Skip to main content
;

Bill C-45

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF


    (b) in the case of an offence set out in Schedule I, the commission of the offence caused the death of, or serious harm to, another person or the offence was a sexual offence involving a child,

(3) Subsections 130(5) to (7) of the Act are replaced by the following:

Order not to be released

(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 under this Act except on a temporary absence with escort for medical purposes under Part I.

Where order for release revoked

(6) Where an offender is ordered under subsection (3) or paragraph (3.3)(b) not to be released and is subsequently released pursuant to an order made under subparagraph 131(3)(a)(ii) or (iii) and the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender's sentence according to law.

46. (1) Paragraphs 131(3)(a) and (b) of the Act are replaced by the following:

    (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),

      (i) confirm the order,

      (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is statisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or

      (iii) order the statutory release of the offender without such a residence requirement; or

    (b) with respect to an order made under subparagraph (3)(a)(ii),

      (i) confirm or modify the order, or

      (ii) order the statutory release of the offender without such a residence requirement.

(2) Section 131 of the Act is amended by adding the following after subsection (3):

Consent of Commissioner

(4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated by the Commissioner.

Designation

(5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).

47. (1) Subparagraph 132(1)(a)(i) of the French version of the Act is replaced by the following:

      (i) le nombre d'infractions antérieures ayant causé un dommage corporel ou moral,

(2) Subparagraph 132(1)(a)(iii) of the Act is replaced by the following:

      (iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,

(3) Section 132 of the Act is amended by adding the following after subsection (1):

Idem

(1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender's sentence according to law, including

    (a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,

      (i) the number of sexual offences involving a child committed by the offender,

      (ii) the seriousness of the offence for which the sentence is being served,

      (iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,

      (iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and

      (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour;

    (b) reliable information about the offender's sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender's sentence according to law;

    (c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;

    (d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and

    (e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender's sentence according to law.

48. (1) Section 133 of the Act is amended by adding the following after subsection (4):

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 in a psychiatric facility, where the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I before the expiration of the offender's sentence according to law.

Definition of ``community- based residential facility''

(4.2) In subsection (4.1), ``community-based residential facility'' includes a community correctional centre but does not include any other penitentiary.

Not necessary to determine particular offence

(4.3) For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.

Consent of commissioner

(4.4) A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated by the Commissioner.

(2) Subsection 133(5) of the English version of the Act is replaced by the following:

Duration of conditions

(5) A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.

(3) Paragraph 133(6)(b) of the English version of the Act is replaced by the following:

    (b) in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.

49. The heading before section 135 of the Act is replaced by the following:

Suspension, Termination, Revocation and Inoperativeness of Parole or Statutory Release

50. (1) The portion of subsection 135(1) of the Act before paragraph (a) is replaced by the following:

Suspension of parole or statutory release

135. (1) A member of the Board or a person, designated by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of parole or statutory release or when the member or person is satisfied that it is necessary and reasonable to suspend the parole or statutory release in order to prevent a breach of any condition thereof or to protect society, may, by warrant,

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

Transfer of offender

(2) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is recommitted to custody pursuant to subsection (1) in a place other than a penitentiary.

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

Cancellation of suspension or referral

(3) The person who signs a warrant pursuant to subsection (1) or any other person designated pursuant to that subsection shall, forthwith after the recommitment of the offender, review the offender's case and

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

    (a) cancel the suspension, where the Board is satisfied that, in view of the offender's behaviour since release, the offender will not, by reoffending before the expiration of the offender's sentence according to law, present an undue risk to society;

(5) Paragraph 135(5)(c) of the Act is replaced by the following:

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

(6) Subsection 135(7) of the Act is replaced by the following:

Transmission of cancellation of suspension

(6.1) Where a person referred to in subsection (3) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.

Additional power of the Board

(7) Independently of subsections (1) to (6), where the Board is satisfied that the continued parole or statutory release of an offender would constitute an undue risk to society by reason of the offender reoffending before the expiration of the sentence according to law, the Board may, at any time,

    (a) where the offender is no longer eligible for the parole or entitled to be released on statutory release, terminate or revoke the parole or statutory release; or

    (b) where the offender is still eligible for the parole or entitled to be released on statutory release,

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

      (ii) revoke the parole or statutory release, where the undue risk to society is due to circumstances within the offender's control.

(7) Section 135 of the Act is amended by adding the following after subsection (9):

Revocation of parole or statutory release

(9.1) Where an offender whose parole or statutory release has not been terminated or revoked receives an additional sentence for an offence under an Act of Parliament, the parole or statutory release, as the case may be, is revoked on the day on which the additional sentence is imposed.

Exception

(9.2) Subsection (9.1) does not apply where the additional sentence is to be served concurrently with, and is in respect of an offence committed before the commencement of, the sentence to which the parole or statutory release applies.

Parole inoperative where parole eligibility date in future

(9.3) Where an offender who is released on parole receives an additional sentence described in subsection (9.2) and the day determined in accordance with section 119, 120 or 120.2, as the case may be, on which the offender is eligible for parole is later than the day on which the offender received the additional sentence, the parole becomes inoperative and the offender shall be reincarcerated.

Non-applicati on of subsection (9.1)

(9.4) 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 (9.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (9.1) 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 (9.1), is required, pursuant to section 731 of the Criminal Code, to serve the sentence in a penitentiary.

Parole inoperative where consecutive sentence

(9.5) Where an offender to whom subsection (9.1) does not apply 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 and, 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.

(8) Section 135 of the Act is amended by adding the following after subsection (10):

Time at large during suspension

(11) For the purposes of this Act, where a suspension of parole or statutory release is cancelled, the offender is deemed, during the period beginning on the day of the issuance of the suspension and ending on the day of the cancellation of the suspension, to have been serving the sentence to which the parole or statutory release applies.

51. Section 136 of the Act is replaced by the following:

Warrant on termination, revocation or inoperability

136. When the parole or statutory release of an offender is terminated or revoked or where it becomes inoperative pursuant to subsection 135(9.3) or (9.5), a member of the Board or a person designated by the Chairperson of the Board may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.

52. Subsection 137(1) of the Act is replaced by the following:

Execution of warrant

137. (1) A warrant of apprehension issued under section 11.1, 18, 118, 135 or 136 or by a provincial parole board, or an electronically transmitted copy thereof, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.

53. Subsection 138(2) of the Act is replaced by the following:

Effect of termination on parole and statutory release

(2) An offender whose parole or statutory release has been terminated is

    (a) eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be; and

    (b) entitled to be released on statutory release in accordance with section 127.

No forfeiture of remission

(3) An offender whose parole or statutory release has been terminated is not liable to forfeit

    (a) any remission with which the offender was credited pursuant to the Prisons and Reformatories Act; or

    (b) any credits under the Transfer of Offenders Act.

Effect of revocation on parole

(4) An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.

Exception

(5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender's parole or statutory release is revoked.

Effect of revocation on statutory release

(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with section 127.

54. Section 139 of the Act is replaced by the following:

Additional sentences

139. (1) Where a person who is subject to a sentence that has not expired receives an additional sentence, the person is, for the purposes of the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one sentence commencing at the beginning of the first of those sentences to be served and ending on the expiration of the last of them to be served.

Interpretation

(2) This section does not affect the time of commencement, pursuant to subsection 721(1) of the Criminal Code, of any sentences that are deemed under this section to constitute one sentence.

Previous Page Table of Contents Next Page