Corrections and Conditional Release Act (S.C. 1992, c. 20)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

PART IIICorrectional Investigator

Interpretation

Marginal note:Definitions

 In this Part,

Commissioner

commissaire

Commissioner has the same meaning as in Part I; (commissaire)

Correctional Investigator

enquêteur correctionnel

Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; (enquêteur correctionnel)

long-term supervision

surveillance de longue durée

long-term supervision has the same meaning as in Part I; (surveillance de longue durée)

Minister

ministre

Minister has the same meaning as in Part I; (ministre)

offender

délinquant

offender has the same meaning as in Part II; (délinquant)

parole

libération conditionnelle

parole has the same meaning as in Part II; (libération conditionnelle)

penitentiary

pénitencier

penitentiary has the same meaning as in Part I; (pénitencier)

provincial parole board

commission provinciale

provincial parole board has the same meaning as in Part II. (commission provinciale)

statutory release

libération d’office

statutory release has the same meaning as in Part II. (libération d’office)

  • 1992, c. 20, s. 157;
  • 1997, c. 17, s. 36;
  • 2005, c. 10, s. 17(F);
  • 2012, c. 1, s. 102.
Marginal note:Application to persons subject to long-term supervision order

 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part.

  • 1997, c. 17, s. 37.

Correctional Investigator

Marginal note:Appointment

 The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.

Marginal note:Eligibility

 A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada.

  • 1992, c. 20, s. 159;
  • 2001, c. 27, s. 243.
Marginal note:Tenure of office and removal
  •  (1) The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.

  • Marginal note:Further terms

    (2) The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.

Marginal note:Absence, incapacity or vacancy

 In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

Marginal note:Devotion to duties

 The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.

Marginal note:Salary and expenses
  •  (1) The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part.

  • Marginal note:Pension benefits

    (2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the public service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

  • Marginal note:Other benefits

    (3) The Correctional Investigator is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • 1992, c. 20, s. 163;
  • 2003, c. 22, ss. 224(E), 225(E).

Management

Marginal note:Management

 The Correctional Investigator has the control and management of all matters connected with the office of the Correctional Investigator.

Staff

Marginal note:Staff of the Correctional Investigator
  •  (1) Such officers and employees as are necessary to enable the Correctional Investigator to perform the function and duties of the Correctional Investigator under this Part shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Technical assistance

    (2) The Correctional Investigator may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Correctional Investigator to advise and assist the Correctional Investigator in the performance of the function and duties of the Correctional Investigator under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Oath of Office

Marginal note:Oath of office

 The Correctional Investigator and every person appointed pursuant to section 161 or subsection 165(1) shall, before commencing the duties of office, take the following oath of office:

“I, (name), swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (Correctional Investigator, Acting Correctional Investigator or officer or employee of the Correctional Investigator). So help me God.”

Function

Marginal note:Function
  •  (1) It is the function of the Correctional Investigator to conduct investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affect offenders either individually or as a group.

  • Marginal note:Restrictions

    (2) In performing the function referred to in subsection (1), the Correctional Investigator may not investigate

    • (a) any decision, recommendation, act or omission of

      • (i) the Parole Board of Canada in the exercise of its exclusive jurisdiction under this Act, or

      • (ii) any provincial parole board in the exercise of its exclusive jurisdiction;

    • (b) any problem of an offender related to the offender’s confinement in a provincial correctional facility, whether or not the confinement is pursuant to an agreement between the federal government and the government of the province in which the provincial correctional facility is located; and

    • (c) any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole, statutory release subject to supervision or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province.

  • Marginal note:Exception

    (3) Notwithstanding paragraph (2)(b), the Correctional Investigator may, in any province that has not appointed a provincial parole board, investigate the problems of offenders confined in provincial correctional facilities in that province related to the preparation of cases of parole by any person under the control and management of, or performing services for or on behalf of, the Commissioner.

  • 1992, c. 20, s. 167;
  • 2012, c. 1, s. 160.
 
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