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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART IIConditional Release, Detention and Long-term Supervision (continued)

Organization of the Board (continued)

General (continued)

Marginal note:Report of inquiry

  •  (1) After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister.

  • Marginal note:Recommendations

    (2) Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held

    • (a) has become incapacitated from the due execution of the member’s office by reason of infirmity,

    • (b) is guilty of misconduct,

    • (c) has failed in the due execution of the member’s office, or

    • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member’s office,

    the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such disciplinary or remedial measure as the judge considers necessary be taken.

  • Marginal note:Governor in Council may suspend or remove

    (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure.

  • 1995, c. 42, s. 59

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation, including defining terms that are to be defined in the regulations for the purposes of this Part, and, generally, for carrying out the purposes and provisions of this Part.

  • Marginal note:Application

    (2) Regulations may be made pursuant to subsection (1) that are applicable

    • (a) in respect of offenders within the jurisdiction of a provincial parole board; and

    • (b) in respect of a specified class, or specified classes, of offenders.

  • Marginal note:Regulations

    (3) The Governor in Council may, by regulation, amend Schedule I or II.

  • Marginal note:Idem

    (4) The Governor in Council may make regulations respecting the method of determining

    • (a) pursuant to sections 120 to 120.3, the period that an offender must serve before being eligible for parole;

    • (b) pursuant to section 127, the period that an offender must serve before being entitled to statutory release; and

    • (c) the manner in which subsection 139(1) applies in respect of sentences.

  • 1992, c. 20, s. 156
  • 1995, c. 42, s. 60
  • 2015, c. 30, s. 5

PART IIICorrectional Investigator

Interpretation

Marginal note:Definitions

 In this Part,

Commissioner

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

Correctional Investigator

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

long-term supervision

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

Minister

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

offender

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

parole

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

penitentiary

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

provincial parole board

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

statutory release

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.

 
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