Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:If person imprisoned for new offence
  •  (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.

  • Marginal note:Breach of condition

    (2) If an order is made under paragraph 742.6(9)(c) or (d) to commit an offender to custody, the custodial period ordered shall, unless the court considers that it would not be in the interests of justice, be served consecutively to any other period of imprisonment that the offender is serving when that order is made.

  • Marginal note:Multiple sentences

    (3) If an offender is serving both a custodial period referred to in subsection (2) and any other period of imprisonment, the periods shall, for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act, be deemed to constitute one sentence of imprisonment.

  • Marginal note:Conditional sentence order resumes

    (4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.

  • 1995, c. 22, s. 6;
  • 1999, c. 5, s. 42;
  • 2004, c. 12, s. 16(E).

Imprisonment

Marginal note:Imprisonment when no other provision

 Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years.

  • R.S., 1985, c. C-46, s. 743;
  • 1992, c. 11, s. 16;
  • 1995, c. 22, s. 6.
Marginal note:Imprisonment for life or more than two years
  •  (1) Except where otherwise provided, a person who is sentenced to imprisonment for

    • (a) life,

    • (b) a term of two years or more, or

    • (c) two or more terms of less than two years each that are to be served one after the other and that, in the aggregate, amount to two years or more,

    shall be sentenced to imprisonment in a penitentiary.

  • Marginal note:Subsequent term less than two years

    (2) Where a person who is sentenced to imprisonment in a penitentiary is, before the expiration of that sentence, sentenced to imprisonment for a term of less than two years, the person shall serve that term in a penitentiary, but if the previous sentence of imprisonment in a penitentiary is set aside, that person shall serve that term in accordance with subsection (3).

  • Marginal note:Imprisonment for term less than two years

    (3) A person who is sentenced to imprisonment and who is not required to be sentenced as provided in subsection (1) or (2) shall, unless a special prison is prescribed by law, be sentenced to imprisonment in a prison or other place of confinement, other than a penitentiary, within the province in which the person is convicted, in which the sentence of imprisonment may be lawfully executed.

  • Marginal note:Long-term supervision

    (3.1) Despite subsection (3), an offender who is subject to long-term supervision under Part XXIV and is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary.

  • Marginal note:Sentence to penitentiary of person serving sentence elsewhere

    (4) Where a person is sentenced to imprisonment in a penitentiary while the person is lawfully imprisoned in a place other than a penitentiary, that person shall, except where otherwise provided, be sent immediately to the penitentiary, and shall serve in the penitentiary the unexpired portion of the term of imprisonment that that person was serving when sentenced to the penitentiary as well as the term of imprisonment for which that person was sentenced to the penitentiary.

  • Marginal note:Transfer to penitentiary

    (5) Where, at any time, a person who is imprisoned in a prison or place of confinement other than a penitentiary is subject to two or more terms of imprisonment, each of which is for less than two years, that are to be served one after the other, and the aggregate of the unexpired portions of those terms at that time amounts to two years or more, the person shall be transferred to a penitentiary to serve those terms, but if any one or more of such terms is set aside or reduced and the unexpired portions of the remaining term or terms on the day on which that person was transferred under this section amounted to less than two years, that person shall serve that term or terms in accordance with subsection (3).

  • Marginal note:Newfoundland

    (6) For the purposes of subsection (3), “penitentiary” does not, until a day to be fixed by order of the Governor in Council, include the facility mentioned in subsection 15(2) of the Corrections and Conditional Release Act.

  • 1992, c. 11, s. 16;
  • 1995, c. 19, s. 39, c. 22, s. 6;
  • 1997, c. 17, s. 1;
  • 2008, c. 6, s. 39.
Marginal note:Report by court to Correctional Service

 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, and any other information relevant to administering the sentence or committal.

  • 1995, c. 22, s. 6.
Marginal note:Non-communication order
  •  (1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

  • Marginal note:Failure to comply with order

    (2) Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • 2008, c. 18, s. 42.
Marginal note:Sentence served according to regulations

 A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.

  • 1995, c. 22, s. 6.

 [Repealed, 2002, c. 1, s. 184]

Marginal note:Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act
  •  (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the remaining portion of the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act

    (2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Sentences deemed to constitute one sentence — section 743.1

    (3) For greater certainty, the following are deemed to constitute one sentence of imprisonment for the purposes of section 139 of the Corrections and Conditional Release Act:

    • (a) for the purposes of subsection (1), the remainder of the youth sentence or disposition and the subsequent term of imprisonment; and

    • (b) for the purposes of subsection (2), the term of imprisonment and the subsequent youth sentence or disposition.

  • 1995, c. 22, ss. 6, 19, 20;
  • 2002, c. 1, s. 184;
  • 2008, c. 18, s. 43.

Eligibility for Parole

Marginal note:Power of court to delay parole
  •  (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

  • Marginal note:Power of court to delay parole

    (1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.111, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

  • Marginal note:Power of court to delay parole

    (1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.11, 467.111, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

  • Marginal note:Principles that are to guide the court

    (2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

  • 1995, c. 22, s. 6, c. 42, s. 86;
  • 1997, c. 23, s. 18;
  • 2001, c. 32, s. 45, c. 41, ss. 21, 133;
  • 2014, c. 17, ss. 15, 16.
 
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