Bill C-10: An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts

C-10 First Session, Forty-first Parliament, 60 Elizabeth II, 2011 HOUSE OF COMMONS OF CANADA BILL C-10 An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts AS PASSED BY THE HOUSE OF COMMONSDECEMBER 5, 2011 90618 RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts”. SUMMARY Part 1 of this enactment creates, in order to deter terrorism, a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. It also amends the State Immunity Act to prevent a listed foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of actions that relate to its support of terrorism. Part 2 amends the Criminal Code to (a) increase or impose mandatory minimum penalties, and increase maximum penalties, for certain sexual offences with respect to children; (b) create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child; (c) expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or any other digital network; (d) expand the list of enumerated offences that may give rise to such orders and prohibitions; and (e) eliminate the reference, in section 742.1, to serious personal injury offences and to restrict the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life and for specified offences, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years. It also amends the Controlled Drugs and Substances Act to provide for minimum penalties for serious drug offences, to increase the maximum penalty for cannabis (marijuana) production and to reschedule certain substances from Schedule III to that Act to Schedule I. Part 3 amends the Corrections and Conditional Release Act to (a) clarify that the protection of society is the paramount consideration for the Correctional Service of Canada in the corrections process and for the National Parole Board and the provincial parole boards in the determination of all cases; (b) establish the right of a victim to make a statement at parole hearings and permit the disclosure to a victim of certain information about the offender; (c) provide for the automatic suspension of the parole or statutory release of offenders who receive a new custodial sentence and require the National Parole Board to review their case within a prescribed period; and (d) rename the National Parole Board as the Parole Board of Canada. It also amends the Criminal Records Act to substitute the term “record suspension” for the term “pardon”. It extends the ineligibility periods for applications for a record suspension and makes certain offences ineligible for a record suspension. It also requires the National Parole Board to submit an annual report that includes the number of applications for record suspensions and the number of record suspensions ordered. Lastly, it amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister of Public Safety and Emergency Preparedness may consider in deciding whether to consent to the transfer of a Canadian offender. Part 4 amends the sentencing and general principles of the Youth Criminal Justice Act, as well as its provisions relating to judicial interim release, adult and youth sentences, publication bans, and placement in youth custody facilities. It defines the terms “violent offence” and “serious offence”, amends the definition “serious violent offence” and repeals the definition “presumptive offence”. It also requires police forces to keep records of extrajudicial measures used to deal with young persons. Part 5 amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration. The enactment also makes related and consequential amendments to other Acts. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO ENACT THE JUSTICE FOR VICTIMS OF TERRORISM ACT AND TO AMEND THE STATE IMMUNITY ACT, THE CRIMINAL CODE, THE CONTROLLED DRUGS AND SUBSTANCES ACT, THE CORRECTIONS AND CONDITIONAL RELEASE ACT, THE YOUTH CRIMINAL JUSTICE ACT, THE IMMIGRATION AND REFUGEE PROTECTION ACT AND OTHER ACTS SHORT TITLE 1.       Safe Streets and Communities Act PART 1 JUSTICE FOR VICTIMS OF TERRORISM ACT Enactment of Act 2.       Enactment AN ACT TO DETER ACTS OF TERRORISM AGAINST CANADA AND CANADIANS Preamble SHORT TITLE 1.       Justice for Victims of Terrorism Act INTERPRETATION 2.       Definitions PURPOSE 3.       Purpose CAUSE OF ACTION 4.       Action Amendments to the State Immunity Act 3-9.       Amendments PART 2 SENTENCING Criminal Code 10-38.       Amendments Controlled Drugs and Substances Act 39-46.       Amendments Related Amendments 47.       An Act to amend the Criminal Code (firearms) and the Firearms Act 48.       National Defence Act Consequential Amendments 49.       Criminal Records Act 50.       National Defence Act Coming into Force 51.       Order in council PART 3 POST-SENTENCING Corrections And Conditional Release Act Amendments to the Act 52-104.       Amendments Transitional Provisions 105.       Recalculation of statutory release date 106.       Detention 107.       Automatic suspension, cancellation or revocation Criminal Records Act 108-134.       Amendments International Transfer of Offenders Act 135-136.       Amendments Consequential Amendments 137-139.       Canadian Human Rights Act 140.       Contraventions Act 141-147.       Criminal Code 148.       DNA Identification Act 149-150.       Immigration and Refugee Protection Act 151.       Limiting Pardons for Serious Crimes Act 152-155.       National Defence Act 156-159.       Youth Criminal Justice Act Terminology Changes 160.       Amendments Transitional Provisions 161.       New applications for pardons 162.       Pending applications — Criminal Records Act 163.       Pending applications — references in other legislation 164.       Pardons in effect — Criminal Records Act 165.       Pardons in effect — references in other legislation Coming into Force 166.       Order in council PART 4 YOUTH CRIMINAL JUSTICE Youth Criminal Justice Act Amendments to the Act 167-194.       Amendments Transitional Provision 195.       Offences committed before this section in force Related Amendments 196-197.       Corrections and Conditional Release Act 198-199.       Prisons and Reformatories Act Consequential Amendments 200-201.       Criminal Code 202-203.       DNA Identification Act Coming into Force 204.       Order in council PART 5 IMMIGRATION AND REFUGEE PROTECTION ACT Amendments to the Act 205-207.       Amendments Coming into Force 208.       Order in council SCHEDULE 1st Session, 41st Parliament, 60 Elizabeth II, 2011 house of commons of canada BILL C-10 An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Safe Streets and Communities Act. PART 1 JUSTICE FOR VICTIMS OF TERRORISM ACT Enactment of Act Enactment of Act 2. The Justice for Victims of Terrorism Act is enacted as follows: An Act to deter acts of terrorism against Canada and Canadians Preamble Whereas Canadians and people everywhere are entitled to live their lives in peace, freedom and security; Whereas Parliament recognizes that terrorism is a matter of national concern that affects the security of the nation and considers it a priority to deter and prevent acts of terrorism against Canada and Canadians; Whereas acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation; Whereas the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress and incapacitate acts of terrorism; Whereas United Nations Security Council Resolution 1373 (2001) reaffirms that acts of international terrorism constitute a threat to international peace and security, and reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by acts of terrorism; Whereas Canada ratified the 1999 International Convention for the Suppression of the Financing of Terrorism on February 15, 2002; Whereas hundreds of Canadians have been murdered or injured in terrorist attacks; Whereas terrorism is dependent on financial and material support; Whereas certain states that support terrorism should not benefit from state immunity in this regard; And whereas Parliament considers that it is in the public interest to enable plaintiffs to bring lawsuits against terrorists and their supporters, which will have the effect of impairing the functioning of terrorist groups in order to deter and prevent acts of terrorism against Canada and Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Justice for Victims of Terrorism Act. INTERPRETATION Definitions 2. The following definitions apply in this Act. “foreign state”« État étranger » “foreign state” has the same meaning as in section 2 of the State Immunity Act. “listed entity”« entité inscrite » “listed entity” has the same meaning as in subsection 83.01(1) of the Criminal Code. “person”« personne » “person” includes an organization as defined in section 2 of the Criminal Code. PURPOSE Purpose 3. The purpose of this Act is to deter terrorism by establishing a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters. CAUSE OF ACTION Action 4. (1) Any person that has suffered loss or damage in or outside Canada on or after January 1, 1985 as a result of an act or omission that is, or had it been committed in Canada would be, punishable under Part II.1 of the Criminal Code, may, in any court of competent jurisdiction, bring an action to recover an amount equal to the loss or damage proved to have been suffered by the person and obtain any additional amount that the court may allow, from any of the following: (a) any listed entity or other person that committed the act or omission that resulted in the loss or damage; or (b) a foreign state or listed entity or other person that — for the benefit of or otherwise in relation to the listed entity referred to in paragraph (a) — committed an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code. Conditions —hearing and determination of action by court (2) A court may hear and determine the action referred to in subsection (1) only if the action has a real and substantial connection to Canada or the plaintiff is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. Presumption (2.1) In an action under subsection (1), the defendant is presumed to have committed the act or omission that resulted in the loss or damage to the plaintiff if the court finds that (a) a listed entity caused or contributed to the loss or damage by committing an act or omission that is, or had it been committed in Canada would be, punishable under Part II.1 of the Criminal Code; and (b) the defendant — for the benefit of or otherwise in relation to the listed entity referred to in paragraph (a) — committed an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code. Suspension of limitation or prescription period (3) A limitation or prescription period in respect of an action brought under subsection (1) does not begin before the day on which this section comes into force and is suspended during any period in which the person that suffered the loss or damage (a) is incapable of beginning the action because of any physical, mental or psychological condition; or (b) is unable to ascertain the identity of the listed entity, person or foreign state referred to in paragraph (1)(a) or (b). Refusal to hear claim (4) The court may refuse to hear a claim against a foreign state under subsection (1) if the loss or damage to the plaintiff occurred in the foreign state and the plaintiff has not given the foreign state a reasonable opportunity to submit the dispute to arbitration in accordance with accepted international rules of arbitration. Judgments of foreign courts (5) A court of competent jurisdiction must recognize a judgment of a foreign court that, in addition to meeting the criteria under Canadian law for being recognized in Canada, is in favour of a person that has suffered loss or damage referred to in subsection (1). However, if the judgment is against a foreign state, that state must be set out on the list referred to in subsection 6.1(2) of the State Immunity Act for the judgment to be recognized. R.S., c. S-18 Amendments to the State Immunity Act 3. The heading before section 2 of the French version of the State Immunity Act is replaced by the following: DÉFINITIONS ET INTERPRÉTATION 4. The Act is amended by adding the following after section 2: Meaning of supports terrorism 2.1 For the purposes of this Act, a foreign state supports terrorism if it commits, for the benefit of or otherwise in relation to a listed entity as defined in subsection 83.01(1) of the Criminal Code, an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code. 5. The Act is amended by adding the following after section 6: Support of terrorism 6.1 (1) A foreign state that is set out on the list referred to in subsection (2) is not immune from the jurisdiction of a court in proceedings against it for its support of terrorism on or after January 1, 1985. List of foreign states (2) The Governor in Council may, by order, establish a list on which the Governor in Council may, at any time, set out the name of a foreign state if, on the recommendation of the Minister of Foreign Affairs made after consulting with the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the foreign state supported or supports terrorism. Establishment of list (3) The list must be established no later than six months after the day on which this section comes into force. Application to be removed from list (4) On application in writing by a foreign state, the Minister of Foreign Affairs must, after consulting with the Minister of Public Safety and Emergency Preparedness, decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be set out on the list. Notice of decision to applicant (5) The Minister of Foreign Affairs must without delay give notice to the applicant of that Minister’s decision respecting the application. New application (6) A foreign state set out on the list may not make another application under subsection (4), unless there has been a material change in its circumstances since the foreign state made its last application or the Minister of Foreign Affairs has completed the review under subsection (7). Review of list (7) Two years after the establishment of the list, and every two years after that, the Minister of Foreign Affairs must (a) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are still reasonable grounds, as set out in subsection (2), for a foreign state to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should remain set out on the list; and (b) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are reasonable grounds, as set out in subsection (2), for a foreign state that is not set out on the list to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should be set out on the list. Effect of review (8) The review does not affect the validity of the list. Completion of review (9) The Minister of Foreign Affairs must complete the review as soon as feasible, but in any case within 120 days, after its commencement. After completing the review, that Minister must without delay cause a notice to be published in the Canada Gazette that it has been completed. Effect of removal from list on proceedings (10) If proceedings for support of terrorism are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state’s immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings. 6. Subsection 11(3) of the Act is replaced by the following: Exception (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism. 7. (1) Paragraph 12(1)(b) of the Act is replaced by the following: (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism; (2) Subsection 12(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph: (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism and to property other than property that has cultural or historical value. 8. The Act is amended by adding the following after section 12: Assistance for judgment creditors 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests: (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada. Disclosure of information (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose (a) information that was produced in or for a government institution, without the authorization of the government institution; and (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information. Definition of “government institution” (3) In subsection (2), “government institution” means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament. 9. Subsection 13(2) of the Act is replaced by the following: Exception (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism. PART 2 SENTENCING R.S., c. C-46 Criminal Code 10. Subsection 7(4.1) of the Criminal Code is amended by replacing “171” with “171, 171.1, 172.1, 172.2”. 2005, c. 32, s. 3 11. Paragraphs 151(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 2005, c. 32, s. 3 12. Paragraphs 152(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 2005, c. 32, s. 4(2) 13. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following: (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 14. Subsection 155(2) of the Act is replaced by the following: Punishment (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years. R.S., c. 19 (3rd Supp.), s. 3; 2008, c. 6, par. 54(d) 15. Subsection 160(3) of the Act is replaced by the following: Bestiality in presence of or by child (3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. 2002, c. 13, s. 4(2); 2008, c. 6, par. 54(e) 16. (1) Subsection 161(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following: (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or (d) using the Internet or other digital network, unless the offender does so in accord- ance with conditions set by the court. (2) Paragraph 161(1.1)(a) of the Act is amended by replacing (a) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”; (b) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and (c) “273 or 281” with “273, 280 or 281”. 2005, c. 32, s. 7(2) 17. (1) Paragraph 163.1(2)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months. 2005, c. 32, s. 7(3) (2) Paragraph 163.1(3)(b) of the Act is replaced by the following: (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months. 2005, c. 32, s. 7(4) (3) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following: (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 2005, c. 32, s. 7(5) (4) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following: (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 2008, c. 18, s. 4 18. The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following: Forfeiture after conviction 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing 2005, c. 32, s. 9.1; 2008, c. 6, par. 54(f) 19. Paragraphs 170(a) and (b) of the Act are replaced by the following: (a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or (b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years. 2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g) 20. Paragraph 171(b) of the Act is replaced by the following: (b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person is 16 years of age or more but under the age of 18 years. 21. The Act is amended by adding the following after section 171: Making sexually explicit material available to child 171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person; (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days. Presumption (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. Definition of “sexually explicit material” (5) In subsection (1), “sexually explicit material” means material that is not child pornography, as defined in subsection 163.1(1), and that is (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts; (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person. 2002, c. 13, s. 8; 2008, c. 6, s. 14 22. (1) The portion of subsection 172.1(1) of the Act before paragraph (c) is replaced by the following: Luring a child 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person; (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or 2002, c. 13, s. 8; 2007, c. 20, s. 1 (2) Subsection 172.1(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. 2002, c. 13, s. 8 (3) Subsection 172.1(3) of the French version of the Act is replaced by the following: Présomption (3) La preuve que la personne visée aux alinéas (1)a), b) ou c) a été présentée à l’accusé comme ayant moins de dix-huit, seize ou quatorze ans, selon le cas, constitue, sauf preuve contraire, la preuve que l’accusé la croyait telle. R.S., c. 19 (3rd Supp.), s. 7(1); 2010, c. 17, s. 2 23. Section 173 of the Act is replaced by the following: Agreement or arrangement — sexual offence against child 172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence (a) under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to another person who is, or who the accused believes is, under the age of 18 years; (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days. Presumption (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. No defence (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c) (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist. Indecent acts 173. (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months. Exposure (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days. 24. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxix): (xxix.1) section 170 (parent or guardian procuring sexual activity), (xxix.2) section 171 (householder permitting sexual activity), (xxix.3) section 171.1 (making sexually explicit material available to child), (xxix.4) section 172.1 (luring a child), (xxix.5) section 172.2 (agreement or arrangement — sexual offence against child), R.S., c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19 25. Section 271 of the Act is replaced by the following: Sexual assault 271. Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days. 26. Subsection 272(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and 27. Subsection 273(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph: (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and 28. Subsection 486(3) of the Act is amended by replacing “171, 172, 172.1” with “170, 171, 171.1, 172, 172.1, 172.2”. 29. Subparagraph 486.4(1)(a)(i) of the Act is amended by replacing (a) “171, 172, 172.1” with “171, 171.1, 172, 172.1, 172.2”; and (b) “279.03” with “279.03, 280, 281”. 2010, c. 17, s. 3(1) 30. Subparagraph (a)(i.91) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following: (i.901) section 171.1 (making sexually explicit material available to child), (i.91) section 172.1 (luring a child), (i.911) section 172.2 (agreement or arrangement — sexual offence against child), 2004, c. 10, s. 20 31. Subparagraph (a)(x) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following: (ix.1) section 171.1 (making sexually explicit material available to child), (x) section 172.1 (luring a child), (x.1) section 172.2 (agreement or arrangement — sexual offence against child), 2001, c. 41, s. 133(15) 32. (1) Paragraph 515(4.1)(c) of the Act is replaced by the following: (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, 1999, c. 5, s. 21 (2) Paragraph 515(6)(d) of the Act is replaced by the following: (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence. 1996, c. 19, s. 72 33. Subparagraph 553(c)(xi) of the Act is replaced by the following: (xi) paragraph 5(3)(a.1) of the Controlled Drugs and Substances Act. 2007, c. 12, s. 1 34. Section 742.1 of the Act is replaced by the following: Imposing of conditional sentence 742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; (b) the offence is not an offence punishable by a minimum term of imprisonment; (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life; (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more; (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that (i) resulted in bodily harm, (ii) involved the import, export, trafficking or production of drugs, or (iii) involved the use of a weapon; and (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions: (i) section 144 (prison breach), (ii) section 264 (criminal harassment), (iii) section 271 (sexual assault), (iv) section 279 (kidnapping), (v) section 279.02 (trafficking in persons — material benefit), (vi) section 281 (abduction of person under fourteen), (vii) section 333.1 (motor vehicle theft), (viii) paragraph 334(a) (theft over $5000), (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house), (x) section 349 (being unlawfully in a dwelling-house), and (xi) section 435 (arson for fraudulent purpose). 2008, c. 6, s. 40 35. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following: (ix.1) section 172.2 (agreement or arrangement — sexual offence against child), (x) subsection 212(1) (procuring), (x.1) subsection 212(2) (living on avails of prostitution of person under eighteen), 2002, c. 13, s. 76 36. Paragraph 753.1(2)(a) of the Act is replaced by the following: (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure), 212(2) (living on the avails of prostitution of person under eighteen), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years) or 212(4) (offence — prostitution of person under eighteen) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and 37. (1) Subsection 810.1(1) of the Act is amended by replacing (a) “151, 152, 155” with “151 or 152, subsection 153(1), section 155”; (b) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”; (c) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and (d) “272 or 273” with “272, 273, 280 or 281”. 2008, c. 6, par. 62(2)(b) (2) Paragraph 810.1(3.02)(a) of the Act is replaced by the following: (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate; (a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge; 2007, c. 22, s. 23 38. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following: [ ] (iii) an offence under any of sections 145 to 148, subsection 160(3), sections 170, 171.1, 173, 252, 264, 264.1, 266 and 270, paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code, 1996, c. 19 Controlled Drugs and Substances Act 39. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following: (a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and (i) to a minimum punishment of imprisonment for a term of one year if (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code, (B) the person used or threatened to use violence in committing the offence, (C) the person carried, used or threat- ened to use a weapon in committing the offence, or (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or (ii) to a minimum punishment of impris- onment for a term of two years if (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence; (a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day; (2) Subsections 5(4) to (6) of the Act are replaced by the following: Interpretation (5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule. Interpretation (6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance. 40. Paragraph 6(3)(a) of the Act is replaced by the following: (a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if (i) the offence is committed for the purposes of trafficking, (ii) the person, while committing the offence, abused a position of trust or authority, or (iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence; (a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years; 41. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following: (a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case; (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment (i) for a term of one year if the production is for the purpose of trafficking, or (ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply; (b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of (i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking, (ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply, (iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501, (iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply, (v) imprisonment for a term of two years if the number of plants produced is more than 500, or (vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply; (2) Section 7 of the Act is amended by adding the following after subsection (2): Factors (3) The following factors must be taken into account in applying paragraphs (2)(a) to (b): (a) the person used real property that belongs to a third party in committing the offence; (b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area; (c) the production constituted a potential public safety hazard in a residential area; or (d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area. 42. The Act is amended by adding the following after section 7: Notice Notice 8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment. Report to Parliament Review 9. (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. Report (2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends. 1999, c. 5, s. 49(1) 43. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Factors to take into consideration (2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person (2) Section 10 of the Act is amended by adding the following after subsection (3): Drug treatment court program (4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender (a) to participate in a drug treatment court program approved by the Attorney General; or (b) to attend a treatment program under subsection 720(2) of the Criminal Code. Minimum punishment (5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted. 44. Schedule I to the Act is amended by adding the following after item 18: 19.       Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including: (1)       amphetamine (α-methylbenzene-ethanamine) (2)       N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine) (3)       4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine) (4)       3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine) (5)       2,5-dimethoxyamphetamine (2,5-dimethoxy-α-methylbenzene-ethanamine) (6)       4-methoxyamphetamine (4-methoxy-α-methylbenzene­ethanamine) (7)       2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzene­ethanamine) (8)       N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine) (9)       4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine) (10)       5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzo­dioxole-5-ethanamine) (11)       N,N-dimethyl-3,4-methylenedioxyamphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine) (12)       N-ethyl-3,4-methylenedioxyamphetamine (N-ethyl-α-methyl-1,3-benzo­dioxole-5-ethanamine) (13)       4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine) (14)       4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine) (15)       4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine) (16)       4-ethoxyamphetamine (4-ethoxy-α-methylbenzene­ethanamine) (17)       Benzphetamine (N-benzyl-N,α-dimethylbenzene­ethanamine) (18)       N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzo­dioxole-5-ethanamine) (19)       N-(2-Hydroxyethyl)-α-meth-ylbenzene­ethanamine (20)       N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxyla­mine) (21)       3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzene­ethanamine) 20.       Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives 21.       4-hydroxybutanoic acid (GHB) and any of its salts SOR/97-230, s. 7; SOR/2003-32, s. 2; SOR/2005-235, s. 2 45. Item 1 of Schedule III to the Act is repealed. SOR/98-173, s. 1; SOR/2000-220, s. 1 46. Items 25 and 26 of Schedule III to the Act are repealed. Related Amendments 2003, c. 8 An Act to amend the Criminal Code (firearms) and the Firearms Act 47. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act is repealed. R.S., c. N-5 National Defence Act 1998, c. 35, s. 40 48. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following: (ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or Consequential Amendments R.S., c. C-47 Criminal Records Act 49. (1) Paragraph 1(a) of Schedule 1 to the Criminal Records Act is amended by adding the following after subparagraph (vii): (vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences), (vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences), (vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences), (2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (ix): (ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18), (ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16), (ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14), R.S., c. N-5 National Defence Act 1996, c. 19, s. 83.1 50. Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following: (c) relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act, or Coming into Force Order in council 51. The provisions of this Part, other than subsection 32(2) and section 48, come into force on a day or days to be fixed by order of the Governor in Council. PART 3 POST-SENTENCING 1992, c. 20 Corrections And Conditional Release Act Amendments to the Act 2000, c. 12, s. 88 52. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following: “victim”« victime » “victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated, (a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year, (b) a relative or dependant of the person, (c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or (d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “provincial parole board”« commission provinciale » “provincial parole board” has the same meaning as in Part II; “unescorted temporary absence”« permission de sortir sans escorte » “unescorted temporary absence” has the same meaning as in Part II; “working day”« jour ouvrable » “working day” means a day on which offices of the federal public administration are generally open in the province in question. 53. The heading before section 3 of the Act is replaced by the following: Purpose and Principles 1995, c. 42, s. 2(F) 54. Section 4 of the Act and the heading before it are replaced by the following: Paramount consideration 3.1 The protection of society is the paramount consideration for the Service in the corrections process. Principles that guide Service 4. The principles that guide the Service in achieving the purpose referred to in section 3 are as follows: (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the National Parole Board and information obtained from victims, offenders and other components of the criminal justice system; (b) the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public; (c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act; (d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted; (e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service; (f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure; (g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups; (h) offenders are expected to obey penitentiary rules and conditions governing tempo- rary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and (i) staff members are properly selected and trained and are given (i) appropriate career development opportunities, (ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and (iii) opportunities to participate in the development of correctional policies and programs. 55. The Act is amended by adding the following after section 15: Correctional Plans Objectives for offender’s behaviour 15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following: (a) the level of intervention in respect of the offender’s needs; and (b) objectives for (i) the offender’s behaviour, including (A) to conduct themselves in a manner that demonstrates respect for other persons and property, (B) to obey penitentiary rules and respect the conditions governing their conditional release, if any, (ii) their participation in programs, and (iii) the meeting of their court-ordered obligations, including restitution to victims or child support. Maintenance of plan (2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen. Progress towards meeting objectives (3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan. Incentive measures 15.2 The Commissioner may provide offend- ers with incentives to encourage them to make progress towards meeting the objectives of their correctional plans. 1995, c. 22, s. 13 (Sch. II, item 1), c. 42, s. 6 56. Subsection 16(2) of the Act is replaced by the following: Effect of confinement (2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined. 57. (1) Subparagraph 26(1)(b)(ii) of the Act is replaced by the following: (ii) the name and location of the penitentiary in which the sentence is being served, (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served, (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served, (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated, (ii.4) the serious disciplinary offences that the offender has committed, (2) Subparagraph 26(1)(b)(vi) of the Act is replaced by the following: (vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and 58. The portion of section 28 of the Act before paragraph (a) is replaced by the following: Criteria for selection of penitentiary 28. If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions, taking into account 59. Section 30 of the Act is amended by adding the following after subsection (2): Subclassification (3) Within the maximum and medium secu- rity classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6). Commissioner to give reasons (4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification. 