Corrections and Conditional Release Act (S.C. 1992, c. 20)
Full Document:
Act current to 2012-05-02 and last amended on 2011-03-28. Previous Versions
RELATED PROVISIONS
— 1995, c. 42, s. 88
Full parole
88. Sections 120.1, 120.2 and 120.3 of the Corrections and Conditional Release Act, as enacted by section 34 of this Act, only apply in respect of an offender who receives an additional sentence after the coming into force of those sections.
— 1995, c. 42, s. 90
Detention
90. (1) Sections 129, 130 and 132 of the Corrections and Conditional Release Act, as enacted by sections 44, 45 and 47, respectively, of this Act, apply to every offender sentenced in respect of an offence referred to in any of those provisions regardless of the day on which the offender was sentenced, committed or transferred to penitentiary.
Referral to Board
(2) The Service may, within thirty days after the coming into force of paragraphs 129(2)(a) and (b) of the Corrections and Conditional Release Act, as enacted by subsection 44(2) of this Act, refer to the Board the case of an offender where the Service is of the opinion set out in subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act, as enacted by subsection 44(2) of this Act, even if the referral takes place later than six months before the day on which the offender is entitled to be released on statutory release.
Idem
(3) The Commissioner may, within thirty days after the coming into force of subsection 129(3) of the Corrections and Conditional Release Act, as enacted by subsection 44(3) of this Act, refer the case of an offender who is serving a sentence of two years or more to the Chairperson of the Board for review under that subsection later than six months before the day on which the offender is entitled to be released on statutory release, where the Commissioner believes on reasonable grounds that the offender is likely, before the expiration of the sentence according to law, to commit a sexual offence involving a child.
— 1995, c. 42, s. 91
Revocation of parole or statutory release
91. The revocation of parole or statutory release provided by subsection 135(9.1) of the Corrections and Conditional Release Act, as enacted by subsection 50(7) of this Act, only applies where the additional sentence is imposed after the coming into force of subsection 135(9.1) of that Act.
— 1995, c. 42, s 92
Interruption of parole or statutory release
92. (1) Where the sentence of an offender who is on parole or statutory release is interrupted pursuant to subsection 139(2) of the Corrections and Conditional Release Act, as it read immediately before the coming into force of section 54 of this Act, that sentence is not resumed until the later sentence expires or until the parole or statutory release is terminated or revoked.
Idem
(2) Where the sentence of an offender who is on parole or statutory release is interrupted pursuant to subsection 139(2) of the Corrections and Conditional Release Act, as it read immediately before the coming into force of section 54 of this Act, and the parole or statutory release is terminated or revoked, the offender shall serve the total of
(a) the unexpired portion of the sentence the offender was serving while on parole or statutory release, and
(b) the unexpired portion of any later sentence.
— 2001, c. 41, s. 94, as amended by 2011, c. 11, s. 13
Transitional provision
94. (1) The following provisions apply to an offender regardless of the day on which the offender was sentenced, committed or transferred to penitentiary:
(a) [Repealed, 2011, c. 11, s. 13]
(b) Schedule I to the Act as amended by sections 91 to 93.
(2) [Repealed, 2011, c. 11, s. 13]
— 2011, c. 11, s. 10
Application
10. (1) Subject to subsection (2), the accelerated parole review process set out in sections 125 to 126.1 of the Corrections and Conditional Release Act, as those sections read on the day before the day on which section 5 comes into force, does not apply, as of that day, to offenders who were sentenced, committed or transferred to penitentiary, whether the sentencing, committal or transfer occurs before, on or after the day of that coming into force.
Restriction
(2) For greater certainty, the repeal of sections 125 to 126.1 of the Corrections and Conditional Release Act does not affect the validity of a direction made under those sections before the day on which section 5 comes into force.
