SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Safe Streets and Communities Act.

PART 1JUSTICE FOR VICTIMS OF TERRORISM ACT

Enactment of Act

Marginal note:Enactment of Act

2. The Justice for Victims of Terrorism Act is enacted as follows:

R.S., c. S-18Amendments to the State Immunity Act

3. The heading before section 2 of the French version of the State Immunity Act is replaced by the following:

3.1 Section 2 of the Act is amended by adding the following in alphabetical order:

4. The Act is amended by adding the following after section 2:

5. The Act is amended by adding the following after section 6:

6. Subsection 11(3) of the Act is replaced by the following:

• 7. (1) Paragraph 12(1)(b) of the Act is replaced by the following:

  • (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity;

• (2) Subsection 12(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

  • (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value.

8. The Act is amended by adding the following after section 12:

9. Subsection 13(2) of the Act is replaced by the following:

PART 2SENTENCING

R.S., c. C-46Criminal Code

10. Subsection 7(4.1) of the Criminal Code is amended by replacing “171” with “171, 171.1, 172.1, 172.2”.

Marginal note:2005, c. 32, s. 3

11. Paragraphs 151(a) and (b) of the Act are replaced by the following:

Marginal note:2005, c. 32, s. 3

12. Paragraphs 152(a) and (b) of the Act are replaced by the following:

Marginal note:2005, c. 32, s. 4(2)

13. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:

14. Subsection 155(2) of the Act is replaced by the following:

Marginal note:R.S., c. 19 (3rd Supp.), s. 3; 2008, c. 6, par. 54(d)

15. Subsection 160(3) of the Act is replaced by the following:

Marginal note:2002, c. 13, s. 4(2); 2008, c. 6, par. 54(e)

• 16. (1) Subsection 161(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

  • (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

  • (d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

• (2) Paragraph 161(1.1)(a) of the Act is amended by replacing

  • (a) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

  • (b) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and

  • (c) “273 or 281” with “273, 280 or 281”.

Marginal note:2005, c. 32, s. 7(2)

• 17. (1) Paragraph 163.1(2)(b) of the Act is replaced by the following:

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:2005, c. 32, s. 7(3)

  (2) Paragraph 163.1(3)(b) of the Act is replaced by the following:

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:2005, c. 32, s. 7(4)

  (3) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:

  • (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

• Marginal note:2005, c. 32, s. 7(5)

  (4) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:

  • (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2008, c. 18, s. 4

18. The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2005, c. 32, s. 9.1; 2008, c. 6, par. 54(f)

19. Paragraphs 170(a) and (b) of the Act are replaced by the following:

Marginal note:2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g)

20. Paragraph 171(b) of the Act is replaced by the following:

21. The Act is amended by adding the following after section 171:

Marginal note:2002, c. 13, s. 8; 2008, c. 6, s. 14

• 22. (1) The portion of subsection 172.1(1) of the Act before paragraph (c) is replaced by the following:

  Marginal note:Luring a child

  • 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

    • (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person;

    • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

• Marginal note:2002, c. 13, s. 8; 2007, c. 20, s. 1

  (2) Subsection 172.1(2) of the Act is replaced by the following:

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

• Marginal note:2002, c. 13, s. 8

  (3) Subsection 172.1(3) of the French version of the Act is replaced by the following:

  • Marginal note:Présomption

    (3) La preuve que la personne visée aux alinéas (1)a), b) ou c) a été présentée à l’accusé comme ayant moins de dix-huit, seize ou quatorze ans, selon le cas, constitue, sauf preuve contraire, la preuve que l’accusé la croyait telle.

Marginal note:R.S., c. 19 (3rd Supp.), s. 7(1); 2010, c. 17, s. 2

23. Section 173 of the Act is replaced by the following:

24. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxix):

Marginal note:R.S., c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19

25. Section 271 of the Act is replaced by the following:

26. Subsection 272(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

27. Subsection 273(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

28. Subsection 486(3) of the Act is amended by replacing “171, 172, 172.1” with “170, 171, 171.1, 172, 172.1, 172.2”.

29. Subparagraph 486.4(1)(a)(i) of the Act is amended by replacing

• (a) “171, 172, 172.1” with “171, 171.1, 172, 172.1, 172.2”; and

• (b) “279.03” with “279.03, 280, 281”.

Marginal note:2010, c. 17, s. 3(1)

30. Subparagraph (a)(i.91) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

Marginal note:2004, c. 10, s. 20

31. Subparagraph (a)(x) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

Marginal note:2001, c. 41, s. 133(15)

• 32. (1) Paragraph 515(4.1)(c) of the Act is replaced by the following:

  • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,

• Marginal note:1999, c. 5, s. 21

  (2) Paragraph 515(6)(d) of the Act is replaced by the following:

  • (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

Marginal note:1996, c. 19, s. 72

33. Subparagraph 553(c)(xi) of the Act is replaced by the following:

Marginal note:2007, c. 12, s. 1

34. Section 742.1 of the Act is replaced by the following:

Marginal note:2008, c. 6, s. 40

35. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following:

Marginal note:2002, c. 13, s. 76

36. Paragraph 753.1(2)(a) of the Act is replaced by the following:

• 37. (1) Subsection 810.1(1) of the Act is amended by replacing

  • (a) “151, 152, 155” with “151 or 152, subsection 153(1), section 155”;

  • (b) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

  • (c) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and

  • (d) “272 or 273” with “272, 273, 280 or 281”.