60. Section 31 of the Act is replaced by the following: Purpose 31. (1) The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates. Duration (2) The inmate is to be released from administrative segregation at the earliest appropriate time. Grounds for confining inmate in administrative segregation (3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopard- ize the security of the penitentiary or the safety of any person; (b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or (c) allowing the inmate to associate with other inmates would jeopardize the inmate’s safety. 61. Section 37 of the Act is replaced by the following: Inmate rights 37. An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that (a) can only be enjoyed in association with other inmates; or (b) cannot be enjoyed due to (i) limitations specific to the administrative segregation area, or (ii) security requirements. 62. (1) Paragraphs 40(f) and (g) of the Act are replaced by the following: (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general; (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them; (2) Section 40 of the Act is amended by striking out “or” at the end of paragraph (r) and by adding the following after that paragraph: (r.1) knowingly makes a false claim for compensation from the Crown; (r.2) throws a bodily substance towards another person; or 63. (1) Paragraph 44(1)(c) of the Act is replaced by the following: (c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence; (2) Paragraph 44(1)(f) of the Act is replaced by the following: (f) in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days. 64. The Act is amended by adding the following after section 57: Monitoring device 57.1 (1) The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geo- graphical area or requires them to be in a geographical area. Representations (2) An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement. 65. Section 61 of the Act is amended by adding the following after subsection (3): Exceptional power to search (4) An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that (a) there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and (b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger. 66. Section 84 of the Act is replaced by the following: Release to aboriginal community 84. If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community (a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and (b) an opportunity to propose a plan for the inmate’s release and integration into that community. 67. Subsection 93(2) of the French version of the Act is replaced by the following: Libération anticipée (2) Le directeur peut libérer un détenu dans les cinq jours qui précèdent celui normalement prévu pour sa libération s’il est convaincu que cette mesure facilitera sa réinsertion sociale. 1995, c. 42, s. 24(1) 68. Subsection 94(1) of the Act is replaced by the following: Temporary stay in penitentiary 94. (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence. 69. (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following: (i) les circonstances où une indemnité peut être versée, (2) Section 96 of the Act is amended by adding the following after paragraph (m): (m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1; (3) Paragraph 96(p) of the Act is replaced by the following: (p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs; (4) Paragraph 96(s) of the Act is replaced by the following: (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence; (5) Paragraph 96(y) of the Act is replaced by the following: (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate; 1995, c. 42, subpar. 72(a)(ii)(F) (6) Paragraphs 96(z.6) to (z.8) of the Act are replaced by the following: (z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification; (z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person; (z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases; 1995, c. 42, par. 70(a)(E); 1997, c. 17, s. 17(1)(F); 2003, c. 22, s. 155 70. (1) The definitions “day parole” and “working day” in subsection 99(1) of the Act are replaced by the following: “day parole”« semi-liberté » “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; “working day”« jour ouvrable » “working day” has the same meaning as in Part I. (2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order: “parole supervisor”« surveillant de liberté conditionnelle » “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; 71. Section 101 of the Act is replaced by the following: Paramount consideration 100.1 The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases. Principles guiding parole boards 101. The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows: (a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional author-ities; (b) parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public; (c) parole boards make decisions that are consistent with the protection of society and that are limited to only what is necessary and proportionate to the purpose of conditional release; (d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and (e) offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. 72. The heading before section 103 of the French version of the Act is replaced by the following: Commission des libérations conditionnelles du canada 1993, c. 34, s. 57(F) 73. Section 103 of the Act is replaced by the following: Board continued 103. The National Parole Board is continued as the Parole Board of Canada and consists of not more than 60 full-time members and a number of part-time members all of whom are appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding 10 years and three years, respectively. 74. Paragraph 115(1)(c) of the Act is replaced by the following: (c) in any other case, the longer of (i) six months, and (ii) one half of the period required to be served by the offender to reach their full parole eligibility date. 75. The Act is amended by adding the following after section 119: 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). 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. 1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 1998, c. 35, s. 113(1); 2000, c. 24, ss. 39 and 40 76. Sections 120.1 to 120.3 of the Act are replaced by the following: 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 140.4 of the National Defence Act, and (b) the period of ineligibility in respect of any other portion of that sentence. 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. 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. 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 140.4 of the National Defence Act, and (ii) the period of ineligibility in respect of any other portion of that sentence. 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. Reduction of period of ineligibility for parole (3) If there has been a reduction — under section 745.6 of the Criminal Code, subsection 140.3(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. Maximum period 120.3 Subject to section 745 of the Criminal Code, subsection 140.3(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. 1998, c. 35, s. 115 77. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following: 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 140.3(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 140.4 of the National Defence Act — parole may be granted at any time to an offender (2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following: Exceptions (2) Paragraphs (1)(b) to (d) do not apply to an offender who is 78. (1) Subsection 122(4) of the Act is replaced by the following: 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. (2) Subsection 122(6) of the Act is replaced by the following: 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. 1995, c. 42, par. 69(g)(E) 79. (1) Subsections 123(1) and (2) of the Act are replaced by the following: 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. 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. 1995, c. 42, s. 37(2) (2) Subsections 123(5) to (7) of the Act are replaced by the following: 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. 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. 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. 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. 2011, c. 11, s. 4(1) 80. Subsection 124(1) of the Act is replaced by the following: Offenders unlawfully at large 124. (1) The Board is not required to review the case of an offender who is unlawfully at large during the period prescribed by the regulations for a review under section 122 or 123 but it shall review the case as soon as possible after being informed of the offender’s return to custody. 1995, c. 42, s. 41 81. Subsection 127(5) of the Act is replaced by the following: If parole or statutory release revoked (5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release is revoked is (a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or (b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires. If additional sentence (5.1) If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence, (a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and (b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed. 82. The Act is amended by adding the following after section 127: Youth Criminal Justice Act 127.1 Subject to this Act, 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 penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired. 2001, c. 27, s. 242 83. Subsections 128(3) and (4) of the Act are replaced by the following: Sentence deemed to be completed (3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law. Removal order (4) Despite this Act, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole. 1995, c. 42, ss. 44(2) to (4) 84. (1) Subsections 129(2) and (3) of the Act are replaced by the following: Referral of cases to Board (2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that (a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, (i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or (ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or (b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law. Referral of cases to Chairperson of Board (3) If the Commissioner believes on reasonable grounds that an offender is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless (a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or (b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months. (2) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (iv): (iv.1) section 163.1 (child pornography), (3) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (vii): (vii.1) section 172.1 (luring a child), 1995, c. 42, s. 45(3) 85. Subsection 130(5) of the Act is replaced by the following: Temporary absence with escort (5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons. 1995, c. 42, s. 48(1) 86. Subsection 133(4.1) of the Act is replaced by the following: Residence requirement (4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code. 1995, c. 42, subpar. 71(a)(xviii)(F) 87. Subsection 134(2) of the Act is repealed. 1997, c. 17, s. 30 88. Subsection 134.2(2) of the Act is repealed. 1995, c. 42, s. 50(2) 89. (1) Subsection 135(2) of the Act is replaced by the following: Automatic suspension of parole or statutory release (1.1) If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed. Apprehension and recommitment (1.2) If an offender’s parole or statutory release is suspended under subsection (1.1), a member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize the offender’s apprehension and recommitment to custody until (a) the suspension is cancelled; (b) the parole or statutory release is terminated or revoked; or (c) the sentence expires according to law. Transfer of offender (2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary. 1995, c. 42, s. 50(3) (2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following: Cancellation of suspension or referral (3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, immediately after the recommitment of the offender, review the offender’s case and (3) Section 135 of the Act is amended by adding the following after subsection (3): Referral to Board — additional sentence (3.1) If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3). 