Corrections and Conditional Regulations

SOR/92-620

Registration 1992-10-29

Regulations Respecting Corrections and the Conditional Release and Detention of Offenders

P.C. 1992-2223 1992-10-29

His Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, present to sections 96 and 156 of the Corrections and Conditional Release Act*, is pleased hereby to revoke the Penitentiary Service Regulations, C.R.C., c. 1251, the Parole Regulations**, made by Order in Council P.C. 1978-1528 of May 4, 1978***, and the Penitentiary Inmates Accident Compensation Regulations, made by Order in Council P.C. 1982-1026 of April 1, 1982****, and to make the annexed Regulations respecting corrections and the conditional release and detention of offenders, in substitution therefore, effective on the day the Corrections and Conditional Release Act comes into force.

*S.C. 1992, c. 20
**SOR/91-563, 1991 Canada Gazette Part II, p. 3309
***SOR/78-428, 1978 Canada Gazette Part II, p. 2220
****SOR/82-385, 1982 Canada Gazette Part II, p. 1465


Table of Contents


SHORT TITLE

1 These Regulations may be cited as the Corrections and Conditional Release Regulations.

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INTERPRETATION

2 In these Regulations,

Act means the Corrections and Conditional Release Act; (Loi)

CORCAN means the part of the Service that is responsible for penitentiary industry; (CORCAN)

correctional plan means a correctional plan developed in accordance with section 102; (plan correctionnel)

independent chairperson means a person appointed pursuant to section 24 to conduct hearings of serious disciplinary offences; (président indépendant)

inmate grievance committee means a committee that is established in a penitentiary for the purpose of reviewing inmates’ grievances and making recommendations with respect thereto to the institutional head and that consists of an equal number of inmates and staff members; (comité d’examen des griefs des détenus)

net approved earnings, in respect of an inmate, means the inmate’s income per pay period from pensions, institutional work, programs referred to in paragraph 78(1)(a)of the Act, authorized employment in the community and sales of hobby crafts, less any deductions made for the purposes of reimbursement pursuant to subsection 104(4); (gains nets approuvés)

offender means

  • (a) in Part I, an offender as defined in section 2 of the Act, and
  • (b) in Part II, an offender as defined in section 99 of the Act; (délinquant)

outside review board means a committee of members of the community, other than staff members or inmates, that is established for the purpose of reviewing inmates’ grievances and making recommendations with respect thereto to the person who is reviewing the inmate’s grievance; (comité externe d’examen des griefs)

parole supervisor has the same meaning as in subsection 134(2) of the Act; (surveillant de liberté conditionnelle)

region means one of the following regions, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region; (région)

releasing authority has the same meaning as in subsection 133(1) of the Act; (autorité compétente)

secure area means an area within a penitentiary that is designated by the institutional head by means of institutional standing orders for that purpose. (secteur de sécurité)

unauthorized item means an item that is not authorized by a Commissioner’s Directives or by a written order of the institutional head and that an inmate possesses without prior authorization; (objet non autorisé)

working day has the same meaning as in subsection 93(5) of the Act. (jour ouvrable)

SOR/2015-171, s. 1.

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PART I
CORRECTIONS

General

Duties

3 Every staff member shall

  • (a) be familiar with the Act, these Regulations and every written policy directive that relates to the staff member’s duties;
  • (b) perform the staff member’s duties impartially and diligently and in accordance with the principles set out in the Act and in the Mission of the Correctional Service of Canada , published by the Service, as amended from time to time; and
  • (c) encourage and assist offenders to become law-abiding citizens.

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4 An institutional head is responsible, under the direction of the Commissioner, for

  • (a) the care, custody and control of all inmates in the penitentiary;
  • (b) the management, organization and security of the penitentiary; and
  • (c) the direction and work environment of staff members.

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Authorization

5 (1) A staff member who is designated by name or position for that purpose in Commissioner’s Directives may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by any of the following provisions of the Act:

(2) A staff member who is assigned responsibility for liaison with victims in Commissioner’s Directives may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by section 26 of the Act.

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6 A staff member who is designated by name or position by an institutional head for that purpose in institutional standing orders that are readily accessible to the inmates may exercise the powers, perform the duties or carry out the functions that are assigned to the institutional head by any of the following provisions of the Act:

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Citizen Advisory Committees

7 (1) An institutional head or a person responsible for a parole office may, in accordance with this section, set up a Citizen Advisory Committee that consists of members of the community in which the penitentiary or parole office is situated to promote and facilitate the involvement of members of the community in the operation of the Service.

(2) An institutional head or a person responsible for a parole office shall ensure that the Citizen Advisory Committee is representative of the community in which the penitentiary or parole office, as the case may be, is situated.

(3) No staff member or offender may be appointed to a Citizen Advisory Committee.

(4) A Citizen Advisory Committee

  • (a) may advise an institutional head or a person responsible for a parole office on any matter within the institutional head’s or person’s jurisdiction; and
  • (b) shall make itself available for discussions and consultations with the public, offenders, staff members and Service management.

(5) The institutional head or a person responsible for a parole office shall ensure that the members of the Citizen Advisory Committee that relates to the penitentiary or parole office have reasonable access, for the purpose of carrying out the functions of the Committee, to

  • (a) every part of the penitentiary or parole office;
  • (b) every staff member of the penitentiary or parole office;
  • (c) any offender in the penitentiary or under the supervision of the parole office; and
  • (d) any hearing, conducted under this Part or Part I of the Act, respecting an offender in the penitentiary or under the supervision of the parole office, if the offender consents to the access.

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Inmates’ Attendance at Judicial Proceedings

8 (1) Where an inmate is an applicant for a reduction in the inmate’s number of years of imprisonment without eligibility for parole, pursuant to section 745 of the Criminal Code , the Commissioner shall ensure that the inmate is produced in court for the purpose of attending the hearing of the application, where

  • (a) the court requires that the inmate be present at the hearing; or
  • (b) the inmate requests to be present at the hearing.

(2) The Commissioner or a staff member designated by the Commissioner may authorize the transfer of an inmate to another penitentiary or to a provincial correctional facility where the transfer is necessary to facilitate the inmate’s attendance at a judicial proceeding.

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Escorted Temporary Absences and Work Releases

9 For the purposes of paragraph 17(1)(b) of the Act, the institutional head may authorize an escorted temporary absence of an inmate

  • (a) for medical reasons to allow the inmate to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;
  • (b) for administrative reasons to allow the inmate to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the inmate is serving;
  • (c) for community service purposes to allow the inmate 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 inmate in maintaining and strengthening family ties as a support to the inmate while in custody and as a potential community resource on the inmate’s release;
  • (e) for parental responsibility reasons to allow the inmate 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 inmate and the child;
  • (f) for personal development for rehabilitative purposes to allow the inmate to participate in specific treatment activities with the goal of reducing the risk of the inmate re-offending, and to allow the inmate 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 inmate into the community as a law-abiding citizen; or
  • (g) for compassionate reasons to allow the inmate to attend to urgent matters affecting the members of the inmate’s immediate family or other persons with whom the inmate has a close personal relationship.

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10 (1) The power of the Commissioner under paragraph 17(1)(f) of the Act to approve non-medical escorted temporary absences for a period exceeding five days but not exceeding fifteen days may be exercised by the head of the region.

(2) The power of the Commissioner under subsection 18(2) of the Act to approve a work release where the duration of the work release is to exceed 60 days may be exercised by the head of the region.

Corresponding Act: Sections 17 Escorted Temporary Absences & Section 18 Work Release

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Placement and Transfers

11 An institutional head shall ensure that an inmate is informed in writing of the reasons for the placement of the inmate in a particular penitentiary and that the inmate is given an opportunity to make representations with respect thereto,

  • (a) where the penitentiary placement process takes place in a provincial correctional facility, within two weeks after the initial placement of the inmate in a penitentiary; or
  • (b) where the penitentiary placement process takes place in a penitentiary, before the transfer of the inmate to the assigned penitentiary but after the initial reception process.

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12 Before the transfer of an inmate pursuant to section 29 of the Act, other than a transfer at the request of the inmate, an institutional head or a staff member designated by the institutional head shall

  • (a) give the inmate written notice of the proposed transfer, including the reasons for the proposed transfer and the proposed destination;
  • (b) after giving the inmate a reasonable opportunity to prepare representations with respect to the proposed transfer, meet with the inmate to explain the reasons for the proposed transfer and give the inmate an opportunity to make representations with respect to the proposed transfer in person or, if the inmate prefers, in writing;
  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and
  • (d) give the inmate written notice of the final decision respecting the transfer, and the reasons for the decision,
    • (i) at least two days before the transfer if the final decision is to transfer the inmate, unless the inmate consents to a shorter period; and
    • (ii) within five working days after the decision if the final decision is not to transfer the inmate.

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13 (1) Section 12 does not apply where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the security of the penitentiary or the safety of the inmate or any other person.

(2) Where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the reasons set out in subsection (1), the institutional head of the penitentiary to which the inmate is transferred or a staff member designated by that institutional head shall

  • (a) meet with the inmate not more than two working days after the transfer to explain the reasons for the transfer and give the inmate an opportunity to make representations with respect to the transfer in person or, if the inmate prefers, in writing;
  • (b) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and
  • (c) give the inmate, within five working days after the final decision, written notice of the final decision respecting the transfer and the reasons for the decision.

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14 Where an inmate is transferred pursuant to section 29 of the Act for assessment purposes and after the assessment a recommendation is made to keep the inmate in the penitentiary in which the assessment was made, the institutional head of that penitentiary or a staff member designated by the institutional head shall

  • (a) give the inmate written notice of the recommendation, including the reasons for the recommendation;
  • (b) after giving the inmate a reasonable opportunity to prepare representations with respect to the recommendation, meet with the inmate to explain the reasons for the recommendation and give the inmate an opportunity to make representations with respect to the recommendation in person or, if the inmate prefers, in writing;
  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and
  • (d) give the inmate written notice of the final decision respecting the recommendation and the reasons for the decision, within two working days after the final decision.

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15 Where an inmate submits a request for a transfer referred to in section 29 of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) shall consider the request and give the inmate written notice of the decision, within 60 days after the submission of the request, including the reasons for the decision if the decision is to deny the request.

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16 Every transfer of an inmate made pursuant to section 29 of the Act shall be effected by a warrant to transfer signed by the Commissioner or by a staff member designated in accordance with paragraph 5(1)(b).

Corresponding Act: Sections 28-29 Placement and Transfers of Inmates

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Security Classification

17 The Service shall take the following factors into consideration in determining the security classification to be assigned to an inmate pursuant to section 30 of the Act:

  • (a) the seriousness of the offence committed by the inmate;
  • (b) any outstanding charges against the inmate;
  • (c) the inmate’s performance and behaviour while under sentence;
  • (d) the inmate’s social, criminal and, if available, young-offender history and any dangerous offender designation under the Criminal Code;
  • (e) any physical or mental illness or disorder suffered by the inmate;
  • (f) the inmate’s potential for violent behaviour; and
  • (g) the inmate’s continued involvement in criminal activities.

SOR/2008-198, s. 1.

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18 For the purposes of section 30 of the Act, an inmate shall be classified as

  • (a) maximum security where the inmate is assessed by the Service as
    • (i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or
    • (ii) requiring a high degree of supervision and control within the penitentiary;
  • (b) medium security where the inmate is assessed by the Service as
    • (i) presenting a low to moderate probability of escape and a moderate risk to the safety of the public in the event of escape, or
    • (ii) requiring a moderate degree of supervision and control within the penitentiary; and
  • (c) minimum security where the inmate is assessed by the Service as
    • (i) presenting a low probability of escape and a low risk to the safety of the public in the event of escape, and
    • (ii) requiring a low degree of supervision and control within the penitentiary.

