Bill C-40
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| R.S., c. C-46
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CRIMINAL CODE |
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| 1995, c. 42,
par. 87(b)
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61. (1) Subsection 746.1(2) of the
Criminal Code is amended by adding the
word ``and'' at the end of paragraph (a), by
striking out the word ``and'' at the end of
paragraph (b) and by repealing paragraph
(c).
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| 1995, c. 42,
par. 87(b)
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(2) Subsection 746.1(3) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a), by striking out the
word ``and'' at the end of paragraph (b) and
by repealing paragraph (c).
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TRANSITIONAL PROVISIONS |
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| Work release
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62. A work release that was authorized
under section 18 of the Corrections and
Conditional Release Act before the day on
which this section comes into force
continues, on or after the day on which this
section comes into force, as if it were a
structured program of work in the
community authorized under
subparagraph 17(1)(b)(iii) of that Act.
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| Unescorted
temporary
absences
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63. An unescorted temporary absence
that was authorized before the day on which
this section comes into force continues, on
or after the day on which this section comes
into force, as if it were authorized under the
Corrections and Conditional Release Act, as
amended by this Act.
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| Accelerated
day parole
eligibility
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64. (1) Section 119.1 of the Corrections
and Conditional Release Act, as enacted by
section 23 of this Act, applies only in respect
of an offender who is sentenced, committed
or transferred to a penitentiary for the first
time, other than under an agreement
referred to in paragraph 16(1)(b) of that
Act, on or after the day on which this section
comes into force.
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| Accelerated
day parole
review
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(2) Section 121.1 of the Corrections and
Conditional Release Act, as enacted by
section 26 of this Act, applies only in respect
of an offender who is sentenced, committed
or transferred to a penitentiary for the first
time, other than under an agreement
referred to in paragraph 16(1)(b) of that
Act, on or after the day on which this section
comes into force.
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| Accelerated
parole review
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(3) The accelerated parole review process
for an offender who was sentenced,
committed or transferred to a penitentiary
for the first time - other than under an
agreement referred to in paragraph
16(1)(b) of the Corrections and Conditional
Release Act - before the day on which this
section comes into force continues as if
section 26 of this Act had not been enacted.
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| Recalculation
of statutory
release date
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65. (1) Subsection 127(5) of the
Corrections and Conditional Release Act, as
enacted by section 31 of this Act, applies
only in respect of an offender whose parole
or statutory release is revoked on or after
the day on which this section comes into
force.
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(2) Subsection 127(5.1) of the Corrections
and Conditional Release Act, as enacted by
section 31 of this Act, applies only in respect
of an offender who is on parole or statutory
release and who receives an additional
sentence for an offence under an Act of
Parliament on or after the day on which this
section comes into force.
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| Detention
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66. Subparagraph 129(1)(a)(ii) and
subparagraph (a)(iv.1) of the definition
``sexual offence involving a child'' in
subsection 129(9) of the Corrections and
Conditional Release Act, as enacted by
section 34 of this Act, apply in respect of an
offender who is sentenced in respect of an
offence referred to in either subparagraph,
even if they were sentenced, committed or
transferred to a penitentiary before the day
on which this section comes into force.
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| Automatic
suspension,
cancellation
or revocation
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67. Subsections 135(1.1) to (3.1), (6.2) to
(6.4), (9.1) and (9.2) of the Corrections and
Conditional Release Act, as enacted or
amended by section 38 of this Act, apply
only in respect of an offender who receives
an additional sentence for an offence under
an Act of Parliament on or after the day on
which this section comes into force.
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| Former
Executive
Vice-
Chairperson
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68. The person who holds the office of
Executive Vice-Chairperson of the National
Parole Board immediately before the day
on which this section comes into force
continues in office as the Vice-Chairperson
of the Board for the remainder of the term
for which they were appointed Executive
Vice-Chairperson.
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| Former
Vice-Chairper
son, Appeal
Division
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69. The person who holds the office of
Vice-Chairperson, Appeal Division of the
National Parole Board immediately before
the day on which this section comes into
force continues in office as the Senior Board
Member, Appeal Division for the
remainder of the term for which they were
appointed Vice-Chairperson.
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| Former
Vice-Chairper
sons - region
al divisions
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70. A person who holds the office of
Vice-Chairperson of a regional division of
the National Parole Board immediately
before the day on which this section comes
into force continues in office as the Senior
Board Member of the regional division for
the remainder of the term for which they
were appointed Vice-Chairperson.
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COORDINATING AMENDMENTS |
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| Bill C-25
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71. (1) Subsections (2) and (3) apply if Bill
C-25, introduced in the 2nd Session of the
37th Parliament and entitled the Public
Service Modernization Act (referred to in
this section as the ``other Act''), receives
royal assent.
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(2) If section 155 of the other Act comes
into force before, or at the same time as,
subsection 1(3) of this Act, then, on the
coming into force of that subsection, the
definition ``working day'' in subsection 2(1)
of the Corrections and Conditional Release
Act is replaced by the following:
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| ``working
day'' « jour ouvrable »
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``working day'' means a day on which offices
in the federal public administration are
generally open in the province in question.
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(3) If subsection 1(3) of this Act comes
into force before section 155 of the other
Act, then, on the coming into force of that
subsection, section 155 of the other Act is
replaced by the following:
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155. The definition ``working day'' in
subsection 2(1) of the Corrections and
Conditional Release Act is replaced by the
following:
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| ``working
day'' « jour ouvrable »
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``working day'' means a day on which offices
in the federal public administration are
generally open in the province in question.
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| Bill C-33
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72. (1) Subsections (2) and (3) apply if Bill
C-33, introduced in the 2nd Session of the
37th Parliament and entitled the
International Transfer of Offenders Act
(referred to in this section as the ``other
Act''), receives royal assent.
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(2) If paragraph 40(1)(a) of the other Act
comes into force before, or at the same time
as, section 44 of this Act, then, on the
coming into force of that section, subsection
139(1) of the Corrections and Conditional
Release 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
International 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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(3) If section 44 of this Act comes into
force before paragraph 40(1)(a) of the other
Act, then, on the coming into force of that
section, that paragraph is replaced by the
following:
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COMING INTO FORCE |
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| Coming into
force
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73. The provisions of this Act, other than
sections 71 and 72, come into force on a day
or days to be fixed by order of the Governor
in Council.
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