C-44.6Corrections and Conditional Release ActSOR/92-620199210
29
201302
22
20059
30
CORRECTIONS AND CONDITIONAL RELEASE ACTCorrections and Conditional Release RegulationsRegulations Respecting Corrections and the Conditional Release and Detention of OffendersP.C.1992-2223199210
29
His Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to sections 96 and 156 of the Corrections and Conditional Release Act*, is pleased hereby to revoke the Penitentiary Service Regulations, C.R.C., c. 1251, the Parole Regulations**, made by Order in Council P.C. 1978-1528 of May 4, 1978***, and the Penitentiary Inmates Accident Compensation Regulations, made by Order in Council P.C. 1982-1026 of April 1, 1982****, and to make the annexed Regulations respecting corrections and the conditional release and detention of offenders, in substitution therefor, effective on the day the Corrections and Conditional Release Act comes into force.S.C. 1992, c. 20SOR/91-563, 1991 Canada Gazette Part II, p. 3309SOR/78-428, 1978 Canada Gazette Part II, p. 2220SOR/82-385, 1982 Canada Gazette Part II, p. 1465SHORT TITLE
These Regulations may be cited as the Corrections and Conditional Release Regulations.
INTERPRETATION
In these Regulations,Act means the Corrections and Conditional Release Act; (Loi)CORCAN means the part of the Service that is responsible for penitentiary industry; (CORCAN)correctional plan means a correctional plan developed in accordance with section 102; (plan correctionnel)independent chairperson means a person appointed pursuant to section 24 to conduct hearings of serious disciplinary offences; (président indépendant)inmate grievance committee means a committee that is established in a penitentiary for the purpose of reviewing inmates' grievances and making recommendations with respect thereto to the institutional head and that consists of an equal number of inmates and staff members; (comité d'examen des griefs des détenus)net approved earnings, in respect of an inmate, means the inmate's income per pay period from pensions, institutional work, programs referred to in paragraph 78(1)(a) of the Act, authorized employment in the community and sales of hobby crafts, less any deductions made for the purposes of reimbursement pursuant to subsection 104(4); (gains nets approuvés)offender meansin Part I, an offender as defined in section 2 of the Act, andin Part II, an offender as defined in section 99 of the Act; (délinquant)outside review board means a committee of members of the community, other than staff members or inmates, that is established for the purpose of reviewing inmates' grievances and making recommendations with respect thereto to the person who is reviewing the inmate's grievance; (comité externe d'examen des griefs)parole supervisor has the same meaning as in subsection 134(2) of the Act; (surveillant de liberté conditionnelle)region means one of the following regions, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region; (région)releasing authority has the same meaning as in subsection 133(1) of the Act; (autorité compétente)unauthorized item means an item that is not authorized by a Commissioner's Directives or by a written order of the institutional head and that an inmate possesses without prior authorization; (objet non autorisé)working day has the same meaning as in subsection 93(5) of the Act. (jour ouvrable)
CORRECTIONSGeneralDuties
Every staff member shallbe familiar with the Act, these Regulations and every written policy directive that relates to the staff member's duties;perform the staff member's duties impartially and diligently and in accordance with the principles set out in the Act and in the Mission of the Correctional Service of Canada, published by the Service, as amended from time to time; andencourage and assist offenders to become law-abiding citizens.
An institutional head is responsible, under the direction of the Commissioner, forthe care, custody and control of all inmates in the penitentiary;the management, organization and security of the penitentiary; andthe direction and work environment of staff members.
Authorization
A staff member who is designated by name or position for that purpose in Commissioner's Directives may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by any of the following provisions of the Act:subsection 27(3);section 29; andsubsection 81(3).A staff member who is assigned responsibility for liaison with victims in Commissioner's Directives may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by section 26 of the Act.
A staff member who is designated by name or position by an institutional head for that purpose in institutional standing orders that are readily accessible to the inmates may exercise the powers, perform the duties or carry out the functions that are assigned to the institutional head by any of the following provisions of the Act:subsection 17(3);subsection 18(4);subsection 31(3);section 35;subsection 36(2);subsection 41(2);subsection 61(2); andsubsection 94(1).
Citizen Advisory Committees
An institutional head or a person responsible for a parole office may, in accordance with this section, set up a Citizen Advisory Committee that consists of members of the community in which the penitentiary or parole office is situated to promote and facilitate the involvement of members of the community in the operation of the Service.An institutional head or a person responsible for a parole office shall ensure that the Citizen Advisory Committee is representative of the community in which the penitentiary or parole office, as the case may be, is situated.No staff member or offender may be appointed to a Citizen Advisory Committee.A Citizen Advisory Committeemay advise an institutional head or a person responsible for a parole office on any matter within the institutional head's or person's jurisdiction; andshall make itself available for discussions and consultations with the public, offenders, staff members and Service management.The institutional head or a person responsible for a parole office shall ensure that the members of the Citizen Advisory Committee that relates to the penitentiary or parole office have reasonable access, for the purpose of carrying out the functions of the Committee, toevery part of the penitentiary or parole office;every staff member of the penitentiary or parole office;any offender in the penitentiary or under the supervision of the parole office; andany hearing, conducted under this Part or Part I of the Act, respecting an offender in the penitentiary or under the supervision of the parole office, if the offender consents to the access.
Inmates' Attendance at Judicial Proceedings
Where an inmate is an applicant for a reduction in the inmate's number of years of imprisonment without eligibility for parole, pursuant to section 745 of the Criminal Code, the Commissioner shall ensure that the inmate is produced in court for the purpose of attending the hearing of the application, wherethe court requires that the inmate be present at the hearing; orthe inmate requests to be present at the hearing.The Commissioner or a staff member designated by the Commissioner may authorize the transfer of an inmate to another penitentiary or to a provincial correctional facility where the transfer is necessary to facilitate the inmate's attendance at a judicial proceeding.
Escorted Temporary Absences and Work Releases
For the purposes of paragraph 17(1)(b) of the Act, the institutional head may authorize an escorted temporary absence of an inmatefor medical reasons to allow the inmate to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;for administrative reasons to allow the inmate to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the inmate is serving;for community service purposes to allow the inmate to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;for family contact purposes to assist the inmate in maintaining and strengthening family ties as a support to the inmate while in custody and as a potential community resource on the inmate's release;for parental responsibility reasons to allow the inmate to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the inmate and the child;for personal development for rehabilitative purposes to allow the inmate to participate in specific treatment activities with the goal of reducing the risk of the inmate re-offending, and to allow the inmate to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the inmate into the community as a law-abiding citizen; orfor compassionate reasons to allow the inmate to attend to urgent matters affecting the members of the inmate's immediate family or other persons with whom the inmate has a close personal relationship.
The power of the Commissioner under paragraph 17(1)(f) of the Act to approve non-medical escorted temporary absences for a period exceeding five days but not exceeding fifteen days may be exercised by the head of the region.The power of the Commissioner under subsection 18(2) of the Act to approve a work release where the duration of the work release is to exceed 60 days may be exercised by the head of the region.
Placement and Transfers
An institutional head shall ensure that an inmate is informed in writing of the reasons for the placement of the inmate in a particular penitentiary and that the inmate is given an opportunity to make representations with respect thereto,where the penitentiary placement process takes place in a provincial correctional facility, within two weeks after the initial placement of the inmate in a penitentiary; orwhere the penitentiary placement process takes place in a penitentiary, before the transfer of the inmate to the assigned penitentiary but after the initial reception process.
Before the transfer of an inmate pursuant to section 29 of the Act, other than a transfer at the request of the inmate, an institutional head or a staff member designated by the institutional head shallgive the inmate written notice of the proposed transfer, including the reasons for the proposed transfer and the proposed destination;after giving the inmate a reasonable opportunity to prepare representations with respect to the proposed transfer, meet with the inmate to explain the reasons for the proposed transfer and give the inmate an opportunity to make representations with respect to the proposed transfer in person or, if the inmate prefers, in writing;forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); andgive the inmate written notice of the final decision respecting the transfer, and the reasons for the decision,at least two days before the transfer if the final decision is to transfer the inmate, unless the inmate consents to a shorter period; andwithin five working days after the decision if the final decision is not to transfer the inmate.
Section 12 does not apply where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the security of the penitentiary or the safety of the inmate or any other person.Where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the reasons set out in subsection (1), the institutional head of the penitentiary to which the inmate is transferred or a staff member designated by that institutional head shallmeet with the inmate not more than two working days after the transfer to explain the reasons for the transfer and give the inmate an opportunity to make representations with respect to the transfer in person or, if the inmate prefers, in writing;forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); andgive the inmate, within five working days after the final decision, written notice of the final decision respecting the transfer and the reasons for the decision.
Where an inmate is transferred pursuant to section 29 of the Act for assessment purposes and after the assessment a recommendation is made to keep the inmate in the penitentiary in which the assessment was made, the institutional head of that penitentiary or a staff member designated by the institutional head shallgive the inmate written notice of the recommendation, including the reasons for the recommendation;after giving the inmate a reasonable opportunity to prepare representations with respect to the recommendation, meet with the inmate to explain the reasons for the recommendation and give the inmate an opportunity to make representations with respect to the recommendation in person or, if the inmate prefers, in writing;forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); andgive the inmate written notice of the final decision respecting the recommendation and the reasons for the decision, within two working days after the final decision.
Where an inmate submits a request for a transfer referred to in section 29 of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) shall consider the request and give the inmate written notice of the decision, within 60 days after the submission of the request, including the reasons for the decision if the decision is to deny the request.
Every transfer of an inmate made pursuant to section 29 of the Act shall be effected by a warrant to transfer signed by the Commissioner or by a staff member designated in accordance with paragraph 5(1)(b).
Security Classification
The Service shall take the following factors into consideration in determining the security classification to be assigned to an inmate pursuant to section 30 of the Act:the seriousness of the offence committed by the inmate;any outstanding charges against the inmate;the inmate's performance and behaviour while under sentence;the inmate’s social, criminal and, if available, young-offender history and any dangerous offender designation under the Criminal Code;any physical or mental illness or disorder suffered by the inmate;the inmate's potential for violent behaviour; andthe inmate's continued involvement in criminal activities.
  • SOR/2008-198, s. 1.
