Youth Criminal Justice Act (S.C. 2002, c. 1)

Marginal note:Obligation to inform — parole

• 77. (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board.

• Marginal note:Applicability of Corrections and Conditional Release Act

  (2) For greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence).

• Marginal note:Appropriate parole board

  (3) The appropriate parole board for the purposes of this section is

  • (a) if subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; and

  • (b) in any other case, the National Parole Board.

Marginal note:Release entitlement

• 78. (1) For greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a prison.

• Marginal note:Release entitlement

  (2) For greater certainty, section 127 of the Corrections and Conditional Release Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a penitentiary.

Marginal note:If person convicted under another Act

79. If a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under an Act of Parliament other than this Act, the remainder of the portion of the sentence being served in the youth custody facility shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.

Marginal note:If person who is serving a sentence under another Act is sentenced to an adult sentence

80. If a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.