(d) a structured plan for the absence with supervision has been prepared.

1995, c. 42, subpar. 71(a)( xi)(F)

(3) Subsections 116(6) and (7) of the Act are replaced by the following:

Exception

(6) An unescorted temporary absence to participate in a structured program of work in the community or specific personal development program may be authorized for a period not exceeding 60 days and may - with the approval of the Board or Commissioner, or a person designated by name or position by the Commissioner, as the case may be - be renewed for one or more periods not exceeding 60 days each. The number of days authorized under this subsection may not exceed 120 per calendar year.

Absences for other reasons

(7) Unescorted temporary absences for reasons other than those referred to in subsection (3), (4) or (6) may be authorized for a maximum total of 48 hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of 72 hours per month for an offender classified as a minimum security offender.

21. (1) Subsection 117(1) of the Act is repealed.

1995, c. 42, subpar. 71(a)( xii)(F)

(2) Subsection 117(3) of the Act is replaced by the following:

Suspension by institutional head

(3) The institutional head of a penitentiary from which an unescorted temporary absence, that was authorized by the Board, 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.

(3) Subsection 117(4) of the English version of the Act is replaced by the following:

Referral of suspension to Board

(4) An institutional head who suspends an unescorted temporary absence under subsection (3) shall forthwith refer the offender's case to the Board, and the Board shall decide whether the absence should be cancelled.

1995, c. 42, subpar. 71(a)( xiii)(F)

22. Section 118 of the Act is replaced by the following:

Warrant for apprehension and recommitment

118. If an offender is not in custody in a penitentiary or in a hospital referred to in subsection 117(2), the person who cancels an unescorted temporary absence under subsection 116(10), or pursuant to a delegation of power under subsection 117(2), or who suspends an unescorted temporary absence under subsection 117(3) shall cause a warrant to be issued authorizing the apprehension and recommitment to custody of the offender.

1997, c. 17, s. 21(1)

23. Section 119.1 of the Act is replaced by the following:

Time when eligible for day parole - acce lerated review

119.1 Before an offender who is eligible for accelerated day parole review under section 121.1 may be released on day parole, they shall serve the longest of

    (a) six months,

    (b) one half of the period required to be served by the offender to reach their full parole eligibility date, and

    (c) the period that ends one year before their full parole eligibility date.

Definition of ``sentence''

119.2 For the purpose of sections 120 to 120.3 and unless the context requires otherwise, a sentence is one that is not constituted in accordance with subsection 139(1).

1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 1998, c. 35, s. 113(1); 2000, c. 24, ss. 39 and 40

24. Sections 120.1 to 120.3 of the Act are replaced by the following:

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 that was constituted under subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 140.4 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, beginning on 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 that was constituted under subsection 139(1) receives an additional sentence that is 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 to be served consecutively to a portion of the sentence they are serving when the additional sentences are imposed - they are not eligible for full parole until the day that is the latest 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 or sentences are imposed,

    (b) the day on which they have served, beginning on the day on which the additional sentence is imposed - or, if two or more additional sentences are imposed, beginning on the day on which the additional sentences are imposed - the period of ineligibility in respect of the additional sentence or a period equal to the total of the periods of ineligibility of all of the additional sentences, as the case may be, and

    (c) the day on which they have served the period of ineligibility in respect of the sentence that includes, as provided by subsection 139(1), the additional sentence.

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 140.4 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, beginning on 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 140.3(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, beginning on 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.

Maximum period

120.3 Subject to section 745 of the Criminal Code, subsection 140.3(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.

1998, c. 35, s. 115

25. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:

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 140.3(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 140.4 of the National Defence Act, parole may be granted at any time to an offender

(2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following:

Exceptions

(2) Paragraphs (1)(b) to (d) do not apply to an offender who is

26. The Act is amended by adding the following before section 122:

Accelerated review of certain day parole cases

121.1 (1) An offender who is sentenced, committed or transferred to a penitentiary for the first time, other than under an agreement referred to in paragraph 16(1)(b), is eligible for accelerated day parole review, unless the offender is serving

    (a) a sentence for one of the following offences:

      (i) murder,

      (ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

      (iii) an offence set out in Schedule II in respect of which an order has been made under section 743.6 of the Criminal Code,

      (iv) an offence under subsection 82(2) or section 467.11, 467.12 or 467.13 of the Criminal Code or one considered by a court to be a criminal organization offence within the meaning of section 2 of that Act,

      (v) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc., property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (commission of offence for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

      (vi) an offence under section 240 of the Criminal Code,

      (vii) an offence under section 463 of the Criminal Code that was prosecuted by indictment in respect of an offence set out in Schedule I, other than the offence set out in paragraph (1)(q) of that Schedule, or

      (viii) an offence under section 130 of the National Defence Act, if the offence is murder, an offence set out in Schedule I or an offence set out in Schedule II in respect of which an order has been made under section 140.4 of the National Defence Act; or

    (b) a life sentence imposed otherwise than as a minimum punishment.

Application

(2) For greater certainty, this section and subsection 122(1.1)

    (a) apply to an offender who is eligible for accelerated day parole review and who, after being sentenced, committed or transferred to a penitentiary for the first time, is sentenced in respect of an offence - other than one referred to in subsection (1) - that was committed before they were sentenced, committed or transferred to a penitentiary for the first time; and

    (b) do not apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to a penitentiary for the first time, commits an offence under an Act of Parliament for which they receive an additional sentence.

Review by Service

(3) The Service shall review the case and deliver to the Board any information that, in the Service's opinion, is relevant to its review under subsection 122(1.1).

Delegation to provincial authorities

(4) The Service may delegate to the correctional authorities of a province its powers under this section in respect of offenders who are serving their sentences in provincial correctional facilities in that province.

1995, c. 42, par. 69(f)(E)

27. (1) Subsections 122(1) to (3) of the Act are replaced by the following:

Day parole review

122. (1) Subject to subsection 119(2), the Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant day parole, review the case of an offender who applies for a review , other than an offender referred to in subsection (1.1) or (2).

Day parole review - acc elerated

(1.1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant day parole, review the case of every offender who is eligible for accelerated day parole review under section 121.1.

Special cases

(2) The Board may, within the period prescribed by the regulations and for the purpose of deciding whether to grant day parole, review the case of an offender who applies for a review and is serving a sentence of two years or more in a provincial correctional facility in a province where no program of day parole has been established for that category of offender.

Decision or adjournment

(3) During the review, the Board shall decide, based on the criteria set out in section 102 , whether to grant day parole. It 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.

1995, c. 42, s. 36(F)

(2) Subsection 122(5) of the Act is replaced by the following:

Maximum duration

(5) Day parole may be granted to an offender referred to in subsection (1) or (2) for up to six months and, after reviews of the case by the Board, for additional periods of up to six months each.

Maximum duration - ac celerated review

(5.1) Day parole may be granted to an offender referred to in subsection (1.1) for up to six months or, if the period between day parole eligibility and full parole eligibility is longer than six months, until the day on which the offender is eligible for full parole. After reviews of the case by the Board, day parole may be granted for additional periods of up to six months each.

1995, c. 42, par. 69(g)(E)

28. (1) Subsections 123(1) and (2) of the Act are replaced by the following:

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.

(2) Subsection 123(4) of the Act is replaced by the following:

Decision or adjournment

(4) During the review, the Board shall decide, based on the criteria set out in section 102 , whether to grant full parole. It may decide to grant day parole or to adjourn the review for a reason authorized by the regulations and for a reasonable period not exceeding the maximum period prescribed by the regulations.

1995, c. 42, s. 37(2)

(3) The portion of subsection 123(5) of the French version of the Act before paragraph (a) is replaced by the following:

Réexamen

(5) En cas de refus de libération conditionnelle dans le cadre de l'examen visé au paragraphe (1) ou à l'article 122 ou encore en l'absence de tout examen pour les raisons exposées au paragraphe (2), la Commission procède au réexamen dans les deux ans qui suivent la date de la tenue du premier examen en application du présent article ou de l'article 122, ou la date fixée pour cet examen, selon la plus éloignée de ces dates, et ainsi de suite, au cours de chaque période de deux ans, jusqu'au premier en date des événements suivants :