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Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2019-12-03 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Escorted Temporary Absences and Work Releases

 For the purposes of paragraph 17(1)(b) of the Act, the institutional head may authorize an escorted temporary absence of an inmate

  • (a) for medical reasons to allow the inmate to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;

  • (b) for administrative reasons to allow the inmate to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the inmate is serving;

  • (c) for community service purposes to allow the inmate to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;

  • (d) for family contact purposes to assist the inmate in maintaining and strengthening family ties as a support to the inmate while in custody and as a potential community resource on the inmate’s release;

  • (e) for parental responsibility reasons to allow the inmate to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the inmate and the child;

  • (f) for personal development for rehabilitative purposes to allow the inmate to participate in specific treatment activities with the goal of reducing the risk of the inmate re-offending or to allow the inmate to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Indigenous persons, with the goal of assisting the reintegration of the inmate into the community as a law-abiding citizen; or

  • (g) for compassionate reasons to allow the inmate to attend to urgent matters affecting the members of the inmate’s immediate family or other persons with whom the inmate has a close personal relationship.

  • SOR/2019-299, s. 4
  •  (1) The power of the Commissioner under subsection 17(1) of the Act to approve non-medical escorted temporary absences for a period exceeding five days but not exceeding fifteen days may be exercised by the head of the region.

  • (2) The power of the Commissioner under subsection 18(2) of the Act to approve a work release where the duration of the work release is to exceed 60 days may be exercised by the head of the region.

  • SOR/2019-299, s. 5

Placement and Transfers

 An institutional head shall ensure that an inmate is informed in writing of the reasons for the placement of the inmate in a particular penitentiary and that the inmate is given an opportunity to make representations with respect thereto,

  • (a) where the penitentiary placement process takes place in a provincial correctional facility, within two weeks after the initial placement of the inmate in a penitentiary; or

  • (b) where the penitentiary placement process takes place in a penitentiary, before the transfer of the inmate to the assigned penitentiary but after the initial reception process.

 Before the transfer of an inmate pursuant to section 29 of the Act, other than a transfer at the request of the inmate, an institutional head or a staff member designated by the institutional head shall

  • (a) give the inmate written notice of the proposed transfer, including the reasons for the proposed transfer and the proposed destination;

  • (b) after giving the inmate a reasonable opportunity to prepare representations with respect to the proposed transfer, meet with the inmate to explain the reasons for the proposed transfer and give the inmate an opportunity to make representations with respect to the proposed transfer in person or, if the inmate prefers, in writing;

  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

  • (d) give the inmate written notice of the final decision respecting the transfer, and the reasons for the decision,

    • (i) at least two days before the transfer if the final decision is to transfer the inmate, unless the inmate consents to a shorter period; and

    • (ii) within five working days after the decision if the final decision is not to transfer the inmate.

  •  (1) Section 12 does not apply where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the security of the penitentiary or the safety of the inmate or any other person.

  • (2) Where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the reasons set out in subsection (1), the institutional head of the penitentiary to which the inmate is transferred or a staff member designated by that institutional head shall

    • (a) meet with the inmate not more than two working days after the transfer to explain the reasons for the transfer and give the inmate an opportunity to make representations with respect to the transfer in person or, if the inmate prefers, in writing;

    • (b) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

    • (c) give the inmate, within five working days after the final decision, written notice of the final decision respecting the transfer and the reasons for the decision.

  •  (1) Once the obligations set out in subsection 34(3) of the Act have been fulfilled, the Service shall provide the inmate with an opportunity to make representations with respect to their transfer to a structured intervention unit in person or, if the inmate prefers, in writing, and those representations shall be sent to the institutional head so that they may make their determination within the timelines set out in subsection 29.01(2) of the Act.

  • (2) When the institutional head makes the determination set out in subsection 29.01(2) of the Act, they shall consider the inmate’s representations and the staff member’s reasons for granting the authorization and any alternative that was considered.

  • (3) No later than one working day after the day on which a determination was made under subsection 29.01(2) of the Act, the inmate shall be orally advised of the determination, including the reasons for the determination, and no later than two working days after the day on which the determination was made, they shall be provided with those reasons in writing.

  • SOR/2019-299, s. 6

 Where an inmate is transferred pursuant to section 29 of the Act for assessment purposes and after the assessment a recommendation is made to keep the inmate in the penitentiary in which the assessment was made, the institutional head of that penitentiary or a staff member designated by the institutional head shall

  • (a) give the inmate written notice of the recommendation, including the reasons for the recommendation;

  • (b) after giving the inmate a reasonable opportunity to prepare representations with respect to the recommendation, meet with the inmate to explain the reasons for the recommendation and give the inmate an opportunity to make representations with respect to the recommendation in person or, if the inmate prefers, in writing;

  • (c) forward the inmate’s representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

  • (d) give the inmate written notice of the final decision respecting the recommendation and the reasons for the decision, within two working days after the final decision.

 Where an inmate submits a request for a transfer referred to in section 29 of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) shall consider the request and give the inmate written notice of the decision, within 60 days after the submission of the request, including the reasons for the decision if the decision is to deny the request.

 The following transfers shall be effected by a warrant signed by,

  • (a) in the case of a transfer effected under paragraph 29(a) or (c) of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1)(b); or

  • (b) in the case of a transfer under subsection 29.01(1) of the Act to a structured intervention unit located in a penitentiary other than the one in which the inmate is held, the staff member referred to in that subsection.

  • SOR/2019-299, s. 7

Security Classification

 For the purposes of section 30 of the Act, the Service shall consider the following factors in assigning a security classification to each inmate:

  • (a) the seriousness of the offence committed by the inmate;

  • (b) any outstanding charges against the inmate;

  • (c) the inmate’s performance and behaviour while under sentence;

  • (d) the inmate’s social, criminal and, if available, young-offender history and any dangerous offender designation under the Criminal Code;

  • (e) any physical or mental illness or disorder suffered by the inmate;

  • (f) the inmate’s potential for violent behaviour; and

  • (g) the inmate’s continued involvement in criminal activities.

  • SOR/2008-198, s. 1
  • SOR/2019-299, s. 8
 
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