Corresponding Act: Sections 30 Security Classification

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Administrative Segregation

19 Where an inmate is involuntarily confined in administrative segregation, the institutional head or a staff member designated in accordance with paragraph 6(1)(c) shall give the inmate notice in writing of the reasons for the segregation within one working day after the inmate’s confinement.

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20 Where an inmate is involuntarily confined in administrative segregation by a staff member designated in accordance with paragraph 6(1)(c), the institutional head shall review the order within one working day after the confinement and shall confirm the confinement or order that the inmate be returned to the general inmate population.

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21 (1) Where an inmate is involuntarily confined in administrative segregation, the institutional head shall ensure that the person or persons referred to in section 33 of the Act who have been designated by the institutional head, which person or persons shall be known as a Segregation Review Board, are informed of the involuntary confinement.

(2) A Segregation Review Board referred to in subsection (1) shall conduct a hearing

  • (a) within five working days after the inmate’s confinement in administrative segregation; and
  • (b) at least once every 30 days thereafter that the inmate remains in administrative segregation.

(3) The institutional head shall ensure that an inmate who is the subject of a Segregation Review Board hearing pursuant to subsection (2)

  • (a) is given, at least three working days before the hearing, notice in writing of the hearing and the information that the Board will be considering at the hearing;
  • (b) is given an opportunity to be present and to make representations at the hearing; and
  • (c) is advised in writing of the Board’s recommendation to the institutional head and the reasons for the recommendation.

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22 Where an inmate is confined in administrative segregation, the head of the region or a staff member in the regional headquarters who is designated by the head of the region shall review the inmate’s case at least once every 60 days that the inmate remains in administrative segregation to determine whether, based on the considerations set out in section 31 of the Act, the administrative segregation of the inmate continues to be justified.

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23 Where an inmate is voluntarily confined in administrative segregation by a staff member designated in accordance with paragraph 6(1)(c), the institutional head shall review the order within one working day after the confinement and shall confirm the confinement or order that the inmate be returned to the general inmate population.

Corresponding Act: Sections 31-37 Administrative Segregation

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Inmate Discipline

Independent Chairpersons

24 (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.

Corresponding Act: Sections 38-44 Discipline

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Notice of Disciplinary Charges

25 (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 and delivered to the inmate who is the subject of the charge, by a staff member as soon as practicable.

Corresponding Act: Sections 38-44 Discipline

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Number of Disciplinary Charges

26 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.

Corresponding Act: Sections 38-44 Discipline

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Hearings of Disciplinary Offences

27 (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.

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28 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.

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29 Where an inmate who is charged with a disciplinary offence is placed in administrative segregation as a result of the conduct that gave rise to the disciplinary charge, that inmate’s hearing shall be given priority over any other hearings of disciplinary offences.

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30 (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.

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31 (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).

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32 (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.

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33 (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.

Corresponding Act: Sections 38-44 Discipline

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Sanctions

34 Before imposing a sanction described in section 44 of the Act, the person conducting a hearing of a disciplinary offence shall consider

  • (a) the seriousness of the offence and the degree of responsibility the inmate bears for its commission;
  • (b) the least restrictive measure that would be appropriate in the circumstances;
  • (c) all relevant aggravating and mitigating circumstances, including the inmate’s behaviour in the penitentiary;
  • (d) the sanctions that have been imposed on other inmates for similar disciplinary offences committed in similar circumstances;
  • (e) the nature and duration of any other sanction described in section 44 of the Act that has been imposed on the inmate, to ensure that the combination of the sanctions is not excessive;
  • (f) any measures taken by the Service in connection with the offence before the disposition of the disciplinary charge; and
  • (g) any recommendations respecting the appropriate sanction made during the hearing.

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35 (1) The maximum number of days of privileges that may be lost by an inmate pursuant to paragraph 44(1)(b) of the Act is

  • (a) seven days, for a minor disciplinary offence; and
  • (b) 30 days, for a serious disciplinary offence.

(2) A sanction of the loss of privileges

  • (a) shall be limited to a loss of access to activities that are recreational in nature; and
  • (b) shall not be imposed where the loss of privileges would be contrary to the inmate’s correctional plan.

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36 (1) The maximum amount of restitution that may be ordered to an inmate pursuant to paragraph 44(1)(c) of the Act is

  • (a) $50, for a minor disciplinary offence; and
  • (b) $500, for a serious disciplinary offence.

(2) An order to make restitution is limited to monetary restitution for the ascertained value of any loss of, or damage to, property that results from the commission of the disciplinary offence.

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37 The maximum fine that may be ordered pursuant to paragraph 44(1)(d) of the Act is

  • (a) $25, for a minor disciplinary offence; and
  • (b) $50, for a serious disciplinary offence.

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38 (1) A sanction of restitution or of a fine shall not be imposed pursuant to subsection 44(1) of the Act unless the inmate’s financial means have been considered, and where a sanction of restitution or of a fine would both be appropriate sanctions and the limited means of the inmate make it possible to impose only one of those sanctions, the sanction of restitution shall be imposed.

(2) A sanction of restitution or of a fine imposed pursuant to subsection 44(1) of the Act may allow time for payment and may provide for periodic partial payments.

(3) A sanction of restitution or of a fine shall be recovered by deductions from an inmate’s net approved earnings.

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39 (1) The maximum number of hours of extra duties that may be ordered pursuant to paragraph 44(1)(e) of the Act is

  • (a) 10 hours, for a minor disciplinary offence; and
  • (b) 30 hours, for a serious disciplinary offence.

(2) A sanction to perform extra duties imposed pursuant to paragraph 44(1)(e) of the Act shall specify the type of duties and, subject to subsection (3), the period within which the duties are to be performed.

(3) An inmate shall not be paid for the performance of extra duties imposed as a sanction and shall perform those duties during the inmate’s free time.

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40 (1) Subject to subsection (2), where an inmate is ordered to serve a period of segregation pursuant to paragraph 44(1)(f) of the Act while subject to a sanction of segregation for another serious disciplinary offence, the order shall specify whether the two periods of segregation are to be served concurrently or consecutively.

(2) Where the sanctions of segregation referred to in subsection (1) are to be served consecutively, the total period of segregation imposed by those sanctions shall not exceed 45 days.

(3) An inmate who is serving a period of segregation as a sanction for a disciplinary offence shall be accorded the same conditions of confinement as would be accorded to an inmate in administrative segregation.

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41 (1) Where an inmate is found guilty of a disciplinary offence, the carrying out of the sanction may be suspended

  • (a) in the case of a minor disciplinary offence, by the institutional head or a staff member designated by the institutional head, subject to the condition that the inmate is not found guilty of another disciplinary offence committed during a specific period fixed by the institutional head or staff member, which period shall not be longer than 21 days after the date of imposition of the sanction; and
  • (b) in the case of a serious disciplinary offence, by the independent chairperson, subject to the condition that the inmate is not found guilty of another serious disciplinary offence committed during a period fixed by the independent chairperson, which period shall not be longer than 90 days after the date of imposition of the sanction.

(2) Where an inmate no longer meets a condition referred to in subsection (1), the inmate shall carry out the sanction that was suspended.

(3) The institutional head may, on humanitarian grounds or for rehabilitative purposes, cancel a sanction imposed pursuant to section 44 of the Act.

Corresponding Act: Sections 38-44 Discipline

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Contraband

42 (1) For the purposes of this section, minimum-security penitentiary, medium-security penitentiary, maximum-security penitentiary and multiple-security-level penitentiary mean penitentiaries, other than community correctional centres, designated as such in Commissioner’s Directives.

(2) For the purposes of paragraph (d) of the definition contraband in section 2 of the Act, the following are the prescribed limits on currency:

  • (a) in the case of a visitor
    • (i) in a minimum-security penitentiary, the limit is $50, and
    • (ii) in a medium-security penitentiary, maximum-security penitentiary or multiple-security-level penitentiary, the limit is $25; and
  • (b) in the case of an inmate, the limit is $0.00, except as authorized pursuant to paragraph (d) of the definition contraband in section 2 of the Act.

Corresponding Act: Sections 38-44 Discipline

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Search and Seizure

Manner of Carrying out Searches

43 A non-intrusive search shall be carried out by means of a hand-held scanner, a walk-through scanner whereby the person being searched is required to walk through a metal detector scanner, or any similar non-intrusive device.

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44 A frisk search shall be carried out from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

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45 A strip search shall consist of a visual inspection of the person by a staff member, in the course of which inspection the person being searched shall undress completely in front of the staff member and may be required to open the person’s mouth, display the soles of their feet, run their fingers through their hair, present open hands and arms, bend over or otherwise enable the staff member to perform the visual inspection.

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46 A strip search and a body cavity search shall be carried out in a private area that is out of sight of every other person except for one staff member of the same sex as the person being searched, which staff member is required to be present as a witness unless, in the case of a strip search, the search is an emergency as described in subsection 49(4) of the Act.

Corresponding Act: Sections 46-67 Search and Seizure

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Warriner v. Kingston Penitentiary (1991), 39 F.T.R. 285, [1991] 2 F.C. 88 (F.C.T.D.) - An inmate sought judicial review of a disciplinary court conviction. The ground claimed for the relief sought was that the offence, failure to obey a lawful order, related to an order to bend over to expose the rectal cavity during the course of a strip search, an order not authorized by law. The inmate argued that the order was not provided for within the Penitentiary Act or the Penitentiary Service Regulations, and that it infringed rights guaranteed by section 7 and 8 of the Charter. The Federal Court dismissed the application. The Court highlighted that the search in question was limited to the requirement to bend over to permit visual inspection of the anal cavity area as an incident in the course of a strip search or skin frisk, following an open contact visit by the inmate. For the Court, the search in this case was in accord with a CD and Standing Orders of the institution. While CDs and Standing Orders of a penitentiary are not technically considered law, they are for internal administration, guidance and regulation of the penitentiary within the Correctional Service. The CD and Standing order here concerned do not extend beyond, and are not inconsistent with, the broad purposes of section 41(2)(c) of the Regulations and were authorized by that section; thus, they were authorized by law, as was the order to bend over which was issued in accord with the Standing Orders and CD. While the order necessarily infringed upon privacy of the inmate, it was an integral part of the search process, and did not violate the inmate's freedom from unreasonable search as protected by section 8 of the Charter. The order did not violate section 7 of the Charter as the Court concluded that it was unlikely that the framers of the Charter intended to preclude by section 7 searches of a nature not precluded by section 8.

Searches of Inmates

47 A staff member of either sex may conduct a routine non-intrusive search or a routine frisk search of an inmate where

  • (a) the inmate is entering or leaving a penitentiary or a secure area;
  • (b) the inmate is entering or leaving the open or family- visiting area of a penitentiary;
  • (c) the inmate is entering or leaving a work or activity area in a penitentiary;
  • (d) the inmate is entering or leaving a segregation area;
  • (e) the inmate is on a temporary absence outside the penitentiary;
  • (f) the inmate has been requested to submit to urinalysis and the search is conducted immediately before the commencement of the collection process described in section 66 ; or
  • (g) the institutional head determines that there is an opportunity for the introduction of contraband into the penitentiary and the institutional head specifically authorizes such searches in writing.

SOR/2015-171, s. 2.

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48 A staff member of the same sex as an inmate may conduct a routine strip search of the inmate where

  • (a) the inmate is entering or leaving a penitentiary or a secure area;
  • (b) the inmate is leaving the open visiting area of a penitentiary;
  • (c) the inmate is entering or leaving the family-visiting area of a penitentiary; or
  • (d) the inmate is leaving a work area in a penitentiary, if the inmate has had access to an item that may constitute contraband and that may be secreted on the inmate’s body.

SOR/2015-171, s. 3.

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49 (1) A person referred to in subsection 47(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 47(1) of the Act.

(2) A person referred to in subsection 49(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 49(1) of the Act.

(3) Training in conducting a search referred to in subsection (1) or (2) shall consist of the training related to search procedures that is contained in the staff orientation and training program provided by the Service.

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50 The power of the institutional head to authorize strip searches of inmates pursuant to paragraph 49(3)(b) of the Act may be exercised by a staff member who is in a more senior position than the staff member referred to in subsection 49(3) of the Act.

Corresponding Act: Sections 46-67 Search and Seizure

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Searches of Cells

51 (1) A staff member may, without individualized suspicion, conduct searches of cells and their contents on a periodic basis where the searches are designed to detect, through the systematic examination of areas of the penitentiary that are accessible to inmates, contraband and other items that may jeopardize the security of the penitentiary or the safety of persons and are conducted in accordance with a search plan

  • (a) that sets out
    • (i) when the searches are to take place,
    • (ii) the locations of the searches, and
    • (iii) the means that may be used to conduct the searches; and
  • (b) that is approved by the institutional head as being in accordance with the purposes of this subsection.

(2) Where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

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52 (1) Subject to subsection (3), where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate’s cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

(2) Subject to subsection (3), where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

(3) A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member in accordance with subsections (1) and (2), respectively, where the staff member believes on reasonable grounds that delaying a search in order to comply with those subsections would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

Corresponding Act: Sections 46-67 Search and Seizure

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Emergency Searches of Cells

53 Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the institutional head may authorize a search of cells and their contents by a staff member.

Corresponding Act: Sections 46-67 Search and Seizure

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Searches of Visitors

54 (1) A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, when the visitor is entering or leaving a penitentiary or a secure area.

(2) If a visitor refuses to undergo a search referred to in subsection (1), the institutional head or a staff member designated by the institutional head may

  • (a) prohibit a contact visit with an inmate and authorize a non-contact visit; or
  • (b) require the visitor to leave the penitentiary forthwith.

SOR/2015-171, s. 4.

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Corresponding Act: Sections 46-67 Search and Seizure

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R v. Bobier (1998), 40 W.C.B. (2d) 6, [1998] S.J. No.654 (Sask.Prov.Ct.) - There had been a suspicion by a correctional officer that the inmate the accused was visiting was dealing drugs within the institution and, as a result, the inmate's telecommunications were then intercepted by correctional authorities pursuant to an authorization issued by the institutional director. Based upon information gained from the intercepted telephone communications, police and corrections authorities had then been waiting for the accused at the time of his next visit. The court held that while the information derived from the intercepted telecommunications might have been authorized for the inmate, if used for very specific purposes under the Act, it was not authorized according to the process required when a private citizen was being investigated by authorities. Thus, it could not be said that any information gathered about the accused through the interception of telecommunications of the inmate was collected lawfully. Section 54 of the CCR Regulations provided for searches of visitors when "entering or leaving" a penitentiary but the accused had not been entering or leaving the institution when his telephone conversations were recorded. While the Crown also argued that the posting of warnings in the institution to inmates and visitors that their communications would be monitored meant that the accused should have known his calls could be recorded and gave an implied consent to that interception, the involuntary surrender of privacy rights in a visitor centre of an institution did not represent a consent in the free sense used in the Criminal Code. Moreover, the conversations had been intercepted while the accused was in his private residence, and it strained credibility to suggest that private citizens were forewarned that any conversation they had with an inmate would be monitored by law enforcement officials from any branch of the state.

Searches of Vehicles

55 (1) A staff member may, by stopping a vehicle and inspecting the vehicle and its contents, conduct a routine search of a vehicle, without individualized suspicion, where

  • (a) the vehicle is entering or leaving penitentiary property;
  • (b) the vehicle is entering or leaving a secure area on penitentiary property;
  • (c) the vehicle is in an area on penitentiary property to which access is restricted or prohibited; or
  • (d) the vehicle is on penitentiary property at a time when visitors are not normally permitted to be at the penitentiary.

(2) Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in a vehicle on penitentiary property, the institutional head may authorize a search of the vehicle and its contents by a staff member.

Corresponding Act: Sections 46-67 Search and Seizure

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Searches of Staff Members

56 A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, when that other staff member is entering or leaving the penitentiary or a secure area.

SOR/2015-171, s. 5.

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Corresponding Act: Sections 46-67 Search and Seizure

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Seizure

57 Where a staff member or other authorized person seizes an item during a search conducted pursuant to any of sections 47 to 64 of the Act, the staff member or authorized person shall, as soon as practicable,

  • (a) issue a receipt to the person from whom the item is seized; and
  • (b) submit the item to the institutional head or a staff member designated by the institutional head or, in the case of a seizure pursuant to subsection 66(2) of the Act, to the person in charge of the community-based residential facility.

Corresponding Act: Sections 46-67 Search and Seizure

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Reports Relating to Searches and Seizures

58 (1) A person who conducts a search pursuant to any of sections 47 to 64 of the Act shall prepare and submit to the institutional head or a staff member designated by the institutional head, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search where

  • (a) the search is a non-routine strip search conducted pursuant to any of subsections 49(3) and (4) and 60(2) and (3) and paragraph 64(1)(b) of the Act;
  • (b) the search is a search conducted pursuant to section 51 or 52 of the Act;
  • (c) the search is a routine strip search conducted under section 48 of the Act which necessitated the use of force;
  • (d) the search is an emergency search of an inmate, a vehicle or a cell; or
  • (e) the staff member or other authorized person seizes an item in the course of the search.

(2) Every employee of a community-based residential facility who conducts a search pursuant to section 66 of the Act shall prepare and submit to the person in charge of the facility, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

(3) Every institutional head who authorizes a search of all inmates pursuant to section 53 of the Act shall prepare and submit to the head of the region, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

(4) A post-search report shall be in writing and shall contain

  • (a) the date, time and place of the search;
  • (b) a description of every item seized;
  • (c) the name of the person searched, the number of the room or cell that was searched or the licence number of the vehicle searched, as applicable;
  • (d) the name of every person conducting the search and, where applicable, the name of every person present during the search;
  • (e) the reasons for the search;
  • (f) the manner in which the search was conducted; and
  • (g) in the case of a post-search report referred to in subsection (3), the facts that led the institutional head to believe that the presence of contraband constituted a clear and substantial danger to human life or safety or to the security of the penitentiary, and an indication of whether the danger was averted.

(5) Every person to whom a search relates, or from whom any item is seized in the course of a search referred to in subsection (1) or (2), shall have access, on request, to the post-search report respecting the search or seizure.

(6) Every post-search report shall be retained for a period of at least two years after the date of the search to which it relates.

SOR/2015-171, s. 6.

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Corresponding Act: Sections 46-67 Search and Seizure

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Return or Forfeiture of Items Seized

59 (1) Where an item is seized during a search conducted pursuant to any of sections 47 to 64 of the Act, the Service shall, as soon as practicable, notify the owner in writing, if the owner is known, of the seizure.

(2) The Service may hold or transfer to the custody of the police or a court any item referred to in subsection (1) that is required as evidence in a disciplinary or criminal proceeding, until the disposition of the proceeding.

(3) An item referred to in subsection (1) shall be returned to its owner where

  • (a) the item is not or is no longer required as evidence in a disciplinary or criminal proceeding;
  • (b) the item has not been forfeited pursuant to subsection (5);
  • (c) the item is within the control of the Service;
  • (d) the owner requests that the item be returned to the owner within 30 days after being notified of the seizure;
  • (e) possession of the item would be lawful; and
  • (f) in the case of an owner who is an inmate, possession of the item by the inmate would not constitute possession of contraband or an unauthorized item.

(4) Subject to paragraph (5)(e), the institutional head or a staff member designated by the institutional head may order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping outside the penitentiary of an item referred to in subsection (1) that would constitute contraband or an unauthorized item, where its possession outside the penitentiary would be lawful.

(5) An item referred to in subsection (1) shall be forfeited to Her Majesty in right of Canada where

  • (a) the Service does not know who the owner is and 30 days have passed since the seizure;
  • (b) the owner does not apply for the return of the item within 30 days after being notified of the seizure;
  • (c) possession of the item would be unlawful;
  • (d) in the case of an owner who is an inmate, possession of the item by the inmate would constitute possession of contraband or an unauthorized item and the inmate has not arranged for the disposal or safe-keeping of the item outside the penitentiary after being given a reasonable opportunity to do so in accordance with subsection (4); or
  • (e) the item is contraband or an unauthorized item and an inmate is found guilty of a disciplinary offence in relation to it.

(6) The institutional head or staff member designated by the institutional head may, in respect of an owner other than an inmate, cancel a forfeiture referred to in paragraph (5)(e) where

  • (a) the owner applies in writing to the institutional head or staff member within 30 days after the forfeiture of the item;
  • (b) the institutional head or staff member determines that the owner was not involved in the events that resulted in the forfeiture; and
  • (c) possession of the item by the owner would be lawful.

(7) Subject to subsection (8), the institutional head or staff member designated by the institutional head may, in respect of an owner who is an inmate, cancel a forfeiture referred to in paragraph (5)(e) where

  • (a) the inmate submits to the institutional head or staff member within 30 days after the forfeiture, an application in accordance with the Commissioner’s Directives respecting the forfeiture of items that are seized;
  • (b) the institutional head or staff member determines that the forfeiture would cause undue hardship to the inmate; and
  • (c) possession of the item by the inmate would be lawful.

(8) Where the institutional head or staff member designated by the institutional head cancels a forfeiture pursuant to subsection (7), the institutional head or staff member may

  • (a) authorize the inmate to possess the item in the penitentiary; or
  • (b) order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping of the item outside the penitentiary.

