Bill C-10

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Commission des libérations conditionnelles du canada

1993, c. 34, s. 57(F)

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

Board continued

103. The National Parole Board is continued as the Parole Board of Canada and consists of not more than 60 full-time members and a number of part-time members all of whom are 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 three years, respectively.

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

(i) six months, and

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

75. The Act is amended by adding the following after section 119:

Definition of “sentence”

119.1 For the purposes of sections 119.2 to 120.3, and unless the context requires otherwise, “sentence” means a sentence that is not constituted under subsection 139(1).

Youth sentence

119.2 For the purposes of sections 120 to 120.3, the eligibility for parole of a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a provincial correctional facility for adults or a penitentiary under section 89, 92 or 93 of that Act shall be determined on the basis of the total of the custody and supervision periods of the youth sentence.

1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 1998, c. 35, s. 113(1); 2000, c. 24, ss. 39 and 40

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

Multiple sentences on same day

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

(a) the period of ineligibility in respect of any portion of the sentence constituted under 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

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

One or more additional consecutive sentences

(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.

Additional sentence to be served consecutively to portion of sentence

(3) Despite subsection (2), if an offender who is serving a sentence or a sentence that was constituted under subsection 139(1) receives an additional sentence or two or more sentences that are to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences including a sentence to be served concurrently with the sentence being served and one or more sentences to be served consecutively to the additional concurrent sentence — 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, any remaining period of ineligibility to which they are subject and the longer of the following periods:

(a) one third of the period that equals the difference between the length of the sentence that was constituted under subsection 139(1), including the additional sentence or sentences, and the length of the sentence that they are serving when the additional sentence is or sentences are imposed; or

(b) the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.

Additional concurrent sentence

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.

One or more sentences in addition to life 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

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

Reduction of period of ineligibility for parole

(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

Maximum period

(a) in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;

(b) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and

(c) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.

1998, c. 35, s. 115

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

Exceptional cases

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:

Exceptions

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

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

No application for one year

(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 does not grant day parole or cancels or terminates parole.

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

Withdrawal of application

(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.

1995, c. 42, par. 69(g)(E)

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

Full parole review

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.

Waiver of review

(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.

1995, c. 42, s. 37(2)

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

Further review — Board does not grant parole

(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

Further review — Board terminates or cancels parole

(5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until

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

(b) the offender’s sentence expires; or

No application for one year

(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 does not grant full parole or cancels or terminates parole.

Withdrawal of application

(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.

2011, c. 11, s. 4(1)

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

Offenders unlawfully at large

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 or 123 but it shall review the case as soon as possible after being informed of the offender’s return to custody.

1995, c. 42, s. 41

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

If parole or statutory release revoked

(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

(b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.

If additional sentence

(5.1) If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence,

(a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and

(b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.

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

Youth Criminal Justice Act

127.1 Subject to this Act, a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired.

2001, c. 27, s. 242

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

Sentence deemed to be completed

(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.

Removal order

(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.

1995, c. 42, ss. 44(2) to (4)

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

Referral of cases to Board

(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.

Referral of cases to Chairperson of Board

(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):

(iv.1) section 163.1 (child pornography),

(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):

(vii.1) section 172.1 (luring a child),

1995, c. 42, s. 45(3)

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

Temporary absence with escort

(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.

1995, c. 42, s. 48(1)

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

Residence requirement

(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.

1995, c. 42, subpar. 71(a)(xviii)(F)

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

1997, c. 17, s. 30

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

1995, c. 42, s. 50(2)

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

Automatic suspension of parole or statutory release

(1.1) If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed.

Apprehension and recommitment

(1.2) If an offender’s parole or statutory release is suspended under subsection (1.1), 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 the offender’s apprehension and recommitment to custody until

(a) the suspension is cancelled;

(b) the parole or statutory release is terminated or revoked; or

Transfer of offender

(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.

1995, c. 42, s. 50(3)

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

Cancellation of suspension or referral

(3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, immediately 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):

Referral to Board — additional sentence

(3.1) If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3).

1995, c. 42, ss. 50(4) and (5)

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

Review by Board — sentence of two years or more

(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,

(i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and

(ii) revoke it in any other case;

(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):

If parole eligibility date in future

(6.2) If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be.

