Bill C-40
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SUMMARY |
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This enactment amends the Corrections and Conditional Release
Act to
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This enactment also makes related amendments to the Criminal
Code.
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It also contains transitional provisions.
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EXPLANATORY NOTES |
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Corrections and Conditional Release Act |
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Clause 1: (1) The definition ``victim'' in subsection
2(1) reads as follows:
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``victim''
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(2) The relevant portion of the definition ``inmate'' in
subsection 2(1) reads as follows:
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``inmate'' means
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(3) New.
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Clause 2: The relevant portion of section 4 reads as
follows:
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4. The principles that shall guide the Service in achieving the
purpose referred to in section 3 are
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Clause 3: Subsection 16(2) reads as follows:
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(2) Subject to subsection (3), a person who, pursuant to an agreement
entered into under paragraph (1)(b), is confined in a penitentiary is,
notwithstanding subsection 743.3(1) of the Criminal Code, subject to
all the statutes, regulations and rules applicable in the penitentiary in
which the person is confined.
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Clause 4: Subsection 17(1) reads as follows:
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17. (1) Where, in the opinion of the institutional head,
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the absence may, subject to section 746.1 of the Criminal Code,
subsection 140.3(2) of the National Defence Act and subsection 15(2)
of the Crimes Against Humanity and War Crimes Act, be authorized by
the institutional head
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Clause 5: Section 18 and the heading before it read as
follows:
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Work Releases |
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18. (1) In this section, ``work release'' means a structured program
of release of specified duration for work or community service outside
the penitentiary, under the supervision of a staff member or other person
or organization authorized by the institutional head.
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(2) Where an inmate is eligible for unescorted temporary absences
under Part II or pursuant to section 746.1 of the Criminal Code,
subsection 140.3(2) of the National Defence Act or subsection 15(2) of
the Crimes Against Humanity and War Crimes Act, and, in the opinion
of the institutional head,
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the institutional head may authorize a work release, for such duration
as is fixed by the institutional head, subject to the approval of the
Commissioner if the duration is to exceed sixty days.
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(3) The institutional head may impose, in relation to a work release,
any conditions that the institutional head considers reasonable and
necessary in order to protect society.
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(4) The institutional head may suspend or cancel a work release
either before or after its commencement.
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(5) The institutional head shall give the inmate written reasons for
the authorizing, refusal, suspension or cancellation of a work release.
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(6) Where a work release is suspended or cancelled after its
commencement, the institutional head may cause a warrant in writing
to be issued authorizing the apprehension and recommitment to custody
of the inmate.
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Clause 6: (1) and (2) The relevant portion of
subsection 26(1) reads as follows:
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26. (1) At the request of a victim of an offence committed by an
offender, the Commissioner
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Clause 7: Section 55 reads as follows:
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55. Subject to section 56 and subsection 57(2), a staff member, or any
other person so authorized by the Service, may demand that an offender
submit to urinalysis
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Clause 8: New.
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Clause 9: Subsection 71(1) reads as follows:
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71. (1) In order to promote relationships between inmates and the
community, an inmate is entitled to have reasonable contact, including
visits and correspondence, with family, friends and other persons from
outside the penitentiary, subject to such reasonable limits as are
prescribed for protecting the security of the penitentiary or the safety of
persons.
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Clause 10: Section 84 reads as follows:
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84. Where an inmate who is applying for parole has expressed an
interest in being released to an aboriginal community, the Service shall,
if the inmate consents, give the aboriginal community
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Clause 11: Subsection 88(3) reads as follows:
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(3) For the purpose of paragraph (1)(a), an inmate's consent to
treatment shall not be considered involuntary merely because the
treatment is a requirement for a temporary absence, work release or
parole.
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Clause 12: (1) Subsection 93(2) reads as follows:
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(2) Where the institutional head is satisfied that an inmate's re-entry
into the community will be facilitated by an earlier release than that
provided for by subsection (1), the institutional head may release the
inmate up to five days before the day on which the inmate is entitled to
be released by virtue of statutory release or the expiration of the
sentence.
