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(4) Subsection 123(6) of the Act is
replaced by the following:
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Further
review if
Board
terminates or
cancels parole
|
(5.1) If the Board reviews a case and 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
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No further
application
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(6) If , following a review, the Board
decides not to grant full parole or decides to
cancel or terminate parole , no further
application for full parole may be made until
six months after the decision or until any
earlier time that the regulations prescribe or
the Board determines.
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29. (1) Subsection 124(1) of the Act is
replaced by the following:
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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 within the period prescribed by the
regulations for a review under section 122 or
123, but shall review the case as soon as
possible after being informed of the offender's
return to custody.
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(2) Subsection 124(3) of the English
version of the Act is replaced by the
following:
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Cancellation
of parole
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(3) If an offender has been granted parole,
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
they have been released.
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1995, c. 42,
ss. 39 and 40;
1997, c. 17,
ss. 24 and 25;
1999, c. 5,
ss. 50 and 53;
2001, c. 41,
s. 90
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30. The heading before section 125 and
sections 125 to 126.1 of the Act are repealed.
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1995, c. 42,
s. 41
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31. Subsection 127(5) of the Act is
replaced by the following:
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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
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If additional
sentence
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(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,
beginning on 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,
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32. The Act is amended by adding the
following after section 127:
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Review by
Service before
statutory
release
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127.1 Before the day on which an offender
is entitled to be released on statutory release,
the Service shall review the case and may
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2001, c. 27,
s. 242
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33. Subsections 128(3) and (4) of the Act
are replaced by the following:
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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.
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Removal
order
|
(4) Despite this Act, the Prisons and
Reformatories Act or 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.
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1995, c. 42,
s. 44(2); 1998,
c. 35, s. 117
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34. (1) Subsections 129(1) and (2) of the
Act are replaced by the following:
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Referral of
certain cases
to Board
|
129. (1) More than six months before the
day on which an offender is entitled to be
released on statutory release, the Service shall
refer the case to the Board - and shall
provide to the Board any information that, in
the Service's opinion, is relevant to the
case - if the Service is of the opinion that
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1995, c. 42,
ss. 44(3) and
(4)
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(2) Subsection 129(3) of the Act is
replaced by the following:
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Referral of
cases to
Chairperson
of Board
|
(3) If the Commissioner believes on
reasonable grounds that an offender is likely,
before the expiration of the sentence
according to law, to commit an offence
causing death or serious harm to another
person, a sexual offence involving a child or
a serious drug offence, the Commissioner
shall refer the case to the Chairperson of the
Board together with all the information in the
possession of the Service that, in the
Commissioner's opinion, is relevant to the
case, as soon as practicable after forming that
belief. The referral must be made more than
six months before the offender's statutory
release date unless
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(3) Subsection 129(4) of the Act is
replaced by the following:
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Request for
information
by Board
|
(4) At the request of the Board, the Service
shall take all reasonable steps to provide the
Board with any additional information that is
relevant to a case referred to it under
subsection (1) or (3).
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(4) Paragraph (a) of the definition
``sexual offence involving a child'' in
subsection 129(9) of the Act is amended by
adding the following after subparagraph
(iv):
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1995, c. 42,
s. 45(1)
|
35. (1) Subsection 130(1) of the Act is
replaced by the following:
|
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Review by
Board of cases
referred
|
130. (1) If the case of an offender is referred
to the Board by the Service under subsection
129(1) , or to the Chairperson of the Board by
the Commissioner under subsection 129(3) or
(3.1), the Board shall, subject to subsections
129(5) to (7), at the times and in the manner
prescribed by the regulations, inform the
offender of the referral and the review and
review the case. The Board shall cause all
inquiries to be conducted in connection with
the review that it considers necessary.
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1995, c. 42,
s. 45(3)
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(2) Subsection 130(5) of the Act is
replaced by the following:
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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, administrative or
compassionate reasons.
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36. The Act is amended by adding the
following before section 133:
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Recommendat
ion re
conditions of
statutory
release
|
132.1 If, after a review under section 127.1,
the Service decides to recommend that the
Board impose conditions on the statutory
release under subsection 133(3) or (4.1), it
shall provide to the Board the details of those
conditions and any other information that, in
the opinion of the Service, is relevant.
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1995, c. 42,
s. 48(1)
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37. Subsection 133(4.1) of the Act is
replaced by the following:
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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 of the Criminal Code.
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1995, c. 42,
s. 50(2)
|
38. (1) Subsection 135(2) of the Act is
replaced by the following:
|
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Automatic
suspension of
parole or
statutory
release
|
(1.1) If an offender who is on parole or
statutory release receives an additional
sentence, other than a conditional sentence
under section 742.1 of the Criminal Code that
is being served in the community or an
intermittent sentence under section 732 of that
Act, for an offence under an Act of Parliament,
their parole or statutory release, as the case
may be, is suspended on the day on which the
additional sentence is imposed.
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Apprehension
and
recommitment
|
(1.2) If an offender's parole or statutory
release is suspended under subsection (1.1), a
member of the Board or a person designated,
by name or position, by the Chairperson of the
Board or the Commissioner may, by warrant,
authorize the offender's apprehension and
recommitment to custody until
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Transfer of
offender
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(2) A person designated under subsection
(1) may, by warrant, order the transfer to a
penitentiary of an offender who is
recommitted to custody under subsection (1)
or (1.2) or as a result of an additional sentence
referred to in subsection (1.1) in a place other
than a penitentiary.
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1995, c. 42,
s. 50(3)
|
(2) The portion of subsection 135(3) of the
Act before paragraph (a) is replaced by the
following:
|
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Cancellation
of suspension
or referral
|
(3) Subject to subsection (3.1) , the person
who signs a warrant under subsection (1) or
any other person designated under that
subsection shall, forthwith after the
recommitment of the offender, review the
offender's case and
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(3) Section 135 of the Act is amended by
adding the following after subsection (3):
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Referral to
Board - addi
tional
sentence
|
(3.1) If an offender's parole or statutory
release is suspended under subsection (1.1), or
if an offender whose parole or statutory
release is suspended under subsection (1)
receives an additional sentence referred to in
subsection (1.1), the suspension may not be
cancelled and the case shall be referred to the
Board by a person designated by name or
position by the Commissioner, together with
an assessment of the case, within the
applicable number of days set out in
subsection (3).
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1995, c. 42,
ss. 50(4) and
(5)
|
(4) Subsection 135(5) of the Act is
replaced by the following:
|
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Review by
Board - two
years or more
|
(5) The Board shall, on the referral to it of
the case of an offender serving a sentence of
two years or more, review the case and, within
the period prescribed by the regulations,
unless the Board adjourns the hearing - or a
member of the Board or a person designated,
by name or position, by the Chairperson
postpones the review - at the offender's
request,
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(5) Section 135 of the Act is amended by
adding the following after subsection (6.1):
|
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If parole
eligibility date
in future
|
(6.2) If the Board cancels a suspension of
parole under subsection (5) and the day on
which the offender is eligible for parole,
determined in accordance with any of sections
119 to 120.3, is later than the day on which the
parole suspension is cancelled, the day or full
parole is, subject to subsection (6.3), resumed
on the day parole eligibility date or the full
parole eligibility date, as the case may be.
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Cancellation
of
parole - paro
le eligibility
date in future
|
(6.3) If an offender's parole is to resume
under subsection (6.2), the Board
may - before the parole resumes and after a
review of the case based on information that
could not reasonably have been provided to it
at the time the parole suspension was
cancelled - cancel the parole or, if the
offender has been released, terminate the
parole.
|
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Review
|
(6.4) If the Board exercises its power under
subsection (6.3) 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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1995, c. 22,
s. 18 (Sch. IV,
item 19),
c. 42, s. 50(7);
1997, c. 17,
s. 32.1
|
(6) Subsections 135(9.1) to (9.5) are
replaced by the following:
|
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Non-
application of
subsection
(1.1)
|
(9.1 ) Unless the lieutenant governor in
council of a province in which there is a
provincial parole board makes a declaration
under subsection 113(1) that subsection (1.1)
applies in respect of offenders under the
jurisdiction of that provincial parole board,
subsection (1.1) does not apply in respect of
such offenders, other than an offender who
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Parole
inoperative
|
(9.2 ) If an offender to whom subsection
(1.1) does not apply, and who is on parole that
has not been revoked or terminated, receives
an additional sentence, for an offence under an
Act of Parliament, that is to be served
consecutively with the sentence the offender
was serving when the additional sentence was
imposed, the parole becomes inoperative and
the offender shall be reincarcerated until the
day on which the offender has served, from the
day on which the additional sentence was
imposed, the period of ineligibility in relation
to the additional sentence. On that day, the
parole is resumed, subject to the provisions of
this Act, unless, before that day, the parole has
been revoked or terminated.
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1997, c. 17,
s. 33
|
39. The portion of subsection 135.1(6) of
the Act before paragraph (c) is replaced by
the following:
|
|
Review by
Board
|
(6) The Board shall, on the referral to it of
the case of an offender, review the case and,
before the end of the period referred to in
subsection (2) ,
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1997, c. 17,
s. 33
|
40. Section 136 of the Act is replaced by
the following:
|
|
Warrant for
apprehension
and
recommitment
|
136. A member of the Board or a person
designated, by name or position, by the
Chairperson of the Board or the
Commissioner may, by warrant, authorize an
offender's apprehension and recommitment
to custody if
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