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Drug-Free Prisons Act (S.C. 2015, c. 30)

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Assented to 2015-06-18

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Drug-Free Prisons Act

S.C. 2015, c. 30

Assented to 2015-06-18

An Act to amend the Corrections and Conditional Release Act

SUMMARY

This enactment amends the Corrections and Conditional Release Act to require the Parole Board of Canada (or a provincial parole board, if applicable) to cancel parole granted to an offender if, before the offender’s release, the offender tests positive in a urinalysis, or fails or refuses to provide a urine sample, and the Board considers that the criteria for granting parole are no longer met. It also amends that Act to clarify that any conditions set by a releasing authority on an offender’s parole, statutory release or unescorted temporary absence may include conditions regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Drug-Free Prisons Act.

1992, c. 20CORRECTIONS AND CONDITIONAL RELEASE ACT

2. The Corrections and Conditional Release Act is amended by adding the following after section 123:

Marginal note:Urine sample positive or not provided

123.1 If an offender has been granted parole under section 122 or 123 but has not yet been released and the offender fails or refuses to provide a urine sample when demanded to provide one under section 54, or provides under that section a urine sample for which the result of the urinalysis is positive, as that term is defined in the regulations, then the Service shall inform the Board of the failure or refusal or the test result.

3. Section 124 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Cancellation of parole — drug test

    (3.1) If the Board is informed of the matters under section 123.1 and the offender has still not yet been released, the Board shall can- cel the parole if, in its opinion, based on the information received under that section, the criteria set out in paragraphs 102(a) and (b) are no longer met.

Marginal note:1995, c. 42, subpar. 71(a)(xvii)(F)

4. Subsection 133(3) of the Act is replaced by the following:

  • Marginal note:Conditions set by releasing authority

    (3) The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

5. Subsection 156(1) of the Act is replaced by the following:

Marginal note:Regulations

  • 156. (1) The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation, including defining terms that are to be defined in the regulations for the purposes of this Part, and, generally, for carrying out the purposes and provisions of this Part.

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