Short Title

Marginal note:Short title

1 This Act may be cited as the Corrections and Conditional Release Act.

PART IInstitutional and Community Corrections

Interpretation

Marginal note:Definitions

• 2 (1) In this Part,

  Commissioner

  commissaire

  Commissioner means the Commissioner of Corrections appointed pursuant to subsection 6(1); (commissaire)

  contraband

  objets interdits

  contraband means

  • (a) an intoxicant,

  • (b) a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization,

  • (c) an explosive or a bomb or a component thereof,

  • (d) currency over any applicable prescribed limit, when possessed without prior authorization, and

  • (e) any item not described in paragraphs (a) to (d) that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization; (objets interdits)

  day parole

  semi-liberté

  day parole has the same meaning as in Part II; (semi-liberté)

  inmate

  détenu

  inmate means

  • (a) a person who is in a penitentiary pursuant to

    • (i) a sentence, committal or transfer to penitentiary, or

    • (ii) a condition imposed by the National Parole Board in connection with day parole or statutory release, or

  • (b) a person who, having been sentenced, committed or transferred to penitentiary,

    • (i) is temporarily outside penitentiary by reason of a temporary absence or work release authorized under this Act, or

    • (ii) is temporarily outside penitentiary for reasons other than a temporary absence, work release, parole or statutory release, but is under the direction or supervision of a staff member or of a person authorized by the Service; (détenu)

  institutional head

  Version anglaise seulement

  institutional head, in relation to a penitentiary, means the person who is normally in charge of the penitentiary; (Version anglaise seulement)

  intoxicant

  substance intoxicante

  intoxicant means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or meet the ordinary demands of life, but does not include caffeine, nicotine or any authorized medication used in accordance with directions given by a staff member or a registered health care professional; (substance intoxicante)

  long-term supervision

  surveillance de longue durée

  long-term supervision means long-term supervision ordered under paragraph 753.1(3)(b), or subparagraph 759(3)(a)(i), 759(4)(a)(ii) or 759(4.2)(a)(i) of the Criminal Code; (surveillance de longue durée)

  Minister

  ministre

  Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

  offender

  délinquant

  offender means

  • (a) an inmate, or

  • (b) a person who, having been sentenced, committed or transferred to penitentiary, is outside penitentiary

    • (i) by reason of parole or statutory release,

    • (ii) pursuant to an agreement referred to in subsection 81(1), or

    • (iii) pursuant to a court order; (délinquant)

  parole

  libération conditionnelle

  parole has the same meaning as in Part II; (libération conditionnelle)

  penitentiary

  pénitencier

  penitentiary means

  • (a) a facility of any description, including all lands connected therewith, that is operated, permanently or temporarily, by the Service for the care and custody of inmates, and

  • (b) any place declared to be a penitentiary pursuant to section 7; (pénitencier)

  prescribed

  Version anglaise seulement

  prescribed means prescribed by regulation; (Version anglaise seulement)

  sentence

  peine ou peine d'emprisonnement

  sentence means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act; (peine ou peine d'emprisonnement)

  Service

  Service

  Service means the Correctional Service of Canada described in section 5; (Service)

  staff member

  agent

  staff member means an employee of the Service; (agent)

  statutory release

  libération d’office

  statutory release has the same meaning as in Part II; (libération d’office)

  victim

  victime

  victim

  • (a) 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

  • (b) where the person is dead, ill or otherwise incapacitated, the person’s spouse, an individual who is cohabiting, or was cohabiting at the time of the person’s death, with the person in a conjugal relationship, having so cohabited for a period of at least one year, any relative or dependant of the person, or anyone who has in law or fact custody or is responsible for the care or support of the person; (victime)

  visitor

  visiteur

  visitor means any person other than an inmate or a staff member. (visiteur)

• Marginal note:Exercise of powers, etc.

  (2) Except as otherwise provided by this Part or by regulations made under paragraph 96(b),

  • (a) powers, duties and functions that this Part assigns to the Commissioner may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

  • (b) powers, duties and functions that this Part assigns to the institutional head may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.

Marginal note:Application to persons subject to long-term supervision order

2.1 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 3, 4, 23 to 27, 55 and 56, subsections 57(2) and 66(3), sections 68, 69, 76, 77 and 79 to 82, paragraph 87(b) and sections 90 and 91 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.

Purpose

Marginal note:Purpose of correctional system

3 The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by

• (a) carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and

• (b) assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.

Principles

Marginal note:Principles that guide the Service

4 The principles that shall guide the Service in achieving the purpose referred to in section 3 are

• (a) that the protection of society be the paramount consideration in the corrections process;

• (b) that the sentence be carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, other information from the trial or sentencing process, the release policies of, and any comments from, the National Parole Board, and information obtained from victims and offenders;

• (c) that the Service enhance its effectiveness and openness through the timely exchange of relevant information with other components of the criminal justice system, and through communication about its correctional policies and programs to offenders, victims and the public;

• (d) that the Service use the least restrictive measures consistent with the protection of the public, staff members and offenders;

• (e) that offenders retain the rights and privileges of all members of society, except those rights and privileges that are necessarily removed or restricted as a consequence of the sentence;

• (f) that the Service facilitate the involvement of members of the public in matters relating to the operations of the Service;

• (g) that correctional decisions be made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

• (h) that correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements;

• (i) that offenders are expected to obey penitentiary rules and conditions governing temporary absence, work release, parole and statutory release, and to actively participate in programs designed to promote their rehabilitation and reintegration; and

• (j) that staff members be properly selected and trained, and be given

  • (i) appropriate career development opportunities,

  • (ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

  • (iii) opportunities to participate in the development of correctional policies and programs.

Correctional Service of Canada

Marginal note:Correctional Service of Canada

5 There shall continue to be a correctional service in and for Canada, to be known as the Correctional Service of Canada, which shall be responsible for

• (a) the care and custody of inmates;

• (b) the provision of programs that contribute to the rehabilitation of offenders and to their successful reintegration into the community;

• (c) the preparation of inmates for release;

• (d) parole, statutory release supervision and long-term supervision of offenders; and

• (e) maintaining a program of public education about the operations of the Service.

Marginal note:Commissioner

• 6 (1) The Governor in Council may appoint a person to be known as the Commissioner of Corrections who, under the direction of the Minister, has the control and management of the Service and all matters connected with the Service.

• Marginal note:National headquarters

  (2) The national headquarters of the Service and the offices of the Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Regional headquarters

  (3) The Commissioner may establish regional headquarters of the Service.

Marginal note:Penitentiaries

• 7 (1) Subject to subsection (3), the Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act, or any hospital, to be a penitentiary in respect of any person or class of persons.

• Marginal note:Idem

  (2) Subject to subsection (3), the Governor in Council may, by order, declare any place to be a penitentiary.

• Marginal note:Provincial approval

  (3) No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) without the approval of an officer designated by the lieutenant governor of that province.

Marginal note:Lands constituting penitentiary

8 In any proceedings before a court in Canada in which a question arises concerning the location or description of lands alleged to constitute a penitentiary, a certificate purporting to be signed by the Commissioner, setting out the location or description of those lands as constituting a penitentiary, is admissible in evidence and, in the absence of any evidence to the contrary, is proof that the lands as located or described in the certificate constitute a penitentiary.

Marginal note:Lawful custody

9 For greater certainty, a person who is an inmate by virtue of subparagraph (b)(ii) of the definition “inmate” in section 2 shall be deemed to be in the lawful custody of the Service.

Marginal note:Peace officer status

10 The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of

• (a) an offender subject to a warrant or to an order for long-term supervision; and

• (b) any person, while the person is in a penitentiary.

Reception of Inmates

Marginal note:General

11 A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary, and any designation of a particular penitentiary in the warrant of committal is of no force or effect.

Marginal note:Recommitment to custody

11.1 Where a person who is sentenced, committed or transferred to penitentiary is at large without lawful authority before the expiration of the sentence according to law and where no alternative means of arrest are available, the institutional head may, by warrant, authorize the apprehension and recommitment of the person to custody in a penitentiary.

Marginal note:Fifteen day delay

12 In order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.

Marginal note:Medical certificate

13 The institutional head may refuse to receive a person referred to in section 12 into the penitentiary if there is not a certificate signed by a registered health care professional setting out available health information and stating whether or not the person appears to be suffering from a dangerous, infectious or contagious disease.

Marginal note:Confinement in provincial facility

• 14 (1) A person who, by virtue of section 12 or 13, is not received into a penitentiary shall be confined in a provincial correctional facility.

• Marginal note:Idem

  (2) The person in charge of the provincial correctional facility to whom a person referred to in subsection (1) is delivered shall, on being presented with

  • (a) the warrant of committal to penitentiary, or

  • (b) a copy of the warrant of committal certified by any judge of a superior or provincial court, by any justice of the peace, or by the clerk of the court in which the person was convicted,

  confine the person in the provincial correctional facility until the person is transferred to penitentiary or released from custody in accordance with law.

Marginal note:Newfoundland

• 15 (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland.

• Marginal note:Idem

  (2) A person who, pursuant to subsection (1), is not received in a penitentiary shall be confined in the provincial correctional facility in Newfoundland known as Her Majesty’s Penitentiary, and is subject to all the statutes, regulations and rules applicable in that facility.

• Marginal note:Agreement re cost

  (3) The Minister may, with the approval of the Governor in Council, enter into an agreement with the Province of Newfoundland providing for the payment to the Province of the cost of maintaining persons who are confined pursuant to subsection (2).

Exchange of Service Agreements

Marginal note:Agreements with provinces

• 16 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province for

  • (a) the confinement in provincial correctional facilities or hospitals in that province of persons sentenced, committed or transferred to penitentiary; and

  • (b) the confinement in penitentiary of persons sentenced or committed to imprisonment for less than two years for offences under any Act of Parliament or any regulations made thereunder.

• Marginal note:Effect of confinement

  (2) Subject to subsection (3), a person who, pursuant to an agreement entered into under paragraph (1)(b), is confined in a penitentiary is, notwithstanding subsection 743.3(1) of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

• Marginal note:Release date

  (3) The release date of an offender who is transferred to penitentiary pursuant to an agreement entered into under paragraph (1)(b) shall be determined by crediting against the sentence

  • (a) any remission, statutory or earned, standing to the offender’s credit on the day of the transfer; and

  • (b) the maximum remission that could have been earned on the balance of the sentence pursuant to the Prisons and Reformatories Act.

Escorted Temporary Absences

Marginal note:Temporary absences may be authorized

• 17 (1) Where, in the opinion of the institutional head,

  • (a) an inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section,

  • (b) it is desirable for the inmate to be absent from penitentiary, escorted by a staff member or other person authorized by the institutional head, for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence, and

  • (d) a structured plan for the absence has been prepared,

  the absence may, subject to section 746.1 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, be authorized by the institutional head

  • (e) for an unlimited period for medical reasons, or

  • (f) for reasons other than medical,

    • (i) for a period not exceeding five days, or

    • (ii) with the Commissioner’s approval, for a period exceeding five days but not exceeding fifteen days.

• Marginal note:Conditions

  (2) The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Cancellation

  (3) The institutional head may cancel a temporary absence either before or after its commencement.

• Marginal note:Reasons to be given

  (4) The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.

• Marginal note:Travel time

  (5) In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

• Marginal note:Delegation to provincial hospital

  (6) Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate.

Work Releases

Marginal note:Definition of “work release”

• 18 (1) In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

• Marginal note:Work releases may be authorized

  (2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,

  • (a) the inmate will not, by reoffending, present an undue risk to society during a work release,

  • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

  • (d) a structured plan for the work release has been prepared,

  the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

• Marginal note:Conditions

  (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Suspension or cancellation

  (4) The institutional head may suspend or cancel a work release either before or after its commencement.

• Marginal note:Reasons to be given

  (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

• Marginal note:Warrant

  (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

Investigations

Marginal note:General

• 19 (1) Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Special investigations

20 The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

Marginal note:Application of Inquiries Act

21 Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

• (a) as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and

• (b) with such other modifications as the circumstances require.

Compensation for Death or Disability

Marginal note:Minister may pay compensation

22 The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of

• (a) an inmate, or

• (b) a person on day parole

that is attributable to the participation of that inmate or person in an approved program.

Information

Marginal note:Service to obtain certain information about offender

• 23 (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,

  • (a) relevant information about the offence;

  • (b) relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;

  • (c) any reasons and recommendations relating to the sentencing or committal that are given or made by

    • (i) the court that convicts, sentences or commits the person, and

    • (ii) any court that hears an appeal from the conviction, sentence or committal;

  • (d) any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and

  • (e) any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.

• Marginal note:Access by offender

  (2) Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.

• Marginal note:Disclosure to Service

  (3) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).

Marginal note:Accuracy, etc., of information

• 24 (1) The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible.

• Marginal note:Correction of information

  (2) Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein,

  • (a) the offender may request the Service to correct that information; and

  • (b) where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested.

Marginal note:Service to give information to parole boards, etc.

• 25 (1) The Service shall give, at the appropriate times, to the National Parole Board, provincial governments, provincial parole boards, police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.

• Marginal note:Police to be notified of releases

  (2) Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known.

• Marginal note:Service to give information to police in some cases

  (3) Where the Service has reasonable grounds to believe that an inmate who is about to be released by reason of the expiration of the sentence will, on release, pose a threat to any person, the Service shall, prior to the release and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat.

Marginal note:Disclosure of information to victims

• 26 (1) At the request of a victim of an offence committed by an offender, the Commissioner

  • (a) shall disclose to the victim the following information about the offender:

    • (i) the offender’s name,

    • (ii) the offence of which the offender was convicted and the court that convicted the offender,

    • (iii) the date of commencement and length of the sentence that the offender is serving, and

    • (iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole; and

  • (b) may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

    • (i) the offender’s age,

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

    • (iii) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

    • (iv) the date of any hearing for the purposes of a review under section 130,

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

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

    • (vii) whether the offender is in custody and, if not, the reason why the offender is not in custody.

• Marginal note:Idem

  (2) Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person’s privacy that could result from the disclosure.

• Marginal note:Disclosure of information to other persons

  (3) Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

  • (a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

  • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

• Marginal note:Idem

  (4) Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

  • (a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

  • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

Marginal note:Information to be given to offenders

• 27 (1) Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be taken, all the information to be considered in the taking of the decision or a summary of that information.

• Marginal note:Idem

  (2) Where an offender is entitled by this Part or the regulations to be given reasons for a decision taken by the Service about the offender, the person or body that takes the decision shall, subject to subsection (3), give the offender, forthwith after the decision is taken, all the information that was considered in the taking of the decision or a summary of that information.

• Marginal note:Exceptions

  (3) Except in relation to decisions on disciplinary offences, where the Commissioner has reasonable grounds to believe that disclosure of information under subsection (1) or (2) would jeopardize

  • (a) the safety of any person,

  • (b) the security of a penitentiary, or

  • (c) the conduct of any lawful investigation,

  the Commissioner may authorize the withholding from the offender of as much information as is strictly necessary in order to protect the interest identified in paragraph (a), (b) or (c).

• Marginal note:Right to interpreter

  (4) An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter

  • (a) at any hearing provided for by this Part or the regulations; and

  • (b) for the purposes of understanding materials provided to the offender pursuant to this section.

Placement and Transfer of Inmates

Marginal note:Criteria for selection of penitentiary

28 Where a person is, or is to be, confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which the person is confined is one that provides the least restrictive environment for that person, taking into account

• (a) the degree and kind of custody and control necessary for

  • (i) the safety of the public,

  • (ii) the safety of that person and other persons in the penitentiary, and

  • (iii) the security of the penitentiary;

• (b) accessibility to

  • (i) the person’s home community and family,

  • (ii) a compatible cultural environment, and

  • (iii) a compatible linguistic environment; and

• (c) the availability of appropriate programs and services and the person’s willingness to participate in those programs.

Marginal note:Transfers

29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary to

• (a) another penitentiary in accordance with the regulations made under paragraph 96(d), subject to section 28; or

• (b) a provincial correctional facility or hospital in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations.

