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

Marginal note:Exceptions

• 37 (1) Paragraph 36(1)(a) or (b), as the case may be, does not apply

  • (a) if the inmate refuses to avail themselves of the opportunity referred to in that paragraph;

  • (b) if the inmate, at the time the opportunity referred to in that paragraph is provided to them, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary; or

  • (c) in the prescribed circumstances, which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code, and those circumstances must be limited to what is reasonably required for security purposes.

• Marginal note:Record

  (2) The Service shall maintain a record of every instance that an inmate has been offered an opportunity referred to in paragraph 36(1)(a) or (b) that the inmate refused, indicating the specific opportunity and any reason given for the refusal, or has not been given such an opportunity by reason of paragraph (1)(b) or (c).