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

14 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.

15 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.

16 The following transfers shall be effected by a warrant signed by,

• (a) in the case of a transfer effected under paragraph 29(a) or (c) of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b); or

• (b) in the case of a transfer under subsection 29.01(1) of the Act to a structured intervention unit located in a penitentiary other than the one in which the inmate is held, the staff member referred to in that subsection.

Security Classification

17 For the purposes of section 30 of the Act, the Service shall consider the following factors in assigning a security classification to each inmate:

• (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.

18 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.

Exceptions

• 19 (1) For the purposes of paragraph 37(1)(c) of the Act, the prescribed circumstances are those set out in that paragraph of the Act as well as the following:

  • (a) power failures;

  • (b) epidemics;

  • (c) any events that significantly affect the physical infrastructure of the penitentiary.

• (2) An inmate shall be informed as soon as practicable of any circumstances that prevent the normal daily activities that are set out in paragraphs 36(1)(a) and (b) of the Act from being carried out.

Structured Intervention Unit Committee

• 20 (1) In the case of a penitentiary or area in a penitentiary designated as a structured intervention unit, the institutional head shall, for the purpose of making a determination under paragraph 37.3(1)(b) or section 37.4 of the Act, establish a structured intervention unit committee in accordance with Commissioner’s Directives.

• (2) Before sending its recommendations with respect to a determination referred to in subsection (1), the structured intervention unit committee shall

  • (a) give the inmate written notice of the proposed recommendations, including the reasons for the proposed recommendations, and of the date on which a meeting with the inmate with respect to the proposed recommendations will take place;

  • (b) provide the inmate with an opportunity of at least three working days to prepare representations for that meeting; and

  • (c) meet with the inmate to explain the reasons for the proposed recommendations and give them an opportunity to make representations with respect to the proposed recommendations in person or, if the inmate prefers, in writing.

• (3) As soon as practicable after the scheduled meeting with the inmate, the structured intervention unit committee shall provide its written recommendations as well as the inmate’s representations, if any, to the institutional head, to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b.1), as the case may be, so that they may make their determination within the timelines set out in the Act.

21 For the purposes of section 37.11 of the Act, a staff member or a person engaged by the Service who refers an inmate’s case to the portion of the Service that administers health care shall do so as soon as practicable and notify the institutional head.

• 22 (1) When making a determination referred to in section 37.3 of the Act, the institutional head shall consider the inmate’s representations and any following recommendations made by:

  • (a) in the case of a determination made under paragraph 37.3(1)(a) or subsection 37.3(2) of the Act, the registered health care professional; and

  • (b) in the case of a determination made under paragraph 37.3(1)(b) of the Act, the structured intervention unit committee established in accordance with subsection 20(1).

• (2) A copy of the determination shall be provided to the registered health care professional who made any recommendations.

• (3) Any determination made by the institutional head — either that the inmate should remain in the structured intervention unit or that their conditions of confinement should not be altered — contrary to a recommendation set out in paragraph (1)(a), shall also be provided to the committee.

Committee

• 23 (1) For the purposes of subsection 37.32(1) of the Act, the committee shall consider the following factors in determining whether the inmate’s conditions of confinement in the structured intervention unit should be altered:

  • (a) the inmate’s representations;

  • (b) the institutional head’s determination, including the reasons for the determination; and

  • (c) the recommendations made by the registered health care professional.

• (2) For the purposes of subsection 37.32(2) of the Act, the committee shall consider the factors set out in paragraphs (1)(a) to (c) in determining whether the inmate should remain in the structured intervention unit.

• (3) Any determination made under subsection 37.32(1) or (2) of the Act shall be in writing and provided to the inmate, the institutional head and the registered health care professional.

• (4) If the determination of the committee is that the inmate should remain in the structured intervention unit or that the conditions of confinement should not be altered, a copy of the determination shall also be provided as soon as practicable to the independent external decision-maker.

• 23.01 (1) For the purposes of section 37.4 of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b.1) of these Regulations shall consider the following factors when determining whether an inmate should remain in a structured intervention unit:

  • (a) the inmate’s representations; and

  • (b) the recommendations of the structured intervention unit committee.

• (2) No later than one working day after the day on which a determination was made under section 37.4 of the Act, the inmate shall be orally advised of the determination, including the reasons for the determination, and no later than two working days after the day on which the determination was made, they shall be provided with those reasons in writing.

Independent External Decision-Maker

Publication of Information

23.02 For the purposes of section 37.77 of the Act, a representative sampling of information related to any determination of the independent external decision-maker may be published in print and electronically and those publications are to be made available to offenders, staff members and the public.

Indigenous Inmate

23.03 For the purposes of sections 37.8 and 37.81 and subsections 37.83(1) and (3) of the Act and section 23.06 of these Regulations, in the case of an Indigenous inmate, the independent external decision-maker shall also consider the factors set out in subsection 79.1(1) of the Act.

Absence

23.04 The independent external decision-maker shall determine whether an inmate should remain in a structured intervention unit, even if they are temporarily away from it.

Decision

23.05 Any determination made under sections 37.8 and 37.81 and subsections 37.83(1) and (3) of the Act and section 23.06 of these Regulations shall be in writing and provided to both the Service and the inmate.

Determination

• 23.06 (1) If, in accordance with subsection 37.83(1) or (3) of the Act, the independent external decision-maker determines that the Service has taken all reasonable steps to provide an inmate with the opportunities referred to in subsection 36(1) of the Act but that, in the last 10 consecutive days, the inmate, while continuing to be confined in a structured intervention unit, has not spent a minimum of four hours a day outside their cell or has not interacted with others for a minimum of two hours a day, the independent external decision-maker shall determine, as soon as practicable, whether the inmate should remain in the structured intervention unit.

• (2) The grounds and the factors set out in section 37.82 of the Act apply to the determination made under subsection (1).

Reviews

• 23.07 (1) For the purposes of section 37.9 of the Act, the independent external decision-maker shall review the following:

  • (a) the case of an inmate who was authorized to be transferred to a structured intervention unit at least four times within a period of 180 consecutive days and, during which period, the matter was not referred to the independent external decision-maker for the purposes of making a determination in accordance with section 37.8 of the Act; and

  • (b) at the request of the Service, the case of an inmate who is or was authorized to be transferred to a structured intervention unit.

• (2) Sections 37.7 to 37.73 of the Act apply to any review made by the independent external decision-maker set out in paragraphs (1)(a) and (b).

• (3) The independent external decision-maker shall make recommendations and provide them, in writing, to the inmate, to the Correctional Investigator and to the Commissioner.

Health Care

Admission

• 23.08 (1) If a registered health care professional refers the case of an inmate for admission to a health care unit, the decision to admit the inmate is made by the health services official designated by Commissioner’s Directive and in accordance with the criteria set out in that Directive.

• (2) The inmate shall be given written notice of any decision with respect to their admission to a health care unit, including the reasons for the decision.

Transfer

• 23.09 (1) An inmate may be transferred to a health care unit in accordance with paragraph 29(b) or (c) of the Act only if they have been admitted to the health care unit in accordance with subsection 23.08(1) of these Regulations.

• (2) The inmate shall be given written notice of any refusal to transfer them to a health care unit, including the reasons for the refusal.

Discharge

• 23.1 (1) An inmate may be discharged from a health care unit when the health services official designated by Commissioner’s Directive determines, in accordance with the criteria set out in that Directive, that the inmate should be discharged.

• (2) Once the inmate is discharged from a health care unit, they shall be transferred in accordance with section 29 or subsection 29.01(1) of the Act.

• (3) An inmate shall be given written notice of any decision to discharge them from the health care unit, including the reasons for the decision.

Inmate Discipline

Independent Chairpersons

• 24 (1) The Minister shall appoint

  • (a) a 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; and

  • (b) a senior independent chairperson for each region from among the independent chairpersons of that region.

• (2) A senior independent chairperson shall

  • (a) advise and, in conjunction with the Service, train the independent chairpersons in the senior independent chairperson’s region;

  • (b) 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; and

  • (c) exchange information with the senior independent chairpersons of other regions.

• (3) 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.

• (4) 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 to

  • (a) conducting a hearing of a disciplinary offence;

  • (b) participating in an information session;

  • (c) participating in an orientation and training session;

  • (d) participating in a consultation session with staff members or inmates; and

  • (e) performing related duties at the request of the Service.