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

Marginal note:Youth Criminal Justice Act

127.1 Subject to this Act, a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired.

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:Sentence deemed to be completed

  (3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 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, 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, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are 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 cases to Board

  (2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that

  • (a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,

    • (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 or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or

  • (b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, 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) If the Commissioner believes on reasonable grounds that an offender 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 practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless

  • (a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or

  • (b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.

• 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

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

  sexual offence involving a child

  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),

    • (iv.1) section 163.1 (child sexual abuse and exploitation material),

    • (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),

    • (vii.1) section 172.1 (luring a child),

    • (viii) section 279.011 (trafficking — person under 18 years),

    • (ix) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

    • (x) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

    • (xi) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

    • (xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

    • (xiii) subsection 286.3(2) (procuring — person under 18 years);

  • (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) [Repealed, 2019, c. 25, s. 394]

    • (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);

  • (b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:

    • (i) subsection 212(2) (living on the avails of prostitution of person under 18 years), and

    • (ii) subsection 212(4) (prostitution of person under 18 years);

  • (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:Temporary absence with escort

  (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, except on a temporary absence with escort under Part I for medical or administrative reasons.

• 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]