Bill C-40

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First Reading

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	(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).
1997, c. 17, s. 34	41. Subsection 137(1) of the Act is replaced by the following:
Execution of warrant	137. (1) A warrant of apprehension issued under section 11.1, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of the 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.
1995, c. 42, s. 53	42. 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on statutory release	(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5) .
	43. The heading before section 139 of the Act is replaced by the following:
	Merged Sentences
1995, c. 42, s. 54	44. 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 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.
1995, c. 42, s. 55(1)(E)	45. (1) Paragraph 140(1)(b) of the Act is replaced by the following:
	(a.1) the review under subsection 122(1.1);
	(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1) ;
	(2) Subsection 140(1) of the Act is amended by adding the following after paragraph (c):
	(c.1) a review at which the Board intends to impose a condition under subsection 133(4.1), unless the review takes place within 45 days before the statutory release date;
	(3) Section 140 of the Act is amended by adding the following after subsection (3):
Review of decision to impose condition under subsection 133(4.1)	(3.1) If the Board imposes a condition under subsection 133(4.1) during a review without a hearing, an offender may, within 30 days after being notified of the decision, request that the Board review their case. The Board shall, within the period prescribed by the regulations, review the case by way of a hearing and decide whether to confirm or cancel the decision.
	(4) 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 or damage suffered as a result of the commission of the offence and the continuing impact of the offence 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 or damage suffered 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 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.
Communicati on of statement in writing	(12) The victim or the person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement referred to in subsection (10) or (11).
	46. (1) Subsection 141(2) of the English version of the Act is replaced by the following:
Information received late	(2) If information referred to in subsection (1) comes into the possession of the Board after the time referred to in that subsection, that information or a summary of it shall be provided to the offender as soon as practicable after that time .
	(2) 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 any reasonable 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.
	47. 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 and a number of part-time members designated by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.
Senior Board Member, Appeal Division	(1.1) The Governor in Council shall, on the recommendation of the Minister, designate, as Senior Board Member, Appeal Division, a full-time member who
	(a) is a member in good standing of the bar of a province or the Chambre des notaires du Québec; and
	(b) has been a member of the bar or Chambre for at least five years.
	48. The portion of subsection 147(2) of the Act before paragraph (a) is replaced by the following:
Decision of Senior Board Member	(2) The Senior Board Member , Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, if , in their opinion,
	49. Section 150 of the Act is replaced by the following:
Senior Board Members	150. (1) The Governor in Council shall, on the recommendation of the Minister, designate , for each regional division of the Board, a full-time Board member as Senior Board Member .
Responsibility to Chairperson	(2) A Senior Board Member for a division is responsible to the Chairperson for the professional conduct, training and quality of decision-making of the Board members assigned to that division.
	50. Subsection 151(1) of the Act is replaced by the following:
Executive Committee	151. (1) There shall be an Executive Committee of the Board consisting of the Chairperson, Vice-Chairperson, Senior Board Member , Appeal Division, regional Senior Board Members and two other members of the Board designated by the Chairperson after consultation with the Minister.
1995, c. 42, s. 58(F)	51. Subsections 152(7) and (8) of the Act are replaced by the following:
Absence, etc. - Chairp erson	(7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Vice-Chairperson may exercise all the powers of the Chairperson.
Absence, etc. - Chairp erson and Vice-Chairper son	(8) In the event of the absence or incapacity of the Chairperson and Vice-Chairperson or if the offices of the Chairperson and Vice-Chairperson are vacant, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.
	52. 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.
	53. 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.
	54. Section 192 of the Act is replaced by the following:
Annual reports	192. The Correctional Investigator shall, within five months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Correctional Investigator during that year. The Minister shall cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the day on which the Minister receives it.
	55. Section 195 of the Act is replaced by the following:
Adverse comments - annual report	195. (1) If it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 192 any comment, information or recommendation that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall
	(a) within two months after the end of the fiscal year, provide it to the person or organization; and
	(b) in respect of any representation received within four months after the end of the fiscal year,
	(i) in the case of a representation from the Correctional Service of Canada, attach the representation to their report, and
	(ii) in the case of a representation from another organization or a person, attach the representation to their report or include a fair and accurate summary of it in their report.
Adverse comments - urgent matters	(2) If it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 193 any comment, information or recommendation that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall
	(a) provide the comment, information or recommendation to the person or organization; and
	(b) in respect of any representation received within a reasonable period after the Correctional Investigator provided the comment, information or recommendation
	(i) in the case of a representation from the Correctional Service of Canada, attach the representation to their report, and
	(ii) in the case of a representation from another organization or a person, attach the representation to their report or include a fair and accurate summary of it in their report.
	56. Subsection 225(2) of the Act is repealed.
	57. Schedule I to the Act is amended by replacing the reference ``(Subsections 107(1), 125(1) and 126(1) and sections 129 and 130)'' after the heading ``SCHEDULE I'' with the reference ``(Subsections 121.1(1), 129(1), 130(3) and (4), 133(4.1) and 156(3))''.
2001, c. 41, s. 91	58. (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) Paragraph 1(c) of Schedule I to the Act is replaced by the following:
	(c) section 87 (pointing a firearm);
	(3) 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);
	(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):
	(j.1) section 163.1 (child pornography);
	(5) 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);
	(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):
	(w.1) section 269.1 (torture);
	(7) 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 );
	(8) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:
	(z.3) sections 343 and 344 (robbery);
	59. 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.
1996, c. 19, s. 64	60. Schedule II to the Act is amended by replacing the reference ``(Subsections 107(1) and 125(1) and sections 129, 130 and 132)'' after the heading ``SCHEDULE II'' with the reference ``(Subsections 121.1(1), 129(1) and (9), 130(3) and (4) and 156(3))''.

Bill C-40

Merged Sentences