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

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

  • (a) that the visit would jeopardize the security of the penitentiary or the safety of any person; and

  • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

• (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

  • (a) that the communications contain or will contain evidence of

    • (i) an act that would jeopardize the security of the penitentiary or the safety of any person, or

    • (ii) a criminal offence or a plan to commit a criminal offence; and

  • (b) that interception of the communications is the least restrictive measure available in the circumstances.

• (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

  • (a) that the grounds referred to in subsection (1) exist; and

  • (b) that the communications are not or will not be the subject of a privilege.

• (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.

• 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, without delay, inform every inmate who is arrested of their right to legal counsel and give them an opportunity to retain and instruct legal counsel.

• (2) The Service shall, without delay, inform every inmate who is the subject of any of the following of their right to legal counsel and give them a reasonable opportunity to retain and instruct legal counsel:

  • (a) an authorization to transfer to a structured intervention unit;

  • (b) a proposed involuntary transfer under section 12;

  • (c) an emergency transfer under section 13;

  • (d) an authorization of detention in a dry cell under section 51 of the Act.

• (3) The Service shall ensure that an 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.

• (4) If an inmate is given an opportunity to make representations related to a determination or review about their confinement in a structured intervention unit, the Service shall give the inmate a reasonable opportunity to retain and instruct legal counsel to assist them with the preparation and, if applicable, the presentation of those representations.

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.

CORCAN

105 CORCAN shall ensure that an inmate who participates in CORCAN activities

• (a) is fully, regularly and suitably employed in a work environment that strives to achieve private sector standards of productivity and quality so that the inmate will be better able to obtain and hold employment when the inmate returns to the community; and

• (b) is provided with programs and services that facilitate the inmate’s re-entry into the community.

106 Goods and services that are produced or made available by CORCAN may be transferred, leased, loaned or provided to

• (a) any department, branch or agency of the Government of Canada or the government of a province or to any municipality;

• (b) any charitable, non-profit, religious or spiritual organization; or

• (c) any purchaser in the ordinary course of trade under competitive conditions.

• 107 (1) CORCAN may enter into an agreement with a private sector enterprise

  • (a) for the production of goods or the provision of services; or

  • (b) for the training and employment of offenders by that enterprise.

• (2) Where an agreement referred to in subsection (1) permits the enterprise to operate a business in a penitentiary, the Service may

  • (a) recover from the enterprise any costs incurred by the Service as a result of the use of the penitentiary by the enterprise, including utilities; and

  • (b) limit, by means of a specific agreement, the liability of Her Majesty in right of Canada with respect to the enterprise’s operations in the penitentiary.

• 108 (1) The Minister shall appoint a committee, to be known as the Advisory Board of CORCAN, consisting of not more than 12 persons chosen from the fields of business, non-profit organizations, labour and government and from the general public, to support the operation of CORCAN by

  • (a) advising CORCAN on its operating plans, budgets and marketing and sales plans and on its performance;

  • (b) commenting on major initiatives of CORCAN in developing new products and markets;

  • (c) assisting the Service in building a positive public image of CORCAN; and

  • (d) representing CORCAN to labour and business organizations.

• (2) Members of the Advisory Board of CORCAN may be remunerated at a rate determined by the Treasury Board and given travel and living expenses incurred by them while absent from their ordinary place of residence in connection with the work of the Board in accordance with the Treasury Board Travel Directive.