Exchange of Service Agreements
Marginal note:Agreements with provinces
16. (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province for
(a) the confinement in provincial correctional facilities or hospitals in that province of persons sentenced, committed or transferred to penitentiary; and
(b) the confinement in penitentiary of persons sentenced or committed to imprisonment for less than two years for offences under any Act of Parliament or any regulations made thereunder.
Marginal note:Effect of confinement
(2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.
Marginal note:Release date
(3) The release date of an offender who is transferred to penitentiary pursuant to an agreement entered into under paragraph (1)(b) shall be determined by crediting against the sentence
(a) any remission, statutory or earned, standing to the offender’s credit on the day of the transfer; and
(b) the maximum remission that could have been earned on the balance of the sentence pursuant to the Prisons and Reformatories Act.
- 1992, c. 20, s. 16;
- 1995, c. 22, s. 13, c. 42, s. 6;
- 2012, c. 1, s. 56.
Escorted Temporary Absences
Marginal note:Temporary absences may be authorized
17. (1) Where, in the opinion of the institutional head,
(a) an inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section,
(b) it is desirable for the inmate to be absent from penitentiary, escorted by a staff member or other person authorized by the institutional head, for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities,
(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence, and
(d) a structured plan for the absence has been prepared,
the absence may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, be authorized by the institutional head
(e) for an unlimited period for medical reasons, or
(f) for reasons other than medical,
(i) for a period not exceeding five days, or
(ii) with the Commissioner’s approval, for a period exceeding five days but not exceeding fifteen days.
(2) The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society.
(3) The institutional head may cancel a temporary absence either before or after its commencement.
Marginal note:Reasons to be given
(4) The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.
Marginal note:Travel time
(5) In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.
Marginal note:Delegation to provincial hospital
(6) Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate.
- 1992, c. 20, s. 17;
- 1995, c. 22, s. 13, c. 42, s. 7(F);
- 1998, c. 35, s. 108;
- 2000, c. 24, s. 34.
- Date modified: