Corrections and Conditional Release Regulations (SOR/92-620)

148 [Repealed, SOR/2012-234, s. 1]

149 [Repealed, SOR/2012-234, s. 1]

150 [Repealed, SOR/2012-234, s. 1]

151 [Repealed, SOR/2012-234, s. 1]

152 The review of an application made by a person pursuant to subsection 140(4) of the Act shall be made by a panel that consists of at least one member of the Board.

153 In all other cases, a review of the case of an offender pursuant to the Act shall be made by a panel that consists of at least two members of the Board.

154 In the case of a panel consisting of more than one member, a decision of the Board in respect of any review of the case of an offender shall be rendered by a majority of the members of the panel but where there is no majority, the case of the offender shall be referred to a new panel of members who were not members of the previous panel.

Unescorted Temporary Absences

155 For the purposes of sections 116 and 117 of the Act, the releasing authority may authorize an unescorted temporary absence of an offender

• (a) for medical reasons to allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;

• (b) for administrative reasons to allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving;

• (c) for community service purposes to allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;

• (d) for family contact purposes to assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender’s release;

• (e) for parental responsibility reasons to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child;

• (f) for personal development for rehabilitative purposes to allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, or to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Indigenous persons, with the goal of assisting the reintegration of the offender into the community as a law-abiding citizen; or

• (g) for compassionate reasons to allow the offender to attend to urgent matters affecting the members of the offender’s immediate family or other persons with whom the offender has a close personal relationship.

• 156 (1) An offender may apply in writing to the releasing authority for an unescorted temporary absence for a purpose described in section 155.

• (2) An application referred to in subsection (1) shall not be submitted prior to the twelve-month period preceding the offender’s eligibility date for unescorted temporary absence.

• (3) Subject to subsection (4), the releasing authority shall review the case of an offender who applies for an unescorted temporary absence within six months after receiving the application, but in no case is the releasing authority required to review the case before the two months immediately preceding the offender’s eligibility date for unescorted temporary absence.

• (4) The releasing authority may postpone an unescorted temporary absence review with the consent of the offender.

• (5) The releasing authority may adjourn an unescorted temporary absence review for a period of not more than two months where the releasing authority requires

  • (a) further information relevant to the review; or

  • (b) further time to render a decision.

• (6) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender, except an application for an unescorted temporary absence for medical reasons.

Day Parole Reviews

• 157 (1) Where an offender applies for day parole pursuant to subsection 122(1) or (2) of the Act, the application shall be submitted to the Board not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced.

• (2) Subject to subsection (3), the Board shall review the case of an offender who applies, in accordance with subsection (1), for day parole within six months after receiving the application, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for day parole.

• (3) The Board may postpone a day parole review with the consent of the offender.

• (4) The Board may adjourn a day parole review for a period of not more than two months where the Board requires

  • (a) further information relevant to the review; or

  • (b) further time to render a decision.

Full Parole Reviews

• 158 (1) Subject to subsection (3), the Board shall, pursuant to subsection 123(1) of the Act, review, for the purposes of full parole, the case of an offender within the six months immediately preceding the offender’s eligibility date for full parole.

• (2) Subject to subsection (3), the Board shall review, for the purpose of full parole, the case of an offender who applies pursuant to subsection 123(3) or (6) of the Act, within six months after receiving the application, where the application is received not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for full parole.

• (3) The Board may postpone a full parole review with the consent of the offender.

• (4) The Board may adjourn a full parole review for a period of not more than two months where the Board requires

  • (a) further information relevant to the review; or

  • (b) further time to render a decision.

159 [Repealed, SOR/2012-234, s. 3]

Detention during Period of Statutory Release

• 160 (1) Where the case of an offender is referred to the Board pursuant to subsection 129(2) of the Act or to the Chairperson of the Board pursuant to subsection 129(3) of the Act, the Board shall inform the offender, in writing, of

  • (a) the referral

    • (i) five months before the offender’s date for statutory release, where the case is referred to the Board or to the Chairperson of the Board not later than six months before that date, or

    • (ii) in all other cases, as soon as practicable; and

  • (b) the date of a review to be held pursuant to subsection 129(5) or 130(1) of the Act as soon as practicable after the date of the review has been set by the Board.

• (2) A review of the case of an offender by the Board pursuant to subsection 130(1) of the Act shall be held

  • (a) not later than three months before the offender’s date for statutory release, where the case of the offender has been referred to the Board or to the Chairperson of the Board at least four months before that date; or

  • (b) in all other cases, not later than one month after the case has been referred to the Board or to the Chairperson of the Board.

• (3) For the purposes of paragraph 130(3.2)(a) of the Act, the Board shall review the order made under paragraph 130(3)(a) of the Act within one month after the day on which the Board is notified that an offender has received an additional sentence referred to in subsection 130(3.2) of the Act.

Conditions of Release

• 161 (1) For the purposes of subsection 133(2) of the Act, every offender who is released on parole or statutory release is subject to the following conditions, namely, that the offender

  • (a) on release, travel directly to the offender’s place of residence, as set out in the release certificate respecting the offender, and report to the offender’s parole supervisor immediately and thereafter as instructed by the parole supervisor;

  • (b) remain at all times in Canada within the territorial boundaries fixed by the parole supervisor;

  • (c) obey the law and keep the peace;

  • (d) inform the parole supervisor immediately on arrest or on being questioned by the police;

  • (e) at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;

  • (f) report to the police if and as instructed by the parole supervisor;

  • (g) advise the parole supervisor of the offender’s address of residence on release and thereafter report immediately

    • (i) any change in the offender’s address of residence,

    • (ii) any change in the offender’s normal occupation, including employment, vocational or educational training and volunteer work,

    • (iii) any change in the domestic or financial situation of the offender and, on request of the parole supervisor, any change that the offender has knowledge of in the family situation of the offender, and

    • (iv) any change that may reasonably be expected to affect the offender’s ability to comply with the conditions of parole or statutory release;

  • (h) not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor; and

  • (i) in respect of an offender released on day parole, on completion of the day parole, return to the penitentiary from which the offender was released on the date and at the time provided for in the release certificate.

• (2) For the purposes of subsection 133(2) of the Act, every offender who is released on unescorted temporary absence is subject to the following conditions, namely, that the offender

  • (a) on release, travel directly to the destination set out in the absence permit respecting the offender, report to a parole supervisor as directed by the releasing authority and follow the release plan approved by the releasing authority;

  • (b) remain in Canada within the territorial boundaries fixed by the parole supervisor for the duration of the absence;

  • (c) obey the law and keep the peace;

  • (d) inform the parole supervisor immediately on arrest or on being questioned by the police;

  • (e) at all times carry the absence permit and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;

  • (f) report to the police if and as instructed by the releasing authority;

  • (g) return to the penitentiary from which the offender was released on the date and at the time provided for in the absence permit;

  • (h) not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor.

• 162 (1) Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decision

  • (a) in the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;

  • (b) in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; and

  • (c) in the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.

• (2) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.

162.1 If the Service demands that an offender wear a monitoring device in order to monitor their compliance with a condition set out in subsection 57.1(1) of the Act, the Service is to inform the offender of the duration of the requirement.

162.2 For the purposes of subsection 57.1(2) of the Act, the prescribed official is a monitoring device coordinator.

162.3 If an offender makes representations regarding the duration of the requirement referred to in subsection 57.1(2) of the Act, the monitoring device coordinator is to review the representations and confirm or vary the duration of the requirement.

162.4 The Commissioner is authorized to make rules, by Commissioner’s Directive, regarding the consequences of tampering with or refusing to wear a monitoring device.

Cancellation, Suspension, Termination and Revocation of Release

• 163 (1) Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.

• (2) Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

• (3) Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender’s request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.

• (4) Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

Review by Way of Hearing

• 164 (1) Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.

• (2) Where the Board’s approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.