(4) Subsection 123(6) of the Act is replaced by the following:

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

    (a) the offender is released on full parole or 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 further application

(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.

29. (1) Subsection 124(1) of the Act is replaced by the following:

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.

(2) Subsection 124(3) of the English version of the Act is replaced by the following:

Cancellation of parole

(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.

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

30. The heading before section 125 and sections 125 to 126.1 of the Act are repealed.

1995, c. 42, s. 41

31. Subsection 127(5) of the Act is replaced by the following:

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

    (a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or

    (b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence - including the additional sentence - that begins on the day on which they are recommitted and ends on the day on which the sentence expires.

If additional sentence

(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,

    (a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and

    (b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.

32. The Act is amended by adding the following after section 127:

Review by Service before statutory release

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

    (a) refer it to the Board under subsection 129(1);

    (b) recommend that the Commissioner refer it to the Chairperson of the Board under subsection 129(3); or

    (c) recommend that the Board impose conditions on the statutory release under subsection 133(3) or (4.1).

2001, c. 27, s. 242

33. Subsections 128(3) and (4) of the Act are replaced by the following:

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 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.

1995, c. 42, s. 44(2); 1998, c. 35, s. 117

34. (1) Subsections 129(1) and (2) of the Act are replaced by the following:

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

    (a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,

      (i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender's sentence according to law, or

      (ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender's sentence according to law; or

    (b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act , there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender's sentence according to law.

1995, c. 42, ss. 44(3) and (4)

(2) Subsection 129(3) of the Act is replaced by the following:

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

    (a) the Commissioner formed that belief on the basis of the offender's behaviour or information obtained during those six months; or

    (b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.

(3) Subsection 129(4) of the Act is replaced by the following:

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).

(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):

        (iv.1) section 163.1 (child pornography),

1995, c. 42, s. 45(1)

35. (1) Subsection 130(1) of the Act is replaced by the following:

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.

1995, c. 42, s. 45(3)

(2) Subsection 130(5) of the Act is replaced by the following:

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.

36. The Act is amended by adding the following before section 133:

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.

1995, c. 42, s. 48(1)

37. Subsection 133(4.1) of the Act is replaced by the following:

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.

1995, c. 42, s. 50(2)

38. (1) Subsection 135(2) of the Act is replaced by the following:

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.

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

    (a) the suspension is cancelled;

    (b) the parole or statutory release is terminated or revoked; or

    (c) the sentence expires according to law.

Transfer of offender

(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.

1995, c. 42, s. 50(3)

(2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following:

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

(3) Section 135 of the Act is amended by adding the following after subsection (3):

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).

1995, c. 42, ss. 50(4) and (5)

(4) Subsection 135(5) of the Act is replaced by the following:

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,

    (a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,

      (i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender's control, and

      (ii) revoke it in any other case;

    (b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and

    (c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release .

(5) Section 135 of the Act is amended by adding the following after subsection (6.1):

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.

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.

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.

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:

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

    (a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or

    (b) as a result of receiving an additional sentence referred to in subsection (1.1) , is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.

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.

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) ,

    (a) cancel the suspension, if the Board is satisfied that, in view of the offender's behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or

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