1995, c. 42, ss. 50(4) and (5) (4) Subsection 135(5) of the Act is replaced by the following: Review by Board — sentence of two years or more (5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless the Board, at the offender’s request, adjourns the hearing or a member of the Board or a person designated, by name or position, by the Chairperson postpones the review — (a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society, (i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and (ii) revoke it in any other case; (b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and (c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release. (5) Section 135 of the Act is amended by adding the following after subsection (6.1): If parole eligibility date in future (6.2) If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be. Cancellation of parole — parole eligibility date in future (6.3) If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole. Review (6.4) If the Board exercises its power under subsection (6.3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review — and either confirm or cancel — its decision. 1995, c. 22, s. 18 (Sch. IV, item 19), c. 42, s. 50(7); 1997, c. 17, s. 32.1 (6) Subsections 135(9.1) to (9.5) of the Act are replaced by the following: Non-application of subsection (1.1) (9.1) Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who (a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or (b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary. Parole inoperative (9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated. 1997, c. 17, s. 33 90. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following: Review by Board (6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2), (a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or 1997, c. 17, s. 33 91. Section 136 of the Act is replaced by the following: Warrant for apprehension and recommitment 136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if (a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or (b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1). 92. The Act is amended by adding the following after section 137: Arrest without warrant — breach of conditions 137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer (a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to (i) establish the identity of the person, or (ii) prevent the continuation or repetition of the breach; and (b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person. 1995, c. 42, s. 53 93. Subsection 138(6) of the Act is replaced by the following: Effect of revocation on statutory release (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5). 94. The heading before section 139 of the Act is replaced by the following: Merged Sentences 1995, c. 42, s. 54 95. Subsection 139(1) of the Act is replaced by the following: Multiple sentences 139. (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served. 2011, c. 11, s. 6 96. (1) Paragraph 140(1)(b) of the Act is replaced by the following: (b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1); (2) Section 140 of the Act is amended by adding the following after subsection (9): Presentation of statements (10) If they are attending a hearing as an observer, (a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and (b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender. Presentation of statements in absence of person (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate. Communication of statement in writing (12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11). 97. Subsection 141(3) of the Act is replaced by the following: Waiver and postponement (3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines. 1995, c. 42, subpar. 71(a)(xxi)(F) 98. (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following: (v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence, (2) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii): (ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one. 99. Subsection 144(1) of the Act is replaced by the following: Registry of decisions 144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions. 100. Subsection 146(1) of the Act is replaced by the following: Constitution of Appeal Division 146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103. 101. The Act is amended by adding the following after section 154: Board members not to be witnesses 154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament. 102. Section 157 of the Act is amended by adding the following in alphabetical order: “statutory release”« libération d’office » “statutory release” has the same meaning as in Part II. 2001, c. 41, s. 91 103. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following: (a) sections 46 and 47 (high treason); (a.01) section 75 (piratical acts); (2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5): (a.6) section 83.18 (participation in activity of terrorist group); (a.7) section 83.19 (facilitating terrorist activity); (a.8) section 83.2 (commission of offence for terrorist group); (a.9) section 83.21 (instructing to carry out activity for terrorist group); (a.91) section 83.22 (instructing to carry out terrorist activity); (3) Paragraph 1(c) of Schedule I to the Act is replaced by the following: (c) section 87 (pointing a firearm); (c.1) section 98 (breaking and entering to steal firearm); (c.2) section 98.1 (robbery to steal firearm); (4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g): (g.1) section 153.1 (sexual exploitation of person with disability); (5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j): (j.1) section 163.1 (child pornography); (6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m): (m.1) section 172.1 (luring a child); (7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n): (n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years); (8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r): (r.1) section 244.1 (causing bodily harm with intent — air gun or pistol); (r.2) section 244.2 (discharging firearm — recklessness); (r.3) section 245 (administering noxious thing); (9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s): (s.01) section 247 (traps likely to cause bodily harm); (s.02) section 248 (interfering with transportation facilities); (10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1): (s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death); (s.12) section 249.2 (causing death by criminal negligence (street racing)); (s.13) section 249.3 (causing bodily harm by criminal negligence (street racing)); (s.14) section 249.4 (dangerous operation of motor vehicle while street racing); (11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3): (s.4) section 264.1 (uttering threats); (12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w): (w.1) section 269.1 (torture); (13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (x): (x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm); (x.2) section 270.02 (aggravated assault of peace officer); (14) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1): (z.11) section 273.3 (removal of child from Canada); (15) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following: (z.2) section 279 (kidnapping and forcible confinement); (16) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following: (z.3) sections 343 and 344 (robbery); (z.301) section 346 (extortion); 104. Schedule I to the Act is amended by adding the following after section 5: 5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998. Transitional Provisions Recalculation of statutory release date 105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force. Detention 106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force. Automatic suspension, cancellation or revocation 107. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force. R.S., c. C-47 Criminal Records Act 108. The long title of the Criminal Records Act is replaced by the following: An Act to provide for the suspension of the records of persons who have been convicted of offences and have subse- quently rehabilitated themselves 1992, c. 22, s. 1(1); 2010, c. 5, par. 7.1(a)(E) and 7.3(a)(F) 109. (1) The definition “pardon” in subsection 2(1) of the Act is repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “child”« enfant » “child” means a person who is less than 18 years of age; “Executive Committee”« Bureau » “Executive Committee” means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act; “record suspension”« suspension du casier » “record suspension” means a measure ordered by the Board under section 4.1; “service offence”« infraction d’ordre militaire » “service offence” has the same meaning as in subsection 2(1) of the National Defence Act; 1992, c. 22, s. 2(1); 2010, c. 5, ss. 7.2(E) and 7.5(F) 110. Section 2.1 of the Act is replaced by the following: Jurisdiction of the Board 2.1 The Board has exclusive jurisdiction and absolute discretion to order, refuse to order or revoke a record suspension. 1992, c. 22, s. 2(1) 111. (1) Subsection 2.2(1) of the Act is replaced by the following: Quorum 2.2 (1) An application for a record suspension shall be determined, and a decision whether to revoke a record suspension under section 7 shall be made, by a panel that consists of one member of the Board. 1992, c. 22, ss. 2(1) and (2)(E) (2) Subsection 2.2(2) of the English version of the Act is replaced by the following: Panel of two or more persons (2) The Chairperson of the Board may direct that the number of members of the Board required to constitute a panel to determine an application for a record suspension, to decide whether to revoke a record suspension under section 7 or to determine any class of those applications or make any class of those decisions shall be greater than one. 112. The Act is amended by adding the following after section 2.2: EFFECT OF RECORD SUSPENSION Effect of record suspension 2.3 A record suspension (a) is evidence of the fact that (i) the Board, after making inquiries, was satisfied that the applicant was of good conduct, and (ii) the conviction in respect of which the record suspension is ordered should no longer reflect adversely on the applicant’s character; and (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offend- ers Act. 113. The heading before section 3 of the Act is replaced by the following: APPLICATION FOR RECORD SUSPENSION 1992, c. 22, s. 3; 2004, c. 21, par. 40(1)(b) 114. Subsection 3(1) of the Act is replaced by the following: Application for record suspension 3. (1) Subject to section 4, a person who has been convicted of an offence under an Act of Parliament may apply to the Board for a record suspension in respect of that offence, and a Canadian offender, within the meaning of the International Transfer of Offenders Act, who has been transferred to Canada under that Act may apply to the Board for a record suspension in respect of the offence of which he or she has been found guilty. 1997, c. 17, s. 38; 2010, c. 5, s. 2 115. Sections 4 and 4.01 of the Act are replaced by the following: Restrictions on application for record suspension 4. (1) A person is ineligible to apply for a record suspension until the following period has elapsed after the expiration according to law of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, imposed for an offence: (a) 10 years, in the case of an offence that is prosecuted by indictment or is a service offence for which the offender was punished by a fine of more than five thousand dollars, detention for more than six months, dismissal from Her Majesty’s service, imprisonment for more than six months or a punishment that is greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act; or (b) five years, in the case of an offence that is punishable on summary conviction or is a service offence other than a service offence referred to in paragraph (a). Ineligible persons (2) Subject to subsection (3), a person is ineligible to apply for a record suspension if he or she has been convicted of (a) an offence referred to in Schedule 1; or (b) more than three offences each of which either was prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more. Exception (3) A person who has been convicted of an offence referred to in Schedule 1 may apply for a record suspension if the Board is satisfied that (a) the person was not in a position of trust or authority towards the victim of the offence and the victim was not in a relationship of dependency with him or her; (b) the person did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and (c) the person was less than five years older than the victim. Onus — exception (4) The person has the onus of satisfying the Board that the conditions referred to in subsection (3) are met. Amendment of Schedule 1 (5) The Governor in Council may, by order, amend Schedule 1 by adding or deleting a reference to an offence. Exception — long-term supervision 4.01 The period during which a person is supervised under an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, is not included in the calculation of the period referred to in subsection 4(1). 