Previous Version
For the purposes of section 30 of the Act, an inmate shall be classified asmaximum security where the inmate is assessed by the Service aspresenting a high probability of escape and a high risk to the safety of the public in the event of escape, orrequiring a high degree of supervision and control within the penitentiary;medium security where the inmate is assessed by the Service aspresenting a low to moderate probability of escape and a moderate risk to the safety of the public in the event of escape, orrequiring a moderate degree of supervision and control within the penitentiary; andminimum security where the inmate is assessed by the Service aspresenting a low probability of escape and a low risk to the safety of the public in the event of escape, andrequiring a low degree of supervision and control within the penitentiary.
Administrative Segregation
Where an inmate is involuntarily confined in administrative segregation, the institutional head or a staff member designated in accordance with paragraph 6(1)(c) shall give the inmate notice in writing of the reasons for the segregation within one working day after the inmate's confinement.
Where an inmate is involuntarily confined in administrative segregation by a staff member designated in accordance with paragraph 6(1)(c), the institutional head shall review the order within one working day after the confinement and shall confirm the confinement or order that the inmate be returned to the general inmate population.
Where an inmate is involuntarily confined in administrative segregation, the institutional head shall ensure that the person or persons referred to in section 33 of the Act who have been designated by the institutional head, which person or persons shall be known as a Segregation Review Board, are informed of the involuntary confinement.A Segregation Review Board referred to in subsection (1) shall conduct a hearingwithin five working days after the inmate's confinement in administrative segregation; andat least once every 30 days thereafter that the inmate remains in administrative segregation.The institutional head shall ensure that an inmate who is the subject of a Segregation Review Board hearing pursuant to subsection (2)is given, at least three working days before the hearing, notice in writing of the hearing and the information that the Board will be considering at the hearing;is given an opportunity to be present and to make representations at the hearing; andis advised in writing of the Board's recommendation to the institutional head and the reasons for the recommendation.
Where an inmate is confined in administrative segregation, the head of the region or a staff member in the regional headquarters who is designated by the head of the region shall review the inmate's case at least once every 60 days that the inmate remains in administrative segregation to determine whether, based on the considerations set out in section 31 of the Act, the administrative segregation of the inmate continues to be justified.
Where an inmate is voluntarily confined in administrative segregation by a staff member designated in accordance with paragraph 6(1)(c), the institutional head shall review the order within one working day after the confinement and shall confirm the confinement or order that the inmate be returned to the general inmate population.
Inmate DisciplineIndependent Chairpersons
The Minister shall appointa person, other than a staff member or an offender, who has knowledge of the administrative decision-making process to be an independent chairperson for the purpose of conducting hearings of serious disciplinary offences; anda senior independent chairperson for each region from among the independent chairpersons of that region.A senior independent chairperson shalladvise and, in conjunction with the Service, train the independent chairpersons in the senior independent chairperson's region;promote the principle among the independent chairpersons in the senior independent chairperson's region that similar sanctions should be imposed for similar disciplinary offences committed in similar circumstances; andexchange information with the senior independent chairpersons of other regions.A person appointed pursuant to subsection (1) shall hold office during good behaviour for a period of not more than five years, which period may be renewed by the Minister.An independent chairperson shall be remunerated at a rate determined by the Treasury Board and given travel and living expenses in accordance with the Treasury Board Travel Directive for travel and living expenses related toconducting a hearing of a disciplinary offence;participating in an information session;participating in an orientation and training session;participating in a consultation session with staff members or inmates; andperforming related duties at the request of the Service.
Notice of Disciplinary Charges
Notice of a charge of a disciplinary offence shalldescribe the conduct that is the subject of the charge, including the time, date and place of the alleged disciplinary offence, and contain a summary of the evidence to be presented in support of the charge at the hearing; andstate the time, date and place of the hearing.A notice referred to in subsection (1) shall be issued and delivered to the inmate who is the subject of the charge, by a staff member as soon as practicable.
Number of Disciplinary Charges
Where the conduct of an inmate involves a single action, simultaneous actions or a chain of uninterrupted actions, the conduct shall not give rise to more than one disciplinary charge unless the offences that are the subject of the charges are substantially different.
Hearings of Disciplinary Offences
Subject to subsections 30(2) and (3), a hearing of a minor disciplinary offence shall be conducted by the institutional head or a staff member designated by the institutional head.A hearing of a serious disciplinary offence shall be conducted by an independent chairperson, except in extraordinary circumstances where the independent chairperson or another independent chairperson is not available within a reasonable period of time, in which case the institutional head may conduct the hearing.
A hearing of a disciplinary offence shall take place as soon as practicable but in any event not less than three working days after the inmate receives written notice of the disciplinary charge, unless the inmate consents to a shorter period.
Where an inmate who is charged with a disciplinary offence is placed in administrative segregation as a result of the conduct that gave rise to the disciplinary charge, that inmate's hearing shall be given priority over any other hearings of disciplinary offences.
Where the conduct of an inmate that involves a single action, simultaneous actions or a chain of uninterrupted actions gives rise to more than one disciplinary charge, all of the charges shall be heard together.Where, pursuant to subsection (1), charges of minor and serious disciplinary offences are to be heard together, the hearing shall be conducted by an independent chairperson.Where the independent chairperson determines that a charge of a serious offence should proceed as a charge of a minor offence, the independent chairperson shall amend the charge and shall conduct the hearing or refer the matter to the institutional head.
The person who conducts a hearing of a disciplinary offence shall give the inmate who is charged a reasonable opportunity at the hearing toquestion witnesses through the person conducting the hearing, introduce evidence, call witnesses on the inmate's behalf and examine exhibits and documents to be considered in the taking of the decision; andmake submissions during all phases of the hearing, including submissions respecting the appropriate sanction.The Service shall ensure that an inmate who is charged with a serious disciplinary offence is given a reasonable opportunity to retain and instruct legal counsel for the hearing, and that the inmate's legal counsel is permitted to participate in the proceedings to the same extent as an inmate pursuant to subsection (1).
The person who conducts a hearing of a disciplinary offence shall render a decision as soon as practicable after conducting the hearing.The institutional head shall ensure that an inmate is given a copy of the decision of the hearing of the inmate's case as soon as practicable after the decision is rendered.
The Service shall ensure that all hearings of disciplinary offences are recorded in such a manner as to make a full review of any hearing possible.A record of a hearing shall be retained for a period of at least two years after the decision is rendered.An inmate shall be given reasonable access to the record of the inmate's hearing.
Sanctions
Before imposing a sanction described in section 44 of the Act, the person conducting a hearing of a disciplinary offence shall considerthe seriousness of the offence and the degree of responsibility the inmate bears for its commission;the least restrictive measure that would be appropriate in the circumstances;all relevant aggravating and mitigating circumstances, including the inmate's behaviour in the penitentiary;the sanctions that have been imposed on other inmates for similar disciplinary offences committed in similar circumstances;the nature and duration of any other sanction described in section 44 of the Act that has been imposed on the inmate, to ensure that the combination of the sanctions is not excessive;any measures taken by the Service in connection with the offence before the disposition of the disciplinary charge; andany recommendations respecting the appropriate sanction made during the hearing.
The maximum number of days of privileges that may be lost by an inmate pursuant to paragraph 44(1)(b) of the Act isseven days, for a minor disciplinary offence; and30 days, for a serious disciplinary offence.A sanction of the loss of privilegesshall be limited to a loss of access to activities that are recreational in nature; andshall not be imposed where the loss of privileges would be contrary to the inmate's correctional plan.
The maximum amount of restitution that may be ordered to an inmate pursuant to paragraph 44(1)(c) of the Act is$50, for a minor disciplinary offence; and$500, for a serious disciplinary offence.An order to make restitution is limited to monetary restitution for the ascertained value of any loss of, or damage to, property that results from the commission of the disciplinary offence.
The maximum fine that may be ordered pursuant to paragraph 44(1)(d) of the Act is$25, for a minor disciplinary offence; and$50, for a serious disciplinary offence.
A sanction of restitution or of a fine shall not be imposed pursuant to subsection 44(1) of the Act unless the inmate's financial means have been considered, and where a sanction of restitution or of a fine would both be appropriate sanctions and the limited means of the inmate make it possible to impose only one of those sanctions, the sanction of restitution shall be imposed.A sanction of restitution or of a fine imposed pursuant to subsection 44(1) of the Act may allow time for payment and may provide for periodic partial payments.A sanction of restitution or of a fine shall be recovered by deductions from an inmate's net approved earnings.
The maximum number of hours of extra duties that may be ordered pursuant to paragraph 44(1)(e) of the Act is10 hours, for a minor disciplinary offence; and30 hours, for a serious disciplinary offence.A sanction to perform extra duties imposed pursuant to paragraph 44(1)(e) of the Act shall specify the type of duties and, subject to subsection (3), the period within which the duties are to be performed.An inmate shall not be paid for the performance of extra duties imposed as a sanction and shall perform those duties during the inmate's free time.
Subject to subsection (2), where an inmate is ordered to serve a period of segregation pursuant to paragraph 44(1)(f) of the Act while subject to a sanction of segregation for another serious disciplinary offence, the order shall specify whether the two periods of segregation are to be served concurrently or consecutively.Where the sanctions of segregation referred to in subsection (1) are to be served consecutively, the total period of segregation imposed by those sanctions shall not exceed 45 days.An inmate who is serving a period of segregation as a sanction for a disciplinary offence shall be accorded the same conditions of confinement as would be accorded to an inmate in administrative segregation.
Where an inmate is found guilty of a disciplinary offence, the carrying out of the sanction may be suspendedin the case of a minor disciplinary offence, by the institutional head or a staff member designated by the institutional head, subject to the condition that the inmate is not found guilty of another disciplinary offence committed during a specific period fixed by the institutional head or staff member, which period shall not be longer than 21 days after the date of imposition of the sanction; andin the case of a serious disciplinary offence, by the independent chairperson, subject to the condition that the inmate is not found guilty of another serious disciplinary offence committed during a period fixed by the independent chairperson, which period shall not be longer than 90 days after the date of imposition of the sanction.Where an inmate no longer meets a condition referred to in subsection (1), the inmate shall carry out the sanction that was suspended.The institutional head may, on humanitarian grounds or for rehabilitative purposes, cancel a sanction imposed pursuant to section 44 of the Act.
