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

RELATED PROVISIONS

  • — 1995, c. 42, s. 88

    • Full parole

      88 Sections 120.1, 120.2 and 120.3 of the Corrections and Conditional Release Act, as enacted by section 34 of this Act, only apply in respect of an offender who receives an additional sentence after the coming into force of those sections.

  • — 1995, c. 42, s. 90

    • Detention
      • 90 (1) Sections 129, 130 and 132 of the Corrections and Conditional Release Act, as enacted by sections 44, 45 and 47, respectively, of this Act, apply to every offender sentenced in respect of an offence referred to in any of those provisions regardless of the day on which the offender was sentenced, committed or transferred to penitentiary.

      • Referral to Board

        (2) The Service may, within thirty days after the coming into force of paragraphs 129(2)(a) and (b) of the Corrections and Conditional Release Act, as enacted by subsection 44(2) of this Act, refer to the Board the case of an offender where the Service is of the opinion set out in subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act, as enacted by subsection 44(2) of this Act, even if the referral takes place later than six months before the day on which the offender is entitled to be released on statutory release.

      • Idem

        (3) The Commissioner may, within thirty days after the coming into force of subsection 129(3) of the Corrections and Conditional Release Act, as enacted by subsection 44(3) of this Act, refer the case of an offender who is serving a sentence of two years or more to the Chairperson of the Board for review under that subsection later than six months before the day on which the offender is entitled to be released on statutory release, where the Commissioner believes on reasonable grounds that the offender is likely, before the expiration of the sentence according to law, to commit a sexual offence involving a child.

  • — 1995, c. 42, s. 91

    • Revocation of parole or statutory release

      91 The revocation of parole or statutory release provided by subsection 135(9.1) of the Corrections and Conditional Release Act, as enacted by subsection 50(7) of this Act, only applies where the additional sentence is imposed after the coming into force of subsection 135(9.1) of that Act.

  • — 1995, c. 42, s 92

    • Interruption of parole or statutory release
      • 92 (1) Where the sentence of an offender who is on parole or statutory release is interrupted pursuant to subsection 139(2) of the Corrections and Conditional Release Act, as it read immediately before the coming into force of section 54 of this Act, that sentence is not resumed until the later sentence expires or until the parole or statutory release is terminated or revoked.

      • Idem

        (2) Where the sentence of an offender who is on parole or statutory release is interrupted pursuant to subsection 139(2) of the Corrections and Conditional Release Act, as it read immediately before the coming into force of section 54 of this Act, and the parole or statutory release is terminated or revoked, the offender shall serve the total of

        • (a) the unexpired portion of the sentence the offender was serving while on parole or statutory release, and

        • (b) the unexpired portion of any later sentence.

  • — 2001, c. 41, s. 94, as amended by 2011, c. 11, s. 13

    • Transitional provision
      • 94 (1) The following provisions apply to an offender regardless of the day on which the offender was sentenced, committed or transferred to penitentiary:

        • (a) [Repealed, 2011, c. 11, s. 13]

        • (b) Schedule I to the Act as amended by sections 91 to 93.

      • (2) [Repealed, 2011, c. 11, s. 13]

  • — 2011, c. 11, s. 10

    • Application
      • 10 (1) Subject to subsection (2), the accelerated parole review process set out in sections 125 to 126.1 of the Corrections and Conditional Release Act, as those sections read on the day before the day on which section 5 comes into force, does not apply, as of that day, to offenders who were sentenced, committed or transferred to penitentiary, whether the sentencing, committal or transfer occurs before, on or after the day of that coming into force.

      • Restriction

        (2) For greater certainty, the repeal of sections 125 to 126.1 of the Corrections and Conditional Release Act does not affect the validity of a direction made under those sections before the day on which section 5 comes into force.

  • — 2012, c. 1, s. 105

    • Recalculation of statutory release date

      105 Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

  • — 2012, c. 1, s. 106

    • Detention

      106 Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition sexual offence involving a child in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.

  • — 2012, c. 1, s. 107

    • Automatic suspension, cancellation or revocation

      107 Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

  • — 2012, c. 19, s. 528

    • Hearings

      528 Paragraph 140(1)(d) of the Corrections and Conditional Release Act, as enacted by section 527, applies only in respect of a review of the case of an offender begun on or after the day on which this section comes into force.

  • — 2014, c. 25, s. 45.1

    • Review
      • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

      • Report

        (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 the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

  • — 2015, c. 11, s. 7

    • Additional sentence
      • 7 (1) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply in respect of an offender who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

      • Additional sentence — on parole or statutory release

        (2) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

      • First review — section 122, 123 or 131

        (3) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply in respect of an offender even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force. However, they do not apply to the first review on or after that day, under section 122, 123 or 131, as the case may be.

  • — 2016, c. 3, s. 9.1

    • Mature minors, advance requests and mental illness
      • 9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.

      • (2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

  • — 2016, c. 3, s. 10

    • Review by committee
      • 10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

      • Report

        (2) The committee to which the provisions are referred is to review them and the state of palliative care in Canada and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

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