2010, c. 5, s. 3 116. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following: Record suspension 4.1 (1) The Board may order that an applicant’s record in respect of an offence be suspended if the Board is satisfied that (a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct and has not been convicted of an offence under an Act of Parliament; and (b) in the case of an offence referred to in paragraph 4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute. Onus on applicant (2) In the case of an offence referred to in paragraph 4(1)(a), the applicant has the onus of satisfying the Board that the record suspension would provide a measurable benefit to the applicant and would sustain his or her rehabilitation in society as a law-abiding citizen. 2010, c. 5, s. 3 (2) The portion of subsection 4.1(3) of the Act before paragraph (a) is replaced by the following: Factors (3) In determining whether ordering the record suspension would bring the administration of justice into disrepute, the Board may consider 2010, c. 5, s. 3 (3) Paragraph 4.1(3)(c) of the Act is replaced by the following: (c) information relating to the applicant’s criminal history and, in the case of a service offence, to any service offence history of the applicant that is relevant to the application; and 2010, c. 5, s. 4 117. (1) Subsections 4.2(1) and (2) of the Act are replaced by the following: Inquiries 4.2 (1) On receipt of an application for a record suspension, the Board (a) shall cause inquiries to be made to ascertain whether the applicant is eligible to make the application; (b) if the applicant is eligible, shall cause inquiries to be made to ascertain the applicant’s conduct since the date of the conviction; and (c) may, in the case of an offence referred to in paragraph 4(1)(a), cause inquiries to be made with respect to any factors that it may consider in determining whether ordering the record suspension would bring the administration of justice into disrepute. Entitlement to make representations (2) If the Board proposes to refuse to order a record suspension, it shall notify in writing the applicant of its proposal and advise the applicant that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose. 2000, c. 1, s. 2 (2) Subsection 4.2(4) of the Act is replaced by the following: Waiting period (4) An applicant may not re-apply for a record suspension until the expiration of one year after the day on which the Board refuses to order a record suspension. 118. The Act is amended by adding the following after section 4.3: Functions of Executive Committee 4.4 The Executive Committee shall, after the consultation with Board members that it considers appropriate, adopt policies relating to applications for record suspensions, including related inquiries and proceedings. 1992, c. 22, s. 5; 2000, c. 1, s. 3; 2010, c. 5, s. 5, c. 17, s. 64 119. Section 5 of the Act and the heading before it are repealed. 2000, c. 1, s. 5(E); 2010, c. 5, par. 7.1(b)(E) 120. Subsections 6(1) and (2) of the Act are replaced by the following: Records to be delivered to Commissioner 6. (1) The Minister may, by order in writing addressed to a person having the custody or control of a judicial record of a conviction in respect of which a record suspension has been ordered, require that person to deliver that record into the Commissioner’s custody. Records to be kept separate and not to be disclosed (2) A record of a conviction in respect of which a record suspension has been ordered that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records. No such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Minister. 1992, c. 22, s. 6 121. The portion of section 6.2 of the Act before paragraph (a) is replaced by the following: Disclosure to police forces 6.2 Despite sections 6 and 6.1, the name, date of birth and last known address of a person whose record is suspended under section 4.1 or who has received a discharge referred to in section 6.1 may be disclosed to a police force if a fingerprint, identified as that of the person, is found 2000, c. 1, s. 6; 2010, c. 5, s. 6(1) 122. (1) Subsections 6.3(1) to (3) of the Act are replaced by the following: Definition of “vulnerable person” 6.3 (1) In this section, “vulnerable person” means a person who, because of his or her age, a disability or other circumstances, whether temporary or permanent, (a) is in a position of dependency on others; or (b) is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them. Notation of records (2) The Commissioner shall make, in the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police, a notation enabling a member of a police force or other authorized body to determine whether there is a record of an individual’s conviction for an offence listed in Schedule 2 in respect of which a record suspension has been ordered. Verification (3) At the request of any person or organization responsible for the well-being of a child or vulnerable person and to whom or to which an application is made for a paid or volunteer position, a member of a police force or other authorized body shall verify whether the applicant is the subject of a notation made in accordance with subsection (2) if (a) the position is one of trust or authority towards that child or vulnerable person; and (b) the applicant has consented in writing to the verification. 2010, c. 5, s. 6(2) (2) Subsection 6.3(9) of the Act is replaced by the following: Amendment of Schedule 2 (9) The Governor in Council may, by order, amend Schedule 2 by adding or deleting a reference to an offence. 2000, c. 1, s. 6; 2010, c. 5, par. 7.1(c)(E) and s. 7.4(F) 123. Section 6.4 of the Act is replaced by the following: Operation of section 6.3 6.4 Section 6.3 applies in respect of a record of a conviction for any offence in respect of which a record suspension has been ordered regardless of the date of the conviction. 1992, c. 22, s. 7; 2010, c. 5, par. 7.1(d)(E) 124. Section 7 of the Act is replaced by the following: Revocation of record suspension 7. A record suspension may be revoked by the Board (a) if the person to whom it relates is subsequently convicted of an offence referred to in paragraph 4(1)(b), other than an offence referred to in subparagraph 7.2(a)(ii); (b) on evidence establishing to the satisfaction of the Board that the person to whom it relates is no longer of good conduct; or (c) on evidence establishing to the satisfaction of the Board that the person to whom it relates knowingly made a false or deceptive statement in relation to the application for the record suspension, or knowingly concealed some material particular in relation to that application. 2000, c. 1, s. 7; 2010, c. 5, par. 7.1(e)(E) 125. (1) Subsection 7.1(1) of the Act is replaced by the following: Entitlement to make representations 7.1 (1) If the Board proposes to revoke a record suspension, it shall notify in writing the person to whom it relates of its proposal and advise that person that he or she is entitled to make, or have made on his or her behalf, any representations to the Board that he or she believes relevant either in writing or, with the Board’s authorization, orally at a hearing held for that purpose. 2000, c. 1, s. 7 (2) Subsection 7.1(2) of the English version of the Act is replaced by the following: Board to consider representations (2) The Board shall, before making its decision, consider any representations made to it within a reasonable time after the notification is given to a person under subsection (1). 2000, c. 1, s. 7; 2010, c. 5, s. 6.1(E) and par. 7.1(f)(E) and 7.3(b)(F) 126. Section 7.2 of the Act is replaced by the following: Cessation of effect of record suspension 7.2 A record suspension ceases to have effect if (a) the person to whom it relates is subsequently convicted of (i) an offence referred to in paragraph 4(1)(a), or (ii) any other offence under the Criminal Code, except subsection 255(1), or under the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or (b) the Board is convinced by new information that the person was not eligible for the record suspension when it was ordered. 1992, c. 22, s. 8(1); 2010, c. 5, par. 7.1(g)(E) 127. The portion of section 8 of the Act before paragraph (a) is replaced by the following: Applications for employment 8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect: 128. The Act is amended by adding the following after section 9: Disclosure of decisions 9.01 The Board may disclose decisions that order or refuse to order record suspensions. However, it may not disclose information that could reasonably be expected to identify an individual unless the individual authorizes the disclosure in writing. 2000, c. 1, s. 8 129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following: (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7); (2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph: (c.2) respecting the disclosure of decisions under section 9.01; and 130. The Act is amended by adding the following after section 10: REPORT TO PARLIAMENT Annual report 11. (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report for that year containing the following information: (a) the number of applications for record suspensions made in respect of the offences referred to in each of paragraphs 4(1)(a) and (b); (b) the number of record suspensions that the Board ordered or refused to order, in respect of the offences referred to in each of paragraphs 4(1)(a) and (b); (c) the number of record suspensions ordered, categorized by the offence to which they relate and, if applicable, the province of residence of the applicant; and (d) any other information required by the Minister. Tabling of report (2) The Minister shall cause the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the day on which the Minister receives it. 131. Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following: (Subsections 4(2), (3) and (5)) 2010, c. 5, s. 9 132. Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following: (i) subsection 146(1) (sexual intercourse with a female under 14), (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16), (iii) section 151 (seduction of a female 16 or more but under 18), (iv) section 166 (parent or guardian procuring defilement), and (v) section 167 (householder permitting defilement); 2010, c. 5, s. 9 133. Item 3 of Schedule 1 to the Act is repealed. 2000, c. 1, s. 8.1; 2008, c. 6, s. 58; 2010, c. 5, s. 8 134. Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act. 2004, c. 21 International Transfer of Offenders Act 135. Section 3 of the International Transfer of Offenders Act is replaced by the following: Purpose 3. The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. 136. (1) Subsection 10(1) of the Act is replaced by the following: Factors — Canadian offenders 10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors: (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada; (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender, (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child; (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer; (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence; (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights; (f) whether the offender has social or family ties in Canada; (g) the offender’s health; (h) whether the offender has refused to participate in a rehabilitation or reintegration program; (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community; (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence; (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or (l) any other factor that the Minister considers relevant. (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Factors — Canadian and foreign offenders (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors: Consequential Amendments R.S., c. H-6 Canadian Human Rights Act 1998, c. 9, s. 9 137. Section 2 of the English version of the Canadian Human Rights Act is replaced by the following: Purpose 2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. 