Bill C-55

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	(i) three years, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
1995, c. 42, par. 69(c)(E)	(2) Paragraph 119(1)(d) of the French version of the Act is replaced by the following:
	d) dans le cas du délinquant qui purge une peine inférieure à deux ans, la moitié de la peine à purger avant cette même date.
1995, c. 42, s. 33	(3) Subsection 119(1.1) of the Act is replaced by the following:
When eligible for day parole - life sentence	(1.1) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), an offender described in subsection 747(1) or (2) of the Criminal Code shall not be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3).
When eligible for day parole - young offender sentenced to life imprison- ment	(1.2) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2), the portion of the sentence of an offender described in subsection 747(3) of the Criminal Code that must be served before the offender may be released on day parole is the longer of
	(a) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
	(b) the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.
	(4) On the later of the coming into force of subsection 119(1.2) of the Corrections and Conditional Release Act, as enacted by subsection (3), and subsection 746.1(3) of the Criminal Code, as enacted by section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, being chapter 22 of the Statutes of Canada, 1995,
	*(a) subsection 119(1.1) of the Corrections and Conditional Release Act* is replaced by the following:**
When eligible for day parole - life sentence	(1.1) Notwithstanding section 746.1 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), an offender described in subsection 746.1(1) or (2) of the Criminal Codeshall not be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3).
	*(b) subsection 119(1.2) of the Corrections and Conditional Release Act* is replaced by**
When eligible for day parole - young offender sentenced to life imprison- ment	(1.2) Notwithstanding section 746.1 of the Criminal Code, in the circumstances described in subsection 120.2(2), the portion of the sentence of an offender described in subsection 746.1(3) of the Criminal Code that must be served before the offender may be released on day parole is the longer of
	(a) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
	(b) the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.
	21. (1) The Act is amended by adding the following after section 119:
When eligible for day parole - offenders eligible for accelerated parole review	119.1 The portion of the sentence of an offender who is eligible for accelerated parole review under sections 125 and 126 that must be served before the offender may be released on day parole is six months, or one sixth of the sentence, whichever is longer.
	(2) Section 119.1 of the Act, as enacted by subsection (1), does not apply to an offender serving a sentence on the date on which this subsection comes into force whose case was reviewed for the purpose of day parole before that date.
1995, c. 42, s. 34	22. Paragraph 120.1(2)(c) of the French version of the Act is replaced by the following:
	c) la date à laquelle il a accompli le temps d'épreuve requis par rapport à la peine d'emprisonnement déterminée conformément au paragraphe 139(1).
1995, c. 42, s. 34	23. (1) Paragraph 120.2(1)(b) of the French version of the Act is replaced by the following:
	b) la date à laquelle il a accompli, d'une part, le temps d'épreuve requis par rapport à la partie de la peine d'emprisonnement, déterminée conformément au paragraphe 139(1), qui est visée par une ordonnance rendue en vertu de l'article 741.2 du Code criminel et, d'autre part, le temps d'épreuve requis par rapport à toute autre partie de cette peine d'emprisonnement.
	(2) On the later of the coming into force of paragraph 120.2(1)(b) of the French version of the Corrections and Conditional Release Act, as enacted by subsection (1), and section 743.5 of the Criminal Code, as enacted by section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, being chapter 22 of the Statutes of Canada, 1995, paragraph 120.2(1)(b) of the French version of the Corrections and Conditional Release Act is replaced by the following:
	b) la date à laquelle il a accompli, d'une part, le temps d'épreuve requis par rapport à la partie de la peine d'emprisonnement, déterminée conformément au paragraphe 139(1), qui est visée par une ordonnance rendue en vertu de l'article 743.5 du Code criminel et, d'autre part, le temps d'épreuve requis par rapport à toute autre partie de cette peine d'emprisonnement.
	24. (1) The portion of subsection 125(1) of the English version of the Act before paragraph (a) is replaced by the following:
Application	125. (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), other than an offender
	(2) Subsection 125(1) of the Act is amended by adding the following after paragraph (a):
	(a.1) convicted of an offence under section 240 of the Criminal Code;
	25. The Act is amended by adding the following after section 126:
Release on day parole	126.1 Sections 125 and 126 apply, with such modifications as the circumstances require, to a review to determine if an offender referred to in subsection 119.1 should be released on day parole.
1995, c. 42, s. 45(1)	26. The portion of subsection 130(3.2) of the French version of the Act before paragraph (a) is replaced by the following:
	(3.2) Si le délinquant assujetti à une ordonnance - rendue aux termes du paragraphe (3) - visant à interdire sa mise en liberté avant l'expiration légale de sa peine est condamné à une peine supplémentaire qui entraîne une augmentation de la durée de la peine d'emprisonnement prévue au paragraphe 139(1) :
1995, c. 42, s. 46(2)	27. Subsection 131(4) of the Act is replaced by the following:
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 name or by position, by the Commissioner.
1995, c. 42, s. 48(1)	28. Subsection 133(4.4) of the Act is replaced by the following:
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 name or by position, by the Commissioner.
1995, c. 42, par. 71(a)(F)	29. Subsection 134(1) of the Act is replaced by the following:
Instructions to released offenders	134. (1) An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender's parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.
	30. The Act is amended by adding the following after section 134:
	Conditions for Long-Term Supervision
Conditions for long-term supervision	134.1 (1) Subject to subsection (4), every offender who is required to be supervised by a long-term supervision order is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations, with such modifications as the circumstances require.
