This enactment amends the Criminal Code and the Corrections and Conditional Release Act to create a new offence for the breach of conditions of conditional release imposed in relation to certain serious offences and to require the reporting of those breaches to the appropriate authorities.

It also amends the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Failure to comply with a condition

(5.‍1) Every person who is released on conditional release in relation to a conviction for an offence set out in Schedule I or II of the Corrections and Conditional Release Act and who fails or refuses to comply, without reasonable excuse, with a condition of parole or statutory release or a condition of a temporary absence is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

• (b) an offence punishable on summary conviction.

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• (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;

• (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that

  • (i) resulted in bodily harm,

  • (ii) involved the import, export, trafficking or production of drugs, or

  • (iii) involved the use of a weapon; and

• (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:

  • (i) section 144 (prison breach),

  • (ii) section 264 (criminal harassment),

  • (iii) section 271 (sexual assault),

  • (iv) section 279 (kidnapping),

  • (v) section 279.‍02 (material benefit — trafficking),

  • (vi) section 281 (abduction of person under age of 14),

  • (vii) section 333.‍1 (motor vehicle theft),

  • (viii) paragraph 334(a) (theft over $5,000 or testamentary instrument),

  • (ix) paragraph 348(1)‍(e) (breaking and entering a place other than a dwelling-house),

  • (x) section 349 (being unlawfully in a dwelling-house), and

  • (xi) section 435 (arson for fraudulent purpose).

Parole supervisor

134.‍3 If it comes to the knowledge of a parole supervisor that an offender who is released on conditional release or under a long-term supervision order in relation to a conviction for an offence set out in Schedule I or II has committed a breach of a condition of parole or statutory release, a condition of a long-term supervision order issued under the Criminal Code, a condition referred to in section 134.‍1 or a condition of a temporary absence, the parole supervisor shall inform the Parole Board of Canada and the Service, and the Attorney General and police force that have jurisdiction in the place in which the breach of the condition occurred, of the breach and the circumstances surrounding the breach.