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

Marginal note:Peace officer status

10. The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of

• (a) an offender subject to a warrant or to an order for long-term supervision; and

• (b) any person, while the person is in a penitentiary.

Marginal note:General

11. A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary, and any designation of a particular penitentiary in the warrant of committal is of no force or effect.

Marginal note:Recommitment to custody

11.1 Where a person who is sentenced, committed or transferred to penitentiary is at large without lawful authority before the expiration of the sentence according to law and where no alternative means of arrest are available, the institutional head may, by warrant, authorize the apprehension and recommitment of the person to custody in a penitentiary.

Marginal note:Fifteen day delay

12. In order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.

Marginal note:Medical certificate

13. The institutional head may refuse to receive a person referred to in section 12 into the penitentiary if there is not a certificate signed by a registered health care professional setting out available health information and stating whether or not the person appears to be suffering from a dangerous, infectious or contagious disease.

Marginal note:Confinement in provincial facility

• 14. (1) A person who, by virtue of section 12 or 13, is not received into a penitentiary shall be confined in a provincial correctional facility.

• Marginal note:Idem

  (2) The person in charge of the provincial correctional facility to whom a person referred to in subsection (1) is delivered shall, on being presented with

  • (a) the warrant of committal to penitentiary, or

  • (b) a copy of the warrant of committal certified by any judge of a superior or provincial court, by any justice of the peace, or by the clerk of the court in which the person was convicted,

  confine the person in the provincial correctional facility until the person is transferred to penitentiary or released from custody in accordance with law.