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| B.C. Reg. 61/93 O.C. 195/93 |
Deposited February 25, 1993 |
| This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
Parole Act
[includes amendments up to B.C. Reg. 192/97]
1 In this regulation:
"federal Act" means the Corrections and Conditional Release Act (Canada);
"member" means a member of the board.
2 To be eligible for appointment to the board a person must
(a) understand community values and be sensitive to the diverse characteristics of the different cultural, religious, ethnic and ancestral groups in British Columbia,
(b) be able to acquire the skills to conduct a hearing in a manner consistent with proper administrative law practices and procedures,
(c) be able to understand and make decisions based on assessments from a variety of professional sources concerning an inmate's release plans,
(d) know and understand the justice system in British Columbia or have an active interest in gaining this knowledge and understanding,
(e) be of good character and proven integrity,
(f) have a demonstrated ability to manage information in a sensitive and confidential manner, and
(g) have satisfactorily undergone reference and security checks.
3 Before beginning to serve, a member must swear the following oath:
I swear that I will faithfully, truly and impartially carry out my duties as a member of the Board of Parole for the Province of British Columbia to the best of my judgment, skill, knowledge and ability and will not disclose to any person any matter or information learned during my duties except as required to properly discharge these duties.
4 (1) Three members constitute a quorum of the board for a detention hearing.
(2) One member constitutes a quorum of the board for the purpose of
(a) a review without a hearing to determine changes of conditions to a day parole or full parole, or
(b) a review of an initial application for day parole or full parole, that may include a hearing, if the determination to be made is whether to grant parole or to refer the application to a 2 member panel.
(3) Two members constitute a quorum of the board for all reviews and hearings not described in subsection (1) or (2)
[am. B.C. Reg. 192/97, s. 1.]
5 If the board considers that circumstances warrant a review, the board may review the case of an inmate who has not applied for the review.
5.1 (1) At least 2 days before the day set for the review of the case of an inmate, the board must provide or cause to be provided to the inmate, the information that is to be considered by the board in the review of the case, or a summary of that information.
(2) If information comes into the possession of the board after the time limit prescribed in subsection (1) that information, or a summary of it, must be provided to the inmate as soon as practicable.
(3) An inmate may waive the right to be provided with the information or a summary of it to have it provided as required by subsection (1) or (2), but if an inmate has waived that period and any information is received by the inmate or the board, with insufficient time to allow the inmate or the board to prepare for the review, the inmate is entitled to, or the board must grant on request of the inmate, a postponement of the review hearing for a reasonable period set by the board.
[en. B.C. Reg. 192/97, s. 2.]
Part 2 — Offenders under Provincial Enactment
6 (1) An inmate must serve 1/3 of the term of imprisonment before the inmate may be granted full parole.
(2) An inmate must serve 1/6 of the term of imprisonment before the inmate may be granted day parole.
(3) Subsections (1) and (2) do not apply to an inmate
(a) who is terminally ill,
(b) whose physical or mental health is likely to suffer serious damage if the inmate continues to be held in confinement,
(c) for whom continuing confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the inmate was sentenced, or
(d) who is the subject of an order to be surrendered under the Extradition Act (Canada) or the Fugitive Offenders Act (Canada) and to be detained until surrendered.
7 If the case of an inmate is being reviewed for day parole or for full parole, the board must obtain and consider all information that it considers relevant including, if relevant,
(a) particulars of the inmate's trial, conviction and sentence and the remarks of the judge in passing sentence,
(b) particulars of the inmate's criminal record,
(c) information about the inmate's background and proposed release plan,
(d) information about the inmate's conduct while in custody,
(e) information from the victim of the offence for which the inmate is sentenced, and
(f) reports from health care professionals concerning the inmate's physical and mental health.
8 A review under section 7 (3) of the Parole Act must be conducted by means of a hearing that is concluded as soon as practical.
9 The board must allow an inmate applying for day parole or full parole to attend the hearing of the application.
10 On the granting of or refusal to grant full parole or day parole under the Parole Act, or on action taken under section 7 (3) of the Parole Act, the board must notify the inmate in writing stating its determination and the reasons for that determination.
