Bill C-40
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1997, c. 17,
s. 34
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41. Subsection 137(1) of the Act is
replaced by the following:
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Execution of
warrant
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137. (1) A warrant of apprehension issued
under section 11.1, 118, 135, 135.1 or 136 or
by a provincial parole board, or an
electronically transmitted copy of the
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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1995, c. 42,
s. 53
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42. Subsection 138(6) of the Act is
replaced by the following:
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Effect of
revocation on
statutory
release
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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been revoked is entitled to be released on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
subsection 127(5) .
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43. The heading before section 139 of the
Act is replaced by the following:
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Merged Sentences |
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1995, c. 42,
s. 54
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44. Subsection 139(1) of the Act is
replaced by the following:
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Multiple
sentences
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139. (1) For the purposes of the Criminal
Code, the Prisons and Reformatories Act, the
Transfer of Offenders Act and this Act, a
person who is subject to two or more
sentences is deemed to have been sentenced to
one sentence beginning on the first day of the
first of those sentences to be served and
ending on the last day of the last of them to be
served.
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1995, c. 42,
s. 55(1)(E)
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45. (1) Paragraph 140(1)(b) of the Act is
replaced by the following:
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(2) Subsection 140(1) of the Act is
amended by adding the following after
paragraph (c):
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(3) Section 140 of the Act is amended by
adding the following after subsection (3):
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Review of
decision to
impose
condition
under
subsection
133(4.1)
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(3.1) If the Board imposes a condition under
subsection 133(4.1) during a review without a
hearing, an offender may, within 30 days after
being notified of the decision, request that the
Board review their case. The Board shall,
within the period prescribed by the
regulations, review the case by way of a
hearing and decide whether to confirm or
cancel the decision.
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(4) Section 140 of the Act is amended by
adding the following after subsection (9):
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Presentation
of statements
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(10) If they are attending a hearing as an
observer,
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Presentation
of statements
in absence of
person
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(11) If a victim or a person referred to in
subsection 142(3) is not attending a hearing,
their statement may be presented at the
hearing in a format that the Board considers
appropriate.
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Communicati
on of
statement in
writing
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(12) The victim or the person referred to in
subsection 142(3) shall, before the hearing,
deliver to the Board a transcript of the
statement referred to in subsection (10) or
(11).
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46. (1) Subsection 141(2) of the English
version of the Act is replaced by the
following:
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Information
received late
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(2) If information referred to in subsection
(1) comes into the possession of the Board
after the time referred to in that subsection,
that information or a summary of it shall be
provided to the offender as soon as practicable
after that time .
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(2) Subsection 141(3) of the Act is
replaced by the following:
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Waiver and
postponement
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(3) An offender may waive the right to be
provided with the information or summary or
to have it provided within the period referred
to in subsection (1). If they waive the latter
right and they receive information so late that
it is not possible for them to prepare for the
review, they are entitled to a postponement
and a member of the Board or a person,
designated by name or position, by the
Chairperson of the Board shall, at the
offender's request, postpone the review for
any reasonable period that the member or
person determines. If the Board receives
information so late that it is not possible for it
to prepare for the review, a member of the
Board or a person, designated by name or
position, by the Chairperson of the Board may
postpone the review for any reasonable period
that the member or person determines.
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47. Subsection 146(1) of the Act is
replaced by the following:
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Constitution
of Appeal
Division
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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 and
a number of part-time members designated by
the Governor in Council, on the
recommendation of the Minister, from among
the members appointed under section 103.
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Senior Board
Member,
Appeal
Division
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(1.1) The Governor in Council shall, on the
recommendation of the Minister, designate, as
Senior Board Member, Appeal Division, a
full-time member who
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48. The portion of subsection 147(2) of
the Act before paragraph (a) is replaced by
the following:
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Decision of
Senior Board
Member
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(2) The Senior Board Member , Appeal
Division, may refuse to hear an appeal,
without causing a full review of the case to be
undertaken, if , in their opinion,
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49. Section 150 of the Act is replaced by
the following:
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Senior Board
Members
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150. (1) The Governor in Council shall, on
the recommendation of the Minister,
designate , for each regional division of the
Board, a full-time Board member as Senior
Board Member .
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Responsibility
to
Chairperson
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(2) A Senior Board Member for a division
is responsible to the Chairperson for the
professional conduct, training and quality of
decision-making of the Board members
assigned to that division.
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50. Subsection 151(1) of the Act is
replaced by the following:
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Executive
Committee
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151. (1) There shall be an Executive
Committee of the Board consisting of the
Chairperson, Vice-Chairperson, Senior Board
Member , Appeal Division, regional Senior
Board Members and two other members of the
Board designated by the Chairperson after
consultation with the Minister.
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1995, c. 42,
s. 58(F)
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51. Subsections 152(7) and (8) of the Act
are replaced by the following:
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Absence,
etc. - Chairp
erson
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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 Vice-Chairperson may
exercise all the powers of the Chairperson.
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Absence,
etc. - Chairp
erson and
Vice-Chairper
son
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(8) In the event of the absence or incapacity
of the Chairperson and Vice-Chairperson or if
the offices of the Chairperson and
Vice-Chairperson are vacant, a full-time
member of the Board designated by the
Minister may exercise all the powers of the
Chairperson.
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52. The Act is amended by adding the
following after section 154:
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Board
members not
to be
witnesses
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154.1 A member of the Board is not a
competent or compellable witness in any civil
proceedings in respect of any matter coming
to their knowledge in the course of the
exercise or purported exercise of their
functions under this or any other Act of
Parliament.
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53. Section 157 of the Act is amended by
adding the following in alphabetical order:
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``statutory
release'' « libération d'office »
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``statutory release'' has the same meaning as
in Part II.
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54. Section 192 of the Act is replaced by
the following:
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Annual
reports
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192. The Correctional Investigator shall,
within five 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. The Minister
shall cause the report to be laid before each
House of Parliament on any of the first 30 days
on which that House is sitting after the day on
which the Minister receives it.
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55. Section 195 of the Act is replaced by
the following:
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Adverse
comments -
annual report
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195. (1) If it appears to the Correctional
Investigator that there may be sufficient
grounds for including in a report under section
192 any comment, information or
recommendation that reflects or might reflect
adversely on any person or organization, the
Correctional Investigator shall
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Adverse
comments -
urgent matters
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(2) If it appears to the Correctional
Investigator that there may be sufficient
grounds for including in a report under section
193 any comment, information or
recommendation that reflects or might reflect
adversely on any person or organization, the
Correctional Investigator shall
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56. Subsection 225(2) of the Act is
repealed.
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57. Schedule I to the Act is amended by
replacing the reference ``(Subsections
107(1), 125(1) and 126(1) and sections 129
and 130)'' after the heading ``SCHEDULE
I'' with the reference ``(Subsections
121.1(1), 129(1), 130(3) and (4), 133(4.1) and
156(3))''.
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2001, c. 41,
s. 91
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58. (1) Paragraph 1(a) of Schedule I to the
Act is replaced by the following:
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(2) Paragraph 1(c) of Schedule I to the
Act is replaced by the following:
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(3) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (g):
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(4) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (j):
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(5) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (r):
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(6) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (w):
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(7) Paragraph 1(z.2) of Schedule I to the
English version of the Act is replaced by the
following:
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(8) Paragraph 1(z.3) of Schedule I to the
Act is replaced by the following:
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59. Schedule I to the Act is amended by
adding the following after section 5:
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5.1 If prosecuted by way of indictment, the
offence of pointing a firearm, as provided for
by subsection 86(1) of the Criminal Code, as
it read immediately before December 1,
1998.
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1996, c. 19,
s. 64
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60. Schedule II to the Act is amended by
replacing the reference ``(Subsections
107(1) and 125(1) and sections 129, 130 and
132)'' after the heading ``SCHEDULE II''
with the reference ``(Subsections 121.1(1),
129(1) and (9), 130(3) and (4) and 156(3))''.
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