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(2) Subsection 93(3.1) reads as follows:
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(3.1) An inmate who is to be released on full parole by virtue of a
direction of the Board under section 126 shall be released during normal
business hours on the day established pursuant to section 120, or, if that
day is not a working day, during normal business hours on the following
working day.
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Clause 13: Subsection 94(1) reads as follows:
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94. (1) At the request of a person who has been released from
penitentiary on parole or statutory release, or who is entitled to be
released from penitentiary on statutory release, the institutional head
may allow the person to stay temporarily in the penitentiary in order to
assist that person's rehabilitation, but such a temporary stay may not
extend beyond the expiration of the person's sentence.
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Clause 14: (1) to (5) The relevant portion of section
96 reads as follows:
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96. The Governor in Council may make regulations
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Clause 15: The definition ``working day'' in
subsection 99(1) reads as follows:
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``working day'' means a day on which offices of the public service of
Canada are generally open in the province in question.
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Clause 16: Sections 103 and 104 read as follows:
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103. The National Parole Board is hereby continued, to consist of not
more than forty-five full-time members and a number of part-time
members appointed by the Governor in Council, on the
recommendation of the Minister, to hold office during good behaviour
for periods not exceeding ten years and three years, respectively.
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104. The Governor in Council shall designate one of the full-time
members of the Board to be its Chairperson and, on the
recommendation of the Minister, one of the full-time members to be its
Executive Vice-Chairperson.
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Clause 17: Subsection 105(3) reads as follows:
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(3) Each member of the Board other than the Chairperson and the
Executive Vice-Chairperson shall be assigned to a division of the Board
specified in the instrument of appointment.
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Clause 18: The relevant portion of subsection 107(1)
reads as follows:
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107. (1) Subject to this Act, the Prisons and Reformatories Act, the
Transfer of Offenders Act, the National Defence Act, the Crimes Against
Humanity and War Crimes Act and the Criminal Code, the Board has
exclusive jurisdiction and absolute discretion
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Clause 19: The relevant portion of subsection 115(1)
reads as follows:
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115. (1) Subject to subsection (2), the portion of a sentence that must
be served before an offender serving a sentence in a penitentiary may
be released on an unescorted temporary absence is
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whichever is greater.
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Clause 20: (1) and (2) The relevant portion of
subsection 116(1) reads as follows:
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116. (1) The Board may authorize the unescorted temporary absence
of an offender referred to in paragraph 107(1)(e) where, in the opinion
of the Board,
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(3) Subsections 116(6) and (7) read as follows:
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(6) An unescorted temporary absence for purposes of a specific
personal development program may be authorized for a maximum of
sixty days and may be renewed, for periods of up to sixty days each, for
the purposes of the program.
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(7) Unescorted temporary absences for reasons other than those
referred to in subsection (3) or (4) may be authorized for a maximum
total of forty-eight hours per month for an offender classified by the
Service as a medium security offender, and for a maximum total of
seventy-two hours per month for an offender classified as a minimum
security offender.
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Clause 21: (1) Subsection 117(1) reads as follows:
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117. (1) The Board may confer on the Commissioner or the
institutional head, for such period and subject to such conditions as it
specifies, any of its powers under section 116 in respect of any class of
offenders or class of absences.
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(2) and (3) Subsections 117(3) and (4) read as follows:
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(3) Where the Board has not authorized the Commissioner or the
institutional head under subsection (1) in respect of the offender or in
respect of the absence, the institutional head of the penitentiary from
which an unescorted temporary absence has been effected may suspend
the absence if, in the opinion of the institutional head, the offender's
retention in custody or recommitment to custody is justified in order to
protect society, on the basis of information that could not reasonably
have been provided to the Board when the absence was authorized.
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(4) An institutional head who suspends the unescorted temporary
absence of an offender shall forthwith refer the offender's case to the
Board, and the Board shall decide whether the absence should be
cancelled.
