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

Reporting Incidents and Time Limits

• 124 (1) Subject to subsections (2) and (3), the Minister or authorized person shall not pay compensation unless the incident giving rise to the claim for compensation is reported to the Service by the claimant within three months after its occurrence, which report shall include

  • (a) the place and date of the incident;

  • (b) a full description of the incident; and

  • (c) the names and addresses of all known witnesses.

• (2) Where the claimant does not submit a report within the period referred to in subsection (1), the Minister or authorized person may extend the period referred to in that subsection where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

• (3) A claimant is not required to make a report referred to in subsection (1) if the Service already has in its possession a report of the incident giving rise to the claim.

• 125 (1) Subject to subsection (2), the Minister or authorized person shall not pay compensation unless a claim for compensation is submitted

  • (a) in the case of the death of an inmate or a person on day parole, within three months after the death; and

  • (b) in the case of a disability, before the date on which, after the incident giving rise to the claim, the inmate or person on day parole is first released on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence.

• (2) The Service may extend a period referred to in subsection (1) for a period of not more than two years after the death or the occurrence of the incident giving rise to the claim where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

Claims for Compensation

126 Every claim for compensation shall be in writing, signed by the claimant or a person legally authorized to act on behalf of the claimant, and set out the following information:

• (a) the name of the inmate or person on day parole in respect of whom the claim is made;

• (b) in the case of a claim for a disability,

  • (i) the date of the incident giving rise to the claim, and

  • (ii) the nature and location of any medical care provided to the inmate or person on day parole; and

• (c) in the case of a claim in respect of the death of an inmate or a person on day parole, the names and addresses of all known dependants.

Determination of Entitlement to Compensation

127 The Minister or authorized person shall not pay compensation unless

• (a) the claimant mails or otherwise delivers a claim for compensation to Labour Canada;

• (b) Labour Canada examines the claim;

• (c) Labour Canada makes an assessment that the claimant has a disability;

• (d) where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assesses

  • (i) the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker’s Compensation Board of Ontario at the time the disability is assessed, and

  • (ii) the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;

• (e) in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and

• (f) Labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.

Compensation for a Disability

• 128 (1) Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant’s earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.

• (2) Compensation for a disability shall only be paid for the period that the disability continues.

• 129 (1) Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments.

• (2) Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments.

• (3) A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant’s financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant.

• (4) Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal.

• (5) The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers’ Compensation Board of Ontario at the time that the disability is assessed.

130 Notwithstanding any other provision of these Regulations, except section 141, the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.

Compensation Payable on Death

• 131 (1) Subject to subsection (2), the compensation that may be paid in respect of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program is

  • (a) subject to section 117, an amount not exceeding $900 for the burial or cremation of the body;

  • (b) subject to section 117, an amount not exceeding $300, where for compassionate reasons the body is transported to a region or an area that is outside the region or area in which the inmate or person on day parole resided immediately before the death;

  • (c) a lump sum of $500 plus a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the payment, for the surviving spouse; and

  • (d) $125 per month for each dependent child, and if the surviving spouse dies, $140 per month thereafter.

• (2) Where compensation is payable to dependent children who are the sole survivors of an inmate or a person on day parole and the dependent children have been placed in the care and custody of a foster parent by the appropriate provincial authorities, the Minister or authorized person may pay the foster parent a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the monthly payment until the last dependent child in the care and custody of the foster parent ceases to be eligible for compensation.

132 The Minister or authorized person may request, in writing, that a claimant who is a dependant submit proof that the claimant meets the conditions set out in these Regulations for payment of compensation, and may, until receipt of such proof, withhold further payments.

No Payment in Certain Cases

133 The Minister or authorized person shall not pay compensation in respect of the death or disability of an inmate or a person on day parole where the death or disability is attributable to improper conduct, including self-inflicted wounding or criminal conduct, by the inmate or person on day parole.

134 The Minister or authorized person shall not pay compensation to a claimant for any period during which the claimant is incarcerated or serving a sentence in a provincial correctional facility.

135 The Minister or authorized person shall not pay compensation to a claimant who is or would have been eligible to claim compensation in respect of the incident giving rise to the claim under the Government Employees Compensation Act or the Merchant Seamen Compensation Act, or under provincial compensation legislation providing for compensation to workers or their dependants.

• 136 (1) The Minister or authorized person shall not pay compensation in respect of a disability to a claimant who resides outside Canada, other than a claimant

  • (a) whose residence outside Canada has been approved by the Minister pursuant to subsection (2);

  • (b) who was removed from Canada pursuant to a removal order, or left Canada pursuant to a departure notice, made under the Immigration and Refugee Protection Act;

  • (c) who was deported from Canada pursuant to the Immigration and Refugee Protection Act as that Act read prior to April 10, 1978; or

  • (d) who has been transferred outside Canada under the Transfer of Offenders Act.

