Corrections and Conditional Release Regulations (SOR/92-620)
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Regulations are current to 2020-12-28 and last amended on 2019-11-30. Previous Versions
PART ICorrections (continued)
Living Conditions (continued)
Inmates’ Effects
84 The institutional head shall take all reasonable steps to ensure that the effects of an inmate that are permitted to be taken into and kept in the penitentiary are protected from loss or damage.
85 (1) Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate’s personal effects
(2) The institutional head shall not dispose of an inmate’s effects under subsection (1) unless the institutional head has taken all reasonable steps to determine
(a) that the inmate is not in custody in Canada;
(b) that, where the inmate is in custody in a foreign state, no extradition application is contemplated and the inmate has not applied to the foreign state for a transfer to Canada pursuant to an agreement between that state and Canada; and
(c) that the inmate does not have a next of kin to whom the effects can be sent.
(3) Where the institutional head disposes of an inmate’s personal effects, other than legal or official documents, under subsection (1), the institutional head may
(4) Where the institutional head, under subsection (1), disposes of an inmate’s personal effects that are legal or official documents, the institutional head shall dispose of the effects in accordance with the instructions of the Public Trustee or other appropriate official of the province in which the penitentiary is located.
Interviews
86 The Commissioner shall, while visiting a penitentiary, provide a reasonable opportunity for an interview with any inmate who has a concern respecting any matter referred to in section 70 of the Act and who requests an interview with the Commissioner.
87 The institutional head shall provide any inmate who requests an interview with the institutional head with a reasonable opportunity for an interview.
Correspondence
88 The Service shall ensure that a person is available to any inmate who is unable to read or write to assist the inmate in preparing and reading the inmate’s correspondence
(a) in the official language of the inmate’s choice; or
(b) where practicable, in another language of the inmate’s choice.
89 (1) Subject to subsection 94(1), a staff member may inspect an envelope or a package sent or received by an inmate to the extent necessary to determine whether the envelope or package contains contraband, but the staff member may not read the contents of the envelope or package.
(2) Sections 57 to 59 apply in respect of contraband that is in the possession of the Service as a result of an inspection referred to in subsection (1).
Visits
90 (1) Every inmate shall have a reasonable opportunity to meet with a visitor without a physical barrier to personal contact unless
(2) The institutional head or a staff member designated by the institutional head may, for the purpose of protecting the security of the penitentiary or the safety of any person, authorize the visual supervision of a visiting area by a staff member or a mechanical device, and the supervision shall be carried out in the least obtrusive manner necessary in the circumstances.
(3) The Service shall ensure that every inmate can meet with the inmate’s legal counsel in private interview facilities.
- SOR/2015-171, s. 7
91 (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize the refusal or suspension of a visit to an inmate where the institutional head or staff member suspects on reasonable grounds
(2) Where a refusal or suspension is authorized under subsection (1),
(a) the refusal or suspension may continue for as long as the risk referred to in that subsection continues; and
(b) the institutional head or staff member shall promptly inform the inmate and the visitor of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto.
- SOR/2015-171, s. 8
92 (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize a complete suspension of the visiting rights of all inmates in a penitentiary where the security of the penitentiary is significantly jeopardized and no less restrictive measure is available.
(2) Every complete suspension of visiting rights under subsection (1), shall be reviewed by
Visits by Parliamentarians and Judges
93 (1) No institutional head shall authorize the refusal or suspension of a visit, pursuant to section 72 of the Act, of a member of the House of Commons, a Senator or a judge, unless the institutional head believes on reasonable grounds
(2) Where the institutional head authorizes a refusal or suspension under subsection (1), the institutional head shall promptly inform the member of the House of Commons, the Senator or the judge and, where applicable, the inmate being visited of the reasons for the refusal or suspension and shall give the member of the House of Commons, the Senator or the judge and, where applicable, the inmate an opportunity to make representations with respect thereto.
Intercepting Communications
94 (1) Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds
(2) No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule, by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable grounds
(3) Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.
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