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

• 95 (1) The institutional head or a staff member designated by the institutional head may prevent an inmate from communicating with a person by mail or telephone if

  • (a) the institutional head or staff member believes on reasonable grounds that the safety of any person would be jeopardized; or

  • (b) the intended recipient of the communication, or the parent or guardian of the intended recipient where the intended recipient is a minor, submits a request in writing to the institutional head or staff member that the intended recipient not receive any communication from the inmate.

• (2) Where an inmate is prevented under subsection (1) from communicating with a person, the institutional head or staff member designated by the institutional head, as the case may be, shall promptly inform the inmate, in writing, of the reasons and shall give the inmate an opportunity to make representations with respect thereto.

Publications, Video and Audio Materials, Films and Computer Programs

• 96 (1) The institutional head or a staff member designated by the institutional head may prohibit the entry into the penitentiary or the circulation within the penitentiary of any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds would jeopardize the security of the penitentiary or the safety of any person.

• (2) The institutional head or a staff member designated by the institutional head may prohibit the use by an inmate, including the display of, any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds

  • (a) would likely be viewed by other persons; and

  • (b) would undermine a person’s sense of personal dignity by demeaning the person or causing personal humiliation or embarrassment to a person, on the basis of race, national or ethnic origin, colour, religion or sex.

Access to Legal Counsel and Legal and Non-Legal Materials

• 97 (1) The Service shall ensure that each inmate is given, on arrest, an opportunity to retain and instruct legal counsel without delay and that every inmate is informed of their right thereto.

• (2) The Service shall ensure that every inmate is given a reasonable opportunity to retain and instruct legal counsel without delay and that every inmate is informed of the inmate’s right to legal counsel where the inmate

  • (a) is placed in administrative segregation; or

  • (b) is the subject of a proposed involuntary transfer pursuant to section 12 or has been the subject of an emergency transfer pursuant to section 13.

• (3) The Service shall ensure that every inmate has reasonable access to

  • (a) legal counsel and legal reading materials;

  • (b) non-legal materials, including

    • (i) Commissioner’s Directives, and

    • (ii) regional instructions and institutional standing orders, except those relating to security matters; and

  • (c) a commissioner for taking oaths and affidavits.

Inmate Assembly and Association

• 98 (1) The institutional head or a staff member designated by the institutional head may

  • (a) for the purpose of protecting the security of the penitentiary or the safety of any person, direct a staff member or other person to observe any assembly of inmates; or

  • (b) where the institutional head or staff member believes on reasonable grounds that any assembly of inmates or the activities of any inmate organization or committee would jeopardize the security of the penitentiary or the safety of any person, prohibit the assembly or activities.

• (2) Where the institutional head or staff member designated by the institutional head prohibits an assembly or activities under paragraph (1)(b), the institutional head or staff member shall give the inmates’ representative

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

  • (b) an opportunity to make representations with respect thereto.

• 99 (1) The institutional head or a staff member designated by the institutional head may prohibit an inmate from participating in an assembly of inmates or in the activities of an inmate organization or committee if the institutional head or staff member believes on reasonable grounds that the inmate’s participation would jeopardize the security of the penitentiary or the safety of any person.

• (2) Where the institutional head or staff member designated by the institutional head prohibits an inmate from participating in an assembly or activities under subsection (1), the institutional head or staff member shall give the inmate

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

  • (b) an opportunity to make representations with respect thereto.

Religion and Spirituality

• 100 (1) Every inmate shall be entitled to express the inmate’s religion or spirituality in accordance with section 75 of the Act to the extent that the expression of the inmate’s religion or spirituality does not

  • (a) jeopardize the security of the penitentiary or the safety of any person; or

  • (b) involve contraband.

• (2) Sections 98 and 99 apply in respect of any assembly of inmates held for the purpose of expressing a religion or spirituality.

101 The Service shall ensure that, where practicable, the necessities that are not contraband and that are reasonably required by an inmate for the inmate’s religion or spirituality are made available to the inmate, including

• (a) interfaith chaplaincy services;

• (b) facilities for the expression of the religion or spirituality;

• (c) a special diet as required by the inmate’s religious or spiritual tenets; and

• (d) the necessities related to special religious or spiritual rites of the inmate.

Programs for Inmates

Correctional Plans

• 102 (1) The institutional head shall ensure that a correctional plan for an inmate is developed as soon as practicable after the reception of the inmate in the penitentiary, and is maintained, with the inmate to ensure that the inmate receives the most effective programs at the appropriate time in the inmate’s sentence to prepare the inmate for reintegration into the community, on release, as a law-abiding citizen.

• (2) When considering program selection for, or the transfer or conditional release of, an inmate, the Service shall take into account the inmate’s progress towards meeting the objectives set out in the inmate’s correctional plan.

Exemption from Work

103 No person shall require an inmate to perform work that a qualified medical practitioner has certified the inmate is not physically fit to perform.

Inmate Pay

• 104 (1) Subject to subsection (3), where an inmate, without reasonable excuse, refuses to participate in a program for which the inmate is paid pursuant to section 78 of the Act or leaves that program, the institutional head or a staff member designated by the institutional head may

  • (a) suspend the inmate’s participation in the program for a specified period of not more than six weeks; or

  • (b) terminate the inmate’s participation in the program.

• (2) Where the institutional head or staff member suspends participation in a program under subsection (1), the inmate shall not be paid during the period of the suspension.

• (3) Where the institutional head or a staff member designated by the institutional head suspends or terminates participation in a program under subsection (1), the institutional head or staff member may reduce or cancel the period of the suspension or cancel the termination where

  • (a) taking into account all of the circumstances of the case, it is reasonable to do so; and

  • (b) the inmate indicates a willingness to resume the program.

• (4) [Repealed, SOR/96-108, s. 1]

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.