Corrections and Conditional Release Act

Marginal note:Full parole review

• 123 (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review the case of every offender who is serving a sentence of two years or more and who is not within the jurisdiction of a provincial parole board.

• Marginal note:Waiver of review

  (2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.

• Marginal note:Review by Board

  (3) The Board shall, on application within the period prescribed by the regulations, review, for the purpose of full parole, the case of every offender who is serving a sentence of less than two years in a penitentiary or provincial correctional facility in a province where no provincial parole board has been established.

• Marginal note:Short sentences

  (3.1) The Board is not required to review the case of an offender who applies for full parole if the offender is serving a sentence of less than six months.

• Marginal note:Decision or adjournment

  (4) With respect to a review commenced under this section, the Board shall decide whether to grant full parole, or may grant day parole, or may adjourn the review for a reason authorized by the regulations and for a reasonable period not exceeding the maximum period prescribed by the regulations.

• Marginal note:Further review — Board does not grant parole

  (5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until

  • (a) the offender is released on full parole or on statutory release;

  • (b) the offender’s sentence expires; or

  • (c) less than four months remain to be served before the offender’s statutory release date.

• Marginal note:Violent offender

  (5.01) Despite subsection (5), if the Board decides not to grant parole to an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — following a review under subsection (1) or section 122, or if a review is not made by virtue of subsection (2), the Board shall conduct another review within five years after the later of the day on which the review took place or was scheduled to take place and thereafter within five years after that day until

  • (a) the offender is released on full parole or on statutory release;

  • (b) the offender’s sentence expires; or

  • (c) less than four months remain to be served before the offender’s statutory release date.

• Marginal note:Written reasons

  (5.02) If the Board decides not to grant parole to an offender referred to in subsection (5.01), it shall provide the offender with written reasons for its decision.

• Marginal note:Further review — Board terminates or cancels parole

  (5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until

  • (a) the offender is released on full parole or statutory release;

  • (b) the offender’s sentence expires; or

  • (c) less than four months remain to be served before the offender’s statutory release date.

• Marginal note:Violent offender

  (5.2) Despite subsection (5.1), if the Board cancels or terminates parole for an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — the Board shall conduct another review within four years after the date of cancellation or termination and, after that date, within five years after the day on which each preceding review takes place until

  • (a) the offender is released on full parole or on statutory release;

  • (b) the offender’s sentence expires; or

  • (c) less than four months remain to be served before the offender’s statutory release date.

• Marginal note:No application for one year

  (6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant full parole or cancels or terminates parole.

• Marginal note:Withdrawal of application

  (7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

• Definition of offence involving violence

  (8) In this section, offence involving violence means murder or any offence set out in Schedule I.