Bill C-45

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Royal Assent

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	(b) do not apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, commits an offence under an Act of Parliament for which the offender receives an additional sentence.
	40. Subsection 126(6) of the Act is replaced by the following:
Refusal of parole	(6) An offender who is not released on full parole pursuant to subsection (5) is entitled to subsequent reviews in accordance with subsection 123(5).
	41. Subsections 127(1) to (6) of the Act are replaced by the following:
Entitlement	127. (1) Subject to any provision of this Act, an offender sentenced, committed or transferred to penitentiary is entitled to be released on the date determined in accordance with this section and to remain at large until the expiration of the sentence according to law.
Sentence for past offences	(2) Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences shall be determined by crediting against the sentence
	(a) any remission, statutory or earned, standing to the offender's credit on that day; and
	(b) the maximum remission that could have been earned on the balance of the sentence pursuant to the Penitentiary Act or the Prisons and Reformatories Act, as those Acts read immediately before that day.
Sentence for future offences	(3) Subject to this section, the statutory release date of an offender sentenced on or after November 1, 1992 to imprisonment for one or more offences is the day on which the offender completes two thirds of the sentence.
Sentences for past and future offences	(4) Subject to this section, the statutory release date of an offender sentenced before November 1, 1992 to imprisonment for one or more offences and sentenced on or after November 1, 1992 to imprisonment for one or more offences is the later of the dates determined in accordance with subsections (2) and (3).
Where 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Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release has been revoked is the day on which the offender has served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension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.
Failure to earn and forfeiture of remission	(6) Where an offender receives a sentence to be served in a provincial correctional facility and fails to earn or forfeits any remission under the Prisons and Reformatories Act and is transferred to penitentiary, otherwise than pursuant to an agreement entered into under paragraph 16(1)(a), the offender is not entitled to be released until the day on which the offender has served
	(a) the period of imprisonment that the offender would have been required to serve under this section if the offender had not failed to earn or had not forfeited the remission; and
	(b) the period of imprisonment equal to the remission that the offender failed to earn or forfeited and that was not recredited under that Act.
	42. Subsections 128(2) and (3) of the Act are replaced by the following:
Freedom to be at large	(2) Except to the extent required by the conditions of any day parole, an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release or unescorted temporary absence is suspended, cancelled, terminated or revoked.
Deeming	(3) Notwithstanding subsection (1), for the purposes of subsection 50(2) of the Immigration Act, section 25 of the Extradition Act and section 17 of the Fugitive Offenders Act, the sentence of imprisonment of an offender who has been released on full parole or statutory release shall be deemed to be completed unless the full parole or statutory release has been suspended, terminated or revoked or the offender has returned to Canada before the expiration of the sentence according to law.
	43. The heading before section 129 of the French version of the Act is replaced by the following:
	Maintien en incarcération au cours de la période prévue pour la libération d'office
	44. (1) Subsection 129(1) of the Act is replaced by the following:
Review of cases by Service	129. (1) Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II, the Commissioner shall cause the offender's case to be reviewed by the Service.
	(2) Paragraphs 129(2)(a) and (b) of the Act are replaced by the following:
	(a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, that
	(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 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) The portion of subsection 129(3) of the Act before paragraph (a) is replaced by the following:
Referral of cases to Chairperson of Board	(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
	(4) Subsection 129(3) of the Act is amended by adding the word ``or'' at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
	(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.
	(5) Subsection 129 of the Act is amended by adding the following after subsection (3):
Detention pending referral	(3.1) Where paragraph (3)(b) applies and the statutory release date has passed, the Commissioner shall, within two working days after the recalculation under that paragraph, make a determination whether a referral is to be made to the Chairperson of the Board pursuant to subsection (3) and, where appropriate, shall make a referral, and the offender is not entitled to be released on statutory release pending the determination.
	(6) Subparagraph 129(5)(c)(ii) of the Act is replaced by the following:
	(ii) referred to the Chairperson pursuant to paragraph (3)(b) after the statutory release date has passed,
	(7) Subsection 129(9) of the Act is replaced by the following:
Definitions	(9) In this section and sections 130 and 132,
``serious drug offence'' « infraction grave en matière de drogue »	``serious drug offence'' means an offence set out in Schedule II;
``sexual offence involving a child'' « infraction d'ordre sexuel ... »	``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,
	(i) section 151 (sexual interference),
	(ii) section 152 (invitation to sexual touching),
	(iii) section 153 (sexual exploitation),
	(iv) subsection 160(3) (bestiality in presence of child or inciting child to commit bestiality),
	(v) section 170 (parent or guardian procuring sexual activity by child),
	(vi) section 171 (householder permitting sexual activity by child),
	(vii) section 172 (corrupting children),
	(viii) subsection 212(2) (living off the avails of prostitution by a child), and
	(ix) subsection 212(4) (obtaining sexual services of a child),
	(b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,
	(i) section 155 (incest),
	(ii) section 159 (anal intercourse),
	(iii) subsections 160(1) and (2) (bestiality and compelling bestiality),
	(iv) section 271 (sexual assault),
	(v) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
	(vi) section 273 (aggravated sexual assault),
	(c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
	(i) section 146 (sexual intercourse with a female under 14),
	(ii) section 151 (seduction of a female between 16 and 18), and
	(iii) section 167 (householder permitting defilement),
	(d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,
	(i) section 153 (sexual intercourse with step-daughter),
	(ii) section 155 (buggery or bestiality),
	(iii) section 157 (gross indecency), and
	(iv) section 166 (parent or guardian procuring defilement), or
	(e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,
	(i) section 144 (rape),
	(ii) section 145 (attempt to commit rape),
	(iii) section 149 (indecent assault on female), and
	(iv) section 156 (indecent assault on male).
Determination of likelihood of offence	(10) In determining whether an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, it is not necessary to determine whether the offender is likely to commit any particular offence.
	45. (1) Subsections 130(1) to (3) of the Act are replaced by the following:
Review by Board of cases referred	130. (1) Where the case of an offender is referred to the Board by the Service pursuant to subsection 129(2) or referred to the Chairperson of the Board by the Commissioner pursuant to subsection 129(3) or (3.1), the Board shall, subject to subsections 129(5), (6) and (7), at the times and in the manner prescribed by the regulations,
	(a) inform the offender of the referral and review, and
	(b) review the case,
	and the Board shall cause all such inquiries to be conducted in connection with the review as it considers necessary.
Detention pending review	(2) An offender referred to in subsection (1) is not entitled to be released on statutory release before the Board renders its decision under this section in relation to the offender.
Decision of Board	(3) On completion of the review of the case of an offender referred to in subsection (1), the Board may order that the offender not be released from imprisonment before the expiration of the offender's sentence according to law, except as provided by subsection (5), where the Board is satisfied
	(a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person or a sexual offence involving a child before the expiration of the offender's sentence according to law,
	(b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, that the offender is likely, if released, to commit a serious drug offence before the expiration of the offender's sentence according to law, or
	(c) in the case of an offender whose case was referred to the Chairperson of the Board pursuant to subsection 129(3) or (3.1), that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender's sentence according to law.
When order takes effect	(3.1) An order made under subsection (3) takes effect on the day on which it is made.
Effect of order where additional sentence	(3.2) Where, before the expiration of a sentence in respect of which an order under subsection (3) has been made, an offender receives an additional sentence and the date of the expiration of the sentence that includes the additional sentence as provided by subsection 139(1) is later than the date of the expiration of the sentence that the offender was serving before the additional sentence was imposed,
	(a) the Board shall review the order at the time and in the manner prescribed by the regulations where, as a result of the additional sentence, the statutory release date has already passed or is within nine months after the day on which the offender received the additional sentence; and
	(b) the order is cancelled where, as a result of the additional sentence, the statutory release date is nine months or more after the day on which the offender received the additional sentence.
Board's powers on review	(3.3) The Board shall, on completing a review under paragraph (3.2)(a)
	(a) confirm the order to prevent the release of the offender until the expiration of the sentence in respect of which the order was made; or
	(b) amend the order to prevent the release of the offender until the expiration of the sentence that includes the additional sentence as provided by subsection 139(1).
Detention pending review	(3.4) An offender in respect of whom an order, that is subject to review under paragraph (3.2)(a), has been made is not entitled to be released on statutory release before the Board renders its decision under subsection (3.3) in relation to the order.
	(2) Paragraphs 130(4)(a) and (b) of the Act are replaced by the following:
	(a) at the time the case was referred to it, the offender was serving a sentence that included a sentence for an offence set out in Schedule I or II, and

Bill C-45

Maintien en incarcération au cours de la période prévue pour la libération d'office