PART IIConditional Release (continued)
Dispensing with a Hearing
165 Subsection 140(3) of the Act respecting reviews that the Board may conduct without a hearing applies
(a) [Repealed, SOR/2012-234, s. 4]
(b) in respect of a review for day parole, to an offender serving a sentence of imprisonment of less than two years; and
(c) in respect of a review for full parole, to an offender who has been released on day parole at the time of the review.
- SOR/2012-234, s. 4
Records of Reviews and Decisions
166 (1) Where the Board conducts a review of the case of an offender by way of hearing, it shall maintain a record of the proceedings until the expiration of the offender’s sentence according to law.
(2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall
(a) maintain a copy of the decision and the reasons for the decision until the expiration of the offender’s sentence; and
(b) provide the offender with a copy of the decision, including the reasons for the decision, within 15 days after the day on which it was made.
Access to the Registry of Decisions for Research Purposes
167 (1) A person who is requesting, pursuant to subsection 144(3) of the Act, access to the registry of decisions of the Board for research purposes shall apply in writing to the Board and provide a written description of the nature of the information and the classes of decisions in respect of which access is sought.
(2) Subject to subsection (3), where the conditions set in subsection (1) have been complied with, the Board shall allow the person to have access to the registry within one month after receiving the application.
(3) The Chairperson of the Board may extend the time limit set out in subsection (2) where, having regard to all of the circumstances,
(a) access is requested to such a large number of decisions or necessitates a search in such a large number of decisions that the time set out in subsection (2) is unreasonable; or
(b) consultations are necessary and require a longer period of time before the Board may adequately respond to the request.
(4) Where a longer period of time is required by the Board pursuant to subsection (3), it shall inform the person who is requesting access of the reasons for the extension within one month after receiving the application.
Appeals to Appeal Division
168 For the purposes of subsection 147(3) of the Act, an offender or a person acting on behalf of an offender may appeal a decision of the Board to the Appeal Division by sending a written notice to the Board stating the grounds on which the appeal is made and providing the information and material in support of the grounds of appeal, within two months after the decision of the Board.
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