Cancellation of parole — parole eligibility date in future

(6.3) If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole.

Review

(6.4) If the Board exercises its power under subsection (6.3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review — and either confirm or cancel — its decision.

1995, c. 22, s. 18 (Sch. IV, item 19), c. 42, s. 50(7); 1997, c. 17, s. 32.1

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

Non-application of subsection (1.1)

(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.

Parole inoperative

(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.

1997, c. 17, s. 33

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

Review by Board

(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

1997, c. 17, s. 33

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

Warrant for apprehension and recommitment

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

(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).

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

Arrest without warrant — breach of conditions

137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer

(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to

(i) establish the identity of the person, or

(ii) prevent the continuation or repetition of the breach; and

(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.

1995, c. 42, s. 53

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

Effect of revocation on statutory release

(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).

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

Merged Sentences

1995, c. 42, s. 54

95. 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.

2011, c. 11, s. 6

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

(b) the first review for full parole under subsection 123(1) 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):

Presentation of statements

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — 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 to them or loss suffered by them 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 — including any safety concerns — 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) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

97. 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 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.

1995, c. 42, subpar. 71(a)(xxi)(F)

98. (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following:

(v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,

(2) 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):

(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.

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

Registry of decisions

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.

100. 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 members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.

101. 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.

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

“statutory release”
« libération d’office »

“statutory release” has the same meaning as in Part II.

2001, c. 41, s. 91

103. (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):

(a.6) section 83.18 (participation in activity of terrorist group);

(a.7) section 83.19 (facilitating terrorist activity);

(a.8) section 83.2 (commission of offence for terrorist group);

(a.9) section 83.21 (instructing to carry out activity for terrorist group);

(a.91) section 83.22 (instructing to carry out terrorist activity);

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

(c.1) section 98 (breaking and entering to steal firearm);

(c.2) section 98.1 (robbery to steal firearm);

(4) 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);

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

(j.1) section 163.1 (child pornography);

(6) 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);

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

(n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);

(8) 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);

(r.2) section 244.2 (discharging firearm — recklessness);

(r.3) section 245 (administering noxious thing);

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

(s.01) section 247 (traps likely to cause bodily harm);

(s.02) section 248 (interfering with transportation facilities);

(10) 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);

(s.12) section 249.2 (causing death by criminal negligence (street racing));

(s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));

(s.14) section 249.4 (dangerous operation of motor vehicle while street racing);

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

(s.4) section 264.1 (uttering threats);

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

(w.1) section 269.1 (torture);

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

(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);

(x.2) section 270.02 (aggravated assault of peace officer);

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

(z.11) section 273.3 (removal of child from Canada);

(15) 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);

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

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

(z.301) section 346 (extortion);

104. 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.

Transitional Provisions

Recalculation of statutory release date

105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, 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

106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, 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

107. 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 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

R.S., c. C-47

Criminal Records Act

108. The long title of the Criminal Records Act is replaced by the following:

An Act to provide for the suspension of the records of persons who have been convicted of offences and have subse- quently rehabilitated themselves

1992, c. 22, s. 1(1); 2010, c. 5, par. 7.1(a)(E) and 7.3(a)(F)

109. (1) The definition “pardon” in subsection 2(1) of the Act is repealed.

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

“child”
« enfant »

“child” means a person who is less than 18 years of age;

“Executive Committee”
« Bureau »

“Executive Committee” means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act;

“record suspension”
« suspension du casier »

“record suspension” means a measure ordered by the Board under section 4.1;

“service offence”
« infraction d’ordre militaire »

“service offence” has the same meaning as in subsection 2(1) of the National Defence Act;

1992, c. 22, s. 2(1); 2010, c. 5, ss. 7.2(E) and 7.5(F)

110. Section 2.1 of the Act is replaced by the following:

Jurisdiction of the Board

2.1 The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension.

1992, c. 22, s. 2(1)

111. (1) Subsection 2.2(1) of the Act is replaced by the following:

Quorum

2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board.

1992, c. 22, ss. 2(1) and (2)(E)

(2) Subsection 2.2(2) of the English version of the Act is replaced by the following:

Panel of two or more persons

(2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one.

112. The Act is amended by adding the following after section 2.2:

EFFECT OF RECORD SUSPENSION

Effect of record suspension

2.3 A record suspension

(a) is evidence of the fact that

(i) the Board, after making inquiries, was satisfied that the applicant was of good conduct, and

(ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and

(b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offend- ers Act.

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

APPLICATION FOR RECORD SUSPENSION

1992, c. 22, s. 3; 2004, c. 21, par. 40(1)(b)

114. Subsection 3(1) of the Act is replaced by the following:

Application for record suspension

3. (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty.

1997, c. 17, s. 38; 2010, c. 5, s. 2

115. Sections 4 and 4.01 of the Act are replaced by the following:

Restrictions on application for record suspension

4. (1) A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

(a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or

(b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a).

Ineligible persons

(2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of

(a) an offence referred to in Schedule 1; or

(b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more.

Exception

(3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that

(a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her;

(b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and

Onus — exception

(4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met.

Amendment of Schedule 1

(5) The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence.

Exception — long-term supervision

4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1).

2010, c. 5, s. 3

116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:

Record suspension

4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that

(a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

(b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

Onus on applicant

(2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

2010, c. 5, s. 3

(2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following:

Factors

(3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider

2010, c. 5, s. 3

(3) Paragraph 4.1(3)(c) of the Act is replaced by the following:

(c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and

2010, c. 5, s. 4

117. (1) Subsections 4.2(1) and (2) of the Act are replaced by the following:

Inquiries

4.2 (1) On receipt of an application for a record suspension, the Board

(a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application;

(b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

(c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute.

Entitlement to make representations

(2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

2000, c. 1, s. 2

(2) Subsection 4.2(4) of the Act is replaced by the following:

Waiting period

(4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension.

118. The Act is amended by adding the following after section 4.3:

Functions of Executive Committee

4.4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings.

1992, c. 22, s. 5; 2000, c. 1, s. 3; 2010, c. 5, s. 5, c. 17, s. 64

119. Section 5 of the Act and the heading before it are repealed.

2000, c. 1, s. 5(E); 2010, c. 5, par. 7.1(b)(E)

120. Subsections 6(1) and (2) of the Act are replaced by the following:

Records to be delivered to Commissioner

6. (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody.

Records to be kept separate and not to be disclosed

(2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. No such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Minister.

1992, c. 22, s. 6

121. The portion of section 6.2 of the Act before paragraph (a) is replaced by the following:

Disclosure to police forces

6.2 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found

2000, c. 1, s. 6; 2010, c. 5, s. 6(1)

122. (1) Subsections 6.3(1) to (3) of the Act are replaced by the following:

Definition of “vulnerable person”

6.3 (1) In this section, “vulnerable person” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent,

(a) is in a position of dependency on others; or

(b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them.

Notation of records

(2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered.

Verification

(3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

(a) the position is one of trust or authority towards that child or vulnerable person; and

(b) the applicant has consented in writing to the verification.

2010, c. 5, s. 6(2)

(2) Subsection 6.3(9) of the Act is replaced by the following:

Amendment of Schedule 2

(9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence.

2000, c. 1, s. 6; 2010, c. 5, par. 7.1(c)(E) and s. 7.4(F)

123. Section 6.4 of the Act is replaced by the following:

Operation of section 6.3

6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction.

1992, c. 22, s. 7; 2010, c. 5, par. 7.1(d)(E)

124. Section 7 of the Act is replaced by the following:

Revocation of record suspension

7. A record suspension may be revoked by the Board

(a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii);

(b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or

(c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application.

2000, c. 1, s. 7; 2010, c. 5, par. 7.1(e)(E)

125. (1) Subsection 7.1(1) of the Act is replaced by the following:

Entitlement to make representations

7.1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

2000, c. 1, s. 7

(2) Subsection 7.1(2) of the English version of the Act is replaced by the following:

Board to consider representations

(2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1).