Conditions set by Board	(2) The Board may establish conditions for the long-term supervision of the offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.
Duration of conditions	(3) A condition imposed under subsection (2) is valid for the period that the Board specifies.
Relief from conditions	(4) The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender,
	(a) in respect of conditions referred to in subsection (1), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or
	(b) in respect of conditions imposed under subsection (2), remove or vary any such condition.
Instructions to offenders subject to long-term supervision order	134.2 (1) An offender who is supervised pursuant to a long-term supervision order shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, or given by the offender's parole supervisor, respecting any conditions of long-term supervision in order to prevent a breach of any condition or to protect society.
Definition of ``parole supervisor''	(2) In this section, ``parole supervisor'' means
	(a) a staff member as defined in subsection 2(1); or
	(b) a person entrusted by the Service with the guidance and supervision of an offender who is required to be supervised by a long-term supervision order.
1995, c. 42, s. 49	31. The heading before section 135 of the Act is replaced by the following:
	Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision
1995, c. 42, par. 70(d)(E)	32. Paragraph 135(6)(c) of the French version of the Act is replaced by the following:
	c) ordonner que l'annulation n'entre en vigueur qu'à l'expiration du délai maximal de trente jours qu'elle fixe à compter de la date de la décision, si la violation des conditions de la libération qui a donné lieu à la suspension constituait au moins la seconde violation entraînant une suspension au cours de la peine que purge le délinquant.
1995, c. 42, s. 50(7)	32.1 Subsection 135(9.1) of the Act is replaced by the following:
Revocation of parole or statutory release	(9.1) Where an offender whose parole or statutory release has not been terminated or revoked is incarcerated as a result of 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 offender is incarcerated as a result of the additional sentence.
1995, c. 42, s. 51	33. Section 136 of the Act is replaced by the following:
Suspension of long-term supervision	135.1 (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 a long-term supervision order or a condition referred to in section 134.1 or when the member or person is satisfied that it is necessary and reasonable to suspend the long-term supervision in order to prevent a breach of any condition of it or to protect society, may, by warrant,
	(a) suspend the long-term supervision;
	(b) authorize the apprehension of the offender; and
	(c) authorize the commitment of the offender to a community-based residential facility or a mental health facility or, where the member or person is satisfied that commitment to custody is necessary, to custody until the suspension is cancelled, new conditions for the long-term supervision have been established or the offender is charged with an offence under section 753.3 of the Criminal Code.
Limit on commitment	(2) The period of the commitment of the offender mentioned in paragraph (1)(c) must not exceed ninety days.
Where offender committed	(3) Where an offender is committed under paragraph (1)(c), the period of the commitment is included in the calculation of the period of long-term supervision ordered under a long-term supervision order, but if there is a period between the issuance of the warrant and the commitment to custody, that period is not included in that calculation.
Transfer of offender	(4) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is committed under paragraph (1)(c) in a place other than a penitentiary.
Cancellation of suspension or referral	(5) The person who signs a warrant pursuant to subsection (1), or any other person designated pursuant to that subsection, shall, immediately after the commitment of the offender, review the offender's case and, as soon as possible but in any case no later than thirty days after the commitment, cancel the suspension or refer the case to the Board together with an assessment of the case.
Review by Board	(6) The Board shall, on the referral to it of the case of an offender, review the case and, within sixty days after the date of the referral,
	(a) cancel the suspension, where the Board is satisfied that, in view of the offender's behaviour while being supervised, the resumption of long-term supervision on the same conditions would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision;
	(b) where the Board is not satisfied as provided in paragraph (a), cancel the suspension and order the resumption of long-term supervision on any conditions that the Board considers necessary to protect society; or
	(c) where the Board is satisfied that no appropriate program of supervision can be established that would adequately protect society from the risk of the offender reoffending,and that it appears that a breach has occurred, recommend that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
Laying of information	(7) Where the Board recommends that an information be laid pursuant to paragraph (6)(c), the Service shall recommend to the Attorney General who has jurisdiction in the place in which the breach of the condition occurred that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
Terms of cancellation	(8) If in the Board's opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the long-term supervision order of an offender, may
	(a) reprimand the offender in order to warn the offender of the Board's dissatisfaction with the offender's behaviour while being supervised;
	(b) alter the conditions of the long-term supervision; and
	(c) order the cancellation not to take effect until the expiration of a specified period that ends on a date not later than the end of the ninety days referred to in subsection (2), in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender reoffending.
Transmission of cancellation of suspension	(9) Where a person referred to in subsection (4) 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.
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 name or by position, by the Chairperson of the Board or by the Commissioner may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.
1995, c. 42, s. 52	34. 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, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a warrant, 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.
1995, c. 42, s. 57(3)	35. Subsection 142(5) of the Act is replaced by the following:

Bill C-55

Conditions for Long-Term Supervision

Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision