Temporary
accommodati
on in
penitentiary
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94. (1) At the request of a person who has
been released from penitentiary on parole or
statutory release, or who is entitled to be
released from penitentiary on statutory
release, the institutional head may allow the
person to stay temporarily in the penitentiary
in order to assist that person's rehabilitation,
but such a temporary stay may not extend
beyond the expiration of the person's
sentence.
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(2) Section 94 of the Act is amended by
adding the following after subsection (2):
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Continuation
of parole or
statutory
release
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(3) Notwithstanding subsection (2), the
parole or statutory release, as the case may be,
of a person staying temporarily in a
penitentiary pursuant to subsection (1) is
deemed to be in force and subject to the
provisions of this Act.
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25. (1) Paragraph 96(d) of the French
version of the Act is replaced by the
following:
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(2) Paragraph 96(m) of the Act is
replaced by the following:
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(3) Paragraph 96(o) of the Act is replaced
by the following:
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(4) Paragraph 96(z.2) of the Act is
replaced by the following:
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26. (1) The definition ``Board'' in
subsection 99(1) of the Act is replaced by the
following:
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``Board'' « Commission »
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``Board'' means the National Parole Board
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;
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(2) Subsection 99(1) of the Act is amended
by adding the following in alphabetical
order:
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``sentence'' « peine ... »
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``sentence'' has the same meaning as in Part I;
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``working
day'' « jour ouvrable »
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``working day'' means a day on which offices
of the public service of Canada are
generally open in the province in question.
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27. Section 102 of the French version of
the Act is replaced by the following:
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Critères
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102. La Commission et les commissions
provinciales peuvent autoriser la libération
conditionnelle si elles sont d'avis qu'une
récidive du délinquant avant l'expiration
légale de la peine qu'il purge ne présentera pas
un risque inacceptable pour la société et que
cette libération contribuera à la protection de
celle-ci en favorisant sa réinsertion sociale en
tant que citoyen respectueux des lois.
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28. Subparagraphs 107(1)(e)(i) and (ii) of
the English version of the Act are replaced
by the following:
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29. Subsection 112(1) of the French
version of the Act is replaced by the
following:
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Compétence
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112. (1) La commission provinciale a,
conformément à la présente partie,
compétence en matière de libération
conditionnelle des délinquants purgeant une
peine d'emprisonnement dans un
établissement correctionnel provincial, à
l'exception de ceux qui ont été condamnés à
l'emprisonnement à perpétuité comme peine
minimale, qui ont bénéficié d'une
commutation de la peine de mort en
emprisonnement à perpétuité ou qui purgent
une peine d'emprisonnement pour une
période indéterminée.
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30. Subsection 113(1) of the French
version of the Act is replaced by the
following:
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Adoption par
renvoi
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113. (1) Le lieutenant-gouverneur en
conseil peut, par décret, déclarer que les
dispositions de la présente partie qui ne
s'appliquent pas par ailleurs aux commissions
provinciales s'appliquent, en tout ou en partie,
à la commission provinciale qui a été instituée
dans sa province et aux délinquants qui en
relèvent.
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31. The portion of subsection 115(1) of the
Act before paragraph (c) is replaced by the
following:
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Minimum
time to be
served
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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
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32. Paragraphs 116(1)(a) and (b) of the
French version of the Act are replaced by
the following:
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33. Section 119 of the Act is amended by
adding the following after subsection (1):
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Idem
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(1.1) Notwithstanding section 747 of the
Criminal Code, in the circumstances
described in subsection 120.2(2) or (3), an
offender shall not be released on day parole
until three years before the day that is
determined in accordance with that
subsection.
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34. Section 120 of the Act is replaced by
the following:
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Time when
eligible for
full parole
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120. (1) Subject to sections 747 and 761 of
the Criminal Code and to any order made
under section 741.2 of that 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.
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Life sentence
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(2) Subject to any order made under section
741.2 of the Criminal Code, 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.
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Additional
consecutive
sentence
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120.1 (1) Where an offender who is serving
a sentence receives an additional sentence that
is to be served consecutively to the sentence
the offender was serving when the additional
sentence was imposed, the offender is not
eligible for full parole until the day on which
the offender has served, commencing on the
day on which the additional sentence was
imposed,
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Additional
sentence to be
served
consecutively
to a portion of
the sentence
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(2) Notwithstanding subsection (1), where
an offender who is serving a sentence receives
an additional sentence that is to be served
consecutively to a portion of the sentence the
offender was serving when the additional
sentence was imposed, the offender is not
eligible for full parole until the day that is the
latest of
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Additional
concurrent
sentence
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120.2 (1) Subject to subsection (2), where
an offender who is serving a sentence receives
an additional sentence that is to be served
concurrently with any portion of the sentence
the offender was serving when the additional
sentence was imposed, the offender is not
eligible for full parole until the day that is the
later of
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Where
sentence in
addition to
life sentence
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(2) Where an offender who is sentenced to
life imprisonment or for an indeterminate
period receives an additional sentence for a
determinate period, the offender is not eligible
for full parole until the day on which the
offender has served, commencing on the day
on which the additional sentence was
imposed,
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Where
reduction of
period of
ineligibility
for parole
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(3) Where, pursuant to section 745 of the
Criminal Code, there has been a reduction 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 the
offender has served, commencing on the day
on which the additional sentence was
imposed,
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Maximum
period
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120.3 Subject to section 742 of the Criminal
Code, where an offender who is serving a
sentence receives an additional sentence, the
day on which the offender is eligible for full
parole shall not be later than the day on which
the offender has served fifteen years from the
day on which the last of the sentences was
imposed.
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35. (1) The portion of subsection 121(1) of
the Act before paragraph (a) is replaced by
the following:
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Exceptional
cases
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121. (1) Subject to section 102 and
notwithstanding sections 119 to 120.3 or any
order made under section 741.2 of the
Criminal Code, parole may be granted at any
time to an offender
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(2) Paragraphs 121(2)(a) and (b) of the
English version of the Act are replaced by
the following:
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36. Subsection 122(5) of the French
version of the Act is replaced by the
following:
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Durée
maximale
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(5) La semi-liberté est accordée pour une
période maximale de six mois; elle peut être
prolongée pour des périodes additionnelles
d'au plus six mois chacune après réexamen du
dossier.
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37. (1) Subsection 123(3) of the Act is
replaced by the following:
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Review by
Board
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(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.
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Short
sentences
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(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.
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(2) The portion of subsection 123(5) of the
Act before paragraph (c) is replaced by the
following:
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Further
review
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(5) Where the Board decides not to grant
parole following a review pursuant to section
122 or subsection (1) or a review is not made
by virtue of subsection (2), the Board shall
conduct another review within two years after
the later of
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and thereafter within two years after the date
on which each preceding review under this
section or section 122 took place or was
scheduled to take place, until
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38. Section 124 of the Act is amended by
adding the following after subsection (3):
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Review
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(4) Where the Board exercises its power
under subsection (3) in the absence of a
hearing, it shall, within the period prescribed
by the regulations, review and either confirm
or cancel its decision.
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39. Subsection 125(1) of the Act is
replaced by the following:
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Application
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125. (1) This section and section 126 apply
to an offender sentenced, committed or
transferred to penitentiary for the first time,
otherwise than pursuant to an agreement
entered into under paragraph 16(1)(a), other
than an offender
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Idem
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(1.1) For greater certainty, this section and
section 126
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