PART IIConditional Release, Detention and Long-term Supervision (continued)
Organization of the Board (continued)
Marginal note:Chief Executive Officer
152 (1) The Chairperson of the Board is its chief executive officer and as such has supervision over and direction of the work and the staff of the Board, and the Chairperson shall chair general meetings of the Board.
Marginal note:Withdrawal of member
(2) The Chairperson may direct that a member of the Board not participate in a review panel where, in the opinion of the Chairperson, the participation of the member in the review may result in a reasonable apprehension of bias.
Marginal note:Constitution of review panels
(3) The Chairperson may direct that the number of members required to constitute a panel for the review of any particular case shall be greater than the number fixed by the regulations.
(4) The Chairperson may appoint a person or persons to investigate and report on any matter relating to the operations of the Board, and sections 7 to 13 of the Inquiries Act apply in respect of such investigations, with such modifications as the circumstances require, as if the references to “commissioners” in those sections were references to the person or persons so appointed.
(5) The Chairperson may authorize any full-time member of the Board to exercise any of the Chairperson’s functions under this Part, in accordance with any conditions specified by the Chairperson, and a function so exercised shall be deemed to have been exercised by the Chairperson.
Marginal note:Manner of exercising
(6) Where the Chairperson is authorized by this Part to designate a person to exercise a power, the Chairperson may specify the conditions under which that person may exercise the power.
Marginal note:Absence, incapacity or vacancy
(7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Executive Vice-Chairperson may exercise all the powers of the Chairperson.
(8) In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Executive Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.
Marginal note:Remuneration of full-time and substitute members
153 (1) Each full-time and substitute member of the Board shall be paid such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the administrative centre to which the member is assigned.
Marginal note:Leave of absence from public service
(2) An employee in the public service appointed as a full-time member of the Board shall be given leave of absence without pay from the public service.
Marginal note:Remuneration of part-time members
(3) Each part-time member of the Board shall be paid such remuneration as is fixed by the Governor in Council for each day that the member is serving as such, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the member’s ordinary place of residence.
(4) The full-time members and employees of the Board shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
- 1992, c. 20, s. 153
- 2003, c. 22, s. 225(E)
Marginal note:Immunity of members
154 No criminal or civil proceedings lie against a member of the Board for anything done or said in good faith in the exercise or purported exercise of the functions of a member of the Board under this or any other Act of Parliament.
Marginal note: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.
- 2012, c. 1, s. 101
155 (1) A full-time member of the Board shall not hold any office or engage in any occupation incompatible with the exercise of the member’s functions under this or any other Act of Parliament.
(2) A member of the Board may not participate in a review of a case in circumstances where a reasonable apprehension of bias may result from the participation of that member.
155.1 (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether any member of the Board should be subject to any disciplinary or remedial measures for any reason set out in any of paragraphs 155.2(2)(a) to (d).
Marginal note:Judge to conduct inquiry
(2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a “judge”, shall conduct the inquiry.
(3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
(a) to issue to any person a summons requiring the person to appear at the time and place mentioned in the summons to testify with respect to all matters within the person’s knowledge relative to the inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and
(b) to administer oaths and examine any person on oath.
Marginal note:Inquiry public
(4) Subject to subsections (5) and (6), an inquiry under this section shall be conducted in public.
(5) A judge conducting an inquiry under this section may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry where the judge is satisfied that, during the inquiry or as a result of the inquiry being conducted in public, as the case may be,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosures of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public; or
(c) there is a reasonable likelihood that the life, liberty or security of a person would be endangered.
(6) Where a judge conducting an inquiry under this section considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).
Marginal note:Rules of evidence
(7) A judge conducting an inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.
Marginal note:Right to grant standing
(8) A judge conducting an inquiry under this section may grant standing to the hearing to any party where the judge determines such an order to be appropriate.
Marginal note:Right to be heard
(9) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.
- 1995, c. 42, s. 59
- 2002, c. 8, s. 132
Marginal note:Report of inquiry
155.2 (1) After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister.
(2) Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held
(a) has become incapacitated from the due execution of the member’s office by reason of infirmity,
(b) is guilty of misconduct,
(c) has failed in the due execution of the member’s office, or
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member’s office,
the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such disciplinary or remedial measure as the judge considers necessary be taken.
Marginal note:Governor in Council may suspend or remove
(3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure.
- 1995, c. 42, s. 59
156 (1) The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation, including defining terms that are to be defined in the regulations for the purposes of this Part, and, generally, for carrying out the purposes and provisions of this Part.
(2) Regulations may be made pursuant to subsection (1) that are applicable
(a) in respect of offenders within the jurisdiction of a provincial parole board; and
(b) in respect of a specified class, or specified classes, of offenders.
(3) The Governor in Council may, by regulation, amend Schedule I or II.
(4) The Governor in Council may make regulations respecting the method of determining
(a) pursuant to sections 120 to 120.3, the period that an offender must serve before being eligible for parole;
(b) pursuant to section 127, the period that an offender must serve before being entitled to statutory release; and
(c) the manner in which subsection 139(1) applies in respect of sentences.
- 1992, c. 20, s. 156
- 1995, c. 42, s. 60
- 2015, c. 30, s. 5
PART IIICorrectional Investigator
157 In this Part,
Commissioner has the same meaning as in Part I; (commissaire)
- Correctional Investigator
Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; (enquêteur correctionnel)
- long-term supervision
long-term supervision has the same meaning as in Part I; (surveillance de longue durée)
Minister has the same meaning as in Part I; (ministre)
offender has the same meaning as in Part II; (délinquant)
parole has the same meaning as in Part II; (libération conditionnelle)
penitentiary has the same meaning as in Part I; (pénitencier)
- provincial parole board
provincial parole board has the same meaning as in Part II; (commission provinciale)
- statutory release
statutory release has the same meaning as in Part II. (libération d’office)
- 1992, c. 20, s. 157
- 1997, c. 17, s. 36
- 2005, c. 10, s. 17(F)
- 2012, c. 1, s. 102
Marginal note:Application to persons subject to long-term supervision order
157.1 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part.
- 1997, c. 17, s. 37
158 The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.
159 A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada.
- 1992, c. 20, s. 159
- 2001, c. 27, s. 243
Marginal note:Tenure of office and removal
160 (1) The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.
Marginal note:Further terms
(2) The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Marginal note:Absence, incapacity or vacancy
161 In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Marginal note:Devotion to duties
162 The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.
Marginal note:Salary and expenses
163 (1) The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part.
Marginal note:Pension benefits
(2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the public service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
Marginal note:Other benefits
(3) The Correctional Investigator is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
- 1992, c. 20, s. 163
- 2003, c. 22, ss. 224(E), 225(E)
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