Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-01-08 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Independent External Decision-Maker (continued)

Reviews

  •  (1) For the purposes of section 37.9 of the Act, the independent external decision-maker shall review the following:

    • (a) the case of an inmate who was authorized to be transferred to a structured intervention unit at least four times within a period of 180 consecutive days and, during which period, the matter was not referred to the independent external decision-maker for the purposes of making a determination in accordance with section 37.8 of the Act; and

    • (b) at the request of the Service, the case of an inmate who is or was authorized to be transferred to a structured intervention unit.

  • (2) Sections 37.7 to 37.73 of the Act apply to any review made by the independent external decision-maker set out in paragraphs (1)(a) and (b).

  • (3) The independent external decision-maker shall make recommendations and provide them, in writing, to the inmate, to the Correctional Investigator and to the Commissioner.

  • SOR/2019-299, s. 9

Health Care

Admission

  •  (1) If a registered health care professional refers the case of an inmate for admission to a health care unit, the decision to admit the inmate is made by the health services official designated by Commissioner’s Directive and in accordance with the criteria set out in that Directive.

  • (2) The inmate shall be given written notice of any decision with respect to their admission to a health care unit, including the reasons for the decision.

  • SOR/2019-299, s. 9

Transfer

  •  (1) An inmate may be transferred to a health care unit in accordance with paragraph 29(b) or (c) of the Act only if they have been admitted to the health care unit in accordance with subsection 23.08(1) of these Regulations.

  • (2) The inmate shall be given written notice of any refusal to transfer them to a health care unit, including the reasons for the refusal.

  • SOR/2019-299, s. 9

Discharge

  •  (1) An inmate may be discharged from a health care unit when the health services official designated by Commissioner’s Directive determines, in accordance with the criteria set out in that Directive, that the inmate should be discharged.

  • (2) Once the inmate is discharged from a health care unit, they shall be transferred in accordance with section 29 or subsection 29.01(1) of the Act.

  • (3) An inmate shall be given written notice of any decision to discharge them from the health care unit, including the reasons for the decision.

  • SOR/2019-299, s. 9

Inmate Discipline

Independent Chairpersons

  •  (1) The Minister shall appoint

    • (a) a person, other than a staff member or an offender, who has knowledge of the administrative decision-making process to be an independent chairperson for the purpose of conducting hearings of serious disciplinary offences; and

    • (b) a senior independent chairperson for each region from among the independent chairpersons of that region.

  • (2) A senior independent chairperson shall

    • (a) advise and, in conjunction with the Service, train the independent chairpersons in the senior independent chairperson’s region;

    • (b) promote the principle among the independent chairpersons in the senior independent chairperson’s region that similar sanctions should be imposed for similar disciplinary offences committed in similar circumstances; and

    • (c) exchange information with the senior independent chairpersons of other regions.

  • (3) A person appointed pursuant to subsection (1) shall hold office during good behaviour for a period of not more than five years, which period may be renewed by the Minister.

  • (4) An independent chairperson shall be remunerated at a rate determined by the Treasury Board and given travel and living expenses in accordance with the Treasury Board Travel Directive for travel and living expenses related to

    • (a) conducting a hearing of a disciplinary offence;

    • (b) participating in an information session;

    • (c) participating in an orientation and training session;

    • (d) participating in a consultation session with staff members or inmates; and

    • (e) performing related duties at the request of the Service.

Notice of Disciplinary Charges

  •  (1) Notice of a charge of a disciplinary offence shall

    • (a) describe the conduct that is the subject of the charge, including the time, date and place of the alleged disciplinary offence, and contain a summary of the evidence to be presented in support of the charge at the hearing; and

    • (b) state the time, date and place of the hearing.

  • (2) A notice referred to in subsection (1) shall be issued by a staff member and delivered to the inmate who is the subject of the charge as soon as practicable.

  • SOR/2019-299, s. 10

Number of Disciplinary Charges

 Where the conduct of an inmate involves a single action, simultaneous actions or a chain of uninterrupted actions, the conduct shall not give rise to more than one disciplinary charge unless the offences that are the subject of the charges are substantially different.

Hearings of Disciplinary Offences

  •  (1) Subject to subsections 30(2) and (3), a hearing of a minor disciplinary offence shall be conducted by the institutional head or a staff member designated by the institutional head.

  • (2) A hearing of a serious disciplinary offence shall be conducted by an independent chairperson, except in extraordinary circumstances where the independent chairperson or another independent chairperson is not available within a reasonable period of time, in which case the institutional head may conduct the hearing.

 A hearing of a disciplinary offence shall take place as soon as practicable but in any event not less than three working days after the inmate receives written notice of the disciplinary charge, unless the inmate consents to a shorter period.

 [Repealed, SOR/2019-299, s. 11]

  •  (1) Where the conduct of an inmate that involves a single action, simultaneous actions or a chain of uninterrupted actions gives rise to more than one disciplinary charge, all of the charges shall be heard together.

  • (2) Where, pursuant to subsection (1), charges of minor and serious disciplinary offences are to be heard together, the hearing shall be conducted by an independent chairperson.

  • (3) Where the independent chairperson determines that a charge of a serious offence should proceed as a charge of a minor offence, the independent chairperson shall amend the charge and shall conduct the hearing or refer the matter to the institutional head.

  •  (1) The person who conducts a hearing of a disciplinary offence shall give the inmate who is charged a reasonable opportunity at the hearing to

    • (a) question witnesses through the person conducting the hearing, introduce evidence, call witnesses on the inmate’s behalf and examine exhibits and documents to be considered in the taking of the decision; and

    • (b) make submissions during all phases of the hearing, including submissions respecting the appropriate sanction.

  • (2) The Service shall ensure that an inmate who is charged with a serious disciplinary offence is given a reasonable opportunity to retain and instruct legal counsel for the hearing, and that the inmate’s legal counsel is permitted to participate in the proceedings to the same extent as an inmate pursuant to subsection (1).

  •  (1) The person who conducts a hearing of a disciplinary offence shall render a decision as soon as practicable after conducting the hearing.

  • (2) The institutional head shall ensure that an inmate is given a copy of the decision of the hearing of the inmate’s case as soon as practicable after the decision is rendered.

  • SOR/2019-299, s. 12(F)
  •  (1) The Service shall ensure that all hearings of disciplinary offences are recorded in such a manner as to make a full review of any hearing possible.

  • (2) A record of a hearing shall be retained for a period of at least two years after the decision is rendered.

  • (3) An inmate shall be given reasonable access to the record of the inmate’s hearing.

 
Date modified: