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 IVConsequential and Related Amendments, Repeal and Transitional Provisions and Coming into Force (continued)

Transitional Provisions (continued)

Marginal note:Day parole eligibility of past offenders

  •  (1) Subject to subsection (1.1), paragraph 119(1)(c) does not apply in respect of an offender who is serving a sentence imposed before November 1, 1992, but the corresponding provisions of the former Act and the regulations made under that Act apply in respect thereof as if they were provisions of this Act.

  • Marginal note:Where additional sentence

    (1.1) Paragraph 119(1)(c) applies in respect of an offender who is serving a sentence imposed before November 1, 1992 where the offender receives an additional sentence on or after that day and, as a result, the offender is deemed, pursuant to section 139, to have been sentenced to one sentence.

  • (2) [Repealed, 2011, c. 11, s. 7]

  • 1992, c. 20, s. 225
  • 1995, c. 42, s. 62
  • 2011, c. 11, s. 7

Marginal note:Determination of eligibility date for parole

  •  (1) Where an offender who was serving a sentence before the commencement day is sentenced, before that sentence expires and after the coming into force of section 743.6 of the Criminal Code, to another sentence for an offence referred to in that section that was prosecuted by way of indictment, and the court determines pursuant to that section that the offender shall serve one half of the sentence imposed by it, that offender may be released on full parole after having served a period of imprisonment equal to the lesser of one half or ten years of that other sentence and, in addition,

    • (a) where the two sentences are to be served concurrently, one third of any portion of the first sentence that is not served concurrently with the other sentence; or

    • (b) where the two sentences are to be served consecutively, the lesser of

      • (i) one third of the first sentence, and

      • (ii) the portion of the sentence that would have had to be served before full parole could have been granted in the event that the two sentences were to have been served concurrently.

  • Marginal note:Maximum period

    (2) No offender referred to in subsection (1) is required to serve more than one half of the offender’s sentence before becoming eligible to be released on full parole.

  • 1992, c. 20, s. 226
  • 1995, c. 22, s. 13, c. 42, ss. 69(E), 70(E)

Marginal note:Revocation of mandatory supervision

 Where a person was released before the commencement day subject to mandatory supervision following an order referred to in section 26.1 of the Penitentiary Act and the release subject to mandatory supervision is revoked under Part II of this Act, the offender is not entitled to be released thereafter on statutory release under that Part.

Marginal note:Remission forfeited under Penitentiary Act

 Any remission that was forfeited under subsection 25(6) of the Penitentiary Act, as that Act read immediately before November 1, 1992, is deemed, as of November 1, 1992, to be recredited and the offender continues to be subject to the order under subsection 21.4(4) of the Parole Act, as that Act read immediately before November 1, 1992, as if the order had been made under section 130 of this Act.

  • 1995, c. 42, s. 63

 [Amendments]

Marginal note:Correctional Investigator

 The person holding office as Correctional Investigator under the Inquiries Act immediately before the coming into force of this section continues in office as Correctional Investigator and shall be deemed to have been appointed under Part III of this Act for a term of one year beginning on the coming into force of this section.

Marginal note:Staff of Correctional Investigator

  •  (1) A person whose services were engaged by the Correctional Investigator on a full-time basis pursuant to the Inquiries Act during any period immediately before the coming into force of this section shall be deemed to have been appointed in accordance with the Public Service Employment Act on the coming into force of this section, unless the person otherwise elects in writing within ninety days after the coming into force of this section.

  • Marginal note:Probation under Public Service Employment Act

    (2) Notwithstanding subsection (1) of this section and section 28 of the Public Service Employment Act, a person who is deemed by subsection (1) of this section to have been appointed in accordance with the Public Service Employment Act

    • (a) is not subject to probation under that Act if the person’s services were engaged on a full-time basis by the Correctional Investigator during a period of at least one year immediately before the coming into force of this section; or

    • (b) is subject to probation under that Act for a period equal to one year minus the period during which the person’s services were engaged on a full-time basis by the Correctional Investigator immediately before the coming into force of this section, where the latter period is less than one year.

Review of Detention Provisions

Marginal note:Review of detention provisions after three years

  •  (1) Three years after the coming into force of sections 129 to 132, a comprehensive review of the operation of those sections shall be undertaken by such committee of the House of Commons as may be designated or established by the House of Commons for that purpose.

  • Marginal note:Report to House of Commons

    (2) The committee referred to in subsection (1) shall, within one year after a review is undertaken pursuant to that subsection or within such further time as the House of Commons may authorize, submit a report on the review to the House of Commons.

Review of Whole Act

Marginal note:Review of whole Act

  •  (1) Five years after the coming into force of this Act, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

  • Marginal note:Report to Parliament

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report to Parliament including a statement of any changes the committee recommends.

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Act, except section 204, in force November 1, 1992, see SI/92-197; section 204 repealed by 1995, c. 42, s. 61, in force January 24, 1996, see SI/96-10.]

 
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