Bill C-46
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Merged Sentences
1995, c. 42, s. 54
44. Subsection 139(1) of the 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.
1995, c. 42, s. 55(1)(E)
45. (1) Paragraph 140(1)(b) of the Act is replaced by the following:
(a.1) the review under subsection 122(1.1);
(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);
(2) Subsection 140(1) of the Act is amended by adding the following after paragraph (c):
(c.1) a review at which the Board intends to impose a condition under subsection 133(4.1), unless the review takes place within 45 days before the statutory release date;
(3) Section 140 of the Act is amended by adding the following after subsection (3):
Review of decision to impose condition under subsection 133(4.1)
(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.
(4) Section 140 of the Act is amended by adding the following after subsection (9):
Presentation of statements
(10) If they are attending a hearing as an observer,
(a) a victim may present a statement describing the harm done or damage suffered as a result of the commission of the offence and the continuing impact of the offence and commenting on the possible release of the offender; and
(b) a person referred to in subsection 142(3) may present a statement describing the harm done or damage suffered as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code and commenting on the possible release of the offender.
Presentation of statements in absence of person
(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.
Communication of statement in writing
(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).
46. (1) Subsection 141(2) of the English version of the Act is replaced by the following:
Information received late
(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.
(2) Subsection 141(3) of the Act is replaced by the following:
Waiver and postponement
(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.
47. (1) Subsection 142(1) of the Act is amended by striking out the word “and” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) shall provide the victim with access to a recording of the most recent hearing conducted by the Board in respect of the offender; and
1995, c. 22, s. 13 (Sch. II, item 12), c. 42, subpars. 71(a)(xx)(F) and 72(a)(iii)(F)
(2) Subparagraph 142(1)(b)(iii) of the Act is replaced by the following:
(iii) the date, if any, on which the offender is to be released on unescorted temporary absence, parole or statutory release,
(3) Paragraph 142(1)(b) of the Act is amended by striking out the word “and” at the end of subparagraph (vii), by adding the word “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):
(ix) if the case is before the Board for review, the programs — that were designed to address the needs of the offender and contribute to their successful integration into the community — in which the offender is participating or has participated.
48. Subsection 146(1) of the Act is replaced by the following:
Constitution of Appeal Division
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.
Senior Board Member, Appeal Division
(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
(a) is a member in good standing of the bar of a province or the Chambre des notaires du Québec; and
(b) has been a member of the bar or Chambre for at least five years.
49. The portion of subsection 147(2) of the Act before paragraph (a) is replaced by the following:
Decision of Senior Board Member
(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,
50. Section 150 of the Act is replaced by the following:
Senior Board Members
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.
Responsibility to Chairperson
(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.
51. Subsection 151(1) of the Act is replaced by the following:
Executive Committee
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.
52. Subsections 152(7) and (8) of the Act are replaced by the following:
Absence, etc. — Chairperson
(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.
Absence, etc. — Chairperson and Vice-Chairperson
(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.
53. The Act is amended by adding the following after section 154:
Board members not to be witnesses
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.
54. Section 157 of the Act is amended by adding the following in alphabetical order:
“statutory release”
« libération d’office »
« libération d’office »
“statutory release” has the same meaning as in Part II.
55. Section 192 of the Act is replaced by the following:
Annual reports
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.
56. Section 195 of the Act is replaced by the following:
Adverse comments — annual report
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
(a) within two months after the end of the fiscal year, provide it to the person or organization; and
(b) in respect of any representation received within four months after the end of the fiscal year,
(i) in the case of a representation from the Correctional Service of Canada, attach the representation to their report, and
(ii) in the case of a representation from another organization or a person, attach the representation to their report or include a fair and accurate summary of it in their report.
Adverse comments — urgent matters
(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
(a) provide the comment, information or recommendation to the person or organization; and
(b) in respect of any representation received within a reasonable period after the Correctional Investigator provided the comment, information or recommendation
(i) in the case of a representation from the Correctional Service of Canada, attach the representation to their report, and
(ii) in the case of a representation from another organization or a person, attach the representation to their report or include a fair and accurate summary of it in their report.
57. Subsection 225(2) of the Act is repealed.
58. 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))”.
2001, c. 41, s. 91
59. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:
(a) sections 46 and 47 (high treason);
(a.01) section 75 (piratical acts);
(2) Paragraph 1(c) of Schedule I to the Act is replaced by the following:
(c) section 87 (pointing a firearm);
(3) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):
(g.1) section 153.1 (sexual exploitation of person with disability);
(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):
(j.1) section 163.1 (child pornography);
(5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):
(m.1) section 172.1 (luring a child);
(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):
(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);
(7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):
(s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);
(8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):
(w.1) section 269.1 (torture);
(9) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:
(z.2) section 279 (kidnapping and forcible confinement);
(10) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:
(z.3) sections 343 and 344 (robbery);
60. Schedule I to the Act is amended by adding the following after section 5:
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.
1996, c. 19, s. 64
61. 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))”.
R.S., c. C-46
CRIMINAL CODE
1995, c. 42, par. 87(b)
62. (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
63. 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, as enacted by section 4 of this Act.
Unescorted temporary absences
64. 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
65. (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
66. 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
67. 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
68. 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 on or after the day on which this section comes into force.
Former Executive Vice-Chairperson
69. 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-Chairperson, Appeal Division
70. 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-Chairpersons — regional divisions
71. 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.
COMING INTO FORCE
Order in council
72. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Clause 44: Subsection 139(1) reads as follows:
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.
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:
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:
...
(b) the first review for full parole pursuant to subsection 123(1), including the review conducted pursuant to subsection 126(4), and subsequent reviews pursuant to subsection 123(5);
(3) and (4) New.
Clause 46: (1) and (2) Subsections 141(2) and (3) read as follows:
(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.
(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.
Clause 47: (1) to (3) The relevant portion of subsection 142(1) reads as follows:
142. (1) At the request of a victim of an offence committed by an offender, the Chairperson
...
(b) may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,
...
(iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
Clause 48: Subsection 146(1.1) is new. Subsection 146(1) reads as follows:
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.
Clause 49: The relevant portion of subsection 147(2) reads as follows:
(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,
Clause 50: Section 150 reads as follows:
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.
(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.
Clause 51: Subsection 151(1) reads as follows:
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.
Clause 52: Subsections 152(7) and (8) read as follows:
(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.
(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.
Clause 53: New.
Clause 54: New.
Clause 55: Section 192 reads as follows:
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.
Clause 56: Section 195 reads as follows:
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.
Clause 57: Subsection 225(2) reads as follows:
(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.
Criminal Code
Clause 62: (1) The relevant portion of subsection 746.1(2) reads as follows:
(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,
...
(c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.
(2) The relevant portion of subsection 746.1(3) reads as follows:
(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,
...
(c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts.