Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Exigent circumstances — declaration

• 94.7 (1) The institutional head of a penitentiary may declare in writing that exigent circumstances exist with respect to

  • (a) a designated immigrant station adjacent to the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the designated immigrant station or to the security of the designated immigrant station; or

  • (b) the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the penitentiary or to the security of the penitentiary.

• Marginal note:Notice — staff members and detention enforcement officers

  (2) If the institutional head declares under subsection (1) that exigent circumstances exist with respect to a designated immigrant station adjacent to the penitentiary or with respect to the penitentiary adjacent to a designated immigrant station, the institutional head must immediately notify the staff members of the penitentiary and the detention enforcement officers of the designated immigrant station. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify the staff members and detention enforcement officers.

• Marginal note:Notice — portion of Service that administers health care

  (3) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head must immediately notify the portion of the Service that administers health care. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify that portion of the Service.

• Marginal note:Additional support

  (4) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head may, during the period in which they are satisfied that the exigent circumstances exist, authorize a staff member to search, escort, arrest or detain an immigration detainee in the designated immigrant station to assist a detention enforcement officer in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b).

• Marginal note:Health care

  (5) During the period that begins when the portion of the Service that administers health care is notified under subsection (3) that exigent circumstances exist with respect to a designated immigrant station and ends when it is notified under that subsection that the exigent circumstances no longer exist, a registered health care professional employed or engaged by the Service may provide health care to an immigration detainee of the designated immigrant station if the professional considers it necessary in order to preserve the life of, or treat a serious bodily injury suffered by, that detainee.

• Marginal note:Delivery of items

  (6) If, in the course of activities carried out under an authorization granted under subsection (4), a staff member finds an item that the Canada Border Services Agency has prohibited within the designated immigrant station, the staff member must immediately deliver the item to a detention enforcement officer.

• Marginal note:Seizure

  (7) If an item is delivered to a detention enforcement officer under subsection (6), the detention enforcement officer may seize and hold the item under section 140 of the Immigration and Refugee Protection Act.

• Marginal note:Peace officer

  (8) In the course of activities carried out under an authorization granted under subsection (4), a staff member has all the powers, authority, protection and privileges that a peace officer has by law in respect of an immigration detainee.

Marginal note:Members of Parliament and judges

94.8 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to enter any designated immigrant station, visit any part of a designated immigrant station and visit any immigration detainee, with the consent of the immigration detainee, subject to such reasonable limits as are prescribed for protecting the security of the designated immigrant station or the safety of persons.

Annual Report

Marginal note:Annual report

95 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after the 31st day of January next following the end of each fiscal year, a report showing the operations of the Service for that fiscal year.

Regulations

Marginal note:Regulations

96 The Governor in Council may make regulations

• (a) prescribing the duties of staff members;

• (b) for authorizing staff members or classes of staff members to exercise powers, perform duties or carry out functions that this Part assigns to the Commissioner or the institutional head;

• (c) respecting, for the purposes of section 22,

  • (i) the circumstances in which compensation may be paid,

  • (ii) what constitutes a disability,

  • (iii) the manner of determining whether a person has a disability, and the extent of the disability,

  • (iv) what constitutes an approved program,

  • (v) to whom compensation may be paid, and

  • (vi) the compensation that may be paid, the time or times at which the compensation is to be paid, the terms and conditions in accordance with which the compensation is to be paid, and the manner of its payment;

• (d) respecting the placement of inmates pursuant to section 28 and their transfer pursuant to section 29;

• (e) providing for the matters referred to in section 70;

• (f) respecting allowances, clothing and other necessities to be given to inmates when leaving penitentiary either temporarily or permanently;

• (g) respecting the confinement of inmates in a structured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;

• (g.1) respecting the powers, duties and functions of independent external decision­makers, including respecting the making of a determination as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;

• (g.2) respecting the admission of inmates to and the discharge of inmates from health care units;

• (h) prescribing the contents of the notice to be given to an inmate under section 42, and the time when the notice is to be given to the inmate;

• (i) in connection with the disciplinary sanctions described in section 44,

  • (i) prescribing the maximum of each of those sanctions, which maxima shall be higher for serious disciplinary offences than for minor ones,

  • (ii) prescribing factors and guidelines to be considered or applied in imposing those sanctions,

  • (iii) prescribing the scope of each of those sanctions, and

  • (iv) respecting the enforcement, suspension and cancellation of those sanctions;

• (j) providing for a review of the decisions of the person or persons conducting a disciplinary hearing;

• (k) providing for

  • (i) the appointment of persons other than staff members to conduct disciplinary hearings or to review decisions pursuant to regulations made under paragraph (j), and

  • (ii) the remuneration and travel and living expenses of persons referred to in subparagraph (i);

• (l) prescribing the manner in which a search referred to in

  • (i) paragraph (b) of the definition “frisk search” in section 46,

  • (ii) paragraph (b) of the definition “non-intrusive search” in section 46, or

  • (iii) paragraph (b) of the definition “strip search” in section 46

  shall be carried out;

• (m) prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;