Contraband
For the purposes of this section, "minimum-security penitentiary", "medium-security penitentiary", "maximum-security penitentiary" and "multiple-security-level penitentiary" mean penitentiaries, other than community correctional centres, designated as such in Commissioner's Directives.For the purposes of paragraph (d) of the definition "contraband" in section 2 of the Act, the following are the prescribed limits on currency:in the case of a visitorin a minimum-security penitentiary, the limit is $50, andin a medium-security penitentiary, maximum-security penitentiary or multiple-security-level penitentiary, the limit is $25; andin the case of an inmate, the limit is $0.00, except as authorized pursuant to paragraph (d) of the definition "contraband" in section 2 of the Act.
Search and SeizureManner of Carrying out Searches
A non-intrusive search shall be carried out by means of a hand-held scanner, a walk-through scanner whereby the person being searched is required to walk through a metal detector scanner, or any similar non-intrusive device.
A frisk search shall be carried out from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.
A strip search shall consist of a visual inspection of the person by a staff member, in the course of which inspection the person being searched shall undress completely in front of the staff member and may be required to open the person's mouth, display the soles of their feet, run their fingers through their hair, present open hands and arms, bend over or otherwise enable the staff member to perform the visual inspection.
A strip search and a body cavity search shall be carried out in a private area that is out of sight of every other person except for one staff member of the same sex as the person being searched, which staff member is required to be present as a witness unless, in the case of a strip search, the search is an emergency as described in subsection 49(4) of the Act.
Searches of Inmates
A staff member of either sex may conduct a routine non-intrusive search or a routine frisk search of an inmate wherethe inmate is entering, leaving or returning to a penitentiary;the inmate is entering or leaving the open or family- visiting area of a penitentiary;the inmate is leaving a work or activity area in a penitentiary;the inmate is entering or leaving a segregation area;the inmate is on a temporary absence outside the penitentiary;the inmate has been requested to submit to urinalysis and the search is conducted immediately before the commencement of the collection process described in section 66; orthe institutional head determines that there is an opportunity for the introduction of contraband into the penitentiary and the institutional head specifically authorizes such searches in writing.
A staff member of the same sex as an inmate may conduct a routine strip search of the inmate wherethe inmate is entering or returning to a penitentiary;the inmate is leaving the open visiting area of a penitentiary;the inmate is entering or leaving the family-visiting area of a penitentiary; orthe inmate is leaving a work area in a penitentiary, if the inmate has had access to an item that may constitute contraband and that may be secreted on the inmate's body.
A person referred to in subsection 47(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 47(1) of the Act.A person referred to in subsection 49(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 49(1) of the Act.Training in conducting a search referred to in subsection (1) or (2) shall consist of the training related to search procedures that is contained in the staff orientation and training program provided by the Service.
The power of the institutional head to authorize strip searches of inmates pursuant to paragraph 49(3)(b) of the Act may be exercised by a staff member who is in a more senior position than the staff member referred to in subsection 49(3) of the Act.
Searches of Cells
A staff member may, without individualized suspicion, conduct searches of cells and their contents on a periodic basis where the searches are designed to detect, through the systematic examination of areas of the penitentiary that are accessible to inmates, contraband and other items that may jeopardize the security of the penitentiary or the safety of persons and are conducted in accordance with a search planthat sets outwhen the searches are to take place,the locations of the searches, andthe means that may be used to conduct the searches; andthat is approved by the institutional head as being in accordance with the purposes of this subsection.Where a staff member searches an inmate's cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.
Subject to subsection (3), where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate's cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.Subject to subsection (3), where a staff member searches an inmate's cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member in accordance with subsections (1) and (2), respectively, where the staff member believes on reasonable grounds that delaying a search in order to comply with those subsections would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.
Emergency Searches of Cells
Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the institutional head may authorize a search of cells and their contents by a staff member.
Searches of Visitors
A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, where the visitor is entering or leaving the penitentiary.If a visitor refuses to undergo a search referred to in subsection (1), the institutional head or a staff member designated by the institutional head mayprohibit a contact visit with an inmate and authorize a non-contact visit; orrequire the visitor to leave the penitentiary forthwith.
Searches of Vehicles
A staff member may, by stopping a vehicle and inspecting the vehicle and its contents, conduct a routine search of a vehicle, without individualized suspicion, wherethe vehicle is entering or leaving penitentiary property;the vehicle is entering or leaving a secure area on penitentiary property;the vehicle is in an area on penitentiary property to which access is restricted or prohibited; orthe vehicle is on penitentiary property at a time when visitors are not normally permitted to be at the penitentiary.Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in a vehicle on penitentiary property, the institutional head may authorize a search of the vehicle and its contents by a staff member.
Searches of Staff Members
A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, where that other staff member is entering or leaving the penitentiary.
Seizure
Where a staff member or other authorized person seizes an item during a search conducted pursuant to any of sections 47 to 64 of the Act, the staff member or authorized person shall, as soon as practicable,issue a receipt to the person from whom the item is seized; andsubmit the item to the institutional head or a staff member designated by the institutional head or, in the case of a seizure pursuant to subsection 66(2) of the Act, to the person in charge of the community-based residential facility.
Reports Relating to Searches and Seizures
A person who conducts a search pursuant to any of sections 47 to 64 of the Act shall prepare and submit to the institutional head or a staff member designated by the institutional head, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search wherethe search is a non-routine strip search conducted pursuant to any of subsections 49(3) and (4) and 60(2) and (3) and paragraph 64(1)(b) of the Act;the search is a search conducted pursuant to section 51 or 52 of the Act;the search is a routine strip search in which force was used;the search is an emergency search of an inmate, a vehicle or a cell; orthe staff member or other authorized person seizes an item in the course of the search.Every employee of a community-based residential facility who conducts a search pursuant to section 66 of the Act shall prepare and submit to the person in charge of the facility, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.Every institutional head who authorizes a search of all inmates pursuant to section 53 of the Act shall prepare and submit to the head of the region, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.A post-search report shall be in writing and shall containthe date, time and place of the search;a description of every item seized;the name of the person searched, the number of the room or cell that was searched or the licence number of the vehicle searched, as applicable;the name of every person conducting the search and, where applicable, the name of every person present during the search;the reasons for the search;the manner in which the search was conducted; andin the case of a post-search report referred to in subsection (3), the facts that led the institutional head to believe that the presence of contraband constituted a clear and substantial danger to human life or safety or to the security of the penitentiary, and an indication of whether the danger was averted.Every person to whom a search relates, or from whom any item is seized in the course of a search referred to in subsection (1) or (2), shall have access, on request, to the post-search report respecting the search or seizure.Every post-search report shall be retained for a period of at least two years after the date of the search to which it relates.
Return or Forfeiture of Items Seized
Where an item is seized during a search conducted pursuant to any of sections 47 to 64 of the Act, the Service shall, as soon as practicable, notify the owner in writing, if the owner is known, of the seizure.The Service may hold or transfer to the custody of the police or a court any item referred to in subsection (1) that is required as evidence in a disciplinary or criminal proceeding, until the disposition of the proceeding.An item referred to in subsection (1) shall be returned to its owner wherethe item is not or is no longer required as evidence in a disciplinary or criminal proceeding;the item has not been forfeited pursuant to subsection (5);the item is within the control of the Service;the owner requests that the item be returned to the owner within 30 days after being notified of the seizure;possession of the item would be lawful; andin the case of an owner who is an inmate, possession of the item by the inmate would not constitute possession of contraband or an unauthorized item.Subject to paragraph (5)(e), the institutional head or a staff member designated by the institutional head may order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping outside the penitentiary of an item referred to in subsection (1) that would constitute contraband or an unauthorized item, where its possession outside the penitentiary would be lawful.An item referred to in subsection (1) shall be forfeited to Her Majesty in right of Canada wherethe Service does not know who the owner is and 30 days have passed since the seizure;the owner does not apply for the return of the item within 30 days after being notified of the seizure;possession of the item would be unlawful;in the case of an owner who is an inmate, possession of the item by the inmate would constitute possession of contraband or an unauthorized item and the inmate has not arranged for the disposal or safe-keeping of the item outside the penitentiary after being given a reasonable opportunity to do so in accordance with subsection (4); orthe item is contraband or an unauthorized item and an inmate is found guilty of a disciplinary offence in relation to it.The institutional head or staff member designated by the institutional head may, in respect of an owner other than an inmate, cancel a forfeiture referred to in paragraph (5)(e) wherethe owner applies in writing to the institutional head or staff member within 30 days after the forfeiture of the item;the institutional head or staff member determines that the owner was not involved in the events that resulted in the forfeiture; andpossession of the item by the owner would be lawful.Subject to subsection (8), the institutional head or staff member designated by the institutional head may, in respect of an owner who is an inmate, cancel a forfeiture referred to in paragraph (5)(e) wherethe inmate submits to the institutional head or staff member within 30 days after the forfeiture, an application in accordance with the Commissioner's Directives respecting the forfeiture of items that are seized;the institutional head or staff member determines that the forfeiture would cause undue hardship to the inmate; andpossession of the item by the inmate would be lawful.Where the institutional head or staff member designated by the institutional head cancels a forfeiture pursuant to subsection (7), the institutional head or staff member mayauthorize the inmate to possess the item in the penitentiary; ororder that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping of the item outside the penitentiary.
