ARCHIVED — Vol. 146, No. 24 — November 21, 2012
SI/2012-88 November 21, 2012
JOBS, GROWTH AND LONG-TERM PROSPERITY ACT
Order Fixing December 1, 2012 as the Day on which Sections 526 to 528 of the Act Come into Force
P.C. 2012-1457 November 1, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 530 of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, fixes December 1, 2012 as the day on which sections 526 to 528 of that Act come into force.
(This note is not part of the Order.)
Pursuant to section 530 of the Jobs, Growth and Long-term Prosperity Act (the Act), which received Royal Assent on June 29, 2012, this Order brings sections 526 to 528 (Division 37 of Part 4) of the Act into force on December 1, 2012. These sections of the Act amend provisions in Part 2 of the Corrections and Conditional Release Act (CCRA) to eliminate the requirement to hold a hearing for reviews (i.e. decisions) following a suspension, termination or revocation of parole (both day and full parole) and statutory release of offenders.
To fix December 1, 2012, as the coming into force date of sections 526 to 528 of the Act.
The CCRA and its regulations form the legislative framework that guides the policies, operations, training and parole decision-making of the Parole Board of Canada (the Board), and provides the legal framework for the correctional and conditional release system in Canada.
Part 2 of the CCRA grants the Board the exclusive authority to grant, deny, cancel, terminate or revoke the day parole and full parole of offenders serving sentences of two years or more. In addition, the Board makes conditional release decisions for offenders serving sentences of less than two years in provinces and territories that do not have their own parole boards (all except Ontario and Quebec).
Budget 2012 approved changes to Part 2 of the CCRA to eliminate the requirement to hold a hearing for reviews following a suspension, termination or revocation of parole (both day and full parole) and statutory release of offenders. Instead, these reviews will be conducted via a file review, subject to subsection 140(2) of the CCRA. The changes are being implemented through Division 37 of Part 4 of the Act.
Section 530 of the Act provides that the CCRA changes may only come into force on a day to be fixed by order of the Governor in Council. Fixing the date as December 1, 2012, will ensure that stakeholders, such as offenders, have ample notice of the date on which the provisions come into force, as well as to ensure that Board policies are updated to reflect the changes.
There are no financial costs associated with this Order. The Order implements a cost-saving measure that allows the Board to meet its financial obligations under Budget 2012.
No public consultations were undertaken as the Order only sets the date of coming into force for the CCRA amendments, and those amendments are necessary for the implementation of Budget 2012.
As Bill C-38 (now the Act) progressed through the House of Commons, one witness challenged the constitutionality of the amendments during a meeting of the House Standing Committee on Finance. It should be noted that the amendments were reviewed by the Department of Justice without any issue raised as to their constitutionality. Further, the offender maintains the same rights to appeal a Board decision to the Board’s Appeal Division, and the Board retains the authority to conduct a hearing for these decisions if necessary.
Parole Board of Canada