• (m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;

• (n) prescribing the effect that a visitor’s refusal to undergo a search can have on the visitor’s right to visit an inmate or remain at the penitentiary;

• (o) respecting

  • (i) the submission of reports referred to in section 67, and

  • (ii) the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;

• (p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

• (q) providing for inmates’ moneys to be held in trust accounts;

• (r) respecting inmates’ work and working conditions;

• (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

• (t) respecting the conducting of businesses by inmates;

• (u) prescribing an offender grievance procedure;

• (v) for the organization, training, discipline, efficiency, administration and good management of the Service;

• (w) providing for inmates’ access to

  • (i) legal counsel and legal reading materials,

  • (ii) non-legal reading materials, and

  • (iii) a commissioner for taking oaths and affidavits;

• (x) respecting inmates’ attendance at judicial proceedings;

• (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

• (z) prescribing the procedure governing the disposal of the effects of an escaped inmate;

• (z.1) for the delivery of the estate of a deceased inmate to the inmate’s personal representative in accordance with the applicable provincial law;

• (z.1.1) prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);

• (z.2) prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner’s Directive;

• (z.2.1) providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner’s Directive, and respecting the circumstances under which payment of that amount is not required;

• (z.3) providing for remuneration and travel and living expenses of members of committees established pursuant to subsection 82(1);

• (z.4) for the involvement of members of the community in the operation of the Service;

• (z.5) prescribing procedures to be followed after the use of force by a staff member;

• (z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

• (z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

• (z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

• (z.9) respecting the manner and form of making requests to the Commissioner under section 26 and respecting how those requests are to be dealt with;

• (z.10) imposing obligations or prohibitions on the Service for the purpose of giving effect to any provision of this Part;

• (z.11) prescribing anything that by this Part is to be prescribed; and

• (z.12) generally for carrying out the purposes and provisions of this Part.

Rules

Marginal note:Rules

97 Subject to this Part and the regulations, the Commissioner may make rules

• (a) for the management of the Service;

• (b) for the matters described in section 4; and

• (c) generally for carrying out the purposes and provisions of this Part and the regulations.

Commissioner’s Directives

Marginal note:Commissioner’s Directives

• 98 (1) The Commissioner may designate as Commissioner’s Directives any or all rules made under section 97.

• Marginal note:Accessibility

  (2) The Commissioner’s Directives shall be accessible to offenders, staff members and the public.

PART IIConditional Release, Detention and Long-term Supervision

Interpretation

Marginal note:Definitions

• 99 (1) In this Part,

  Board

  Board means the Parole Board of Canada continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable; (Commission)

  Commissioner

  Commissioner has the same meaning as in Part I; (commissaire)

  community-based residential facility

  community-based residential facility has the same meaning as in subsection 66(3); (établissement résidentiel communautaire)

  day parole

  day parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; (semi-liberté)

  full parole

  full parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence; (libération conditionnelle totale)

  Indigenous

  Indigenous has the same meaning as in Part I; (autochtone)

  institutional head

  institutional head has the same meaning as in Part I; (Version anglaise seulement)

  long-term supervision

  long-term supervision has the same meaning as in Part I; (surveillance de longue durée)

  Minister

  Minister has the same meaning as in Part I; (ministre)

  offender

  offender means

  • (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section

    • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

    • (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or

  • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,

  but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code; (délinquant)

  parole

  parole means full parole or day parole; (libération conditionnelle)

  parole supervisor

  parole supervisor has the meaning assigned by the definition staff member in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender; (surveillant de liberté conditionnelle)

  penitentiary

  penitentiary has the same meaning as in Part I; (pénitencier)

  provincial parole board

  provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)

  regulations

  regulations means regulations made by the Governor in Council pursuant to section 156; (règlement ou réglementaire)

  sentence

  sentence has the same meaning as in Part I; (peine ou peine d’emprisonnement)

  serious harm

  serious harm means severe physical injury or severe psychological damage; (dommage grave)

  Service

  Service has the same meaning as in Part I; (Service)

  statutory release

  statutory release means release from imprisonment subject to supervision before the expiration of an offender’s sentence, to which an offender is entitled under section 127; (libération d’office)

  statutory release date

  statutory release date means the date determined in accordance with section 127; (date de libération d’office)

  unescorted temporary absence

  unescorted temporary absence means an unescorted temporary absence from penitentiary authorized under section 116; (permission de sortir sans escorte)

  victim

  victim has the same meaning as in Part I; (victime)

  working day

  working day has the same meaning as in Part I. (jour ouvrable)

• Marginal note:References to expiration of sentence

  (2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account

  • (a) any period during which the offender could be entitled to statutory release;

  • (b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or

  • (c) any remission that stands to the credit of the offender on November 1, 1992.

• Marginal note:Exercise of powers, etc.

  (3) Except as otherwise provided by this Part or by the regulations,

  • (a) powers, duties and functions assigned to the Commissioner by or pursuant to this Part may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

  • (b) powers, duties and functions assigned to the institutional head by or pursuant to this Part may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.