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Clause 22: Section 118 reads as follows:
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118. A person who cancels an unescorted temporary absence
pursuant to subsection 116(10) or pursuant to a delegation of power
under subsection 117(1) or (2), or who suspends an unescorted
temporary absence pursuant to subsection 117(3), shall cause a warrant
in writing to be issued authorizing the apprehension and recommitment
to custody of the offender pursuant to section 137, where the offender
is not in custody in a penitentiary or in a hospital referred to in
subsection 117(2).
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Clause 23: Section 119.2 is new. Section 119.1 reads
as follows:
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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.
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Clause 24: Sections 120.1 to 120.3 read as follows:
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120.1 (1) Where an offender who is serving a sentence receives an
additional sentence that is to be served consecutively to the sentence the
offender was serving when the additional sentence was imposed, the
offender is not eligible for full parole until the day on which the offender
has served, commencing on the day on which the additional sentence
was imposed,
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(2) Notwithstanding subsection (1), where an offender who is
serving a sentence receives an additional sentence that is to be served
consecutively to a portion of the sentence the offender was serving
when the additional sentence was imposed, the offender is not eligible
for full parole until the day that is the latest of
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120.2 (1) Subject to subsection (2), where an offender who is serving
a sentence receives an additional sentence that is to be served
concurrently with any portion of the sentence the offender was serving
when the additional sentence was imposed, the offender is not eligible
for full parole until the day that is the later of
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(2) Where an offender who is sentenced to life imprisonment or for
an indeterminate period receives an additional sentence for a
determinate period, the offender is not eligible for full parole until the
day on which the offender has served, commencing on the day on which
the additional sentence was imposed,
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(3) Where, pursuant to section 745.6 of the Criminal Code,
subsection 140.3(2) of the National Defence Act or subsection 15(2) of
the Crimes Against Humanity and War Crimes Act, there has been a
reduction in the number of years of imprisonment without eligibility for
parole of an offender referred to in subsection (2), the offender is not
eligible for full parole until the day on which the offender has served,
commencing on the day on which the additional sentence was imposed,
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120.3 Subject to section 745 of the Criminal Code, subsection
140.3(1) of the National Defence Act and subsection 15(1) of the
Crimes Against Humanity and War Crimes Act, where an offender who
is serving a sentence receives an additional sentence, the day on which
the offender is eligible for full parole shall not be later than the day on
which the offender has served fifteen years from the day on which the
last of the sentences was imposed.
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Clause 25: (1) The relevant portion of subsection
121(1) reads as follows:
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121. (1) Subject to section 102 and notwithstanding sections 119 to
120.3 or any order made under section 743.6 of the Criminal Code or
section 140.4 of the National Defence Act, parole may be granted at any
time to an offender
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(2) The relevant portion of subsection 121(2) reads as
follows:
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(2) Subsection (1) does not apply to an offender who is
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Clause 26: New.
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Clause 27: (1) Subsection 122(1.1) is new.
Subsections 122(1) to (3) read as follows:
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122. (1) Subject to subsection 119(2), the Board shall, on
application, at the time prescribed by the regulations, review, for the
purpose of day parole, the case of every offender other than an offender
referred to in subsection (2).
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(2) The Board may, on application, at the time prescribed by the
regulations, review, for the purpose of day parole, the case of an
offender who is serving a sentence of two years or more in a provincial
correctional facility in a province in which no program of day parole has
been established for that category of offender.
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(3) With respect to a review commenced under this section, the
Board shall decide whether to grant day parole, or may adjourn the
review for a reason authorized by the regulations and for a reasonable
period not exceeding the maximum period prescribed by the
regulations.
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(2) Subsection 122(5.1) is new. Subsection 122(5)
reads as follows:
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(5) Day parole may be granted to an offender for a period not
exceeding six months, and may be continued for additional periods not
exceeding six months each following reviews of the case by the Board.