1996, c. 14, s. 2 138. Subsection 3(1) of the English version of the Act is replaced by the following: Prohibited grounds of discrimination 3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. 1992, c. 22, s. 13 139. (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed. 1992, c. 22, s. 13 (2) The definition “état de personne graciée” in section 25 of the French version of the Act is replaced by the following: « état de personne graciée »“conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” « état de personne graciée » État d’une personne physique qui a obtenu un pardon accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel ou une suspension du casier au titre de la Loi sur le casier judiciaire, qui n’a pas été révoqué ni annulé. (3) Section 25 of the English version of the Act is amended by adding the following in alphabetical order: “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”« état de personne graciée » “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect; 1992, c. 47 Contraventions Act 140. Section 63 of the French version of the Contraventions Act is replaced by the following: Pas de casier judiciaire 63. Quiconque est déclaré coupable d’une contravention n’est pas coupable d’une infraction criminelle et une contravention ne constitue pas une infraction pour l’application de la Loi sur le casier judiciaire, sauf si elle aboutit à une déclaration de culpabilité par voie de mise en accusation. R.S., c. C-46 Criminal Code 2004, c. 10, s. 20 141. (1) The definition “réhabilitation” in subsection 490.011(1) of the French version of the Criminal Code is repealed. 2004, c. 10, s. 20 (2) The definition “pardon” in subsection 490.011(1) of the English version of the Act is replaced by the following: “pardon”« pardon » “pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. (3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order: “record suspension”« suspension du casier » “record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (4) Subsection 490.011(1) of the French version of the Act is amended by adding the following in alphabetical order: « pardon »“pardon” « pardon » Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 qui n’a pas été révoqué. 2007, c. 5, s. 15 142. (1) Subsection 490.015(3) of the Act is replaced by the following: Pardon or record suspension (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. 2007, c. 5, s. 15 (2) Subsection 490.015(5) of the Act is replaced by the following: Re-application (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made. 2004, c. 10, s. 20 143. Paragraph 490.022(2)(c) of the Act is replaced by the following: (c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre. 2007, c. 5, s. 24; 2010, c. 17, s. 16(2) 144. Subsections 490.026(4) and (5) of the Act are replaced by the following: Pardon or record suspension (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. Re-application (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act. 1991, c. 43, s. 4 145. Paragraph 672.35(c) of the Act is replaced by the following: (c) the National Parole Board or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence. 2000, c. 1, s. 9 146. Subsection 750(4) of the Act is replaced by the following: Application for restoration of privileges (4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection. 1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F) 147. Subsection 753.2(3) of the Act is replaced by the following: Application for reduction in period of long-term supervision (3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant. 1998, c. 37 DNA Identification Act 148. Subsection 10(8) of the DNA Identification Act is replaced by the following: When record suspension is in effect (8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person. 2001, c. 27 Immigration and Refugee Protection Act 149. Paragraph 36(3)(b) of the Immigration and Refugee Protection Act is replaced by the following: (b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; 150. Paragraph 53(f) of the Act is replaced by the following: (f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and 2010, c. 5 Limiting Pardons for Serious Crimes Act 151. The Limiting Pardons for Serious Crimes Act is amended by adding the following after section 11: Pardons in effect — Criminal Records Act 12. The Criminal Records Act, as it read immediately before the day on which this Act comes into force, applies to a pardon that was granted or issued before that day and that has not been revoked or ceased to have effect. Coming into force 13. Section 12 is deemed to have come into force on June 29, 2010. R.S., c. N-5 National Defence Act 1991, c. 43, s. 18 152. Paragraph 202.14(2)(h) of the National Defence Act is replaced by the following: (h) the National Parole Board or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence. 2007, c. 5, s. 4 153. (1) The definition “réhabilitation” in section 227 of the French version of the Act is repealed. 2007, c. 5, s. 4 (2) The definition “pardon” in section 227 of the English version of the Act is replaced by the following: “pardon”« pardon » “pardon” means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (3) Section 227 of the Act is amended by adding the following in alphabetical order: “record suspension”« suspension du casier » “record suspension” means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (4) Section 227 of the French version of the Act is amended by adding the following in alphabetical order: « pardon »“pardon” « pardon » Pardon conditionnel accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel qui n’a pas été révoqué. 2007, c. 5, s. 4 154. (1) Subsection 227.03(3) of the Act is replaced by the following: Pardon or record suspension (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. 2007, c. 5, s. 4 (2) Subsection 227.03(5) of the Act is replaced by the following: Re-application (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made. 2007, c. 5, s. 4; 2010, c. 17, s. 53(2) 155. Subsections 227.12(4) and (5) of the Act are replaced by the following: Pardon or record suspension (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. Re-application (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code. 2002, c. 1 Youth Criminal Justice Act 156. Paragraph 82(1)(d) of the Youth Criminal Justice Act is replaced by the following: (d) the National Parole Board or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act. 157. Subparagraph 119(1)(n)(iii) of the Act is replaced by the following: (iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult, 158. Subparagraph 120(4)(c)(iii) of the Act is replaced by the following: (iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult. 159. Subsection 128(5) of the Act is replaced by the following: Exception (5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect. Terminology Changes 160. In the following provisions, “National Parole Board” is replaced by “Parole Board of Canada”: (a) Schedule I to the Access to Information Act; (b) in the Corrections and Conditional Release Act, (i) subparagraph (a)(ii) of the definition “inmate” in subsection 2(1), (ii) paragraph 4(a), (iii) subsection 25(1), (iv) the definition “Board” in subsection 99(1), (v) paragraph 167(2)(a), (vi) paragraph 177(b), (vii) subsections 178(1) and (2), (viii) subsections 179(1) and (3), and (ix) section 180; (c) in the Criminal Code, (i) subparagraph (b)(xi) of the definition “justice system participant” in section 2, (ii) paragraph 672.35(c), (iii) paragraphs 746.1(2)(c) and (3)(c), (iv) subsection 753.2(3), and (v) subsections 761(1) and (2); (d) in the Criminal Records Act, (i) the definition “Board” in subsection 2(1), and (ii) the heading before section 2.1; (e) section 5 of the Department of Public Safety and Emergency Preparedness Act; (f) in the Financial Administration Act, (i) Schedule I.1, (ii) Schedule IV, and (iii) Part II of Schedule VI; (g) section 28 of the International Transfer of Offenders Act; (h) in the National Defence Act, (i) paragraph 202.14(2)(h), and (ii) subsection 222(2); (i) subsection 6(9) of the Prisons and Reformatories Act; (j) in the Privacy Act, (i) section 24, and (ii) the schedule, under the heading “OTHER GOVERNMENT INSTITUTIONS”; (k) Schedule I to the Public Sector Compensation Act, under the heading “OTHER PORTIONS OF THE PUBLIC SERV- ICE”; and (l) in the Youth Criminal Justice Act, (i) paragraph 77(3)(b), and (ii) paragraph 82(1)(d). Transitional Provisions New applications for pardons 161. Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension. Pending applications — Criminal Records Act 162. An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force. Pending applications — references in other legislation 163. A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force: (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code; (b) paragraph 202.14(2)(h) of the National Defence Act; and (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act. Pardons in effect — Criminal Records Act 164. The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect. Pardons in effect — references in other legislation 165. A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act: (a) the definition “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” in section 25 of the Canadian Human Rights Act; (b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code; (c) subsection 10(8) of the DNA Identification Act; (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act; (e) the definition “record suspension” in section 227 of the National Defence Act; and (f) subsection 128(5) of the Youth Criminal Justice Act. Coming into Force Order in council 166. (1) The provisions of this Part, other than sections 108 to 146, 148 to 159 and 161 to 165, come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Sections 135 and 136 come into force on a day to be fixed by order of the Governor in Council. PART 4 YOUTH CRIMINAL JUSTICE 2002, c. 1 Youth Criminal Justice Act Amendments to the Act 167. (1) The definition “presumptive offence” in subsection 2(1) of the Youth Criminal Justice Act is repealed. (2) The definition “serious violent offence” in subsection 2(1) of the Act is replaced by the following: “serious violent offence”« infraction grave avec violence » “serious violent offence” means an offence under one of the following provisions of the Criminal Code: (a) section 231 or 235 (first degree murder or second degree murder); (b) section 239 (attempt to commit murder); (c) section 232, 234 or 236 (manslaughter); or (d) section 273 (aggravated sexual assault). (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “serious offence”« infraction grave » “serious offence” means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more. “violent offence”« infraction avec violence » “violent offence” means (a) an offence committed by a young person that includes as an element the causing of bodily harm; (b) an attempt or a threat to commit an offence referred to in paragraph (a); or (c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm. 168. (1) Paragraph 3(1)(a) of the Act is replaced by the following: (a) the youth criminal justice system is intended to protect the public by (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, (ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and (iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour; (2) The portion of paragraph 3(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following: 169. Subsection 29(2) of the Act is replaced by the following: Justification for detention in custody (2) A youth justice court judge or a justice may order that a young person be detained in custody only if (a) the young person has been charged with (i) a serious offence, or (ii) an offence other than a serious offence, if they have a history that indicates a pattern of either outstanding charges or findings of guilt; (b) the judge or justice is satisfied, on a balance of probabilities, (i) that there is a substantial likelihood that, before being dealt with according to law, the young person will not appear in court when required by law to do so, (ii) that detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances, including a substantial likelihood that the young person will, if released from custody, commit a serious offence, or (iii) in the case where the young person has been charged with a serious offence and detention is not justified under subparagraph (i) or (ii), that there are exceptional circumstances that warrant detention and that detention is necessary to maintain confidence in the administration of justice, having regard to the principles set out in section 3 and to all the circumstances, including (A) the apparent strength of the prosecution’s case, (B) the gravity of the offence, (C) the circumstances surrounding the commission of the offence, including whether a firearm was used, and (D) the fact that the young person is liable, on being found guilty, for a potentially lengthy custodial sentence; and (c) the judge or justice is satisfied, on a balance of probabilities, that no condition or combination of conditions of release would, depending on the justification on which the judge or justice relies under paragraph (b), (i) reduce, to a level below substantial, the likelihood that the young person would not appear in court when required by law to do so, (ii) offer adequate protection to the public from the risk that the young person might otherwise present, or (iii) maintain confidence in the administration of justice. Onus (3) The onus of satisfying the youth justice court judge or the justice as to the matters referred to in subsection (2) is on the Attorney General. 