Corrections and Conditional Release Act (S.C. 1992, c. 20)

Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IIConditional Release, Detention and Long-term Supervision (continued)

Constitution and Jurisdiction of Board (continued)

Marginal note:Cancellation or variation of prohibition orders

 The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 320.24 of the Criminal Code  or section 259 of that Act, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, after a period of

  • (a) ten years after the commencement of the order, in the case of a prohibition for life; or

  • (b) five years after the commencement of the order, in the case of a prohibition for more than five years but less than life.

  • 1992, c. 20, s. 109
  • 2006, c. 14, s. 8
  • 2018, c. 21, s. 47

Marginal note:Clemency

 The Board shall, when so directed by the Minister, make or cause to be made any investigation or inquiry desired by the Minister in connection with any request made to the Minister for the exercise of the royal prerogative of mercy.

Marginal note:Dissemination of information

 The Board shall maintain

  • (a) a program of exchange of information with the other components of the criminal justice system; and

  • (b) a program to communicate its policies and programs to offenders, to victims of crime, to victims’ groups, to other groups and organizations with a special interest in matters dealt with under this Part, and to the general public.

Constitution and Jurisdiction of Provincial Boards

Marginal note:Jurisdiction of boards

  •  (1) Subject to subsection (2), a provincial parole board for a province shall exercise jurisdiction in accordance with this Part in respect of the parole of offenders serving sentences in provincial correctional facilities in that province, other than

    • (a) offenders sentenced to life imprisonment as a minimum punishment;

    • (b) offenders whose sentence has been commuted to life imprisonment; or

    • (c) offenders sentenced to detention for an indeterminate period.

  • Marginal note:Day parole jurisdiction

    (2) A provincial parole board may, but is not required to, exercise its jurisdiction under this section in relation to day parole.

  • 1992, c. 20, s. 112
  • 1995, c. 42, ss. 29(F), 69(E)

Marginal note:Incorporation by reference

  •  (1) Where a provincial parole board has been established for a province, the lieutenant governor in council of the province may, by order, declare that all or any of the provisions of this Part that do not otherwise apply in respect of provincial parole boards shall apply in respect of that provincial parole board and offenders under its jurisdiction.

  • Marginal note:Provincial regulations

    (2) The lieutenant governor in council of a province may, in respect of the provincial parole board for the province and offenders under its jurisdiction, make regulations in the same manner and for the same purposes as the Governor in Council may make regulations pursuant to section 156 in respect of the Board and offenders under its jurisdiction.

  • 1992, c. 20, s. 113
  • 1995, c. 42, s. 30(F)

Marginal note:Change of province of residence

  •  (1) Subject to any agreement entered into pursuant to this section, an offender who is released on parole in one province and moves to another province remains under the jurisdiction of the board that granted the parole.

  • Marginal note:Federal-provincial agreements

    (2) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a province for which a provincial parole board has been established for the transfer of jurisdiction in respect of offenders who move to the province after their release by the Board on parole from a provincial correctional facility in another province for which no provincial parole board has been established.

  • Marginal note:Idem

    (3) The government of a province for which a provincial parole board has been established may enter into an agreement with the Government of Canada for the transfer to the Board of jurisdiction in respect of offenders released on parole by the provincial parole board who move to a province for which no provincial parole board has been established.

  • Marginal note:Interprovincial agreements

    (4) The governments of provinces may enter into agreements with one another for the transfer of jurisdiction in respect of offenders released on parole by one provincial parole board who move to the territorial jurisdiction of another provincial parole board.

  • Marginal note:Statutory release

    (5) Subsections (1) to (4) apply, with such modifications as the circumstances require, in respect of offenders released on statutory release.

Unescorted Temporary Absence

Marginal note:Minimum time to be served

  •  (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

    • (a) in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1), the period required to be served by the offender to reach the offender’s full parole eligibility date less three years;

    • (a.1) in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of

      • (i) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

      • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

    • (b) in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of

      • (i) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

      • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

    • (b.1) in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of

      • (i) three years, and

      • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and

    • (c) in any other case, the longer of

      • (i) six months, and

      • (ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to an offender whose life or health is in danger and for whom an unescorted temporary absence is required in order to administer emergency medical treatment.

  • Marginal note:Maximum security

    (3) Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96(z.6), are classified as maximum security offenders are not eligible for an unescorted temporary absence.

  • 1992, c. 20, s. 115
  • 1995, c. 42, ss. 31, 71(F)
  • 1997, c. 17, s. 19
  • 2012, c. 1, s. 74

Marginal note:Conditions for authorization

  •  (1) The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)(e) where, in the opinion of the Board,

    • (a) the offender will not, by reoffending, present an undue risk to society during the absence;

    • (b) it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;

    • (c) the offender’s behaviour while under sentence does not preclude authorizing the absence; and

    • (d) a structured plan for the absence has been prepared.

  • Marginal note:Idem

    (2) The Commissioner or the institutional head may authorize the unescorted temporary absence of an offender, other than an offender referred to in paragraph 107(1)(e), where, in the opinion of the Commissioner or the institutional head, as the case may be, the criteria set out in paragraphs (1)(a) to (d) are met.

  • Marginal note:Medical reasons

    (3) An unescorted temporary absence for medical reasons may be authorized for an unlimited period.

  • Marginal note:Personal development or community service

    (4) Subject to subsection (6), an unescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of fifteen days, at the rate of not more than three times a year for an offender classified by the Service as a medium security offender and not more than four times a year for an offender classified as a minimum security offender.

  • Marginal note:Intervals

    (5) An unescorted temporary absence authorized for reasons referred to in subsection (4) must be followed by a period of custody of at least seven days before the next such absence.

  • Marginal note:Exception

    (6) An unescorted temporary absence for purposes of a specific personal development program may be authorized for a maximum of sixty days and may be renewed, for periods of up to sixty days each, for the purposes of the program.

  • Marginal note:Absences for other reasons

    (7) Unescorted temporary absences for reasons other than those referred to in subsection (3) or (4) may be authorized for a maximum total of forty-eight hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of seventy-two hours per month for an offender classified as a minimum security offender.

  • Marginal note:Regulations

    (8) The circumstances and manner in which, and the time at which, an application for an unescorted temporary absence must be made shall be prescribed by the regulations.

  • Marginal note:Travel time

    (9) In addition to the period authorized for the purposes of an unescorted temporary absence, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

  • Marginal note:Cancellation of absence

    (10) The Board, the Commissioner or the institutional head, whichever authorized a particular unescorted temporary absence of an offender, may cancel that absence, either before or after its commencement,

    • (a) where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;

    • (b) where the grounds for granting the absence have changed or no longer exist; or

    • (c) after a review of the offender’s case based on information that could not reasonably have been provided when the absence was authorized.

  • 1992, c. 20, s. 116
  • 1993, c. 34, s. 58(F)
  • 1995, c. 42, ss. 32(F), 71(F)
 
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