Marginal note:Where committed

21. Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in

• (a) a prison if they were sentenced to imprisonment for less than two years; or

• (b) a penitentiary if they were sentenced to imprisonment for two years or more.

Marginal note:Credit towards completion of sentence

• 22. (1) The length of a Canadian offender's sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed.

• Marginal note:Credit for time spent in confinement

  (2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence.

Marginal note:Eligibility for parole — general

23. Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1).

Marginal note:Eligibility for parole — murder

• 24. (1) Subject to subsections 17(2) and 19(1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister's opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is 15 years.

• Marginal note:Multiple murders

  (2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code, received an additional sentence of imprisonment for life — imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act.

• Marginal note:Exception — second degree murder

  (3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code — and if the offence was committed before all of the Canadian offender's convictions for murder, or for offences that, if they had been committed in Canada, would have constituted murder, within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is 10 years.

• Marginal note:Credit for time spent in custody

  (4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed.