Act BEFORE repealed by 2007-8-58(1), effective April 1, 2007.
Parole Act
[RSBC 1996] CHAPTER 346
Definitions
1 In this Act:
"board" means the Board of Parole for the Province of British Columbia continued under section 2;
"correctional centre" means a correctional centre as defined in the Correction Act;
"day parole" means a parole granted on condition that the parolee return to the correctional centre
(a) from time to time during the term of the parole, or
(b) after a specified period;
"earned remission" means remission of sentence credited to an inmate under section 26 of the Correction Act;
"inmate" means a person who is sentenced to imprisonment in a correctional centre, but does not include
(a) a young person as defined in the Youth Justice Act, or
(b) a person who is sentenced to a term of imprisonment to be served intermittently;
"parole" means authority granted to an inmate to serve a portion of the inmate's sentence in the community, subject to any terms or conditions specified by the board, and includes a day parole;
"parolee" means an inmate who has been granted a parole under this Act.
Board of Parole
2 (1) The Board of Parole for the Province of British Columbia is continued consisting of the following members selected from persons who meet the prescribed criteria and after a merit based process:
(a) one member appointed and designated by the Lieutenant Governor in Council as the chair;
(b) at least 3 other members appointed by the Lieutenant Governor in Council after consultation with the chair.
(2) The Lieutenant Governor in Council may designate one of the members as the vice chair after consultation with the chair.
(3) Sections 1 to 6, 8 to 10, 36, 39, 44, 56, 57, 58 and 61 of the Administrative Tribunals Act apply to the board.
Remuneration, expenses and oath
3 (1) [Repealed 2003-47-52.]
(2) On appointment to the board, each member must take an oath or make an affirmation in the form and manner prescribed in the regulations and must file the oath or affirmation with the minister.
Staff
4 Officers and employees necessary for the conduct of the business of the board must be appointed or employed in accordance with the Public Service Act.
Granting of parole
5 (1) Subject to terms or conditions it considers necessary, the board may grant a parole to an inmate who has been detained in a correctional centre pursuant to a conviction for an offence against an enactment of British Columbia if the board considers that
(a) in the case of a grant of a parole, other than a day parole, the inmate has derived the maximum benefit from imprisonment,
(b) the reform and rehabilitation of the inmate will be aided by granting a parole, and
(c) the release of the inmate on parole would not constitute an undue risk to society.
(2) On application by or on behalf of a parolee, the board may relieve the parolee of the duty of complying with, or may vary, a term or condition of his or her parole.
Term of parole
6 (1) If a parole, other than a day parole, is granted to an inmate,
(a) the term of the parole includes any portion of earned remission standing to the credit of the inmate on the date the inmate is released on parole, and
(b) the parole remains in force until the expiry date of the inmate's warrant of committal unless the parole is suspended or revoked before that date.
(2) If a day parole is granted to an inmate, the parole remains in force until the expiry date specified on the parole certificate issued to the inmate unless the parole is suspended, revoked or terminated before that date.
Suspension, revocation or termination of parole
7 (1) If a member of the board or another person designated by the chair for the purpose has reason to believe that a parolee has violated or is likely to violate a term or condition of the parole, the member or designated person may suspend the parole and may issue a warrant authorizing a peace officer to detain the parolee and return the parolee to a correctional centre.
(2) On the parolee being returned to the correctional centre under the warrant authorized under subsection (1), a member of the board or a person designated by the chair must review the case and, within 14 days after the return of the parolee or a shorter period that may be specified by the board, must either cancel the suspension of the parole or refer the case to the board.
(3) If a case has been referred to the board under subsection (2), the board must review the case and conduct the inquiries it considers necessary and, immediately on completion of the inquiries and review, must
(a) cancel the suspension of the parole, or
(b) revoke the parole or, in the case of a day parole, terminate the day parole.
(4) If a parole is revoked under subsection (3) (b), the parolee must serve the portion of the parolee's term of imprisonment that remained unexpired at the time the parole was granted, including any earned remission, less
(a) the period of time spent on parole,
(b) the period of time during which the parole was suspended and the parolee was in custody, and
(c) any earned remission applicable to the period during which the parole was suspended and the parolee was in custody.
(5) Despite subsection (4), the board may recredit an inmate whose parole is revoked with all or part of the earned remission credited to the inmate at the time the parole was granted.
Concurrent and consecutive sentences
8 If before or after May 31, 1991, a person is or was sentenced to more than one term of imprisonment or to a term of imprisonment during a period of imprisonment, the terms of imprisonment to which the person has been sentenced are, for the purposes of this Act, only one sentence beginning on the day when the first of those sentences is or was effective and ending at the expiry of the last of them.
