GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 102
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)
Corrections and Conditional Release Act — C-44.6 103
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
Corrections and Conditional Release Act — C-44.6 104
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.
Corrections and Conditional Release Act — C-44.6 105
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)
Corrections and Conditional Release Act — C-44.6 106
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.
Corrections and Conditional Release Act — C-44.6 107
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 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
Corrections and Conditional Release Act — C-44.6 108
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)
Corrections and Conditional Release Act — C-44.6 109
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 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
Corrections and Conditional Release Act — C-44.6 110
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.
Corrections and Conditional Release Act — C-44.6 111
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.
Corrections and Conditional Release Act — C-44.6 112
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)
Corrections and Conditional Release Act — C-44.6 113
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)
Corrections and Conditional Release Act — C-44.6 114
Change of province of residence 114 (1) Subject to any agreement entered into pursuant to this section, an offender who is released on parole in one province and moves to another province remains under the jurisdiction of the board that granted the parole. Federal-provincial agreements (2) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a province for which a provincial parole board has been established for the transfer of jurisdiction in respect of offenders who move to the province after their release by the Board on parole from a provincial correctional facility in another province for which no provincial parole board has been established. Idem (3) The government of a province for which a provincial parole board has been established may enter into an agreement with the Government of Canada for the transfer to the Board of jurisdiction in respect of offenders released on parole by the provincial parole board who move to a province for which no provincial parole board has been established. Interprovincial agreements (4) The governments of provinces may enter into agreements with one another for the transfer of jurisdiction in respect of offenders released on parole by one provincial parole board who move to the territorial jurisdiction of another provincial parole board. Statutory release (5) Subsections (1) to (4) apply, with such modifications as the circumstances require, in respect of offenders released on statutory release.
Corrections and Conditional Release Act — C-44.6 115
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) 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
Corrections and Conditional Release Act — C-44.6 117
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)
Corrections and Conditional Release Act — C-44.6 118
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)
Corrections and Conditional Release Act — C-44.6 119.1
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
Corrections and Conditional Release Act — C-44.6 119.2
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
Corrections and Conditional Release Act — C-44.6 120
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 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
Corrections and Conditional Release Act — C-44.6 120.1
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 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
Corrections and Conditional Release Act — C-44.6 120.2
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 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 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