How Long Until I Get Out of Jail?
Law Office of Kalina & Tejpal | Reviewed and updated October 6, 2026
There is no single release date that applies to everyone in custody. First distinguish detention while a criminal case is pending from imprisonment after sentencing. After sentence, the calculation depends on the sentence actually imposed, custody credit, the applicable release rules and any other lawful basis for detention.
Before sentence: release on bail
If you are awaiting trial, the question is generally whether a court will grant bail or review an existing detention order—not when parole or remission becomes available. The timing depends on the hearing, the proposed release plan and any other outstanding matters. See Bail Hearings and Sureties.
Federal sentences: parole and statutory release
A sentence of two years or more is ordinarily served in a federal penitentiary. The Parole Board of Canada decides federal parole applications. Special rules apply to life and indeterminate sentences, and the ordinary fractions below must not be used for those sentences.
Day parole — section 119: for an ordinary determinate sentence of two years or more, eligibility is generally the later of six months into the sentence or six months before full-parole eligibility.
Full parole — section 120: the ordinary eligibility period is the lesser of one-third of the sentence and seven years, subject to statutory exceptions and orders delaying eligibility. Eligibility permits consideration; it does not guarantee release.
Statutory release — section 127: most people serving determinate federal sentences are released under supervision after two-thirds of the sentence, unless applicable detention or other statutory provisions prevent release. Suspension, revocation or an additional sentence can change the calculation.
Release on parole or statutory release does not mean that the sentence has ended. Under section 128, the sentence ordinarily continues until expiry, with applicable supervision and conditions.
Ontario provincial sentences
A sentence of less than two years is ordinarily served in a provincial correctional institution. The Ontario Parole Board’s Practice Guidelines explain that parole eligibility is generally after one-third of the sentence. Applicants serving 181 days or more are automatically considered, subject to the waiver rules; those serving less than 181 days must apply. A hearing is not guaranteed for a short-sentence application. Earlier consideration may be available in compelling or exceptional circumstances.
Earned remission is different from parole. Section 6 of the Prisons and Reformatories Act provides remission credits for qualifying conduct and participation. Ontario’s release-from-custody guidance distinguishes the parole eligibility date, discharge possible date and final warrant expiry date. With full earned remission, the discharge possible date is often approximately two-thirds of the provincial sentence; it is not a guaranteed date and is not federal statutory release.
Temporary absences may also be available for eligible purposes, including medical, humanitarian, rehabilitation or reintegration needs. They are a distinct form of authorized absence, not the end of the sentence. The applicable authority, conditions and duration must be checked.
Why the date may change
Credit for pre-sentence custody as recorded in the sentencing order.
Concurrent, consecutive or additional sentences and sentence-calculation rules.
Life or indeterminate sentences, delayed parole eligibility, or detention provisions.
Remission not earned, forfeited or restored, and suspension or revocation of release.
Outstanding warrants, another detention order, or immigration detention or removal proceedings.
Get the calculation, not just an estimate
Ask for the current sentence calculation and identify the parole eligibility date, any statutory release or discharge possible date, and the warrant expiry date. Counsel should review the warrant of committal, sentencing order, custody credit and correctional records. If a date appears wrong, raise the issue promptly; a general online calculator cannot account for every exception.
Related guidance
For advice about your circumstances, contact our office. This article provides general information, not legal advice.