Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2016-06-21 and last amended on 2015-06-19. Previous Versions

  •  (1) 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.

  • (2) 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,

  • (a) 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; or

  • (b) where 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 shall

  • (a) give the inmate written notice of the proposed transfer, including the reasons for the proposed transfer and the proposed destination;

  • (b) 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;

  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

  • (d) give the inmate written notice of the final decision respecting the transfer, and the reasons for the decision,

    • (i) at least two days before the transfer if the final decision is to transfer the inmate, unless the inmate consents to a shorter period; and

    • (ii) within five working days after the decision if the final decision is not to transfer the inmate.

  •  (1) 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.

  • (2) 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 shall

    • (a) meet 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;

    • (b) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

    • (c) give 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 shall

  • (a) give the inmate written notice of the recommendation, including the reasons for the recommendation;

  • (b) 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;

  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

  • (d) give 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:

  • (a) the seriousness of the offence committed by the inmate;

  • (b) any outstanding charges against the inmate;

  • (c) the inmate’s performance and behaviour while under sentence;

  • (d) the inmate’s social, criminal and, if available, young-offender history and any dangerous offender designation under the Criminal Code;

  • (e) any physical or mental illness or disorder suffered by the inmate;

  • (f) the inmate’s potential for violent behaviour; and

  • (g) the inmate’s continued involvement in criminal activities.

  • SOR/2008-198, s. 1.

 For the purposes of section 30 of the Act, an inmate shall be classified as

  • (a) maximum security where the inmate is assessed by the Service as

    • (i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or

    • (ii) requiring a high degree of supervision and control within the penitentiary;

  • (b) medium security where the inmate is assessed by the Service as

    • (i) presenting a low to moderate probability of escape and a moderate risk to the safety of the public in the event of escape, or

    • (ii) requiring a moderate degree of supervision and control within the penitentiary; and

  • (c) minimum security where the inmate is assessed by the Service as

    • (i) presenting a low probability of escape and a low risk to the safety of the public in the event of escape, and

    • (ii) requiring 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.

  •  (1) 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.

  • (2) A Segregation Review Board referred to in subsection (1) shall conduct a hearing

    • (a) within five working days after the inmate’s confinement in administrative segregation; and

    • (b) at least once every 30 days thereafter that the inmate remains in administrative segregation.

  • (3) The institutional head shall ensure that an inmate who is the subject of a Segregation Review Board hearing pursuant to subsection (2)

    • (a) 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;

    • (b) is given an opportunity to be present and to make representations at the hearing; and

    • (c) is advised in writing of the Board’s recommendation to the institutional head and the reasons for the recommendation.

 
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