2000, c. 1, s. 7; 2010, c. 5, s. 6.1(E) and par. 7.1(f)(E) and 7.3(b)(F)

126. Section 7.2 of the Act is replaced by the following:

Cessation of effect of record suspension

7.2 A record suspension ceases to have effect if

(a) the person to whom it relates is subsequently convicted of

(i) an offence referred to in paragraph 4(1)(a), or

(ii) any other offence under the Criminal Code, except subsection 255(1), or under the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or

(b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered.

1992, c. 22, s. 8(1); 2010, c. 5, par. 7.1(g)(E)

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

Applications for employment

8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:

128. The Act is amended by adding the following after section 9:

Disclosure of decisions

9.01 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing.

2000, c. 1, s. 8

129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following:

(c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);

(2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph:

(c.2) respecting the disclosure of decisions under section 9.01; and

130. The Act is amended by adding the following after section 10:

Explanatory Notes

Clause 73: Existing text of section 103:

103. The National Parole Board is hereby continued, to consist of not more than forty-five 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 ten years and three years, respectively.

Clause 74: Relevant portion of subsection 115(1):

115. (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

...

(i) one half of the period required to be served by the offender to reach the offender’s full parole eligibility date, or

(ii) six months,

Clause 75: New.

Clause 76: Existing text of sections 120.1 to 120.3:

120.1 (1) Where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

(a) any remaining period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed; and

(b) the period of ineligibility in relation to the additional sentence.

(2) Notwithstanding subsection (1), where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to a portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the latest of

(a) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence the offender was serving when the additional sentence was imposed,

(b) the day on which the offender has served, commencing on the date on which the additional sentence was imposed, the period of ineligibility for full parole in relation to the additional sentence, and

(c) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence that includes the additional sentence as provided by subsection 139(1).

120.2 (1) Subject to subsection (2), where an offender who is serving a sentence receives an additional sentence that is to be served concurrently with any portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the later of

(a) the day on which the offender has served the period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed, and

(b) the day on which the offender has served

(i) the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and 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 relation to any other portion of that sentence.

(2) Where an offender who is sentenced to life imprisonment or for an indeterminate period receives an additional sentence for a determinate period, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

(a) any remaining period of ineligibility to which the offender is subject; and

(b) the period of ineligibility in relation to the additional sentence.

(3) Where, pursuant to 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, there has been a reduction 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 the offender has served, commencing on the day on which the additional sentence was imposed,

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

(b) the period of ineligibility in relation to the additional sentence.

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, where an offender who is serving a sentence receives an additional sentence, the day on which the offender is eligible for full parole shall not be later than the day on which the offender has served fifteen years from the day on which the last of the sentences was imposed.

Clause 77: (1) Relevant portion of subsection 121(1):

121. (1) Subject to section 102 and notwithstanding sections 119 to 120.3 or 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) Relevant portion of subsection 121(2):

(2) Subsection (1) does not apply to an offender who is

Clause 78: (1) Existing text of subsection 122(4):

(4) Where the Board decides not to grant day parole, no further application for day parole may be made until six months after the decision or until such earlier time as the regulations prescribe or the Board determines.

(2) Existing text of subsection 122(6):

(6) An offender may withdraw an application for day parole at any time before the commencement of the review under this section.

Clause 79: (1) Existing text of subsections 123(1) and (2):

123. (1) Subject to subsection (2), the Board shall, at the time prescribed by the regulations, review, for the purpose of full parole, 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) or (5) to review the case of an offender who has advised the Board in writing that the offender does not wish to be considered for full parole and who has not in writing revoked that advice.

(2) Existing text of subsections 123(5) to (7):

(5) Where the Board decides not to grant parole following a review pursuant to section 122 or subsection (1) or a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of

(a) the date on which the first review under this section took place or was scheduled to take place, and

(b) the date on which the first review under section 122 took place,

and thereafter within two years after the date on which each preceding review under this section or section 122 took place or was scheduled to take place, until

(d) the sentence of the offender expires; or

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

(6) Where the Board decides not to grant full parole following a review pursuant to this section, no further application for full parole may be made until six months after the decision or until such earlier time as the regulations prescribe or the Board determines.

(7) An offender may withdraw an application for full parole at any time before the commencement of the review under this section.