Security Classification

Marginal note:Service to classify each inmate

• 30 (1) The Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.6).

• Marginal note:Service to give reasons

  (2) The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.

Administrative Segregation

Marginal note:Purpose

• 31 (1) The purpose of administrative segregation is to keep an inmate from associating with the general inmate population.

• Marginal note:Duration

  (2) Where an inmate is in administrative segregation in a penitentiary, the Service shall endeavour to return the inmate to the general inmate population, either of that penitentiary or of another penitentiary, at the earliest appropriate time.

• Marginal note:Grounds for confining inmate in administrative segregation

  (3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head believes on reasonable grounds

  • (a) that

    • (i) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person, and

    • (ii) the continued presence of the inmate in the general inmate population would jeopardize the security of the penitentiary or the safety of any person,

  • (b) that the continued presence of the inmate in the general inmate population would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence, or

  • (c) that the continued presence of the inmate in the general inmate population would jeopardize the inmate’s own safety,

  and the institutional head is satisfied that there is no reasonable alternative to administrative segregation.

Marginal note:Considerations governing release

32 All recommendations to the institutional head referred to in paragraph 33(1)(c) and all decisions by the institutional head to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.

Marginal note:Case to be reviewed

• 33 (1) Where an inmate is involuntarily confined in administrative segregation, a person or persons designated by the institutional head shall

  • (a) conduct, at the prescribed time and in the prescribed manner, a hearing to review the inmate’s case;

  • (b) conduct, at prescribed times and in the prescribed manner, further regular hearings to review the inmate’s case; and

  • (c) recommend to the institutional head, after the hearing mentioned in paragraph (a) and after each hearing mentioned in paragraph (b), whether or not the inmate should be released from administrative segregation.

• Marginal note:Presence of inmate

  (2) A hearing mentioned in paragraph (1)(a) shall be conducted with the inmate present unless

  • (a) the inmate is voluntarily absent;

  • (b) the person or persons conducting the hearing believe on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or

  • (c) the inmate seriously disrupts the hearing.

Marginal note:Where institutional head must meet with inmate

34 Where the institutional head does not intend to accept a recommendation made under section 33 to release an inmate from administrative segregation, the institutional head shall, as soon as is practicable, meet with the inmate

• (a) to explain the reasons for not intending to accept the recommendation; and

• (b) to give the inmate an opportunity to make oral or written representations.

Marginal note:Idem

35 Where an inmate requests to be placed in, or continue in, administrative segregation and the institutional head does not intend to grant the request, the institutional head shall, as soon as is practicable, meet with the inmate

• (a) to explain the reasons for not intending to grant the request; and

• (b) to give the inmate an opportunity to make oral or written representations.

Marginal note:Visits to inmate

• 36 (1) An inmate in administrative segregation shall be visited at least once every day by a registered health care professional.

• Marginal note:Idem

  (2) The institutional head shall visit the administrative segregation area at least once every day and meet with individual inmates on request.

Marginal note:Rights, etc., of inmate

37 An inmate in administrative segregation shall be given the same rights, privileges and conditions of confinement as the general inmate population, except for those rights, privileges and conditions that

• (a) can only be enjoyed in association with other inmates; or

• (b) cannot reasonably be given owing to

  • (i) limitations specific to the administrative segregation area, or

  • (ii) security requirements.

Discipline

Marginal note:Purpose of disciplinary system

38 The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.

Marginal note:System exclusive

39 Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.

Marginal note:Disciplinary offences

40 An inmate commits a disciplinary offence who

• (a) disobeys a justifiable order of a staff member;

• (b) is, without authorization, in an area prohibited to inmates;

• (c) wilfully or recklessly damages or destroys property that is not the inmate’s;

• (d) commits theft;

• (e) is in possession of stolen property;

• (f) is disrespectful or abusive toward a staff member in a manner that could undermine a staff member’s authority;

• (g) is disrespectful or abusive toward any person in a manner that is likely to provoke a person to be violent;

• (h) fights with, assaults or threatens to assault another person;

• (i) is in possession of, or deals in, contraband;

• (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;

• (k) takes an intoxicant into the inmate’s body;

• (l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;

• (m) creates or participates in

  • (i) a disturbance, or

  • (ii) any other activity

  that is likely to jeopardize the security of the penitentiary;

• (n) does anything for the purpose of escaping or assisting another inmate to escape;

• (o) offers, gives or accepts a bribe or reward;

• (p) without reasonable excuse, refuses to work or leaves work;

• (q) engages in gambling;

• (r) wilfully disobeys a written rule governing the conduct of inmates; or

• (s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).

Marginal note:Informal resolution

• 41 (1) Where a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, the staff member shall take all reasonable steps to resolve the matter informally, where possible.

• Marginal note:Charge may be issued

  (2) Where an informal resolution is not achieved, the institutional head may, depending on the seriousness of the alleged conduct and any aggravating or mitigating factors, issue a charge of a minor disciplinary offence or a serious disciplinary offence.

Marginal note:Notice of charge

42 An inmate charged with a disciplinary offence shall be given a written notice of the charge in accordance with the regulations, and the notice must state whether the charge is minor or serious.

Marginal note:Hearing

• 43 (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner.

• Marginal note:Presence of inmate

  (2) A hearing mentioned in subsection (1) shall be conducted with the inmate present unless

  • (a) the inmate is voluntarily absent;

  • (b) the person conducting the hearing believes on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or

  • (c) the inmate seriously disrupts the hearing.

• Marginal note:Decision

  (3) The person conducting the hearing shall not find the inmate guilty unless satisfied beyond a reasonable doubt, based on the evidence presented at the hearing, that the inmate committed the disciplinary offence in question.

Marginal note:Disciplinary sanctions

• 44 (1) An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:

  • (a) a warning or reprimand;

  • (b) a loss of privileges;

  • (c) an order to make restitution;

  • (d) a fine;

  • (e) performance of extra duties; and

  • (f) in the case of a serious disciplinary offence, segregation from other inmates for a maximum of thirty days.

• Marginal note:Collection of fine or restitution

  (2) A fine or restitution imposed pursuant to subsection (1) may be collected in the prescribed manner.

Summary Conviction Offences

Marginal note:Summary conviction offences

45 Every person commits a summary conviction offence who

• (a) is in possession of contraband beyond the visitor control point in a penitentiary;

• (b) is in possession of anything referred to in paragraph (b) or (c) of the definition “contraband” in section 2 before the visitor control point at a penitentiary;

• (c) delivers contraband to, or receives contraband from, an inmate;

• (d) without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or

• (e) trespasses at a penitentiary.

Search and Seizure

Interpretation

Marginal note:Definitions

46 In sections 47 to 67,

body cavity

body cavity means the rectum or vagina; (cavité corporelle)

body cavity search

body cavity search means the physical probing of a body cavity, in the prescribed manner; (examen des cavités corporelles)

frisk search

frisk search means

• (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille par palpation)

non-intrusive search

non-intrusive search means

• (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille discrète)

strip search

strip search means

• (a) a visual inspection of the naked body, in the prescribed manner, and

• (b) a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; (fouille à nu)

urinalysis

urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. (prise d’échantillon d’urine)

Searches of Inmates

Marginal note:Routine non-intrusive or frisk searches

• 47 (1) A staff member may conduct routine non-intrusive searches or routine frisk searches of inmates, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the power to search that a staff member is authorized to conduct under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

Marginal note:Routine strip search of inmates

48 A staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,

• (a) in the prescribed circumstances, which circumstances must be limited to situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or

• (b) when the inmate is entering or leaving a segregation area.

Marginal note:Frisk search of inmate

• 49 (1) Where a staff member suspects on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, the staff member may conduct a frisk search of the inmate.

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the powers of search of a staff member under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

• Marginal note:Strip search of inmate

  (3) Where a staff member

  • (a) believes on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and

  • (b) satisfies the institutional head that there are reasonable grounds to so believe,

  a staff member of the same sex as the inmate may conduct a strip search of the inmate.

• Marginal note:Emergency search

  (4) Where a staff member

  • (a) satisfies the requirements of paragraph (3)(a), and

  • (b) believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) would result in danger to human life or safety or in loss or destruction of the evidence,

  the staff member may conduct the strip search without complying with paragraph (3)(b) or the gender requirement of subsection (3).

Marginal note:Staff member to inform institutional head

50 Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but shall inform the institutional head.

Marginal note:Use of X-ray, “dry cell”

51 Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing one or both of the following:

• (a) the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained; and

• (b) the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary’s medical staff, on the expectation that the contraband will be expelled.

Marginal note:Body cavity search

52 Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the institutional head may authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate’s consent is obtained.

Marginal note:Exceptional power of search

• 53 (1) Where the institutional head is satisfied that there are reasonable grounds to believe that

  • (a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and

  • (b) a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger,

  the institutional head may authorize in writing such a search, subject to subsection (2).

• Marginal note:Gender requirement

  (2) A strip search authorized under subsection (1) shall be conducted in each case by a staff member of the same sex as the inmate.

Marginal note:Urinalysis

54 Subject to section 56 and subsection 57(1), a staff member may demand that an inmate submit to urinalysis

• (a) where the staff member believes on reasonable grounds that the inmate has committed or is committing the disciplinary offence referred to in paragraph 40(k) and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the institutional head;

• (b) as part of a prescribed random selection urinalysis program, conducted without individualized grounds on a periodic basis and in accordance with any Commissioner’s Directives that the regulations may provide for; or

• (c) where urinalysis is a prescribed requirement for participation in

  • (i) a prescribed program or activity involving contact with the community, or

  • (ii) a prescribed substance abuse treatment program.

Marginal note:Urinalysis

55 Subject to section 56 and subsection 57(2), a staff member, or any other person so authorized by the Service, may demand that an offender submit to urinalysis

• (a) at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or

• (b) at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs.

Marginal note:Information requirements

56 Where a demand is made of an offender to submit to urinalysis pursuant to section 54 or 55, the person making the demand shall forthwith inform the offender of the basis of the demand and the consequences of non-compliance.

Marginal note:Right to make representations

• 57 (1) An inmate who is required to submit to urinalysis pursuant to paragraph 54(a) shall be given an opportunity to make representations to the institutional head before submitting the urine sample.

• Marginal note:Idem

  (2) An offender who is required to submit to urinalysis at regular intervals pursuant to section 55 shall be given reasonable opportunities to make representations to the prescribed official in relation to the length of the intervals.

Searches of Cells

Marginal note:Searches of cells

58 A staff member may, in the prescribed manner, conduct searches of cells and their contents in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

Searches of Visitors

Marginal note:Routine non-intrusive or frisk searches

59 A staff member may conduct routine non-intrusive searches or routine frisk searches of visitors, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

Marginal note:Frisk search

• 60 (1) A staff member may conduct a frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45.

• Marginal note:Strip search

  (2) Where a staff member

  • (a) suspects on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and believes that a strip search is necessary to find the contraband or evidence, and

  • (b) satisfies the institutional head that there are reasonable grounds

    • (i) to suspect that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and

    • (ii) to believe that a strip search is necessary to find the contraband or evidence,

  a staff member of the same sex as the visitor may, after giving the visitor the option of voluntarily leaving the penitentiary forthwith, conduct a strip search of the visitor.

• Marginal note:Idem

  (3) Where a staff member believes on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and that a strip search is necessary to find the contraband or evidence,

  • (a) the staff member may detain the visitor in order to

    • (i) obtain the authorization of the institutional head to conduct a strip search, or

    • (ii) obtain the services of the police; and

  • (b) where the staff member satisfies the institutional head that there are reasonable grounds to believe

    • (i) that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and

    • (ii) that a strip search is necessary to find the contraband or evidence,

    the institutional head may authorize a staff member of the same sex as the visitor to conduct a strip search of the visitor.

• Marginal note:Rights of detained visitor

  (4) A visitor who is detained pursuant to subsection (3) shall

  • (a) be informed promptly of the reasons for the detention; and

  • (b) before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.

Searches of Vehicles

Marginal note:Routine searches

• 61 (1) A staff member may, in the prescribed manner, conduct routine searches of vehicles at a penitentiary, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

• Marginal note:Searches for contraband

  (2) A staff member who believes on reasonable grounds that contraband is located in a vehicle at a penitentiary in circumstances constituting an offence under section 45 may, with prior authorization from the institutional head, search the vehicle.

• Marginal note:Emergency searches

  (3) Where a staff member believes on reasonable grounds that the delay that would be necessary in order to comply with the prior authorization requirement of subsection (2) would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization.

Warnings to be Posted

Marginal note:Warnings about searches

62 At each penitentiary, a conspicuous warning shall be posted at the entrance to the lands and at the visitor control point, stating that all visitors and vehicles at the penitentiary are subject to being searched in accordance with this Part and the regulations.

Searches of Staff Members

Marginal note:Routine non-intrusive or frisk searches

63 A staff member may conduct routine non-intrusive searches or routine frisk searches of other staff members, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

Marginal note:Frisk search or strip search

• 64 (1) Where a staff member believes on reasonable grounds that another staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence,

  • (a) the staff member may detain the other staff member in order to

    • (i) obtain the authorization of the institutional head to conduct a frisk search or strip search, or

    • (ii) obtain the services of the police; and

  • (b) where the staff member satisfies the institutional head that there are reasonable grounds to believe that the other staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the institutional head may

    • (i) authorize a staff member to conduct a frisk search of the other staff member, or

    • (ii) authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member.

• Marginal note:Rights of detained staff member

  (2) A staff member who is detained pursuant to subsection (1) shall

  • (a) be informed promptly of the reasons for the detention; and

  • (b) before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.

Power to Seize

Marginal note:Power to seize

• 65 (1) Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).

• Marginal note:Idem

  (2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.

• Marginal note:Idem

  (3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.

Searches in Community-based Residential Facilities

Marginal note:Frisk search, room search

• 66 (1) An employee of a community-based residential facility who is so authorized by the Service may

  • (a) conduct a frisk search of an offender in that facility, and

  • (b) search an offender’s room and its contents,

  where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.

• Marginal note:Power to seize

  (2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.

• Marginal note:Definition of community-based residential facility

  (3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.

Reports Relating to Searches and Seizures

Marginal note:Reports to be submitted

67 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.

General — Living Conditions

Marginal note:Instruments of restraint

68 No person shall apply an instrument of restraint to an offender as punishment.

Marginal note:Cruel treatment, etc.

69 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.

Marginal note:Living conditions, etc.

70 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.

Marginal note:Contacts and visits

• 71 (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

• Marginal note:Visitors’ permitted items

  (2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.

• Marginal note:Where visitor has non-permitted item

  (3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.

Marginal note:Members of Parliament, judges

72 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to

• (a) enter any penitentiary,

• (b) visit any part of a penitentiary, and

• (c) visit any inmate, with the consent of the inmate,

subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Marginal note:Assembly and association

73 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Marginal note:Inmate input into decisions

74 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.

Marginal note:Religion

75 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Programs for Offenders

Marginal note:Programs for offenders generally

76 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.

Marginal note:Programs for female offenders

77 Without limiting the generality of section 76, the Service shall

• (a) provide programs designed particularly to address the needs of female offenders; and

• (b) consult regularly about programs for female offenders with

  • (i) appropriate women’s groups, and

  • (ii) other appropriate persons and groups

  with expertise on, and experience in working with, female offenders.

Marginal note:Payments to offenders

• 78 (1) For the purpose of

  • (a) encouraging offenders to participate in programs provided by the Service, or

  • (b) providing financial assistance to offenders to facilitate their reintegration into the community,

  the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.

• Marginal note:Deductions

  (2) Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may

  • (a) make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and

  • (b) require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96(z.2.1) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service.

Aboriginal Offenders

Marginal note:Definitions

79 In sections 80 to 84,

aboriginal

aboriginal means Indian, Inuit or Métis; (autochtone)

aboriginal community

aboriginal community means a first nation, tribal council, band, community, organization or other group with a predominantly aboriginal leadership; (collectivité autochtone)

correctional services

correctional services means services or programs for offenders, including their care and custody. (services correctionnels)

Marginal note:Programs

80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of aboriginal offenders.