170. Subsection 32(1) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d). 171. Subsection 37(4) of the Act is replaced by the following: Appeals heard together (4) An order under subsection 72(1) or (1.1) (adult or youth sentence), 75(2) (lifting of ban on publication) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding. 172. Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) subject to paragraph (c), the sentence may have the following objectives: (i) to denounce unlawful conduct, and (ii) to deter the young person from committing offences. 173. Paragraph 39(1)(c) of the Act is replaced by the following: (c) the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt or of both under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985; or 174. (1) Paragraph 42(2)(o) of the Act is replaced by the following: (o) in the case of an offence set out in section 239 (attempt to commit murder), 232, 234 or 236 (manslaughter) or 273 (aggravated sexual assault) of the Criminal Code, make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105; (2) Paragraph 42(5)(a) of the Act is replaced by the following: (a) the young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; and (3) Subparagraphs 42(7)(a)(i) and (ii) of the Act are replaced by the following: (i) the young person has been found guilty of a serious violent offence, or (ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence; (4) Subsections 42(9) and (10) of the Act are repealed. 175. Sections 61 to 63 of the Act are repealed. 176. (1) Subsections 64(1) and (2) of the Act are replaced by the following: Application by Attorney General 64. (1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years. Obligation (1.1) The Attorney General must consider whether it would be appropriate to make an application under subsection (1) if the offence is a serious violent offence and was committed after the young person attained the age of 14 years. If, in those circumstances, the Attorney General decides not to make an application, the Attorney General shall advise the youth justice court before the young person enters a plea or with leave of the court before the commencement of the trial. Order fixing age (1.2) The lieutenant governor in council of a province may by order fix an age greater than 14 years but not greater than 16 years for the purpose of subsection (1.1). Notice of intention to seek adult sentence (2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence. (2) Subsections 64(4) and (5) of the Act are repealed. 177. Sections 65 and 66 of the Act are repealed. 178. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following: Election — adult sentence 67. (1) The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if (2) The portion of subsection 67(3) of the Act before paragraph (b) is replaced by the following: Election — Nunavut (3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if 179. Section 68 of the Act is repealed. 180. (1) Subsection 69(1) of the Act is repealed. (2) Subsection 69(2) of the Act is replaced by the following: Included offences (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence). 181. Section 70 of the Act is repealed. 182. Section 71 of the Act is replaced by the following: Hearing — adult sentences 71. The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing. 183. (1) Subsections 72(1) to (3) of the Act are replaced by the following: Order of adult sentence 72. (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour. Order of youth sentence (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed. Onus (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General. Pre-sentence report (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report. (2) Subsection 72(5) of the Act is replaced by the following: Appeal (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence. 184. Section 73 of the Act is replaced by the following: Court must impose adult sentence 73. (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person. Court must impose youth sentence (2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person. 185. Section 75 of the Act is replaced by the following: Decision regarding lifting of publication ban 75. (1) When the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1). Order (2) A youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk. Onus (3) The onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General. Appeals (4) For the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence. 186. Subsection 76(2) of the Act is replaced by the following: Young person under age of 18 (2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary. 187. Section 81 of the Act is replaced by the following: Procedure for application or notice 81. An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party. 188. (1) Paragraph 82(1)(b) of the Act is replaced by the following: (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence); (2) Paragraph 82(4)(a) of the Act is repealed. (3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following: b) de déterminer la peine applicable aux adultes à imposer. 189. Paragraph 110(2)(b) of the Act is replaced by the following: (b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and 190. Section 115 of the Act is amended by adding the following after subsection (1): Extrajudicial measures (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons. 191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following: o) toute personne, pour vérifier l’existence d’un casier judiciaire dans le cas où la vérification est exigée par le gouvernement du Canada ou d’une province ou par une municipalité en matière de recrutement de personnel ou de bénévoles ou de fourniture de services; 192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following: (a) if the offence is an indictable offence, other than an offence referred to in paragraph (b), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and (b) if the offence is a serious violent offence for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely. 193. Section 160 of the Act is repealed. 194. Section 162 of the Act is replaced by the following: Commencement of proceedings 162. For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment. Transitional Provision Offences committed before this section in force 195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that (a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence; (b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence; (c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence; (d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and (e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence. Related Amendments 1992, c. 20 Corrections and Conditional Release Act 2004, c. 21, s. 39 196. 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; 197. 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-20 Prisons and Reformatories Act 2002, c. 1, s. 196(2) 198. 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. 1995, c. 42, s. 82(1) 199. (1) Subsection 6(1) of the Act is replaced by the following: 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. 2002, c. 1, s. 197 (2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following: 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. 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. 2002, c. 1, s. 197 (3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following: 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-46 Criminal Code 2002, c. 1, s. 181 200. 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; 1995, c. 42, par. 87(b) 201. Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following: b) de permission de sortir sans escorte sous le régime de cette loi ou de la Loi sur les prisons et les maisons de correction; 1998, c. 37 DNA Identification Act 2005, c. 25, s. 19 202. Subsection 9.1(2) of the DNA Identification Act is replaced by the following: 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. 2005, c. 25, s. 21 203. Subsection 10.1(2) of the Act is replaced by the following: 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 Order in council 204. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council. PART 5 2001, c. 27 IMMIGRATION AND REFUGEE PROTECTION ACT Amendments to the Act 205. 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; 206. Section 30 of the Act is amended by adding the following after subsection (1): 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. 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. 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. 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. Publication (1.5) The instructions shall be published in the Canada Gazette. 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. Revocation (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette. 207. Subsection 94(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph: (e.1) any instructions given under subsection 30(1.2) during the year in question and the date of their publication; and Coming into Force Order in council 208. This Part comes into force on a day to be fixed by order of the Governor in Council. SCHEDULE (Section 134) SCHEDULE 2 (Subsections 6.3(2) and (9)) 1. Offences (a) under the following provisions of the Criminal Code: (i) section 153.1 (sexual exploitation of a person with a disability), (ii) section 155 (incest), (iii) section 162 (voyeurism), (iv) paragraph 163(1)(a) (obscene materials), (v) paragraph 163(2)(a) (obscene materials), (vi) section 168 (mailing obscene matter), (vii) subsection 173(1) (indecent acts), (viii) section 271 (sexual assault), (ix) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm), (x) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm), (xi) section 273 (aggravated sexual assault), (xii) section 280 (abduction of a person under 16), (xiii) section 281 (abduction of a person under 14), (xiv) subsection 372(2) (indecent phone calls), (xv) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in any of subparagraphs (i) to (xiv), and (xvi) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in any of subparagraphs (i) to (xiv); and (b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)(i) to (xvi). 2. Offences (a) under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under 14), (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16), (iii) section 151 (seduction of a female 16 or more but under 18), (iv) section 153 (sexual intercourse with stepdaughter, etc., or female employee), and (v) section 157 (gross indecency); and (b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)(i) to (v). 3. Offences (a) under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), (v) section 245 (common assault), and (vi) subsection 246(1) (assault with intent to commit an indictable offence); and (b) of attempt or conspiracy to commit an offence referred to in any of subparagraphs (a)(i) to (vi). Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada