GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 120.3
Maximum period 120.3 Subject to section 745 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
Corrections and Conditional Release Act — C-44.6 121
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 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
Corrections and Conditional Release Act — C-44.6 122
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
Corrections and Conditional Release Act — C-44.6 123
 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
Corrections and Conditional Release Act — C-44.6 123.1
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
Corrections and Conditional Release Act — C-44.6 124
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 can- cel 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
Corrections and Conditional Release Act — C-44.6 127
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
Corrections and Conditional Release Act — C-44.6 127.1
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
Corrections and Conditional Release Act — C-44.6 128
Continuation of sentence 128 (1) An offender who is released on parole, statutory release or unescorted temporary absence continues, while entitled to be at large, to serve the sentence until its expiration according to law. Freedom to be at large (2) Except to the extent required by the conditions of any day parole, an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release or unescorted temporary absence is suspended, cancelled, terminated or revoked. Sentence deemed to be completed (3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 of the Extradition Act , the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law. Removal order (4) Despite this Act, the Prisons and Reformatories Act and the Criminal Code , an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole. Parole inoperative where parole eligibility date in future (5) If, before the full parole eligibility date, a removal order is made under the Immigration and Refugee Protection Act against an offender who has received day parole or an unescorted temporary absence, on the day that the removal order is made, the day parole or unescorted temporary absence becomes inoperative and the offender shall be reincarcerated. Exception (6) An offender referred to in subsection (4) is eligible for day parole or an unescorted temporary absence if the removal order is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act . Exception (7) Where the removal order of an offender referred to in subsection (5) is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act on a day prior to the full parole eligibility of the offender, the unescorted temporary absence or day parole of that offender is resumed as of the day of the stay. 1992, c. 20, s. 128; 1995, c. 42, ss. 42, 69(E), 71(F); 1999, c. 18, s. 87; 2001, c. 27, s. 242; 2012, c. 1, s. 83
Corrections and Conditional Release Act — C-44.6 129
stitution of person under 18 years), and (ii) subsection 212(4) (prostitution of person under 18 years); (c) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely, (i) section 146 (sexual intercourse with a female under 14), (ii) section 151 (seduction of a female between 16 and 18), and (iii) section 167 (householder permitting defilement); (d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely, (i) section 153 (sexual intercourse with step-daughter), (ii) section 155 (buggery or bestiality), (iii) section 157 (gross indecency), and (iv) section 166 (parent or guardian procuring defilement); or (e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely, (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), and (iv) section 156 (indecent assault on male). ( infraction d’ordre sexuel à l’égard d’un enfant ) Determination of likelihood of offence (10) In determining whether an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, it is not necessary to determine whether the offender is likely to commit any particular offence. 1992, c. 20, s. 129; 1995, c. 42, s. 44; 1998, c. 35, s. 117; 2012, c. 1, s. 84; 2014, c. 25, s. 41 2019, c. 25, s. 394 2024, c. 23, s. 12
Corrections and Conditional Release Act — C-44.6
serious drug offence means an offence set out in Schedule II; ( infraction grave en matière de drogue )
Corrections and Conditional Release Act — C-44.6 130
ct to review under paragraph (3.2)(a), has been made is not entitled to be released on statutory release before the Board renders its decision under subsection (3.3) in relation to the order. Special order by Board (4) Where the Board is not satisfied as provided in subsection (3) but is satisfied that (a) at the time the case was referred to it, the offender was serving a sentence that included a sentence for an offence set out in Schedule I or II, or for an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act , and (b) in the case of an offence set out in Schedule I or an offence set out in Schedule I that is punishable under section 130 of the National Defence Act , the commission of the offence caused the death of, or serious harm to, another person or the offence was a sexual offence involving a child, it may order that if the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law. Temporary absence with escort (5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons. Where order for release revoked (6) Where an offender is ordered under subsection (3) or paragraph (3.3)(b) not to be released and is subsequently released pursuant to an order made under subparagraph 131(3)(a)(ii) or (iii) and the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law. (7) [Repealed, 1995, c. 42, s. 45] 1992, c. 20, s. 130; 1995, c. 42, s. 45; 1997, c. 17, s. 26(F); 1998, c. 35, s. 118; 2012, c. 1, s. 85
Corrections and Conditional Release Act — C-44.6 131
Annual review of orders 131 (1) The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order. Schedule I offence (1.1) Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order. Board to inquire (2) The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order. Board’s powers on review (3) The Board, on completing a review under subsection (1), shall (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b), (i) confirm the order, (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or (iii) order the statutory release of the offender without such a residence requirement; or (b) with respect to an order made under subparagraph (3)(a)(ii), (i) confirm or modify the order, or (ii) order the statutory release of the offender without such a residence requirement. Consent of Commissioner (4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner. Designation (5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii). 1992, c. 20, s. 131; 1995, c. 42, s. 46; 1997, c. 17, s. 27; 2015, c. 11, s. 3
Corrections and Conditional Release Act — C-44.6 132
r the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including (a) a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular, (i) the number of drug-related offences committed by the offender, (ii) the seriousness of the offence for which the sentence is being served, (iii) the type and quantity of drugs involved in any offence committed by the offender, (iv) reliable information demonstrating that the offender remains involved in drug-related activities, and (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour; (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender; (c) reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law. 1992, c. 20, s. 132; 1995, c. 42, s. 47
Corrections and Conditional Release Act — C-44.6 133
) 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
Corrections and Conditional Release Act — C-44.6 134
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