Corresponding Act: Sections 46-67 Search and Seizure

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Urinalysis Testing

Interpretation

60 For the purposes of this section and sections 61 to 72,

approved procedure means a procedure set out in Commissioner’s Directives as a procedure to be used for the analysis of a sample; (méthode approuvée)

collector means a staff member or any other person authorized in Commissioner’s Directives to collect samples on behalf of the Service; (échantillonneur)

confirmation test means a test of a sample by a laboratory, using an approved procedure, to verify the positive result of an initial screening test; (analyse de confirmation)

container means a sterile container that is to be used to receive a sample; (contenant)

initial screening test means the first test of a sample, using an approved procedure, conducted by a laboratory; (analyse initiale)

laboratory means a laboratory authorized by Commissioner’s Directives to analyse samples; (laboratoire)

positive, in respect of a sample, means a urinalysis test result that indicates that the level of an intoxicant in the sample is equal to or greater than the level specified in Commissioner’s Directives; (positif)

random selection means a selection procedure set out in Commissioner’s Directives that ensures that every inmate has an equal probability of being selected, on a periodic basis, to provide a sample and that has reasonable controls and safeguards designed to prevent the selection process from being influenced; (contrôle au hasard)

record of substance abuse means an inmate’s record of conviction of the disciplinary offence referred to in paragraph 40(k) of the Act; (dossier de consommation de substances intoxicantes)

sample means a quantity of unadulterated urine sufficient to permit analysis, using an approved procedure, by a laboratory; (échantillon d’urine)

urinalysis program co-ordinator means a senior staff member who has been designated by name or position in Commissioner’s Directives to co-ordinate the application of the Service’s urinalysis program at the location where the program is to be carried out. (coordonnateur du programme de prises d’échantillons d’urine)

Corresponding Act: Sections 46-67 Search and Seizure

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Trunzo v. Stony Mountain Penitentiary Disciplinary Court (1996), 124 F.T.R.101, [1996] F.C.J. No.1500 (F.C.T.D.) - An inmate was convicted and fined $35 by a disciplinary court for failing and refusing to provide a urine sample when demanded pursuant to section 54(a) of the CCRA. The inmate had provided only 10 millilitres of urine rather then the minimum 40 millilitres required. The inmate challenged the disciplinary court's decision, arguing that there was no requirement in the Regulations under the CCRA that a 40 millilitre sample must be given. The Federal Court did not agree, dismissed the application and awarded costs of $300 against the inmate. The Court held that the definition of "approved procedure" in section 60 of the Regulations incorporated by reference the procedures set out in the Commissioner's Directives. The CDs incorporate by reference, to the extent set out in paragraph 24 of CD 572, the Guidelines for Urinalysis Program in Institutions and in the Community. Section 36 of the Guidelines sets forth the "approximately 40 millilitres" requirement. While in themselves they may not be law, when read in conjunction with the definition of "approved procedure" in section 60 of the Regulations, it was apparent that the CDs and Guidelines have been incorporated by reference into the Regulations and are, to this extent, law. In terms of the costs awarded against the inmate, the court stressed that while the inmate had the right to seek judicial review in this case, invoking the mechanism of the judicial system for such a trivial matter was close to absurd. There was significant public expenditure involved in a judicial review application and it was quite apparent this inmate had no regard for the burden he had placed on the legal system and the Canadian taxpayer. The Court had an obligation in these circumstances to demonstrate to the inmate and to signal to potential litigants and counsel that invoking the mechanism of the judicial system for frivolous cases will not be costless. While the award of $300 in this case was relatively low, litigants and counsel should be forewarned that increased awards of costs, including costs against counsel personally, could be made in similar cases in the future.

Authorization

61 (1) The power of the institutional head, pursuant to section 54 of the Act, to grant prior authorization for urinalysis may be exercised by the urinalysis program co-ordinator.

(2) The function of the institutional head under subsection 57(1) of the Act to hear an inmate’s representations before submitting a sample, may be carried out by the urinalysis program co-ordinator.

Corresponding Act: Sections 46-67 Search and Seizure

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Requirement to Provide a Sample

62 Where an inmate is required by a staff member to submit to urinalysis pursuant to paragraph 54(a) of the Act and makes representations to the institutional head objecting to the requirement pursuant to subsection 57(1) of the Act, the institutional head or urinalysis program co-ordinator shall

  • (a) review the demand for a sample and the inmate’s objections to determine whether there are reasonable grounds on which to require the sample; and
  • (b) where the institutional head or urinalysis program co-ordinator determines that there are reasonable grounds, direct the inmate to provide the sample.

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63 (1) For the purposes of paragraph 54(b) of the Act, the Service may establish a random selection urinalysis program for the purpose of ensuring the security of the penitentiary and the safety of persons by deterring the use of and trafficking in intoxicants in the penitentiary.

(2) A random selection urinalysis program shall provide for samples to be provided by inmates whose names have been chosen by random selection from among the names of the entire inmate population of the penitentiary.

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64 (1) For the purposes of paragraph 54(c) of the Act,

  • (a) any program or activity that requires that an inmate have access to the community or contact with a person from the community, where such access or contact could reasonably be expected to provide the inmate with an opportunity to have access to an intoxicant, is a prescribed program or activity; and
  • (b) any treatment program that is designed to assist in the rehabilitation of an inmate who has a problem of substance abuse is a prescribed substance abuse treatment program.

(2) Urinalysis is a requirement for participation in a program or activity referred to in paragraph (1)(a) where an inmate requests authorization to participate in the program or activity and

  • (a) has a record of substance abuse; or
  • (b) has been convicted of a disciplinary offence under paragraph 40(l) of the Act within two years of the request.

(3) Urinalysis is a requirement for participation in a substance abuse treatment program referred to in paragraph (1)(b) where an inmate requests authorization to participate in the program and urinalysis is an integral part of the program.

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65 (1) For the purposes of section 55 of the Act, where an offender is required by a staff member to submit to urinalysis at regular intervals, the regular intervals shall be determined by assessing, in accordance with subsection (2), the risk of the offender not complying with a condition referred to in that section.

(2) In making an assessment pursuant to subsection (1), the following factors shall be taken into consideration:

  • (a) the offender’s record of substance abuse;
  • (b) offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty;
  • (c) the ability of the offender to rehabilitate and reintegrate into the community, taking into account the offender’s behavioural and emotional stability; and
  • (d) the program and treatment needs of the offender.

(3) For the purposes of section 55 of the Act, where an offender is required to submit to urinalysis at regular intervals, the offender shall be informed of the length of the intervals.

(4) Where, pursuant to subsection 57(2) of the Act, an offender makes representations respecting the length of the intervals, the urinalysis program co-ordinator shall review the representations and confirm or vary the length of the intervals.

Corresponding Act: Sections 46-67 Search and Seizure

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Collection of Samples

66 (1) A sample shall be collected in the following manner:

  • (a) a collector shall be of the same sex as the donor;
  • (b) the collector shall ensure that the donor washes the donor’s hands before providing a sample;
  • (c) the collector shall provide the donor with a container for the sample and shall supervise as the donor provides the sample;
  • (d) the collector shall give the donor up to two hours to provide a sample, from the time of a demand;
  • (e) the collector shall ensure that the donor is kept separate from any other person except the collector and is supervised during the two hour period referred to in paragraph (d);
  • (f) once the sample has been provided, the collector shall, in the presence of the donor,
    • (i) seal the container with a pre-numbered seal,
    • (ii) affix a label identifying the sample in such a manner that the identity of the donor is not disclosed to the laboratory,
    • (iii) initial the label to certify that the container contains the sample provided by that donor,
    • (iv) request the donor to initial the label and to certify in writing that the sample in the container was provided by that person, and
    • (v) where the person is unable or refuses to comply with a request referred to in subparagraph (iv), initial the label in the place of the donor and certify in writing, in the presence of another person, that the person who provided the sample was unable or refused to comply with the request; and
  • (g) the collector shall maintain a record that indicates the number on the container that corresponds to the name of the donor.

(2) Where a person fails to provide a sample in accordance with subsection (1), the person shall be considered to have refused to provide the sample.

Corresponding Act: Sections 46-67 Search and Seizure

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Testing of a Sample

67 The testing of a sample shall be conducted in the following manner:

  • (a) the urinalysis program co-ordinator shall, before sending the sample to a laboratory, enquire whether any over-the-counter or prescription medication was being taken by the donor at the time the sample was provided, and shall inform the laboratory of any such medication;
  • (b) the sample shall be tested by the laboratory, using an approved procedure; and
  • (c) if the result of the initial screening test is positive, a confirmation test shall be conducted on the sample.

Corresponding Act: Sections 46-67 Search and Seizure

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Reporting of Test Results

68 (1) A laboratory shall submit to the urinalysis program co-ordinator a certificate and, where requested by the institutional head, an electronically transmitted copy of the certificate, that states the results of the test.

(2) The urinalysis program co-ordinator shall give the donor a copy of the laboratory certificate respecting the sample.

Corresponding Act: Sections 46-67 Search and Seizure

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Consequences of Positive Test Results

69 For the purposes of a hearing of a disciplinary offence referred to in paragraph 40(k) of the Act, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the inmate who provided the sample has committed the offence.

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70 For the purposes of a hearing or review respecting the contravention of a condition of release, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the offender who provided the sample has failed to comply with a condition referred to in section 55 of the Act.

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71 Where an inmate is found guilty of a disciplinary offence referred to in paragraph 40(k) of the Act, the inmate may, in addition to any sanction imposed pursuant to subsection 44(1) of the Act, be required to provide a sample each month until three consecutive negative monthly samples have been provided.

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72 Where an offender who is released by the National Parole Board is unable or refuses to provide a sample or provides, pursuant to section 55 of the Act, a sample that is positive the Service shall inform the National Parole Board, in writing, and shall

  • (a) ensure that the offender is provided with counselling or other appropriate post-release intervention; or
  • (b) proceed in accordance with section 135 of the Act.

Corresponding Act: Sections 46-67 Search and Seizure

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Neiman v. Stony Mountain Institution, Institution Disciplinary Court (1996), 120 F.T.R. 76, [1996] F.C.J. No.1414 (F.C.T.D.) - As a result of being convicted of taking an intoxicant into his body under section 40(k) of the CCRA, an inmate was "required to provide a sample each month until three consecutive negative monthly samples have been provided." These were taken from him on December 28, 1994, on January 4, 1995, and on February 7, 1995. The urine sample that was taken on January 4, 1995 tested positive. The inmate submitted that the taking of the urine samples was not in accordance with section 71 of the Regulations, which mandated that the testing be done at 28 to 30 day intervals. The Federal Court did not agree with the inmate's submissions and dismissed the application. The Court held that had it been intended that the testing occur at 28 to 30 day intervals, the regulation would have been precisely drafted in those terms. Moreover, the French text was taken by the Court to be clearer than the English version. It provides that testing shall be done every month until three consecutive positive test results are obtained. It supports the position that the exact interval of the number of days between tests is not important. Lastly, the Court found the CSC's argument, that it is important in administering such a testing program that there be scope for random testing, a relevant consideration. Such would not be available if an inmate knew that after the first test he would not be retested for another 28 to 30 days.

Simoneau v. Canada (Correctional Service) (1998), 40 W.C.B. (2d) 17, [1998] F.C.J. No.1078 (F.C.T.D.), 1998 CanLII 8011 (F.C.) - An inmate was convicted of the disciplinary offence of taking an intoxicant into his body as set out in paragraph 40(k) of the CCRA, and consequently was required pursuant to section 71 of the Regulations to provide a urine sample every three months until three consecutive negative samples were given. On November 26, 1996, the inmate provided the first sample required under section 71 of the Regulations and the result was negative. On December 17, 1996, the inmate refused to provide a second sample and was later convicted under paragraph 40(a) of the Act for the disciplinary offence of disobeying a justifiable order of a staff member to provide a urine sample. On January 31, 1997, the inmate provided a sample for which the result was positive and as a result, on February 19, 1997, the inmate was convicted for taking an intoxicant under paragraph 40(k) of the Act. On February 24th, the correctional officer was informed of the February 19 conviction. That same day, the inmate provided a negative sample. The inmate later provided negative samples on April 24, 1997, and May 16, 1997. On June 17, 1997, a sample was requested and refused. On August 13, 1997, the inmate was charged and convicted under paragraph 40(a) of the Act for the June 17, 1997 refusal to provide a sample. The inmate applied for judicial review of the August 13 conviction. The Federal Court allowed the application and set aside the conviction. The Court noted that only after providing a urine sample on February 24, 1997 was the inmate notified by the corrections officer that he would be required to provide the monthly samples, pursuant to section 71 of the Regulations, for the conviction of February 19, 1997 conviction. Yet, the gist of all this was that the inmate provided three consecutive negative samples following the February 19, 1997 conviction, but the officer did not want to include the February 24 sample for the purposes of the February 19 conviction. The Court held that the inmate was not responsible for the fact that the corrections officer was not informed until February 24 that the chairperson had given a decision on February 19. The fact that the officer did not ask the inmate to provide a urine sample during the month of March 1997 does not depend on the inmate. The inmate provided three consecutive samples, on February 24, April 24, and May 16, as required, and all turned out to be negative. In these very specific circumstances, the Court concluded that it would be unfair and unreasonable to hold that the inmate failed to comply with section 71 of the Regulations.

Royer v. Canada (Attorney General) [2001] F.C.J. No.1869, 2001 CFPI 1359 (F.C.T.D.) - On September 22, 2000 an inmate received a request for a random selection urinalysis under section 54(b) of the CCRA, which proved to be positive. On October 25, 2000 he was found guilty of the disciplinary offence of taking an intoxicant into his body pursuant to section 40(k) of the Act and was ordered to pay a $25 fine. Two days later, and as a consequence of his disciplinary conviction, a memorandum was issued to the inmate telling him that as of November 2000 he would have to provide a urine sample monthly pursuant to section 71 of the Regulations each month until he had given three consecutive negative monthly samples. As a result of several refusals on the part of the inmate to provide these urine samples, specifically occurring on December 10, 2000 and January 11, February 27 and March 13, 2001, the inmate was further found guilty of four disciplinary charges under section 40(l) of the CCRA. In challenging these disciplinary convictions through judicial review, the inmate set out several issues. First, were the orders to submit to urinalysis made on December 18, 2000 and January 11 and March 13, 2001 pursuant to section 71 of the Regulations legal although in each case a similar order had been made less than a month before? Second, is section 71 of the Regulations ultra vires the Act, and as the urinalysis requests made of the inmate pursuant to that section were not provided for either by section 44(1) or section 54 of the Act, do they constitute an unlawful search contrary to section 8 of the Charter? The Federal Court dismissed the inmate's application. The question of the interpretation to be given the phrase "each month" contained in section 71 of the Regulations was decided by the Federal Court in Neiman v. Stoney Mountain Institution, [1996] F.C.J. No.1414 (F.C.T.D.). The Court concluded that this phrase meant that the urinalysis requests should be made in consecutive months but did not necessarily imply that the interval between each request should be 30 days. Regarding the second issue, the inmate maintained that the urinalysis order in this case was not made pursuant to sections 54 or 55 of the Act but pursuant to section 71 of the Regulations. Accordingly, he submitted that since certain components of the offence set out in section 40(l) of the Act were absent he clearly had not committed the offence. Section 71 of the Regulations was validly adopted by the Governor in Council pursuant to section 96(m) of the Act and is a consequence of a positive urinalysis. The Court held that Section 71 of the Regulations is no way ultra vires the Act. Further, section 71 and sections 69 to 72 of the Regulations fall under the subheading "Consequences of positive test results" which itself comes under the more general heading "Urinalysis Testing," thus confirming its legislative derivation. Nothing in the Act specifically prohibits the adoption of such a regulation, not even section 54 , which in no way states that a urinalysis request cannot be authorized or required except in the situations stated in the section. Furthermore, the urinalysis requested under section 71 of the Regulations are an administrative measure available to the prison authorities, who can use it to counter drug use by inmates in penitentiaries, not a disciplinary penalty. The disciplinary penalties that may be imposed on an inmate found guilty of a disciplinary offence are those set out in section 44(1) of the Act. Consequently, section 71 of the Regulations is entirely consistent with the Act and its enabling provision and so allowed the prison authorities to ask the inmate to submit to urinalysis. However, the Court also stipulated that the disciplinary penalties which may be imposed on an inmate found guilty of a disciplinary offence are those set out in section 44(1) of the Act, and consequently section 71 of the Regulations does not authorize the prison authorities to impose any further punishment or disciplinary penalty. The Court went to hold that since the random selection process which authorized the taking on September 22, 2000 pursuant to section 54(b) of the Act of the urine sample that led to the subsequent urinalysis requests pursuant to section 71 of the Regulations is constitutionally valid, neither section 71 of the Regulations nor its implementation in this case contravenes section 8 of the Charter.

Use of Force

73 (1) Where a person suffers an injury or death in a penitentiary as a result of the use of force, any staff member who has knowledge of the incident shall immediately call health care staff to the scene and notify the institutional head or a staff member designated by the institutional head.

(2) Where the institutional head or staff member designated by the institutional head is notified pursuant to subsection (1) of a serious injury or a death, the institutional head or staff member shall, as soon as practicable,

  • (a) notify the head of the region and the appropriate police department; and
  • (b) submit a report to the regional head that details all of the circumstances that led to the injury or death.

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Offender Grievance Procedure

74 (1) Where an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint, preferably in the form provided by the Service, to the supervisor of that staff member.

(2) Where a complaint is submitted pursuant to subsection (1), every effort shall be made by staff members and the offender to resolve the matter informally through discussion.

(3) Subject to subsections (4) and (5), a supervisor shall review a complaint and give the offender a copy of the supervisor’s decision as soon as practicable after the offender submits the complaint.

(4) A supervisor may refuse to review a complaint submitted pursuant to subsection (1) where, in the opinion of the supervisor, the complaint is frivolous or vexatious or is not made in good faith.

(5) Where a supervisor refuses to review a complaint pursuant to subsection (4), the supervisor shall give the offender a copy of the supervisor’s decision, including the reasons for the decision, as soon as practicable after the offender submits the complaint.

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75 Where a supervisor refuses to review a complaint pursuant to subsection 74(4) or where an offender is not satisfied with the decision of a supervisor referred to in subsection 74(3), the offender may submit a written grievance, preferably in the form provided by the Service,

  • (a) to the institutional head or to the director of the parole district, as the case may be; or
  • (b) if the institutional head or director is the subject of the grievance, to the Commissioner.

SOR/2013-181, s. 1.

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76 (1) The institutional head, director of the parole district or Commissioner, as the case may be, shall review a grievance to determine whether the subject-matter of the grievance falls within the jurisdiction of the Service.

(2) Where the subject-matter of a grievance does not fall within the jurisdiction of the Service, the person who is reviewing the grievance pursuant to subsection (1) shall advise the offender in writing and inform the offender of any other means of redress available.

SOR/2013-181, s. 2.

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77 (1) In the case of an inmate’s grievance, where there is an inmate grievance committee in the penitentiary, the institutional head may refer the grievance to that committee.

(2) An inmate grievance committee shall submit its recommendations respecting an inmate’s grievance to the institutional head as soon as practicable after the grievance is referred to the committee.

(3) The institutional head shall give the inmate a copy of the institutional head’s decision as soon as practicable after receiving the recommendations of the inmate grievance committee.

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78 The person who is reviewing a grievance pursuant to section 75 shall give the offender a copy of the person’s decision as soon as practicable after the offender submits the grievance.

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79 (1) Where the institutional head makes a decision respecting an inmate’s grievance, the inmate may request that the institutional head refer the inmate’s grievance to an outside review board, and the institutional head shall refer the grievance to an outside review board.

(2) The outside review board shall submit its recommendations to the institutional head as soon as practicable after the grievance is referred to the board.

(3) The institutional head shall give the inmate a copy of the institutional head’s decision as soon as practicable after receiving the recommendations of the outside review board.

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80 (1) If an offender is not satisfied with a decision of the institutional head or director of the parole district respecting their grievance, they may appeal the decision to the Commissioner.

(2) [Repealed, SOR/2013-181, s. 3]

(3) The Commissioner shall give the offender a copy of his or her decision, including the reasons for the decision, as soon as feasible after the offender submits an appeal.

SOR/2013-181, s. 3.

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80.1 A senior staff member may, on the Commissioner’s behalf, make a decision in respect of a grievance submitted under paragraph 75(b) or an appeal submitted under subsection 80(1) if the staff member

  • (a) holds a position equal to or higher in rank than that of assistant deputy minister; and
  • (b) is designated by name or position for that purpose in a Commissioner’s Directive.

SOR/2013-181, s. 4.

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81 (1) Where an offender decides to pursue a legal remedy for the offender’s complaint or grievance in addition to the complaint and grievance procedure referred to in these Regulations, the review of the complaint or grievance pursuant to these Regulations shall be deferred until a decision on the alternate remedy is rendered or the offender decides to abandon the alternate remedy.

(2) Where the review of a complaint or grievance is deferred pursuant to subsection (1), the person who is reviewing the complaint or grievance shall give the offender written notice of the decision to defer the review.

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82 In reviewing an offender’s complaint or grievance, the person reviewing the complaint or grievance shall take into consideration

  • (a) any efforts made by staff members and the offender to resolve the complaint or grievance, and any recommendations resulting therefrom;
  • (b) any recommendations made by an inmate grievance committee or outside review board; and
  • (c) any decision made respecting an alternate remedy referred to in subsection 81(1) .

Corresponding Act: Sections 90-91 Grievance Procedure

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Living Conditions

Physical Conditions

83 (1) The Service shall, to ensure a safe and healthful penitentiary environment, ensure that all applicable federal health, safety, sanitation and fire laws are complied with in each penitentiary and that every penitentiary is inspected regularly by the persons responsible for enforcing those laws.

(2) The Service shall take all reasonable steps to ensure the safety of every inmate and that every inmate is

  • (a) adequately clothed and fed;
  • (b) provided with adequate bedding;
  • (c) provided with toilet articles and all other articles necessary for personal health and cleanliness; and
  • (d) given the opportunity to exercise for at least one hour every day outdoors, weather permitting, or indoors where the weather does not permit exercising outdoors.

Corresponding Act: Sections 68-75 General - Living Conditions

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Allan v. Canada (Commissioner of Corrections) (1990), 38 F.T.R. 176, [1990] F.C.J. No.845 (F.C.T.D.) - This was an application where an inmate sought an order to compel the CSC pursuant to the Penitentiary Service Regulations to either supply proper recreational clothing and footwear to inmates or to allow the applicant the use of monies held in trust by the institution for that purpose. In dismissing this application, the court was of the view that although there was a duty on those responsible for the operation of the institution to provide recreational clothing and footwear, that duty was imprecisely defined by the regulations. Unless it could be determined to be unfulfilled, which the court did not find to be established here in light of the provision of common user equipment in the institution, then reasonable discretion on the part of administrators in meeting their duty must be recognized and the court ought not to intervene. Moreover, there was insufficient evidence that the inmate's request for special orthopedic footwear was refused by the institution.

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.

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85 (1) Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate’s personal effects

  • (a) in the case of effects other than legal or official documents, two years after the date of the escape; and
  • (b) in the case of legal or official documents, seven years after the date of the escape.

(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

  • (a) give the effects to a charitable organization located in the vicinity of the penitentiary;
  • (b) destroy the effects, if the effects are unusable; or
  • (c) remit the effects to Her Majesty in right of Canada.

(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.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

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87 The institutional head shall provide any inmate who requests an interview with the institutional head with a reasonable opportunity for an interview.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

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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).

Corresponding Act: Sections 68-75 General - Living Conditions

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Visits

90 (1) Every inmate shall have a reasonable opportunity to meet with a visitor without a physical barrier to personal contact unless

  • (a) the institutional head or a staff member designated by the institutional head suspects on reasonable grounds that the barrier is necessary for the security of the penitentiary or the safety of any person; and
  • (b) no less restrictive measure is available.

(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.

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R v. Faid (1978), 44 C.C.C. (2d) 62 (Alta.S.C.T.D.) - Where the only facilities for consulting counsel consisted of a room with glass and metal barrier between the accused and counsel with communication by telephone, the court held that such facilities were inadequate. The court therefore granted an order in the nature of habeas corpus directed to the officer in charge of the provincial correctional institution which stipulated that the applicant, who was an inmate charged with first degree murder, be provided with facilities sufficient to allow him to receive visits from his counsel with a view to the preparation of his defence. Furthermore, such facilities should be provided within sight but not within hearing of any person. In order to facilitate effective communication including the free passage of written material between counsel and the inmate, there shall be interposed no glass or metal barrier between the inmate and his counsel.

Davison v. Canada (Commissioner of Corrections) (1997), 144 F.T.R. 184, [1997] F.C.J. No.1693 (F.C.T.D.), 1997 CanLII 5888 (F.C.) - Asking inmates whether a particular person is their legal representative is a procedure that is useful and considerate of the inmates. In the context of a prison, this is an important question, because by section 90 of the Regulations, an inmate has special privileges with respect to the circumstances of visits with counsel.

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

  • (a) that, during the course of the visit, the inmate or visitor would
    • (i) jeopardize the security of the penitentiary or the safety of any person, or
    • (ii) plan or commit a criminal offence; and
  • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

(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.

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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

  • (a) the head of the region on or before the fifth day of the suspension; and
  • (b) by the Commissioner on or before the fourteenth day of the suspension.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

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R v. Henry (1987), 10 F.T.R. 176, [1987] 3 F.C. 429, [1987] F.C.J. No.307 (F.C.T.D.) - Where an inmate challenged the practice of prison authorities who opened an inmate's mail from an attorney, the court was of the view that its task was to determine whether their conduct, whether in compliance with the Directives or not, could be seen as "reasonable" within the sense of section 8 of the Charter. On the facts of this case, the inmate's application was dismissed. The court expressed the view that given that the prescribed treatment of privileged correspondence in letting it enter the penitentiary in an unopened condition can potentially give rise to hazards, it is not unreasonable that the list of those entitled to communicate with inmates by this means is somewhat limited. Further the court was unable to say that the requirement that such correspondence be properly identified on the envelopes is unreasonable.

Schemmann v. Canada (Correctional Service, Deputy Commissioner) (1997), 125 F.T.R. 252 (F.C.T.D.) - An inmate applied for judicial review challenging the practice of the institution in requiring inmates to open incoming privileged correspondence in the presence of a Visits and Correspondence Officer to verify that the contents did not include any unauthorized items. The Institution asserted that the examination of inmate correspondence for unauthorized items was necessary to maintain the security and proper administration of the institution. In allowing the application, the court ordered the CSC to forward communications between the inmate and the persons listed in the schedule to subsection 94(2) of the regulations without requiring the inmate to open his privileged correspondence from and to any and all such persons, or show its contents, in the presence of any institutional staff, unless such staff can show and state to him or to an objective third party reasonable and probable grounds for believing that his privileged correspondence contains something which jeopardizes the institution's security or the safety of any person.

R v. Bobier (1998), 40 W.C.B. (2d) 6, [1998] S.J. No.654 (Sask.Prov.Ct.) - There had been a suspicion by a correctional officer that the inmate the accused was visiting was dealing drugs within the institution and, as a result, the inmate's telecommunications were then intercepted by correctional authorities pursuant to an authorization issued by the institutional director. Based upon information gained from the intercepted telephone communications, police and corrections authorities had then been waiting for the accused at the time of his next visit. The court held that while the information derived from the intercepted telecommunications might have been authorized for the inmate, if used for very specific purposes under the Act, it was not authorized according to the process required when a private citizen was being investigated by authorities. Thus, it could not be said that any information gathered about the accused through the interception of telecommunications of the inmate was collected lawfully. The regulations provided for searches of visitors when "entering or leaving" a penitentiary but the accused had not been entering or leaving the institution when his telephone conversations were recorded. While the Crown also argued that the posting of warnings in the institution to inmates and visitors that their communications would be monitored meant that the accused should have known his calls could be recorded and gave an implied consent to that interception, the involuntary surrender of privacy rights in a visitor centre of an institution did not represent a consent in the free sense used in the Criminal Code. Moreover, the conversations had been intercepted while the accused was in his private residence, and it strained credibility to suggest that private citizens were forewarned that any conversation they had with an inmate would be monitored by law enforcement officials from any branch of the state.

R v. Williamson (1998), 123 C.C.C. (3d) 540, 218 A.R. 332, [1998] A.J. No.652 (Alta.Q.B.) - The court held that the use of the Racal Telephone Monitoring System violated sections 4(e) of the CCRA, section 94 of the Regulations and section 8 of the Charter. Under the Racal system, all inmate telephone calls were recorded. In it's reasoning, the court asserted that CD 575 dealt with the interception of communications related to the maintenance of institutional security. This directive attempted to put into policy the requirements of Regulation 94 under the CCRR. It incorporated aspects of the interception sections of the Criminal Code. Its definition of interception included listening to and taping communications. The Directive contains a specific condition the interceptions may be undertaken if done on a selective basis. It specifies that an interception may only be carried out if it is not reasonable for the inmate to expect the communication to be private, if there is implied consent, or if there is express consent, or if judicial authorization has been granted under the Criminal Code for the purpose of law enforcement involving certain criminal investigations. The decision to monitor requires a finding on reasonable grounds that the communication will contain or contains evidence of a criminal offence and that monitoring is the least restrictive alternative available in the circumstances. The court held that the Racal system violated almost every principle of CD 575. CD 85 related to correspondence and telephone communication. Its policy objective was to encourage inmates to maintain and develop family and community ties through written correspondence and telephone communication consistent with the principles of protection of the public, staff members and offenders. The policy encouraged inmates to use the telephones, as did the ready availability of the telephones for use in the restricted prison environment. The encouragement to use the phones, combined with the failure of the prison to disclose its practice of universal taping, set a trap for the inmates.

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.

Corresponding Act: Sections 68-75 General - Living Conditions

Nelson v. Canada (Commissioner of Corrections) (1996), 112 F.T.R. 265, [1996] F.C.J. No.590 (F.C.T.D.) - The scope of Regulation 95(1) is restricted to specific instances involving specific individuals. That is, the institutional head or staff member may prevent an inmate from communicating: 1) with "a person" by mail or telephone, 2) on "reasonable grounds" that the safety of "any person" would be jeopardized, 3) with an "intended recipient" where that person, or parent or guardian of that person, submits a request in writing that he or she not receive any communication from the inmate. The regulation is silent as to the allowed duration of any prohibition ordered, but, in the court's opinion, in all circumstances it is necessary to set a defined time limit for the operation of the order. The facts of each case will determine the period necessary and reasonable to carry out the purpose for which the order is imposed. In this specific case, where the warden ordered the curtailment and then suspension of an inmate's telephone privileges on the basis that he was suspected of arranging drug deals within the prison, the court allowed the inmate's application for judicial review on the grounds that while the warden had the authority to make such prohibitory orders to protect the security of the penitentiary or the safety of persons, he should have set a defined time limit for the operation of the order.

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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.

Corresponding Act: Sections 68-75 General - Living Conditions

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Fry v. Canada (Solicitor General) (1996), 121 F.T.R. 50, [1996] F.C.J. No.1267 (F.C.T.D.) - An inmate sought judicial review of a decision depriving him of his computer equipment and programs, and preventing him from using them while serving his sentence. The court asserted that the possession or use of a personal computer and its programs by an inmate in the inmate's cell is in the nature of a privilege rather than a right. In this case, the inmate was found to have violated a clear and existing policy of the institution that was put in place to reduce the risk of serious security incidents or, in the case of copyright violations, to ensure compliance with the law. The offending programs may be present both in the hard drive and/or diskettes. The institutional head had reasonable grounds to believe that at least one program presented a risk to the security of the institution and that many other programs were either not authorized or did not comply with Canadian copyright laws. Accordingly, the court reached the conclusion that the CSC did not make a reviewable error and that the application for judicial review be dismissed.

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.

Corresponding Act: Sections 68-75 General - Living Conditions

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Shortreed v. Canada (Attorney General) (1997), 131 F.T.R. 113, [1997] F.C.J. No.954 (F.C.T.D.) [affirmed F.C.A. (1999) 247 N.R. 297, [1999] F.C.J. No.1460], 1999 CanLII 8764 (F.C.A.) — This application for judicial review challenged decisions that resulted in the voiding of an Inmate Committee purchase order for the purchase of various legal texts and legislation. The purchases were to be drawn from the Inmate Welfare Fund. The institution also refused to accept an issue of Outlook Magazine, as it was a compilation of photocopied articles from various legal texts, journals and newspapers already available to the inmates through the prison library. Paragraph 97(3)(a) of the Regulations requires that the CSC shall ensure that every inmate has reasonable access to legal reading materials. So, although the decision is a discretionary one, there must be sufficient justification for it, so that it can be characterized as "reasonable." In this case, the court concluded that the CSC's decision was reasonable. With respect to the purchase of legal texts, given the inmates' access to books already available, and the evidence of the CSC's concern about depletion of the fund, the court held that, on balance, the applicants had not made their case. As to the proposed issue of Outlook Magazine, the inmates had failed to show that the decisions were unreasonable in any way. The court did not believe that the applicants were denied access to general legal knowledge through the rejection of the proposed issue of the magazine.

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.

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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.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

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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.

Corresponding Act: Sections 68-75 General - Living Conditions

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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.

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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.

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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]

SOR/96-108, s. 1.

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Deductions and Reimbursement for Food, Accommodation, Work-related Clothing and Access to Telephone Services

[SOR/2013-181, s. 5]

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.

SOR/96-108, s. 2; SOR/2013-181, s. 6.

Previous Version

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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.

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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.

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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.

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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.

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Disposal of Vocational Training Program and Hobby Products

109 Goods that are produced, repaired or maintained or services that are provided by an inmate employed in a penitentiary vocational training program may be

  • (a) sold or donated to a charitable, non-profit, religious or spiritual organization; or
  • (b) where no such organization expresses an interest in the goods or services, sold to staff members.

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110 An inmate may sell a product of a hobby of the inmate to any person.

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Inmate Trust Fund

111 (1) The Service shall ensure that all moneys that accompany an inmate when the inmate is admitted into a penitentiary and all moneys that are received on the inmate’s behalf while the inmate is in custody are deposited to the inmate’s credit in a trust fund, which fund shall be known as the Inmate Trust Fund.

(2) The Inmate Trust Fund shall comprise a current account and a savings account in respect of each inmate.

(3) No moneys standing to the credit of an inmate’s savings account in the Inmate Trust Fund shall be paid out of that account if the balance of the account is lower than the amount provided for in Commissioner’s Directives.

(4) No moneys in the Inmate Trust Fund standing to the credit of an inmate shall, except where a family relationship exists, be transferred to the credit of another inmate.

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Inmate Businesses

112 (1) No inmate shall operate a business in a penitentiary unless the inmate obtains the approval of the Commissioner or a staff member designated by the Commissioner, in accordance with subsection (2).

(2) The Commissioner or a staff member designated by the Commissioner may grant approval to an inmate to conduct a business, in accordance with the procedures set out in Commissioner’s Directives, where

  • (a) the security and operational constraints of the penitentiary permit the conduct of the business; and
  • (b) the business is consistent with the inmate’s correctional plan.

(3) Where the conditions set out in subsection (2) are no longer met, the Commissioner or a staff member designated by the Commissioner may withdraw the approval granted under that subsection.

(4) Where the Commissioner or a staff member designated by the Commissioner withdraws an approval granted under subsection (2), the Commissioner or staff member shall give the inmate

  • (a) written notice of the withdrawal of approval, including the reasons for the withdrawal; and
  • (b) a reasonable opportunity to wind up the business.

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113 (1) Where, on reception of an inmate in a penitentiary, the inmate wishes to have a business that the inmate is operating outside the penitentiary operated on the inmate’s behalf or to wind up the business, the Service shall ensure that the inmate is given a reasonable opportunity to make arrangements to have the business operated on the inmate’s behalf or wind up the business.

(2) Where an inmate wishes to wind up a business that the inmate is operating in the penitentiary, the Service shall ensure that the inmate is given a reasonable opportunity to wind up the business.

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Aboriginal Offenders

114 Where an offender submits a request for a transfer to the care and custody of an aboriginal community pursuant to subsection 81(3) of the Act, the Commissioner or a staff member designated by the Commissioner shall, within 60 days after the request is made, consider the request, consult with the aboriginal community and give the offender notice in writing of the decision, including the reasons for the decision if the request is denied.

Corresponding Act: Section 79-84 Aboriginal Offenders

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Treatment Demonstration Programs

115 For the purposes of subsection 88(4)of the Act, equal numbers from the community of lay persons and registered health care professionals with expertise related to the treatment demonstration program shall constitute a treatment demonstration program committee.

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Death of an Inmate

116 (1) Where an inmate dies, the institutional head or a staff member designated by the institutional head shall promptly notify

  • (a) subject to subsection (2), the person who the inmate indicated to the Service in writing was to be notified;
  • (b) the coroner or medical examiner who has jurisdiction over the area in which the penitentiary is located; and
  • (c) the Commissioner or a staff member designated by the Commissioner.

(2) Where an inmate has not indicated the name of a person pursuant to subsection (1), the institutional head or staff member designated by the institutional head shall, as soon as practicable, notify the inmate’s next of kin.

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117 (1) Where the body of a deceased inmate is claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the moneys standing to the inmate’s credit in the Inmate Trust Fund are insufficient to cover the cost, for the body to be transported to a funeral home in the person’s or next of kin’s hometown.

(2) The Service may, on humanitarian grounds or where the costs of the funeral of an inmate would prevent the body of the inmate being claimed, pay all or part of the costs of the funeral in the hometown of the inmate or of the person who claims the body.

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118 Where the body of a deceased inmate is not claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the inmate’s estate is insufficient to cover the costs, for the body to be

  • (a) where practicable, buried, cremated or otherwise dealt with, in accordance with the instructions left by the inmate; or
  • (b) buried or cremated, where the inmate did not leave instructions, or where it is not practicable to carry out the inmate’s instructions.

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119 (1) The Service shall deliver the portion of the estate of a deceased inmate that is under the control of the Service to the inmate’s personal representative, if any, in accordance with applicable provincial laws.

(2) For the purposes of subsection (1), the portion of the estate of a deceased inmate that is under the control of the Service includes

  • (a) any pay that was owed to the inmate by the Service at the time of death;
  • (b) any moneys standing to the inmate’s credit in the Inmate Trust Fund; and
  • (c) the inmate’s personal belongings, including cash, that are in the care or custody of the Service.

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Allowances on Release

120 (1) The Service shall give, to each inmate on the inmate’s release from penitentiary, where necessary,

  • (a) clothing suitable to the season and to the requirements of the inmate’s release plan; and
  • (b) an amount to cover travelling and living expenses
    • (i) to the destination specified in the inmate’s release plan, or
    • (ii) where the inmate is leaving the penitentiary on expiration of the inmate’s sentence, to
      • (A) the place where the inmate was convicted, if the inmate was convicted in Canada,
      • (B) at the request of the inmate, any place no further distant than the place referred to in clause (A), or
      • (C) any place in Canada, with the approval of the Commissioner or a staff member designated by the Commissioner.

(2) Where an inmate is released from penitentiary, the Service shall ensure that the inmate is given all moneys standing to the inmate’s credit in the Inmate Trust Fund.

(3) Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, in accordance with Commissioner’s Directives, the offender is provided with an allowance to ensure that the offender’s basic material needs are met and to permit the offender to comply with the requirements of the release plan.

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Compensation for Death or Disability

Interpretation

121 For the purposes of this section and sections 122 to 144 ,

age of majority , in respect of a dependent child, means the age of majority in the province in which the dependent child resides; (âge de la majorité)

approved program means

  • (a) any work activity sponsored, approved or permitted by the Service or any other activity required by the Service, excluding any recreational or social activity,
  • (b) any extra duties imposed pursuant to subsection 44(1) of the Act,
  • (c) any training course that is approved by the Service, and
  • (d) any transportation that is arranged for or provided by the Service in connection with any activity, duties or course referred to in paragraphs (a) to (c); (programme agréé)

authorized person means a person who is authorized by the Minister under section 22 of the Act to pay compensation; (délégué)

child means a natural or adopted child of an inmate or a person on day parole, or a child in respect of whom the inmate or person on day parole maintains a parent-child relationship; (enfant)

claimant means

  • (a) a person who is claiming compensation for a disability attributable to the person’s participation in an approved program, and
  • (b) in the case of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program, a person who is claiming compensation as a dependant of that inmate or person; (demandeur)

common-law spouse means a person who

  • (a) has cohabited with an inmate or person on day parole, although not legally married to the inmate or person, for at least one year immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and
  • (b) has been recognized as the husband or wife of that inmate or person in the community in which they have cohabited; (conjoint de fait)

compensation means compensation paid pursuant to section 22 of the Act; (indemnité)

dependant means a dependent child or surviving spouse of an inmate or a person on day parole; (personne à charge)

dependent child means a surviving child of an inmate or a person on day parole

  • (a) who has never been married, whose financial support was obtained substantially from the inmate or person on day parole immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and
  • (b) who is
    • (i) less than the age of majority,
    • (ii) the age of majority or older but under 25 years of age and enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution, or
    • (iii) the age of majority or older and physically or mentally incapable of earning income through employment, where the incapacity predates the child’s reaching the age of majority; (enfant à charge)

disability means the loss or lessening of the power to will and to do any normal mental or physical act; (invalidité)

Labour Canada means the person who is responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour or a person who is designated by that person; (Travail Canada)

medical care means care that is reasonably necessary to diagnose, cure or give relief from a disability and includes

  • (a) treatment by a qualified medical practitioner or a dentist,
  • (b) in-patient and out-patient care and maintenance in a hospital or clinic,
  • (c) therapeutic and work-related training and rehabilitation services,
  • (d) the provision of drugs, medical and surgical supplies, prosthetic appliances and eyeglasses,
  • (e) rental of equipment for treating a disability, and
  • (f) travel and accommodation expenses that relate to paragraphs (a) to (e); (soins médicaux)

minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code; (salaire minimum)

monthly minimum wage means the minimum wage multiplied by 175; (salaire minimum mensuel)

occupational disease includes

  • (a) a disease resulting from exposure to a substance relating to a particular process, a trade or occupation in an industry, and
  • (b) a disease peculiar to or characteristic of a particular industrial process, trade or occupation; (maladie professionnelle)

spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; (conjoint)

surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. (conjoint survivant)

Eligibility for Compensation

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122 Subject to sections 123 to 140, the Minister or authorized person may pay compensation to

  • (a) an inmate or a person on day parole, in respect of a disability or the aggravation of an existing disability that is attributable to the participation of the inmate or person in an approved program,
    • (i) after the inmate or person is released from custody on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence, or
    • (ii) where the person on day parole is employed on a full-time basis other than by the Service; and
  • (b) a dependant in respect of the death of an inmate or a person on day parole that is attributable to the participation of the inmate or person in an approved program.

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123 The Minister or authorized person may pay compensation in the amount required for medical care for a disability.

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Reporting Incidents and Time Limits

124 (1) Subject to subsections (2) and (3), the Minister or authorized person shall not pay compensation unless the incident giving rise to the claim for compensation is reported to the Service by the claimant within three months after its occurrence, which report shall include

  • (a) the place and date of the incident;
  • (b) a full description of the incident; and
  • (c) the names and addresses of all known witnesses.

(2) Where the claimant does not submit a report within the period referred to in subsection (1), the Minister or authorized person may extend the period referred to in that subsection where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

(3) A claimant is not required to make a report referred to in subsection (1) if the Service already has in its possession a report of the incident giving rise to the claim.

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125 (1) Subject to subsection (2), the Minister or authorized person shall not pay compensation unless a claim for compensation is submitted

  • (a) in the case of the death of an inmate or a person on day parole, within three months after the death; and
  • (b) in the case of a disability, before the date on which, after the incident giving rise to the claim, the inmate or person on day parole is first released on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence.

(2) The Service may extend a period referred to in subsection (1) for a period of not more than two years after the death or the occurrence of the incident giving rise to the claim where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

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Claims for Compensation

126 Every claim for compensation shall be in writing, signed by the claimant or a person legally authorized to act on behalf of the claimant, and set out the following information:

  • (a) the name of the inmate or person on day parole in respect of whom the claim is made;
  • (b) in the case of a claim for a disability,
    • (i) the date of the incident giving rise to the claim, and
    • (ii) the nature and location of any medical care provided to the inmate or person on day parole; and
  • (c) in the case of a claim in respect of the death of an inmate or a person on day parole, the names and addresses of all known dependants.

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Determination of Entitlement to Compensation

127 The Minister or authorized person shall not pay compensation unless

  • (a) the claimant mails or otherwise delivers a claim for compensation to Labour Canada;
  • (b) Labour Canada examines the claim;
  • (c) Labour Canada makes an assessment that the claimant has a disability;
  • (d) where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assesses
    • (i) the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker’s Compensation Board of Ontario at the time the disability is assessed, and
    • (ii) the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;
  • (e) in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and
  • (f) Labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.

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Compensation for a Disability

128 (1) Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant’s earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.

(2) Compensation for a disability shall only be paid for the period that the disability continues.

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129 (1) Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments.

(2) Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments.

(3) A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant’s financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant.

(4) Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal.

(5) The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers’ Compensation Board of Ontario at the time that the disability is assessed.

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130 Notwithstanding any other provision of these Regulations, except section 141 , the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.

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Compensation Payable on Death

131 (1) Subject to subsection (2), the compensation that may be paid in respect of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program is

  • (a) subject to section 117, an amount not exceeding $900 for the burial or cremation of the body;
  • (b) subject to section 117, an amount not exceeding $300, where for humanitarian reasons the body is transported to a region or an area that is outside the region or area in which the inmate or person on day parole resided immediately before the death;
  • (c) a lump sum of $500 plus a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the payment, for the surviving spouse; and
  • (d) $125 per month for each dependent child, and if the surviving spouse dies, $140 per month thereafter.

(2) Where compensation is payable to dependent children who are the sole survivors of an inmate or a person on day parole and the dependent children have been placed in the care and custody of a foster parent by the appropriate provincial authorities, the Minister or authorized person may pay the foster parent a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the monthly payment until the last dependent child in the care and custody of the foster parent ceases to be eligible for compensation.

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132 The Minister or authorized person may request, in writing, that a claimant who is a dependant submit proof that the claimant meets the conditions set out in these Regulations for payment of compensation, and may, until receipt of such proof, withhold further payments.

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No Payment in Certain Cases

133 The Minister or authorized person shall not pay compensation in respect of the death or disability of an inmate or a person on day parole where the death or disability is attributable to improper conduct, including self-inflicted wounding or criminal conduct, by the inmate or person on day parole.

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134 The Minister or authorized person shall not pay compensation to a claimant for any period during which the claimant is incarcerated or serving a sentence in a provincial correctional facility.

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135 The Minister or authorized person shall not pay compensation to a claimant who is or would have been eligible to claim compensation in respect of the incident giving rise to the claim under the Government Employees Compensation Act or the Merchant Seamen Compensation Act, or under provincial compensation legislation providing for compensation to workers or their dependants.

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136 (1) The Minister or authorized person shall not pay compensation in respect of a disability to a claimant who resides outside Canada, other than a claimant

  • (a) whose residence outside Canada has been approved by the Minister pursuant to subsection (2);
  • (b) who was removed from Canada pursuant to a removal order, or left Canada pursuant to a departure notice, made under the Immigration and Refugee Protection Act ;
  • (c) who was deported from Canada pursuant to the Immigration and Refugee Protection Act as that Act read prior to April 10, 1978; or
  • (d) who has been transferred outside Canada under the Transfer of Offenders Act.

(2) Where a claimant is claiming or receiving compensation for a disability, the Minister or authorized person shall, before granting approval of the residence outside Canada, consider whether the residence will worsen the claimant’s disability or increase the medical care required by the claimant.

2001, c. 27, s. 273.

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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.

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Conditions

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.

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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) .

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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.

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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.

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Appeal

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.

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General

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.

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144 No compensation may be assigned, charged, attached, anticipated, commuted or given as security.

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PART II
Conditional Release

Application

145 This Part does not apply in respect of provincial parole boards.

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Authorization

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.

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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;
  • (f) recommending the laying of an information charging the offender with an offence under section 753.3 of the Criminal Code ;
  • (g) imposing conditions on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act,
    • (i) before or after the release of the offender, in the case of the statutory release or long-term supervision of the offender, or
    • (ii) after the release of the offender, in the case of a release on parole or on an unescorted temporary absence;
  • (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.

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148 [Repealed, SOR/2012-234, s. 1]

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149 [Repealed, SOR/2012-234, s. 1]

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150 [Repealed, SOR/2012-234, s. 1]

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151 [Repealed, SOR/2012-234, s. 1]

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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.

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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.

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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.

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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.

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156 (1) An offender may apply in writing to the releasing authority for an unescorted temporary absence for a purpose described in section 155 .

(2) An application referred to in subsection (1) shall not be submitted prior to the twelve-month period preceding the offender’s eligibility date for unescorted temporary absence.

(3) Subject to subsection (4), the releasing authority shall review the case of an offender who applies for an unescorted temporary absence within six months after receiving the application, but in no case is the releasing authority required to review the case before the two months immediately preceding the offender’s eligibility date for unescorted temporary absence.

(4) The releasing authority may postpone an unescorted temporary absence review with the consent of the offender.

(5) The releasing authority may adjourn an unescorted temporary absence review for a period of not more than two months where the releasing authority requires

  • (a) further information relevant to the review; or
  • (b) further time to render a decision.

(6) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender, except an application for an unescorted temporary absence for medical reasons.

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Day Parole Reviews

157 (1) Where an offender applies for day parole pursuant to subsection 122(1) or (2) of the Act, the application shall be submitted to the Board not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced.

(2) Subject to subsection (3), the Board shall review the case of an offender who applies, in accordance with subsection (1), for day parole within six months after receiving the application, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for day parole.

(3) The Board may postpone a day parole review with the consent of the offender.

(4) The Board may adjourn a day parole review for a period of not more than two months where the Board requires

  • (a) further information relevant to the review; or
  • (b) further time to render a decision.

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Full Parole Reviews

158 (1) Subject to subsection (3), the Board shall, pursuant to subsection 123(1) of the Act, review, for the purposes of full parole, the case of an offender within the six months immediately preceding the offender’s eligibility date for full parole.

(2) Subject to subsection (3), the Board shall review, for the purpose of full parole, the case of an offender who applies pursuant to subsection 123(3) or (6) of the Act, within six months after receiving the application, where the application is received not later than six months before the expiration of two thirds of the term of imprisonment to which the offender was sentenced, but in no case is the Board required to review the case before the two months immediately preceding the offender’s eligibility date for full parole.

(3) The Board may postpone a full parole review with the consent of the offender.

(4) The Board may adjourn a full parole review for a period of not more than two months where the Board requires

  • (a) further information relevant to the review; or
  • (b) further time to render a decision.

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159 [Repealed, SOR/2012-234, s. 3]

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Detention during Period of Statutory Release

160 (1) Where the case of an offender is referred to the Board pursuant to subsection 129(2) of the Act or to the Chairperson of the Board pursuant to subsection 129(3) of the Act, the Board shall inform the offender, in writing, of

  • (a) the referral
    • (i) five months before the offender’s date for statutory release, where the case is referred to the Board or to the Chairperson of the Board not later than six months before that date, or
    • (ii) in all other cases, as soon as practicable; and
  • (b) the date of a review to be held pursuant to subsection 129(5) or 130(1) of the Act as soon as practicable after the date of the review has been set by the Board.

(2) A review of the case of an offender by the Board pursuant to subsection 130(1) of the Act shall be held

  • (a) not later than three months before the offender’s date for statutory release, where the case of the offender has been referred to the Board or to the Chairperson of the Board at least four months before that date; or
  • (b) in all other cases, not later than one month after the case has been referred to the Board or to the Chairperson of the Board.

(3) For the purposes of paragraph 130(3.2)(a) of the Act, the Board shall review the order made under paragraph 130(3)(a) of the Act within one month after the day on which the Board is notified that an offender has received an additional sentence referred to in subsection 130(3.2) of the Act.

SOR/96-108, s. 3.

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Conditions of Release

161 (1) For the purposes of subsection 133(2) of the Act, every offender who is released on parole or statutory release is subject to the following conditions, namely, that the offender

  • (a) on release, travel directly to the offender’s place of residence, as set out in the release certificate respecting the offender, and report to the offender’s parole supervisor immediately and thereafter as instructed by the parole supervisor;
  • (b) remain at all times in Canada within the territorial boundaries fixed by the parole supervisor;
  • (c) obey the law and keep the peace;
  • (d) inform the parole supervisor immediately on arrest or on being questioned by the police;
  • (e) at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;
  • (f) report to the police if and as instructed by the parole supervisor;
  • (g) advise the parole supervisor of the offender’s address of residence on release and thereafter report immediately
    • (i) any change in the offender’s address of residence,
    • (ii) any change in the offender’s normal occupation, including employment, vocational or educational training and volunteer work,
    • (iii) any change in the domestic or financial situation of the offender and, on request of the parole supervisor, any change that the offender has knowledge of in the family situation of the offender, and
    • (iv) any change that may reasonably be expected to affect the offender’s ability to comply with the conditions of parole or statutory release;
  • (h) not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor; and
  • (i) in respect of an offender released on day parole, on completion of the day parole, return to the penitentiary from which the offender was released on the date and at the time provided for in the release certificate.

(2) For the purposes of subsection 133(2) of the Act, every offender who is released on unescorted temporary absence is subject to the following conditions, namely, that the offender

  • (a) on release, travel directly to the destination set out in the absence permit respecting the offender, report to a parole supervisor as directed by the releasing authority and follow the release plan approved by the releasing authority;
  • (b) remain in Canada within the territorial boundaries fixed by the parole supervisor for the duration of the absence;
  • (c) obey the law and keep the peace;
  • (d) inform the parole supervisor immediately on arrest or on being questioned by the police;
  • (e) at all times carry the absence permit and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;
  • (f) report to the police if and as instructed by the releasing authority;
  • (g) return to the penitentiary from which the offender was released on the date and at the time provided for in the absence permit;
  • (h) not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor.

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162 (1) Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decision

  • (a) in the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;
  • (b) in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; and
  • (c) in the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.

(2) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.

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162.1 If the Service demands that an offender wear a monitoring device in order to monitor their compliance with a condition set out in subsection 57.1(1) of the Act, the Service is to inform the offender of the duration of the requirement.

SOR/2015-141, s. 1.

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162.2 For the purposes of subsection 57.1(2) of the Act, the prescribed official is a monitoring device coordinator.

SOR/2015-141, s. 1.

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162.3 If an offender makes representations regarding the duration of the requirement referred to in subsection 57.1(2) of the Act, the monitoring device coordinator is to review the representations and confirm or vary the duration of the requirement.

SOR/2015-141, s. 1.

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162.4 The Commissioner is authorized to make rules, by Commissioner’s Directive, regarding the consequences of tampering with or refusing to wear a monitoring device.

SOR/2015-141, s. 1.

Corresponding Act: Sections 133-134 Conditions of Release

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Cancellation, Suspension, Termination and Revocation of Release

163 (1) Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.

(2) Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

(3) Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender’s request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.

(4) Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

SOR/96-108, s. 4.

Corresponding Act: Sections 135-138 Suspension, Termination and Revocation of Parole or Statutory Release

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Review by Way of Hearing

164 (1) Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.

(2) Where the Board’s approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.

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Dispensing with a Hearing

165 Subsection 140(3) of the Act respecting reviews that the Board may conduct without a hearing applies

  • (a) [Repealed, SOR/2012-234, s. 4]
  • (b) in respect of a review for day parole, to an offender serving a sentence of imprisonment of less than two years; and
  • (c) in respect of a review for full parole, to an offender who has been released on day parole at the time of the review.

SOR/2012-234, s. 4.

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Records of Reviews and Decisions

166 (1) Where the Board conducts a review of the case of an offender by way of hearing, it shall maintain a record of the proceedings until the expiration of the offender’s sentence according to law.

(2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall

  • (a) maintain a copy of the decision and the reasons for the decision until the expiration of the offender’s sentence; and
  • (b) provide the offender with a copy of the decision, including the reasons for the decision, within 15 days after the day on which it was made.

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Access to the Registry of Decisions for Research Purposes

167 (1) A person who is requesting, pursuant to subsection 144(3) of the Act, access to the registry of decisions of the Board for research purposes shall apply in writing to the Board and provide a written description of the nature of the information and the classes of decisions in respect of which access is sought.

(2) Subject to subsection (3), where the conditions set in subsection (1) have been complied with, the Board shall allow the person to have access to the registry within one month after receiving the application.

(3) The Chairperson of the Board may extend the time limit set out in subsection (2) where, having regard to all of the circumstances,

  • (a) access is requested to such a large number of decisions or necessitates a search in such a large number of decisions that the time set out in subsection (2) is unreasonable; or
  • (b) consultations are necessary and require a longer period of time before the Board may adequately respond to the request.

(4) Where a longer period of time is required by the Board pursuant to subsection (3), it shall inform the person who is requesting access of the reasons for the extension within one month after receiving the application.

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Appeals to Appeal Division

168 For the purposes of subsection 147(3) of the Act, an offender or a person acting on behalf of an offender may appeal a decision of the Board to the Appeal Division by sending a written notice to the Board stating the grounds on which the appeal is made and providing the information and material in support of the grounds of appeal, within two months after the decision of the Board.

Corresponding Act: Sections 147 Appeal to Appeal Division

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SCHEDULE

(Subsection 94(2))

1 Governor General of Canada

2 Solicitor General of Canada

3 Judges and provincial court judges of Canadian courts, including the registrars of those courts

4 Members of the Senate

5 Members of the House of Commons

6 Consular officials

7 Members of provincial legislatures

8 Members of the Legislative Council for the Yukon or the Northwest Territories

9 Deputy Solicitor General of Canada

10 Commissioner of the Correctional Service of Canada

11 Chairperson of the National Parole Board

12 Commissioner of Official Languages

13 Canadian Human Rights Commission

14 Information Commissioner

15 Privacy Commissioner

16 Provincial ombudspersons

17 Assistant Commissioner, Audit and Investigations of the Correctional Service of Canada

18 Privacy Co-ordinators of federal departments

19 Correctional Investigator of Canada 20 Legal counsel