Corrections and Conditional Release Act

Marginal note:Full parole review

• 123 (1) Subject to subsection (2), the Board shall, at the time prescribed by the regulations, review, for the purpose of full parole, 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) or (5) to review the case of an offender who has advised the Board in writing that the offender does not wish to be considered for full parole and who has not in writing revoked that advice.

• Marginal note:Review by Board

  (3) The Board shall, on application within the period prescribed by the regulations, review, for the purpose of full parole, the case of every offender who is serving a sentence of less than two years in a penitentiary or provincial correctional facility in a province where no provincial parole board has been established.

• Marginal note:Short sentences

  (3.1) The Board is not required to review the case of an offender who applies for full parole if the offender is serving a sentence of less than six months.

• Marginal note:Decision or adjournment

  (4) With respect to a review commenced under this section, the Board shall decide whether to grant full parole, or may grant day parole, or may adjourn the review for a reason authorized by the regulations and for a reasonable period not exceeding the maximum period prescribed by the regulations.

• Marginal note:Further review

  (5) Where the Board decides not to grant parole following a review pursuant to section 122 or subsection (1) or a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of

  • (a) the date on which the first review under this section took place or was scheduled to take place, and

  • (b) the date on which the first review under section 122 took place,

  and thereafter within two years after the date on which each preceding review under this section or section 122 took place or was scheduled to take place, until

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

  • (d) the sentence of the offender expires; or

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

• Marginal note:Renewal of application

  (6) Where the Board decides not to grant full parole following a review pursuant to this section, no further application for full parole may be made until six months after the decision or until such earlier time as the regulations prescribe or the Board determines.

• Marginal note:Withdrawal of application

  (7) An offender may withdraw an application for full parole at any time before the commencement of the review under this section.