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Corrections and Conditional Release Act

Version of section 138 from 2012-06-13 to 2020-10-05:


Marginal note:Serving balance of sentence

  •  (1) Where the parole or statutory release of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole or statutory release was terminated or revoked.

  • Marginal note:Effect of termination on parole and statutory release

    (2) An offender whose parole or statutory release has been terminated is

    • (a) eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be; and

    • (b) entitled to be released on statutory release in accordance with section 127.

  • Marginal note:No forfeiture of remission

    (3) An offender whose parole or statutory release has been terminated is not liable to forfeit

  • Marginal note:Effect of revocation on parole

    (4) An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.

  • Marginal note:Exception

    (5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole or statutory release is revoked.

  • Marginal note:Effect of revocation on statutory release

    (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).

  • 1992, c. 20, s. 138
  • 1995, c. 42, ss. 53, 70(E)
  • 2004, c. 21, s. 40
  • 2012, c. 1, s. 93
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