PART ICorrections (continued)
Treatment Demonstration Programs
115 For the purposes of subsection 88(4) of the Act, equal numbers from the community of lay persons and registered health care professionals with expertise related to the treatment demonstration program shall constitute a treatment demonstration program committee.
Death of an Inmate
(2) If an inmate has not indicated the name of a person under subsection (1), the institutional head or staff member shall, as soon as practicable, notify the inmate’s next of kin.
- SOR/2019-299, s. 29
117 (1) Where the body of a deceased inmate is claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the moneys standing to the inmate’s credit in the Inmate Trust Fund are insufficient to cover the cost, for the body to be transported to a funeral home in the person’s or next of kin’s hometown.
(2) The Service may, for compassionate reasons or where the costs of the funeral of an inmate would prevent the body of the inmate being claimed, pay all or part of the costs of the funeral in the hometown of the inmate or of the person who claims the body.
- SOR/2019-299, s. 30
118 Where the body of a deceased inmate is not claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the inmate’s estate is insufficient to cover the costs, for the body to be
(a) where practicable, buried, cremated or otherwise dealt with, in accordance with the instructions left by the inmate; or
(b) buried or cremated, where the inmate did not leave instructions, or where it is not practicable to carry out the inmate’s instructions.
119 (1) The Service shall deliver the portion of the estate of a deceased inmate that is under the control of the Service to the inmate’s personal representative, if any, in accordance with applicable provincial laws.
(2) For the purposes of subsection (1), the portion of the estate of a deceased inmate that is under the control of the Service includes
Allowances on Release
(a) clothing suitable to the season and to the requirements of the inmate’s release plan; and
(b) an amount to cover travelling and living expenses
(i) to the destination specified in the inmate’s release plan, or
(ii) where the inmate is leaving the penitentiary on expiration of the inmate’s sentence, to
(A) the place where the inmate was convicted, if the inmate was convicted in Canada,
(B) at the request of the inmate, any place no further distant than the place referred to in clause (A), or
(C) any place in Canada, with the approval of the Commissioner or a staff member designated by the Commissioner.
(2) Where an inmate is released from penitentiary, the Service shall ensure that the inmate is given all moneys standing to the inmate’s credit in the Inmate Trust Fund.
(3) Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, in accordance with Commissioner’s Directives, the offender is provided with an allowance to ensure that the offender’s basic material needs are met and to permit the offender to comply with the requirements of the release plan.
Compensation for Death or Disability
121 For the purposes of this section and sections 122 to 144,
- age of majority
age of majority, in respect of a dependent child, means the age of majority in the province in which the dependent child resides; (âge de la majorité)
- approved program
approved program means
(a) any work activity sponsored, approved or permitted by the Service or any other activity required by the Service, excluding any recreational or social activity,
(b) any extra duties imposed pursuant to subsection 44(1) of the Act,
(c) any training course that is approved by the Service, and
(d) any transportation that is arranged for or provided by the Service in connection with any activity, duties or course referred to in paragraphs (a) to (c); (programme agréé)
- authorized person
authorized person means a person who is authorized by the Minister under section 22 of the Act to pay compensation; (délégué)
child means a natural or adopted child of an inmate or a person on day parole, or a child in respect of whom the inmate or person on day parole maintains a parent-child relationship; (enfant)
(a) a person who is claiming compensation for a disability attributable to the person’s participation in an approved program, and
(b) in the case of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program, a person who is claiming compensation as a dependant of that inmate or person; (demandeur)
- common-law spouse
common-law spouse means a person who
(a) has cohabited with an inmate or person on day parole, although not legally married to the inmate or person, for at least one year immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and
(b) has been recognized as the husband or wife of that inmate or person in the community in which they have cohabited; (conjoint de fait)
compensation means compensation paid pursuant to section 22 of the Act; (indemnité)
dependant means a dependent child or surviving spouse of an inmate or a person on day parole; (personne à charge)
- dependent child
dependent child means a surviving child of an inmate or a person on day parole
(a) who has never been married, whose financial support was obtained substantially from the inmate or person on day parole immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and
(b) who is
(i) less than the age of majority,
(ii) the age of majority or older but under 25 years of age and enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution, or
(iii) the age of majority or older and physically or mentally incapable of earning income through employment, where the incapacity predates the child’s reaching the age of majority; (enfant à charge)
disability means the loss or lessening of the power to will and to do any normal mental or physical act; (invalidité)
- Labour Canada
Labour Canada means the person who is responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour or a person who is designated by that person; (Travail Canada)
- medical care
medical care means care that is reasonably necessary to diagnose, cure or give relief from a disability and includes
(a) treatment by a qualified medical practitioner or a dentist,
(b) in-patient and out-patient care and maintenance in a hospital or clinic,
(c) therapeutic and work-related training and rehabilitation services,
(d) the provision of drugs, medical and surgical supplies, prosthetic appliances and eyeglasses,
(e) rental of equipment for treating a disability, and
(f) travel and accommodation expenses that relate to paragraphs (a) to (e); (soins médicaux)
- minimum wage
minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code; (salaire minimum)
- monthly minimum wage
monthly minimum wage means the minimum wage multiplied by 175; (salaire minimum mensuel)
- occupational disease
occupational disease includes
spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; (conjoint)
- surviving spouse
surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. (conjoint survivant)
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