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Purpose and Principles

Purpose and Principles

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.

– CCRA

Paramount consideration

3.1 The protection of society is the paramount consideration for the Service in the corrections process.

2012, c. 1, s. 54.

– CCRA

Principles that guide Service

4 The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

(a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;

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

(c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act;

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

(e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

(g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;

(h) offenders are expected to obey penitentiary rules and conditions governing temporary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

(i) staff members are properly selected and trained and are 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.

1992, c. 20, s. 4; 1995, c. 42, s. 2(F); 2012, c. 1, ss. 54, 160.

– CCRA

Correctional Plans

Objectives for offender’s behaviour

15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:

(a) the level of intervention in respect of the offender’s needs; and

(b) objectives for

(i) the offender’s behaviour, including

(A) to conduct themselves in a manner that demonstrates respect for other persons and property,

(B) to obey penitentiary rules and respect the conditions governing their conditional release, if any,

(ii) their participation in programs, and

(iii) the meeting of their court-ordered obligations, including restitution to victims or child support.

Maintenance of plan

(2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.

Progress towards meeting objectives

(3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.

2012, c. 1, s. 55.

– CCRA

Incentive measures

15.2 The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.

2012, c. 1, s. 55.

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Security Classification

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).

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.

Subclassification

(3) Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).

Commissioner to give reasons

(4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.

1992, c. 20, s. 30; 2012, c. 1, s. 59.

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PART II - Conditional Release

PART II

Conditional Release, Detention and Long-term Supervision

Interpretation

Definitions

99 (1) In this Part,

Board means the Parole Board of Canada 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 has the same meaning as in Part I; (commissaire)

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

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, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; (semi-liberté)

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)

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

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

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

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 [Intermittent Jail Sentence Orders] of the Criminal Code; (délinquant)

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

parole supervisor has the meaning assigned by the definition staff member in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender; (surveillant de liberté conditionnelle)

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

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

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

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

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

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

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

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

working day has the same meaning as in Part I. (jour ouvrable)

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;

(b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or

(c) any remission that stands to the credit of the offender on November 1, 1992.

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.

1992, c. 20, s. 99; 1995, c. 22, s. 13, c. 42, ss. 26, 69(E), 70(E), 71(F); 1997, c. 17, s. 17; 2002, c. 1, s. 173; 2003, c. 22, s. 155; 2012, c. 1, ss. 70, 160, 197.

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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.

1997, c. 17, s. 18.

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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.

2002, c. 1, s. 174.

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Purpose and Principles

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.

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Paramount consideration

100.1 The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases.

2012, c. 1, s. 71.

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Principles guiding parole boards

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

(a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;

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

(c) parole boards make decisions that are consistent with the protection of society and that are limited to only what is necessary and proportionate to the purpose of conditional release;

(d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and

(e) offenders are 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.

1992, c. 20, s. 101; 2012, c. 1, s. 71.

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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.

1992, c. 20, s. 102; 1995, c. 42, s. 27(F).

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Constitution and Jurisdiction of Board

Board continued

103 The National Parole Board is continued as the Parole Board of Canada and consists of not more than 60 full-time members and a number of part-time members all of whom are appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding 10 years and three years, respectively.

1992, c. 20, s. 103; 1993, c. 34, s. 57(F); 2012, c. 1, s. 73.

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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.

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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.

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.

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.

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.

Policies

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

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.

1992, c. 20, s. 105; 1995, c. 42, s. 71(F).

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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.

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.

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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.

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 [penitentiary for sentences of 2 years or more] 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.

1992, c. 20, s. 107; 1995, c. 22, s. 13, c. 42, ss. 28(E), 70(E), 71(F); 1998, c. 35, s. 110; 2000, c. 24, s. 36; 2004, c. 21, s. 40.

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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).

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.

Complementary legislation

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

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.

1992, c. 20, s. 108; 1995, c. 42, ss. 69(E), 70(E).

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Cancellation or variation of prohibition orders

109 The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 320.24 [mandatory prohibition order] of the Criminal Code  or section 259 of that Act, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, 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.

1992, c. 20, s. 109; 2006, c. 14, s. 8; 2018, c. 21, s. 47.

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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.

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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.

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Constitution and Jurisdiction of Provincial Boards

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.

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.

1992, c. 20, s. 112; 1995, c. 42, ss. 29(F), 69(E).

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{{quotation1|

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.

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.

1992, c. 20, s. 113; 1995, c. 42, s. 30(F). |

Unescorted Temporary Absence

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) {[parole prohibited – young offenders req one-fifth] 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, the longer of

(i) six months, and

(ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

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.

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.

1992, c. 20, s. 115; 1995, c. 42, ss. 31, 71(F); 1997, c. 17, s. 19; 2012, c. 1, s. 74.

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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.

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.

Medical reasons

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

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.

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.

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.

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.

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.

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.

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.

1992, c. 20, s. 116; 1993, c. 34, s. 58(F); 1995, c. 42, ss. 32(F), 71(F).

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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.

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.

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.

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.

1992, c. 20, s. 117; 1995, c. 42, s. 71(F). 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).

1992, c. 20, s. 118; 1995, c. 42, s. 71(F).

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Eligibility for Parole

Time when eligible for day parole

119 (1) Subject to section 746.1 of the Criminal Code, subsection 226.1(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.

Time when eligible for day parole

(1.1) Notwithstanding section 746.1 of the Criminal Code, subsection 226.1(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 226.1(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).

When eligible for day parole — young offender sentenced to life imprisonment

(1.2) Notwithstanding section 746.1 of the Criminal Code, subsection 226.1(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) [parole prohibited – young offenders req one-fifth] of the Criminal Code or to whom that subsection applies pursuant to subsection 226.1(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.

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.

1992, c. 20, s. 119; 1995, c. 22, ss. 13, 18, c. 42, ss. 33, 69(E); 1997, c. 17, s. 20; 1998, c. 35, s. 111; 2000, c. 24, s. 37; 2013, c. 24, s. 127.
[annotation(s) added]

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Definition of sentence

119.1 For the purposes of sections 119.2 to 120.3, and unless the context requires otherwise, sentence means a sentence that is not constituted under subsection 139(1).

1997, c. 17, s. 21; 2011, c. 11, s. 3; 2012, c. 1, s. 75.

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Youth sentence

119.2 For the purposes of sections 120 to 120.3, the eligibility for parole of 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 provincial correctional facility for adults or a penitentiary under section 89, 92 or 93 of that Act shall be determined on the basis of the total of the custody and supervision periods of the youth sentence.

2012, c. 1, s. 75.

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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 226.1(2) of the National Defence Act and to any order made under section 226.2 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.

Life sentence

(2) Subject to any order made under section 743.6 [an order delaying parole eligibility] of the Criminal Code or section 226.2 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.

1992, c. 20, s. 120; 1995, c. 22, s. 13, c. 42, s. 34; 1998, c. 35, s. 112; 2000, c. 24, s. 38; 2013, c. 24, ss. 126, 128.

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Multiple sentences on same day

120.1 (1) A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of

(a) the period of ineligibility in respect of any portion of the sentence constituted under subsection 139(1) that is subject to an order under section 743.6 [an order delaying parole eligibility] of the Criminal Code or section 226.2 of the National Defence Act, and

(b) the period of ineligibility in respect of any other portion of that sentence.

One or more additional consecutive sentences

(2) If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.

Additional sentence to be served consecutively to portion of sentence

(3) Despite subsection (2), if an offender who is serving a sentence or a sentence that was constituted under subsection 139(1) receives an additional sentence or two or more sentences that are to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences including a sentence to be served concurrently with the sentence being served and one or more sentences to be served consecutively to the additional concurrent sentence — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, any remaining period of ineligibility to which they are subject and the longer of the following periods:

(a) one third of the period that equals the difference between the length of the sentence that was constituted under subsection 139(1), including the additional sentence or sentences, and the length of the sentence that they are serving when the additional sentence is or sentences are imposed; or

(b) the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.

1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 2012, c. 1, s. 76; 2013, c. 24, s. 133.

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Additional concurrent sentence

120.2 (1) Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of

(a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and

(b) the day on which they have served

(i) the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 [an order delaying parole eligibility] of the Criminal Code or section 226.2 of the National Defence Act, and

(ii) the period of ineligibility in respect of any other portion of that sentence.

One or more sentences in addition to life sentence

(2) If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility to which they are subject, and

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

Reduction of period of ineligibility for parole

(3) If there has been a reduction — under section 745.6 [application for judicial review of parole ineligibility] of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act — 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 they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

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

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

1995, c. 22, s. 18, c. 42, s. 34; 1997, c. 17, s. 23(F); 1998, c. 35, s. 113; 2000, c. 24, s. 39; 2012, c. 1, s. 76; 2013, c. 24, ss. 127, 128.

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Maximum period

120.3 Subject to section 745 [sentence of life imprisonment] of the Criminal Code, subsection 226.1(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, the day on which an offender is eligible for full parole shall not be later than

(a) in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;

(b) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and

(c) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.

1995, c. 22, s. 18, c. 42, s. 34; 1998, c. 35, s. 114; 2000, c. 24, s. 40; 2012, c. 1, s. 76; 2013, c. 24, s. 127.

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Exceptional cases

121 (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 [an order delaying parole eligibility] of the Criminal Code or section 226.2 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.

Exceptions

(2) Paragraphs (1)(b) to (d) do 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.

1992, c. 20, s. 121; 1995, c. 22, s. 13, c. 42, s. 35; 1998, c. 35, s. 115; 1999, c. 18, s. 86; 2012, c. 1, s. 77; 2013, c. 24, ss. 128, 133.

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Parole Reviews

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).

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.

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.

No application for one year

(4) No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant day parole or cancels or terminates parole.

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.

Withdrawal of application

(6) An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

1992, c. 20, s. 122; 1995, c. 42, ss. 36(F), 69(E); 2012, c. 1, s. 78.

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Full parole review

123 (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review 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.

Waiver of review

(2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.

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.

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.

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.

Further review — Board does not grant parole

(5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

Violent offender

(5.01) Despite subsection (5), if the Board decides not to grant parole to an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — following a review under subsection (1) or section 122, or if a review is not made by virtue of subsection (2), the Board shall conduct another review within five years after the later of the day on which the review took place or was scheduled to take place and thereafter within five years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

Written reasons

(5.02) If the Board decides not to grant parole to an offender referred to in subsection (5.01), it shall provide the offender with written reasons for its decision.

Further review — Board terminates or cancels parole

(5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until

(a) the offender is released on full parole or statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

Violent offender

(5.2) Despite subsection (5.1), if the Board cancels or terminates parole for an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — the Board shall conduct another review within four years after the date of cancellation or termination and, after that date, within five years after the day on which each preceding review takes place until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

No application for one year

(6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant full parole or cancels or terminates parole.

Withdrawal of application

(7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

Definition of offence involving violence

(8) In this section, offence involving violence means murder or any offence set out in Schedule I.

1992, c. 20, s. 123; 1995, c. 42, ss. 37, 69(E); 2012, c. 1, s. 79; 2015, c. 11, s. 2.

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Urine sample positive or not provided

123.1 If an offender has been granted parole under section 122 or 123 but has not yet been released and the offender fails or refuses to provide a urine sample when demanded to provide one under section 54, or provides under that section a urine sample for which the result of the urinalysis is positive, as that term is defined in the regulations, then the Service shall inform the Board of the failure or refusal or the test result.

2015, c. 30, s. 2.

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Offenders unlawfully at large

124 (1) The Board is not required to review the case of an offender who is unlawfully at large during the period prescribed by the regulations for a review under section 122 or 123 but it shall review the case as soon as possible after being informed of the offender’s return to custody.

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.

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.

Cancellation of parole — drug test

(3.1) If the Board is informed of the matters under section 123.1 and the offender has still not yet been released, the Board shall cancel the parole if, in its opinion, based on the information received under that section, the criteria set out in paragraphs 102(a) and (b) are no longer met.

Review

(4) If the Board exercises its power under subsection (3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.

1992, c. 20, s. 124; 1995, c. 42, s. 38; 2011, c. 11, s. 4; 2012, c. 1, s. 80, c. 19, s. 526; 2015, c. 30, s. 3.

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Statutory Release

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.

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.

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.

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).

If 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 is revoked is

(a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or

(b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.

If additional sentence

(5.1) If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence,

(a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and

(b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.

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.

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.

1992, c. 20, s. 127; 1995, c. 42, s. 41; 1999, c. 31, s. 66(E); 2012, c. 1, s. 81.

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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.

2012, c. 1, s. 82.

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Conditions of Release

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).

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.

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 offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

Conditions to protect victim

(3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

Written reasons

(3.2) If a statement referred to in subsection (3.1) has been provided to the releasing authority and the releasing authority decides not to impose any conditions under that subsection, it shall provide written reasons for the decision.

For greater certainty

(3.3) For greater certainty, if no statement has been provided to the releasing authority, nothing in subsection (3.1) precludes the releasing authority from imposing any condition under subsection (3).

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.

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 a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 [instructing commission of offence for criminal organization] of the Criminal Code.

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.

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.

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.

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.

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.

Obligation — removal or variance of condition

(7) Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.

1992, c. 20, s. 133; 1995, c. 42, ss. 48, 71(F); 1997, c. 17, s. 28; 2012, c. 1, s. 86; 2014, c. 21, s. 5; 2015, c. 13, s. 59, c. 30, s. 4.

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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.

(2) [Repealed, 2012, c. 1, s. 87]

1992, c. 20, s. 134; 1995, c. 42, s. 71(F); 1997, c. 17, s. 29; 2012, c. 1, s. 87.

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Merged Sentences

Multiple sentences

139 (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served.

Interpretation

(2) This section does not affect the time of commencement, pursuant to subsection 719(1) [commencement of sentence] of the Criminal Code, of any sentences that are deemed under this section to constitute one sentence.

1992, c. 20, s. 139; 1995, c. 22, s. 18, c. 42, s. 54; 2012, c. 1, s. 95.

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Review Hearings

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 under subsection 123(1) and subsequent reviews under subsection 123(5), (5.01) or (5.1);

(c) a review conducted under section 129 or subsection 130(1) or 131(1) or (1.1);

(d) a review following a cancellation of parole; and

(e) any review of a class specified in the regulations.

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).

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.

Attendance by observers

(4) Subject to subsections (5) and (5.1), 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.

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.

Attendance by victim or member of their family

(5.1) In determining whether to permit a victim or a member of the victim’s family to attend as an observer at a hearing, the Board or its designate shall make every effort to fully understand the need of the victim and of the members of his or her family to attend the hearing and witness its proceedings. The Board or its designate shall permit a victim or a member of his or her family to attend as an observer unless satisfied that the presence of the victim or family member would result in a situation described in paragraph (4)(a), (b), (c) or (d).

Attendance not permitted

(5.2) If the Board or its designate decides under subsection (5.1) to not permit a victim or a member of his or her family to attend a hearing, the Board shall provide for the victim or family member to observe the hearing by any means that the Board considers appropriate.

(6) [Repealed, 2015, c. 13, s. 49]

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).

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.

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).

Presentation of statements

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and

(b) a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.

Consideration of statement

(10.1) The Board shall, in deciding whether an offender should be released and what conditions might be applicable to the release, take into consideration any statement that has been presented in accordance with paragraph (10)(a) or (b).

Forms of statement

(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form prescribed by the regulations.

Communication of statement in writing

(12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

Audio recording

(13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.

Access to information

(14) If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), 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.

1992, c. 20, s. 140; 1995, c. 42, ss. 55, 69(E); 2011, c. 11, s. 6; 2012, c. 1, s. 96, c. 19, s. 527; 2015, c. 11, s. 4, c. 13, s. 49.

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Cancellation of review hearing

140.1 Despite any other provision of this Act, if an offender has, on more than one occasion, refused to attend a review hearing or waived his or her right to a review hearing less than 15 days before the date scheduled for the hearing without providing a reasonable explanation for doing so, the Board may cancel the next review hearing to which the offender would otherwise be entitled to under this Act.

2015, c. 11, s. 5.

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Transcript

140.2 (1) If a transcript of the hearing has been made, the Board shall, on written request and free of charge, provide a copy to the offender and a copy to the victim or a member of the victim’s family. However, the copy provided to the victim or member of the victim’s family shall not include any portion of the transcript of a part of the hearing that, under subsection 140(5), was or would have been continued in the absence of observers or of a particular observer.

Personal information

(2) The Board may delete from a copy of the transcript any personal information about a person other than the offender, the victim or a member of the victim’s family.

Access to information

(3) Information discussed or referred to in the transcript of the hearing are not publicly available for the purposes of the Access to Information Act or the Privacy Act.

2015, c. 11, s. 5.

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Regulations

PART II Conditional Release Application 145 This Part does not apply in respect of provincial parole boards.

Authorization 146 (1) The power of the institutional head, under subsection 116(10) of the Act, to cancel an unescorted temporary absence after its commencement may be exercised by a person responsible for a parole office.

(2) The power of the institutional head, under subsection 117(3) of the Act, to suspend an unescorted temporary absence may be exercised by a person responsible for a parole office.

(3) The duty of the Commissioner, under subsection 129(3) of the Act, to refer a case to the Chairperson of the Board may be exercised by the Senior Deputy Commissioner or, where the Senior Deputy Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Senior Deputy Commissioner.

Number of Members that Constitute a Panel 147 The review of the case of an offender shall be made by a panel that consists of at least one member of the Board if the review involves making a decision respecting

(a) terminating or revoking the parole or statutory release of the offender;

(b) cancelling the suspension, termination or revocation of the parole or statutory release of the offender;

(c) cancelling a decision to authorize the unescorted temporary absence of the offender referred to in paragraph 107(1)(e) of the Act;

(d) confirming the decision to terminate or revoke parole or statutory release of the offender;

(e) cancelling the suspension of the long-term supervision of the offender;

(f) recommending the laying of an information charging the offender with an offence under section 753.3 of the Criminal Code;

(g) imposing conditions on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act,

(i) before or after the release of the offender, in the case of the statutory release or long-term supervision of the offender, or

(ii) after the release of the offender, in the case of a release on parole or on an unescorted temporary absence;

(h) relieving from the compliance with, or varying the application of, the conditions referred to in subsection 133(2) or 134.1(1) of the Act;

(i) removing or varying a condition imposed on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act;

(j) granting parole or cancelling a decision to grant parole to the offender who is serving a sentence of imprisonment of less than two years; and

(k) postponing a review.

SOR/2009-308, s. 1; SOR/2012-234, s. 1. 148 [Repealed, SOR/2012-234, s. 1]

149 [Repealed, SOR/2012-234, s. 1]

150 [Repealed, SOR/2012-234, s. 1]

151 [Repealed, SOR/2012-234, s. 1]

152 The review of an application made by a person pursuant to subsection 140(4) of the Act shall be made by a panel that consists of at least one member of the Board.

153 In all other cases, a review of the case of an offender pursuant to the Act shall be made by a panel that consists of at least two members of the Board.

154 In the case of a panel consisting of more than one member, a decision of the Board in respect of any review of the case of an offender shall be rendered by a majority of the members of the panel but where there is no majority, the case of the offender shall be referred to a new panel of members who were not members of the previous panel.

SOR/2012-234, s. 2. Unescorted Temporary Absences 155 For the purposes of sections 116 and 117 of the Act, the releasing authority may authorize an unescorted temporary absence of an offender

(a) for medical reasons to allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;

(b) for administrative reasons to allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving;

(c) for community service purposes to allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;

(d) for family contact purposes to assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender’s release;

(e) for parental responsibility reasons to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child;

(f) for personal development for rehabilitative purposes to allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, and to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the offender into the community as a law-abiding citizen; and

(g) for compassionate reasons to allow the offender to attend to urgent matters affecting the members of the offender’s immediate family or other persons with whom the offender has a close personal relationship.

156 (1) An offender may apply in writing to the releasing authority for an unescorted temporary absence for a purpose described in section 155.

(2) An application referred to in subsection (1) shall not be submitted prior to the twelve-month period preceding the offender’s eligibility date for unescorted temporary absence.

(3) Subject to subsection (4), the releasing authority shall review the case of an offender who applies for an unescorted temporary absence within six months after receiving the application, but in no case is the releasing authority required to review the case before the two months immediately preceding the offender’s eligibility date for unescorted temporary absence.

(4) The releasing authority may postpone an unescorted temporary absence review with the consent of the offender.

(5) The releasing authority may adjourn an unescorted temporary absence review for a period of not more than two months where the releasing authority requires

(a) further information relevant to the review; or

(b) further time to render a decision.

(6) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender, except an application for an unescorted temporary absence for medical reasons.

Day Parole Reviews 157 (1) Where an offender applies for day parole pursuant to subsection 122(1) or (2) of the Act, the application shall be submitted to the Board not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced.

(2) Subject to subsection (3), the Board shall review the case of an offender who applies, in accordance with subsection (1), for day parole within six months after receiving the application, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for day parole.

(3) The Board may postpone a day parole review with the consent of the offender.

(4) The Board may adjourn a day parole review for a period of not more than two months where the Board requires

(a) further information relevant to the review; or

(b) further time to render a decision.

Full Parole Reviews 158 (1) Subject to subsection (3), the Board shall, pursuant to subsection 123(1) of the Act, review, for the purposes of full parole, the case of an offender within the six months immediately preceding the offender’s eligibility date for full parole.

(2) Subject to subsection (3), the Board shall review, for the purpose of full parole, the case of an offender who applies pursuant to subsection 123(3) or (6) of the Act, within six months after receiving the application, where the application is received not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for full parole.

(3) The Board may postpone a full parole review with the consent of the offender.

(4) The Board may adjourn a full parole review for a period of not more than two months where the Board requires

(a) further information relevant to the review; or

(b) further time to render a decision.

159 [Repealed, SOR/2012-234, s. 3]

Detention during Period of Statutory Release 160 (1) Where the case of an offender is referred to the Board pursuant to subsection 129(2) of the Act or to the Chairperson of the Board pursuant to subsection 129(3) of the Act, the Board shall inform the offender, in writing, of

(a) the referral

(i) five months before the offender’s date for statutory release, where the case is referred to the Board or to the Chairperson of the Board not later than six months before that date, or

(ii) in all other cases, as soon as practicable; and

(b) the date of a review to be held pursuant to subsection 129(5) or 130(1) of the Act as soon as practicable after the date of the review has been set by the Board.

