Abolition of Early Parole Act (S.C. 2011, c. 11)

Assented to 2011-03-23

Abolition of Early Parole Act

S.C. 2011, c. 11

Assented to 2011-03-23

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

SUMMARY

This enactment amends the Corrections and Conditional Release Act to eliminate accelerated parole review and makes consequential amendments to other Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Abolition of Early Parole Act.

1992, c. 20CORRECTIONS AND CONDITIONAL RELEASE ACT

Marginal note:1995, c. 42, s. 23(2)

 Subsection 93(3.1) of the Corrections and Conditional Release Act is repealed.

Marginal note:1997, c. 17, s. 21(1)

 Section 119.1 of the Act is repealed.

  •  (1) Subsection 124(1) of the Act is replaced by the following:

    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 or 123, but shall do so as soon as possible after being informed of the offender’s return to custody.

  • (2) Subsection 124(3) of the English version of the Act is replaced by the following:

    • Marginal note:Cancellation of parole

      (3) If an offender has been granted parole under section 122 or 123, 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:1995, c. 42, ss. 39 and 40; 1997, c. 17, ss. 24(1)(E) and (2) and 25; 1999, c. 5, ss. 50 and 53; 2001, c. 41, s. 90

 The heading before section 125 and sections 125 to 126.1 of the Act are repealed.

Marginal note:1995, c. 42, s. 55(1)(E)

 Paragraph 140(1)(b) of the Act is replaced by the following:

  • (b) the first review for full parole pursuant to subsection 123(1) and subsequent reviews pursuant to subsection 123(5);

 Subsection 225(2) of the Act is repealed.

 Schedule I to the Act is amended by replacing the references after the heading “SCHEDULE I” with the following:

(Subsections 107(1), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3))

 Schedule II to the Act is amended by replacing the references after the heading “SCHEDULE II” with the following:

(Subsections 107(1), 129(1), (2) and (9), 130(3) and (4) and 156(3))

TRANSITIONAL PROVISIONS

Marginal note:Application
  •  (1) Subject to subsection (2), the accelerated parole review process set out in sections 125 to 126.1 of the Corrections and Conditional Release Act, as those sections read on the day before the day on which section 5 comes into force, does not apply, as of that day, to offenders who were sentenced, committed or transferred to penitentiary, whether the sentencing, committal or transfer occurs before, on or after the day of that coming into force.

  • Marginal note:Restriction

    (2) For greater certainty, the repeal of sections 125 to 126.1 of the Corrections and Conditional Release Act does not affect the validity of a direction made under those sections before the day on which section 5 comes into force.

CONSEQUENTIAL AMENDMENTS

1995, c. 42An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act

 Section 89 of An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act is repealed.

1997, c. 17An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act

 Subsection 21(2) of An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act is repealed.

2001, c. 41Anti-terrorism Act

  •  (1) Paragraph 94(1)(a) of the Anti-terrorism Act is repealed.

  • (2) Subsection 94(2) of the Act is repealed.

COORDINATING AMENDMENTS

Marginal note:Bill C-39
  •  (1) Subsections (2) to (39) apply if Bill C-39, introduced in the 3rd session of the 40th Parliament and entitled the Ending Early Release for Criminals and Increasing Offender Accountability Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If section 2 of this Act comes into force before subsection 17(2) of the other Act, then that subsection 17(2) is repealed.

  • (3) If subsection 17(2) of the other Act comes into force before section 2 of this Act, then that section 2 is repealed.

  • (4) If section 2 of this Act comes into force on the same day as subsection 17(2) of the other Act, then that section 2 is deemed to have come into force before that subsection 17(2) and subsection (2) applies as a consequence.

  • (5) If section 3 of this Act comes into force before section 24 of the other Act, then that section 24 is replaced by the following:

    24. The Act is amended by adding the following after section 119:

    Definition of “sentence”

    119.1 For the purpose of sections 120 to 120.3, and unless the context requires otherwise, a sentence is one that is not constituted under subsection 139(1).

  • (6) If section 24 of the other Act comes into force before section 3 of this Act, then that section 3 is repealed.

  • (7) If section 3 of this Act comes into force on the same day as section 24 of the other Act, then that section 24 is deemed to have come into force before that section 3 and subsection (6) applies as a consequence.

  • (8) If subsection 29(1) of the other Act comes into force before subsection 4(1) of this Act, then that subsection 4(1) is repealed.

  • (9) If subsection 29(1) of the other Act comes into force on the same day as subsection 4(1) of this Act, then that subsection 4(1) is deemed to have come into force before that subsection 29(1).

  • (10) If subsection 4(2) of this Act comes into force before subsection 29(2) of the other Act, then that subsection 29(2) is repealed.