• Marginal note:2008, c. 6, par. 62(2)(b)

  (2) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:

  • (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;

  • (a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;

Marginal note:2007, c. 22, s. 23

38. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

1996, c. 19Controlled Drugs and Substances Act

• 39. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:

  • (a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

    • (i) to a minimum punishment of imprisonment for a term of one year if

      • (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

      • (B) the person used or threatened to use violence in committing the offence,

      • (C) the person carried, used or threatened to use a weapon in committing the offence, or

      • (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

    • (ii) to a minimum punishment of imprisonment for a term of two years if

      • (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,

      • (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

      • (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

  • (a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;

• (2) Subsections 5(4) to (6) of the Act are replaced by the following:

  • Marginal note:Interpretation

    (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

  • Marginal note:Interpretation

    (6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

40. Paragraph 6(3)(a) of the Act is replaced by the following:

• 41. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:

  • (a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

  • (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

    • (i) for a term of one year if the production is for the purpose of trafficking, or

    • (ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

  • (b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

    • (i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,

    • (ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

    • (iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

    • (iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

    • (v) imprisonment for a term of two years if the number of plants produced is more than 500, or

    • (vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

• (2) Section 7 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Factors

    (3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):

    • (a) the person used real property that belongs to a third party in committing the offence;

    • (b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;

    • (c) the production constituted a potential public safety hazard in a residential area; or

    • (d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

42. The Act is amended by adding the following after section 7:

Marginal note:1999, c. 5, s. 49(1)

• 43. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors to take into consideration

    (2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

• (2) Section 10 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Drug treatment court program

    (4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender

    • (a) to participate in a drug treatment court program approved by the Attorney General; or

    • (b) to attend a treatment program under subsection 720(2) of the Criminal Code.

  • Marginal note:Minimum punishment

    (5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.

44. Schedule I to the Act is amended by adding the following after item 18:

Marginal note:SOR/97-230, s. 7; SOR/2003-32, s. 2; SOR/2005-235, s. 2

45. Item 1 of Schedule III to the Act is repealed.

Marginal note:SOR/98-173, s. 1; SOR/2000-220, s. 1

46. Items 25 and 26 of Schedule III to the Act are repealed.

Related Amendments

2003, c. 8An Act to amend the Criminal Code (firearms) and the Firearms Act

47. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act is repealed.

R.S., c. N-5National Defence Act

Marginal note:1998, c. 35, s. 40

48. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following:

Consequential Amendments

R.S., c. C-47Criminal Records Act

• 49. (1) Paragraph 1(a) of Schedule 1 to the Criminal Records Act is amended by adding the following after subparagraph (vii):

  • (vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences),

  • (vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences),

  • (vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences),

• (2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (ix):

  • (ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18),

  • (ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16),

  • (ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14),

R.S., c. N-5National Defence Act

Marginal note:1996, c. 19, s. 83.1

50. Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:

Coming into Force

Marginal note:Order in council

51. The provisions of this Part, other than subsection 32(2) and section 48, come into force on a day or days to be fixed by order of the Governor in Council.

PART 3POST-SENTENCING

1992, c. 20Corrections And Conditional Release Act

Amendments to the Act

Marginal note:2000, c. 12, s. 88

• 52. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

  “victim”

  « victime »

  “victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

  • (a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

  • (b) a relative or dependant of the person,

  • (c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or

  • (d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person;

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “provincial parole board”

  « commission provinciale »

  “provincial parole board” has the same meaning as in Part II;

  “unescorted temporary absence”

  « permission de sortir sans escorte »

  “unescorted temporary absence” has the same meaning as in Part II;

  “working day”

  « jour ouvrable »

  “working day” means a day on which offices of the federal public administration are generally open in the province in question.

53. The heading before section 3 of the Act is replaced by the following:

Marginal note:1995, c. 42, s. 2(F)

54. Section 4 of the Act and the heading before it are replaced by the following:

55. The Act is amended by adding the following after section 15:

Marginal note:1995, c. 22, s. 13 (Sch. II, item 1), c. 42, s. 6

56. Subsection 16(2) of the Act is replaced by the following:

• 57. (1) Subparagraph 26(1)(b)(ii) of the Act is replaced by the following:

  • (ii) the name and location of the penitentiary in which the sentence is being served,

  • (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,

  • (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,

  • (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,

  • (ii.4) the serious disciplinary offences that the offender has committed,

• (2) Subparagraph 26(1)(b)(vi) of the Act is replaced by the following:

  • (vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and

58. The portion of section 28 of the Act before paragraph (a) is replaced by the following:

59. Section 30 of the Act is amended by adding the following after subsection (2):

60. Section 31 of the Act is replaced by the following:

61. Section 37 of the Act is replaced by the following:

• 62. (1) Paragraphs 40(f) and (g) of the Act are replaced by the following:

  • (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;

  • (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

• (2) Section 40 of the Act is amended by striking out “or” at the end of paragraph (r) and by adding the following after that paragraph:

  • (r.1) knowingly makes a false claim for compensation from the Crown;

  • (r.2) throws a bodily substance towards another person; or

• 63. (1) Paragraph 44(1)(c) of the Act is replaced by the following:

  • (c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

• (2) Paragraph 44(1)(f) of the Act is replaced by the following:

  • (f) in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.

