Chapter 3 - Temporary Absences

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights, section 15.

Corrections and Conditional Release Act, sections 17, 17.1, 99(1), 100, 100.1, 101, 107(1), 115, 116, 117, 118, 128, 133 and 134(1).

Corrections and Conditional Release Regulations, sections 9, 147, 153, 155, 156, 161(2), 162 and 164.

Criminal Code, section 746.1.

Eligibility

1. Guidance on eligibilities for temporary absences is provided in Annex B (Eligibilities Table for Conditional Release). 

Frequency, Duration and Granting Authority

2. Guidance on the maximum frequency and duration of, and granting authority for, temporary absences is provided in Annex C (Temporary Absences: Frequency, Duration and Granting Authority).

Decision-Making Criteria and Process

3. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the offender meets the criteria for escorted temporary absences (ETAs), as set out in subsections 17(1) and 17.1(1) of the Corrections and Conditional Release Act (CCRA), or for unescorted temporary absences (UTAs), as set out in subsection 116(1) of the CCRA:
   1. the offender will not, by re-offending, present an undue risk to society during the absence;
   2. it is desirable for the offender to be absent from the penitentiary for medical, administrative, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
   3. the offender’s behaviour while under sentence does not preclude authorizing the absence; and
   4. a structured plan for the absence has been prepared.
4. In cases where a temporary absence involves several offenders participating in a group activity or program, Board members will render a decision on each individual offender application.

Escorted Temporary Absences

5. The Board does not have the authority to approve or authorize ETAs for medical reasons or for the offender to attend judicial proceedings or a coroner’s inquest.

Prior to Day Parole Eligibility

6. Pursuant to paragraphs 746.1(2)(c) and 746.1(3)(c) of the Criminal Code, the Correctional Service of Canada’s (CSC) authorization of ETAs is subject to the Board’s approval for offenders serving a sentence of life minimum and young offenders sentenced in adult court to life imprisonment, who have not reached day parole eligibility.

On or After Day Parole Eligibility

7. Pursuant to subsection 17.1(1) of the CCRA, once an offender serving a sentence of life minimum has reached day parole eligibility, the Board may authorize ETAs.
8. Once the Board has authorized an ETA for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes, which has not been cancelled due to a breach of condition in relation to it, CSC may authorize the offender’s subsequent ETAs.
9. Where an ETA authorized by CSC is cancelled because the offender has breached a condition in relation to it, the subsequent ETA may only be authorized by the Board.

Release Conditions on Escorted Temporary Absences

10. When approving an ETA pursuant to paragraph 746.1(2)(c) or 746.1(3)(c) of the Criminal Code, the Board may specify any condition that it considers reasonable and necessary in order to protect society.
11. When authorizing an ETA, the Board may impose any condition that it considers reasonable and necessary in order to protect society, pursuant to subsection 17.1(4) of the CCRA.

Unescorted Temporary Absences

12. Board members may authorize UTAs for offenders serving:
    1. a life sentence imposed as a minimum punishment or commuted from a sentence of death;
    2. an indeterminate sentence; or
    3. a sentence for an offence set out in Schedule I of the CCRA that resulted in either the death of or serious harm to the victim, or is a sexual offence involving a child.
13. Pursuant to subsection 117(1) of the CCRA, the Board has conferred to all Institutional Heads granting authority for UTAs for medical reasons.
14. Pursuant to subsection 156(6) of the Corrections and Conditional Release Regulations, the Board is not required to conduct more than one review of a UTA application every six months.

Unescorted Temporary Absences for Community Service or Personal Development

15. In accordance with subsection 116(5) of the CCRA, a minimum period of seven days in custody is required between UTAs authorized for community service or personal development for rehabilitative purposes.

Specific Personal Development Program

16. A UTA for a specific personal development program may include, but is not limited to, attending or participating in:
    1. programs addressing problematic substance use;
    2. ceremonies/events for cultural or spiritual purposes;
    3. programs addressing sexual offending;
    4. general or specialized education programs;
    5. technical training programs;
    6. family violence counselling sessions;
    7. support groups; or
    8. restorative justice programs.
17. When reviewing an application to renew a UTA for a specific personal development program, Board members should consider the offender’s progress over the current or previous UTA in determining whether the offender meets the criteria set out in subsection 116(1) of the CCRA.
18. No return to custody is required for a renewal of a UTA for a specific personal development program.

Cancellation of Unescorted Temporary Absences

19. In accordance with subsection 116(10) of the CCRA, the Board may cancel a UTA that it authorized. The UTA may be cancelled before or after it has commenced:
    1. where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;
    2. where the grounds for granting the absence have changed or no longer exist; or
    3. after a review of the offender’s case based on information that could not reasonably have been provided when the absence was authorized.

Release Conditions on Unescorted Temporary Absences

20. Guidance on imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in Policy 6.1 (Release Conditions).

Unescorted Temporary Absences for Foreign Offenders

21. Guidance on UTAs for foreign offenders is provided in Policy 8.4 (Removal Orders, Extradition and Voluntary Departure).

Decision and Reasons

22. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).

Cross-References

23. Decision-Making Policy Manual

    1.3 Psychological and Psychiatric Assessments

    2.1 Conditional Release Decision-Making

    4.1 Parole

    6.1 Release Conditions

    6.3 Leave Privileges

    8.1 Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation

    8.4 Removal Orders, Extradition and Voluntary Departure

    Annex B Eligibilities Table for Conditional Release

    Annex C Temporary Absences: Frequency, Duration and Granting Authority

24. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 710-3 Temporary Absences

    CD 712-1 Pre-Release Decision-Making

    CD 712-3 Parole Board of Canada Reviews