  • (11) If subsection 29(2) of the other Act comes into force before subsection 4(2) of this Act, then that subsection 4(2) is repealed.

  • (12) If subsection 4(2) of this Act comes into force on the same day as subsection 29(2) of the other Act, then that subsection 29(2) is deemed to have come into force before that subsection 4(2) and subsection (11) applies as a consequence.

  • (13) If section 5 of this Act comes into force before section 30 of the other Act, then that section 30 is repealed.

  • (14) If section 30 of the other Act comes into force before section 5 of this Act, then that section 5 is repealed.

  • (15) If section 5 of this Act comes into force on the same day as section 30 of the other Act, then that section 30 is deemed to have come into force before that section 5 and subsection (14) applies as a consequence.

  • (16) If subsection 46(1) of the other Act comes into force before section 6 of this Act, then that section 6 is repealed.

  • (17) If subsection 46(1) of the other Act comes into force on the same day as section 6 of this Act, then that section 6 is deemed to have come into force before that subsection 46(1).

  • (18) If section 7 of this Act comes into force before section 53 of the other Act, then that section 53 is repealed.

  • (19) If section 53 of the other Act comes into force before section 7 of this Act, then that section 7 is repealed.

  • (20) If section 7 of this Act comes into force on the same day as section 53 of the other Act, then that section 53 is deemed to have come into force before that section 7 and subsection (19) applies as a consequence.

  • (21) If section 8 of this Act comes into force before section 54 of the other Act, then that section 54 is repealed.

  • (22) If section 54 of the other Act comes into force before section 8 of this Act, then that section 8 is repealed.

  • (23) If section 8 of this Act comes into force on the same day as section 54 of the other Act, then that section 54 is deemed to have come into force before that section 8 and subsection (22) applies as a consequence.

  • (24) If section 9 of this Act comes into force before section 57 of the other Act, then that section 57 is repealed.

  • (25) If section 57 of the other Act comes into force before section 9 of this Act, then that section 9 is repealed.

  • (26) If section 9 of this Act comes into force on the same day as section 57 of the other Act, then that section 57 is deemed to have come into force before that section 9 and subsection (25) applies as a consequence.

  • (27) If section 10 of this Act comes into force before section 58 of the other Act, then that section 58 is repealed.

  • (28) If section 11 of this Act comes into force before section 62 of the other Act, then that section 62 is repealed.

  • (29) If section 62 of the other Act comes into force before section 11 of this Act, then that section 11 is repealed.

  • (30) If section 11 of this Act comes into force on the same day as section 62 of the other Act, then that section 62 is deemed to have come into force before that section 11 and subsection (29) applies as a consequence.

  • (31) If section 12 of this Act comes into force before section 63 of the other Act, then that section 63 is repealed.

  • (32) If section 63 of the other Act comes into force before section 12 of this Act, then that section 12 is repealed.

  • (33) If section 12 of this Act comes into force on the same day as section 63 of the other Act, then that section 63 is deemed to have come into force before that section 12 and subsection (32) applies as a consequence.

  • (34) If subsection 13(1) of this Act comes into force before subsection 64(1) of the other Act, then that subsection 64(1) is repealed.

  • (35) If subsection 64(1) of the other Act comes into force before subsection 13(1) of this Act, then that subsection 13(1) is repealed.

  • (36) If subsection 13(1) of this Act comes into force on the same day as subsection 64(1) of the other Act, then that subsection 64(1) is deemed to have come into force before that subsection 13(1) and subsection (35) applies as a consequence.

  • (37) If subsection 13(2) of this Act comes into force before subsection 64(2) of the other Act, then that subsection 64(2) is repealed.

  • (38) If subsection 64(2) of the other Act comes into force before subsection 13(2) of this Act, then that subsection 13(2) is repealed.

  • (39) If subsection 13(2) of this Act comes into force on the same day as subsection 64(2) of the other Act, then that subsection 64(2) is deemed to have come into force before that subsection 13(2) and subsection (38) applies as a consequence.

Marginal note:Bill C-41
  •  (1) Subsections (2) and (3) apply if Bill C-41, introduced in the 3rd session of the 40th Parliament and entitled the Strengthening Military Justice in the Defence of Canada Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If section 5 of this Act comes into force before paragraph 120(d) of the other Act, then that paragraph 120(d) is repealed.

  • (3) If section 5 of this Act comes into force on the same day as paragraph 120(d) of the other Act, then that paragraph 120(d) is deemed to have come into force before that section 5.

COMING INTO FORCE

Marginal note:Order in council

 This Act, other than sections 14 and 15, comes into force on a day to be fixed by order of the Governor in Council.

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