Criminal Code (R.S.C., 1985, c. C-46)

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