Marginal note:Agreements

• 81 (1) The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.

• Marginal note:Scope of agreement

  (2) Notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-aboriginal offender.

• Marginal note:Placement of offender

  (3) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an aboriginal community, with the consent of the offender and of the aboriginal community.

Marginal note:Advisory committees

• 82 (1) The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.

• Marginal note:Committees to consult

  (2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.

Marginal note:Spiritual leaders and elders

• 83 (1) For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders.

• Marginal note:Idem

  (2) The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with

  • (a) the National Aboriginal Advisory Committee mentioned in section 82; and

  • (b) the appropriate regional and local aboriginal advisory committees, if such committees have been established pursuant to that section.

Marginal note:Parole plans

84 Where an inmate who is applying for parole has expressed an interest in being released to an aboriginal community, the Service shall, if the inmate consents, give the aboriginal community

• (a) adequate notice of the inmate’s parole application; and

• (b) an opportunity to propose a plan for the inmate’s release to, and integration into, the aboriginal community.

Marginal note:Plans with respect to long-term supervision

84.1 Where an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community

• (a) adequate notice of the order; and

• (b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into the aboriginal community.

Health Care

Marginal note:Definitions

85 In sections 86 and 87,

health care

health care means medical care, dental care and mental health care, provided by registered health care professionals; (soins de santé)

mental health care

mental health care means the care of a disorder of thought, mood, perception, orientation or memory that significantly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life; (soins de santé mentale)

treatment

treatment means health care treatment. (Version anglaise seulement)

Marginal note:Obligations of Service

• 86 (1) The Service shall provide every inmate with

  • (a) essential health care; and

  • (b) reasonable access to non-essential mental health care that will contribute to the inmate’s rehabilitation and successful reintegration into the community.

• Marginal note:Standards

  (2) The provision of health care under subsection (1) shall conform to professionally accepted standards.

Marginal note:Service to consider health factors

87 The Service shall take into consideration an offender’s state of health and health care needs

• (a) in all decisions affecting the offender, including decisions relating to placement, transfer, administrative segregation and disciplinary matters; and

• (b) in the preparation of the offender for release and the supervision of the offender.

Marginal note:When treatment permitted

• 88 (1) Except as provided by subsection (5),

  • (a) treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and

  • (b) an inmate has the right to refuse treatment or withdraw from treatment at any time.

• Marginal note:Meaning of informed consent

  (2) For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand,

  • (a) the likelihood and degree of improvement, remission, control or cure as a result of the treatment;

  • (b) any significant risk, and the degree thereof, associated with the treatment;

  • (c) any reasonable alternatives to the treatment;

  • (d) the likely effects of refusing the treatment; and

  • (e) the inmate’s right to refuse the treatment or withdraw from the treatment at any time.

• Marginal note:Special case

  (3) For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole.

• Marginal note:Treatment demonstration programs

  (4) Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has

  • (a) approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and

  • (b) reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section.

• Marginal note:Where provincial law applies

  (5) Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.

Marginal note:Force-feeding

89 The Service shall not direct the force-feeding, by any method, of an inmate who had the capacity to understand the consequences of fasting at the time the inmate made the decision to fast.

Grievance Procedure

Marginal note:Grievance procedure

90 There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).

Marginal note:Access to grievance procedure

91 Every offender shall have complete access to the offender grievance procedure without negative consequences.

Release of Inmates

Marginal note:General

92 An inmate may be released from a penitentiary or from any other place designated by the Commissioner.

Marginal note:Timing of release from penitentiary

• 93 (1) Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of statutory release or the expiration of the sentence shall be released during normal business hours on the last working day before that day.

• Marginal note:Earlier release in some cases

  (2) Where the institutional head is satisfied that an inmate’s re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of statutory release or the expiration of the sentence.

• Marginal note:When inmate deemed released

  (3) An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of statutory release or the expiration of the sentence, as the case may be, at the moment of actual release.

• Marginal note:Timing of release for directed parole

  (3.1) An inmate who is to be released on full parole by virtue of a direction of the Board under section 126 shall be released during normal business hours on the day established pursuant to section 120, or, if that day is not a working day, during normal business hours on the following working day.

• Marginal note:Release on request

  (4) Where an inmate who is in penitentiary pursuant to subsection 94(1) requests to be released, the Service shall release the inmate as soon as reasonably possible, but is not required to release the inmate except during normal business hours on a working day.

• (5) [Repealed, 1995, c. 42, s. 23]

Temporary Accommodation in Penitentiary

Marginal note:Temporary accommodation in penitentiary

• 94 (1) At the request of a person who has been released from penitentiary on parole or statutory release, or who is entitled to be released from penitentiary on statutory release, the institutional head may allow the person to stay temporarily in the penitentiary in order to assist that person’s rehabilitation, but such a temporary stay may not extend beyond the expiration of the person’s sentence.

• Marginal note:Person deemed an inmate

  (2) A person staying temporarily in a penitentiary pursuant to subsection (1) shall be deemed to be an inmate while in the penitentiary.

• Marginal note:Continuation of parole or statutory release

  (3) Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.

Annual Report

Marginal note:Annual report

95 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after the 31st day of January next following the end of each fiscal year, a report showing the operations of the Service for that fiscal year.

Regulations

Marginal note:Regulations

96 The Governor in Council may make regulations

• (a) prescribing the duties of staff members;

• (b) for authorizing staff members or classes of staff members to exercise powers, perform duties or carry out functions that this Part assigns to the Commissioner or the institutional head;

• (c) respecting, for the purposes of section 22,

  • (i) the circumstances in which compensation may be paid,

  • (ii) what constitutes a disability,

  • (iii) the manner of determining whether a person has a disability, and the extent of the disability,

  • (iv) what constitutes an approved program,

  • (v) to whom compensation may be paid, and

  • (vi) the compensation that may be paid, the time or times at which the compensation is to be paid, the terms and conditions in accordance with which the compensation is to be paid, and the manner of its payment;

• (d) respecting the placement of inmates pursuant to section 28 and their transfer pursuant to section 29;

• (e) providing for the matters referred to in section 70;

• (f) respecting allowances, clothing and other necessities to be given to inmates when leaving penitentiary either temporarily or permanently;

• (g) respecting the administrative segregation of inmates;

• (h) prescribing the contents of the notice to be given to an inmate under section 42, and the time when the notice is to be given to the inmate;

• (i) in connection with the disciplinary sanctions described in section 44,

  • (i) prescribing the maximum of each of those sanctions, which maxima shall be higher for serious disciplinary offences than for minor ones,

  • (ii) prescribing factors and guidelines to be considered or applied in imposing those sanctions,

  • (iii) prescribing the scope of each of those sanctions, and

  • (iv) respecting the enforcement, suspension and cancellation of those sanctions;

• (j) providing for a review of the decisions of the person or persons conducting a disciplinary hearing;

• (k) providing for

  • (i) the appointment of persons other than staff members to conduct disciplinary hearings or to review decisions pursuant to regulations made under paragraph (j), and

  • (ii) the remuneration and travel and living expenses of persons referred to in subparagraph (i);

• (l) prescribing the manner in which a search referred to in

  • (i) paragraph (b) of the definition “frisk search” in section 46,

  • (ii) paragraph (b) of the definition “non-intrusive search” in section 46, or

  • (iii) paragraph (b) of the definition “strip search” in section 46

  shall be carried out;

• (m) prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;

• (n) prescribing the effect that a visitor’s refusal to undergo a search can have on the visitor’s right to visit an inmate or remain at the penitentiary;

• (o) respecting

  • (i) the submission of reports referred to in section 67, and

  • (ii) the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;

• (p) prescribing limits on the entry into a penitentiary, and the use by inmates, of publications, video and audio materials, films and computer programs;

• (q) providing for inmates’ moneys to be held in trust accounts;

• (r) respecting inmates’ work and working conditions;

• (s) respecting penitentiary industry;

• (t) respecting the conducting of businesses by inmates;

• (u) prescribing an offender grievance procedure;

• (v) for the organization, training, discipline, efficiency, administration and good management of the Service;

• (w) providing for inmates’ access to

  • (i) legal counsel and legal reading materials,

  • (ii) non-legal reading materials, and

  • (iii) a commissioner for taking oaths and affidavits;

• (x) respecting inmates’ attendance at judicial proceedings;

• (y) respecting the procedure to be followed on the death of an inmate;

• (z) prescribing the procedure governing the disposal of the effects of an escaped inmate;

• (z.1) for the delivery of the estate of a deceased inmate to the inmate’s personal representative in accordance with the applicable provincial law;

• (z.1.1) prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);

• (z.2) prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner’s Directive;

• (z.2.1) providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner’s Directive, and respecting the circumstances under which payment of that amount is not required;

• (z.3) providing for remuneration and travel and living expenses of members of committees established pursuant to subsection 82(1);

• (z.4) for the involvement of members of the community in the operation of the Service;

• (z.5) prescribing procedures to be followed after the use of force by a staff member;

• (z.6) respecting the assignment to inmates of security classifications pursuant to section 30, which regulations must set out factors to be considered in determining the security classification of an inmate;

• (z.7) providing for the monitoring or intercepting of communications of any kind between an inmate and another inmate or other person, where reasonable for protecting the security of the penitentiary or the safety of persons;

• (z.8) respecting escorted temporary absences and work releases;

• (z.9) respecting the manner and form of making requests to the Commissioner under section 26 and respecting how those requests are to be dealt with;

• (z.10) imposing obligations or prohibitions on the Service for the purpose of giving effect to any provision of this Part;

• (z.11) prescribing anything that by this Part is to be prescribed; and

• (z.12) generally for carrying out the purposes and provisions of this Part.

Rules

Marginal note:Rules

97 Subject to this Part and the regulations, the Commissioner may make rules

• (a) for the management of the Service;

• (b) for the matters described in section 4; and

• (c) generally for carrying out the purposes and provisions of this Part and the regulations.

Commissioner’s Directives

Marginal note:Commissioner’s Directives

• 98 (1) The Commissioner may designate as Commissioner’s Directives any or all rules made under section 97.

• Marginal note:Accessibility

  (2) The Commissioner’s Directives shall be accessible to offenders, staff members and the public.

PART IIConditional Release, Detention and Long-term Supervision

Interpretation

Marginal note:Definitions

• 99 (1) In this Part,

  Board

  Commission

  Board means the National Parole Board continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable; (Commission)

  Commissioner

  commissaire

  Commissioner has the same meaning as in Part I; (commissaire)

  community-based residential facility

  établissement résidentiel communautaire

  community-based residential facility has the same meaning as in subsection 66(3); (établissement résidentiel communautaire)

  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, a community-based residential facility or a provincial correctional facility each night, unless otherwise authorized in writing; (semi-liberté)

  full parole

  libération conditionnelle totale

  full 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; (libération conditionnelle totale)

  institutional head

  Version anglaise seulement

  institutional head has the same meaning as in Part I; (Version anglaise seulement)

  long-term supervision

  surveillance de longue durée

  long-term supervision has the same meaning as in Part I; (surveillance de longue durée)

  Minister

  ministre

  Minister has the same meaning as in Part I; (ministre)

  offender

  délinquant

  offender means

  • (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section

    • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

    • (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or

  • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,

  but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code; (délinquant)

  parole

  libération conditionnelle

  parole means full parole or day parole; (libération conditionnelle)

  penitentiary

  pénitencier

  penitentiary has the same meaning as in Part I; (pénitencier)

  provincial parole board

  commission provinciale

  provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles, the Board of Parole for the Province of British Columbia or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)

  regulations

  règlement ou réglementaire

  regulations means regulations made by the Governor in Council pursuant to section 156; (règlement ou réglementaire)

  sentence

  peine ou peine d’emprisonnement

  sentence has the same meaning as in Part I; (peine ou peine d’emprisonnement)

  serious harm

  dommage grave

  serious harm means severe physical injury or severe psychological damage; (dommage grave)

  Service

  Service

  Service has the same meaning as in Part I; (Service)

  statutory release

  libération d’office

  statutory release means release from imprisonment subject to supervision before the expiration of an offender’s sentence, to which an offender is entitled under section 127; (libération d’office)

  statutory release date

  date de libération d’office

  statutory release date means the date determined in accordance with section 127; (date de libération d’office)

  unescorted temporary absence

  permission de sortir sans escorte

  unescorted temporary absence means an unescorted temporary absence from penitentiary authorized under section 116; (permission de sortir sans escorte)

  victim

  victime

  victim has the same meaning as in Part I; (victime)

  working day

  jour ouvrable

  working day means a day on which offices in the federal public administration are generally open in the province in question. (jour ouvrable)

• Marginal note:References to expiration of sentence

  (2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account

  • (a) any period during which the offender could be entitled to statutory release; or

  • (b) any remission that stands to the credit of the offender on the coming into force of this section.

• Marginal note:Exercise of powers, etc.

  (3) Except as otherwise provided by this Part or by the regulations,

  • (a) powers, duties and functions assigned to the Commissioner by or pursuant to this Part may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

  • (b) powers, duties and functions assigned to the institutional head by or pursuant to this Part may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.

Marginal note:Application to persons subject to long-term supervision order

99.1 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 100, 101, 109 to 111 and 140 to 145 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.

Marginal note:Young persons

99.2 In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act.

Purpose and Principles

Marginal note:Purpose of conditional release

100 The purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.

Marginal note:Principles guiding parole boards

101 The principles that shall guide the Board and the provincial parole boards in achieving the purpose of conditional release are

• (a) that the protection of society be the paramount consideration in the determination of any case;

• (b) that parole boards take into consideration all available information that is relevant to a case, including the stated reasons and recommendations of the sentencing judge, any other information from the trial or the sentencing hearing, information and assessments provided by correctional authorities, and information obtained from victims and the offender;

• (c) that parole boards enhance their effectiveness and openness through the timely exchange of relevant information with other components of the criminal justice system and through communication of their policies and programs to offenders, victims and the general public;

• (d) that parole boards make the least restrictive determination consistent with the protection of society;

• (e) that parole boards adopt and be guided by appropriate policies and that their members be provided with the training necessary to implement those policies; and

• (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.

Marginal note:Criteria for granting parole

102 The Board or a provincial parole board may grant parole to an offender if, in its opinion,

• (a) the offender will not, by reoffending, present an undue risk to society before the expiration according to law of the sentence the offender is serving; and

• (b) the release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen.

Constitution and Jurisdiction of Board

Marginal note:Board continued

103 The National Parole Board is hereby continued, to consist of not more than forty-five full-time members and a number of part-time members appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding ten years and three years, respectively.

Marginal note:Chairperson and Executive Vice-Chairperson

104 The Governor in Council shall designate one of the full-time members of the Board to be its Chairperson and, on the recommendation of the Minister, one of the full-time members to be its Executive Vice-Chairperson.

Marginal note:Membership

• 105 (1) Members appointed to the Board shall be sufficiently diverse in their backgrounds to be able to collectively represent community values and views in the work of the Board and to inform the community with respect to unescorted temporary absence, parole and statutory release.

• Marginal note:Part-time members

  (2) A part-time member of the Board has the same powers and duties as a full-time member of the Board.

• Marginal note:Divisions

  (3) Each member of the Board other than the Chairperson and the Executive Vice-Chairperson shall be assigned to a division of the Board specified in the instrument of appointment.

• Marginal note:Idem

  (4) All members of the Board are ex officio members of every division of the Board and may, with the approval of the Chairperson, sit on a panel of any division of the Board, subject to such conditions and during such periods as are approved by the Chairperson.

• Marginal note:Policies

  (5) Members of the Board shall exercise their functions in accordance with policies adopted pursuant to subsection 151(2).

• Marginal note:Quorum

  (6) Subject to subsection 152(3), the review under this Part of any case within a particular class of cases shall be made by a panel that consists of at least the number of members of the Board specified in the regulations as the minimum number of members for cases of that class.

