PART ICorrections (continued)
Compensation for Death or Disability (continued)
No Payment in Certain Cases (continued)
137 The Minister or authorized person shall not pay compensation where the Minister or authorized person determines that, because of the place or circumstances in which the claimant is living, the claimant would not be or would no longer be a dependant if the deceased inmate or person on day parole was still living.
138 The Minister or authorized person shall not pay compensation unless the claimant or a person legally authorized to act on behalf of the claimant signs
(a) a release of any right of action that the claimant may have against Her Majesty in right of Canada arising from the incident giving rise to the claim; and
(b) an undertaking that the claimant will, when requested to do so by the Service, co-operate with the Service, other than in a pecuniary manner, in any action, proceeding or appeal that the Service undertakes against any other person arising out of the incident giving rise to the claim.
Refusal or Cessation of Payments
139 The Minister or authorized person may refuse to make a payment or may discontinue payments to a person who is claiming or who is in receipt of compensation for a disability if the person
(a) fails to submit to a medical examination within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;
(b) fails to verify the occurrence or continuance of the disability within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;
(c) neglects to seek or refuses to receive medical care that the Minister or authorized person has determined, after consultation with the medical profession and Labour Canada, is necessary for the disability; or
(d) fails to comply with an undertaking referred to in paragraph 138(b).
Other Actions Brought by Persons Who May Make a Claim for Compensation
140 (1) Subject to subsections (2) and (3), where an action is brought against a person other than Her Majesty in right of Canada for damages in respect of an incident that could give rise to a claim for compensation by the person bringing the action, before or after a claim for compensation is made, the Minister or authorized person shall not pay compensation until the final disposition of the action.
(2) Where a decision made in an action referred to in subsection (1) awards damages in an amount less than the total amount that would be payable under section 22 of the Act, the Minister or authorized person may pay compensation that, in the aggregate, does not exceed the difference between the awarded damages and the total amount.
(3) Where an action referred to in subsection (1) is dismissed or discontinued, the Minister or authorized person may pay compensation as if the action had not been brought.
(4) For the purposes of subsection (2), awarded damages include an amount payable pursuant to a consent judgment or settlement, if the Minister or authorized person has agreed, in writing, to the consent judgment before it is issued or to the settlement before it is concluded.
141 Where the Service brings an action against a person other than a claimant in respect of the death or disability of an inmate or a person on day parole and recovers damages exceeding the total amount of the compensation payable pursuant to section 22 of the Act, the Service shall pay to the claimant the difference between the damages recovered and the total amount, minus the cost of bringing the action.
142 (1) A claimant may submit an appeal, in writing, to the Minister or authorized person respecting the refusal to pay compensation, the amount of compensation paid or the discontinuance of payment of compensation.
(2) The Minister or authorized person shall, within a reasonable time, advise the claimant, in writing, of the decision on the appeal and the reasons for the decision.
143 Where compensation is payable to a claimant who cannot manage the claimant’s own financial affairs, the Minister or authorized person may pay the compensation to the person who is managing the claimant’s financial affairs.
144 No compensation may be assigned, charged, attached, anticipated, commuted or given as security.
PART IIConditional Release
145 This Part does not apply in respect of provincial parole boards.
146 (1) The power of the institutional head, under subsection 116(10) of the Act, to cancel an unescorted temporary absence after its commencement may be exercised by a person responsible for a parole office.
(2) The power of the institutional head, under subsection 117(3) of the Act, to suspend an unescorted temporary absence may be exercised by a person responsible for a parole office.
(3) The duty of the Commissioner, under subsection 129(3) of the Act, to refer a case to the Chairperson of the Board may be exercised by the Senior Deputy Commissioner or, where the Senior Deputy Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Senior Deputy Commissioner.
Number of Members that Constitute a Panel
147 The review of the case of an offender shall be made by a panel that consists of at least one member of the Board if the review involves making a decision respecting
(a) terminating or revoking the parole or statutory release of the offender;
(b) cancelling the suspension, termination or revocation of the parole or statutory release of the offender;
(c) cancelling a decision to authorize the unescorted temporary absence of the offender referred to in paragraph 107(1)(e) of the Act;
(d) confirming the decision to terminate or revoke parole or statutory release of the offender;
(e) cancelling the suspension of the long-term supervision of the offender;
(g) imposing conditions on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act,
(h) relieving from the compliance with, or varying the application of, the conditions referred to in subsection 133(2) or 134.1(1) of the Act;
(i) removing or varying a condition imposed on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act;
(j) granting parole or cancelling a decision to grant parole to the offender who is serving a sentence of imprisonment of less than two years; and
(k) postponing a review.
- SOR/2009-308, s. 1
- SOR/2012-234, s. 1
148 [Repealed, SOR/2012-234, s. 1]
149 [Repealed, SOR/2012-234, s. 1]
150 [Repealed, SOR/2012-234, s. 1]
151 [Repealed, SOR/2012-234, s. 1]
152 The review of an application made by a person pursuant to subsection 140(4) of the Act shall be made by a panel that consists of at least one member of the Board.
153 In all other cases, a review of the case of an offender pursuant to the Act shall be made by a panel that consists of at least two members of the Board.
154 In the case of a panel consisting of more than one member, a decision of the Board in respect of any review of the case of an offender shall be rendered by a majority of the members of the panel but where there is no majority, the case of the offender shall be referred to a new panel of members who were not members of the previous panel.
- SOR/2012-234, s. 2
Unescorted Temporary Absences
155 For the purposes of sections 116 and 117 of the Act, the releasing authority may authorize an unescorted temporary absence of an offender
(a) for medical reasons to allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;
(b) for administrative reasons to allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving;
(c) for community service purposes to allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;
(d) for family contact purposes to assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender’s release;
(e) for parental responsibility reasons to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child;
(f) for personal development for rehabilitative purposes to allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, and to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the offender into the community as a law-abiding citizen; and
(g) for compassionate reasons to allow the offender to attend to urgent matters affecting the members of the offender’s immediate family or other persons with whom the offender has a close personal relationship.
- Date modified: