BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 27 (1) Regulations - The Governor in Council makes regulations | ||
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(a)
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prescribing the times when the Board must review cases of inmates and the manner reviewing those cases and prescribing when the review must be by way of a hearing before the Board; | |
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(b)
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prescribing the portion of the terms of imprisonment that inmates or classes of inmates must serve before temporary absence without escort may be authorized pursuant to section 29 or 30 of the Penitentiary Actor parole may be granted; | |
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(c)
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prescribing the portion of the terms of imprisonment that inmates must serve before day parole may be granted; | |
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(d)
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repealed; | |
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(e)
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prescribing the class of cases of inmates serving a sentence of imprisonment of less than two years that must be reviewed by the Board on application; | |
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(f)
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prescribing the minimum number of members of the Board who must vote on a review of a case of an inmate or on a hearing of a parole application by an inmate, and prescribing the minimum number of affirmative votes required in any such review or hearing to grant a parole; | |
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(f.1)
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prescribing the circumstances in which a member of the Board mayor must withdraw from voting on a case; | |
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(g)
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prescribing the circumstances in which an inmate is entitled to a hearing on any review of his case for parole; | |
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(h)
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prescribing the information that must be supplied or made available to an inmate or any other person by the Board before or during any review, with or without a hearing, with respect to any parole, temporary absence without escort or release subject to mandatory supervision of that inmate, the form of the information and the circumstances in which and the time within which it must be so supplied or made available; | |
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(h.1)
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prescribing the information or classes thereof that may be withheld from an inmate or other person before or during a review, with or without a hearing, with respect to the parole, temporary absence without escort or release subject to mandatory supervision of that inmate, and prescribing the circumstances in which the Board may withhold that information; | |
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(i)
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prescribing the circumstances in which an inmate is to be entitled to assistance at a hearing before the Board, the kind and extent of the assistance and the persons or class of person who may provide the assistance; | |
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(j)
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prescribing the circumstances in which the Board must provide the inmate with its reasons for any decision made by the Board with respect to the parole, temporary absence without escort or release subject to mandatory supervision of that inmate and the form in which the reasons must be provided; | |
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(k)
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prescribing the time within which the Board must conduct a hearing and render a decision after referral to it of a case pursuant to subsection 22(3); | |
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(k.1)
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respecting, for the purposes of subsection 16(1.1), mandatory terms and conditions in respect of an inmate released on parole or subject to mandatory supervision; | |
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(k.2)
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providing for the manner of applying, pursuant to subsection 16(1.2), for relief from or variance of a mandatory term or condition prescribed pursuant to paragraph (k.1) and the manner in which the Board makes a decision with respect to the application; | |
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(l)
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prescribing the circumstances in which the Board must reexamine a decision to deny parole, other than day parole, or to revoke parole or mandatory supervision; | |
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(m)
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prescribing the terms and conditions under which the Board may recredit to an inmate the remission, or any part thereof, that the inmate is required to serve as a result of the revocation of the inmate's parole; | |
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(n)
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prescribing the honorarium to be paid to persons selected to act as additional members of the Board pursuant to subsection 8(2); | |
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(n.1)
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prescribing special circumstances in which an inmate is eligible for parole, notwithstanding that the inmate would not, by virtue of this Act and the regulations, otherwise be eligible for parole; and | |
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(o)
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providing for such other matters as are necessary to carry out the provisions of this Act or to facilitate the carrying out of the functions of the Board. | |
| (2) Special or general - A regulation made under subsection (1) may be made to apply | ||
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(a)
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generally or to a specified area or region of Canada in which a provincial parole board is being established; or | |
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(b)
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to a certain class or classes of inmates. | |
| (3) Provincial powers - Subject to subsection (4), when a provincial parole board has been appointed in a province, the lieutenant governor in council of the province may, in respect of that provincial parole board and the inmates under its jurisdiction, make regulations in like manner and to like purposes as the Governor in Council may make regulations respecting the National Parole Board and inmates under its jurisdiction. | ||
| (4) Saving - A regulation made under subsection (3) that is inconsistent with a provision of this Act or a regulation made under subsection (1) is void to the extent of that inconsistency. | ||
| [RS 1985 c27 (1st Supp) 201; SC 1992 cls 112] | ||
| Judicial Consideration - | ||
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Gregson v The National Parole Board - (1983) 1 CCC (3d) 13 (FCTD)
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| - No Regulation has been passed dealing with recredit of remission. The Board, however, has enunciated a policy in its Policy and Procedures Manual adopted April 16, 1980 which deals with recrediting of remission. This policy consists only of guidelines. In the absence of Regulations the Board is required to examine each case on its merits and make Its decision in accordance with the conclusion it reaches In the light of the circumstances of that case and should not, by setting a general policy, limit Its discretion in such cases. A policy that circumstances must justify excepting the case from the operation of the general rule Is valid. The general rule in s20 of the Act is that one loses remission and s20(2) operates In circumstances which justify the Board In removing the penalty imposed by the general rule. A policy which states that a recredit of remission should only be granted when revocation becomes necessary because of circumstances beyond an Inmate's control Is not valid as It fetters the discretion of the Board from looking at the circumstances of each case. | ||
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Stevens v National Parole Board - [1979] 2 FC 279 (FCTD)
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| - Regulation 20(1) of the Parole Regulations stipulating that a decision shall not be made within a certain time Is not a regulation prescribing the time within which a decision must be made within the meaning of s9(1)(k) of the Act. It Is the opposite of what Is authorized and does not fall within the power delegated by s9(1)(k) and Is therefore ultra vires. Further, the general power to make regulations delegated by s9(1)(0) cannot be construed as authorizing regulation 20(1) because that regulation does not deal with an "other matter" but rather with a matter authorized to be dealt with by s9(1)(k). The power to make regulations "necessary ...to facilitate the carrying out of" the Parole Boards functions, being general, cannot be construed as authorizing the making of a regulation with the opposite effect to one which Is specifically authorized. [Decided under s9 as it read prior to 1970.] | ||
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Ford v National Parole Board - [1977] 1 FC 359, 73 DLR (3d) 630 (FCTD)
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| - Section 8 of the Act requiring the Parole Board to review a prisoner's case at times prescribed by regulations, together with s9 authorizing the making of regulations, In particular para (b) prescribing the portion of the terms of imprisonment that an in- mate shall serve before parole may be granted and para (a) prescribing the times when the Board shall review cases, authorize regulations determining the minimum time to be served before parole may be granted and regulations setting specific times when a prisoner Is entitled as of right to such a review. Consequently a prisoner has a right to be reviewed at the time specified in the regulations. Any amendment to the regulations changing those times affects substantive rights and is not merely procedural and consequently such amendments will not operate retroactively unless they expressly so provide. [Decided under s9 as it read prior to 1970.] | ||
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