Bill C-43

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-43

An Act to amend the Corrections and Conditional Release Act and the Criminal Code

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Strengthening Canada’s Corrections System Act.

CORRECTIONS AND CONDITIONAL RELEASE ACT

2. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

(a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

(b) a relative or dependant of the person,

(c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

3. The heading before section 3 of the Act is replaced by the following:

Purpose and Principles

4. Section 4 of the Act and the heading before it are replaced by the following:

4. The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

(a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the National Parole Board and information obtained from victims, offenders and other components of the criminal justice system;

(b) the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;

(c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to what is necessary and proportionate to the objective for which they are imposed;

(d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully removed or restricted;

(e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

(g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;

(h) offenders are expected to obey penitentiary rules and conditions governing tempo- rary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

(i) staff members are properly selected and trained and are given

(i) appropriate career development opportunities,

(ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

(iii) opportunities to participate in the development of correctional policies and programs.

5. The Act is amended by adding the following after section 15:

6. Subsection 16(2) of the Act is replaced by the following:

(2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

7. (1) Subparagraph 26(1)(b)(ii) of the Act is replaced by the following:

(ii) the name and location of the penitentiary in which the sentence is being served,

(2) Subparagraph 26(1)(b)(vi) of the Act is replaced by the following:

(vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and

8. The portion of section 28 of the Act before paragraph (a) is replaced by the following:

28. If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions, taking into account

9. Section 30 of the Act is amended by adding the following after subsection (2):

10. Section 31 of the Act is replaced by the following:

31. (1) The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.

(2) The inmate is to be released from administrative segregation at the earliest appropriate time.

(3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that

(a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;

(b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or

(c) allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.

11. Section 37 of the Act is replaced by the following:

37. An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that

(a) can only be enjoyed in association with other inmates; or

(b) cannot be enjoyed due to

(i) limitations specific to the administrative segregation area, or

(ii) security requirements.

12. (1) Paragraphs 40(f) and (g) of the Act are replaced by the following:

(f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority;

(g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

(2) Section 40 of the Act is amended by striking out “or” at the end of paragraph (r) and by adding the following after that paragraph:

13. (1) Paragraph 44(1)(c) of the Act is replaced by the following:

(c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

(2) Paragraph 44(1)(f) of the Act is replaced by the following:

(f) in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.

14. The Act is amended by adding the following after section 57:

15. Section 61 of the Act is amended by adding the following after subsection (3):

16. Section 84 of the Act is replaced by the following:

84. If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community

(a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and

(b) an opportunity to propose a plan for the inmate’s release and integration into that community.

17. Subsection 93(2) of the French version of the Act is replaced by the following:

18. Subsection 94(1) of the Act is replaced by the following:

94. (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence.

19. (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following:

(2) Section 96 of the Act is amended by adding the following after paragraph (m):

(3) Paragraph 96(p) of the Act is replaced by the following:

(p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

(4) Paragraph 96(s) of the Act is replaced by the following:

(5) Paragraph 96(y) of the Act is replaced by the following:

(y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

(6) Paragraphs 96(z.6) to (z.8) of the Act are replaced by the following:

(z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

(z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

(z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

20. (1) The definitions “day parole” and “working day” in subsection 99(1) of the Act are replaced by the following:

“day parole” means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval;

“working day” has the same meaning as in Part I.

(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:

21. Section 101 of the Act is replaced by the following:

101. The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows:

(a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;

(b) parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public;

(c) parole boards make decisions that are consistent with the protection of society and that are necessary and proportionate to the purpose of conditional release;

(d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and

(e) offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.

22. Section 103 of the Act is replaced by the following:

103. The National Parole Board is continued and consists of not more than 60 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 10 years and 3 years, respectively.

23. Paragraph 115(1)(c) of the Act is replaced by the following:

(c) in any other case, the longer of

(i) six months, and

(ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

24. The Act is amended by adding the following after section 119.1:

25. Sections 120.1 to 120.3 of the Act are replaced by the following:

120.1 (1) A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of

(2) If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.

120.2 (1) Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of

(a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and

(b) the day on which they have served

(i) the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

(ii) the period of ineligibility in respect of any other portion of that sentence.

(2) If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility to which they are subject, and

(3) If there has been a reduction — under 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 — 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 they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility to which they would have been subject after taking into account the reduction, and

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, the day on which an offender is eligible for full parole shall not be later than

26. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:

121. (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 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 and 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

(2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following:

(2) Paragraphs (1)(b) to (d) do not apply to an offender who is

27. (1) Subsection 122(4) of the Act is replaced by the following:

(4) No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board

(b) does not grant day parole; or

(2) Subsection 122(6) of the Act is replaced by the following:

(6) An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

28. (1) Subsections 123(1) and (2) of the Act are replaced by the following:

123. (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review 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.