Urinalysis TestingInterpretation
For the purposes of this section and sections 61 to 72,approved procedure means a procedure set out in Commissioner's Directives as a procedure to be used for the analysis of a sample; (méthode approuvée)collector means a staff member or any other person authorized in Commissioner's Directives to collect samples on behalf of the Service; (échantillonneur)confirmation test means a test of a sample by a laboratory, using an approved procedure, to verify the positive result of an initial screening test; (analyse de confirmation)container means a sterile container that is to be used to receive a sample; (contenant)initial screening test means the first test of a sample, using an approved procedure, conducted by a laboratory; (analyse initiale)laboratory means a laboratory authorized by Commissioner's Directives to analyse samples; (laboratoire)positive, in respect of a sample, means a urinalysis test result that indicates that the level of an intoxicant in the sample is equal to or greater than the level specified in Commissioner's Directives; (positif)random selection means a selection procedure set out in Commissioner's Directives that ensures that every inmate has an equal probability of being selected, on a periodic basis, to provide a sample and that has reasonable controls and safeguards designed to prevent the selection process from being influenced; (contrôle au hasard)record of substance abuse means an inmate's record of conviction of the disciplinary offence referred to in paragraph 40(k) of the Act; (dossier de consommation de substances intoxicantes)sample means a quantity of unadulterated urine sufficient to permit analysis, using an approved procedure, by a laboratory; (échantillon d'urine)urinalysis program co-ordinator means a senior staff member who has been designated by name or position in Commissioner's Directives to co-ordinate the application of the Service's urinalysis program at the location where the program is to be carried out. (coordonnateur du programme de prises d'échantillons d'urine)
Authorization
The power of the institutional head, pursuant to section 54 of the Act, to grant prior authorization for urinalysis may be exercised by the urinalysis program co-ordinator.The function of the institutional head under subsection 57(1) of the Act to hear an inmate's representations before submitting a sample, may be carried out by the urinalysis program co-ordinator.
Requirement to Provide a Sample
Where an inmate is required by a staff member to submit to urinalysis pursuant to paragraph 54(a) of the Act and makes representations to the institutional head objecting to the requirement pursuant to subsection 57(1) of the Act, the institutional head or urinalysis program co-ordinator shallreview the demand for a sample and the inmate's objections to determine whether there are reasonable grounds on which to require the sample; andwhere the institutional head or urinalysis program co-ordinator determines that there are reasonable grounds, direct the inmate to provide the sample.
For the purposes of paragraph 54(b) of the Act, the Service may establish a random selection urinalysis program for the purpose of ensuring the security of the penitentiary and the safety of persons by deterring the use of and trafficking in intoxicants in the penitentiary.A random selection urinalysis program shall provide for samples to be provided by inmates whose names have been chosen by random selection from among the names of the entire inmate population of the penitentiary.
For the purposes of paragraph 54(c) of the Act,any program or activity that requires that an inmate have access to the community or contact with a person from the community, where such access or contact could reasonably be expected to provide the inmate with an opportunity to have access to an intoxicant, is a prescribed program or activity; andany treatment program that is designed to assist in the rehabilitation of an inmate who has a problem of substance abuse is a prescribed substance abuse treatment program.Urinalysis is a requirement for participation in a program or activity referred to in paragraph (1)(a) where an inmate requests authorization to participate in the program or activity andhas a record of substance abuse; orhas been convicted of a disciplinary offence under paragraph 40(l) of the Act within two years of the request.Urinalysis is a requirement for participation in a substance abuse treatment program referred to in paragraph (1)(b) where an inmate requests authorization to participate in the program and urinalysis is an integral part of the program.
For the purposes of section 55 of the Act, where an offender is required by a staff member to submit to urinalysis at regular intervals, the regular intervals shall be determined by assessing, in accordance with subsection (2), the risk of the offender not complying with a condition referred to in that section.In making an assessment pursuant to subsection (1), the following factors shall be taken into consideration:the offender's record of substance abuse;offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty;the ability of the offender to rehabilitate and reintegrate into the community, taking into account the offender's behavioural and emotional stability; andthe program and treatment needs of the offender.For the purposes of section 55 of the Act, where an offender is required to submit to urinalysis at regular intervals, the offender shall be informed of the length of the intervals.Where, pursuant to subsection 57(2) of the Act, an offender makes representations respecting the length of the intervals, the urinalysis program co-ordinator shall review the representations and confirm or vary the length of the intervals.
Collection of Samples
A sample shall be collected in the following manner:a collector shall be of the same sex as the donor;the collector shall ensure that the donor washes the donor's hands before providing a sample;the collector shall provide the donor with a container for the sample and shall supervise as the donor provides the sample;the collector shall give the donor up to two hours to provide a sample, from the time of a demand;the collector shall ensure that the donor is kept separate from any other person except the collector and is supervised during the two hour period referred to in paragraph (d);once the sample has been provided, the collector shall, in the presence of the donor,seal the container with a pre-numbered seal,affix a label identifying the sample in such a manner that the identity of the donor is not disclosed to the laboratory,initial the label to certify that the container contains the sample provided by that donor,request the donor to initial the label and to certify in writing that the sample in the container was provided by that person, andwhere the person is unable or refuses to comply with a request referred to in subparagraph (iv), initial the label in the place of the donor and certify in writing, in the presence of another person, that the person who provided the sample was unable or refused to comply with the request; andthe collector shall maintain a record that indicates the number on the container that corresponds to the name of the donor.Where a person fails to provide a sample in accordance with subsection (1), the person shall be considered to have refused to provide the sample.
Testing of a Sample
The testing of a sample shall be conducted in the following manner:the urinalysis program co-ordinator shall, before sending the sample to a laboratory, enquire whether any over-the-counter or prescription medication was being taken by the donor at the time the sample was provided, and shall inform the laboratory of any such medication;the sample shall be tested by the laboratory, using an approved procedure; andif the result of the initial screening test is positive, a confirmation test shall be conducted on the sample.
Reporting of Test Results
A laboratory shall submit to the urinalysis program co-ordinator a certificate and, where requested by the institutional head, an electronically transmitted copy of the certificate, that states the results of the test.The urinalysis program co-ordinator shall give the donor a copy of the laboratory certificate respecting the sample.
Consequences of Positive Test Results
For the purposes of a hearing of a disciplinary offence referred to in paragraph 40(k) of the Act, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the inmate who provided the sample has committed the offence.
For the purposes of a hearing or review respecting the contravention of a condition of release, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the offender who provided the sample has failed to comply with a condition referred to in section 55 of the Act.
Where an inmate is found guilty of a disciplinary offence referred to in paragraph 40(k) of the Act, the inmate may, in addition to any sanction imposed pursuant to subsection 44(1) of the Act, be required to provide a sample each month until three consecutive negative monthly samples have been provided.
Where an offender who is released by the National Parole Board is unable or refuses to provide a sample or provides, pursuant to section 55 of the Act, a sample that is positive the Service shall inform the National Parole Board, in writing, and shallensure that the offender is provided with counselling or other appropriate post-release intervention; orproceed in accordance with section 135 of the Act.
Use of Force
Where a person suffers an injury or death in a penitentiary as a result of the use of force, any staff member who has knowledge of the incident shall immediately call health care staff to the scene and notify the institutional head or a staff member designated by the institutional head.Where the institutional head or staff member designated by the institutional head is notified pursuant to subsection (1) of a serious injury or a death, the institutional head or staff member shall, as soon as practicable,notify the head of the region and the appropriate police department; andsubmit a report to the regional head that details all of the circumstances that led to the injury or death.
Offender Grievance Procedure
Where an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint, preferably in the form provided by the Service, to the supervisor of that staff member.Where a complaint is submitted pursuant to subsection (1), every effort shall be made by staff members and the offender to resolve the matter informally through discussion.Subject to subsections (4) and (5), a supervisor shall review a complaint and give the offender a copy of the supervisor's decision as soon as practicable after the offender submits the complaint.A supervisor may refuse to review a complaint submitted pursuant to subsection (1) where, in the opinion of the supervisor, the complaint is frivolous or vexatious or is not made in good faith.Where a supervisor refuses to review a complaint pursuant to subsection (4), the supervisor shall give the offender a copy of the supervisor's decision, including the reasons for the decision, as soon as practicable after the offender submits the complaint.
Where a supervisor refuses to review a complaint pursuant to subsection 74(4) or where an offender is not satisfied with the decision of a supervisor referred to in subsection 74(3), the offender may submit a written grievance, preferably in the form provided by the Service,to the institutional head or to the director of the parole district, as the case may be; orwhere the institutional head or director is the subject of the grievance, to the head of the region.
The institutional head, director of the parole district or head of the region, as the case may be, shall review a grievance to determine whether the subject-matter of the grievance falls within the jurisdiction of the Service.Where the subject-matter of a grievance does not fall within the jurisdiction of the Service, the person who is reviewing the grievance pursuant to subsection (1) shall advise the offender in writing and inform the offender of any other means of redress available.
In the case of an inmate's grievance, where there is an inmate grievance committee in the penitentiary, the institutional head may refer the grievance to that committee.An inmate grievance committee shall submit its recommendations respecting an inmate's grievance to the institutional head as soon as practicable after the grievance is referred to the committee.The institutional head shall give the inmate a copy of the institutional head's decision as soon as practicable after receiving the recommendations of the inmate grievance committee.
The person who is reviewing a grievance pursuant to section 75 shall give the offender a copy of the person's decision as soon as practicable after the offender submits the grievance.
Where the institutional head makes a decision respecting an inmate's grievance, the inmate may request that the institutional head refer the inmate's grievance to an outside review board, and the institutional head shall refer the grievance to an outside review board.The outside review board shall submit its recommendations to the institutional head as soon as practicable after the grievance is referred to the board.The institutional head shall give the inmate a copy of the institutional head's decision as soon as practicable after receiving the recommendations of the outside review board.
Where an offender is not satisfied with a decision of the institutional head or director of the parole district respecting the offender's grievance, the offender may appeal the decision to the head of the region.Where an offender is not satisfied with the decision of the head of the region respecting the offender's grievance, the offender may appeal the decision to the Commissioner.The head of the region or the Commissioner, as the case may be, shall give the offender a copy of the head of the region's or Commissioner's decision, including the reasons for the decision, as soon as practicable after the offender submits an appeal.
Where an offender decides to pursue a legal remedy for the offender's complaint or grievance in addition to the complaint and grievance procedure referred to in these Regulations, the review of the complaint or grievance pursuant to these Regulations shall be deferred until a decision on the alternate remedy is rendered or the offender decides to abandon the alternate remedy.Where the review of a complaint or grievance is deferred pursuant to subsection (1), the person who is reviewing the complaint or grievance shall give the offender written notice of the decision to defer the review.
In reviewing an offender's complaint or grievance, the person reviewing the complaint or grievance shall take into considerationany efforts made by staff members and the offender to resolve the complaint or grievance, and any recommendations resulting therefrom;any recommendations made by an inmate grievance committee or outside review board; andany decision made respecting an alternate remedy referred to in subsection 81(1).
Living ConditionsPhysical Conditions
The Service shall, to ensure a safe and healthful penitentiary environment, ensure that all applicable federal health, safety, sanitation and fire laws are complied with in each penitentiary and that every penitentiary is inspected regularly by the persons responsible for enforcing those laws.The Service shall take all reasonable steps to ensure the safety of every inmate and that every inmate isadequately clothed and fed;provided with adequate bedding;provided with toilet articles and all other articles necessary for personal health and cleanliness; andgiven the opportunity to exercise for at least one hour every day outdoors, weather permitting, or indoors where the weather does not permit exercising outdoors.
Inmates' Effects
The institutional head shall take all reasonable steps to ensure that the effects of an inmate that are permitted to be taken into and kept in the penitentiary are protected from loss or damage.
Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate's personal effectsin the case of effects other than legal or official documents, two years after the date of the escape; andin the case of legal or official documents, seven years after the date of the escape.The institutional head shall not dispose of an inmate's effects under subsection (1) unless the institutional head has taken all reasonable steps to determinethat the inmate is not in custody in Canada;that, where the inmate is in custody in a foreign state, no extradition application is contemplated and the inmate has not applied to the foreign state for a transfer to Canada pursuant to an agreement between that state and Canada; andthat the inmate does not have a next of kin to whom the effects can be sent.Where the institutional head disposes of an inmate's personal effects, other than legal or official documents, under subsection (1), the institutional head maygive the effects to a charitable organization located in the vicinity of the penitentiary;destroy the effects, if the effects are unusable; orremit the effects to Her Majesty in right of Canada.Where the institutional head, under subsection (1), disposes of an inmate's personal effects that are legal or official documents, the institutional head shall dispose of the effects in accordance with the instructions of the Public Trustee or other appropriate official of the province in which the penitentiary is located.
Interviews
The Commissioner shall, while visiting a penitentiary, provide a reasonable opportunity for an interview with any inmate who has a concern respecting any matter referred to in section 70 of the Act and who requests an interview with the Commissioner.
The institutional head shall provide any inmate who requests an interview with the institutional head with a reasonable opportunity for an interview.
Correspondence
The Service shall ensure that a person is available to any inmate who is unable to read or write to assist the inmate in preparing and reading the inmate's correspondencein the official language of the inmate's choice; orwhere practicable, in another language of the inmate's choice.
Subject to subsection 94(1), a staff member may inspect an envelope or a package sent or received by an inmate to the extent necessary to determine whether the envelope or package contains contraband, but the staff member may not read the contents of the envelope or package.Sections 57 to 59 apply in respect of contraband that is in the possession of the Service as a result of an inspection referred to in subsection (1).
Visits
Every inmate shall have a reasonable opportunity to meet with a visitor without a physical barrier to personal contact unlessthe institutional head or a staff member designated by the institutional head believes on reasonable grounds that the barrier is necessary for the security of the penitentiary or the safety of any person; andno less restrictive measure is available.The institutional head or a staff member designated by the institutional head may, for the purpose of protecting the security of the penitentiary or the safety of any person, authorize the visual supervision of a visiting area by a staff member or a mechanical device, and the supervision shall be carried out in the least obtrusive manner necessary in the circumstances.The Service shall ensure that every inmate can meet with the inmate's legal counsel in private interview facilities.
Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize the refusal or suspension of a visit to an inmate where the institutional head or staff member believes on reasonable groundsthat, during the course of the visit, the inmate or visitor wouldjeopardize the security of the penitentiary or the safety of any person, orplan or commit a criminal offence; andthat restrictions on the manner in which the visit takes place would not be adequate to control the risk.Where a refusal or suspension is authorized under subsection (1),the refusal or suspension may continue for as long as the risk referred to in that subsection continues; andthe institutional head or staff member shall promptly inform the inmate and the visitor of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto.
Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize a complete suspension of the visiting rights of all inmates in a penitentiary where the security of the penitentiary is significantly jeopardized and no less restrictive measure is available.Every complete suspension of visiting rights under subsection (1), shall be reviewed bythe head of the region on or before the fifth day of the suspension; andby the Commissioner on or before the fourteenth day of the suspension.
Visits by Parliamentarians and Judges
No institutional head shall authorize the refusal or suspension of a visit, pursuant to section 72 of the Act, of a member of the House of Commons, a Senator or a judge, unless the institutional head believes on reasonable groundsthat the visit would jeopardize the security of the penitentiary or the safety of any person; andthat restrictions on the manner in which the visit takes place would not be adequate to control the risk.Where the institutional head authorizes a refusal or suspension under subsection (1), the institutional head shall promptly inform the member of the House of Commons, the Senator or the judge and, where applicable, the inmate being visited of the reasons for the refusal or suspension and shall give the member of the House of Commons, the Senator or the judge and, where applicable, the inmate an opportunity to make representations with respect thereto.
Intercepting Communications
Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable groundsthat the communications contain or will contain evidence ofan act that would jeopardize the security of the penitentiary or the safety of any person, ora criminal offence or a plan to commit a criminal offence; andthat interception of the communications is the least restrictive measure available in the circumstances.No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule, by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable groundsthat the grounds referred to in subsection (1) exist; andthat the communications are not or will not be the subject of a privilege.Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.
The institutional head or a staff member designated by the institutional head may prevent an inmate from communicating with a person by mail or telephone ifthe institutional head or staff member believes on reasonable grounds that the safety of any person would be jeopardized; orthe intended recipient of the communication, or the parent or guardian of the intended recipient where the intended recipient is a minor, submits a request in writing to the institutional head or staff member that the intended recipient not receive any communication from the inmate.Where an inmate is prevented under subsection (1) from communicating with a person, the institutional head or staff member designated by the institutional head, as the case may be, shall promptly inform the inmate, in writing, of the reasons and shall give the inmate an opportunity to make representations with respect thereto.
Publications, Video and Audio Materials, Films and Computer Programs
The institutional head or a staff member designated by the institutional head may prohibit the entry into the penitentiary or the circulation within the penitentiary of any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds would jeopardize the security of the penitentiary or the safety of any person.The institutional head or a staff member designated by the institutional head may prohibit the use by an inmate, including the display of, any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable groundswould likely be viewed by other persons; andwould undermine a person's sense of personal dignity by demeaning the person or causing personal humiliation or embarrassment to a person, on the basis of race, national or ethnic origin, colour, religion or sex.
Access to Legal Counsel and Legal and Non-Legal Materials
The Service shall ensure that each inmate is given, on arrest, an opportunity to retain and instruct legal counsel without delay and that every inmate is informed of their right thereto.The Service shall ensure that every inmate is given a reasonable opportunity to retain and instruct legal counsel without delay and that every inmate is informed of the inmate's right to legal counsel where the inmateis placed in administrative segregation; oris the subject of a proposed involuntary transfer pursuant to section 12 or has been the subject of an emergency transfer pursuant to section 13.The Service shall ensure that every inmate has reasonable access tolegal counsel and legal reading materials;non-legal materials, includingCommissioner's Directives, andregional instructions and institutional standing orders, except those relating to security matters; anda commissioner for taking oaths and affidavits.
Inmate Assembly and Association
The institutional head or a staff member designated by the institutional head mayfor the purpose of protecting the security of the penitentiary or the safety of any person, direct a staff member or other person to observe any assembly of inmates; orwhere the institutional head or staff member believes on reasonable grounds that any assembly of inmates or the activities of any inmate organization or committee would jeopardize the security of the penitentiary or the safety of any person, prohibit the assembly or activities.Where the institutional head or staff member designated by the institutional head prohibits an assembly or activities under paragraph (1)(b), the institutional head or staff member shall give the inmates' representativewritten notice of the prohibition, including the reasons for the prohibition; andan opportunity to make representations with respect thereto.
The institutional head or a staff member designated by the institutional head may prohibit an inmate from participating in an assembly of inmates or in the activities of an inmate organization or committee if the institutional head or staff member believes on reasonable grounds that the inmate's participation would jeopardize the security of the penitentiary or the safety of any person.Where the institutional head or staff member designated by the institutional head prohibits an inmate from participating in an assembly or activities under subsection (1), the institutional head or staff member shall give the inmatewritten notice of the prohibition, including the reasons for the prohibition; andan opportunity to make representations with respect thereto.
Religion and Spirituality
Every inmate shall be entitled to express the inmate's religion or spirituality in accordance with section 75 of the Act to the extent that the expression of the inmate's religion or spirituality does notjeopardize the security of the penitentiary or the safety of any person; orinvolve contraband.Sections 98 and 99 apply in respect of any assembly of inmates held for the purpose of expressing a religion or spirituality.
The Service shall ensure that, where practicable, the necessities that are not contraband and that are reasonably required by an inmate for the inmate's religion or spirituality are made available to the inmate, includinginterfaith chaplaincy services;facilities for the expression of the religion or spirituality;a special diet as required by the inmate's religious or spiritual tenets; andthe necessities related to special religious or spiritual rites of the inmate.
Programs for InmatesCorrectional Plans
The institutional head shall ensure that a correctional plan for an inmate is developed as soon as practicable after the reception of the inmate in the penitentiary, and is maintained, with the inmate to ensure that the inmate receives the most effective programs at the appropriate time in the inmate's sentence to prepare the inmate for reintegration into the community, on release, as a law-abiding citizen.When considering program selection for, or the transfer or conditional release of, an inmate, the Service shall take into account the inmate's progress towards meeting the objectives set out in the inmate's correctional plan.
Exemption from Work
No person shall require an inmate to perform work that a qualified medical practitioner has certified the inmate is not physically fit to perform.
Inmate Pay
Subject to subsection (3), where an inmate, without reasonable excuse, refuses to participate in a program for which the inmate is paid pursuant to section 78 of the Act or leaves that program, the institutional head or a staff member designated by the institutional head maysuspend the inmate's participation in the program for a specified period of not more than six weeks; orterminate the inmate's participation in the program.Where the institutional head or staff member suspends participation in a program under subsection (1), the inmate shall not be paid during the period of the suspension.Where the institutional head or a staff member designated by the institutional head suspends or terminates participation in a program under subsection (1), the institutional head or staff member may reduce or cancel the period of the suspension or cancel the termination wheretaking into account all of the circumstances of the case, it is reasonable to do so; andthe inmate indicates a willingness to resume the program.[Repealed, SOR/96-108, s. 1]
  • SOR/96-108, s. 1.
Deductions and Reimbursement for Accommodation, Food and Work-Related Clothing
The following sources of income are prescribed for the purposes of subsection 78(2) of the Act:employment in the community while on work release or conditional release;employment in a penitentiary provided by a third party;a business operated by the offender;hobby craft or custom work; anda pension from a private or government source.Deductions may be made pursuant to paragraph 78(2)(a) of the Act for the purpose of reimbursing Her Majesty in right of Canada for the costs of food and accommodation and the costs of work-related clothing provided to the offender by the Service.The Service shall make the deduction referred to in paragraph 78(2)(a) of the Act before depositing the offender's earnings into the Inmate Trust Fund.The Commissioner is authorized to fix, by Commissioner's Directive, the amount or maximum amount of any deduction made pursuant to paragraph 78(2)(a) of the Act and the amount to be reimbursed, by percentage or otherwise, pursuant to paragraph 78(2)(b) of the Act.Subject to subsections (7) and 111(3), where an offender fails to pay an amount to Her Majesty in right of Canada pursuant to paragraph 78(2)(b) of the Act, the Service shall withdraw such moneys either at one time or at regular intervals from the offender's Inmate Trust Fund account until the amount owing is paid.Any amount owing to Her Majesty in right of Canada by an offender pursuant to paragraph 78(2)(b) of the Act is a debt to the Crown that may be collected by the Service in accordance with this section or the Financial Administration Act.Where the institutional head determines, on the basis of information that is supplied by an offender, that a deduction or payment of an amount that is referred to in this section will unduly interfere with the ability of the offender to meet the objectives of the offender's correctional plan or to meet basic needs or family or parental responsibilities, the institutional head shall reduce or waive the deduction or payment to allow the offender to meet those objectives, needs or responsibilities.
  • SOR/96-108, s. 2.
CORCAN
CORCAN shall ensure that an inmate who participates in CORCAN activitiesis fully, regularly and suitably employed in a work environment that strives to achieve private sector standards of productivity and quality so that the inmate will be better able to obtain and hold employment when the inmate returns to the community; andis provided with programs and services that facilitate the inmate's re-entry into the community.
Goods and services that are produced or made available by CORCAN may be transferred, leased, loaned or provided toany department, branch or agency of the Government of Canada or the government of a province or to any municipality;any charitable, non-profit, religious or spiritual organization; orany purchaser in the ordinary course of trade under competitive conditions.
CORCAN may enter into an agreement with a private sector enterprisefor the production of goods or the provision of services; orfor the training and employment of offenders by that enterprise.Where an agreement referred to in subsection (1) permits the enterprise to operate a business in a penitentiary, the Service mayrecover from the enterprise any costs incurred by the Service as a result of the use of the penitentiary by the enterprise, including utilities; andlimit, by means of a specific agreement, the liability of Her Majesty in right of Canada with respect to the enterprise's operations in the penitentiary.
The Minister shall appoint a committee, to be known as the Advisory Board of CORCAN, consisting of not more than 12 persons chosen from the fields of business, non-profit organizations, labour and government and from the general public, to support the operation of CORCAN byadvising CORCAN on its operating plans, budgets and marketing and sales plans and on its performance;commenting on major initiatives of CORCAN in developing new products and markets;assisting the Service in building a positive public image of CORCAN; andrepresenting CORCAN to labour and business organizations.Members of the Advisory Board of CORCAN may be remunerated at a rate determined by the Treasury Board and given travel and living expenses incurred by them while absent from their ordinary place of residence in connection with the work of the Board in accordance with the Treasury Board Travel Directive.
Disposal of Vocational Training Program and Hobby Products
Goods that are produced, repaired or maintained or services that are provided by an inmate employed in a penitentiary vocational training program may besold or donated to a charitable, non-profit, religious or spiritual organization; orwhere no such organization expresses an interest in the goods or services, sold to staff members.
An inmate may sell a product of a hobby of the inmate to any person.
Inmate Trust Fund
The Service shall ensure that all moneys that accompany an inmate when the inmate is admitted into a penitentiary and all moneys that are received on the inmate's behalf while the inmate is in custody are deposited to the inmate's credit in a trust fund, which fund shall be known as the Inmate Trust Fund.The Inmate Trust Fund shall comprise a current account and a savings account in respect of each inmate.No moneys standing to the credit of an inmate's savings account in the Inmate Trust Fund shall be paid out of that account if the balance of the account is lower than the amount provided for in Commissioner's Directives.No moneys in the Inmate Trust Fund standing to the credit of an inmate shall, except where a family relationship exists, be transferred to the credit of another inmate.
Inmate Businesses
No inmate shall operate a business in a penitentiary unless the inmate obtains the approval of the Commissioner or a staff member designated by the Commissioner, in accordance with subsection (2).The Commissioner or a staff member designated by the Commissioner may grant approval to an inmate to conduct a business, in accordance with the procedures set out in Commissioner's Directives, wherethe security and operational constraints of the penitentiary permit the conduct of the business; andthe business is consistent with the inmate's correctional plan.Where the conditions set out in subsection (2) are no longer met, the Commissioner or a staff member designated by the Commissioner may withdraw the approval granted under that subsection.Where the Commissioner or a staff member designated by the Commissioner withdraws an approval granted under subsection (2), the Commissioner or staff member shall give the inmatewritten notice of the withdrawal of approval, including the reasons for the withdrawal; anda reasonable opportunity to wind up the business.
Where, on reception of an inmate in a penitentiary, the inmate wishes to have a business that the inmate is operating outside the penitentiary operated on the inmate's behalf or to wind up the business, the Service shall ensure that the inmate is given a reasonable opportunity to make arrangements to have the business operated on the inmate's behalf or wind up the business.Where an inmate wishes to wind up a business that the inmate is operating in the penitentiary, the Service shall ensure that the inmate is given a reasonable opportunity to wind up the business.
Aboriginal Offenders
Where an offender submits a request for a transfer to the care and custody of an aboriginal community pursuant to subsection 81(3) of the Act, the Commissioner or a staff member designated by the Commissioner shall, within 60 days after the request is made, consider the request, consult with the aboriginal community and give the offender notice in writing of the decision, including the reasons for the decision if the request is denied.
Treatment Demonstration Programs
For the purposes of subsection 88(4) of the Act, equal numbers from the community of lay persons and registered health care professionals with expertise related to the treatment demonstration program shall constitute a treatment demonstration program committee.
Death of an Inmate
Where an inmate dies, the institutional head or a staff member designated by the institutional head shall promptly notifysubject to subsection (2), the person who the inmate indicated to the Service in writing was to be notified;the coroner or medical examiner who has jurisdiction over the area in which the penitentiary is located; andthe Commissioner or a staff member designated by the Commissioner.Where an inmate has not indicated the name of a person pursuant to subsection (1), the institutional head or staff member designated by the institutional head shall, as soon as practicable, notify the inmate's next of kin.
Where the body of a deceased inmate is claimed by the person referred to in paragraph 116(1)(a) or by the inmate's next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the moneys standing to the inmate's credit in the Inmate Trust Fund are insufficient to cover the cost, for the body to be transported to a funeral home in the person's or next of kin's hometown.The Service may, on humanitarian grounds or where the costs of the funeral of an inmate would prevent the body of the inmate being claimed, pay all or part of the costs of the funeral in the hometown of the inmate or of the person who claims the body.
Where the body of a deceased inmate is not claimed by the person referred to in paragraph 116(1)(a) or by the inmate's next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the inmate's estate is insufficient to cover the costs, for the body to bewhere practicable, buried, cremated or otherwise dealt with, in accordance with the instructions left by the inmate; orburied or cremated, where the inmate did not leave instructions, or where it is not practicable to carry out the inmate's instructions.
The Service shall deliver the portion of the estate of a deceased inmate that is under the control of the Service to the inmate's personal representative, if any, in accordance with applicable provincial laws.For the purposes of subsection (1), the portion of the estate of a deceased inmate that is under the control of the Service includesany pay that was owed to the inmate by the Service at the time of death;any moneys standing to the inmate's credit in the Inmate Trust Fund; andthe inmate's personal belongings, including cash, that are in the care or custody of the Service.
Allowances on Release
The Service shall give, to each inmate on the inmate's release from penitentiary, where necessary,clothing suitable to the season and to the requirements of the inmate's release plan; andan amount to cover travelling and living expensesto the destination specified in the inmate's release plan, orwhere the inmate is leaving the penitentiary on expiration of the inmate's sentence, tothe place where the inmate was convicted, if the inmate was convicted in Canada,at the request of the inmate, any place no further distant than the place referred to in clause (A), orany place in Canada, with the approval of the Commissioner or a staff member designated by the Commissioner.Where an inmate is released from penitentiary, the Service shall ensure that the inmate is given all moneys standing to the inmate's credit in the Inmate Trust Fund.Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, in accordance with Commissioner's Directives, the offender is provided with an allowance to ensure that the offender's basic material needs are met and to permit the offender to comply with the requirements of the release plan.
Compensation for Death or DisabilityInterpretation
For the purposes of this section and sections 122 to 144,age of majority, in respect of a dependent child, means the age of majority in the province in which the dependent child resides; (âge de la majorité)approved program meansany work activity sponsored, approved or permitted by the Service or any other activity required by the Service, excluding any recreational or social activity,any extra duties imposed pursuant to subsection 44(1) of the Act,any training course that is approved by the Service, andany transportation that is arranged for or provided by the Service in connection with any activity, duties or course referred to in paragraphs (a) to (c); (programme agréé)authorized person means a person who is authorized by the Minister under section 22 of the Act to pay compensation; (délégué)child means a natural or adopted child of an inmate or a person on day parole, or a child in respect of whom the inmate or person on day parole maintains a parent-child relationship; (enfant)claimant meansa person who is claiming compensation for a disability attributable to the person's participation in an approved program, andin the case of the death of an inmate or a person on day parole attributable to the inmate's or person's participation in an approved program, a person who is claiming compensation as a dependant of that inmate or person; (demandeur)common-law spouse means a person whohas cohabited with an inmate or person on day parole, although not legally married to the inmate or person, for at least one year immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, andhas been recognized as the husband or wife of that inmate or person in the community in which they have cohabited; (conjoint de fait)compensation means compensation paid pursuant to section 22 of the Act; (indemnité)dependant means a dependent child or surviving spouse of an inmate or a person on day parole; (personne à charge)dependent child means a surviving child of an inmate or a person on day parolewho has never been married, whose financial support was obtained substantially from the inmate or person on day parole immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, andwho isless than the age of majority,the age of majority or older but under 25 years of age and enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution, orthe age of majority or older and physically or mentally incapable of earning income through employment, where the incapacity predates the child's reaching the age of majority; (enfant à charge)disability means the loss or lessening of the power to will and to do any normal mental or physical act; (invalidité)Labour Canada means the person who is responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour or a person who is designated by that person; (Travail Canada)medical care means care that is reasonably necessary to diagnose, cure or give relief from a disability and includestreatment by a qualified medical practitioner or a dentist,in-patient and out-patient care and maintenance in a hospital or clinic,therapeutic and work-related training and rehabilitation services,the provision of drugs, medical and surgical supplies, prosthetic appliances and eyeglasses,rental of equipment for treating a disability, andtravel and accommodation expenses that relate to paragraphs (a) to (e); (soins médicaux)minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code; (salaire minimum)monthly minimum wage means the minimum wage multiplied by 175; (salaire minimum mensuel)occupational disease includesa disease resulting from exposure to a substance relating to a particular process, a trade or occupation in an industry, anda disease peculiar to or characteristic of a particular industrial process, trade or occupation; (maladie professionnelle)spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; ((conjoint))surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. (conjoint survivant)
Eligibility for Compensation
Subject to sections 123 to 140, the Minister or authorized person may pay compensation toan inmate or a person on day parole, in respect of a disability or the aggravation of an existing disability that is attributable to the participation of the inmate or person in an approved program,after the inmate or person is released from custody on full parole, on statutory release or on the expiration of the inmate's or person's sentence, orwhere the person on day parole is employed on a full-time basis other than by the Service; anda dependant in respect of the death of an inmate or a person on day parole that is attributable to the participation of the inmate or person in an approved program.
The Minister or authorized person may pay compensation in the amount required for medical care for a disability.
Reporting Incidents and Time Limits
Subject to subsections (2) and (3), the Minister or authorized person shall not pay compensation unless the incident giving rise to the claim for compensation is reported to the Service by the claimant within three months after its occurrence, which report shall includethe place and date of the incident;a full description of the incident; andthe names and addresses of all known witnesses.Where the claimant does not submit a report within the period referred to in subsection (1), the Minister or authorized person may extend the period referred to in that subsection where the delay is due to circumstances beyond the claimant's control and will not impede the Service's ability to investigate the claim.A claimant is not required to make a report referred to in subsection (1) if the Service already has in its possession a report of the incident giving rise to the claim.
Subject to subsection (2), the Minister or authorized person shall not pay compensation unless a claim for compensation is submittedin the case of the death of an inmate or a person on day parole, within three months after the death; andin the case of a disability, before the date on which, after the incident giving rise to the claim, the inmate or person on day parole is first released on full parole, on statutory release or on the expiration of the inmate's or person's sentence.The Service may extend a period referred to in subsection (1) for a period of not more than two years after the death or the occurrence of the incident giving rise to the claim where the delay is due to circumstances beyond the claimant's control and will not impede the Service's ability to investigate the claim.
Claims for Compensation
Every claim for compensation shall be in writing, signed by the claimant or a person legally authorized to act on behalf of the claimant, and set out the following information:the name of the inmate or person on day parole in respect of whom the claim is made;in the case of a claim for a disability,the date of the incident giving rise to the claim, andthe nature and location of any medical care provided to the inmate or person on day parole; andin the case of a claim in respect of the death of an inmate or a person on day parole, the names and addresses of all known dependants.
Determination of Entitlement to Compensation
The Minister or authorized person shall not pay compensation unlessthe claimant mails or otherwise delivers a claim for compensation to Labour Canada;Labour Canada examines the claim;Labour Canada makes an assessment that the claimant has a disability;where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assessesthe degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker's Compensation Board of Ontario at the time the disability is assessed, andthe degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; andLabour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.
Compensation for a Disability
Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant's earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.Compensation for a disability shall only be paid for the period that the disability continues.
Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments.Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments.A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant's financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant.Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal.The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers' Compensation Board of Ontario at the time that the disability is assessed.
Notwithstanding any other provision of these Regulations, except section 141, the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.
Compensation Payable on Death
Subject to subsection (2), the compensation that may be paid in respect of the death of an inmate or a person on day parole attributable to the inmate's or person's participation in an approved program issubject to section 117, an amount not exceeding $900 for the burial or cremation of the body;subject to section 117, an amount not exceeding $300, where for humanitarian reasons the body is transported to a region or an area that is outside the region or area in which the inmate or person on day parole resided immediately before the death;a lump sum of $500 plus a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the payment, for the surviving spouse; and$125 per month for each dependent child, and if the surviving spouse dies, $140 per month thereafter.Where compensation is payable to dependent children who are the sole survivors of an inmate or a person on day parole and the dependent children have been placed in the care and custody of a foster parent by the appropriate provincial authorities, the Minister or authorized person may pay the foster parent a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the monthly payment until the last dependent child in the care and custody of the foster parent ceases to be eligible for compensation.
The Minister or authorized person may request, in writing, that a claimant who is a dependant submit proof that the claimant meets the conditions set out in these Regulations for payment of compensation, and may, until receipt of such proof, withhold further payments.
No Payment in Certain Cases
The Minister or authorized person shall not pay compensation in respect of the death or disability of an inmate or a person on day parole where the death or disability is attributable to improper conduct, including self-inflicted wounding or criminal conduct, by the inmate or person on day parole.
The Minister or authorized person shall not pay compensation to a claimant for any period during which the claimant is incarcerated or serving a sentence in a provincial correctional facility.
The Minister or authorized person shall not pay compensation to a claimant who is or would have been eligible to claim compensation in respect of the incident giving rise to the claim under the Government Employees Compensation Act or the Merchant Seamen Compensation Act, or under provincial compensation legislation providing for compensation to workers or their dependants.
The Minister or authorized person shall not pay compensation in respect of a disability to a claimant who resides outside Canada, other than a claimantwhose residence outside Canada has been approved by the Minister pursuant to subsection (2);who was removed from Canada pursuant to a removal order, or left Canada pursuant to a departure notice, made under the Immigration and Refugee Protection Act;who was deported from Canada pursuant to the Immigration and Refugee Protection Act as that Act read prior to April 10, 1978; orwho has been transferred outside Canada under the Transfer of Offenders Act.Where a claimant is claiming or receiving compensation for a disability, the Minister or authorized person shall, before granting approval of the residence outside Canada, consider whether the residence will worsen the claimant's disability or increase the medical care required by the claimant.
  • 2001, c. 27, s. 273.
The Minister or authorized person shall not pay compensation where the Minister or authorized person determines that, because of the place or circumstances in which the claimant is living, the claimant would not be or would no longer be a dependant if the deceased inmate or person on day parole was still living.
Conditions
The Minister or authorized person shall not pay compensation unless the claimant or a person legally authorized to act on behalf of the claimant signsa release of any right of action that the claimant may have against Her Majesty in right of Canada arising from the incident giving rise to the claim; andan undertaking that the claimant will, when requested to do so by the Service, co-operate with the Service, other than in a pecuniary manner, in any action, proceeding or appeal that the Service undertakes against any other person arising out of the incident giving rise to the claim.
Refusal or Cessation of Payments
The Minister or authorized person may refuse to make a payment or may discontinue payments to a person who is claiming or who is in receipt of compensation for a disability if the personfails to submit to a medical examination within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;fails to verify the occurrence or continuance of the disability within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;neglects to seek or refuses to receive medical care that the Minister or authorized person has determined, after consultation with the medical profession and Labour Canada, is necessary for the disability; orfails to comply with an undertaking referred to in paragraph 138(b).
Other Actions Brought by Persons Who May Make a Claim for Compensation
Subject to subsections (2) and (3), where an action is brought against a person other than Her Majesty in right of Canada for damages in respect of an incident that could give rise to a claim for compensation by the person bringing the action, before or after a claim for compensation is made, the Minister or authorized person shall not pay compensation until the final disposition of the action.Where a decision made in an action referred to in subsection (1) awards damages in an amount less than the total amount that would be payable under section 22 of the Act, the Minister or authorized person may pay compensation that, in the aggregate, does not exceed the difference between the awarded damages and the total amount.Where an action referred to in subsection (1) is dismissed or discontinued, the Minister or authorized person may pay compensation as if the action had not been brought.For the purposes of subsection (2), awarded damages include an amount payable pursuant to a consent judgment or settlement, if the Minister or authorized person has agreed, in writing, to the consent judgment before it is issued or to the settlement before it is concluded.
Where the Service brings an action against a person other than a claimant in respect of the death or disability of an inmate or a person on day parole and recovers damages exceeding the total amount of the compensation payable pursuant to section 22 of the Act, the Service shall pay to the claimant the difference between the damages recovered and the total amount, minus the cost of bringing the action.
Appeal
A claimant may submit an appeal, in writing, to the Minister or authorized person respecting the refusal to pay compensation, the amount of compensation paid or the discontinuance of payment of compensation.The Minister or authorized person shall, within a reasonable time, advise the claimant, in writing, of the decision on the appeal and the reasons for the decision.
General
Where compensation is payable to a claimant who cannot manage the claimant's own financial affairs, the Minister or authorized person may pay the compensation to the person who is managing the claimant's financial affairs.
No compensation may be assigned, charged, attached, anticipated, commuted or given as security.
CONDITIONAL RELEASEApplication
This Part does not apply in respect of provincial parole boards.
Authorization
The power of the institutional head, under subsection 116(10) of the Act, to cancel an unescorted temporary absence after its commencement may be exercised by a person responsible for a parole office.The power of the institutional head, under subsection 117(3) of the Act, to suspend an unescorted temporary absence may be exercised by a person responsible for a parole office.The duty of the Commissioner, under subsection 129(3) of the Act, to refer a case to the Chairperson of the Board may be exercised by the Senior Deputy Commissioner or, where the Senior Deputy Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Senior Deputy Commissioner.