Marginal note:Substitute members

• 106 (1) In the event that a full-time member of the Board is absent or unable to act, the Governor in Council, on the recommendation of the Minister, may appoint a substitute member to act in the place of that member.

• Marginal note:Idem

  (2) A substitute member appointed pursuant to subsection (1) has all the powers and duties of a full-time member of the Board, subject to any limitation on those powers and duties that the Chairperson directs.

Marginal note:Jurisdiction of Board

• 107 (1) Subject to this Act, the Prisons and Reformatories Act, the International Transfer of Offenders Act, the National Defence Act, the Crimes Against Humanity and War Crimes Act and the Criminal Code, the Board has exclusive jurisdiction and absolute discretion

  • (a) to grant parole to an offender;

  • (b) to terminate or to revoke the parole or statutory release of an offender, whether or not the offender is in custody under a warrant of apprehension issued as a result of the suspension of the parole or statutory release;

  • (c) to cancel a decision to grant parole to an offender, or to cancel the suspension, termination or revocation of the parole or statutory release of an offender;

  • (d) to review and to decide the case of an offender referred to it pursuant to section 129; and

  • (e) to authorize or to cancel a decision to authorize the unescorted temporary absence of an offender who is serving, in a penitentiary,

    • (i) a life sentence imposed as a minimum punishment or commuted from a sentence of death,

    • (ii) a sentence for an indeterminate period, or

    • (iii) a sentence for an offence set out in Schedule I or II.

• Marginal note:Offences under provincial Acts

  (2) The jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served in a penitentiary pursuant to section 743.1 of the Criminal Code, whether that sentence is to be served alone or concurrently with or consecutively to one or more other sentences imposed under an Act of Parliament or a provincial Act.

Marginal note:Jurisdiction where no provincial board

• 108 (1) Where a provincial parole board has not been established in a province, the Board has, in respect of offenders serving sentences in a provincial correctional facility in that province, the same jurisdiction and discretion that it has in respect of offenders under paragraphs 107(1)(a) to (c).

• Marginal note:Offences under provincial Acts

  (2) Subject to subsection (3), the jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served concurrently with or consecutively to a sentence imposed under an Act of Parliament.

• Marginal note:Complementary legislation

  Footnote ^*(3) Subsection (2) does not apply in a province until a day fixed by order of the Governor in Council made after the enactment of a provincial Act authorizing the Board to exercise the jurisdiction referred to in that subsection.

  • Return to footnote ^*Note: Subsection 108(2) applies in the Province of British Columbia as of April 19, 2007, see SI/2007-51.]

• Marginal note:Where subsection (3) does not apply

  (4) This section shall be read without reference to subsection (3) with respect to any province in which subsection 14(1) of the Parole Act, as that Act read immediately before the coming into force of this section, was in force immediately before the coming into force of this section.

Marginal note:Prohibition orders re vehicles, etc.

109 The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 259 of the Criminal Code after a period of

• (a) ten years after the commencement of the order, in the case of a prohibition for life; or

• (b) five years after the commencement of the order, in the case of a prohibition for more than five years but less than life.

Marginal note:Clemency

110 The Board shall, when so directed by the Minister, make or cause to be made any investigation or inquiry desired by the Minister in connection with any request made to the Minister for the exercise of the royal prerogative of mercy.

Marginal note:Dissemination of information

111 The Board shall maintain

• (a) a program of exchange of information with the other components of the criminal justice system; and

• (b) a program to communicate its policies and programs to offenders, to victims of crime, to victims’ groups, to other groups and organizations with a special interest in matters dealt with under this Part, and to the general public.

Constitution and Jurisdiction of Provincial Boards

Marginal note:Jurisdiction of boards

• 112 (1) Subject to subsection (2), a provincial parole board for a province shall exercise jurisdiction in accordance with this Part in respect of the parole of offenders serving sentences in provincial correctional facilities in that province, other than

  • (a) offenders sentenced to life imprisonment as a minimum punishment;

  • (b) offenders whose sentence has been commuted to life imprisonment; or

  • (c) offenders sentenced to detention for an indeterminate period.

• Marginal note:Day parole jurisdiction

  (2) A provincial parole board may, but is not required to, exercise its jurisdiction under this section in relation to day parole.

Marginal note:Incorporation by reference

• 113 (1) Where a provincial parole board has been established for a province, the lieutenant governor in council of the province may, by order, declare that all or any of the provisions of this Part that do not otherwise apply in respect of provincial parole boards shall apply in respect of that provincial parole board and offenders under its jurisdiction.

• Marginal note:Provincial regulations

  (2) The lieutenant governor in council of a province may, in respect of the provincial parole board for the province and offenders under its jurisdiction, make regulations in the same manner and for the same purposes as the Governor in Council may make regulations pursuant to section 156 in respect of the Board and offenders under its jurisdiction.

Marginal note:Change of province of residence

• 114 (1) Subject to any agreement entered into pursuant to this section, an offender who is released on parole in one province and moves to another province remains under the jurisdiction of the board that granted the parole.

• Marginal note:Federal-provincial agreements

  (2) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a province for which a provincial parole board has been established for the transfer of jurisdiction in respect of offenders who move to the province after their release by the Board on parole from a provincial correctional facility in another province for which no provincial parole board has been established.

• Marginal note:Idem

  (3) The government of a province for which a provincial parole board has been established may enter into an agreement with the Government of Canada for the transfer to the Board of jurisdiction in respect of offenders released on parole by the provincial parole board who move to a province for which no provincial parole board has been established.

• Marginal note:Interprovincial agreements

  (4) The governments of provinces may enter into agreements with one another for the transfer of jurisdiction in respect of offenders released on parole by one provincial parole board who move to the territorial jurisdiction of another provincial parole board.

• Marginal note:Statutory release

  (5) Subsections (1) to (4) apply, with such modifications as the circumstances require, in respect of offenders released on statutory release.

Unescorted Temporary Absence

Marginal note:Minimum time to be served

• 115 (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

  • (a) in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1), the period required to be served by the offender to reach the offender’s full parole eligibility date less three years;

  • (a.1) in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of

    • (i) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (b) in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of

    • (i) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (b.1) in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of

    • (i) three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and

  • (c) in any other case,

    • (i) one half of the period required to be served by the offender to reach the offender’s full parole eligibility date, or

    • (ii) six months,

  whichever is greater.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to an offender whose life or health is in danger and for whom an unescorted temporary absence is required in order to administer emergency medical treatment.

• Marginal note:Maximum security

  (3) Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96(z.6), are classified as maximum security offenders are not eligible for an unescorted temporary absence.

Marginal note:Conditions for authorization

• 116 (1) The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)(e) where, in the opinion of the Board,

  • (a) the offender will not, by reoffending, present an undue risk to society during the absence;

  • (b) it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;

  • (c) the offender’s behaviour while under sentence does not preclude authorizing the absence; and

  • (d) a structured plan for the absence has been prepared.

• Marginal note:Idem

  (2) The Commissioner or the institutional head may authorize the unescorted temporary absence of an offender, other than an offender referred to in paragraph 107(1)(e), where, in the opinion of the Commissioner or the institutional head, as the case may be, the criteria set out in paragraphs (1)(a) to (d) are met.

• Marginal note:Medical reasons

  (3) An unescorted temporary absence for medical reasons may be authorized for an unlimited period.

• Marginal note:Personal development or community service

  (4) Subject to subsection (6), an unescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of fifteen days, at the rate of not more than three times a year for an offender classified by the Service as a medium security offender and not more than four times a year for an offender classified as a minimum security offender.

• Marginal note:Intervals

  (5) An unescorted temporary absence authorized for reasons referred to in subsection (4) must be followed by a period of custody of at least seven days before the next such absence.

• Marginal note:Exception

  (6) An unescorted temporary absence for purposes of a specific personal development program may be authorized for a maximum of sixty days and may be renewed, for periods of up to sixty days each, for the purposes of the program.

• Marginal note:Absences for other reasons

  (7) Unescorted temporary absences for reasons other than those referred to in subsection (3) or (4) may be authorized for a maximum total of forty-eight hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of seventy-two hours per month for an offender classified as a minimum security offender.

• Marginal note:Regulations

  (8) The circumstances and manner in which, and the time at which, an application for an unescorted temporary absence must be made shall be prescribed by the regulations.

• Marginal note:Travel time

  (9) In addition to the period authorized for the purposes of an unescorted temporary absence, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

• Marginal note:Cancellation of absence

  (10) The Board, the Commissioner or the institutional head, whichever authorized a particular unescorted temporary absence of an offender, may cancel that absence, either before or after its commencement,

  • (a) where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;

  • (b) where the grounds for granting the absence have changed or no longer exist; or

  • (c) after a review of the offender’s case based on information that could not reasonably have been provided when the absence was authorized.

Marginal note:Delegation to Commissioner

• 117 (1) The Board may confer on the Commissioner or the institutional head, for such period and subject to such conditions as it specifies, any of its powers under section 116 in respect of any class of offenders or class of absences.

• Marginal note:Delegation to provincial hospital

  (2) Where, pursuant to an agreement under paragraph 16(1)(a), an offender referred to in paragraph 107(1)(e) or subsection 116(2) has been admitted to a hospital operated by a provincial government in which the liberty of persons is normally subject to restrictions, the Board, the Commissioner or the institutional head, as the case may be, may confer on the person in charge of the hospital, for such period and subject to such conditions as they specify, any of their respective powers under section 116 in relation to that offender.

• Marginal note:Suspension by institutional head

  (3) Where the Board has not authorized the Commissioner or the institutional head under subsection (1) in respect of the offender or in respect of the absence, the institutional head of the penitentiary from which an unescorted temporary absence has been effected may suspend the absence if, in the opinion of the institutional head, the offender’s retention in custody or recommitment to custody is justified in order to protect society, on the basis of information that could not reasonably have been provided to the Board when the absence was authorized.

• Marginal note:Referral of suspension to Board

  (4) An institutional head who suspends the unescorted temporary absence of an offender shall forthwith refer the offender’s case to the Board, and the Board shall decide whether the absence should be cancelled.

Marginal note:Warrant for arrest and recommittal

118 A person who cancels an unescorted temporary absence pursuant to subsection 116(10) or pursuant to a delegation of power under subsection 117(1) or (2), or who suspends an unescorted temporary absence pursuant to subsection 117(3), shall cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the offender pursuant to section 137, where the offender is not in custody in a penitentiary or in a hospital referred to in subsection 117(2).

Eligibility for Parole

Marginal note:Time when eligible for day parole

• 119 (1) Subject to section 746.1 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, the portion of a sentence that must be served before an offender may be released on day parole is

  • (a) one year, where the offender was, before October 15, 1977, sentenced to preventive detention;

  • (b) where the offender is an offender, other than an offender referred to in paragraph (b.1), who was sentenced to detention in a penitentiary for an indeterminate period, the longer of

    • (i) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (b.1) where the offender was sentenced to detention in a penitentiary for an indeterminate period as of the date on which this paragraph comes into force, the longer of

    • (i) three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (c) where the offender is serving a sentence of two years or more, other than a sentence referred to in paragraph (a) or (b), the greater of

    • (i) the portion ending six months before the date on which full parole may be granted, and

    • (ii) six months; or

  • (d) one half of the portion of the sentence that must be served before full parole may be granted, where the offender is serving a sentence of less than two years.

• Marginal note:Time when eligible for day parole

  (1.1) Notwithstanding section 746.1 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, an offender described in subsection 746.1(1) or (2) of the Criminal Code or to whom those subsections apply pursuant to subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, shall not, in the circumstances described in subsection 120.2(2) or (3), be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3).

• Marginal note:When eligible for day parole — young offender sentenced to life imprisonment

  (1.2) Notwithstanding section 746.1 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, in the circumstances described in subsection 120.2(2), the portion of the sentence of an offender described in subsection 746.1(3) of the Criminal Code or to whom that subsection applies pursuant to subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act that must be served before the offender may be released on day parole is the longer of

  • (a) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

  • (b) the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.

• Marginal note:Short sentences

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

Marginal note:When eligible for day parole — offenders eligible for accelerated parole review

119.1 The portion of the sentence of an offender who is eligible for accelerated parole review under sections 125 and 126 that must be served before the offender may be released on day parole is six months, or one sixth of the sentence, whichever is longer.

Marginal note:Time when eligible for full parole

• 120 (1) Subject to sections 746.1 and 761 of the Criminal Code and to any order made under section 743.6 of that Act, to subsection 140.3(2) of the National Defence Act and to any order made under section 140.4 of that Act, and to subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.

• Marginal note:Life sentence

  (2) Subject to any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, an offender who is serving a life sentence, imposed otherwise than as a minimum punishment, is not eligible for full parole until the day on which the offender has served a period of ineligibility of seven years less any time spent in custody between the day on which the offender was arrested and taken into custody, in respect of the offence for which the sentence was imposed, and the day on which the sentence was imposed.

Marginal note:Additional consecutive sentence

• 120.1 (1) Where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

  • (a) any remaining period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed; and

  • (b) the period of ineligibility in relation to the additional sentence.

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

  (2) Notwithstanding subsection (1), where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to a portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the latest of

  • (a) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence the offender was serving when the additional sentence was imposed,

  • (b) the day on which the offender has served, commencing on the date on which the additional sentence was imposed, the period of ineligibility for full parole in relation to the additional sentence, and

  • (c) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence that includes the additional sentence as provided by subsection 139(1).

Marginal note:Additional concurrent sentence

• 120.2 (1) Subject to subsection (2), where an offender who is serving a sentence receives an additional sentence that is to be served concurrently with any portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the later of

  • (a) the day on which the offender has served the period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed, and

  • (b) the day on which the offender has served

    • (i) the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

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

• Marginal note:Where sentence in addition to life sentence

  (2) Where an offender who is sentenced to life imprisonment or for an indeterminate period receives an additional sentence for a determinate period, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

  • (a) any remaining period of ineligibility to which the offender is subject; and

  • (b) the period of ineligibility in relation to the additional sentence.

• Marginal note:Where reduction of period of ineligibility for parole

  (3) Where, pursuant to section 745.6 of the Criminal Code, subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, there has been a reduction 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 the offender has served, commencing on the day on which the additional sentence was imposed,

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

  • (b) the period of ineligibility in relation to the additional sentence.

Marginal note:Maximum period

120.3 Subject to section 745 of the Criminal Code, subsection 140.3(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, where an offender who is serving a sentence receives an additional sentence, the day on which the offender is eligible for full parole shall not be later than the day on which the offender has served fifteen years from the day on which the last of the sentences was imposed.

Marginal note:Exceptional cases

• 121 (1) Subject to section 102 and notwithstanding sections 119 to 120.3 or 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

  • (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) Subsection (1) does 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.

Parole Reviews

Marginal note:Day parole review

• 122 (1) Subject to subsection 119(2), the Board shall, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of every offender other than an offender referred to in subsection (2).

• Marginal note:Special cases

  (2) The Board may, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of an offender who is serving a sentence of two years or more in a provincial correctional facility in a province in which no program of day parole has been established for that category of offender.

• Marginal note:Decision or adjournment

  (3) With respect to a review commenced under this section, the Board shall decide whether to 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:Renewal of application

  (4) Where the Board decides not to grant day parole, no further application for day 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:Maximum duration

  (5) Day parole may be granted to an offender for a period not exceeding six months, and may be continued for additional periods not exceeding six months each following reviews of the case by the Board.

• Marginal note:Withdrawal of application

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

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.

Marginal note:Offenders unlawfully at large

• 124 (1) The Board is not required to review the case of an offender who is unlawfully at large at the time prescribed for a review under section 122, 123 or 126, but shall do so as soon as possible after being informed of the offender’s return to custody.

• Marginal note:Timing of release

  (2) Where an offender is granted parole but no date is fixed for the offender’s release, the parole shall take effect, and the offender shall be released, forthwith after such period as is necessary to implement the decision to grant parole.

• Marginal note:Cancellation of parole

  (3) Where an offender has been granted parole under section 122, 123 or 126, the Board may, after a review of the case based on information that could not reasonably have been provided to it at the time parole was granted, cancel the parole if the offender has not been released or terminate the parole if the offender has been released.

