112. (1) Jurisdiction of boards - Subject to subsection (2), a provincial parole board for a province shall exercise jurisdiction in accordance with this Part in respect of the parole of offenders serving sentences in provincial correctional facilities in that province, other than |
|||
| (a) | offenders sentenced to life imprisonment as a minimum punishment; |
||
| (b) | offenders whose sentence has been commuted to life imprisonment; or |
||
| (c) | offenders sentenced to detention for an indeterminate period. |
||
(2) Day parole jurisdiction - A provincial parole board may, but is not required to, exercise its jurisdiction under this section in relation to day parole. |
|||
[1992, c. 20, s. 112; 1995, c. 42, ss. 29(F), 69(E).] |
|||
113. (1) Incorporation by reference - Where a provincial parole board has been established for a province, the lieutenant governor in council of the province may, by order, declare that all or any of the provisions of this Part that do not otherwise apply in respect of provincial parole boards shall apply in respect of that provincial parole board and offenders under its jurisdiction. |
|||
(2) Provincial regulations - The lieutenant governor in council of a province may, in respect of the provincial parole board for the province and offenders under its jurisdiction, make regulations in the same manner and for the same purposes as the Governor in Council may make regulations pursuant to section 156 in respect of the Board and offenders under its jurisdiction. |
|||
[1992, c. 20, s. 113; 1995, c. 42, s. 30(F). ] |
|||
| Judicial Consideration - | |||
|
Turner v Burnaby Correctional Centre for Women - (1994), 24 W.C.B. (2d) 250 (B.C.S.C.) |
|||
- Where prisoners serve a penitentiary sentence in a Provincial institution under an agreement between the Provincial and Federal corrections services, subsection 113(2) permits the Province to make regulations, as long as those regulations do not in effect amend or repeal the Act. |
|||
114. (1) Change of province of residence - Subject to any agreement entered into pursuant to this section, an offender who is released on parole in one province and moves to another province remains under the jurisdiction of the board that granted the parole. |
|||
(2) Federal-provincial agreements - The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a province for which a provincial parole board has been established for the transfer of jurisdiction in respect of offenders who move to the province after their release by the Board on parole from a provincial correctional facility in another province for which no provincial parole board has been established. |
|||
(3) Idem - The government of a province for which a provincial parole board has been established may enter into an agreement with the Government of Canada for the transfer to the Board of jurisdiction in respect of offenders released on parole by the provincial parole board who move to a province for which no provincial parole board has been established. |
|||
(4) Interprovincial agreements - The governments of provinces may enter into agreements with one another for the transfer of jurisdiction in respect of offenders released on parole by one provincial parole board who move to the territorial jurisdiction of another provincial parole board. |
|||
(5) Statutory release - Subsections (1) to (4) apply, with such modifications as the circumstances require, in respect of offenders released on statutory release. |
|||