Clause 80: Existing text of subsection 124(1):

124. (1) The Board is not required to review the case of an offender who is unlawfully at large at the time prescribed for a review under section 122 or 123, but shall do so as soon as possible after being informed of the offender’s return to custody.

Clause 81: Existing text of subsection 127(5):

(5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release has been revoked is the day on which the offender has served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or a revocation under section 135.

Clause 82: New.

Clause 83: Existing text of subsections 128(3) and (4):

(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 40 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 or 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 or the Prisons and Reformatories Act, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is ineligible for day parole or an unescorted temporary absence until the offender is eligible for full parole.

Clause 84: (1) Existing text of subsections 129(2) and (3):

(2) After the review of the case of an offender pursuant to subsection (1), and not later than six months before the statutory release date, the Service shall refer the case to the Board together with all the information that, in its opinion, is relevant to it, where the Service is of the opinion

(a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, that

(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 before the expiration of the offender’s sentence according to law; or

(b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, that 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) Where the Commissioner believes on reasonable grounds that an offender who is serving a sentence of two years or more 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 is practicable after forming that belief, but the referral may not be made later than six months before the offender’s statutory release date unless

(a) the Commissioner formed that belief on the basis of behaviour of the offender during the six months preceding the statutory release date or on the basis of information obtained during those six months; or

(b) as a result of any recalculation of the sentence under this Act, the statutory release date of the offender has passed or less than six months remain before that date.

(2) and (3) Relevant portion of the definition:

“sexual offence involving a child” means

(a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,

Clause 85: Existing text of subsection 130(5):

(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 under this Act except on a temporary absence with escort for medical purposes under Part I.

Clause 86: Existing text of subsection 133(4.1):

(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 in a psychiatric facility, where the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I before the expiration of the offender’s sentence according to law.

Clause 87: Existing text of subsection 134(2):

(2) In this section, “parole supervisor” means

(a) a staff member as defined in subsection 2(1); or

(b) a person entrusted by the Service with the guidance and supervision of an offender on parole, statutory release or unescorted temporary absence.

Clause 88: Existing text of subsection 134.2(2):

(2) In this section, “parole supervisor” means

(a) a staff member as defined in subsection 2(1); or

(b) a person entrusted by the Service with the guidance and supervision of an offender who is required to be supervised by a long-term supervision order.

Clause 89: (1) Existing text of subsection 135(2):

(2) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is recommitted to custody pursuant to subsection (1) in a place other than a penitentiary.

(2) Relevant portion of subsection 135(3):

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

(3) New.

(4) Existing text of subsection 135(5):

(5) The Board shall, on the referral to it of the case of an offender serving a sentence of two years or more, review the case and, within the period prescribed by the regulations, unless the Board grants an adjournment at the offender’s request,

(a) cancel the suspension, where the Board is satisfied that, in view of the offender’s behaviour since release, the offender will not, by reoffending before the expiration of the offender’s sentence according to law, present an undue risk to society;

(b) where the Board is not satisfied as provided in paragraph (a), terminate the parole or statutory release of the offender if it was suspended by reason of circumstances beyond the offender’s control or revoke it in any other case; or

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

(5) New.

(6) Existing text of subsections 135(9.1) to (9.5):

(9.1) Where an offender whose parole or statutory release has not been terminated or revoked is incarcerated as a result of an additional sentence for an offence under an Act of Parliament, the parole or statutory release, as the case may be, is revoked on the day on which the offender is incarcerated as a result of the additional sentence.

(9.2) Subsection (9.1) does not apply where the additional sentence is to be served concurrently with, and is in respect of an offence committed before the commencement of, the sentence to which the parole or statutory release applies.

(9.3) Where an offender who is released on parole receives an additional sentence described in subsection (9.2) and the day determined in accordance with section 119, 120 or 120.2, as the case may be, on which the offender is eligible for parole is later than the day on which the offender received the additional sentence, the parole becomes inoperative and the offender shall be reincarcerated.

(9.4) 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 (9.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (9.1) 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 (9.1), is required, pursuant to section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.