• Marginal note:Review

  (4) Where the Board exercises its power under subsection (3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review and either confirm or cancel its decision.

Accelerated Parole Reviews

Marginal note:Application

• 125 (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), other than an offender

  • (a) serving a sentence for one of the following offences, namely,

    • (i) murder,

    • (ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

    • (ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

    • (iii) an offence under section 463 of the Criminal Code that was prosecuted by indictment in relation to an offence set out in Schedule I, other than the offence set out in paragraph (1)(q) of that Schedule,

    • (iv) an offence set out in Schedule II in respect of which an order has been made under section 743.6 of the Criminal Code,

    • (v) an offence contrary to section 130 of the National Defence Act where the offence is murder, an offence set out in Schedule I or an offence set out in Schedule II in respect of which an order has been made under section 140.4 of the National Defence Act, or

    • (vi) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);

  • (a.1) convicted of an offence under section 240 of the Criminal Code;

  • (b) serving a life sentence imposed otherwise than as a minimum punishment; or

  • (c) whose day parole has been revoked.

• Marginal note:Idem

  (1.1) For greater certainty, this section and section 126

  • (a) apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, is sentenced in respect of an offence, other than an offence referred to in paragraph (1)(a), that was committed before the offender was sentenced, committed or transferred to penitentiary for the first time; and

  • (b) do not apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, commits an offence under an Act of Parliament for which the offender receives an additional sentence.

• Marginal note:Review of cases by Service

  (2) The Service shall, at the time prescribed by the regulations, review the case of an offender to whom this section applies for the purpose of referral of the case to the Board for a determination under section 126.

• Marginal note:Evidence to be considered

  (3) A review made pursuant to subsection (2) shall be based on all reasonably available information that is relevant, including

  • (a) the social and criminal history of the offender obtained pursuant to section 23;

  • (b) information relating to the performance and behaviour of the offender while under sentence; and

  • (c) any information that discloses a potential for violent behaviour by the offender.

• Marginal note:Referral to Board

  (4) On completion of a review pursuant to subsection (2), the Service shall, within such period as is prescribed by the regulations preceding the offender’s eligibility date for full parole, refer the case to the Board together with all information that, in its opinion, is relevant to the case.

• Marginal note:Delegation to provincial authorities

  (5) The Service may delegate to the correctional authorities of a province its powers under this section in relation to offenders who are serving their sentences in provincial correctional facilities in that province.

Marginal note:Review by Board

• 126 (1) The Board shall review without a hearing, at or before the time prescribed by the regulations, the case of an offender referred to it pursuant to section 125.

• Marginal note:Release on full parole

  (2) Notwithstanding section 102, if the Board is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the expiration of the offender’s sentence according to law, it shall direct that the offender be released on full parole.

• Marginal note:Report to offender

  (3) If the Board does not direct, pursuant to subsection (2), that the offender be released on full parole, it shall report its refusal to so direct, and its reasons, to the offender.

• Marginal note:Reference to panel

  (4) The Board shall refer any refusal and reasons reported to the offender pursuant to subsection (3) to a panel of members other than those who reviewed the case under subsection (1), and the panel shall review the case at the time prescribed by the regulations.

• Marginal note:Release on full parole

  (5) Notwithstanding section 102, if the panel reviewing a case pursuant to subsection (4) is satisfied as described in subsection (2), the panel shall direct that the offender be released on full parole.

• Marginal note:Refusal of parole

  (6) An offender who is not released on full parole pursuant to subsection (5) is entitled to subsequent reviews in accordance with subsection 123(5).

• Marginal note:Definition of “offence involving violence”

  (7) In this section, offence involving violence means murder or any offence set out in Schedule I, but, in determining whether there are reasonable grounds to believe that an offender is likely to commit an offence involving violence, it is not necessary to determine whether the offender is likely to commit any particular offence.

• Marginal note:Termination or revocation

  (8) Where the parole of an offender released pursuant to this section is terminated or revoked, the offender is not entitled to another review pursuant to this section.

Marginal note:Release on day parole

126.1 Sections 125 and 126 apply, with such modifications as the circumstances require, to a review to determine if an offender referred to in subsection 119.1 should be released on day parole.

Statutory Release

Marginal note:Entitlement

• 127 (1) Subject to any provision of this Act, an offender sentenced, committed or transferred to penitentiary is entitled to be released on the date determined in accordance with this section and to remain at large until the expiration of the sentence according to law.

• Marginal note:Sentence for past offences

  (2) Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences shall be determined by crediting against the sentence

  • (a) any remission, statutory or earned, standing to the offender’s credit on that day; and

  • (b) the maximum remission that could have been earned on the balance of the sentence pursuant to the Penitentiary Act or the Prisons and Reformatories Act, as those Acts read immediately before that day.

• Marginal note:Sentence for future offences

  (3) Subject to this section, the statutory release date of an offender sentenced on or after November 1, 1992 to imprisonment for one or more offences is the day on which the offender completes two thirds of the sentence.

• Marginal note:Sentences for past and future offences

  (4) Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences and sentenced on or after November 1, 1992 to imprisonment for one or more offences is the later of the dates determined in accordance with subsections (2) and (3).

• Marginal note:Where parole or statutory release revoked

  (5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release has been revoked is the day on which the offender has served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or a revocation under section 135.

• Marginal note:Failure to earn and forfeiture of remission

  (6) Where an offender receives a sentence to be served in a provincial correctional facility and fails to earn or forfeits any remission under the Prisons and Reformatories Act and is transferred to penitentiary, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), the offender is not entitled to be released until the day on which the offender has served

  • (a) the period of imprisonment that the offender would have been required to serve under this section if the offender had not failed to earn or had not forfeited the remission; and

  • (b) the period of imprisonment equal to the remission that the offender failed to earn or forfeited and that was not recredited under that Act.

• Marginal note:Supervision after release

  (7) An offender sentenced, committed or transferred (otherwise than pursuant to an agreement entered into under subsection 16(1)) to penitentiary on or after August 1, 1970 who is released on statutory release is subject to supervision in accordance with this Act, but no other offender released under this section is subject to supervision.

Effect of Parole, Statutory Release or Unescorted Temporary Absence

Marginal note:Continuation of sentence

• 128 (1) An offender who is released on parole, statutory release or unescorted temporary absence continues, while entitled to be at large, to serve the sentence until its expiration according to law.

• Marginal note:Freedom to be at large

  (2) Except to the extent required by the conditions of any day parole, an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release or unescorted temporary absence is suspended, cancelled, terminated or revoked.

• Marginal note:Deeming

  (3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 40 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked or the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.

• Marginal note:Removal order

  (4) Despite this Act or the Prisons and Reformatories Act, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is ineligible for day parole or an unescorted temporary absence until the offender is eligible for full parole.

• Marginal note:Parole inoperative where parole eligibility date in future

  (5) If, before the full parole eligibility date, a removal order is made under the Immigration and Refugee Protection Act against an offender who has received day parole or an unescorted temporary absence, on the day that the removal order is made, the day parole or unescorted temporary absence becomes inoperative and the offender shall be reincarcerated.

• Marginal note:Exception

  (6) An offender referred to in subsection (4) is eligible for day parole or an unescorted temporary absence if the removal order is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act.

• Marginal note:Exception

  (7) Where the removal order of an offender referred to in subsection (5) is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act on a day prior to the full parole eligibility of the offender, the unescorted temporary absence or day parole of that offender is resumed as of the day of the stay.

Detention during Period of Statutory Release

Marginal note:Review of cases by service

• 129 (1) Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II or an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, the Commissioner shall cause the offender’s case to be reviewed by the Service.

• Marginal note:Referral of certain cases to Board

  (2) After the review of the case of an offender pursuant to subsection (1), and not later than six months before the statutory release date, the Service shall refer the case to the Board together with all the information that, in its opinion, is relevant to it, where the Service is of the opinion

  • (a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, that

    • (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 before the expiration of the offender’s sentence according to law; or

  • (b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, that 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) Where the Commissioner believes on reasonable grounds that an offender who is serving a sentence of two years or more 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 is practicable after forming that belief, but the referral may not be made later than six months before the offender’s statutory release date unless

  • (a) the Commissioner formed that belief on the basis of behaviour of the offender during the six months preceding the statutory release date or on the basis of information obtained during those six months; or

  • (b) as a result of any recalculation of the sentence under this Act, the statutory release date of the offender has passed or less than six months remain before that date.

  • (c) [Repealed, 1995, c. 42, s. 44]

• Marginal note:Detention pending referral

  (3.1) Where paragraph (3)(b) applies and the statutory release date has passed, the Commissioner shall, within two working days after the recalculation under that paragraph, make a determination whether a referral is to be made to the Chairperson of the Board pursuant to subsection (3) and, where appropriate, shall make a referral, and the offender is not entitled to be released on statutory release pending the determination.

• Marginal note:Request for information by Board

  (4) At the request of the Board, the Service shall take all reasonable steps to provide the Board with any additional information that is relevant to a case referred pursuant to subsection (2) or (3).

• Marginal note:Deadlines for review by Board

  (5) Where the case of an offender is referred to the Chairperson of the Board pursuant to subsection (3) during the six months preceding the statutory release date of the offender, or on or after that date, the Board shall

  • (a) if the case is referred to the Chairperson more than four weeks before that date, review the case pursuant to subsection 130(1) before that date;

  • (b) if the case is referred to the Chairperson during the four weeks preceding that date but more than three days before that date,

    • (i) review the case pursuant to subsection 130(1) before that date, if possible, or

    • (ii) make an interim review of the case before that date; or

  • (c) if the case is

    • (i) referred to the Chairperson on the statutory release date or during the three days preceding that date, or

    • (ii) referred to the Chairperson pursuant to paragraph (3)(b) after the statutory release date has passed,

    make an interim review of the case during the three days following the day on which the case was so referred.

• Marginal note:Interim review

  (6) An interim review required by subsection (5) shall be made in the manner prescribed by the regulations.

• Marginal note:Decision to review

  (7) On completion of an interim review pursuant to subsection (5), if the Board is of the opinion, on the basis of all the information provided, that a sufficient case is made for a review pursuant to subsection 130(1), the Board shall conduct a review of the case as soon as is practicable and not later than four weeks after the case was referred to the Chairperson of the Board.

• Marginal note:Delegation to provincial authorities

  (8) The Commissioner may delegate to the correctional authorities of a province the powers of the Service and of the Commissioner under this section in relation to offenders who are serving their sentences in a correctional facility in that province.

• Marginal note:Definitions

  (9) In this section and sections 130 and 132,

  serious drug offence

  infraction grave en matière de drogue

  serious drug offence means an offence set out in Schedule II; (infraction grave en matière de drogue)

  sexual offence involving a child

  infraction d’ordre sexuel à l’égard d’un enfant

  sexual offence involving a child means

  • (a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,

    • (i) section 151 (sexual interference),

    • (ii) section 152 (invitation to sexual touching),

    • (iii) section 153 (sexual exploitation),

    • (iv) subsection 160(3) (bestiality in presence of child or inciting child to commit bestiality),

    • (v) section 170 (parent or guardian procuring sexual activity by child),

    • (vi) section 171 (householder permitting sexual activity by child),

    • (vii) section 172 (corrupting children),

    • (viii) subsection 212(2) (living off the avails of prostitution by a child), and

    • (ix) subsection 212(4) (obtaining sexual services of a child),

  • (b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,

    • (i) section 155 (incest),

    • (ii) section 159 (anal intercourse),

    • (iii) subsections 160(1) and (2) (bestiality and compelling bestiality),

    • (iv) section 271 (sexual assault),

    • (v) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

    • (vi) section 273 (aggravated sexual assault),

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,

    • (i) section 146 (sexual intercourse with a female under 14),

    • (ii) section 151 (seduction of a female between 16 and 18), and

    • (iii) section 167 (householder permitting defilement),

  • (d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,

    • (i) section 153 (sexual intercourse with step-daughter),

    • (ii) section 155 (buggery or bestiality),

    • (iii) section 157 (gross indecency), and

    • (iv) section 166 (parent or guardian procuring defilement), or

  • (e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,

    • (i) section 144 (rape),

    • (ii) section 145 (attempt to commit rape),

    • (iii) section 149 (indecent assault on female), and

    • (iv) section 156 (indecent assault on male). (infraction d’ordre sexuel à l’égard d’un enfant)

• Marginal note:Determination of likelihood of offence

  (10) In determining whether an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, it is not necessary to determine whether the offender is likely to commit any particular offence.

Marginal note:Review by Board of cases referred

• 130 (1) Where the case of an offender is referred to the Board by the Service pursuant to subsection 129(2) or referred to the Chairperson of the Board by the Commissioner pursuant to subsection 129(3) or (3.1), the Board shall, subject to subsections 129(5), (6) and (7), at the times and in the manner prescribed by the regulations,

  • (a) inform the offender of the referral and review, and

  • (b) review the case,

  and the Board shall cause all such inquiries to be conducted in connection with the review as it considers necessary.

• Marginal note:Detention pending review

  (2) An offender referred to in subsection (1) is not entitled to be released on statutory release before the Board renders its decision under this section in relation to the offender.

• Marginal note:Decision of Board

  (3) On completion of the review of the case of an offender referred to in subsection (1), the Board may order that the offender not be released from imprisonment before the expiration of the offender’s sentence according to law, except as provided by subsection (5), where the Board is satisfied

  • (a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, or for an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person or a sexual offence involving a child before the expiration of the offender’s sentence according to law,

  • (b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, or for an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit a serious drug offence before the expiration of the offender’s sentence according to law,

  • (c) in the case of an offender whose case was referred to the Chairperson of the Board pursuant to subsection 129(3) or (3.1), that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender’s sentence according to law.

• Marginal note:When order takes effect

  (3.1) An order made under subsection (3) takes effect on the day on which it is made.

• Marginal note:Effect of order where additional sentence

  (3.2) Where, before the expiration of a sentence in respect of which an order under subsection (3) has been made, an offender receives an additional sentence and the date of the expiration of the sentence that includes the additional sentence as provided by subsection 139(1) is later than the date of the expiration of the sentence that the offender was serving before the additional sentence was imposed,

  • (a) the Board shall review the order at the time and in the manner prescribed by the regulations where, as a result of the additional sentence, the statutory release date has already passed or is within nine months after the day on which the offender received the additional sentence; and

  • (b) the order is cancelled where, as a result of the additional sentence, the statutory release date is nine months or more after the day on which the offender received the additional sentence.

• Marginal note:Board’s powers on review

  (3.3) The Board shall, on completing a review under paragraph (3.2)(a)

  • (a) confirm the order to prevent the release of the offender until the expiration of the sentence in respect of which the order was made; or

  • (b) amend the order to prevent the release of the offender until the expiration of the sentence that includes the additional sentence as provided by subsection 139(1).

• Marginal note:Detention pending review

  (3.4) An offender in respect of whom an order, that is subject to review under paragraph (3.2)(a), has been made is not entitled to be released on statutory release before the Board renders its decision under subsection (3.3) in relation to the order.

• Marginal note:Special order by Board

  (4) Where the Board is not satisfied as provided in subsection (3) but is satisfied that

  • (a) at the time the case was referred to it, the offender was serving a sentence that included a sentence for an offence set out in Schedule I or II, or for an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, and

  • (b) in the case of an offence set out in Schedule I or an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, the commission of the offence caused the death of, or serious harm to, another person or the offence was a sexual offence involving a child,

  it may order that if the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.

• Marginal note:Order not to be released

  (5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment under this Act except on a temporary absence with escort for medical purposes under Part I.

• Marginal note:Where order for release revoked

  (6) Where an offender is ordered under subsection (3) or paragraph (3.3)(b) not to be released and is subsequently released pursuant to an order made under subparagraph 131(3)(a)(ii) or (iii) and the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.

• (7) [Repealed, 1995, c. 42, s. 45]

Marginal note:Annual review of orders

• 131 (1) The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order.

• Marginal note:Board to inquire

  (2) The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order.

• Marginal note:Board’s powers on review

  (3) The Board, on completing a review under subsection (1), shall

  • (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),

    • (i) confirm the order,

    • (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or

    • (iii) order the statutory release of the offender without such a residence requirement; or

  • (b) with respect to an order made under subparagraph (3)(a)(ii),

    • (i) confirm or modify the order, or

    • (ii) order the statutory release of the offender without such a residence requirement.

• Marginal note:Consent of Commissioner

  (4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

• Marginal note:Designation

  (5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).

Marginal note:Relevant factors in detention reviews

• 132 (1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent violent behaviour established on the basis of any evidence, in particular,

    • (i) the number of offences committed by the offender causing physical or psychological harm,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,

    • (iv) the use of a weapon in the commission of any offence by the offender,

    • (v) explicit threats of violence made by the offender,

    • (vi) behaviour of a brutal nature associated with the commission of any offence by the offender, and

    • (vii) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,

    • (i) the number of sexual offences involving a child committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,

    • (iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) reliable information about the offender’s sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law;

  • (c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;

  • (d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and

  • (e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (2) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular,

    • (i) the number of drug-related offences committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) the type and quantity of drugs involved in any offence committed by the offender,

    • (iv) reliable information demonstrating that the offender remains involved in drug-related activities, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

Conditions of Release

Marginal note:Definition of “releasing authority”

• 133 (1) In this section, releasing authority means

  • (a) the Board, in respect of

    • (i) parole,

    • (ii) statutory release, or

    • (iii) unescorted temporary absences authorized by the Board under subsection 116(1);

  • (b) the Commissioner, in respect of unescorted temporary absences authorized by the Commissioner under subsection 116(2); or

  • (c) the institutional head, in respect of unescorted temporary absences authorized by the institutional head under subsection 116(2).

• Marginal note:Conditions of release

  (2) Subject to subsection (6), every offender released on parole, statutory release or unescorted temporary absence is subject to the conditions prescribed by the regulations.

• Marginal note:Conditions set by releasing authority

  (3) The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

• Marginal note:Residence requirement

  (4) Where, in the opinion of the releasing authority, the circumstances of the case so justify, the releasing authority may require an offender, as a condition of parole or unescorted temporary absence, to reside in a community-based residential facility.

• Marginal note:Residence requirement

  (4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or in a psychiatric facility, where the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I before the expiration of the offender’s sentence according to law.

• Marginal note:Definition of “community-based residential facility”

  (4.2) In subsection (4.1), community-based residential facility includes a community correctional centre but does not include any other penitentiary.

• Marginal note:Not necessary to determine particular offence

  (4.3) For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.

• Marginal note:Consent of commissioner

  (4.4) A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

• Marginal note:Duration of conditions

  (5) A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.

• Marginal note:Relief from conditions

  (6) The releasing authority may, in accordance with the regulations, before or after the release of an offender,

  • (a) in respect of conditions referred to in subsection (2), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or

  • (b) in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.

Marginal note:Instructions to released offenders

• 134 (1) An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender’s parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.

• Marginal note:Definition of “parole supervisor”

  (2) In this section, parole supervisor means

  • (a) a staff member as defined in subsection 2(1); or

  • (b) a person entrusted by the Service with the guidance and supervision of an offender on parole, statutory release or unescorted temporary absence.

Conditions for Long-Term Supervision

Marginal note:Conditions for long-term supervision

• 134.1 (1) Subject to subsection (4), every offender who is required to be supervised by a long-term supervision order is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations, with such modifications as the circumstances require.

• Marginal note:Conditions set by Board

  (2) The Board may establish conditions for the long-term supervision of the offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

• Marginal note:Duration of conditions

  (3) A condition imposed under subsection (2) is valid for the period that the Board specifies.

• Marginal note:Relief from conditions

  (4) The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender,

  • (a) in respect of conditions referred to in subsection (1), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or

  • (b) in respect of conditions imposed under subsection (2), remove or vary any such condition.

Marginal note:Instructions to offenders subject to long-term supervision order

• 134.2 (1) An offender who is supervised pursuant to a long-term supervision order shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, or given by the offender’s parole supervisor, respecting any conditions of long-term supervision in order to prevent a breach of any condition or to protect society.

• Marginal note:Definition of “parole supervisor”

  (2) In this section, parole supervisor means

  • (a) a staff member as defined in subsection 2(1); or

  • (b) a person entrusted by the Service with the guidance and supervision of an offender who is required to be supervised by a long-term supervision order.

Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision

Marginal note:Suspension of parole or statutory release

• 135 (1) A member of the Board or a person, designated by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of parole or statutory release or when the member or person is satisfied that it is necessary and reasonable to suspend the parole or statutory release in order to prevent a breach of any condition thereof or to protect society, may, by warrant,

  • (a) suspend the parole or statutory release;

  • (b) authorize the apprehension of the offender; and

  • (c) authorize the recommitment of the offender to custody until the suspension is cancelled, the parole or statutory release is terminated or revoked or the sentence of the offender has expired according to law.

• Marginal note:Transfer of offender

  (2) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is recommitted to custody pursuant to subsection (1) in a place other than a penitentiary.

• Marginal note:Cancellation of suspension or referral

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

  • (a) where the offender is serving a sentence of less than two years, cancel the suspension or refer the case to the Board together with an assessment of the case, within fourteen days after the recommitment or such shorter period as the Board directs; or

  • (b) in any other case, within thirty days after the recommitment or such shorter period as the Board directs, cancel the suspension or refer the case to the Board together with an assessment of the case stating the conditions, if any, under which the offender could in that person’s opinion reasonably be returned to parole or statutory release.

• Marginal note:Review by Board

  (4) The Board shall, on the referral to it of the case of an offender serving a sentence of less than two years, review the case and, within the period prescribed by the regulations, either cancel the suspension or terminate or revoke the parole.

• Marginal note:Idem

  (5) The Board shall, on the referral to it of the case of an offender serving a sentence of two years or more, review the case and, within the period prescribed by the regulations, unless the Board grants an adjournment at the offender’s request,

  • (a) cancel the suspension, where the Board is satisfied that, in view of the offender’s behaviour since release, the offender will not, by reoffending before the expiration of the offender’s sentence according to law, present an undue risk to society;

  • (b) where the Board is not satisfied as provided in paragraph (a), terminate the parole or statutory release of the offender if it was suspended by reason of circumstances beyond the offender’s control or revoke it in any other case; or

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

• Marginal note:Terms of cancellation

  (6) If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the parole or statutory release of an offender, may

  • (a) reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour since release;

  • (b) alter the conditions of the parole or statutory release; and

  • (c) order the cancellation not to take effect until the expiration of a specified period not exceeding thirty days after the date of the Board’s decision, where the offender violated the conditions of parole or statutory release on the occasion of the suspension and on at least one previous occasion that led to a suspension of parole or statutory release during the offender’s sentence.

• Marginal note:Transmission of cancellation of suspension

  (6.1) Where a person referred to in subsection (3) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.

• Marginal note:Additional power of the Board

  (7) Independently of subsections (1) to (6), where the Board is satisfied that the continued parole or statutory release of an offender would constitute an undue risk to society by reason of the offender reoffending before the expiration of the sentence according to law, the Board may, at any time,

  • (a) where the offender is no longer eligible for the parole or entitled to be released on statutory release, terminate or revoke the parole or statutory release; or

  • (b) where the offender is still eligible for the parole or entitled to be released on statutory release,

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

    • (ii) revoke the parole or statutory release, where the undue risk to society is due to circumstances within the offender’s control.

• Marginal note:Power not affected by new sentence

  (8) The Board may exercise its power under subsection (7) notwithstanding any new sentence to which the offender becomes subject after being released on parole or statutory release, whether or not the new sentence is in respect of an offence committed before or after the offender’s release on parole or statutory release.

• Marginal note:Review by Board

  (9) Where the Board exercises its power under subsection (7), it shall review its decision at times prescribed by the regulations, at which times it shall either confirm or cancel its decision.

• Marginal note:Revocation of parole or statutory release

  (9.1) Where an offender whose parole or statutory release has not been terminated or revoked is incarcerated as a result of an additional sentence for an offence under an Act of Parliament, the parole or statutory release, as the case may be, is revoked on the day on which the offender is incarcerated as a result of the additional sentence.

• Marginal note:Exception

  (9.2) Subsection (9.1) does not apply where the additional sentence is to be served concurrently with, and is in respect of an offence committed before the commencement of, the sentence to which the parole or statutory release applies.

• Marginal note:Parole inoperative where parole eligibility date in future

  (9.3) Where an offender who is released on parole receives an additional sentence described in subsection (9.2) and the day determined in accordance with section 119, 120 or 120.2, as the case may be, on which the offender is eligible for parole is later than the day on which the offender received the additional sentence, the parole becomes inoperative and the offender shall be reincarcerated.

• Marginal note:Non-application of subsection (9.1)

  (9.4) 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 (9.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (9.1) 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 (9.1), is required, pursuant to section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.

• Marginal note:Parole inoperative where consecutive sentence

  (9.5) Where an offender to whom subsection (9.1) does not apply who is on parole that has not been revoked or terminated receives an additional sentence, for an offence under an Act of Parliament, 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 and, 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:Continuation of sentence

  (10) For the purposes of this Part, an offender who is in custody by virtue of this section continues to serve the offender’s sentence.

• Marginal note:Time at large during suspension

  (11) For the purposes of this Act, where a suspension of parole or statutory release is cancelled, the offender is deemed, during the period beginning on the day of the issuance of the suspension and ending on the day of the cancellation of the suspension, to have been serving the sentence to which the parole or statutory release applies.

Marginal note:Suspension of long-term supervision

• 135.1 (1) A member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of a long-term supervision order or a condition referred to in section 134.1 or when the member or person is satisfied that it is necessary and reasonable to suspend the long-term supervision in order to prevent a breach of any condition of it or to protect society, may, by warrant,

  • (a) suspend the long-term supervision;

  • (b) authorize the apprehension of the offender; and

  • (c) authorize the commitment of the offender to a community-based residential facility or a mental health facility or, where the member or person is satisfied that commitment to custody is necessary, to custody until the suspension is cancelled, new conditions for the long-term supervision have been established or the offender is charged with an offence under section 753.3 of the Criminal Code.

• Marginal note:Limit on commitment

  (2) The period of the commitment of the offender mentioned in paragraph (1)(c) must not exceed ninety days.

• Marginal note:Where offender committed

  (3) Where an offender is committed under paragraph (1)(c), the period of the commitment is included in the calculation of the period of long-term supervision ordered under a long-term supervision order, but if there is a period between the issuance of the warrant and the commitment to custody, that period is not included in that calculation.

• Marginal note:Transfer of offender

  (4) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is committed under paragraph (1)(c) in a place other than a penitentiary.

• Marginal note:Cancellation of suspension or referral

  (5) The person who signs a warrant pursuant to subsection (1), or any other person designated pursuant to that subsection, shall, immediately after the commitment of the offender, review the offender’s case and, as soon as possible but in any case no later than thirty days after the commitment, cancel the suspension or refer the case to the Board together with an assessment of the case.

• Marginal note:Review by Board

  (6) The Board shall, on the referral to it of the case of an offender, review the case and, within sixty days after the date of the referral,

  • (a) cancel the suspension, where the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision on the same conditions would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision;

  • (b) where the Board is not satisfied as provided in paragraph (a), cancel the suspension and order the resumption of long-term supervision on any conditions that the Board considers necessary to protect society; or

  • (c) where the Board is satisfied that no appropriate program of supervision can be established that would adequately protect society from the risk of the offender reoffending, and that it appears that a breach has occurred, recommend that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.

• Marginal note:Laying of information

  (7) Where the Board recommends that an information be laid pursuant to paragraph (6)(c), the Service shall recommend to the Attorney General who has jurisdiction in the place in which the breach of the condition occurred that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.

• Marginal note:Terms of cancellation

  (8) If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the long-term supervision order of an offender, may

  • (a) reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour while being supervised;

  • (b) alter the conditions of the long-term supervision; and

  • (c) order the cancellation not to take effect until the expiration of a specified period that ends on a date not later than the end of the ninety days referred to in subsection (2), in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender reoffending.

• Marginal note:Transmission of cancellation of suspension

  (9) Where a person referred to in subsection (4) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.

Marginal note:Warrant on termination, revocation or inoperability

136 When the parole or statutory release of an offender is terminated or revoked or where it becomes inoperative pursuant to subsection 135(9.3) or (9.5), a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.

Marginal note:Execution of warrant

• 137 (1) A warrant of apprehension issued under section 11.1, 18, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a warrant, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.

• Marginal note:Arrest without warrant

  (2) A peace officer who believes on reasonable grounds that a warrant is in force under this Part or under the authority of a provincial parole board for the apprehension of a person may arrest the person without warrant and remand the person in custody.

• Marginal note:Where arrest made

  (3) Where a person has been arrested pursuant to subsection (2), the warrant of apprehension, or an electronically transmitted copy thereof, shall be executed within forty-eight hours after the arrest is made, failing which the person shall be released.

Marginal note:Serving balance of sentence

• 138 (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

  • (a) any remission with which the offender was credited pursuant to the Prisons and Reformatories Act; or

  • (b) any credits under the International Transfer of Offenders Act.

• 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 section 127.

Multiple Sentences

Marginal note:Additional sentences

• 139 (1) Where a person who is subject to a sentence that has not expired receives an additional sentence, the person is, for the purposes of the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one sentence commencing at the beginning of the first of those sentences to be served and ending on the expiration of the last of them to be served.

• Marginal note:Interpretation

  (2) This section does not affect the time of commencement, pursuant to subsection 719(1) of the Criminal Code, of any sentences that are deemed under this section to constitute one sentence.

Review Hearings

Marginal note:Mandatory hearings

• 140 (1) The Board shall conduct the review of the case of an offender by way of a hearing, conducted in whichever of the two official languages of Canada is requested by the offender, unless the offender waives the right to a hearing in writing or refuses to attend the hearing, in the following classes of cases:

  • (a) the first review for day parole pursuant to subsection 122(1), except in respect of an offender serving a sentence of less than two years;

  • (b) the first review for full parole pursuant to subsection 123(1), including the review conducted pursuant to subsection 126(4), and subsequent reviews pursuant to subsection 123(5);

  • (c) a review conducted pursuant to section 129 or subsection 130(1) or 131(1);

  • (d) a review following a suspension, cancellation, termination or revocation of parole or following a suspension, termination or revocation of statutory release; and

  • (e) any review of a class specified in the regulations.

• Marginal note:Discretionary hearing

  (2) The Board may elect to conduct a review of the case of an offender by way of a hearing in any case not referred to in subsection (1).

• Marginal note:Dispensing with hearing

  (3) Notwithstanding subsection (1), in respect of any class of offenders specified in the regulations, the Board may conduct a review referred to in paragraph (1)(a) or (b) without a hearing in order to decide whether

  • (a) to grant parole, subject to the offender’s acceptance in writing of the conditions of parole; or

  • (b) to hold a hearing before the rendering of a decision.

• Marginal note:Attendance of observers

  (4) Subject to subsection (5), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to such conditions as the Board or person considers appropriate and after taking into account the offender’s views, permit a person who applies in writing therefor to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that

  • (a) the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing;

  • (b) the person’s presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim’s family or members of the offender’s family;

  • (c) the person’s presence is likely to adversely affect an appropriate balance between that person’s or the public’s interest in knowing and the public’s interest in the effective reintegration of the offender into society; or

  • (d) the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person’s presence.

• Marginal note:Exclusion of observers

  (5) Where in the course of a hearing the Board concludes that any of the possible situations described in subsection (4) is likely to exist, it may decide to continue the hearing in the absence of observers or of a particular observer.

• Marginal note:Access to information

  (6) Where an observer has been present during a hearing, any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.

• Marginal note:Assistance to offender

  (7) Where a review by the Board includes a hearing at which the offender is present, the Board shall permit the offender to be assisted by a person of the offender’s choice unless the Board would not permit the presence of that person as an observer pursuant to subsection (4).