Number of Members that Constitute a Panel
The review of the case of an offender shall be made by a panel that consists of at least one member of the Board if the review involves making a decision respectingterminating or revoking the parole or statutory release of the offender;cancelling the suspension, termination or revocation of the parole or statutory release of the offender;cancelling a decision to authorize the unescorted temporary absence of the offender referred to in paragraph 107(1)(e) of the Act;confirming the decision to terminate or revoke parole or statutory release of the offender;cancelling the suspension of the long-term supervision of the offender;recommending the laying of an information charging the offender with an offence under section 753.3 of the Criminal Code;imposing conditions on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act,before or after the release of the offender, in the case of the statutory release or long-term supervision of the offender, orafter the release of the offender, in the case of a release on parole or on an unescorted temporary absence;relieving from the compliance with, or varying the application of, the conditions referred to in subsection 133(2) or 134.1(1) of the Act;removing or varying a condition imposed on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act;granting parole or cancelling a decision to grant parole to the offender who is serving a sentence of imprisonment of less than two years; andpostponing a review.
  • SOR/2009-308, s. 1;
  • SOR/2012-234, s. 1.
Previous Version
[Repealed, SOR/2012-234, s. 1]Previous Version
[Repealed, SOR/2012-234, s. 1]Previous Version
[Repealed, SOR/2012-234, s. 1]Previous Version
[Repealed, SOR/2012-234, s. 1]Previous Version
The review of an application made by a person pursuant to subsection 140(4) of the Act shall be made by a panel that consists of at least one member of the Board.
In all other cases, a review of the case of an offender pursuant to the Act shall be made by a panel that consists of at least two members of the Board.
In the case of a panel consisting of more than one member, a decision of the Board in respect of any review of the case of an offender shall be rendered by a majority of the members of the panel but where there is no majority, the case of the offender shall be referred to a new panel of members who were not members of the previous panel.
  • SOR/2012-234, s. 2.
Previous Version
Unescorted Temporary Absences
For the purposes of sections 116 and 117 of the Act, the releasing authority may authorize an unescorted temporary absence of an offenderfor medical reasons to allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;for administrative reasons to allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving;for community service purposes to allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;for family contact purposes to assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender's release;for parental responsibility reasons to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child;for personal development for rehabilitative purposes to allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, and to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the offender into the community as a law-abiding citizen; andfor compassionate reasons to allow the offender to attend to urgent matters affecting the members of the offender's immediate family or other persons with whom the offender has a close personal relationship.
An offender may apply in writing to the releasing authority for an unescorted temporary absence for a purpose described in section 155.An application referred to in subsection (1) shall not be submitted prior to the twelve-month period preceding the offender's eligibility date for unescorted temporary absence.Subject to subsection (4), the releasing authority shall review the case of an offender who applies for an unescorted temporary absence within six months after receiving the application, but in no case is the releasing authority required to review the case before the two months immediately preceding the offender's eligibility date for unescorted temporary absence.The releasing authority may postpone an unescorted temporary absence review with the consent of the offender.The releasing authority may adjourn an unescorted temporary absence review for a period of not more than two months where the releasing authority requiresfurther information relevant to the review; orfurther time to render a decision.The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender, except an application for an unescorted temporary absence for medical reasons.
Day Parole Reviews
Where an offender applies for day parole pursuant to subsection 122(1) or (2) of the Act, the application shall be submitted to the Board not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced.Subject to subsection (3), the Board shall review the case of an offender who applies, in accordance with subsection (1), for day parole within six months after receiving the application, but in no case is the Board required to review the case before the two months immediately preceding the offender's eligibility date for day parole.The Board may postpone a day parole review with the consent of the offender.The Board may adjourn a day parole review for a period of not more than two months where the Board requiresfurther information relevant to the review; orfurther time to render a decision.
Full Parole Reviews
Subject to subsection (3), the Board shall, pursuant to subsection 123(1) of the Act, review, for the purposes of full parole, the case of an offender within the six months immediately preceding the offender's eligibility date for full parole.Subject to subsection (3), the Board shall review, for the purpose of full parole, the case of an offender who applies pursuant to subsection 123(3) or (6) of the Act, within six months after receiving the application, where the application is received not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced, but in no case is the Board required to review the case before the two months immediately preceding the offender's eligibility date for full parole.The Board may postpone a full parole review with the consent of the offender.The Board may adjourn a full parole review for a period of not more than two months where the Board requiresfurther information relevant to the review; orfurther time to render a decision.
[Repealed, SOR/2012-234, s. 3]Previous Version
Detention during Period of Statutory Release
Where the case of an offender is referred to the Board pursuant to subsection 129(2) of the Act or to the Chairperson of the Board pursuant to subsection 129(3) of the Act, the Board shall inform the offender, in writing, ofthe referralfive months before the offender's date for statutory release, where the case is referred to the Board or to the Chairperson of the Board not later than six months before that date, orin all other cases, as soon as practicable; andthe date of a review to be held pursuant to subsection 129(5) or 130(1) of the Act as soon as practicable after the date of the review has been set by the Board.A review of the case of an offender by the Board pursuant to subsection 130(1) of the Act shall be heldnot later than three months before the offender's date for statutory release, where the case of the offender has been referred to the Board or to the Chairperson of the Board at least four months before that date; orin all other cases, not later than one month after the case has been referred to the Board or to the Chairperson of the Board.For the purposes of paragraph 130(3.2)(a) of the Act, the Board shall review the order made under paragraph 130(3)(a) of the Act within one month after the day on which the Board is notified that an offender has received an additional sentence referred to in subsection 130(3.2) of the Act.
  • SOR/96-108, s. 3.
Conditions of Release
For the purposes of subsection 133(2) of the Act, every offender who is released on parole or statutory release is subject to the following conditions, namely, that the offenderon release, travel directly to the offender's place of residence, as set out in the release certificate respecting the offender, and report to the offender's parole supervisor immediately and thereafter as instructed by the parole supervisor;remain at all times in Canada within the territorial boundaries fixed by the parole supervisor;obey the law and keep the peace;inform the parole supervisor immediately on arrest or on being questioned by the police;at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;report to the police if and as instructed by the parole supervisor;advise the parole supervisor of the offender's address of residence on release and thereafter report immediatelyany change in the offender's address of residence,any change in the offender's normal occupation, including employment, vocational or educational training and volunteer work,any change in the domestic or financial situation of the offender and, on request of the parole supervisor, any change that the offender has knowledge of in the family situation of the offender, andany change that may reasonably be expected to affect the offender's ability to comply with the conditions of parole or statutory release;not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor; andin respect of an offender released on day parole, on completion of the day parole, return to the penitentiary from which the offender was released on the date and at the time provided for in the release certificate.For the purposes of subsection 133(2) of the Act, every offender who is released on unescorted temporary absence is subject to the following conditions, namely, that the offenderon release, travel directly to the destination set out in the absence permit respecting the offender, report to a parole supervisor as directed by the releasing authority and follow the release plan approved by the releasing authority;remain in Canada within the territorial boundaries fixed by the parole supervisor for the duration of the absence;obey the law and keep the peace;inform the parole supervisor immediately on arrest or on being questioned by the police;at all times carry the absence permit and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;report to the police if and as instructed by the releasing authority;return to the penitentiary from which the offender was released on the date and at the time provided for in the absence permit;not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor.
Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decisionin the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; andin the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.
Cancellation, Suspension, Termination and Revocation of Release
Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender's recommitment to custody in a penitentiary.Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender's request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender's recommitment to custody in a penitentiary.
  • SOR/96-108, s. 4.
Review by Way of Hearing
Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.Where the Board's approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.
Dispensing with a Hearing
Subsection 140(3) of the Act respecting reviews that the Board may conduct without a hearing applies[Repealed, SOR/2012-234, s. 4]in respect of a review for day parole, to an offender serving a sentence of imprisonment of less than two years; andin respect of a review for full parole, to an offender who has been released on day parole at the time of the review.
  • SOR/2012-234, s. 4.
Previous Version
Records of Reviews and Decisions
Where the Board conducts a review of the case of an offender by way of hearing, it shall maintain a record of the proceedings until the expiration of the offender's sentence according to law.Where the Board renders a decision with respect to an offender following a review of the offender's case, it shallmaintain a copy of the decision and the reasons for the decision until the expiration of the offender's sentence; andprovide the offender with a copy of the decision, including the reasons for the decision, within 15 days after the day on which it was made.
Access to the Registry of Decisions for Research Purposes
A person who is requesting, pursuant to subsection 144(3) of the Act, access to the registry of decisions of the Board for research purposes shall apply in writing to the Board and provide a written description of the nature of the information and the classes of decisions in respect of which access is sought.Subject to subsection (3), where the conditions set in subsection (1) have been complied with, the Board shall allow the person to have access to the registry within one month after receiving the application.The Chairperson of the Board may extend the time limit set out in subsection (2) where, having regard to all of the circumstances,access is requested to such a large number of decisions or necessitates a search in such a large number of decisions that the time set out in subsection (2) is unreasonable; orconsultations are necessary and require a longer period of time before the Board may adequately respond to the request.Where a longer period of time is required by the Board pursuant to subsection (3), it shall inform the person who is requesting access of the reasons for the extension within one month after receiving the application.
Appeals to Appeal Division
For the purposes of subsection 147(3) of the Act, an offender or a person acting on behalf of an offender may appeal a decision of the Board to the Appeal Division by sending a written notice to the Board stating the grounds on which the appeal is made and providing the information and material in support of the grounds of appeal, within two months after the decision of the Board.
(Subsection 94(2))Governor General of CanadaSolicitor General of CanadaJudges and provincial court judges of Canadian courts, including the registrars of those courtsMembers of the SenateMembers of the House of CommonsConsular officialsMembers of provincial legislaturesMembers of the Legislative Council for the Yukon or the Northwest TerritoriesDeputy Solicitor General of CanadaCommissioner of the Correctional Service of CanadaChairperson of the National Parole BoardCommissioner of Official LanguagesCanadian Human Rights CommissionInformation CommissionerPrivacy CommissionerProvincial ombudspersonsAssistant Commissioner, Audit and Investigations of the Correctional Service of CanadaPrivacy Co-ordinators of federal departmentsCorrectional Investigator of CanadaLegal counsel