Bill C-10
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Transitional Provision
Offences committed before this section in force
195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that
(a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;
(b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;
(c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;
(d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and
(e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.
Related Amendments
1992, c. 20
Corrections and Conditional Release Act
2004, c. 21, s. 39
196. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:
“sentence”
« peine » ou « peine d’emprisonnement »
« peine » ou « peine d’emprisonnement »
“sentence” means a sentence of imprisonment and includes
(a) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and
(b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;
197. Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:
(a) any period during which the offender could be entitled to statutory release;
(b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or
(c) any remission that stands to the credit of the offender on November 1, 1992.
R.S., c. P-20
Prisons and Reformatories Act
2002, c. 1, s. 196(2)
198. The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:
“sentence”
« peine »
« peine »
“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act.
1995, c. 42, s. 82(1)
199. (1) Subsection 6(1) of the Act is replaced by the following:
Remission
6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.
2002, c. 1, s. 197
(2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:
Transfer or committal to prison
(7.1) When a prisoner is transferred from a youth custody facility to a prison as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.
Exceptional date of release
(7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.
2002, c. 1, s. 197
(3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:
Effect of release
(7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.2), is entitled to be released,
Consequential Amendments
R.S., c. C-46
Criminal Code
2002, c. 1, s. 181
200. Paragraph 667(1)(a) of the Criminal Code is replaced by the following:
(a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by
(i) the person who made the conviction, order for the discharge or finding of guilt,
(ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or
(iii) a fingerprint examiner;
1995, c. 42, par. 87(b)
201. Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following:
b) de permission de sortir sans escorte sous le régime de cette loi ou de la Loi sur les prisons et les maisons de correction;
1998, c. 37
DNA Identification Act
2005, c. 25, s. 19
202. Subsection 9.1(2) of the DNA Identification Act is replaced by the following:
Exception
(2) Section 9 nevertheless applies to information in the convicted offenders index in relation to
(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
2005, c. 25, s. 21
203. Subsection 10.1(2) of the Act is replaced by the following:
Exception
(2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to
(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
Coming into Force
Order in council
204. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.
PART 5
2001, c. 27
IMMIGRATION AND REFUGEE PROTECTION ACT
Amendments to the Act
205. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:
(h) to protect public health and safety and to maintain the security of Canadian society;
206. Section 30 of the Act is amended by adding the following after subsection (1):
Authorization
(1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.
Instructions
(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.
Concurrence of second officer
(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.
Purpose
(1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Publication
(1.5) The instructions shall be published in the Canada Gazette.
Application
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.
Revocation
(1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.
207. Subsection 94(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph:
(e.1) any instructions given under subsection 30(1.2) during the year in question and the date of their publication; and
Coming into Force
Order in council
208. This Part comes into force on a day to be fixed by order of the Governor in Council.
Explanatory Notes
Corrections and Conditional Release Act
Clause 196: Existing text of the definition:
“sentence” means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act;
Clause 197: Existing text of subsection 99(2):
(2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account
(a) any period during which the offender could be entitled to statutory release; or
(b) any remission that stands to the credit of the offender on the coming into force of this section.
Prisons and Reformatories Act
Clause 198: Existing text of the definition:
“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act.
Clause 199: (1) Existing text of subsection 6(1):
6. (1) Every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with fifteen days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.
(2) Existing text of subsections 6(7.1) and (7.2):
(7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act or as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.
(7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the earlier of
(a) the date on which the prisoner is entitled to be released from imprisonment in accordance with subsection (5) of this section, and
(b) the date on which the custody portion of his or her youth sentence under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act expires.
(3) Relevant portion of subsection 6(7.3):
(7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.1) or (7.2) of this section, is entitled to be released,
Criminal Code
Clause 200: Relevant portion of subsection 667(1):
667. (1) In any proceedings,
(a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act, or the judicial determination under subsection 42(9) of that Act, or the conviction and sentence or finding of guilt and sentence in Canada of an offender, signed by
(i) the person who made the conviction, order for the discharge, finding of guilt or judicial determination,
(ii) the clerk of the court in which the conviction, order for the discharge, finding of guilt or judicial determination was made, or
(iii) a fingerprint examiner,
is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, or that a judicial determination was made against the accused or defendant, without proof of the signature or the official character of the person appearing to have signed the certificate;
Clause 201: Relevant portion of subsection 746.1(2):
(2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,
...
(b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and
DNA Identification Act
Clause 202: Existing text of subsection 9.1(2):
(2) Section 9 nevertheless applies to information in the convicted offenders index in relation to
(a) a presumptive offence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
Clause 203: Existing text of subsection 10.1(2):
(2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to
(a) a presumptive offence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
Immigration and Refugee Protection Act
Clause 205: Relevant portion of subsection 3(1):
3. (1) The objectives of this Act with respect to immigration are
...
(h) to protect the health and safety of Canadians and to maintain the security of Canadian society;
Clause 206: New.
Clause 207: Relevant portion of subsection 94(2):
(2) The report shall include a description of