Corrections and Conditional Release Act

Marginal note:Definitions

• 99 (1) In this Part,

  Board

  Board means the Parole Board of Canada continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable; (Commission)

  Commissioner

  Commissioner has the same meaning as in Part I; (commissaire)

  community-based residential facility

  community-based residential facility has the same meaning as in subsection 66(3); (établissement résidentiel communautaire)

  day parole

  day parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; (semi-liberté)

  full parole

  full parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence; (libération conditionnelle totale)

  Indigenous

  Indigenous has the same meaning as in Part I; (autochtone)

  institutional head

  institutional head has the same meaning as in Part I; (Version anglaise seulement)

  long-term supervision

  long-term supervision has the same meaning as in Part I; (surveillance de longue durée)

  Minister

  Minister has the same meaning as in Part I; (ministre)

  offender

  offender means

  • (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section

    • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

    • (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or

  • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,

  but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code; (délinquant)

  parole

  parole means full parole or day parole; (libération conditionnelle)

  parole supervisor

  parole supervisor has the meaning assigned by the definition staff member in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender; (surveillant de liberté conditionnelle)

  penitentiary

  penitentiary has the same meaning as in Part I; (pénitencier)

  provincial parole board

  provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)

  regulations

  regulations means regulations made by the Governor in Council pursuant to section 156; (règlement ou réglementaire)

  sentence

  sentence has the same meaning as in Part I; (peine ou peine d’emprisonnement)

  serious harm

  serious harm means severe physical injury or severe psychological damage; (dommage grave)

  Service

  Service has the same meaning as in Part I; (Service)

  statutory release

  statutory release means release from imprisonment subject to supervision before the expiration of an offender’s sentence, to which an offender is entitled under section 127; (libération d’office)

  statutory release date

  statutory release date means the date determined in accordance with section 127; (date de libération d’office)

  unescorted temporary absence

  unescorted temporary absence means an unescorted temporary absence from penitentiary authorized under section 116; (permission de sortir sans escorte)

  victim

  victim has the same meaning as in Part I; (victime)

  working day

  working day has the same meaning as in Part I. (jour ouvrable)

• Marginal note:References to expiration of sentence

  (2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account

  • (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.

• Marginal note:Exercise of powers, etc.

  (3) Except as otherwise provided by this Part or by the regulations,

  • (a) powers, duties and functions assigned to the Commissioner by or pursuant to this Part may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

  • (b) powers, duties and functions assigned to the institutional head by or pursuant to this Part may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.