Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

Related Amendments

1992, c. 20Corrections and Conditional Release Act

Marginal note:2004, c. 21, s. 39

 The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence”

« peine » ou « peine d’emprisonnement »

“sentence” means a sentence of imprisonment and includes

  • (a) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and

  • (b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;

 Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:

  • (a) any period during which the offender could be entitled to statutory release;

  • (b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or

  • (c) any remission that stands to the credit of the offender on November 1, 1992.

R.S., c. P-20Prisons and Reformatories Act

Marginal note:2002, c. 1, s. 196(2)

 The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:

“sentence”

« peine »

“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act.

Marginal note:1995, c. 42, s. 82(1)
  •  (1) Subsection 6(1) of the Act is replaced by the following:

    Marginal note:Remission
    • 6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.

  • Marginal note:2002, c. 1, s. 197

    (2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:

    • Marginal note:Transfer or committal to prison

      (7.1) When a prisoner is transferred from a youth custody facility to a prison as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

    • Marginal note:Exceptional date of release

      (7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.

  • Marginal note:2002, c. 1, s. 197

    (3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Effect of release

      (7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.2), is entitled to be released,

Consequential Amendments

R.S., c. C-46Criminal Code

Marginal note:2002, c. 1, s. 181

 Paragraph 667(1)(a) of the Criminal Code is replaced by the following:

  • (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by

    • (i) the person who made the conviction, order for the discharge or finding of guilt,

    • (ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or

    • (iii) a fingerprint examiner;

Marginal note:1995, c. 42, par. 87(b)

 Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following:

1998, c. 37DNA Identification Act

Marginal note:2005, c. 25, s. 19

 Subsection 9.1(2) of the DNA Identification Act is replaced by the following:

  • Marginal note:Exception

    (2) Section 9 nevertheless applies to information in the convicted offenders index in relation to

    • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) a record to which subsection 120(6) of that Act applies.

Marginal note:2005, c. 25, s. 21

 Subsection 10.1(2) of the Act is replaced by the following:

  • Marginal note:Exception

    (2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to

    • (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) a record to which subsection 120(6) of that Act applies.

Coming into Force

Marginal note:Order in council

 The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 52001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT

Amendments to the Act

 Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:

  • (h) to protect public health and safety and to maintain the security of Canadian society;

 Section 30 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Authorization

    (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.

  • Marginal note:Instructions

    (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.

  • Marginal note:Concurrence of second officer

    (1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.

  • Marginal note:Purpose

    (1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

  • Marginal note:Publication

    (1.5) The instructions shall be published in the Canada Gazette.

  • Marginal note:Application

    (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.

  • Marginal note:Revocation

    (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.

 
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