11 An application under section 10 (2) of the Parole Act must be made within 30 days of the making of the order or the decision for reconsideration to which it relates.
Part 3 — Offenders under Federal Enactment
12 (1) If an inmate applies for day parole under section 122 (1) or (2) of the federal Act, the board must hold a hearing to review the case before the inmate's day parole eligibility date or, if the application is received after that eligibility date, within 6 weeks of receipt of the application.
(2) The board may postpone a day parole review at the request of the inmate.
(3) The board may adjourn a day parole hearing for not more than one month if the board needs further specific information in order to give its decision.
(4) No further applications for day parole may be made by the inmate
(a) within 2 months of the date of a board decision not to grant day parole if the inmate is serving a term of imprisonment of less than 2 years, or
(b) within 4 months of the date of a board decision not to grant day parole if the inmate is serving a term of imprisonment of 2 or more years.
[am. B.C. Reg. 196/93, s. 1.]
13 (1) If an inmate applies for full parole under section 123 (3) or (6) of the federal Act, the board must hold a hearing to review the case before the inmate's full parole eligibility date or, if the application is received after that eligibility date, within 6 weeks of receipt of the application.
(2) If an inmate is serving 2 or more years, the board must hold a hearing under section 123 (1) of the federal Act to review the case before the inmate's full parole eligibility date.
(3) If parole is denied under subsection (2), the board must conduct a further review under section 123 (5) of the federal Act without a hearing each year after that date unless there is a significant change in the inmate's circumstances and, if there is such a change in circumstances, the board must have a hearing for the purposes of the review.
(4) The board may postpone a full parole review at the request of the inmate.
(5) The board may adjourn a full parole hearing for not more than one month if the board needs further specific information in order to render its decision.
(6) No further applications for full parole may be made by the inmate
(a) within 2 months of the date of a board decision not to grant full parole if the inmate is serving a term of imprisonment of less than 2 years, or
(b) within 4 months of the date of a board decision not to grant full parole if the inmate is serving a term of imprisonment of 2 or more years.
[am. B.C. Reg. 196/93, s. 2.]
14 (1) The case of an inmate to whom section 125 of the federal Act applies must be assessed within one month of the start of the inmate's sentence to determine if it is suitable to refer the case to the board for a determination under section 126 of the federal Act.
(2) The case of an inmate must be referred to the board under section 125 (4) of the federal Act 2 months before the inmate's full parole eligibility date.
(3) The board must review without a hearing the case of an inmate under section 126 (1) of the federal Act at least one month before the inmate's full parole eligibility date.
(4) The board must review the case under section 126 (4) of the federal Act by holding a hearing before the inmate's full parole eligibility date.
15 (1) If a case is referred to the board under section 129 (2) of the federal Act, or to the chair of the board under section 129 (3) of the federal Act, the board must give the inmate written notice of
(a) the referral 5 months before the inmate's date for statutory release, if the case is referred within 6 months before that date, or as soon as practical, in all other cases, and
(b) the date of the review to be held under section 129 (5) or 130 (1) of the federal Act.
(2) A review under section 130 (1) must include a hearing and must be held
(a) not later than 3 months before the date for the inmate's statutory release if the case has been referred to the board at least 4 months before that date, or
(b) not later than one month after the case has been referred to the board if paragraph (a) does not apply.
