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Bill C-45

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R.S., c. C-47; R.S., c. 1 (4th Supp.); 1992, c. 22

CRIMINAL RECORDS ACT

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

77. The definition ``sentence'' in subsection 2(1) of the Criminal Records Act is replaced by the following:

``sentence''
« peine »

``sentence'' has the same meaning as in the Criminal Code, but does not include an order made under section 100, 161 or 259 of that Act.

1992, c. 22, s. 5

78. Paragraph 5(b) of the Act is replaced by the following:

    (b) unless the pardon is subsequently revoked or ceases to have effect, vacates the conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualification 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 100, 161 or 259 of the Criminal Code, or of a regulation made under an Act of Parliament.

R.S., c. P-20; R.S., c. 1 (1st Supp.), cc. 24, 35 (2nd Supp.); 1992, c. 20

PRISONS AND REFORMATORIES ACT

79. The definition ``Minister'' in subsection 2(1) of the Prisons and Reformatories Act is repealed.

80. (1) The Act is amended by adding the following after section 2:

APPLICATION

Application

2.1 For greater certainty, this Act applies in respect of the province of Newfoundland.

Coming into force

(2) Subsection (1) is deemed to have come into force on March 31, 1949.

1992, c. 20, s, 205(2)

81. Subsection 5(3) of the Act is replaced by the following:

Effect of transfer

(3) Any person transferred under this section or under an agreement made pursuant to lawful authority is deemed to be lawfully confined in the receiving prison and is subject to all the statutes, regulations and rules applicable in the receiving prison.

1992, c. 20, s. 206(1)

82. (1) Subsection 6(1) of the Act is replaced by the following:

Remission

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.

1992, c. 20, s. 206(2)

(2) Subsection 6(5) of the Act is replaced by the following:

Idem

(4.1) Where the parole of a prisoner who has been credited with remission is revoked under the Corrections and Conditional Release Act, the prisoner shall forfeit that remission.

Idem

(4.2) A prisoner whose parole has been terminated under the Corrections and Conditional Release Act is not liable to forfeit any remission with which the prisoner was credited pursuant to this Act.

Effect of remission

(5) Where remission is credited against a sentence being served by a prisoner, other than a prisoner to whom subsection 127(1) of the Corrections and Conditional Release Act applies, the prisoner is entitled to be released from imprisonment before the expiration of the sentence.

Transfer from penitentiary to prison

(6) Where a prisoner is transferred from a penitentiary to a prison, otherwise than pursuant to an agreement entered into under paragraph 16(1)(a) of the Corrections and Conditional Release Act, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the penitentiary as if that portion of the sentence had been served in a prison.

Idem

(7) Where a prisoner is transferred from a penitentiary to a prison pursuant to an agreement entered into under paragraph 16(1)(a) of the Corrections and Conditional Release Act, the prisoner is entitled to be released, in accordance with section 127 of that Act, on the day on which the prisoner has served the period determined in accordance with that section and a period of imprisonment equal to any remission that the offender fails to earn or forfeits and that is not recredited under this Act.

Recrediting by institutional head

(8) The institutional head may recredit any remission that was forfeited under subsection (4).

Recrediting by parole board

(9) The National Parole Board or a provincial parole board may recredit any remission that was forfeited under subsection (4.1).

Where parole suspended and then revoked

(10) Where a prisoner is reincarcerated following the suspension of parole and the parole is subsequently revoked, the prisoner shall be credited with remission in respect of the portion of the sentence that was served during the suspension.

R.S., c. T-15; R.S., cc. 27, 31 (1st Supp.); 1992, c. 20; 1993, c. 34

TRANSFER OF OFFENDERS ACT

1992, c. 20, s. 208

83. Section 8 of the Transfer of Offenders Act is replaced by the following:

Eligibility for parole - general

8. Subject to section 9, a Canadian offender transferred to Canada becomes eligible for parole at a date determined pursuant to the Corrections and Conditional Release Act as being the date at which the offender would have been eligible for parole had the offender been convicted and the sentence imposed by a court in Canada.

1992, c. 20, ss. 210 and 211

84. Sections 11 and 12 of the Act are replaced by the following:

Crediting for time toward completion

11. A Canadian offender transferred to Canada shall, at the date of the transfer, be credited with any time toward completion of a sentence imposed by a court of a foreign state that, at that date, had actually been spent in confinement in the foreign state or that was credited, by the foreign state, towards completion of the sentence.

Calculation of statutory release

11.1 (1) Where a Canadian offender transferred to Canada is detained in a penitentiary, the offender is entitled to be released on statutory release on the day on which the offender has served the portion of the sentence that remains to be served after deducting the portion of the sentence with which the offender was credited in accordance with section 11 less

    (a) any credits, given by the foreign state, towards release before the expiration of the sentence; and

    (b) one third of the portion of the sentence that remains to be served after deducting the portion referred to in paragraph (a).

Idem

(2) Where a Canadian offender transferred to Canada is detained in a prison, the offender is entitled to be released on the day on which the offender has served the portion of the sentence that remains to be served after deducting the portion with which the offender was credited in accordance with section 11 less

    (a) any credits, given by the foreign state, towards release before the expiration of the sentence;

    (b) the amount of any remission granted, pursuant to the Prisons and Reformatories Act, on the portion of the sentence that remains to be served after deducting the portion referred to in paragraph (a).

Application

12. Subject to sections 11 and 11.1, a Canadian offender transferred to Canada is subject to the Corrections and Conditional Release Act or the Prisons and Reformatories Act, as the case may be, as if the offender had been convicted and the sentence imposed by a court in Canada.

CONDITIONAL AMENDMENTS

Bill C-7

85. If Bill C-7, introduced during the first session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then, on the later of the day on which section 64 of that Act comes into force and the day on which section 68 of this Act comes into force, Schedule II to the Corrections and Conditional Release Act is replaced by the following:

SCHEDULE II
(Subsections 107(1) and 125(1) and sections 129, 130 and 132)

1. An offence under any of the following provisions of the Narcotic Control Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:

    (a) section 4 (trafficking);

    (b) section 5 (importing and exporting);

    (c) section 6 (cultivation);

    (d) section 19.1 (possession of property obtained by certain offences); and

    (e) section 19.2 (laundering proceeds of certain offences).

2. An offence under any of the following provisions of the Food and Drugs Act, as it read immediately before the day on which section 64 of the Controlled Drugs and Substances Act came into force, that was prosecuted by way of indictment:

    (a) section 39 (trafficking in controlled drug);

    (b) section 44.2 (possession of property obtained by trafficking in controlled drugs);

    (c) section 44.3 (laundering proceeds of trafficking in controlled drugs);

    (d) section 48 (trafficking in restricted drug);

    (e) section 50.2 (possession of property obtained by trafficking in restricted drugs); and

    (f) section 50.3 (laundering proceeds of trafficking in restricted drugs).

3. An offence under any of the following provisions of the Controlled Drugs and Substances Act that was prosecuted by way of indictment:

    (a) subsections 6(3) and (4) (trafficking);

    (b) subsection 7(3) (importing and exporting);

    (c) subsection 8(2) (production);

    (d) subsection 9(2) (possession of property obtained by certain offences); and

    (e) subsection 10(2) (laundering proceeds of certain offences).

4. The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in sections 1 to 3 of this Schedule.

86. If Bill C-41, introduced in the first session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, is assented to, the following provisions apply:

    (a) if section 743.6 of the Criminal Code, as enacted by section 6 of Bill C-41, comes into force before section 75 of this Act, section 75 of this Act is replaced by the following:

75. Section 743.6 of the Act is replaced by the following:

Power of court to delay parole

743.6 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Principles that are to guide the court

(2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

    (b) if section 75 of this Act comes into force before section 743.6 of the Criminal Code, as enacted by section 6 of Bill C-41, section 743.6 of the Criminal Code is replaced by the following:

Power of court to delay parole

743.6 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Principles that are to guide the court

(2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

87. If Bill C-41, introduced in the first session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, is assented to, the following provisions apply:

    (a) if section 746.1 of the Criminal Code, as enacted by section 6 of Bill C-41, comes into force before section 76 of this Act, section 76 of this Act is replaced by the following:

76. Section 746.1 of the Act is replaced by the following:

Parole prohibited

746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

Absence with or without escort and day parole

(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,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

Idem

(3) Notwithstanding the Corrections and Conditional Release Act, in the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

    (b) if section 76 of this Act comes into force before section 746.1 of the Criminal Code, as enacted by section 6 of Bill C-41, section 746.1 of the Criminal Code is replaced by the following:

Parole prohibited

746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

Absence with or without escort and day parole

(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,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

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