64. The Act is amended by adding the following after section 57:

65. Section 61 of the Act is amended by adding the following after subsection (3):

66. Section 84 of the Act is replaced by the following:

67. Subsection 93(2) of the French version of the Act is replaced by the following:

Marginal note:1995, c. 42, s. 24(1)

68. Subsection 94(1) of the Act is replaced by the following:

• 69. (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following:

  • (i) les circonstances où une indemnité peut être versée,

• (2) Section 96 of the Act is amended by adding the following after paragraph (m):

  • (m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;

• (3) Paragraph 96(p) of the Act is replaced by the following:

  • (p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

• (4) Paragraph 96(s) of the Act is replaced by the following:

  • (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

• (5) Paragraph 96(y) of the Act is replaced by the following:

  • (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

• Marginal note:1995, c. 42, subpar. 72(a)(ii)(F)

  (6) Paragraphs 96(z.6) to (z.8) of the Act are replaced by the following:

  • (z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

  • (z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

  • (z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

Marginal note:1995, c. 42, par. 70(a)(E); 1997, c. 17, s. 17(1)(F); 2003, c. 22, s. 155

• 70. (1) The definitions “day parole” and “working day” in subsection 99(1) of the Act are replaced by the following:

  “day parole”

  « semi-liberté »

  “day parole” means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval;

  “working day”

  « jour ouvrable »

  “working day” has the same meaning as in Part I.

• (2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:

  “parole supervisor”

  « surveillant de liberté conditionnelle »

  “parole supervisor” has the meaning assigned by the definition “staff member” in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender;

71. Section 101 of the Act is replaced by the following:

72. The heading before section 103 of the French version of the Act is replaced by the following:

Marginal note:1993, c. 34, s. 57(F)

73. Section 103 of the Act is replaced by the following:

74. Paragraph 115(1)(c) of the Act is replaced by the following:

75. The Act is amended by adding the following after section 119:

Marginal note:1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 1998, c. 35, s. 113(1); 2000, c. 24, ss. 39 and 40

76. Sections 120.1 to 120.3 of the Act are replaced by the following:

Marginal note:1998, c. 35, s. 115

• 77. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Exceptional cases

  • 121. (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act — parole may be granted at any time to an offender

• (2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exceptions

    (2) Paragraphs (1)(b) to (d) do not apply to an offender who is

• 78. (1) Subsection 122(4) of the Act is replaced by the following:

  • Marginal note:No application for one year

    (4) No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant day parole or cancels or terminates parole.

• (2) Subsection 122(6) of the Act is replaced by the following:

  • Marginal note:Withdrawal of application

    (6) An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

Marginal note:1995, c. 42, par. 69(g)(E)

• 79. (1) Subsections 123(1) and (2) of the Act are replaced by the following:

  Marginal note:Full parole review

  • 123. (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review the case of every offender who is serving a sentence of two years or more and who is not within the jurisdiction of a provincial parole board.

  • Marginal note:Waiver of review

    (2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.

• Marginal note:1995, c. 42, s. 37(2)

  (2) Subsections 123(5) to (7) of the Act are replaced by the following:

  • Marginal note:Further review — Board does not grant parole

    (5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until

    • (a) the offender is released on full parole or on statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

  • Marginal note:Further review — Board terminates or cancels parole

    (5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until

    • (a) the offender is released on full parole or statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

  • Marginal note:No application for one year

    (6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant full parole or cancels or terminates parole.

  • Marginal note:Withdrawal of application

    (7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

Marginal note:2011, c. 11, s. 4(1)

80. Subsection 124(1) of the Act is replaced by the following:

Marginal note:1995, c. 42, s. 41

81. Subsection 127(5) of the Act is replaced by the following:

82. The Act is amended by adding the following after section 127:

Marginal note:2001, c. 27, s. 242

83. Subsections 128(3) and (4) of the Act are replaced by the following:

Marginal note:1995, c. 42, ss. 44(2) to (4)

• 84. (1) Subsections 129(2) and (3) of the Act are replaced by the following:

  • Marginal note:Referral of cases to Board

    (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,

      • (i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or

      • (ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or

    • (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:Referral of cases to Chairperson of Board

    (3) If the Commissioner believes on reasonable grounds that an offender is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless

    • (a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or

    • (b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.

• (2) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (iv):

  • (iv.1) section 163.1 (child pornography),

• (3) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (vii):

  • (vii.1) section 172.1 (luring a child),

Marginal note:1995, c. 42, s. 45(3)

85. Subsection 130(5) of the Act is replaced by the following:

Marginal note:1995, c. 42, s. 48(1)

86. Subsection 133(4.1) of the Act is replaced by the following:

Marginal note:1995, c. 42, subpar. 71(a)(xviii)(F)

87. Subsection 134(2) of the Act is repealed.

Marginal note:1997, c. 17, s. 30

88. Subsection 134.2(2) of the Act is repealed.

Marginal note:1995, c. 42, s. 50(2)

• 89. (1) Subsection 135(2) of the Act is replaced by the following:

  • 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:Apprehension and recommitment

    (1.2) If an offender’s parole or statutory release is suspended under subsection (1.1), a member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize the offender’s apprehension and recommitment to custody until

    • (a) the suspension is cancelled;

    • (b) the parole or statutory release is terminated or revoked; or

    • (c) the sentence expires according to law.

  • Marginal note:Transfer of offender

    (2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary.

• Marginal note:1995, c. 42, s. 50(3)

  (2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Cancellation of suspension or referral

    (3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, immediately after the recommitment of the offender, review the offender’s case and

• (3) Section 135 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Referral to Board — additional sentence

    (3.1) If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3).

• Marginal note:1995, c. 42, ss. 50(4) and (5)

  (4) Subsection 135(5) of the Act is replaced by the following:

  • Marginal note:Review by Board — sentence of two years or more

    (5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless the Board, at the offender’s request, adjourns the hearing or a member of the Board or a person designated, by name or position, by the Chairperson postpones the review —

    • (a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,

      • (i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and

      • (ii) revoke it in any other case;

    • (b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and

    • (c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.

• (5) Section 135 of the Act is amended by adding the following after subsection (6.1):

  • 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.

  • Marginal note:Cancellation of parole — parole eligibility date in future

    (6.3) If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole.

  • Marginal note:Review

    (6.4) If the Board exercises its power under subsection (6.3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review — and either confirm or cancel — its decision.

• Marginal note:1995, c. 22, s. 18 (Sch. IV, item 19), c. 42, s. 50(7); 1997, c. 17, s. 32.1

  (6) Subsections 135(9.1) to (9.5) of the Act are replaced by the following:

  • Marginal note:Non-application of subsection (1.1)

    (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

    • (a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or

    • (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:Parole inoperative

    (9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated.

Marginal note:1997, c. 17, s. 33

90. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following:

Marginal note:1997, c. 17, s. 33

91. Section 136 of the Act is replaced by the following:

92. The Act is amended by adding the following after section 137:

Marginal note:1995, c. 42, s. 53

93. Subsection 138(6) of the Act is replaced by the following:

94. The heading before section 139 of the Act is replaced by the following:

Marginal note:1995, c. 42, s. 54

95. Subsection 139(1) of the Act is replaced by the following:

Marginal note:2011, c. 11, s. 6

• 96. (1) Paragraph 140(1)(b) of the Act is replaced by the following:

  • (b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);

• (2) Section 140 of the Act is amended by adding the following after subsection (9):

  • Marginal note:Presentation of statements

    (10) If they are attending a hearing as an observer,

    • (a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and

    • (b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.

  • Marginal note:Presentation of statements in absence of person

    (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate.

  • Marginal note:Communication of statement in writing

    (12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

97. Subsection 141(3) of the Act is replaced by the following:

Marginal note:1995, c. 42, subpar. 71(a)(xxi)(F)

• 98. (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following:

  • (v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,

• (2) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

  • (ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.

99. Subsection 144(1) of the Act is replaced by the following:

100. Subsection 146(1) of the Act is replaced by the following:

101. The Act is amended by adding the following after section 154:

102. Section 157 of the Act is amended by adding the following in alphabetical order:

Marginal note:2001, c. 41, s. 91

• 103. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:

  • (a) sections 46 and 47 (high treason);

  • (a.01) section 75 (piratical acts);

• (2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):

  • (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);

• (3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:

  • (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);

• (4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):

  • (g.1) section 153.1 (sexual exploitation of person with disability);

• (5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):

  • (j.1) section 163.1 (child pornography);

• (6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):

  • (m.1) section 172.1 (luring a child);

• (7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):

  • (n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);

• (8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):

  • (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);

• (9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):

  • (s.01) section 247 (traps likely to cause bodily harm);

  • (s.02) section 248 (interfering with transportation facilities);

• (10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):

  • (s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);

  • (s.12) section 249.2 (causing death by criminal negligence (street racing));

  • (s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));

  • (s.14) section 249.4 (dangerous operation of motor vehicle while street racing);

• (11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):

  • (s.4) section 264.1 (uttering threats);

• (12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):

  • (w.1) section 269.1 (torture);

• (13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (x):

  • (x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);

  • (x.2) section 270.02 (aggravated assault of peace officer);

• (14) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):

  • (z.11) section 273.3 (removal of child from Canada);

• (15) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:

  • (z.2) section 279 (kidnapping and forcible confinement);

• (16) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:

  • (z.3) sections 343 and 344 (robbery);

  • (z.301) section 346 (extortion);

104. Schedule I to the Act is amended by adding the following after section 5:

Transitional Provisions

Marginal note:Recalculation of statutory release date

105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

Marginal note:Detention

106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.