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Clause 28: (1) Subsections 123(1) and (2) read as
follows:
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123. (1) Subject to subsection (2), the Board shall, at the time
prescribed by the regulations, review, for the purpose of full parole, the
case of every offender who is serving a sentence of two years or more
and who is not within the jurisdiction of a provincial parole board.
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(2) The Board is not required under subsection (1) or (5) to review
the case of an offender who has advised the Board in writing that the
offender does not wish to be considered for full parole and who has not
in writing revoked that advice.
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(2) Subsection 123(4) reads as follows:
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(4) With respect to a review commenced under this section, the
Board shall decide whether to grant full parole, or may grant day parole,
or may adjourn the review for a reason authorized by the regulations and
for a reasonable period not exceeding the maximum period prescribed
by the regulations.
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(3) The relevant portion of subsection 123(5) reads as
follows:
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(5) Where the Board decides not to grant parole following a review
pursuant to section 122 or subsection (1) or a review is not made by
virtue of subsection (2), the Board shall conduct another review within
two years after the later of
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(4) Subsection 123(5.1) is new. Subsection 123(6)
reads as follows:
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(6) Where the Board decides not to grant full parole following a
review pursuant to this section, no further application for full parole
may be made until six months after the decision or until such earlier time
as the regulations prescribe or the Board determines.
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Clause 29: (1) Subsection 124(1) reads as follows:
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124. (1) The Board is not required to review the case of an offender
who is unlawfully at large at the time prescribed for a review under
section 122, 123 or 126, but shall do so as soon as possible after being
informed of the offender's return to custody.
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(2) Subsection 124(3) reads as follows:
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(3) Where an offender has been granted parole under section 122,
123 or 126, 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 the offender has been released.
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Clause 30: The heading before section 125 and
sections 125 to 126.1 read as follows:
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Accelerated Parole Reviews |
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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
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(1.1) For greater certainty, this section and section 126
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(2) The Service shall, at the time prescribed by the regulations,
review the case of an offender to whom this section applies for the
purpose of referral of the case to the Board for a determination under
section 126.
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(3) A review made pursuant to subsection (2) shall be based on all
reasonably available information that is relevant, including
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(4) On completion of a review pursuant to subsection (2), the Service
shall, within such period as is prescribed by the regulations preceding
the offender's eligibility date for full parole, refer the case to the Board
together with all information that, in its opinion, is relevant to the case.
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(5) The Service may delegate to the correctional authorities of a
province its powers under this section in relation to offenders who are
serving their sentences in provincial correctional facilities in that
province.
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126. (1) The Board shall review without a hearing, at or before the
time prescribed by the regulations, the case of an offender referred to it
pursuant to section 125.
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(2) Notwithstanding section 102, if the Board is satisfied that there
are no reasonable grounds to believe that the offender, if released, is
likely to commit an offence involving violence before the expiration of
the offender's sentence according to law, it shall direct that the offender
be released on full parole.
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(3) If the Board does not direct, pursuant to subsection (2), that the
offender be released on full parole, it shall report its refusal to so direct,
and its reasons, to the offender.
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(4) The Board shall refer any refusal and reasons reported to the
offender pursuant to subsection (3) to a panel of members other than
those who reviewed the case under subsection (1), and the panel shall
review the case at the time prescribed by the regulations.
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(5) Notwithstanding section 102, if the panel reviewing a case
pursuant to subsection (4) is satisfied as described in subsection (2), the
panel shall direct that the offender be released on full parole.
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(6) An offender who is not released on full parole pursuant to
subsection (5) is entitled to subsequent reviews in accordance with
subsection 123(5).
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(7) In this section, ``offence involving violence'' means murder or
any offence set out in Schedule I, but, in determining whether there are
reasonable grounds to believe that an offender is likely to commit an
offence involving violence, it is not necessary to determine whether the
offender is likely to commit any particular offence.
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(8) Where the parole of an offender released pursuant to this section
is terminated or revoked, the offender is not entitled to another review
pursuant to this section.
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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.
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Clause 31: Subsection 127(5.1) is new. Subsection
127(5) reads as follows:
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(5) Subject to subsections 130(4) and (6), the statutory release date
of an offender whose parole or statutory release has been revoked is the
day on which the offender has served two thirds of the unexpired
portion of the sentence after being recommitted to custody as a result of
a suspension or a revocation under section 135.
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Clause 32: New.
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Clause 33: Subsections 128(3) and (4) read as follows:
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(3) Despite subsection (1), for the purposes of paragraph 50(b) of the
Immigration and Refugee Protection Act and section 40 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 or 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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(4) Despite this Act or the Prisons and Reformatories Act, an
offender against whom a removal order has been made under the
Immigration and Refugee Protection Act is ineligible for day parole or
an unescorted temporary absence until the offender is eligible for full
parole.
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Clause 34: (1) and (2) Subsections 129(1) to (3) read
as follows:
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129. (1) Before the statutory release date of an offender who is
serving a sentence of two years or more that includes a sentence
imposed for an offence set out in Schedule I or II or an offence set out
in Schedule I or II that is punishable under section 130 of the National
Defence Act, the Commissioner shall cause the offender's case to be
reviewed by the Service.
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(2) After the review of the case of an offender pursuant to subsection
(1), and not later than six months before the statutory release date, the
Service shall refer the case to the Board together with all the information
that, in its opinion, is relevant to it, where the Service is of the opinion
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(3) Where the Commissioner believes on reasonable grounds that an
offender who is serving a sentence of two years or more 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 is practicable after forming
that belief, but the referral may not be made later than six months before
the offender's statutory release date unless
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(3) Subsection 129(4) reads as follows:
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(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 pursuant to subsection (2) or (3).
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(4) New. The relevant portion of the definition
``sexual offence involving a child'' in subsection 129(9)
reads as follows:
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``sexual offence involving a child'' means
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Clause 35: (1) Subsection 130(1) reads as follows:
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130. (1) Where the case of an offender is referred to the Board by the
Service pursuant to subsection 129(2) or referred to the Chairperson of
the Board by the Commissioner pursuant to subsection 129(3) or (3.1),
the Board shall, subject to subsections 129(5), (6) and (7), at the times
and in the manner prescribed by the regulations,
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and the Board shall cause all such inquiries to be conducted in
connection with the review as it considers necessary.
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(2) Subsection 130(5) reads as follows:
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(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.
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Clause 36: New.
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Clause 37: Subsection 133(4.1) reads as follows:
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(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.
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Clause 38: (1) Subsections 135(1.1) and (1.2) are new.
Subsection 135(2) reads as follows:
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(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.
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(2) The relevant portion of subsection 135(3) reads as
follows:
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(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
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(3) New.
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(4) Subsection 135(5) reads as follows:
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(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 grants an
adjournment at the offender's request,
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(5) New.
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(6) Subsections 135(9.1) to (9.5) read as follows:
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(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.
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(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.
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(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.
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(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
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(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.
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Clause 39: The relevant portion of subsection
135.1(6) reads as follows:
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(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,
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Clause 40: Section 136 reads as follows:
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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.
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Clause 41: Subsection 137(1) reads as follows:
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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.
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Clause 42: Subsection 138(6) reads as follows:
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(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.
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Clause 43: The heading before section 139 reads as
follows:
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Multiple Sentences |
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Clause 44: Subsection 139(1) reads as follows:
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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.
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Clause 45: (1) and (2) Paragraphs 140(1)(a.1) and
(c.1) are new. The relevant portion of subsection 140(1)
reads as follows:
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140. (1) The Board shall conduct the review of the case of an
offender by way of a hearing, conducted in whichever of the two official
languages of Canada is requested by the offender, unless the offender
waives the right to a hearing in writing or refuses to attend the hearing,
in the following classes of cases:
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(3) and (4) New.
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Clause 46: (1) and (2) Subsections 141(2) and (3) read
as follows:
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(2) Where information referred to in subsection (1) comes into the
possession of the Board after the time prescribed in that subsection, that
information or a summary of it shall be provided to the offender as soon
as is practicable thereafter.
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(3) An offender may waive the right to be provided with the
information or summary referred to in subsection (1) or to have it
provided within the period referred to, but where an offender has
waived that period and any information is received by the offender, or
by the Board, so late that the offender or the Board is unable to
sufficiently prepare for the review, the offender is entitled to, or the
Board may order, a postponement of the review for such reasonable
period as the Board determines.
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Clause 47: Subsection 146(1.1) is new. Subsection
146(1) reads as follows:
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146. (1) There shall be a division of the Board known as the Appeal
Division, consisting of not more than six full-time members designated
by the Governor in Council on the recommendation of the Minister
from among the members appointed pursuant to section 103, and one
of those members shall be designated Vice-Chairperson, Appeal
Division.
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Clause 48: The relevant portion of subsection 147(2)
reads as follows:
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(2) The Vice-Chairperson, Appeal Division, may refuse to hear an
appeal, without causing a full review of the case to be undertaken,
where, in the opinion of the Vice-Chairperson,
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Clause 49: Section 150 reads as follows:
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150. (1) A full-time member shall be designated by the Governor in
Council, on the recommendation of the Minister, to be
Vice-Chairperson for each regional division of the Board.
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(2) A Vice-Chairperson for a division is responsible to the
Chairperson for the professional conduct, training, and quality of
decision-making of Board members assigned to that division.
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Clause 50: Subsection 151(1) reads as follows:
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151. (1) There shall be an Executive Committee of the Board
consisting of the Chairperson, the Executive Vice-Chairperson, the
Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons
and two other members of the Board designated by the Chairperson
after consultation with the Minister.
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Clause 51: Subsections 152(7) and (8) read as follows:
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(7) In the event of the absence or incapacity of the Chairperson or a
vacancy in the office of Chairperson, the Executive Vice-Chairperson
may exercise all the powers of the Chairperson.
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(8) In the event of the absence or incapacity of, or a vacancy in the
offices of, the Chairperson and the Executive Vice-Chairperson, a
full-time member of the Board designated by the Minister may exercise
all the powers of the Chairperson.
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Clause 52: New.
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Clause 53: New.
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Clause 54: Section 192 reads as follows:
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192. The Correctional Investigator shall, within three months after
the end of each fiscal year, submit to the Minister a report of the
activities of the office of the Correctional Investigator during that year,
and the Minister shall cause every such report to be laid before each
House of Parliament on any of the first thirty days on which that House
is sitting after the day on which the Minister receives it.
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Clause 55: Section 195 reads as follows:
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195. Where it appears to the Correctional Investigator that there may
be sufficient grounds for including in a report under section 192 or 193
any comment or information that reflects or might reflect adversely on
any person or organization, the Correctional Investigator shall give that
person or organization a reasonable opportunity to make
representations respecting the comment or information and shall
include in the report a fair and accurate summary of those
representations.
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Clause 56: Subsection 225(2) reads as follows:
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(2) Sections 125 and 126 do not apply to an offender serving a
sentence on the commencement day whose case was reviewed under
the former Act during that sentence for the purpose of full parole.
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Criminal Code |
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Clause 61: (1) The relevant portion of subsection
746.1(2) reads as follows:
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(2) Subject to subsection (3), in respect of a person sentenced to
imprisonment for life without eligibility for parole for a specified
number of years pursuant to this Act, until the expiration of all but three
years of the specified number of years of imprisonment,
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(2) The relevant portion of subsection 746.1(3) reads
as follows:
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(3) In the case of any person convicted of first degree murder or
second degree murder who was under the age of eighteen at the time of
the commission of the offence and who is sentenced to imprisonment
for life without eligibility for parole for a specified number of years
pursuant to this Act, until the expiration of all but one fifth of the period
of imprisonment the person is to serve without eligibility for parole,
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