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

Deductions and Reimbursement for Food, Accommodation, Work-related Clothing and Access to Telephone Services

• 104.1 (1) The following sources of income are prescribed for the purposes of subsection 78(2) of the Act:

  • (a) employment in the community while on work release or conditional release;

  • (b) employment in a penitentiary provided by a third party;

  • (c) a business operated by the offender;

  • (d) hobby craft or custom work; and

  • (e) a pension from a private or government source.

• (2) Deductions may be made under paragraph 78(2)(a) of the Act for the purpose of reimbursing Her Majesty in right of Canada for

  • (a) the costs of food, accommodation and work-related clothing provided to the offender by the Service; and

  • (b) the administrative costs associated with the access to telephone services provided to the offender by the Service.

• (3) The Service shall make the deduction referred to in paragraph 78(2)(a) of the Act before depositing the offender’s earnings into the Inmate Trust Fund.

• (4) The Commissioner is authorized to fix, by Commissioner’s Directive, the amount or maximum amount of any deduction made pursuant to paragraph 78(2)(a) of the Act and the amount to be reimbursed, by percentage or otherwise, pursuant to paragraph 78(2)(b) of the Act.

• (5) Subject to subsections (7) and 111(3), where an offender fails to pay an amount to Her Majesty in right of Canada pursuant to paragraph 78(2)(b) of the Act, the Service shall withdraw such moneys either at one time or at regular intervals from the offender’s Inmate Trust Fund account until the amount owing is paid.

• (6) Any amount owing to Her Majesty in right of Canada by an offender pursuant to paragraph 78(2)(b) of the Act is a debt to the Crown that may be collected by the Service in accordance with this section or the Financial Administration Act.

• (7) Where the institutional head determines, on the basis of information that is supplied by an offender, that a deduction or payment of an amount that is referred to in this section will unduly interfere with the ability of the offender to meet the objectives of the offender’s correctional plan or to meet basic needs or family or parental responsibilities, the institutional head shall reduce or waive the deduction or payment to allow the offender to meet those objectives, needs or responsibilities.

CORCAN

105 CORCAN shall ensure that an inmate who participates in CORCAN activities

• (a) is fully, regularly and suitably employed in a work environment that strives to achieve private sector standards of productivity and quality so that the inmate will be better able to obtain and hold employment when the inmate returns to the community; and

• (b) is provided with programs and services that facilitate the inmate’s re-entry into the community.

106 Goods and services that are produced or made available by CORCAN may be transferred, leased, loaned or provided to

• (a) any department, branch or agency of the Government of Canada or the government of a province or to any municipality;

• (b) any charitable, non-profit, religious or spiritual organization; or

• (c) any purchaser in the ordinary course of trade under competitive conditions.

• 107 (1) CORCAN may enter into an agreement with a private sector enterprise

  • (a) for the production of goods or the provision of services; or

  • (b) for the training and employment of offenders by that enterprise.

• (2) Where an agreement referred to in subsection (1) permits the enterprise to operate a business in a penitentiary, the Service may

  • (a) recover from the enterprise any costs incurred by the Service as a result of the use of the penitentiary by the enterprise, including utilities; and

  • (b) limit, by means of a specific agreement, the liability of Her Majesty in right of Canada with respect to the enterprise’s operations in the penitentiary.

• 108 (1) The Minister shall appoint a committee, to be known as the Advisory Board of CORCAN, consisting of not more than 12 persons chosen from the fields of business, non-profit organizations, labour and government and from the general public, to support the operation of CORCAN by

  • (a) advising CORCAN on its operating plans, budgets and marketing and sales plans and on its performance;

  • (b) commenting on major initiatives of CORCAN in developing new products and markets;

  • (c) assisting the Service in building a positive public image of CORCAN; and

  • (d) representing CORCAN to labour and business organizations.

• (2) Members of the Advisory Board of CORCAN may be remunerated at a rate determined by the Treasury Board and given travel and living expenses incurred by them while absent from their ordinary place of residence in connection with the work of the Board in accordance with the Treasury Board Travel Directive.

Disposal of Vocational Training Program and Hobby Products

109 Goods that are produced, repaired or maintained or services that are provided by an inmate employed in a penitentiary vocational training program may be

• (a) sold or donated to a charitable, non-profit, religious or spiritual organization; or

• (b) where no such organization expresses an interest in the goods or services, sold to staff members.

110 An inmate may sell a product of a hobby of the inmate to any person.

Inmate Trust Fund

• 111 (1) The Service shall ensure that all moneys that accompany an inmate when the inmate is admitted into a penitentiary and all moneys that are received on the inmate’s behalf while the inmate is in custody are deposited to the inmate’s credit in a trust fund, which fund shall be known as the Inmate Trust Fund.

• (2) The Inmate Trust Fund shall comprise a current account and a savings account in respect of each inmate.

• (3) No moneys standing to the credit of an inmate’s savings account in the Inmate Trust Fund shall be paid out of that account if the balance of the account is lower than the amount provided for in Commissioner’s Directives.

• (4) No moneys in the Inmate Trust Fund standing to the credit of an inmate shall, except where a family relationship exists, be transferred to the credit of another inmate.

Inmate Businesses

• 112 (1) No inmate shall operate a business in a penitentiary unless the inmate obtains the approval of the Commissioner or a staff member designated by the Commissioner, in accordance with subsection (2).

• (2) The Commissioner or a staff member designated by the Commissioner may grant approval to an inmate to conduct a business, in accordance with the procedures set out in Commissioner’s Directives, where

  • (a) the security and operational constraints of the penitentiary permit the conduct of the business; and

  • (b) the business is consistent with the inmate’s correctional plan.

• (3) Where the conditions set out in subsection (2) are no longer met, the Commissioner or a staff member designated by the Commissioner may withdraw the approval granted under that subsection.

• (4) Where the Commissioner or a staff member designated by the Commissioner withdraws an approval granted under subsection (2), the Commissioner or staff member shall give the inmate

  • (a) written notice of the withdrawal of approval, including the reasons for the withdrawal; and

  • (b) a reasonable opportunity to wind up the business.

• 113 (1) Where, on reception of an inmate in a penitentiary, the inmate wishes to have a business that the inmate is operating outside the penitentiary operated on the inmate’s behalf or to wind up the business, the Service shall ensure that the inmate is given a reasonable opportunity to make arrangements to have the business operated on the inmate’s behalf or wind up the business.

• (2) Where an inmate wishes to wind up a business that the inmate is operating in the penitentiary, the Service shall ensure that the inmate is given a reasonable opportunity to wind up the business.

Indigenous Offenders

114 If an offender submits a request for a transfer to the care and custody of the appropriate Indigenous authority under subsection 81(3) of the Act, the Commissioner or a staff member designated by the Commissioner shall, within 60 days after the request is made, consider the request, consult with the appropriate Indigenous authority and give the offender written notice of the decision, including the reasons for the decision if the request is denied.