16 (1) For the purposes of section 133 (2) of the federal Act each inmate released on day parole, full parole or statutory release must comply with the following conditions:
(a) report immediately on release to the parole supervisor at the time and place stated for that purpose in the release certificate provided by the board;
(b) report initially to the parole supervisor a minimum of once a month in person or more frequently as directed by the parole supervisor, and, after 3 months, as directed by the parole supervisor;
(c) remain within the area of British Columbia specified by the board;
(d) obey the law and keep the peace;
(e) immediately inform the parole supervisor on being questioned or arrested by the police;
(f) carry the release certificate at all times and produce it on request by a peace officer or parole supervisor for identification;
(g) report to the police at the time and place as directed by the parole supervisor, if so directed;
(h) advise the parole supervisor on release of the inmate's address of residence and thereafter obtain permission from the parole supervisor for
(i) a change in address of residence,
(ii) a change in occupation including a change in employment, vocational or educational training or in volunteer work,
(iii) a change in living arrangements or financial situation and a change in family situation, or
(iv) a change that may reasonably be expected to affect compliance with the conditions of the release;
(i) not own, possess or have control of a weapon as defined in section 2 of the Criminal Code except as authorized by the parole supervisor;
(j) in the case of day parole, return at the time specified in the release certificate to the correctional centre from which the inmate was released.
(2) If an inmate makes application for relief from or amendment to a condition referred to in section 133 of the federal Act, the board must make its decision
(a) in the case of an application made before the inmate's release, at the time of the review or, if possible, prior to the inmate's release, or
(b) in the case of an application made after the inmate's release, within one month of receiving the application in writing.
(3) The board is not required to conduct more than one review within any 6 month period arising from an application under section 133 (6) by the same inmate.
[am. B.C. Regs. 196/93, s. 3; 192/97, s. 3.]
17 (1) If the case of an inmate has been referred to the board under section 135 (4) or (5) of the federal Act for a post suspension review, the board must give its decision within one month after the date of suspension or the date of the inmate's re-admission to custody, whichever is later.
(2) If the board acts under section 135 (7) of the federal Act, it may review its decision within a period specified at the previous hearing.
18 (1) Section 140 (1) (e) of the federal Act, respecting the conduct of a review without a hearing where the inmate waives the right to a hearing or refuses to attend the hearing, applies in the following classes of cases:
(a) a review to cancel day parole or full parole;
(b) a review to change a condition of day parole or full parole.
(2) Section 140 (3) of the federal Act, respecting the conduct of a review without a hearing for the purpose of granting parole or deciding to hold a hearing before rendering a decision, applies in the following classes of cases:
(a) if an inmate has at the time of the review been referred to the board under section 125 of the federal Act, to the first review for day parole;
(b) if an inmate is serving a sentence of imprisonment of 2 years or more, to an annual review for full parole under section 123 (5) of the federal Act;
(c) if an inmate has been released on day parole at the time of the review, to a review for full parole;
(d) if an inmate is serving a sentence of imprisonment of less than 2 years, to a review for day parole or full parole.
[en. B.C. Reg. 192/97, s. 4.]
19 (1) The board must keep a record of a review it conducts if the review includes a hearing and the board must maintain this record until the inmate's sentence expires.
(2) If the board makes a decision following a review, it must
(a) keep until the inmate's sentence expires a copy of its decision and the reasons for the decision, and
(b) give the inmate a copy of the decision and the reason for it within 7 days after the decision is made.
[am. B.C. Reg. 192/97, s. 5.]
20 (1) A person who requests access to the registry of decisions of the board for research purposes under section 144 (3) of the federal Act must apply in writing to the board providing a written description of the nature of the information and the class of decision for which access is sought.
(2) Within one month of receipt of an application described in subsection (1), the board must allow the person making the application to have the access requested unless subsection (3) applies.
(3) The chair of the board may extend the one month time limit under subsection (2) for granting access if, having regard to all the circumstances,
(a) too large a number of decisions are covered by the request to be dealt with within that limit, or
(b) the board must consult before it can adequately respond to the request and these consultations require more time than will allow the request to be dealt with within that limit.
(4) If subsection (3) applies, the board must inform the person applying under this section of the reasons for the extension of time.
21 The board may reconsider an order or decision to which the federal Act applies if, within 30 days of the making of the order or decision, it receives an application on behalf of the inmate or parolee to reconsider the order or decision.
Note: This regulation replaces B.C. Reg. 181/91.
[Provisions of the Parole Act, R.S.B.C. 1996, c. 346, relevant to the enactment of this regulation: section 15]
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