(2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.

(2) Subsections 123(5) to (7) of the Act are replaced by the following:

(5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

(6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board

(b) does not grant full parole; or

(7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

29. Subsection 124(1) of the Act is replaced by the following:

124. (1) The Board is not required to review the case of an offender who is unlawfully at large during the period prescribed by the regulations for a review under section 122, 123 or 126 but it shall review the case as soon as possible after being informed of the offend- er’s return to custody.

30. Subparagraph 125(1)(a)(ii.1) of the Act is replaced by the following:

(ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc., property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

31. Subsection 127(5) of the Act is replaced by the following:

(5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release is revoked is

(a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or

32. The Act is amended by adding the following after section 127:

33. Subsections 128(3) and (4) of the Act are replaced by the following:

(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 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, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.

(4) Despite this Act, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole.

34. (1) Subsections 129(2) and (3) of the Act are replaced by the following:

(2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that

(a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,

(i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or

(ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or

(b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.

(3) If the Commissioner believes on reasonable grounds that an offender 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 practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless

(a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or

(b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.

(2) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (iv):

(3) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (vii):

35. Subsection 130(5) of the Act is replaced by the following:

(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, except on a temporary absence with escort under Part I for medical or administrative reasons.

36. Subsection 133(4.1) of the Act is replaced by the following:

(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 a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.

37. Subsection 134(2) of the Act is repealed.

38. Subsection 134.2(2) of the Act is repealed.

39. (1) Subsection 135(2) of the Act is replaced by the following:

(2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary.

(2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following:

(3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, forthwith after the recommitment of the offender, review the offender’s case and

(3) Section 135 of the Act is amended by adding the following after subsection (3):

(4) Subsection 135(5) of the Act is replaced by the following:

(5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless the Board, at the offender’s request, adjourns the hearing or a member of the Board or a person designated, by name or position, by the Chairperson postpones the review —

(a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,

(b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and

(c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.

(5) Section 135 of the Act is amended by adding the following after subsection (6.1):

(6) Subsections 135(9.1) to (9.5) of the Act are replaced by the following:

(9.1) 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 (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who

(a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or

(b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.

(9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence 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. 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.

40. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following:

(6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),

(a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or

41. Section 136 of the Act is replaced by the following:

136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if

(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or

42. The Act is amended by adding the following after section 137:

43. Subsection 138(6) of the Act is replaced by the following:

(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).

44. The heading before section 139 of the Act is replaced by the following:

Merged Sentences

45. Subsection 139(1) of the Act is replaced by the following:

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.

46. (1) Paragraph 140(1)(b) of the Act is replaced by the following:

(b) the first review for full parole under subsection 123(1), including the review conducted under subsection 126(4), and subsequent reviews under subsection 123(5) or (5.1);

(2) Section 140 of the Act is amended by adding the following after subsection (9):

47. Subsection 141(3) of the Act is replaced by the following:

(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 the 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.

48. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

49. Subsection 144(1) of the Act is replaced by the following:

144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or 3(c) of the Criminal Code and its reasons for those decisions.

50. Subsection 146(1) of the Act is replaced by the following:

146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members 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.

51. The Act is amended by adding the following after section 154:

52. Section 157 of the Act is amended by adding the following in alphabetical order:

53. Subsection 225(2) of the Act is repealed.

54. Schedule I to the Act is amended by replacing “(Subsections 107(1), 125(1) and 126(1) and sections 129 and 130)” after the heading “SCHEDULE I” with “(Subsections 107(1), 125(1), 126(7), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3))”.

55. (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) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):

(3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:

(c) section 87 (pointing a firearm);

(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):

(5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):

(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):

(7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):

(8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):

(9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):

(10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):

(11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):

(12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):

(13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):

(14) 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);

(15) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:

(z.3) sections 343 and 344 (robbery);

56. Schedule I to the Act is amended by adding the following after section 5:

57. Schedule II to the Act is amended by replacing “(Subsections 107(1) and 125(1) and sections 129, 130 and 132)” after the heading “SCHEDULE II” with “(Subsections 107(1), 125(1), 129(1), (2) and (9), 130(3) and (4) and 156(3))”.

CRIMINAL CODE

58. Subsection 753.2(3) of the Criminal Code is replaced by the following:

(3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.

TRANSITIONAL PROVISIONS

59. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 31, 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.

60. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraph (a)(iv.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 34, 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.

61. 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 39, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

COMING INTO FORCE

62. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.