Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-02-11 and last amended on 2019-11-30. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 11, s. 6

      • 6 (1) Subparagraph 142(1)(b)(iii) of the Act is repealed.

      • (2) Subparagraphs 142(1)(b)(v) and (vi) of the Act are repealed.

      • (3) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (viii) and by adding the following after that subparagraph:

        • (viii.1) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan, and

      • (4) Subsection 142(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) shall disclose to the victim any of the following information about the offender, if, in the Chairperson’s opinion, the disclosure would not have a negative impact on the safety of the public:

          • (i) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,

          • (ii) any conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence, and

          • (iii) the destination of the offender when released on unescorted temporary absence, parole or statutory release and whether the offender will be in the vicinity of the victim while travelling to that destination.

      • (5) Section 142 of the Act is amended by adding the following after subsection (1):

        • Timing of disclosure

          (1.1) The Chairperson shall disclose the information referred to in paragraph (1)(c) at least 14 days, where practicable, before the offender in question is to be released.

        • Continuing duty to disclose

          (1.2) If a victim makes a request to the Chairperson under subsection (1) in respect of the information relating to an offender and, subsequent to that initial request, there are changes to that information, the Chairperson shall, in accordance with that subsection, disclose any such changes to the victim, unless the victim notifies the Chairperson that he or she does not wish to be so informed.

  • — 2015, c. 13, s. 58

    • Bill C-479

      58 If Bill C-479, introduced in the 1st session of the 41st Parliament and entitled An Act to bring Fairness for the Victims of Violent Offenders, receives royal assent, then, on the first day on which both subsection 6(3) of that Act and subsection 46(4) of this Act are in force, subsection 142(1.1) of the Corrections and Conditional Release Act is replaced by the following:

      • Timing of disclosure

        (1.1) The Chairperson shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Chairperson shall disclose it at least 14 days before that day.

  • — 2019, c. 27, s. 12

    • 12 Section 46 of the Act is amended by adding the following in alphabetical order:

      body scan search

      body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. (fouille par balayage corporel)

  • — 2019, c. 27, s. 15

    • 15 The Act is amended by adding the following after section 48:

      • Search by body scan

        48.1 A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes.

  • — 2019, c. 27, s. 16

    • 16 Section 51 of the Act is replaced by the following:

      • Detention in dry cell
        • 51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled.

        • Visits by registered health care professional

          (2) The inmate must be visited at least once every day by a registered health care professional.

  • — 2019, c. 27, s. 18

    • 18 The Act is amended by adding the following after section 60:

      • Search by body scan

        60.1 A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes.

  • — 2019, c. 27, s. 21

    • 21 The Act is amended by adding the following after section 64:

      • Search by body scan

        64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes.

  • — 2019, c. 27, s. 22

    • 22 Subsection 65(1) of the Act is replaced by the following:

      • Power to seize
        • 65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.

Date modified: