Marginal note:Delegation to Commissioner
117 (1) The Board may confer on the Commissioner or the institutional head, for such period and subject to such conditions as it specifies, any of its powers under section 116 in respect of any class of offenders or class of absences.
Marginal note:Delegation to provincial hospital
(2) Where, pursuant to an agreement under paragraph 16(1)(a), an offender referred to in paragraph 107(1)(e) or subsection 116(2) has been admitted to a hospital operated by a provincial government in which the liberty of persons is normally subject to restrictions, the Board, the Commissioner or the institutional head, as the case may be, may confer on the person in charge of the hospital, for such period and subject to such conditions as they specify, any of their respective powers under section 116 in relation to that offender.
Marginal note:Suspension by institutional head
(3) Where the Board has not authorized the Commissioner or the institutional head under subsection (1) in respect of the offender or in respect of the absence, the institutional head of the penitentiary from which an unescorted temporary absence has been effected may suspend the absence if, in the opinion of the institutional head, the offender’s retention in custody or recommitment to custody is justified in order to protect society, on the basis of information that could not reasonably have been provided to the Board when the absence was authorized.
Marginal note:Referral of suspension to Board
(4) An institutional head who suspends the unescorted temporary absence of an offender shall forthwith refer the offender’s case to the Board, and the Board shall decide whether the absence should be cancelled.
- 1992, c. 20, s. 117
- 1995, c. 42, s. 71(F)
- Date modified: