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

Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IIICorrectional Investigator (continued)

Annual and Special Reports

Marginal note:Annual reports

 The Correctional Investigator shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Correctional Investigator during that year, and the Minister shall cause every such report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.

Marginal note:Urgent matters

 The Correctional Investigator may, at any time, make a special report to the Minister referring to and commenting on any matter within the scope of the function, powers and duties of the Correctional Investigator where, in the opinion of the Correctional Investigator, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for the submission of the next annual report to the Minister under section 192, and the Minister shall cause every such special report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.

Marginal note:Reporting of public hearings

 Where the Correctional Investigator decides to hold hearings in public in relation to any investigation, the Correctional Investigator shall indicate in relation to that investigation, in the report submitted under section 192, the reasons why the hearings were held in public.

Marginal note:Adverse comments

 Where it appears to the Correctional Investigator that there may be sufficient grounds for including in a report under section 192 or 193 any comment or information that reflects or might reflect adversely on any person or organization, the Correctional Investigator shall give that person or organization a reasonable opportunity to make representations respecting the comment or information and shall include in the report a fair and accurate summary of those representations.

Confidences of the Queen’s Privy Council

Marginal note:Confidences of the Queen’s Privy Council for Canada

  •  (1) The powers of the Correctional Investigator under sections 172, 173 and 174 do not apply with respect to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,

    • (a) memoranda the purpose of which is to present proposals or recommendations to Council;

    • (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

    • (c) agenda of Council or records recording deliberations or decisions of Council;

    • (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

    • (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

    • (f) draft legislation; and

    • (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).

  • Definition of Council

    (2) For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.

  • Marginal note:Exception

    (3) Subsection (1) does not apply with respect to

    • (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or

    • (b) discussion papers described in paragraph (1)(b)

      • (i) if the decisions to which the discussion papers relate have been made public, or

      • (ii) where the decisions have not been made public, if four years have passed since the decisions were made.

Regulations

Marginal note:Regulations

 The Governor in Council may make such regulations as the Governor in Council deems necessary for carrying out the purposes and provisions of this Part.

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada.

PART IVConsequential and Related Amendments, Repeal and Transitional Provisions and Coming into Force

Criminal Code

 [Amendments]

 [Repealed, 1995, c. 42, s. 61]

Prisons and Reformatories Act

 [Amendments]

Transfer of Offenders Act

 [Amendments]

Department of the Solicitor General Act

 [Amendment]

Repeal

 [Repeals]

References

 [Amendments]

Transitional Provisions

Marginal note:Commissioner remains in office

 The person holding office as Commissioner of Corrections on the coming into force of section 214 continues in office as Commissioner and shall be deemed to have been appointed under Part I of this Act.

Marginal note:Federal-provincial agreements

  •  (1) Any agreements made under the Penitentiary Act or the Prisons and Reformatories Act and in existence on the coming into force of section 214, to the extent that they are authorized to be entered into under subsection 15(3) or 16(1) of this Act, shall be deemed to have been entered into under that subsection.

  • Marginal note:Idem

    (2) Any agreements made under the Parole Act and in existence on the coming into force of section 213, to the extent that they are authorized to be entered into under section 114 of this Act, shall be deemed to have been entered into under that section.

Marginal note:Temporary absences

 Any temporary absence authorized under section 28 or 29 of the Penitentiary Act shall, on the coming into force of section 214, be dealt with as if it had been authorized under section 17 of this Act.

Marginal note:Administrative segregation, discipline

 All matters relating to administrative segregation and disciplinary offences shall, on the coming into force of section 214, be dealt with in accordance with Part I of this Act.

Marginal note:Definitions

 In this section and sections 222 to 227,

commencement day

commencement day means the day on which section 213 comes into force; (entrée en vigueur)

former Act

former Act means the Parole Act as it read immediately before the commencement day; (loi antérieure)

former Board

former Board means the National Parole Board established by section 3 of the former Act. (ancienne Commission)

Marginal note:Members of former Board

  •  (1) A person who, immediately before the commencement day, was a full-time or temporary member of the former Board shall be deemed to have been appointed on the commencement day pursuant to section 103 to hold that office on the Board for a term equal to the remainder of the term for which the person was appointed.

  • Marginal note:Former Chairman and Vice-Chairman

    (2) The persons who, immediately before the commencement day, were Chairman and Vice-Chairman of the former Board shall be deemed to have been designated on the commencement day pursuant to section 104 to hold the offices of Chairperson and Executive Vice-Chairperson, respectively.

  • Marginal note:Continuation of community Board members

    (3) The repeal of the former Act does not affect the designation of a person who, immediately before the commencement day, was a person designated by the Minister pursuant to section 8 of the former Act, who may continue to conduct, as a regional community representative of the Board, the reviews of the classes of cases of offenders referred to in that section for the remainder of the term for which the person was designated.

  • Marginal note:Remuneration

    (4) A person referred to in subsection (3) shall be paid such remuneration as is fixed by the Governor in Council for each day that the person is performing duties referred to in that subsection, and is entitled to be paid reasonable travel and living expenses incurred while performing those duties away from the person’s ordinary place of residence.

Marginal note:Reviews in progress

 A review of the case of an offender begun under the former Act shall be continued after the commencement day as if it had been begun under this Act.

Marginal note:Parole and temporary absences

  •  (1) Any parole granted or temporary absence authorized under the former Act shall, on and after the commencement day, be dealt with as if it had been granted or authorized under Part II of this Act.

  • Marginal note:Mandatory supervision

    (2) Any person who is at large and subject to mandatory supervision under the former Act immediately before the commencement day shall be deemed, after that day, to be on statutory release under Part II of this Act.

 
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