• Marginal note:Role of assistant

  (8) A person referred to in subsection (7) is entitled

  • (a) to be present at the hearing at all times when the offender is present;

  • (b) to advise the offender throughout the hearing; and

  • (c) to address, on behalf of the offender, the members of the Board conducting the hearing at times they adjudge to be conducive to the effective conduct of the hearing.

• Marginal note:Right to interpreter

  (9) An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter at the hearing and for the purpose of understanding materials provided to the offender pursuant to subsection 141(1) and paragraph 143(2)(b).

Disclosure of Information

Marginal note:Disclosure to offender

• 141 (1) At least fifteen days before the day set for the review of the case of an offender, the Board shall provide or cause to be provided to the offender, in writing, in whichever of the two official languages of Canada is requested by the offender, the information that is to be considered in the review of the case or a summary of that information.

• Marginal note:Idem

  (2) Where information referred to in subsection (1) comes into the possession of the Board after the time prescribed in that subsection, that information or a summary of it shall be provided to the offender as soon as is practicable thereafter.

• Marginal note:Waiver

  (3) An offender may waive the right to be provided with the information or summary referred to in subsection (1) or to have it provided within the period referred to, but where an offender has waived that period and any information is received by the offender, or by the Board, so late that the offender or the Board is unable to sufficiently prepare for the review, the offender is entitled to, or the Board may order, a postponement of the review for such reasonable period as the Board determines.

• Marginal note:Exceptions

  (4) Where the Board has reasonable grounds to believe

  • (a) that any information should not be disclosed on the grounds of public interest, or

  • (b) that its disclosure would jeopardize

    • (i) the safety of any person,

    • (ii) the security of a correctional institution, or

    • (iii) the conduct of any lawful investigation,

  the Board may withhold from the offender as much information as is strictly necessary in order to protect the interest identified in paragraph (a) or (b).

Marginal note:Disclosure of information to victims

• 142 (1) At the request of a victim of an offence committed by an offender, the Chairperson

  • (a) shall disclose to the victim the following information about the offender:

    • (i) the offender’s name,

    • (ii) the offence of which the offender was convicted and the court that convicted the offender,

    • (iii) the date of commencement and length of the sentence that the offender is serving, and

    • (iv) eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and

  • (b) may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,

    • (i) the offender’s age,

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

    • (iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,

    • (iv) the date of any hearing for the purposes of a review under section 130,

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

    • (vi) the destination of the offender when released on unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,

    • (vii) whether the offender is in custody and, if not, the reason that the offender is not in custody, and

    • (viii) whether or not the offender has appealed a decision of the Board under section 147, and the outcome of that appeal.

• Marginal note:Idem

  (2) Where an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson of the Board may, at the request of a victim of an offence committed by the offender, disclose to the victim the name of the province in which the provincial facility is located if in the Chairperson’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure.

• Marginal note:Disclosure of information to other persons

  (3) Subsections (1) and (2) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson

  • (a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

  • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

• Marginal note:Regulations

  (4) The manner and form of making requests to the Chairperson under subsection (1) or (2), and how those requests are to be dealt with, may be provided for by the regulations.

• Marginal note:Designation by Chairperson

  (5) In this section, “Chairperson” includes a person or class of persons designated, by name or by position, by the Chairperson.

Records of Reviews and Decisions

Marginal note:Records of proceedings

• 143 (1) Where the Board conducts a review of the case of an offender by way of a hearing, it shall maintain a record of the proceedings for the period prescribed by the regulations.

• Marginal note:Decisions to be recorded and communicated

  (2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall

  • (a) record the decision and the reasons for the decision, and maintain a copy of the decision and reasons for the period prescribed by the regulations; and

  • (b) provide the offender with a copy of the decision and the reasons for the decision, in whichever of the two official languages of Canada is requested by the offender, within the period prescribed by the regulations.

Marginal note:Registry of decisions

• 144 (1) The Board shall maintain a registry of the decisions rendered by it under this Part and its reasons for each such decision.

• Marginal note:Access to registry

  (2) A person who demonstrates an interest in a case may, on written application to the Board, have access to the contents of the registry relating to that case, other than information the disclosure of which could reasonably be expected

  • (a) to jeopardize the safety of any person;

  • (b) to reveal a source of information obtained in confidence; or

  • (c) if released publicly, to adversely affect the reintegration of the offender into society.

• Marginal note:Idem

  (3) Subject to any conditions prescribed by the regulations, any person may have access for research purposes to the contents of the registry, other than the name of any person, information that could be used to identify any person or information the disclosure of which could jeopardize any person’s safety.

• Marginal note:Idem

  (4) Notwithstanding subsection (2), where any information contained in a decision in the registry has been considered in the course of a hearing held in the presence of observers, any person may, on application in writing, have access to that information in the registry.

Review and Evidence

Marginal note:Documents admissible

145 A decision, order, warrant or certificate purporting to be signed by a member of the Board or a person designated by the Chairperson of the Board is admissible in any court and is evidence of its contents without proof of the signature or official character of the person appearing to have signed it.

Organization of the Board

Appeal Division

Marginal note:Constitution of Appeal Division

• 146 (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members designated by the Governor in Council on the recommendation of the Minister from among the members appointed pursuant to section 103, and one of those members shall be designated Vice-Chairperson, Appeal Division.

• Marginal note:Disqualification

  (2) A member of the Appeal Division may not sit on an appeal from a decision in which the member participated.

• Marginal note:Idem

  (3) A member of a panel of the Appeal Division that orders a new review of a case pursuant to subsection 147(4) may not sit on the panel of the Board that reviews the case or on a panel of the Appeal Division that subsequently reviews the case on an appeal.

Appeal to Appeal Division

Marginal note:Right of appeal

• 147 (1) An offender may appeal a decision of the Board to the Appeal Division on the ground that the Board, in making its decision,

  • (a) failed to observe a principle of fundamental justice;

  • (b) made an error of law;

  • (c) breached or failed to apply a policy adopted pursuant to subsection 151(2);

  • (d) based its decision on erroneous or incomplete information; or

  • (e) acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.

• Marginal note:Decision of Vice-Chairperson

  (2) The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson,

  • (a) the appeal is frivolous or vexatious;

  • (b) the relief sought is beyond the jurisdiction of the Board;

  • (c) the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or

  • (d) at the time the notice of appeal is received by the Appeal Division, the offender has ninety days or less to serve before being released from imprisonment.

• Marginal note:Time and manner of appeal

  (3) The time within which and the manner in which a decision of the Board may be appealed shall be as prescribed by the regulations.

• Marginal note:Decision on appeal

  (4) The Appeal Division, on the completion of a review of a decision appealed from, may

  • (a) affirm the decision;

  • (b) affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review;

  • (c) order a new review of the case by the Board and order the continuation of the decision pending the review; or

  • (d) reverse, cancel or vary the decision.

• Marginal note:Conditions of immediate release

  (5) The Appeal Division shall not render a decision under subsection (4) that results in the immediate release of an offender from imprisonment unless it is satisfied that

  • (a) the decision appealed from cannot reasonably be supported in law, under the applicable policies of the Board, or on the basis of the information available to the Board in its review of the case; and

  • (b) a delay in releasing the offender from imprisonment would be unfair.

Head Office and Regions

Marginal note:Head office

• 148 (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act, but meetings of the Board or of the Executive Committee of the Board may be held at such times and places as the Chairperson of the Board directs.

• Marginal note:Regional offices

  (2) The Board shall maintain at least one regional office at a place determined by the Chairperson, after consultation with the Minister, in each of the following regions of Canada, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region.

Marginal note:Regional divisions

• 149 (1) There shall be regional divisions of the Board consisting of the members assigned to them, who shall exercise such functions of the Board, under this or any other Act of Parliament, as are designated by the Chairperson of the Board for a region or, where there is more than one regional office in a region, for the portion of a region designated by the Chairperson.

• Marginal note:Residence

  (2) Full-time members of the Board assigned to a regional division pursuant to subsection 105(3) shall reside within reasonable commuting distance of the office of that division.

• Marginal note:Presumption

  (3) Any act or thing done or any decision rendered by a panel of the Board constituted pursuant to subsection 105(6) is, for the purposes of this Part, an act or thing done or a decision rendered by the Board.

Marginal note:Vice-Chairpersons

• 150 (1) A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Vice-Chairperson for each regional division of the Board.

• Marginal note:Idem

  (2) A Vice-Chairperson for a division is responsible to the Chairperson for the professional conduct, training, and quality of decision-making of Board members assigned to that division.

General

Marginal note:Executive Committee

• 151 (1) There shall be an Executive Committee of the Board consisting of the Chairperson, the Executive Vice-Chairperson, the Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons and two other members of the Board designated by the Chairperson after consultation with the Minister.

• Marginal note:Functions

  (2) The Executive Committee

  • (a) shall, after such consultation with Board members as it considers appropriate, adopt policies relating to reviews under this Part;

  • (b) shall, where requested by the Chairperson, advise the Chairperson on any other matters concerning the functions of the Board or of the Chairperson under this or any other Act of Parliament; and

  • (c) may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations.

• Marginal note:Respect for diversity

  (3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.

• Marginal note:Chair

  (4) Meetings of the Executive Committee shall be chaired by the Chairperson.

Marginal note:Chief Executive Officer

• 152 (1) The Chairperson of the Board is its chief executive officer and as such has supervision over and direction of the work and the staff of the Board, and the Chairperson shall chair general meetings of the Board.

• Marginal note:Withdrawal of member

  (2) The Chairperson may direct that a member of the Board not participate in a review panel where, in the opinion of the Chairperson, the participation of the member in the review may result in a reasonable apprehension of bias.

• Marginal note:Constitution of review panels

  (3) The Chairperson may direct that the number of members required to constitute a panel for the review of any particular case shall be greater than the number fixed by the regulations.

• Marginal note:Investigations

  (4) The Chairperson may appoint a person or persons to investigate and report on any matter relating to the operations of the Board, and sections 7 to 13 of the Inquiries Act apply in respect of such investigations, with such modifications as the circumstances require, as if the references to “commissioners” in those sections were references to the person or persons so appointed.

• Marginal note:Delegation

  (5) The Chairperson may authorize any full-time member of the Board to exercise any of the Chairperson’s functions under this Part, in accordance with any conditions specified by the Chairperson, and a function so exercised shall be deemed to have been exercised by the Chairperson.

• Marginal note:Manner of exercising

  (6) Where the Chairperson is authorized by this Part to designate a person to exercise a power, the Chairperson may specify the conditions under which that person may exercise the power.

• Marginal note:Absence, incapacity or vacancy

  (7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Executive Vice-Chairperson may exercise all the powers of the Chairperson.

• Marginal note:Idem

  (8) In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Executive Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.

Marginal note:Remuneration of full-time and substitute members

• 153 (1) Each full-time and substitute member of the Board shall be paid such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the administrative centre to which the member is assigned.

• Marginal note:Leave of absence from public service

  (2) An employee in the public service appointed as a full-time member of the Board shall be given leave of absence without pay from the public service.

• Marginal note:Remuneration of part-time members

  (3) Each part-time member of the Board shall be paid such remuneration as is fixed by the Governor in Council for each day that the member is serving as such, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the member’s ordinary place of residence.

• Marginal note:Pension

  (4) The full-time members and employees of the Board shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Marginal note:Immunity of members

154 No criminal or civil proceedings lie against a member of the Board for anything done or said in good faith in the exercise or purported exercise of the functions of a member of the Board under this or any other Act of Parliament.

Marginal note:Impartiality

• 155 (1) A full-time member of the Board shall not hold any office or engage in any occupation incompatible with the exercise of the member’s functions under this or any other Act of Parliament.

• Marginal note:Idem

  (2) A member of the Board may not participate in a review of a case in circumstances where a reasonable apprehension of bias may result from the participation of that member.

Marginal note:Inquiries

• 155.1 (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures for any reason set out in any of paragraphs 155.2(2)(a) to (d).

• Marginal note:Judge to conduct inquiry

  (2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.

• Marginal note:Powers

  (3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power

  • (a) to issue to any person a summons requiring the person to appear at the time and place mentioned in the summons to testify with respect to all matters within the person’s knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and

  • (b) to administer oaths and examine any person on oath.

• Marginal note:Inquiry public

  (4) Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.

• Marginal note:Confidentiality

  (5) A judge conducting an inquiry under this section may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry where the judge is satisfied that, during the inquiry or as a result of the inquiry being conducted in public, as the case may be,

  • (a) matters involving public security may be disclosed;

  • (b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosures of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public; or

  • (c) there is a reasonable likelihood that the life, liberty or security of a person would be endangered.

• Marginal note:Idem

  (6) Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).

• Marginal note:Rules of evidence

  (7) A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

• Marginal note:Right to grant standing

  (8) A judge conducting an inquiry under this section may grant standing to the hearing to any party where the judge determines such an order to be appropriate.

• Marginal note:Right to be heard

  (9) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.

Marginal note:Report of inquiry

• 155.2 (1) After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister.

• Marginal note:Recommendations

  (2) Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held

  • (a) has become incapacitated from the due execution of the member’s office by reason of infirmity,

  • (b) is guilty of misconduct,

  • (c) has failed in the due execution of the member’s office, or

  • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member’s office,

  the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such disciplinary or remedial measure as the judge considers necessary be taken.

• Marginal note:Governor in Council may suspend or remove

  (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure.

Regulations

Marginal note:Regulations

• 156 (1) The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation and, generally, for carrying out the purposes and provisions of this Part.

• Marginal note:Application

  (2) Regulations may be made pursuant to subsection (1) that are applicable

  • (a) in respect of offenders within the jurisdiction of a provincial parole board; and

  • (b) in respect of a specified class, or specified classes, of offenders.

• Marginal note:Regulations

  (3) The Governor in Council may, by regulation, amend Schedule I or II.

• Marginal note:Idem

  (4) The Governor in Council may make regulations respecting the method of determining

  • (a) pursuant to sections 120 to 120.3, the period that an offender must serve before being eligible for parole;

  • (b) pursuant to section 127, the period that an offender must serve before being entitled to statutory release; and

  • (c) the manner in which subsection 139(1) applies in respect of sentences.

PART IIICorrectional Investigator

Interpretation

Marginal note:Definitions

157 In this Part,

Commissioner

commissaire

Commissioner has the same meaning as in Part I; (commissaire)

Correctional Investigator

enquêteur correctionnel

Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; (enquêteur correctionnel)

long-term supervision

surveillance de longue durée

long-term supervision has the same meaning as in Part I; (surveillance de longue durée)

Minister

ministre

Minister has the same meaning as in Part I; (ministre)

offender

délinquant

offender has the same meaning as in Part II; (délinquant)

parole

libération conditionnelle

parole has the same meaning as in Part II; (libération conditionnelle)

penitentiary

pénitencier

penitentiary has the same meaning as in Part I; (pénitencier)

provincial parole board

commission provinciale

provincial parole board has the same meaning as in Part II. (commission provinciale)

Marginal note:Application to persons subject to long-term supervision order

157.1 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part.

Correctional Investigator

Marginal note:Appointment

158 The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.

Marginal note:Eligibility

159 A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada.

Marginal note:Tenure of office and removal

• 160 (1) The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.

• Marginal note:Further terms

  (2) The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

Marginal note:Absence, incapacity or vacancy

161 In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

Marginal note:Devotion to duties

162 The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.

Marginal note:Salary and expenses

• 163 (1) The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part.

• Marginal note:Pension benefits

  (2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the public service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

• Marginal note:Other benefits

  (3) The Correctional Investigator is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Management

Marginal note:Management

164 The Correctional Investigator has the control and management of all matters connected with the office of the Correctional Investigator.

