Justice Laws Search

Corrections and Conditional Release Act - S.C. 1992, c. 20 (SCHEDULE I)

[...]

1 An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:

(a) sections 46 and 47 (high treason);
(a.01) section 75 (piratical acts);
(a.1) section 76 (hijacking);
(a.2) section 77 (endangering safety of aircraft or airport);
(a.3) section 78.1 (seizing control of ship or fixed platform);
[...]
(a.6) section 83.18 (participation in activity of terrorist group);
(a.7) section 83.19 (facilitating terrorist activity);
(a.8) section 83.2 (commission of offence for terrorist group);
(a.9) section 83.21 (instructing to carry out activity for terrorist group);
(a.91) section 83.22 (instructing to carry out terrorist activity);
[...]
(c) section 87 (pointing a firearm);
(c.1) section 98 (breaking and entering to steal firearm);
(c.2) section 98.1 (robbery to steal firearm);
(d) section 144 (prison breach);
(e) section 151 (sexual interference);
(f) section 152 (invitation to sexual touching);
(g) section 153 (sexual exploitation);
(g.1) section 153.1 (sexual exploitation of person with disability);
(h) section 155 (incest);
(i) section 159 (anal intercourse);
(j) section 160 (bestiality, compelling, in presence of or by child);
(j.1) section 163.1 (child pornography);
(k) section 170 (parent or guardian procuring sexual activity by child);
(l) section 171 (householder permitting sexual activity by or in presence of child);
(m) section 172 (corrupting children);
(m.1) section 172.1 (luring a child);
[...]
(o.1) section 220 (causing death by criminal negligence);
(o.2) section 221 (causing bodily harm by criminal negligence);
(p) section 236 (manslaughter);
(q) section 239 (attempt to commit murder);
(r) section 244 (discharging firearm with intent);
(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);
(r.2) section 244.2 (discharging firearm — recklessness);
(r.3) section 245 (administering noxious thing);
(s) section 246 (overcoming resistance to commission of offence);
(s.01) section 247 (traps likely to cause bodily harm);
(s.02) section 248 (interfering with transportation facilities);
[...]
(s.3) section 264 (criminal harassment);
(s.4) section 264.1 (uttering threats);
(t) section 266 (assault);
(u) section 267 (assault with a weapon or causing bodily harm);
(v) section 268 (aggravated assault);
(w) section 269 (unlawfully causing bodily harm);
(w.1) section 269.1 (torture);
(x) section 270 (assaulting a peace officer);
(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);
(x.2) section 270.02 (aggravated assault of peace officer);
(y) section 271 (sexual assault);
(z) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(z.1) section 273 (aggravated sexual assault);
(z.11) section 273.3 (removal of child from Canada);
(z.2) section 279 (kidnapping and forcible confinement);
(z.201) section 279.011 (trafficking — person under 18 years);
(z.202) subsection 279.02(2) (material benefit — trafficking of person under 18 years);
(z.203) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);
(z.21) section 279.1 (hostage taking);
(z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);
(z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);
(z.24) subsection 286.3(2) (procuring — person under 18 years);
(z.25) section 320.13 (dangerous operation);
[...]
(z.27) section 320.15 (failure or refusal to comply with demand);
(z.28) section 320.16 (failure to stop after accident);
(z.29) section 320.17 (flight from peace officer);
(z.3) sections 343 and 344 (robbery);
(z.301) section 346 (extortion);
[...]
(z.32) section 431 (attack on premises, residence or transport of internationally protected person);
(z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);
[...]
(z.4) section 433 (arson — disregard for human life);
(z.5) section 434.1 (arson — own property);
(z.6) section 436 (arson by negligence); and

1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

[...]
(c) section 249.2 (causing death by criminal negligence — street racing);
(d) section 249.3 (causing bodily harm by criminal negligence — street racing);
(e) section 249.4 (dangerous operation of motor vehicle while street racing); and

2 An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990, that was prosecuted by way of indictment:

(a) section 433 (arson);
(b) section 434 (setting fire to other substance); and
(c) section 436 (setting fire by negligence).

3 An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment:

(a) section 144 (rape);
(b) section 145 (attempt to commit rape);
(c) section 149 (indecent assault on female);
(d) section 156 (indecent assault on male);
(e) section 245 (common assault); and
(f) section 246 (assault with intent).

4 An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment:

(a) section 146 (sexual intercourse with a female under 14);
(b) section 151 (seduction of a female between 16 and 18);
(c) section 153 (sexual intercourse with step-daughter);
(d) section 155 (buggery or bestiality);
(e) section 157 (gross indecency);
(f) section 166 (parent or guardian procuring defilement); and
(g) section 167 (householder permitting defilement).

5 The offence of breaking and entering a place and committing an indictable offence therein, as provided for by paragraph 348(1)(b) of the Criminal Code, where the indictable offence is an offence set out in sections 1 to 4 of this Schedule and its commission

[...]
(d) is found in a statement of facts admitted into evidence pursuant to section 655 of the Criminal Code.

[...]

5.2 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

(a) subsection 212(2) (living on the avails of prostitution of person under 18 years);
(b) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years); and
(c) subsection 212(4) (prostitution of person under 18 years).

6 An offence under any of the following provisions of the Crimes Against Humanity and War Crimes Act:

(a) section 4 (genocide, etc., committed in Canada);
(b) section 5 (breach of responsibility committed in Canada by military commanders or other superiors);
(c) section 6 (genocide, etc., committed outside Canada); and
(d) section 7 (breach of responsibility committed outside Canada by military commanders or other superiors).

[...]

Corrections and Conditional Release Act - S.C. 1992, c. 20 (SCHEDULE I)

[...]

1 An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:

(a) sections 46 and 47 (high treason);
(a.01) section 75 (piratical acts);
(a.1) section 76 (hijacking);
(a.2) section 77 (endangering safety of aircraft or airport);
(a.3) section 78.1 (seizing control of ship or fixed platform);
[...]
(a.6) section 83.18 (participation in activity of terrorist group);
(a.7) section 83.19 (facilitating terrorist activity);
(a.8) section 83.2 (commission of offence for terrorist group);
(a.9) section 83.21 (instructing to carry out activity for terrorist group);
(a.91) section 83.22 (instructing to carry out terrorist activity);
(a.92) section 83.221 (counselling commission of terrorism offence);
[...]
(c) section 87 (pointing a firearm);
(c.1) section 98 (breaking and entering to steal firearm);
(c.2) section 98.1 (robbery to steal firearm);
(d) section 144 (prison breach);
(e) section 151 (sexual interference);
(f) section 152 (invitation to sexual touching);
(g) section 153 (sexual exploitation);
(g.1) section 153.1 (sexual exploitation of person with disability);
(h) section 155 (incest);
[...]
(j) section 160 (bestiality, compelling, in presence of or by child);
(j.1) section 163.1 (child pornography);
(k) section 170 (parent or guardian procuring sexual activity by child);
(l) section 171 (householder permitting sexual activity by or in presence of child);
(m) section 172 (corrupting children);
(m.1) section 172.1 (luring a child);
[...]
(o.1) section 220 (causing death by criminal negligence);
(o.2) section 221 (causing bodily harm by criminal negligence);
(p) section 236 (manslaughter);
(q) section 239 (attempt to commit murder);
(r) section 244 (discharging firearm with intent);
(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);
(r.2) section 244.2 (discharging firearm — recklessness);
(r.3) section 245 (administering noxious thing);
(s) section 246 (overcoming resistance to commission of offence);
(s.01) section 247 (traps likely to cause bodily harm);
(s.02) section 248 (interfering with transportation facilities);
[...]
(s.3) section 264 (criminal harassment);
(s.4) section 264.1 (uttering threats);
(t) section 266 (assault);
(u) section 267 (assault with a weapon or causing bodily harm);
(v) section 268 (aggravated assault);
(w) section 269 (unlawfully causing bodily harm);
(w.1) section 269.1 (torture);
(x) section 270 (assaulting a peace officer);
(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);
(x.2) section 270.02 (aggravated assault of peace officer);
(y) section 271 (sexual assault);
(z) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(z.1) section 273 (aggravated sexual assault);
(z.11) section 273.3 (removal of child from Canada);
(z.2) section 279 (kidnapping and forcible confinement);
(z.201) section 279.011 (trafficking — person under 18 years);
(z.202) subsection 279.02(2) (material benefit — trafficking of person under 18 years);
(z.203) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);
(z.21) section 279.1 (hostage taking);
(z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);
(z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);
(z.24) subsection 286.3(2) (procuring — person under 18 years);
(z.25) section 320.13 (dangerous operation);
[...]
(z.27) section 320.15 (failure or refusal to comply with demand);
(z.28) section 320.16 (failure to stop after accident);
(z.29) section 320.17 (flight from peace officer);
(z.3) sections 343 and 344 (robbery);
(z.301) section 346 (extortion);
[...]
(z.32) section 431 (attack on premises, residence or transport of internationally protected person);
(z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);
[...]
(z.4) section 433 (arson — disregard for human life);
(z.5) section 434.1 (arson — own property);
(z.6) section 436 (arson by negligence); and

