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Corrections and Conditional Release Act

Version of section 96 from 2019-06-21 to 2019-11-29:

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the duties of staff members;

  • (b) for authorizing staff members or classes of staff members to exercise powers, perform duties or carry out functions that this Part assigns to the Commissioner or the institutional head;

  • (c) respecting, for the purposes of section 22,

    • (i) the circumstances in which compensation may be paid,

    • (ii) what constitutes a disability,

    • (iii) the manner of determining whether a person has a disability, and the extent of the disability,

    • (iv) what constitutes an approved program,

    • (v) to whom compensation may be paid, and

    • (vi) the compensation that may be paid, the time or times at which the compensation is to be paid, the terms and conditions in accordance with which the compensation is to be paid, and the manner of its payment;

  • (d) respecting the placement of inmates pursuant to section 28 and their transfer pursuant to section 29;

  • (e) providing for the matters referred to in section 70;

  • (f) respecting allowances, clothing and other necessities to be given to inmates when leaving penitentiary either temporarily or permanently;

  • (g) respecting the administrative segregation of inmates;

  • (h) prescribing the contents of the notice to be given to an inmate under section 42, and the time when the notice is to be given to the inmate;

  • (i) in connection with the disciplinary sanctions described in section 44,

    • (i) prescribing the maximum of each of those sanctions, which maxima shall be higher for serious disciplinary offences than for minor ones,

    • (ii) prescribing factors and guidelines to be considered or applied in imposing those sanctions,

    • (iii) prescribing the scope of each of those sanctions, and

    • (iv) respecting the enforcement, suspension and cancellation of those sanctions;

  • (j) providing for a review of the decisions of the person or persons conducting a disciplinary hearing;

  • (k) providing for

    • (i) the appointment of persons other than staff members to conduct disciplinary hearings or to review decisions pursuant to regulations made under paragraph (j), and

    • (ii) the remuneration and travel and living expenses of persons referred to in subparagraph (i);

  • (l) prescribing the manner in which a search referred to in

    • (i) paragraph (b) of the definition “frisk search” in section 46,

    • (ii) paragraph (b) of the definition “non-intrusive search” in section 46, or

    • (iii) paragraph (b) of the definition “strip search” in section 46

    shall be carried out;

  • (m) prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;

  • (m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;

  • (n) prescribing the effect that a visitor’s refusal to undergo a search can have on the visitor’s right to visit an inmate or remain at the penitentiary;

  • (o) respecting

    • (i) the submission of reports referred to in section 67, and

    • (ii) the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;

  • (p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

  • (q) providing for inmates’ moneys to be held in trust accounts;

  • (r) respecting inmates’ work and working conditions;

  • (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

  • (t) respecting the conducting of businesses by inmates;

  • (u) prescribing an offender grievance procedure;

  • (v) for the organization, training, discipline, efficiency, administration and good management of the Service;

  • (w) providing for inmates’ access to

    • (i) legal counsel and legal reading materials,

    • (ii) non-legal reading materials, and

    • (iii) a commissioner for taking oaths and affidavits;

  • (x) respecting inmates’ attendance at judicial proceedings;

  • (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

  • (z) prescribing the procedure governing the disposal of the effects of an escaped inmate;

  • (z.1) for the delivery of the estate of a deceased inmate to the inmate’s personal representative in accordance with the applicable provincial law;

  • (z.1.1) prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);

  • (z.2) prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner’s Directive;

  • (z.2.1) providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner’s Directive, and respecting the circumstances under which payment of that amount is not required;

  • (z.3) providing for remuneration and travel and living expenses of members of committees established pursuant to subsection 82(1);

  • (z.4) for the involvement of members of the community in the operation of the Service;

  • (z.5) prescribing procedures to be followed after the use of force by a staff member;

  • (z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

  • (z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

  • (z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

  • (z.9) respecting the manner and form of making requests to the Commissioner under section 26 and respecting how those requests are to be dealt with;

  • (z.10) imposing obligations or prohibitions on the Service for the purpose of giving effect to any provision of this Part;

  • (z.11) prescribing anything that by this Part is to be prescribed; and

  • (z.12) generally for carrying out the purposes and provisions of this Part.

  • 1992, c. 20, s. 96
  • 1995, c. 42, ss. 25, 72(F)
  • 2012, c. 1, s. 69
  • 2014, c. 36, s. 2(F)
  • 2019, c. 27, s. 31(F)

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