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Bill C-40

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R.S., c. C-46

CRIMINAL CODE

1995, c. 42, par. 87(b)

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).

1995, c. 42, par. 87(b)

(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).

TRANSITIONAL PROVISIONS

Work release

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.

Unescorted temporary absences

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.

Accelerated day parole eligibility

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.

Accelerated day parole review

(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.

Accelerated parole review

(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.

Recalculation of statutory release date

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.

(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.

Detention

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.

Automatic suspension, cancellation or revocation

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.

Former Executive Vice- Chairperson

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.

Former Vice-Chairper son, Appeal Division

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.

Former Vice-Chairper sons - region al divisions

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.

COORDINATING AMENDMENTS

Bill C-25

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.

(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:

``working day''
« jour ouvrable »

``working day'' means a day on which offices in the federal public administration are generally open in the province in question.

(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:

155. The definition ``working day'' in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

``working day''
« jour ouvrable »

``working day'' means a day on which offices in the federal public administration are generally open in the province in question.

Bill C-33

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.

(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:

Multiple sentences

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.

(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:

    (a) subsection 107(1), paragraph 138(3)(b) and subsection 139(1) of the Corrections and Conditional Release Act; and

COMING INTO FORCE

Coming into force

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.