Staff

Marginal note:Staff of the Correctional Investigator

• 165 (1) Such officers and employees as are necessary to enable the Correctional Investigator to perform the function and duties of the Correctional Investigator under this Part shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) The Correctional Investigator may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Correctional Investigator to advise and assist the Correctional Investigator in the performance of the function and duties of the Correctional Investigator under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Oath of Office

Marginal note:Oath of office

166 The Correctional Investigator and every person appointed pursuant to section 161 or subsection 165(1) shall, before commencing the duties of office, take the following oath of office:

“I, (name), swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (Correctional Investigator, Acting Correctional Investigator or officer or employee of the Correctional Investigator). So help me God.”

Function

Marginal note:Function

• 167 (1) It is the function of the Correctional Investigator to conduct investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affect offenders either individually or as a group.

• Marginal note:Restrictions

  (2) In performing the function referred to in subsection (1), the Correctional Investigator may not investigate

  • (a) any decision, recommendation, act or omission of

    • (i) the National Parole Board in the exercise of its exclusive jurisdiction under this Act, or

    • (ii) any provincial parole board in the exercise of its exclusive jurisdiction;

  • (b) any problem of an offender related to the offender’s confinement in a provincial correctional facility, whether or not the confinement is pursuant to an agreement between the federal government and the government of the province in which the provincial correctional facility is located; and

  • (c) any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole, statutory release subject to supervision or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province.

• Marginal note:Exception

  (3) Notwithstanding paragraph (2)(b), the Correctional Investigator may, in any province that has not appointed a provincial parole board, investigate the problems of offenders confined in provincial correctional facilities in that province related to the preparation of cases of parole by any person under the control and management of, or performing services for or on behalf of, the Commissioner.

Marginal note:Application to Federal Court

168 Where any question arises as to whether the Correctional Investigator has jurisdiction to investigate any particular problem, the Correctional Investigator may apply to the Federal Court for a declaratory order determining the question.

Information Program

Marginal note:Information program

169 The Correctional Investigator shall maintain a program of communicating information to offenders concerning

• (a) the function of the Correctional Investigator;

• (b) the circumstances under which an investigation may be commenced by the Correctional Investigator; and

• (c) the independence of the Correctional Investigator.

Investigations

Marginal note:Commencement

• 170 (1) The Correctional Investigator may commence an investigation

  • (a) on the receipt of a complaint by or on behalf of an offender;

  • (b) at the request of the Minister; or

  • (c) on the initiative of the Correctional Investigator.

• Marginal note:Discretion

  (2) The Correctional Investigator has full discretion as to

  • (a) whether an investigation should be conducted in relation to any particular complaint or request;

  • (b) how every investigation is to be carried out; and

  • (c) whether any investigation should be terminated before its completion.

Marginal note:Right to hold hearing

• 171 (1) In the course of an investigation, the Correctional Investigator may hold any hearing and make such inquiries as the Correctional Investigator considers appropriate, but no person is entitled as of right to be heard by the Correctional Investigator.

• Marginal note:Hearings to be in camera

  (2) Every hearing held by the Correctional Investigator shall be in camera unless the Correctional Investigator decides otherwise.

Marginal note:Right to require information and documents

• 172 (1) In the course of an investigation, the Correctional Investigator may require any person

  • (a) to furnish any information that, in the opinion of the Correctional Investigator, the person may be able to furnish in relation to the matter being investigated; and

  • (b) subject to subsection (2), to produce, for examination by the Correctional Investigator, any document, paper or thing that, in the opinion of the Correctional Investigator, relates to the matter being investigated and that may be in the possession or under the control of that person.

• Marginal note:Return of document, etc.

  (2) The Correctional Investigator shall return any document, paper or thing produced pursuant to paragraph (1)(b) to the person who produced it within ten days after a request therefor is made to the Correctional Investigator, but nothing in this subsection precludes the Correctional Investigator from again requiring its production in accordance with paragraph (1)(b).

• Marginal note:Right to make copies

  (3) The Correctional Investigator may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).

Marginal note:Right to examine under oath

• 173 (1) In the course of an investigation, the Correctional Investigator may summon and examine on oath

  • (a) where the investigation is in relation to a complaint, the complainant, and

  • (b) any person who, in the opinion of the Correctional Investigator, is able to furnish any information relating to the matter being investigated,

  and for that purpose may administer an oath.

• Marginal note:Representation by counsel

  (2) Where a person is summoned pursuant to subsection (1), that person may be represented by counsel during the examination in respect of which the person is summoned.

Marginal note:Right to enter

174 For the purposes of this Part, the Correctional Investigator may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Commissioner and inspect the premises and carry out therein any investigation or inspection.

Findings, Reports and Recommendations

Marginal note:Decision not to investigate

175 Where the Correctional Investigator decides not to conduct an investigation in relation to a complaint or a request from the Minister or decides to terminate such an investigation before its completion, the Correctional Investigator shall inform the complainant or the Minister, as the case may be, of that decision and, if the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Marginal note:Complaint not substantiated

176 Where, after conducting an investigation in relation to a complaint, the Correctional Investigator concludes that the complaint has not been substantiated, the Correctional Investigator shall inform the complainant of that conclusion and, where the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Marginal note:Informing of problem

177 Where, after conducting an investigation, the Correctional Investigator determines that a problem referred to in section 167 exists in relation to one or more offenders, the Correctional Investigator shall inform

• (a) the Commissioner, or

• (b) where the problem arises out of the exercise of a power delegated by the Chairperson of the National Parole Board to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the National Parole Board

of the problem and the particulars thereof.

Marginal note:Opinion re decision, recommendation, etc.

• 178 (1) Where, after conducting an investigation, the Correctional Investigator is of the opinion that the decision, recommendation, act or omission to which a problem referred to in section 167 relates

  • (a) appears to have been contrary to law or to an established policy,

  • (b) was unreasonable, unjust, oppressive or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act or a practice or policy that is or may be unreasonable, unjust, oppressive or improperly discriminatory, or

  • (c) was based wholly or partly on a mistake of law or fact,

  the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, as the case may be, of the problem.

• Marginal note:Opinion re exercise of discretionary power

  (2) Where, after conducting an investigation, the Correctional Investigator is of the opinion that in the making of the decision or recommendation, or in the act or omission, to which a problem referred to in section 167 relates a discretionary power has been exercised

  • (a) for an improper purpose,

  • (b) on irrelevant grounds,

  • (c) on the taking into account of irrelevant considerations, or

  • (d) without reasons having been given,

  the Correctional Investigator shall indicate that opinion, and the reasons therefor, when informing the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, as the case may be, of the problem.

Marginal note:Recommendations

• 179 (1) When informing the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, as the case may be, of a problem, the Correctional Investigator may make any recommendation that the Correctional Investigator considers appropriate.

• Marginal note:Recommendations in relation to decision, recommendation, etc.

  (2) In making recommendations in relation to a decision, recommendation, act or omission referred to in subsection 167(1), the Correctional Investigator may, without restricting the generality of subsection (1), recommend that

  • (a) reasons be given to explain why the decision or recommendation was made or the act or omission occurred;

  • (b) the decision, recommendation, act or omission be referred to the appropriate authority for further consideration;

  • (c) the decision or recommendation be cancelled or varied;

  • (d) the act or omission be rectified; or

  • (e) the law, practice or policy on which the decision, recommendation, act or omission was based be altered or reconsidered.

• Marginal note:Recommendations not binding

  (3) Neither the Commissioner nor the Chairperson of the National Parole Board is bound to act on any finding or recommendation made under this section.

Marginal note:Notice and report to Minister

180 If, within a reasonable time after informing the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, as the case may be, of a problem, no action is taken that seems to the Correctional Investigator to be adequate and appropriate, the Correctional Investigator shall inform the Minister of that fact and provide the Minister with whatever information was originally provided to the Commissioner, or the Commissioner and the Chairperson of the National Parole Board, as the case may be.

Marginal note:Complainant to be informed of result of investigation

181 Where an investigation is in relation to a complaint, the Correctional Investigator shall, in such manner and at such time as the Correctional Investigator considers appropriate, inform the complainant of the results of the investigation, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.

Confidentiality

Marginal note:Confidentiality

182 Subject to this Part, the Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall not disclose any information that comes to their knowledge in the exercise of their powers or the performance of their functions and duties under this Part.

Marginal note:Disclosure authorized

• 183 (1) Subject to subsection (2), the Correctional Investigator may disclose or may authorize any person acting on behalf or under the direction of the Correctional Investigator to disclose information

  • (a) that, in the opinion of the Correctional Investigator, is necessary to

    • (i) carry out an investigation, or

    • (ii) establish the grounds for findings and recommendations made under this Part; or

  • (b) in the course of a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.

• Marginal note:Exceptions

  (2) The Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, any information the disclosure of which could reasonably be expected

  • (a) to disclose information obtained or prepared in the course of lawful investigations pertaining to

    • (i) the detection, prevention or suppression of crime,

    • (ii) the enforcement of any law of Canada or a province, where the investigation is ongoing, or

    • (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,

    if the information came into existence less than twenty years before the anticipated disclosure;

  • (b) to be injurious to the conduct of any lawful investigation;

  • (c) in respect of any individual under sentence for an offence against any Act of Parliament, to

    • (i) lead to a serious disruption of that individual’s institutional or conditional release program, or

    • (ii) result in physical or other harm to that individual or any other person;

  • (d) to disclose advice or recommendations developed by or for a government institution within the meaning of the Access to Information Act or a minister of the Crown; or

  • (e) to disclose confidences of the Queen’s Privy Council for Canada referred to in section 196.

• Marginal note:Definition of investigation

  (3) For the purposes of paragraph (2)(b), investigation means an investigation that

  • (a) pertains to the administration or enforcement of an Act of Parliament or of a province; or

  • (b) is authorized by or pursuant to an Act of Parliament or of a province.

Marginal note:Letters to be unopened

184 Notwithstanding any provision in any Act or regulation, where

• (a) a letter written by an offender is addressed to the Correctional Investigator, or

• (b) a letter written by the Correctional Investigator is addressed to an offender,

the letter shall immediately be forwarded unopened to the Correctional Investigator or to the offender, as the case may be, by the person in charge of the institution at which the offender is incarcerated.

Delegation

Marginal note:Delegation by Correctional Investigator

• 185 (1) The Correctional Investigator may authorize any person to exercise or perform, subject to such restrictions or limitations as the Correctional Investigator may specify, the function, powers and duties of the Correctional Investigator under this Part except

  • (a) the power to delegate under this section; and

  • (b) the duty or power to make a report to the Minister under section 192 or 193.

• Marginal note:Delegation is revocable

  (2) Every delegation under this section is revocable at will and no delegation prevents the exercise or performance by the Correctional Investigator of the delegated function, powers and duties.

• Marginal note:Continuing effect of delegation

  (3) In the event that the Correctional Investigator who makes a delegation under this section ceases to hold office, the delegation continues in effect so long as the delegate continues in office or until revoked by a succeeding Correctional Investigator.

Relationship With Other Acts

Marginal note:Power to conduct investigations

• 186 (1) The power of the Correctional Investigator to conduct investigations exists notwithstanding any provision in any Act to the effect that the matter being investigated is final and that no appeal lies in respect thereof or that the matter may not be challenged, reviewed, quashed or in any way called into question.

• Marginal note:Relationship with other Acts

  (2) The power of the Correctional Investigator to conduct investigations is in addition to the provisions of any other Act or rule of law under which

  • (a) any remedy or right of appeal or objection is provided for any person, or

  • (b) any procedure is provided for the inquiry into or investigation of any matter,

  and nothing in this Part limits or affects any such remedy, right of appeal, objection or procedure.

Legal Proceedings

Marginal note:Acts not to be questioned or subject to review

187 Except on the ground of lack of jurisdiction, nothing done by the Correctional Investigator, including the making of any report or recommendation, is liable to be challenged, reviewed, quashed or called into question in any court.

Marginal note:Protection of Correctional Investigator

188 No criminal or civil proceedings lie against the Correctional Investigator, or against any person acting on behalf or under the direction of the Correctional Investigator, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator.

Marginal note:No summons

189 The Correctional Investigator or any person acting on behalf or under the direction of the Correctional Investigator is not a competent or compellable witness in respect of any matter coming to the knowledge of the Correctional Investigator or that person in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Correctional Investigator, in any proceedings other than a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.

Marginal note:Libel or slander

190 For the purposes of any law relating to libel or slander,

• (a) anything said, any information furnished or any document, paper or thing produced in good faith in the course of an investigation by or on behalf of the Correctional Investigator under this Part is privileged; and

• (b) any report made in good faith by the Correctional Investigator under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

Offence and Punishment

Marginal note:Offences

191 Every person who

• (a) without lawful justification or excuse, wilfully obstructs, hinders or resists the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator,

• (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Correctional Investigator or any other person under this Part, or

• (c) wilfully makes any false statement to or misleads or attempts to mislead the Correctional Investigator or any other person in the exercise or performance of the function, powers or duties of the Correctional Investigator

is guilty of an offence punishable on summary conviction and liable to a fine not exceeding two thousand dollars.

Annual and Special Reports

Marginal note:Annual reports

192 The Correctional Investigator shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Correctional Investigator during that year, and the Minister shall cause every such report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.

Marginal note:Urgent matters

193 The Correctional Investigator may, at any time, make a special report to the Minister referring to and commenting on any matter within the scope of the function, powers and duties of the Correctional Investigator where, in the opinion of the Correctional Investigator, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for the submission of the next annual report to the Minister under section 192, and the Minister shall cause every such special report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.

Marginal note:Reporting of public hearings

194 Where the Correctional Investigator decides to hold hearings in public in relation to any investigation, the Correctional Investigator shall indicate in relation to that investigation, in the report submitted under section 192, the reasons why the hearings were held in public.

Marginal note:Adverse comments

195 Where it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 192 or 193 any comment or information that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall give that person or organization a reasonable opportunity to make representations respecting the comment or information and shall include in the report a fair and accurate summary of those representations.

Confidences of the Queen’s Privy Council

Marginal note:Confidences of the Queen’s Privy Council for Canada

• 196 (1) The powers of the Correctional Investigator under sections 172, 173 and 174 do not apply with respect to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,

  • (a) memoranda the purpose of which is to present proposals or recommendations to Council;

  • (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

  • (c) agenda of Council or records recording deliberations or decisions of Council;

  • (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

  • (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

  • (f) draft legislation; and

  • (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).

• Definition of Council

  (2) For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.

• Marginal note:Exception

  (3) Subsection (1) does not apply with respect to

  • (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or

  • (b) discussion papers described in paragraph (1)(b)

    • (i) if the decisions to which the discussion papers relate have been made public, or

    • (ii) where the decisions have not been made public, if four years have passed since the decisions were made.

Regulations

Marginal note:Regulations

197 The Governor in Council may make such regulations as the Governor in Council deems necessary for carrying out the purposes and provisions of this Part.

Her Majesty

Marginal note:Binding on Her Majesty

198 This Part is binding on Her Majesty in right of Canada.

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.

Marginal note:Administrative segregation, discipline

220 All matters relating to administrative segregation and disciplinary offences shall, on the coming into force of section 214, be dealt with in accordance with Part I of this Act.

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.

• Marginal note:Full parole eligibility of past offenders

  (2) Sections 125 and 126 do not apply to an offender serving a sentence on the commencement day whose case was reviewed under the former Act during that sentence for the purpose of full parole.

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.

Review of Detention Provisions

Marginal note:Review of detention provisions after three years

• 232 (1) Three years after the coming into force of sections 129 to 132, a comprehensive review of the operation of those sections shall be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons for that purpose.

• Marginal note:Report to House of Commons

  (2) The committee referred to in subsection (1) shall, within one year after a review is undertaken pursuant to that subsection or within such further time as the House of Commons may authorize, submit a report on the review to the House of Commons.

Review of Whole Act

Marginal note:Review of whole Act

• 233 (1) Five years after the coming into force of this Act, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

• Marginal note:Report to Parliament

  (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report to Parliament including a statement of any changes the committee recommends.

Coming into Force

Marginal note:Coming into force

Footnote ^*234 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, except section 204, in force November 1, 1992, see SI/92-197; section 204 repealed by 1995, c. 42, s. 61, in force January 24, 1996, see SI/96-10.]