(2) A review of the case of an offender by the Board pursuant to subsection 130(1) of the Act shall be held

(a) not later than three months before the offender’s date for statutory release, where the case of the offender has been referred to the Board or to the Chairperson of the Board at least four months before that date; or

(b) in all other cases, not later than one month after the case has been referred to the Board or to the Chairperson of the Board.

(3) For the purposes of paragraph 130(3.2)(a) of the Act, the Board shall review the order made under paragraph 130(3)(a) of the Act within one month after the day on which the Board is notified that an offender has received an additional sentence referred to in subsection 130(3.2) of the Act.

SOR/96-108, s. 3. Conditions of Release 161 (1) For the purposes of subsection 133(2) of the Act, every offender who is released on parole or statutory release is subject to the following conditions, namely, that the offender

(a) on release, travel directly to the offender’s place of residence, as set out in the release certificate respecting the offender, and report to the offender’s parole supervisor immediately and thereafter as instructed by the parole supervisor;

(b) remain at all times in Canada within the territorial boundaries fixed by the parole supervisor;

(c) obey the law and keep the peace;

(d) inform the parole supervisor immediately on arrest or on being questioned by the police;

(e) at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;

(f) report to the police if and as instructed by the parole supervisor;

(g) advise the parole supervisor of the offender’s address of residence on release and thereafter report immediately

(i) any change in the offender’s address of residence,

(ii) any change in the offender’s normal occupation, including employment, vocational or educational training and volunteer work,

(iii) any change in the domestic or financial situation of the offender and, on request of the parole supervisor, any change that the offender has knowledge of in the family situation of the offender, and

(iv) any change that may reasonably be expected to affect the offender’s ability to comply with the conditions of parole or statutory release;

(h) not own, possess or have the control of any weapon, as defined in section 2 [general Code definitions] of the Criminal Code, except as authorized by the parole supervisor; and

(i) in respect of an offender released on day parole, on completion of the day parole, return to the penitentiary from which the offender was released on the date and at the time provided for in the release certificate.

(2) For the purposes of subsection 133(2) of the Act, every offender who is released on unescorted temporary absence is subject to the following conditions, namely, that the offender

(a) on release, travel directly to the destination set out in the absence permit respecting the offender, report to a parole supervisor as directed by the releasing authority and follow the release plan approved by the releasing authority;

(b) remain in Canada within the territorial boundaries fixed by the parole supervisor for the duration of the absence;

(c) obey the law and keep the peace;

(d) inform the parole supervisor immediately on arrest or on being questioned by the police;

(e) at all times carry the absence permit and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;

(f) report to the police if and as instructed by the releasing authority;

(g) return to the penitentiary from which the offender was released on the date and at the time provided for in the absence permit;

(h) not own, possess or have the control of any weapon, as defined in section 2 [general Code definitions] of the Criminal Code, except as authorized by the parole supervisor.

162 (1) Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decision

(a) in the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;

(b) in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; and

(c) in the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.

(2) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.

162.1 If the Service demands that an offender wear a monitoring device in order to monitor their compliance with a condition set out in subsection 57.1(1) of the Act, the Service is to inform the offender of the duration of the requirement.

SOR/2015-141, s. 1. 162.2 For the purposes of subsection 57.1(2) of the Act, the prescribed official is a monitoring device coordinator.

SOR/2015-141, s. 1. 162.3 If an offender makes representations regarding the duration of the requirement referred to in subsection 57.1(2) of the Act, the monitoring device coordinator is to review the representations and confirm or vary the duration of the requirement.

SOR/2015-141, s. 1. 162.4 The Commissioner is authorized to make rules, by Commissioner’s Directive, regarding the consequences of tampering with or refusing to wear a monitoring device.

SOR/2015-141, s. 1. Cancellation, Suspension, Termination and Revocation of Release 163 (1) Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.

(2) Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

(3) Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender’s request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.

(4) Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

SOR/96-108, s. 4. Review by Way of Hearing 164 (1) Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.

(2) Where the Board’s approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.

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.

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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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