Exclusive jurisdiction of board
9 The board has exclusive jurisdiction to
(a) grant or refuse to grant a parole,
(b) suspend, revoke or terminate a parole, and
(c) inquire into, hear and determine all matters arising under this Act.
Finality of decisions and orders
10 (1) An order, decision or warrant made or issued under this Act is final and conclusive and is not open to question or review in a court under the Judicial Review Procedure Act or otherwise, and proceedings by or before the board must not be restrained by injunction, prohibition or other proceeding in a court or be removable into a court.
(2) Despite subsection (1), the board may reconsider its order or decision concerning an inmate or parolee if it receives an application to do so on behalf of the inmate or parolee within the prescribed period.
Compulsion protection
10.1 (1) A member of the board or person acting on behalf of or under the direction of a member of the board is not required to testify or produce evidence, in any civil, administrative or regulatory action or proceeding, about records or information obtained in the discharge of duties under this Act.
(2) Despite subsection (1), the Supreme Court may require the board to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.
No proof of documents
11 An order, decision, certificate or warrant is admissible in a proceeding in a court as evidence of the statements contained in it without proof of the seal of the board or of the signature or the official character of the person purporting to have signed it, if it purports
(a) to be sealed with the seal of the board, or
(b) to be signed by a person purporting
(i) to be a member of the board, or
(ii) to have been designated by the chair to suspend a parole or to authorize the apprehension of an inmate whose parole has been revoked or terminated.
Annual report
12 The board must submit annually to the minister a report of the operation of the board for the immediately preceding fiscal year, and the minister must cause the report to be laid before the Legislative Assembly as soon as possible.
Reprieves and pardons
14 This Act must not be construed as affecting or impairing, or intending or purporting to affect or impair, the powers of the Governor General of Canada or the Lieutenant Governor of British Columbia to grant a reprieve, pardon or commutation of sentence.
Power to make regulations
15 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) establishing the criteria for eligibility for appointment to the board;
(b) establishing rules of procedure for the board;
(c) establishing the number of members necessary to constitute a quorum;
(d) respecting the duties and powers of parole officers;
(e) providing for the assessment of inmates;
(f) specifying the minimum portion of the term of imprisonment that an inmate must serve to be eligible to apply for
(i) day parole, or
(ii) full parole;
(g) specifying classes of inmates that may apply for parole even though a minimum portion of a term of imprisonment has not been served as specified in a regulation under paragraph (f);
(h) specifying a period for the purposes of section 10 (2);
(i) prescribing forms and providing for their use.
Section 1 definition of "inmate", paragraph (a) BEFORE amended by 2003-85-82, effective April 1, 2004 (BC Reg 139/2004).
(a) a young person as defined in the Young Offenders (British Columbia) Act, or
Section 1 definition of "earned remission" BEFORE amended by 2004-46-35, effective April 18, 2005 (BC Reg 58/2005).
"earned remission" means remission of sentence credited to an inmate under section 19 of the Correction Act;
Section 2 BEFORE re-enacted by 2003-47-51, effective February 13, 2004 (BC Reg 45/2004).
Board of Parole
2 (1) The Board of Parole for the Province of British Columbia is continued, consisting of members selected from persons who meet the criteria prescribed under section 15 (2) (a) and appointed by the Lieutenant Governor in Council as follows:
(a) one member as chair, who holds office for a term of 6 years;
(b) 3 or more members, up to as many as the Lieutenant Governor in Council considers necessary, each of whom holds office for a term of 4 years.
(2) The chair
(a) is a full time member of the board,
(b) is the chief executive officer of the board, and
(c) must supervise the staff of the board.
(3) The Lieutenant Governor in Council may designate one of the members as vice chair.
(4) A member of the board must not be reappointed to the board except as chair.
(5) A person is not eligible to be appointed or to continue as a member of the board if the person holds any other office by appointment of the Lieutenant Governor in Council.
Section 2 (3) BEFORE repealed by 2004-45-128, effective October 15, 2004 (BC Reg 425/2004).
(3) Sections 1 to 6 and 8 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the board.
Section 3 (1) BEFORE repealed by 2003-47-52, effective February 13, 2004 (BC Reg 45/2004).
(1) The members of the board must be paid the remuneration fixed by the Lieutenant Governor in Council and must be paid, in accordance with general directives of the Treasury Board, reasonable and necessary travelling and out of pocket expenses incurred in carrying out their duties under this Act.