, s. 35;
  • 2013, c. 24, s. 127.