An Act to amend the Corrections and Conditional Release Act and another Act (S.C. 2019, c. 27)
Full Document:
Assented to 2019-06-21
1992, c. 20Corrections and Conditional Release Act (continued)
26 The definition health care in section 85 of the Act is replaced by the following:
- health care
health care means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals; (soins de santé)
27 Paragraph 86(1)(b) of the Act is replaced by the following:
(b) reasonable access to non-essential health care.
28 The Act is amended by adding the following after section 86:
Marginal note:Health care obligations
86.1 When health care is provided to inmates, the Service shall
(a) support the professional autonomy and the clinical independence of registered health care professionals and their freedom to exercise, without undue influence, their professional judgment in the care and treatment of inmates;
(b) support those registered health care professionals in their promotion, in accordance with their respective professional code of ethics, of patient-centred care and patient advocacy; and
(c) promote decision-making that is based on the appropriate medical care, dental care and mental health care criteria.
Marginal note:Designation of health care unit
86.2 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.
Marginal note:Purpose
86.3 The purpose of a health care unit is to provide an appropriate living environment to facilitate an inmate’s access to health care.
Marginal note:Admission and discharge
86.4 The admission of inmates to and the discharge of inmates from health care units must be in accordance with regulations made under paragraph 96(g.2).
29 Paragraph 87(a) of the Act is replaced by the following:
(a) in all decisions affecting the offender, including decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and
30 The Act is amended by adding the following after section 89:
Marginal note:Patient advocacy services
89.1 The Service shall provide, in respect of inmates in penitentiaries designated by the Commissioner, access to patient advocacy services
31 (1) Paragraph 96(g) of the Act is replaced by the following:
(g) respecting the confinement of inmates in a structured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(g.1) respecting the powers, duties and functions of independent external decisionmakers, including respecting the making of a determination as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(2) Section 96 of the Act is amended by adding the following after paragraph (g.1):
(g.2) respecting the admission of inmates to and the discharge of inmates from health care units;
(2.1) Paragraph 96(l) of the French version of the Act is replaced by the following:
l) précisant la manière d’effectuer les inspections lors d’une fouille à nu, d’une fouille discrète ou d’une fouille par palpation, au sens de l’article 46;
Marginal note:2012, c. 1, s. 69(6)
(3) Paragraph 96(z.6) of the French version of the Act is replaced by the following:
z.6) concernant l’attribution d’une cote de sécurité au détenu et le classement de celui-ci dans une sous-catégorie au titre de l’article 30 ainsi que les critères de détermination de la cote et de la sous-catégorie;
32 (1) The definition provincial parole board in subsection 99(1) of the Act is replaced by the following:
- provincial parole board
provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)
(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:
- Indigenous
Indigenous has the same meaning as in Part I; (autochtone)
32.1 Paragraph 101(c) of the Act is replaced by the following:
(c) parole boards make the least restrictive determinations that are consistent with the protection of society;
Marginal note:1995, c. 42, s. 32(F)
33 Paragraph 116(1)(b) of the English version of Act is replaced by the following:
(b) it is desirable for the offender to be absent from the penitentiary for medical, administrative, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
Marginal note:2015, c. 13, s. 49(3)
34 Subsection 140(13) of the Act is replaced by the following:
Marginal note:Audio recording
(13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers
(a) could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or
(b) should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweighs the interest of the victim or person referred to in that subsection.
Marginal note:1995, ch. 42, s. 58(F)
35 Subsection 151(3) of the Act is replaced by the following:
Marginal note:Respect for diversity
(3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and of Indigenous persons, as well as to the needs of other groups of offenders with special requirements.
36 Section 220 of the Act is repealed.
R.S., c. C-47Criminal Records Act
Marginal note:1992, c. 22, s. 6
37 Paragraph 6.1(1)(b) of the English version of the Criminal Records Act is replaced by the following:
(b) more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.
Transitional Provisions
Marginal note:Words and expressions
38 Unless the context otherwise requires, words and expressions used in sections 39 and 40 have the same meaning as in subsection 2(1) or 99(1) of the Corrections and Conditional Release Act.
- Date modified: