Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2019-12-03 and last amended on 2019-11-30. Previous Versions

PART IIConditional Release, Detention and Long-term Supervision (continued)

Eligibility for Parole (continued)

Marginal note:Multiple sentences on same day

  •  (1) A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of

    • (a) the period of ineligibility in respect of any portion of the sentence constituted under subsection 139(1) that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and

    • (b) the period of ineligibility in respect of any other portion of that sentence.

  • Marginal note:One or more additional consecutive sentences

    (2) If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

    • (a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

    • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.

  • Marginal note:Additional sentence to be served consecutively to portion of sentence

    (3) Despite subsection (2), if an offender who is serving a sentence or a sentence that was constituted under subsection 139(1) receives an additional sentence or two or more sentences that are to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences including a sentence to be served concurrently with the sentence being served and one or more sentences to be served consecutively to the additional concurrent sentence — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, any remaining period of ineligibility to which they are subject and the longer of the following periods:

    • (a) one third of the period that equals the difference between the length of the sentence that was constituted under subsection 139(1), including the additional sentence or sentences, and the length of the sentence that they are serving when the additional sentence is or sentences are imposed; or

    • (b) the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.

  • 1995, c. 42, s. 34
  • 1997, c. 17, s. 22(F)
  • 2012, c. 1, s. 76
  • 2013, c. 24, s. 133

Marginal note:Additional concurrent sentence

  •  (1) Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of

    • (a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and

    • (b) the day on which they have served

      • (i) the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and

      • (ii) the period of ineligibility in respect of any other portion of that sentence.

  • Marginal note:One or more sentences in addition to life sentence

    (2) If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

    • (a) any remaining period of ineligibility to which they are subject, and

    • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

  • Marginal note:Reduction of period of ineligibility for parole

    (3) If there has been a reduction — under section 745.6 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act — in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

    • (a) any remaining period of ineligibility to which they would have been subject after taking into account the reduction, and

    • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

  • 1995, c. 22, s. 18, c. 42, s. 34
  • 1997, c. 17, s. 23(F)
  • 1998, c. 35, s. 113
  • 2000, c. 24, s. 39
  • 2012, c. 1, s. 76
  • 2013, c. 24, ss. 127, 128

Marginal note:Maximum period

 Subject to section 745 of the Criminal Code, subsection 226.1(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, the day on which an offender is eligible for full parole shall not be later than

  • (a) in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;

  • (b) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and

  • (c) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.

  • 1995, c. 22, s. 18, c. 42, s. 34
  • 1998, c. 35, s. 114
  • 2000, c. 24, s. 40
  • 2012, c. 1, s. 76
  • 2013, c. 24, s. 127

Marginal note:Exceptional cases

  •  (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 226.1(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 226.2 of the National Defence Act — parole may be granted at any time to an offender

    • (a) who is terminally ill;

    • (b) whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;

    • (c) for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or

    • (d) who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.

  • Marginal note:Exceptions

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

    • (a) serving a life sentence imposed as a minimum punishment or commuted from a sentence of death; or

    • (b) serving, in a penitentiary, a sentence for an indeterminate period.

  • 1992, c. 20, s. 121
  • 1995, c. 22, s. 13, c. 42, s. 35
  • 1998, c. 35, s. 115
  • 1999, c. 18, s. 86
  • 2012, c. 1, s. 77
  • 2013, c. 24, ss. 128, 133
 
Date modified: