Bill C-55
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| 1995, c. 42,
par. 69(c)(E)
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(2) Paragraph 119(1)(d) of the French
version of the Act is replaced by the
following:
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| 1995, c. 42,
s. 33
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(3) Subsection 119(1.1) of the Act is
replaced by the following:
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| When eligible
for day
parole - life
sentence
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(1.1) Notwithstanding section 747 of the
Criminal Code, in the circumstances de
scribed in subsection 120.2(2) or (3), an
offender described in subsection 747(1) or (2)
of the Criminal Code shall not be released on
day parole until three years before the day that
is determined in accordance with subsection
120.2(2) or (3).
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| When eligible
for day
parole -
young
offender
sentenced to
life imprison- ment
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(1.2) Notwithstanding section 747 of the
Criminal Code, in the circumstances de
scribed in subsection 120.2(2), the portion of
the sentence of an offender described in
subsection 747(3) of the Criminal Code that
must be served before the offender may be
released on day parole is the longer of
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(4) On the later of the coming into force
of subsection 119(1.2) of the Corrections and
Conditional Release Act, as enacted by
subsection (3), and subsection 746.1(3) of
the Criminal Code, as enacted by section 6
of An Act to amend the Criminal Code
(sentencing) and other Acts in consequence
thereof, being chapter 22 of the Statutes of
Canada, 1995,
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| When eligible
for day
parole - life
sentence
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(1.1) Notwithstanding section 746.1 of the
Criminal Code, in the circumstances de
scribed in subsection 120.2(2) or (3), an
offender described in subsection 746.1(1) or
(2) of the Criminal Codeshall not be released
on day parole until three years before the day
that is determined in accordance with subsec
tion 120.2(2) or (3).
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| When eligible
for day
parole -
young
offender
sentenced to
life imprison- ment
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(1.2) Notwithstanding section 746.1 of the
Criminal Code, in the circumstances de
scribed in subsection 120.2(2), the portion of
the sentence of an offender described in
subsection 746.1(3) of the Criminal Code that
must be served before the offender may be
released on day parole is the longer of
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21. (1) The Act is amended by adding the
following after section 119:
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| When eligible
for day
parole -
offenders
eligible for
accelerated
parole review
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119.1 The portion of the sentence of an
offender who is eligible for accelerated parole
review under sections 125 and 126 that must
be served before the offender may be released
on day parole is six months, or one sixth of the
sentence, whichever is longer.
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(2) Section 119.1 of the Act, as enacted by
subsection (1), does not apply to an offender
serving a sentence on the date on which this
subsection comes into force whose case was
reviewed for the purpose of day parole
before that date.
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| 1995, c. 42,
s. 34
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22. Paragraph 120.1(2)(c) of the French
version of the Act is replaced by the
following:
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| 1995, c. 42,
s. 34
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23. (1) Paragraph 120.2(1)(b) of the
French version of the Act is replaced by the
following:
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(2) On the later of the coming into force
of paragraph 120.2(1)(b) of the French
version of the Corrections and Conditional
Release Act, as enacted by subsection (1),
and section 743.5 of the Criminal Code, as
enacted by section 6 of An Act to amend the
Criminal Code (sentencing) and other Acts
in consequence thereof, being chapter 22 of
the Statutes of Canada, 1995, paragraph
120.2(1)(b) of the French version of the
Corrections and Conditional Release Act is
replaced by the following:
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24. (1) The portion of subsection 125(1) of
the English version of the Act before
paragraph (a) is replaced by the following:
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| Application
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125. (1) This section and section 126 apply
to an offender sentenced, committed or trans
ferred to penitentiary for the first time,
otherwise than pursuant to an agreement
entered into under paragraph 16(1)(b), other
than an offender
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(2) Subsection 125(1) of the Act is
amended by adding the following after
paragraph (a):
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25. The Act is amended by adding the
following after section 126:
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| Release on
day parole
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126.1 Sections 125 and 126 apply, with such
modifications as the circumstances require, to
a review to determine if an offender referred
to in subsection 119.1 should be released on
day parole.
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| 1995, c. 42,
s. 45(1)
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26. The portion of subsection 130(3.2) of
the French version of the Act before para
graph (a) is replaced by the following:
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(3.2) Si le délinquant assujetti à une ordon
nance - rendue aux termes du paragraphe
(3) - visant à interdire sa mise en liberté
avant l'expiration légale de sa peine est
condamné à une peine supplémentaire qui
entraîne une augmentation de la durée de la
peine d'emprisonnement prévue au para
graphe 139(1) :
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| 1995, c. 42,
s. 46(2)
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27. Subsection 131(4) of the Act is re
placed by the following:
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| Consent of
Commissioner
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(4) A condition under subparagraph
(3)(a)(ii) that an offender reside in a peniten
tiary designated pursuant to subsection (5) is
valid only if consented to in writing by the
Commissioner or a person designated, by
name or by position, by the Commissioner.
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| 1995, c. 42,
s. 48(1)
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28. Subsection 133(4.4) of the Act is
replaced by the following:
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| Consent of
commissioner
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(4.4) A condition under subsection (4.1)
that an offender reside in a community
correctional centre is valid only if consented
to in writing by the Commissioner or a person
designated, by name or by position, by the
Commissioner.
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| 1995, c. 42,
par. 71(a)(F)
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29. Subsection 134(1) of the Act is re
placed by the following:
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| Instructions to
released
offenders
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134. (1) An offender who has been released
on parole, statutory release or unescorted
temporary absence shall comply with any
instructions given by a member of the Board
or a person designated, by name or by
position, by the Chairperson of the Board or
the Commissioner, or given by the institution
al head or by the offender's parole supervisor,
respecting any conditions of parole, statutory
release or unescorted temporary absence in
order to prevent a breach of any condition or
to protect society.
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30. The Act is amended by adding the
following after section 134:
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Conditions for Long-Term Supervision |
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| Conditions for
long-term
supervision
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134.1 (1) Subject to subsection (4), every
offender who is required to be supervised by
a long-term supervision order is subject to the
conditions prescribed by subsection 161(1) of
the Corrections and Conditional Release
Regulations, with such modifications as the
circumstances require.
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| Conditions set
by Board
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(2) The Board may establish conditions for
the long-term supervision of the offender that
it considers reasonable and necessary in order
to protect society and to facilitate the success
ful reintegration into society of the offender.
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| Duration of
conditions
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(3) A condition imposed under subsection
(2) is valid for the period that the Board
specifies.
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| Relief from
conditions
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(4) The Board may, in accordance with the
regulations, at any time during the long-term
supervision of an offender,
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| Instructions to
offenders
subject to
long-term
supervision
order
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134.2 (1) An offender who is supervised
pursuant to a long-term supervision order
shall comply with any instructions given by a
member of the Board or a person designated,
by name or by position, by the Chairperson of
the Board or by the Commissioner, or given by
the offender's parole supervisor, respecting
any conditions of long-term supervision in
order to prevent a breach of any condition or
to protect society.
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| Definition of
``parole
supervisor''
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(2) In this section, ``parole supervisor''
means
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| 1995, c. 42,
s. 49
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31. The heading before section 135 of the
Act is replaced by the following:
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Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision |
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| 1995, c. 42,
par. 70(d)(E)
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32. Paragraph 135(6)(c) of the French
version of the Act is replaced by the
following:
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| 1995, c. 42,
s. 50(7)
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32.1 Subsection 135(9.1) of the Act is
replaced by the following:
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| Revocation of
parole or
statutory
release
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(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.
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| 1995, c. 42,
s. 51
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33. Section 136 of the Act is replaced by
the following:
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| Suspension of
long-term
supervision
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135.1 (1) A member of the Board or a
person designated, by name or by position, by
the Chairperson of the Board or by the
Commissioner, when an offender breaches a
condition of a long-term supervision order or
a condition referred to in section 134.1 or
when the member or person is satisfied that it
is necessary and reasonable to suspend the
long-term supervision in order to prevent a
breach of any condition of it or to protect
society, may, by warrant,
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| Limit on
commitment
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(2) The period of the commitment of the
offender mentioned in paragraph (1)(c) must
not exceed ninety days.
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| Where
offender
committed
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(3) Where an offender is committed under
paragraph (1)(c), the period of the commit
ment is included in the calculation of the
period of long-term supervision ordered under
a long-term supervision order , but if there is
a period between the issuance of the warrant
and the commitment to custody, that period is
not included in that calculation.
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| Transfer of
offender
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(4) A person designated pursuant to subsec
tion (1) may, by warrant, order the transfer to
penitentiary of an offender who is committed
under paragraph (1)(c) in a place other than a
penitentiary.
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| Cancellation
of suspension
or referral
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(5) The person who signs a warrant pursuant
to subsection (1), or any other person desig
nated pursuant to that subsection, shall, imme
diately after the commitment of the offender,
review the offender's case and, as soon as
possible but in any case no later than thirty
days after the commitment, cancel the suspen
sion or refer the case to the Board together
with an assessment of the case.
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| Review by
Board
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(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,
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| Laying of
information
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(7) Where the Board recommends that an
information be laid pursuant to paragraph
(6)(c), the Service shall recommend to the
Attorney General who has jurisdiction in the
place in which the breach of the condition
occurred that an information be laid charging
the offender with an offence under section
753.3 of the Criminal Code.
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| Terms of
cancellation
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(8) If in the Board's opinion it is necessary
and reasonable to do so in order to protect
society or to facilitate the reintegration of the
offender into society, the Board, when it
cancels a suspension of the long-term supervi
sion order of an offender, may
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| Transmission
of
cancellation
of suspension
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(9) Where a person referred to in subsection
(4) or the Board cancels a suspension under
this section, the person or the Board, as the
case may be, shall forward a notification of the
cancellation of the suspension or an electroni
cally transmitted copy of the notification to
the person in charge of the facility in which the
offender is being held.
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| Warrant on
termination,
revocation or
inoperability
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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.
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| 1995, c. 42,
s. 52
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34. Subsection 137(1) of the Act is re
placed by the following:
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| Execution of
warrant
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137. (1) A warrant of apprehension issued
under section 11.1, 18, 118, 135, 135.1 or 136
or by a provincial parole board, or an electron
ically transmitted copy of such a warrant, shall
be executed by any peace officer to whom it is
given in any place in Canada as if it had been
originally issued or subsequently endorsed by
a justice or other lawful authority having
jurisdiction in that place.
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| 1995, c. 42,
s. 57(3)
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35. Subsection 142(5) of the Act is re
placed by the following:
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| Designation
by
Chairperson
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(5) In this section, ``Chairperson'' includes
a person or class of persons designated, by
name or by position, by the Chairperson.
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