Marginal note:Automatic suspension, cancellation or revocation

107. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

R.S., c. C-47Criminal Records Act

108. The long title of the Criminal Records Act is replaced by the following:

Marginal note:1992, c. 22, s. 1(1); 2010, c. 5, par. 7.1(a)(E) and 7.3(a)(F)

• 109. (1) The definition “pardon” in subsection 2(1) of the Act is repealed.

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “child”

  « enfant »

  “child” means a person who is less than 18 years of age;

  “Executive Committee”

  « Bureau »

  “Executive Committee” means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act;

  “record suspension”

  « suspension du casier »

  “record suspension” means a measure ordered by the Board under section 4.1;

  “service offence”

  « infraction d’ordre militaire »

  “service offence” has the same meaning as in subsection 2(1) of the National Defence Act;

Marginal note:1992, c. 22, s. 2(1); 2010, c. 5, ss. 7.2(E) and 7.5(F)

110. Section 2.1 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 2(1)

• 111. (1) Subsection 2.2(1) of the Act is replaced by the following:

  Marginal note:Quorum

  • 2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.

• Marginal note:1992, c. 22, ss. 2(1) and (2)(E)

  (2) Subsection 2.2(2) of the English version of the Act is replaced by the following:

  • Marginal note:Panel of two or more persons

    (2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.

112. The Act is amended by adding the following after section 2.2:

113. The heading before section 3 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 3; 2004, c. 21, par. 40(1)(b)

114. Subsection 3(1) of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 38; 2010, c. 5, s. 2

115. Sections 4 and 4.01 of the Act are replaced by the following:

Marginal note:2010, c. 5, s. 3

• 116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:

  Marginal note:Record suspension

  • 4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that

    • (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

    • (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

  • Marginal note:Onus on applicant

    (2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

• Marginal note:2010, c. 5, s. 3

  (2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors

    (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

• Marginal note:2010, c. 5, s. 3

  (3) Paragraph 4.1(3)(c) of the Act is replaced by the following:

  • (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

Marginal note:2010, c. 5, s. 4

• 117. (1) Subsections 4.2(1) and (2) of the Act are replaced by the following:

  Marginal note:Inquiries

  • 4.2 (1) On receipt of an application for a record suspension, the Board

    • (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

    • (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

    • (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

  • Marginal note:Entitlement to make representations

    (2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

• Marginal note:2000, c. 1, s. 2

  (2) Subsection 4.2(4) of the Act is replaced by the following:

  • Marginal note:Waiting period

    (4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.

118. The Act is amended by adding the following after section 4.3:

Marginal note:1992, c. 22, s. 5; 2000, c. 1, s. 3; 2010, c. 5, s. 5, c. 17, s. 64

119. Section 5 of the Act and the heading before it are repealed.

Marginal note:2000, c. 1, s. 5(E); 2010, c. 5, par. 7.1(b)(E)

120. Subsections 6(1) and (2) of the Act are replaced by the following:

Marginal note:1992, c. 22, s. 6

121. The portion of section 6.2 of the Act before paragraph (a) is replaced by the following:

Marginal note:2000, c. 1, s. 6; 2010, c. 5, s. 6(1)

• 122. (1) Subsections 6.3(1) to (3) of the Act are replaced by the following:

  Definition of “vulnerable person”

  • 6.3 (1) In this section, “vulnerable person” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

    • (a) is in a position of dependency on others; or

    • (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

  • Marginal note:Notation of records

    (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered.

  • Marginal note:Verification

    (3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

    • (a) the position is one of trust or authority towards that child or vulnerable person; and

    • (b) the applicant has consented in writing to the verification.

• Marginal note:2010, c. 5, s. 6(2)

  (2) Subsection 6.3(9) of the Act is replaced by the following:

  • Marginal note:Amendment of Schedule 2

    (9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence.

Marginal note:2000, c. 1, s. 6; 2010, c. 5, par. 7.1(c)(E) and s. 7.4(F)

123. Section 6.4 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 7; 2010, c. 5, par. 7.1(d)(E)

124. Section 7 of the Act is replaced by the following:

Marginal note:2000, c. 1, s. 7; 2010, c. 5, par. 7.1(e)(E)

• 125. (1) Subsection 7.1(1) of the Act is replaced by the following:

  Marginal note:Entitlement to make representations

  • 7.1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

• Marginal note:2000, c. 1, s. 7

  (2) Subsection 7.1(2) of the English version of the Act is replaced by the following:

  • Marginal note:Board to consider representations

    (2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1).

Marginal note:2000, c. 1, s. 7; 2010, c. 5, s. 6.1(E) and par. 7.1(f)(E) and 7.3(b)(F)

126. Section 7.2 of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 8(1); 2010, c. 5, par. 7.1(g)(E)

127. The portion of section 8 of the Act before paragraph (a) is replaced by the following:

128. The Act is amended by adding the following after section 9:

Marginal note:2000, c. 1, s. 8

• 129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following:

  • (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);

• (2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph:

  • (c.2) respecting the disclosure of decisions under section 9.01; and

130. The Act is amended by adding the following after section 10:

131. Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

Marginal note:2010, c. 5, s. 9

132. Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following:

Marginal note:2010, c. 5, s. 9

133. Item 3 of Schedule 1 to the Act is repealed.

Marginal note:2000, c. 1, s. 8.1; 2008, c. 6, s. 58; 2010, c. 5, s. 8

134. Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act.

2004, c. 21International Transfer of Offenders Act

135. Section 3 of the International Transfer of Offenders Act is replaced by the following:

• 136. (1) Subsection 10(1) of the Act is replaced by the following:

  Marginal note:Factors — Canadian offenders

  • 10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:

    • (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;

    • (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including

      • (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender,

      • (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or

      • (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;

    • (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;

    • (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

    • (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;

    • (f) whether the offender has social or family ties in Canada;

    • (g) the offender’s health;

    • (h) whether the offender has refused to participate in a rehabilitation or reintegration program;

    • (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;

    • (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;

    • (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or

    • (l) any other factor that the Minister considers relevant.

• (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors — Canadian and foreign offenders

    (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:

Consequential Amendments

R.S., c. H-6Canadian Human Rights Act

Marginal note:1998, c. 9, s. 9

137. Section 2 of the English version of the Canadian Human Rights Act is replaced by the following:

Marginal note:1996, c. 14, s. 2

138. Subsection 3(1) of the English version of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 13

• 139. (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed.

• Marginal note:1992, c. 22, s. 13

  (2) The definition état de personne graciée in section 25 of the French version of the Act is replaced by the following:

  « état de personne graciée »

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

  état de personne graciée État d’une personne physique qui a obtenu un pardon accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel ou une suspension du casier au titre de la Loi sur le casier judiciaire, qui n’a pas été révoqué ni annulé.

• (3) Section 25 of the English version of the Act is amended by adding the following in alphabetical order:

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

  « état de personne graciée »

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect;

1992, c. 47Contraventions Act

140. Section 63 of the French version of the Contraventions Act is replaced by the following:

R.S., c. C-46Criminal Code

Marginal note:2004, c. 10, s. 20

• 141. (1) The definition réhabilitation in subsection 490.011(1) of the French version of the Criminal Code is repealed.

• Marginal note:2004, c. 10, s. 20

  (2) The definition “pardon” in subsection 490.011(1) of the English version of the Act is replaced by the following:

  “pardon”

  « pardon »

  “pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked.

• (3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order:

  “record suspension”

  « suspension du casier »

  “record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.

• (4) Subsection 490.011(1) of the French version of the Act is amended by adding the following in alphabetical order:

  « pardon »

  “pardon”

  pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 qui n’a pas été révoqué.

Marginal note:2007, c. 5, s. 15

• 142. (1) Subsection 490.015(3) of the Act is replaced by the following:

  • Marginal note:Pardon or record suspension

    (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

• Marginal note:2007, c. 5, s. 15

  (2) Subsection 490.015(5) of the Act is replaced by the following:

  • Marginal note:Re-application

    (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.

Marginal note:2004, c. 10, s. 20

143. Paragraph 490.022(2)(c) of the Act is replaced by the following:

Marginal note:2007, c. 5, s. 24; 2010, c. 17, s. 16(2)

144. Subsections 490.026(4) and (5) of the Act are replaced by the following:

Marginal note:1991, c. 43, s. 4

145. Paragraph 672.35(c) of the Act is replaced by the following:

Marginal note:2000, c. 1, s. 9

146. Subsection 750(4) of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F)

147. Subsection 753.2(3) of the Act is replaced by the following:

1998, c. 37DNA Identification Act

148. Subsection 10(8) of the DNA Identification Act is replaced by the following:

2001, c. 27Immigration and Refugee Protection Act

149. Paragraph 36(3)(b) of the Immigration and Refugee Protection Act is replaced by the following:

150. Paragraph 53(f) of the Act is replaced by the following:

2010, c. 5Limiting Pardons for Serious Crimes Act

151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11:

R.S., c. N-5National Defence Act

Marginal note:1991, c. 43, s. 18

152. Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following:

Marginal note:2007, c. 5, s. 4

• 153. (1) The definition “réhabilitation” in section 227 of the French version of the Act is repealed.

• Marginal note:2007, c. 5, s. 4

  (2) The definition “pardon” in section 227 of the English version of the Act is replaced by the following:

  “pardon”

  « pardon »

  “pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked.

• (3) Section 227 of the Act is amended by adding the following in alphabetical order:

  “record suspension”

  « suspension du casier »

  “record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect.

• (4) Section 227 of the French version of the Act is amended by adding the following in alphabetical order:

  « pardon »

  “pardon”

  pardon Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel qui n’a pas été révoqué.

Marginal note:2007, c. 5, s. 4

• 154. (1) Subsection 227.03(3) of the Act is replaced by the following:

  • Marginal note:Pardon or record suspension

    (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

• Marginal note:2007, c. 5, s. 4

  (2) Subsection 227.03(5) of the Act is replaced by the following:

  • Marginal note:Re-application

    (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.

Marginal note:2007, c. 5, s. 4; 2010, c. 17, s. 53(2)

155. Subsections 227.12(4) and (5) of the Act are replaced by the following:

2002, c. 1Youth Criminal Justice Act

156. Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following:

157. Subparagraph 119(1)(n)(iii) of the Act is replaced by the following:

158. Subparagraph 120(4)(c)(iii) of the Act is replaced by the following:

159. Subsection 128(5) of the Act is replaced by the following:

Terminology Changes

160. In the following provisions, “National Parole Board” is replaced by “Parole Board of Canada”:

• (a) Schedule I to the Access to Information Act;

• (b) in the Corrections and Conditional Release Act,

  • (i) subparagraph (a)(ii) of the definition “inmate” in subsection 2(1),

  • (ii) paragraph 4(a),

  • (iii) subsection 25(1),

  • (iv) the definition “Board” in subsection 99(1),

  • (v) paragraph 167(2)(a),

  • (vi) paragraph 177(b),

  • (vii) subsections 178(1) and (2),

  • (viii) subsections 179(1) and (3), and

  • (ix) section 180;

• (c) in the Criminal Code,

  • (i) subparagraph (b)(xi) of the definition “justice system participant” in section 2,

  • (ii) paragraph 672.35(c),

  • (iii) paragraphs 746.1(2)(c) and (3)(c),

  • (iv) subsection 753.2(3), and

  • (v) subsections 761(1) and (2);

• (d) in the Criminal Records Act,

  • (i) the definition “Board” in subsection 2(1), and

  • (ii) the heading before section 2.1;

• (e) section 5 of the Department of Public Safety and Emergency Preparedness Act;

• (f) in the Financial Administration Act,

  • (i) Schedule I.1,

  • (ii) Schedule IV, and

  • (iii) Part II of Schedule VI;

• (g) section 28 of the International Transfer of Offenders Act;

• (h) in the National Defence Act,

  • (i) paragraph 202.14(2)(h), and

  • (ii) subsection 222(2);

• (i) subsection 6(9) of the Prisons and Reformatories Act;

• (j) in the Privacy Act,

  • (i) section 24, and

  • (ii) the schedule, under the heading “OTHER GOVERNMENT INSTITUTIONS”;

• (k) Schedule I to the Public Sector Compensation Act, under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”; and

• (l) in the Youth Criminal Justice Act,

  • (i) paragraph 77(3)(b), and

  • (ii) paragraph 82(1)(d).

Transitional Provisions

Marginal note:New applications for pardons

161. Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension.

Marginal note:Pending applications — Criminal Records Act

162. An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force.

Marginal note:Pending applications — references in other legislation

163. A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

• (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;

• (b) paragraph 202.14(2)(h) of the National Defence Act; and

• (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.

Marginal note:Pardons in effect — Criminal Records Act

164. The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect.

Marginal note:Pardons in effect — references in other legislation

165. A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

• (a) the definition “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” in section 25 of the Canadian Human Rights Act;

• (b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code;

• (c) subsection 10(8) of the DNA Identification Act;

• (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

• (e) the definition “record suspension” in section 227 of the National Defence Act; and

• (f) subsection 128(5) of the Youth Criminal Justice Act.

Coming into Force

Marginal note:Order in council

• 166. (1) The provisions of this Part, other than sections 108 to 146, 148 to 159 and 161 to 165, come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 135 and 136 come into force on a day to be fixed by order of the Governor in Council.

PART 4YOUTH CRIMINAL JUSTICE

2002, c. 1Youth Criminal Justice Act

Amendments to the Act

• 167. (1) The definition “presumptive offence” in subsection 2(1) of the Youth Criminal Justice Act is repealed.

• (2) The definition “serious violent offence” in subsection 2(1) of the Act is replaced by the following:

  “serious violent offence”

  « infraction grave avec violence »

  “serious violent offence” means an offence under one of the following provisions of the Criminal Code:

  • (a) section 231 or 235 (first degree murder or second degree murder);

  • (b) section 239 (attempt to commit murder);

  • (c) section 232, 234 or 236 (manslaughter); or

  • (d) section 273 (aggravated sexual assault).

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “serious offence”

  « infraction grave »

  “serious offence” means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more.

  “violent offence”

  « infraction avec violence »

  “violent offence” means

  • (a) an offence committed by a young person that includes as an element the causing of bodily harm;

  • (b) an attempt or a threat to commit an offence referred to in paragraph (a); or

  • (c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.