(9.5) Where an offender to whom subsection (9.1) does not apply who is on parole that has not been revoked or terminated receives an additional sentence, for an offence under an Act of Parliament, 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 and, 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.

Clause 90: Relevant portion of subsection 135.1(6):

(6) The Board shall, on the referral to it of the case of an offender, review the case and, within sixty days after the date of the referral,

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

(b) where the Board is not satisfied as provided in paragraph (a), cancel the suspension and order the resumption of long-term supervision on any conditions that the Board considers necessary to protect society; or

Clause 91: Existing text of section 136:

136. When the parole or statutory release of an offender is terminated or revoked or where it becomes inoperative pursuant to subsection 135(9.3) or (9.5), a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.

Clause 92: New.

Clause 93: Existing text of subsection 138(6):

(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 section 127.

Clause 94: Existing text of the heading:

Multiple Sentences

Clause 95: Existing text of subsection 139(1):

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 96: (1) Relevant portion of subsection 140(1):

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) and subsequent reviews pursuant to subsection 123(5);

(2) New.

Clause 97: Existing text of subsection 141(3):

(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 98: (1) and (2) Relevant portion of subsection 142(1):

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,

...

(v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release,

Clause 99: Existing text of subsection 144(1):

144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part and its reasons for each such decision.

Clause 100: Existing text of subsection 146(1):

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 101: New.

Clause 102: New.

Criminal Records Act

Clause 108: Existing text of the long title:

An Act to provide for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves

Clause 109: (1) Existing text of the definition:

“pardon” means a pardon granted or issued by the Board under section 4.1;

(2) New.

Clause 110: Existing text of section 2.1:

2.1 The Board has exclusive jurisdiction to grant or issue or refuse to grant or issue or to revoke a pardon.

Clause 111: (1) and (2) Existing text of section 2.2:

2.2 (1) Applications for pardons referred to in subsection 4.1(1) shall be determined, and decisions whether to revoke pardons under section 7 shall be made, by a panel that consists of one member of the Board.

(2) The Chairman of the Board may direct that the number of members of the Board required to constitute a panel for the determination of an application for a pardon referred to in subsection 4.1(1) or to decide whether to revoke a pardon under section 7 or for the determination of any class of those applications or for the making of any class of those decisions shall be greater than one.

Clause 112: New.

Clause 113: Existing text of the heading:

APPLICATION FOR PARDON

Clause 114: Existing text of subsection 3(1):

3. (1) A person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament may apply to the Board for a pardon in respect of that offence and a Canadian offender within the meaning of the International Transfer of Offenders Act who has been transferred to Canada under that Act may apply to the Board for a pardon in respect of the offence of which the offender has been found guilty.

Clause 115: Existing text of sections 4 and 4.01:

4. A person is ineligible to apply for a pardon until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence:

(a) 10 years, in the case of a serious personal injury offence within the meaning of section 752 of the Criminal Code, including manslaughter, for which the applicant was sentenced to imprisonment for a period of two years or more or an offence referred to in Schedule 1 that was prosecuted by indictment, or five years in the case of any other offence prosecuted by indictment, an offence referred to in Schedule 1 that is punishable on summary conviction or an offence that is a service offence within the meaning of the National Defence Act for which the offender was punished by a fine of more than two thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of that Act; or

(b) three years, in the case of an offence, other than one referred to in paragraph (a), that is punishable on summary conviction or that is a service offence within the meaning of the National Defence Act.

4.01 The period during which a person is being supervised pursuant to an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act is not included in the calculation of the period referred to in section 4 that must have elapsed after the expiration of sentence before an application for a pardon is considered.

Clause 116: (1) Existing text of subsections 4.1(1) and (2):

4.1 (1) The Board may grant a pardon for an offence if the Board is satisfied that

(a) the applicant, during the applicable period referred to in section 4, has been of good conduct and has not been convicted of an offence under an Act of Parliament; and

(b) in the case of an offence referred to in paragraph 4(a), granting the pardon at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.

(2) In the case of an offence referred to in paragraph 4(a), the applicant has the onus of satisfying the Board that the pardon would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen.

(2) and (3) Relevant portion of subsection 4.1(3):

(3) In determining whether granting the pardon would bring the administration of justice into disrepute, the Board may consider

...

(c) information relating to the applicant’s criminal history and, in the case of a service offence within the meaning of the National Defence Act, to any service offence history of the applicant that is relevant to the application; and

Clause 117: (1) Existing text of subsections 4.2(1) and (2):

4.2 (1) On receipt of an application for a pardon, the Board

(a) shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and

(b) may, in the case of an offence referred to in paragraph 4(a), cause inquiries to be made with respect to any factors that it may consider in determining whether granting the pardon would bring the administration of justice into disrepute.

(2) If the Board proposes to refuse to grant a pardon, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose.

(2) Existing text of subsection 4.2(4):

(4) An applicant whose application is refused may not apply for a pardon until the expiration of one year after the date of the refusal.

Clause 118: New.

Clause 119: Existing text of the heading and section 5:

EFFECT OF PARDON

5. The pardon

(a) is evidence of the fact that

(i) the Board, after making inquiries, was satisfied that the applicant for the pardon was of good conduct, and

(ii) the conviction in respect of which the pardon is granted should no longer reflect adversely on the applicant’s character; and

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act — or of a regulation made under an Act of Parliament.

Clause 120: Existing text of subsections 6(1) and (2):

6. (1) The Minister may, by order in writing addressed to any person having the custody or control of any judicial record of a conviction in respect of which a pardon has been granted, require that person to deliver that record into the custody of the Commissioner.

(2) Any record of a conviction in respect of which a pardon has been granted that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records, and no such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Minister.

Clause 121: Relevant portion of section 6.2:

6.2 Notwithstanding sections 6 and 6.1, the name, date of birth and last known address of a person who has received a pardon or a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found

Clause 122: (1) Existing text of subsections 6.3(1) to (3):

6.3 (1) The definitions in this subsection apply in this section.

“children” means persons who are less than 18 years of age.

“vulnerable persons” means persons who, because of their age, a disability or other circumstances, whether temporary or permanent,

(a) are in a position of dependence on others; or

(b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.

(3) At the request of any person or organization responsible for the well-being of one or more children or vulnerable persons and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if

(a) the position is one of authority or trust relative to those children or vulnerable persons; and

(b) the applicant has consented in writing to the verification.

(2) Existing text of subsection 6.3(9):

(9) The Governor in Council may, by order, amend Schedule 1 or 2 by adding or deleting a reference to an offence.

Clause 123: Existing text of section 6.4:

6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a pardon has been granted regardless of the date of the conviction or the date of the pardon.

Clause 124: Existing text of section 7:

7. A pardon may be revoked by the Board

(a) if the person to whom it is granted is subsequently convicted of an offence punishable on summary conviction under an Act of Parliament or a regulation made under an Act of Parliament;

(b) on evidence establishing to the satisfaction of the Board that the person to whom it was granted is no longer of good conduct; or

(c) on evidence establishing to the satisfaction of the Board that the person to whom it was granted knowingly made a false or deceptive statement in relation to the application for the pardon, or knowingly concealed some material particular in relation to that application.

Clause 125: (1) and (2) Existing text of section 7.1:

7.1 (1) If the Board proposes to revoke a pardon, it shall notify the person to whom the pardon was granted of its proposal in writing and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, if the Board so authorizes, orally at a hearing held for that purpose.

(2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person pursuant to subsection (1).

Clause 126: Existing text of section 7.2:

7.2 A pardon granted to a person ceases to have effect if

(a) the person is subsequently convicted of

(i) an indictable offence under an Act of Parliament or a regulation made under an Act of Parliament,

(ii) an offence under the Criminal Code, except subsection 255(1), or under the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction, or

(iii) a service offence referred to in paragraph 4(a); or

(b) the Board is convinced by new information that the person was not eligible for a pardon at the time it was granted or issued.

Clause 127: Relevant portion of section 8:

8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a pardon that has not been revoked or ceased to have effect has been granted to the applicant:

Clause 128: New.

Clause 129: (1) and (2) Relevant portion of section 9.1:

9.1 The Governor in Council may make regulations

...

(c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants prior to obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7); and

Clause 130: New.