Corrections in Ontario

Ontario’s Correctional Services are managed by the Ministry of the Solicitor General (SOLGEN), which:

• operates and monitors Ontario’s adult correctional institutions and probation and parole offices
• has jurisdiction over adult offenders who have been granted parole by the OPB
• provides programs and facilities that help with offender rehabilitation

To learn more about SOLGEN’s services and programs, visit SOLGEN‘s website.

Applicants who are under the age of 18 and who are sentenced to an adult sentence are eligible to apply for parole.

Those who were sentenced under the Youth Criminal Justice Act and who are serving their sentence in an adult correctional institution may not be eligible to apply for parole.

Inmates who are under the age of 18 and sentenced under the Youth Criminal Justice Act and who are serving their sentence in a youth facility are generally not eligible for parole.

For more information on who can apply for parole, please contact the correctional institution. A list of provincial institutions can be found on SOLGEN’s website.

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The Ontario Parole Board

The OPB makes decisions about applications for parole for inmates who are serving a sentence of less than two years in a provincial correctional institution.

An applicant is a person who committed an offence, is in a provincial correctional institution, and who has applied to the OPB for parole or a temporary absence permit of 72 hours or more. Applicants may also be referred to as “offenders” or “inmates.”

The OPB can make several decisions about parole and temporary absences, as outlined in the Ministry of Correctional Services Act. The decisions it can make include:

• granting parole/temporary absence with conditions;
• denying parole/temporary absence;
• suspending a parolee’s parole and authorizing the re-committal of the parolee to custody;
• lifting the suspension of parole or revoking parole; and
• canceling a temporary absence that it has granted.

Public safety is the OPB’s highest priority when considering parole and temporary absence applications.

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Parole in Canada

In Canada, there are three provincial-level parole boards:

• Ontario Parole Board (for applicants serving sentences of less than 2 years in Ontario)
• Commission québécoise des libérations conditionnelles (for applicants serving sentences of less than 2 years in Quebec)
• Alberta Parole Board (for applicants serving sentences of less than 2 years in Alberta)
• Parole Board of Canada (PBC) (for applicants serving sentences of more than 2 years, or who are not in Ontario, Quebec, or Alberta)

There is also a federal-level parole board in Canada: The PBC makes parole and conditional release decisions for applicants serving sentences in federal and territorial institutions.

Who can apply for parole in Ontario

Applicants serving a sentence of less than two years in an Ontario correctional institution can apply for parole or other types of conditional release. The OPB hears and makes decisions about conditional release and parole. Parole is the release of an inmate from a correctional institution into the community. If granted parole, the inmate is allowed to serve the rest of their sentence in the community under the supervision of a Probation and Parole Officer and under certain conditions. An applicant is eligible for parole after completing 1/3 of their sentence. This is called the Parole Eligibility Date (PED).

An applicant serving a sentence of 6 months or more will automatically be scheduled for a parole hearing and the OPB must make a decision about parole before the applicant’s PED. The institution will tell the applicant what their PED is during their sentence. The ILO will discuss options with the applicant about 8 to 10 weeks before their PED.

An applicant serving a sentence of less than 6 months is not automatically scheduled for a parole hearing and must apply to be considered for parole. The ILO can help them with their parole application.

Parole is never guaranteed.

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Temporary absences

Inmates can apply for a temporary absence permit that lasts 72 hours or more. The Temporary Absence Program allows applicants to leave a correctional institution without an escort for a set amount of time and for a specific reason. Temporary absences can be granted for up to sixty days.

The OPB or a correctional institution can grant an inmate a temporary absence for:

• rehabilitation and reintegration into the community;
• medical reasons; and
• humanitarian reasons.

A temporary absence for medical reasons can be granted for more than 60 days.

Any applicant can apply for a temporary absence at any time during their sentence. Applicants can ask for a temporary absence even if they have not applied for parole or have had their parole application denied. For more information, applicants can speak to the Temporary Absence Coordinator at their institution.

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How to apply for parole or a temporary absence

An applicant is the person who committed an offence and for whom temporary absence is being considered. In other settings, applicants may be referred to as “offenders” or “inmates”.

If an applicant would like to apply for a temporary absence, they must speak with the Temporary Absence Coordinator at the correctional institution. The coordinator reviews all applications, obtains community reports, and provides recommendations to the OPB. The correctional institution may make the decision about the application for a temporary absence, or it may send the application to the OPB.

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Giving up rights to parole

Some applicants may not want to be scheduled for a parole hearing. If that’s the case, applicants have the option to give up (waive) their right to a parole hearing or parole consideration.

If an applicant decides to give up their right to a parole hearing, the OPB will still consider whether the applicant should be released on parole. For more information, see Parole Consideration without a Hearing.

If an applicant decides to give up their right to be considered for parole altogether, the OPB will not hold a hearing and will not consider them for parole.

An ILO can help applicants who wish to give up their rights to parole.

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Parole consideration without a hearing

If an applicant decides to give up their right to a parole hearing, the OPB will still consider whether the applicant should be released on parole. This is called a Non-Hearing Parole Consideration (NHPC). When the OPB grants or denies an applicant’s parole, it will send them a copy of its decision.

If an applicant wants to give up their right to a parole hearing or parole consideration, the ILO can help them with the process.

If an applicant has given up their right to a parole hearing (but not their right to parole consideration), they may change their mind at any time before the OPB makes a decision and ask for a parole hearing. The applicant can do so by notifying the OPB in writing through the ILO. The OPB will schedule a hearing for the applicant. If the OPB has already made a decision by the time the applicant changes their mind, the applicant will need to request a review of the OPB’s decision. See Decisions for more information.

Parole hearings

The OPB decides at parole hearings whether an applicant can safely be released from custody into the community before their sentence ends. During the parole hearing, applicants tell the OPB why they should be granted parole.

A hearing does not guarantee that parole will be granted. The OPB decides whether to grant or deny parole based on the careful review of all the relevant the information in the applicant’s file. The information in the file can include:

• submissions from a victim (if provided);
• submissions from the applicant;
• documents and reports from the correctional institution;
• police and court documents; and
• any other relevant information.

At the hearing, the OPB determines the risk of granting parole by hearing directly from the applicant and other participants like victims. If parole is granted or denied, the applicant will receive a written decision explaining the reasons for the decision.

Parole hearings can be in any of the following formats:

• Electronic hearing
• Paper: If an applicant has waived their right to a hearing, the OPB will review their file and make a decision without meeting them (this is called a “non-hearing parole consideration”)

If an applicant has a scheduled hearing, they may ask the OPB for permission to allow a family member, friend or lawyer to attend the hearing to assist or support them. Applicants have the right to a hearing in either French or English, and can request an interpreter if French or English is not their first language. Applicants can also request an accommodation of Human Rights Code-related needs, such as a disability. The Institutional Liaison Officer can help them make these requests.

Please note that cameras or recording devices of any kind are not permitted at OPB hearings.

Hearing Accommodations

If a parole or temporary absence hearing is scheduled, applicants can request an accommodation.

The applicant may ask the OPB to allow a family member, friend, or lawyer to attend their hearing to assist.

Cameras or recording devices of any kind are not permitted at OPB hearings.

Language Rights

Applicants have the right to a hearing in either French or English.

Applicants can request an interpreter if French or English is not their first language. Interpretive services are only available to applicants and victims.

Overview

A Circle Hearing is an alternative format of a mainstream parole hearing. When the OPB holds a Circle Hearing, it still assesses the applicant’s suitability for parole. Elders lead the Circle Hearings. They are considered the gatekeepers of Indigenous knowledge and history and play a critical role in Indigenous communities. The role of an Elder in a Circle Hearing can include:

• facilitating the Circle Hearing process
• providing culturally appropriate support to the applicant
• providing advice and guidance to the OPB members

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Purpose of Circle Hearing

A circle hearing gives Indigenous applicants (First Nations, Inuit, and Métis) a hearing process that respects their culture. It also allows OPB hearing members to better understand an Indigenous applicant’s situation when assessing parole release plans. The Circle Hearing format creates a non-confrontational environment for a hearing and welcomes the presence and contribution of an Elder.

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The Circle Hearing Process

Elders begin Circle Hearings with a blessing or a ceremony. The Elder then describes the hearing process and passes the Eagle Feather to the applicant, who is the first to speak. The Elder may reference the Eagle Feather to the participants of that Circle.

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Requesting a Circle Hearing

To request a Circle Hearing, the applicant must fill out the Request for Indigenous Circle Hearing Form. This form is not available online. The applicant must request a copy from the Institutional Liaison Officer at their institution.

How the OPB makes a decision

The OPB receives an applicant’s institutional file before a hearing. The information in the file may include documents and reports from the Ministry of the Solicitor General (SOLGEN), including the correctional institution where the applicant is in custody. There may also be court documents, reports, and victim submissions in the file. When deciding whether to release an applicant on parole, the OPB looks at all the relevant information in the file. It will also look at the parole release plan submitted by the applicant.

During the hearing, the OPB will decide if releasing the applicant on parole will put the public at undue risk. It will also consider whether the applicant’s release will support their safe and successful reintegration into the community. The safety of the public is the most important consideration for the OPB.

The OPB may take a few days to make a decision or it may make a decision at the end of the hearing. The applicant will receive a written copy of the decision within five business days of the hearing but no later than their parole eligibility date.

If the OPB grants the applicant parole, it will set out conditions the applicant must follow while in the community.

A copy of the written decision will be sent to SOLGEN to be added to the applicant’s file.

OPB decisions are confidential and not available to the public. Any person who wants a copy of a parole decision must submit a freedom of information request. Victims may contact the OPB for assistance obtaining a copy of a decision.

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Requesting a review of an OPB decision

If an applicant does not agree with the OPB’s decision, they may request a review of the decision. They can do this by completing and signing a Request for Review of Parole Decision Form. An applicant’s legal representative may also submit a request for review on their behalf.

Applicants should carefully read the OPB’s decision to prepare their request for review.. In their request, the applicant should explain why they think the OPB’s decision is wrong.

If an applicant’s request for review is denied, they may ask a court to review the OPB’s decision.

How long will it take to get a hearing?

• Parole Hearing Application -In most cases, a parole hearing is scheduled about two weeks before an applicant’s parole eligibility date.
• Temporary Absence Application – A Temporary Absence Hearing will be scheduled within 30 days of receiving the application from the Superintendent of the correctional institution.

When will a decision be made?

• The adjudicator(s) may provide a verbal decision at the end of each hearing.
• A final written decision about a parole application will be given within five business days after the parole hearing and no later than the applicant’s parole eligibility date.
• A final written decision about a temporary absence application will be given within five business days after the hearing.

If I call the OPB, how long will it take me to reach a contact centre representative?

• It will take an average of 5-10 minutes to reach a contact centre representative by phone.

Resources

• Temporary Absence Information Sheet
• Your Guide to Parole in Ontario
• Parole Denied Information Sheet
• Parole Grant Information Sheet
• Hearing and Parole Consideration Waiver Form
• Parole Application for sentence less than six months
• Request for Assistant to Attend Hearing
• Request for Review Form
• An Active Partner in Canada’s Journey to Reconciliation
• A Guide to Parole in Ontario for Victims and Their Families
• Accommodation Request Form
• Request for French Language Services Form
• OPB: Practice Guidelines

For information about the Ontario Parole Board (OPB) legislation and practice directions, see laws and regulations.

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OPB updates

• Ontario Parole Board Updates – August 31, 2022
• Ontario Parole Board Updates – April 27, 2020