• 168. (1) Paragraph 3(1)(a) of the Act is replaced by the following:

  • (a) the youth criminal justice system is intended to protect the public by

    • (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,

    • (ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and

    • (iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;

• (2) The portion of paragraph 3(1)(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following:

169. Subsection 29(2) of the Act is replaced by the following:

170. Subsection 32(1) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

171. Subsection 37(4) of the Act is replaced by the following:

172. Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

173. Paragraph 39(1)(c) of the Act is replaced by the following:

• 174. (1) Paragraph 42(2)(o) of the Act is replaced by the following:

  • (o) in the case of an offence set out in section 239 (attempt to commit murder), 232, 234 or 236 (manslaughter) or 273 (aggravated sexual assault) of the Criminal Code, make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105;

• (2) Paragraph 42(5)(a) of the Act is replaced by the following:

  • (a) the young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; and

• (3) Subparagraphs 42(7)(a)(i) and (ii) of the Act are replaced by the following:

  • (i) the young person has been found guilty of a serious violent offence, or

  • (ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence;

• (4) Subsections 42(9) and (10) of the Act are repealed.

175. Sections 61 to 63 of the Act are repealed.

• 176. (1) Subsections 64(1) and (2) of the Act are replaced by the following:

  Marginal note:Application by Attorney General

  • 64. (1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years.

  • Marginal note:Obligation

    (1.1) The Attorney General must consider whether it would be appropriate to make an application under subsection (1) if the offence is a serious violent offence and was committed after the young person attained the age of 14 years. If, in those circumstances, the Attorney General decides not to make an application, the Attorney General shall advise the youth justice court before the young person enters a plea or with leave of the court before the commencement of the trial.

  • Marginal note:Order fixing age

    (1.2) The lieutenant governor in council of a province may by order fix an age greater than 14 years but not greater than 16 years for the purpose of subsection (1.1).

  • Marginal note:Notice of intention to seek adult sentence

    (2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence.

• (2) Subsections 64(4) and (5) of the Act are repealed.

177. Sections 65 and 66 of the Act are repealed.

• 178. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Election — adult sentence

  • 67. (1) The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if

• (2) The portion of subsection 67(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Election — Nunavut

    (3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if

179. Section 68 of the Act is repealed.

• 180. (1) Subsection 69(1) of the Act is repealed.

• (2) Subsection 69(2) of the Act is replaced by the following:

  • Marginal note:Included offences

    (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence).

181. Section 70 of the Act is repealed.

182. Section 71 of the Act is replaced by the following:

• 183. (1) Subsections 72(1) to (3) of the Act are replaced by the following:

  Marginal note:Order of adult sentence

  • 72. (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that

    • (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and

    • (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.

  • Marginal note:Order of youth sentence

    (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.

  • Marginal note:Onus

    (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.

  • Marginal note:Pre-sentence report

    (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.

• (2) Subsection 72(5) of the Act is replaced by the following:

  • Marginal note:Appeal

    (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.

184. Section 73 of the Act is replaced by the following:

185. Section 75 of the Act is replaced by the following:

186. Subsection 76(2) of the Act is replaced by the following:

187. Section 81 of the Act is replaced by the following:

• 188. (1) Paragraph 82(1)(b) of the Act is replaced by the following:

  • (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);

• (2) Paragraph 82(4)(a) of the Act is repealed.

• (3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following:

  • b) de déterminer la peine applicable aux adultes à imposer.

189. Paragraph 110(2)(b) of the Act is replaced by the following:

190. Section 115 of the Act is amended by adding the following after subsection (1):

191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following:

192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following:

193. Section 160 of the Act is repealed.

194. Section 162 of the Act is replaced by the following:

Transitional Provision

Marginal note:Offences committed before this section in force

195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that

• (a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;

• (b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;

• (c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;

• (d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and

• (e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.

Related Amendments

1992, c. 20Corrections and Conditional Release Act

Marginal note:2004, c. 21, s. 39

196. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

197. Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:

R.S., c. P-20Prisons and Reformatories Act

Marginal note:2002, c. 1, s. 196(2)

198. The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:

Marginal note:1995, c. 42, s. 82(1)

• 199. (1) Subsection 6(1) of the Act is replaced by the following:

  Marginal note:Remission

  • 6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.

• Marginal note:2002, c. 1, s. 197

  (2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:

  • Marginal note:Transfer or committal to prison

    (7.1) When a prisoner is transferred from a youth custody facility to a prison as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

  • Marginal note:Exceptional date of release

    (7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.

• Marginal note:2002, c. 1, s. 197

  (3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Effect of release

    (7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.2), is entitled to be released,

Consequential Amendments

R.S., c. C-46Criminal Code

Marginal note:2002, c. 1, s. 181

200. Paragraph 667(1)(a) of the Criminal Code is replaced by the following:

Marginal note:1995, c. 42, par. 87(b)

201. Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following:

1998, c. 37DNA Identification Act

Marginal note:2005, c. 25, s. 19

202. Subsection 9.1(2) of the DNA Identification Act is replaced by the following:

Marginal note:2005, c. 25, s. 21

203. Subsection 10.1(2) of the Act is replaced by the following:

Coming into Force

Marginal note:Order in council

204. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 52001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT

Amendments to the Act

205. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:

206. Section 30 of the Act is amended by adding the following after subsection (1):

207. Subsection 94(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph:

Coming into Force

Marginal note:Order in council

208. This Part comes into force on a day to be fixed by order of the Governor in Council.