Corrections and Conditional Release Act (S.C. 1992, c. 20)

Definition of sentence

119.1 For the purposes of sections 119.2 to 120.3, and unless the context requires otherwise, sentence means a sentence that is not constituted under subsection 139(1).

Marginal note:Youth sentence

119.2 For the purposes of sections 120 to 120.3, the eligibility for parole of a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a provincial correctional facility for adults or a penitentiary under section 89, 92 or 93 of that Act shall be determined on the basis of the total of the custody and supervision periods of the youth sentence.

Marginal note:Time when eligible for full parole

• 120 (1) Subject to sections 746.1 and 761 of the Criminal Code and to any order made under section 743.6 of that Act, to subsection 226.1(2) of the National Defence Act and to any order made under section 226.2 of that Act, and to subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.

• Marginal note:Life sentence

  (2) Subject to any order made under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, an offender who is serving a life sentence, imposed otherwise than as a minimum punishment, is not eligible for full parole until the day on which the offender has served a period of ineligibility of seven years less any time spent in custody between the day on which the offender was arrested and taken into custody, in respect of the offence for which the sentence was imposed, and the day on which the sentence was imposed.

Marginal note:Multiple sentences on same day

• 120.1 (1) A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of

  • (a) the period of ineligibility in respect of any portion of the sentence constituted under subsection 139(1) that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and

  • (b) the period of ineligibility in respect of any other portion of that sentence.

• Marginal note:One or more additional consecutive sentences

  (2) If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

  • (a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

  • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.

• Marginal note:Additional sentence to be served consecutively to portion of sentence

  (3) Despite subsection (2), if an offender who is serving a sentence or a sentence that was constituted under subsection 139(1) receives an additional sentence or two or more sentences that are to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences including a sentence to be served concurrently with the sentence being served and one or more sentences to be served consecutively to the additional concurrent sentence — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, any remaining period of ineligibility to which they are subject and the longer of the following periods:

  • (a) one third of the period that equals the difference between the length of the sentence that was constituted under subsection 139(1), including the additional sentence or sentences, and the length of the sentence that they are serving when the additional sentence is or sentences are imposed; or

  • (b) the period of ineligibility of the additional sentence that is or sentences that are ordered to be served consecutively.

Marginal note:Additional concurrent sentence

• 120.2 (1) Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of

  • (a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and

  • (b) the day on which they have served

    • (i) the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act, and

    • (ii) the period of ineligibility in respect of any other portion of that sentence.

• Marginal note:One or more sentences in addition to life sentence

  (2) If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

  • (a) any remaining period of ineligibility to which they are subject, and

  • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

• Marginal note:Reduction of period of ineligibility for parole

  (3) If there has been a reduction — under section 745.6 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act — in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

  • (a) any remaining period of ineligibility to which they would have been subject after taking into account the reduction, and

  • (b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

Marginal note:Maximum period

120.3 Subject to section 745 of the Criminal Code, subsection 226.1(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, the day on which an offender is eligible for full parole shall not be later than

• (a) in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;

• (b) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and

• (c) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.

Marginal note:Exceptional cases

• 121 (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 of the Criminal Code or section 226.2 of the National Defence Act — parole may be granted at any time to an offender

  • (a) who is terminally ill;

  • (b) whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;

  • (c) for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or

  • (d) who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.

• Marginal note:Exceptions

  (2) Paragraphs (1)(b) to (d) do not apply to an offender who is

  • (a) serving a life sentence imposed as a minimum punishment or commuted from a sentence of death; or

  • (b) serving, in a penitentiary, a sentence for an indeterminate period.

Parole Reviews

Marginal note:Day parole review

• 122 (1) Subject to subsection 119(2), the Board shall, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of every offender other than an offender referred to in subsection (2).

• Marginal note:Special cases

  (2) The Board may, on application, at the time prescribed by the regulations, review, for the purpose of day parole, the case of an offender who is serving a sentence of two years or more in a provincial correctional facility in a province in which no program of day parole has been established for that category of offender.

• Marginal note:Decision or adjournment

  (3) With respect to a review commenced under this section, the Board shall decide whether to 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:No application for one year

  (4) No application for day 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 day parole or cancels or terminates parole.

• Marginal note:Maximum duration

  (5) Day parole may be granted to an offender for a period not exceeding six months, and may be continued for additional periods not exceeding six months each following reviews of the case by the Board.

• Marginal note:Withdrawal of application

  (6) An offender may not withdraw an application for day 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.

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.