1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

[...]
(c) section 249.2 (causing death by criminal negligence — street racing);
(d) section 249.3 (causing bodily harm by criminal negligence — street racing);
(e) section 249.4 (dangerous operation of motor vehicle while street racing); and

2 An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990, that was prosecuted by way of indictment:

(a) section 433 (arson);
(b) section 434 (setting fire to other substance); and
(c) section 436 (setting fire by negligence).

3 An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment:

(a) section 144 (rape);
(b) section 145 (attempt to commit rape);
(c) section 149 (indecent assault on female);
(d) section 156 (indecent assault on male);
(e) section 245 (common assault); and
(f) section 246 (assault with intent).

4 An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment:

(a) section 146 (sexual intercourse with a female under 14);
(b) section 151 (seduction of a female between 16 and 18);
(c) section 153 (sexual intercourse with step-daughter);
(d) section 155 (buggery or bestiality);
(e) section 157 (gross indecency);
(f) section 166 (parent or guardian procuring defilement); and
(g) section 167 (householder permitting defilement).

5 The offence of breaking and entering a place and committing an indictable offence therein, as provided for by paragraph 348(1)(b) of the Criminal Code, where the indictable offence is an offence set out in sections 1 to 4 of this Schedule and its commission

[...]
(d) is found in a statement of facts admitted into evidence pursuant to section 655 of the Criminal Code.

[...]

5.2 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

(a) subsection 212(2) (living on the avails of prostitution of person under 18 years);
(b) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years); and
(c) subsection 212(4) (prostitution of person under 18 years).

6 An offence under any of the following provisions of the Crimes Against Humanity and War Crimes Act:

(a) section 4 (genocide, etc., committed in Canada);
(b) section 5 (breach of responsibility committed in Canada by military commanders or other superiors);
(c) section 6 (genocide, etc., committed outside Canada); and
(d) section 7 (breach of responsibility committed outside Canada by military commanders or other superiors).

[...]

Corrections and Conditional Release Act - S.C. 1992, c. 20 (Section 129)

Marginal note:Review of cases by service

129 (1) Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II or an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, the Commissioner shall cause the offender’s case to be reviewed by the Service.
(2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that
- (a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,
  
  [...]
- (b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.
[...]
Marginal note:Delegation to provincial authorities

(8) The Commissioner may delegate to the correctional authorities of a province the powers of the Service and of the Commissioner under this section in relation to offenders who are serving their sentences in a correctional facility in that province.
Marginal note:Definitions

(9) In this section and sections 130 and 132,
sexual offence involving a child
sexual offence involving a child means
- (a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,
  - (i) section 151 (sexual interference),
  - (ii) section 152 (invitation to sexual touching),
  - (iii) section 153 (sexual exploitation),
  - [...]
  - (iv.1) section 163.1 (child pornography),
  - (v) section 170 (parent or guardian procuring sexual activity by child),
  - (vi) section 171 (householder permitting sexual activity by child),
  - (vii) section 172 (corrupting children),
  - (vii.1) section 172.1 (luring a child),
  - (viii) section 279.011 (trafficking — person under 18 years),
  - (ix) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
  - (x) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
  - (xi) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
  - (xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
  - (xiii) subsection 286.3(2) (procuring — person under 18 years);
- (b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,
  - (i) section 155 (incest),
  - (ii) section 159 (anal intercourse),
  - [...]
  - (iv) section 271 (sexual assault),
  - (v) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
  - (vi) section 273 (aggravated sexual assault);
- (b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:
  - (i) subsection 212(2) (living on the avails of prostitution of person under 18 years), and
  - (ii) subsection 212(4) (prostitution of person under 18 years);
- (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
  - (i) section 146 (sexual intercourse with a female under 14),
  - (ii) section 151 (seduction of a female between 16 and 18), and
  - (iii) section 167 (householder permitting defilement);
- (d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
  - (i) section 153 (sexual intercourse with step-daughter),
  - (ii) section 155 (buggery or bestiality),
  - (iii) section 157 (gross indecency), and
  - (iv) section 166 (parent or guardian procuring defilement); or
- (e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,
  - (i) section 144 (rape),
  - (ii) section 145 (attempt to commit rape),
  - (iii) section 149 (indecent assault on female), and
  - (iv) section 156 (indecent assault on male). (infraction d’ordre sexuel à l’égard d’un enfant)

[...]

Corrections and Conditional Release Act - S.C. 1992, c. 20 (Section 129)

Marginal note:Review of cases by service

129 (1) Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II or an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, the Commissioner shall cause the offender’s case to be reviewed by the Service.
(2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that
- (a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,
  
  [...]
- (b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.
[...]
Marginal note:Delegation to provincial authorities

(8) The Commissioner may delegate to the correctional authorities of a province the powers of the Service and of the Commissioner under this section in relation to offenders who are serving their sentences in a correctional facility in that province.
Marginal note:Definitions

(9) In this section and sections 130 and 132,
sexual offence involving a child
sexual offence involving a child means
- (a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,
  - (i) section 151 (sexual interference),
  - (ii) section 152 (invitation to sexual touching),
  - (iii) section 153 (sexual exploitation),
  - [...]
  - (iv.1) section 163.1 (child pornography),
  - (v) section 170 (parent or guardian procuring sexual activity by child),
  - (vi) section 171 (householder permitting sexual activity by child),
  - (vii) section 172 (corrupting children),
  - (vii.1) section 172.1 (luring a child),
  - (viii) section 279.011 (trafficking — person under 18 years),
  - (ix) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
  - (x) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
  - (xi) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
  - (xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
  - (xiii) subsection 286.3(2) (procuring — person under 18 years);
- (b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,
  - (i) section 155 (incest),
  - [...]
  - (iv) section 271 (sexual assault),
  - (v) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
  - (vi) section 273 (aggravated sexual assault);
- (b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:
  - (i) subsection 212(2) (living on the avails of prostitution of person under 18 years), and
  - (ii) subsection 212(4) (prostitution of person under 18 years);
- (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
  - (i) section 146 (sexual intercourse with a female under 14),
  - (ii) section 151 (seduction of a female between 16 and 18), and
  - (iii) section 167 (householder permitting defilement);
- (d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
  - (i) section 153 (sexual intercourse with step-daughter),
  - (ii) section 155 (buggery or bestiality),
  - (iii) section 157 (gross indecency), and
  - (iv) section 166 (parent or guardian procuring defilement); or
- (e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,
  - (i) section 144 (rape),
  - (ii) section 145 (attempt to commit rape),
  - (iii) section 149 (indecent assault on female), and
  - (iv) section 156 (indecent assault on male). (infraction d’ordre sexuel à l’égard d’un enfant)

[...]

Corrections and Conditional Release Act - S.C. 1992, c. 20 (Section 135)

Marginal note:Suspension of parole or statutory release

[...]
Marginal note:Automatic suspension of parole or statutory release

(1.1) If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed.
[...]
Marginal note:Transmission of cancellation of suspension

(6.1) Where a person referred to in subsection (3) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.
Marginal note:If parole eligibility date in future

(6.2) If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be.
[...]
(9.1) Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who
- [...]
- (b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.
[...]
Marginal note:Continuation of sentence

(10) For the purposes of this Part, an offender who is in custody by virtue of this section continues to serve the offender’s sentence.

1992, c. 20, s. 135; 1995, c. 22, s. 18, c. 42, ss. 50, 69(E), 70(E); 1997, c. 17, ss. 32(F), 32.1; 2012, c. 1, s. 89, c. 19, s. 529.

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Marginal note:Review of cases by service

Marginal note:Delegation to provincial authorities

Marginal note:Definitions

Marginal note:Review of cases by service

Marginal note:Delegation to provincial authorities

Marginal note:Definitions

Marginal note:Suspension of parole or statutory release

Marginal note:Automatic suspension of parole or statutory release

Marginal note:Transmission of cancellation of suspension

Marginal note:If parole eligibility date in future

Marginal note:Continuation of sentence

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