BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 3. (1) Board established - There is hereby established a board, to be known as the National Parole Board, consisting of not more than thirty-six members to be appointed by the Governor in Council to hold office during good behaviour for a period not exceeding ten years. | ||
| (2) Chairman and Vice-Chairman - In the event that a member of the Board is absent or unable to act, the Governor in Council may appoint a temporary substitute member to act in the place of that member. | ||
| (3) Executive committee - There shall be an executive committee of the Board, consisting of not more than ten members appointed by the Governor in Council on the recommendation of the Solicitor General of Canada, whose duties and powers may be prescribed by the regulations. | ||
| [RSC 1970 cP-2 s3; 1976-77 c53 s18; AS 1985 (2nd Supp) s1] | ||
| 4. (1) Temporary substitute members - In the event that a member of the Board is absent or unable to act, the Governor in Council may appoint a temporary substitute member to act in the place of that member. | ||
| (2) Powers and duties - A temporary member appointed pursuant to subsection (1) has all the powers and duties of a member appointed pursuant to subsection 3(1), subject to any limitation in that respect that the Chairman may direct. | ||
| (3) Temporary members - The Governor in Council may appoint, to hold office during good behaviour, temporary members to act as members of the Board for a period not exceeding three years as the Governor in Council considers necessary to eliminate any accumulation of matters pending before the Board. | ||
| [RSC 1970 cP-2 s3; 1976-77 c53 s18; AS 1985 c33 s53 s18; and c34 (2nd Supp) s2] | ||
| 5. (1) Voting - Each member of the executive committee of the Board has one vote in respect of each matter referred to it as prescribed by regulation and if the number of votes in respect of any such matter is equally divided, the chairman has an additional vote. | ||
| (2) Minimum number of Votes - Where regulations are made pursuant to paragraph 27(1)(1), the Board shall not grant a parole unless the conditions prescribed by those regulations are complied with. | ||
| [RSC 1970 cP-2 s3; 1976-77 c53 s18; AS 1985 c35 (2nd Supp) s2] | ||
| 6. Rules of procedure - The Board may, with the approval of the Governor in Council, make rules for the conduct of its proceedings, including the fixing of a quorum for any meeting or hearing, and the performance of its duties and functions under this Act or any other Act of Parliament. | ||
| [RSC 1970 cP-2 s3; 1976-77 c53 s18] | ||
| Judicial Consideration - | ||
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Cadieux v The Director of Mountain Institution and The National Parole Board - (1984) 13 CCC (3d) 330, 41 CR (3d) 30 (FCTD)
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| - The Police and Procedures Manual of the National Parole Board issued pursuant to s25 of the Parole Regulations has not been approved by the Governor in Council as required by s3(6) and cannot be said to be "prescribed by law" as that term is used in s1 of the Charter. | ||
| 7. (1) Head office - The head office of the Board shall be at Ottawa, but meetings of the Board may be held at such other places as the Board determines | ||
| [RSC 1970 cP-2 s3] | ||
| (2) Seal - The Board shall have an official seal | ||
| 8. (1) Regional panels - Notwithstanding section 3 the Solicitor General of Canada may, on the recommendation of the Chairman of the Board, designate representatives of the police forces in any region of Canada, of the provincial government thereof and of the municipal or other local authorities therein or members of local professional, trade or community associations to constitute a regional panel for that region. | ||
| (2) Additional members - When reviewing, with or without a hearing, for the purposes of granting parole or an unescorted temporary absence, the case of an inmate sentenced to life imprisonment as a minimum punishment, an inmate in respect of whom a sentence of death has been commuted to life imprisonment or an inmate sentenced to detention in a penitentiary for an indeterminate period, the Chairman of the Board or the member of the Board designated by the Chairman shall select two persons to act as additional members of the Board from the regional panel constituted for the region that, in the opinion of the Chairman or the member, is the most appropriate. | ||
| (3) Effect - A person selected pursuant to subsection (2) to act as an additional member of the Board has, subject to the regulations, the same powers and duties including the right to vote as the other members of the Board at the hearing or the review without hearing for which the person was selected. | ||
| [1976-77 c53 s19; RS 1985 c35 (2nd Supp) s3] | ||
| 9. (1) Division of the Board - The Chairman may establish divisions of the Board, each consisting of two or more members of the Board, and may direct any of those divisions to carry out at such times and places as are specified by the Chairman, such of the duties and functions of the Board specified by the Chairman as are authorized by rules made by the Board under section 6 to be carried out by a division of the Board. | ||
| (2) Powers of divisions of the Board - A division of the Board established pursuant to subsection (1) may, in carrying out the duties and functions specified by the Chairman, exercise all of the powers conferred on the Board by this Act or any other Act of Parliament. | ||
| (3) Acts of division of the Board - For the purposes of this Act, any act or thing done by a division of the Board in accordance with a direction by the Chairman made pursuant to subsection (1) shall be deemed to be an act or thing done by the Board. | ||
| (4) Review by designated members - Subject to any regulations made pursuant to paragraph 27(1)(1), the Chairman may, at any time before parole is granted, direct that a review of a case shall be con- ducted by a number of members of the Board designated by the Chairman. | ||
| [RSC 1970 cP-2 s5; 1976-77 c53 s21] | ||
| 10. (1) Remuneration - Each member of the Board shall be paid such remuneration for his services as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in the course of his duties. | ||
| (2) Member of Public Service - Where a member of the Board is, at the time of his appointment, an employee in the Public Service, the member shall be given leave of absence, without pay, by his department and be paid as a member of the Board. | ||
| (3) Expenses of additional member - A person selected pursuant to subsection 8(2) to act as an additional member of the Board is entitled to be paid such honorarium as may be prescribed by regulations made pursuant to paragraph 27(1)(n) for each day that that person is so acting and reasonable travel and living expenses incurred while absent from his ordinary place of residence in the course of his duties. | ||
| (4) Superannuation - The members and staff of the Board shall be deemed to be employed in the Public Service for the purpose of the Public Service Superannuation Act. | ||
| [RSC 1970 cP-2 s4, 26; 1976-77 c53 s18, 19] | ||
| 11. (1) Chief executive officer - The Chairman of the Board is its chief executive officer and has supervision over and direction of the work and the staff of the Board. | ||
| (2) Staff - The officers, clerks and employees necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act. | ||
| [RSC 1970 cP-2 s4] | ||
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