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

PART IVConsequential and Related Amendments, Repeal and Transitional Provisions and Coming into Force

Criminal Code

199 to 203 [Amendments]

204 [Repealed, 1995, c. 42, s. 61]

Prisons and Reformatories Act

205 to 207 [Amendments]

Transfer of Offenders Act

208 to 211 [Amendments]

Department of the Solicitor General Act

212 [Amendment]

Repeal

213 and 214 [Repeals]

References

215 and 216 [Amendments]

Transitional Provisions

Marginal note:Commissioner remains in office

217 The person holding office as Commissioner of Corrections on the coming into force of section 214 continues in office as Commissioner and shall be deemed to have been appointed under Part I of this Act.

Marginal note:Federal-provincial agreements

• 218 (1) Any agreements made under the Penitentiary Act or the Prisons and Reformatories Act and in existence on the coming into force of section 214, to the extent that they are authorized to be entered into under subsection 15(3) or 16(1) of this Act, shall be deemed to have been entered into under that subsection.

• Marginal note:Idem

  (2) Any agreements made under the Parole Act and in existence on the coming into force of section 213, to the extent that they are authorized to be entered into under section 114 of this Act, shall be deemed to have been entered into under that section.

Marginal note:Temporary absences

219 Any temporary absence authorized under section 28 or 29 of the Penitentiary Act shall, on the coming into force of section 214, be dealt with as if it had been authorized under section 17 of this Act.

220 [Repealed, 2019, c. 27, s. 36]

Marginal note:Definitions

221 In this section and sections 222 to 227,

commencement day

commencement day means the day on which section 213 comes into force; (entrée en vigueur)

former Act

former Act means the Parole Act as it read immediately before the commencement day; (loi antérieure)

former Board

former Board means the National Parole Board established by section 3 of the former Act. (ancienne Commission)

Marginal note:Members of former Board

• 222 (1) A person who, immediately before the commencement day, was a full-time or temporary member of the former Board shall be deemed to have been appointed on the commencement day pursuant to section 103 to hold that office on the Board for a term equal to the remainder of the term for which the person was appointed.

• Marginal note:Former Chairman and Vice-Chairman

  (2) The persons who, immediately before the commencement day, were Chairman and Vice-Chairman of the former Board shall be deemed to have been designated on the commencement day pursuant to section 104 to hold the offices of Chairperson and Executive Vice-Chairperson, respectively.

• Marginal note:Continuation of community Board members

  (3) The repeal of the former Act does not affect the designation of a person who, immediately before the commencement day, was a person designated by the Minister pursuant to section 8 of the former Act, who may continue to conduct, as a regional community representative of the Board, the reviews of the classes of cases of offenders referred to in that section for the remainder of the term for which the person was designated.

• Marginal note:Remuneration

  (4) A person referred to in subsection (3) shall be paid such remuneration as is fixed by the Governor in Council for each day that the person is performing duties referred to in that subsection, and is entitled to be paid reasonable travel and living expenses incurred while performing those duties away from the person’s ordinary place of residence.

Marginal note:Reviews in progress

223 A review of the case of an offender begun under the former Act shall be continued after the commencement day as if it had been begun under this Act.

Marginal note:Parole and temporary absences

• 224 (1) Any parole granted or temporary absence authorized under the former Act shall, on and after the commencement day, be dealt with as if it had been granted or authorized under Part II of this Act.

• Marginal note:Mandatory supervision

  (2) Any person who is at large and subject to mandatory supervision under the former Act immediately before the commencement day shall be deemed, after that day, to be on statutory release under Part II of this Act.

Marginal note:Day parole eligibility of past offenders

• 225 (1) Subject to subsection (1.1), paragraph 119(1)(c) does not apply in respect of an offender who is serving a sentence imposed before November 1, 1992, but the corresponding provisions of the former Act and the regulations made under that Act apply in respect thereof as if they were provisions of this Act.

• Marginal note:Where additional sentence

  (1.1) Paragraph 119(1)(c) applies in respect of an offender who is serving a sentence imposed before November 1, 1992 where the offender receives an additional sentence on or after that day and, as a result, the offender is deemed, pursuant to section 139, to have been sentenced to one sentence.

• (2) [Repealed, 2011, c. 11, s. 7]

Marginal note:Determination of eligibility date for parole

• 226 (1) Where an offender who was serving a sentence before the commencement day is sentenced, before that sentence expires and after the coming into force of section 743.6 of the Criminal Code, to another sentence for an offence referred to in that section that was prosecuted by way of indictment, and the court determines pursuant to that section that the offender shall serve one half of the sentence imposed by it, that offender may be released on full parole after having served a period of imprisonment equal to the lesser of one half or ten years of that other sentence and, in addition,

  • (a) where the two sentences are to be served concurrently, one third of any portion of the first sentence that is not served concurrently with the other sentence; or

  • (b) where the two sentences are to be served consecutively, the lesser of

    • (i) one third of the first sentence, and

    • (ii) the portion of the sentence that would have had to be served before full parole could have been granted in the event that the two sentences were to have been served concurrently.

• Marginal note:Maximum period

  (2) No offender referred to in subsection (1) is required to serve more than one half of the offender’s sentence before becoming eligible to be released on full parole.

Marginal note:Revocation of mandatory supervision

227 Where a person was released before the commencement day subject to mandatory supervision following an order referred to in section 26.1 of the Penitentiary Act and the release subject to mandatory supervision is revoked under Part II of this Act, the offender is not entitled to be released thereafter on statutory release under that Part.

Marginal note:Remission forfeited under Penitentiary Act

227.1 Any remission that was forfeited under subsection 25(6) of the Penitentiary Act, as that Act read immediately before November 1, 1992, is deemed, as of November 1, 1992, to be recredited and the offender continues to be subject to the order under subsection 21.4(4) of the Parole Act, as that Act read immediately before November 1, 1992, as if the order had been made under section 130 of this Act.

228 and 229 [Amendments]

Marginal note:Correctional Investigator

230 The person holding office as Correctional Investigator under the Inquiries Act immediately before the coming into force of this section continues in office as Correctional Investigator and shall be deemed to have been appointed under Part III of this Act for a term of one year beginning on the coming into force of this section.

Marginal note:Staff of Correctional Investigator

• 231 (1) A person whose services were engaged by the Correctional Investigator on a full-time basis pursuant to the Inquiries Act during any period immediately before the coming into force of this section shall be deemed to have been appointed in accordance with the Public Service Employment Act on the coming into force of this section, unless the person otherwise elects in writing within ninety days after the coming into force of this section.

• Marginal note:Probation under Public Service Employment Act

  (2) Notwithstanding subsection (1) of this section and section 28 of the Public Service Employment Act, a person who is deemed by subsection (1) of this section to have been appointed in accordance with the Public Service Employment Act

  • (a) is not subject to probation under that Act if the person’s services were engaged on a full-time basis by the Correctional Investigator during a period of at least one year immediately before the coming into force of this section; or

  • (b) is subject to probation under that Act for a period equal to one year minus the period during which the person’s services were engaged on a full-time basis by the Correctional Investigator immediately before the coming into force of this section, where the latter period is less than one year.