Corrections and Conditional Release Regulations (SOR/92-620)

• 162. (1) Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decision

  • (a) in the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;

  • (b) in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; and

  • (c) in the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.

• (2) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.

• 163. (1) Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.

• (2) Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender's recommitment to custody in a penitentiary.

• (3) Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender's request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.

• (4) Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender's recommitment to custody in a penitentiary.

• 164. (1) Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.

• (2) Where the Board's approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.

165. Subsection 140(3) of the Act respecting reviews that the Board may conduct without a hearing applies

• (a) [Repealed, SOR/2012-234, s. 4]

• (b) in respect of a review for day parole, to an offender serving a sentence of imprisonment of less than two years; and

• (c) in respect of a review for full parole, to an offender who has been released on day parole at the time of the review.