• (2) Where a claimant is claiming or receiving compensation for a disability, the Minister or authorized person shall, before granting approval of the residence outside Canada, consider whether the residence will worsen the claimant’s disability or increase the medical care required by the claimant.

137 The Minister or authorized person shall not pay compensation where the Minister or authorized person determines that, because of the place or circumstances in which the claimant is living, the claimant would not be or would no longer be a dependant if the deceased inmate or person on day parole was still living.

Conditions

138 The Minister or authorized person shall not pay compensation unless the claimant or a person legally authorized to act on behalf of the claimant signs

• (a) a release of any right of action that the claimant may have against Her Majesty in right of Canada arising from the incident giving rise to the claim; and

• (b) an undertaking that the claimant will, when requested to do so by the Service, co-operate with the Service, other than in a pecuniary manner, in any action, proceeding or appeal that the Service undertakes against any other person arising out of the incident giving rise to the claim.

Refusal or Cessation of Payments

139 The Minister or authorized person may refuse to make a payment or may discontinue payments to a person who is claiming or who is in receipt of compensation for a disability if the person

• (a) fails to submit to a medical examination within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;

• (b) fails to verify the occurrence or continuance of the disability within a reasonable time after being requested to do so by the Minister or authorized person, or by Labour Canada for the purpose of making an assessment;

• (c) neglects to seek or refuses to receive medical care that the Minister or authorized person has determined, after consultation with the medical profession and Labour Canada, is necessary for the disability; or

• (d) fails to comply with an undertaking referred to in paragraph 138(b).

Other Actions Brought by Persons Who May Make a Claim for Compensation

• 140 (1) Subject to subsections (2) and (3), where an action is brought against a person other than Her Majesty in right of Canada for damages in respect of an incident that could give rise to a claim for compensation by the person bringing the action, before or after a claim for compensation is made, the Minister or authorized person shall not pay compensation until the final disposition of the action.

• (2) Where a decision made in an action referred to in subsection (1) awards damages in an amount less than the total amount that would be payable under section 22 of the Act, the Minister or authorized person may pay compensation that, in the aggregate, does not exceed the difference between the awarded damages and the total amount.

• (3) Where an action referred to in subsection (1) is dismissed or discontinued, the Minister or authorized person may pay compensation as if the action had not been brought.

• (4) For the purposes of subsection (2), awarded damages include an amount payable pursuant to a consent judgment or settlement, if the Minister or authorized person has agreed, in writing, to the consent judgment before it is issued or to the settlement before it is concluded.

141 Where the Service brings an action against a person other than a claimant in respect of the death or disability of an inmate or a person on day parole and recovers damages exceeding the total amount of the compensation payable pursuant to section 22 of the Act, the Service shall pay to the claimant the difference between the damages recovered and the total amount, minus the cost of bringing the action.

Appeal

• 142 (1) A claimant may submit an appeal, in writing, to the Minister or authorized person respecting the refusal to pay compensation, the amount of compensation paid or the discontinuance of payment of compensation.

• (2) The Minister or authorized person shall, within a reasonable time, advise the claimant, in writing, of the decision on the appeal and the reasons for the decision.

General

143 Where compensation is payable to a claimant who cannot manage the claimant’s own financial affairs, the Minister or authorized person may pay the compensation to the person who is managing the claimant’s financial affairs.

144 No compensation may be assigned, charged, attached, anticipated, commuted or given as security.

PART IIConditional Release

Application

145 This Part does not apply in respect of provincial parole boards.

Authorization

• 146 (1) The power of the institutional head, under subsection 116(10) of the Act, to cancel an unescorted temporary absence after its commencement may be exercised by a person responsible for a parole office.

• (2) The power of the institutional head, under subsection 117(3) of the Act, to suspend an unescorted temporary absence may be exercised by a person responsible for a parole office.

• (3) The duty of the Commissioner, under subsection 129(3) of the Act, to refer a case to the Chairperson of the Board may be exercised by the Senior Deputy Commissioner or, where the Senior Deputy Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Senior Deputy Commissioner.

Number of Members that Constitute a Panel

147 The review of the case of an offender shall be made by a panel that consists of at least one member of the Board if the review involves making a decision respecting

• (a) terminating or revoking the parole or statutory release of the offender;

• (b) cancelling the suspension, termination or revocation of the parole or statutory release of the offender;

• (c) cancelling a decision to authorize the unescorted temporary absence of the offender referred to in paragraph 107(1)(e) of the Act;

• (d) confirming the decision to terminate or revoke parole or statutory release of the offender;

• (e) cancelling the suspension of the long-term supervision of the offender;

• (f) recommending the laying of an information charging the offender with an offence under section 753.3 of the Criminal Code;

• (g) imposing conditions on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act,

  • (i) before or after the release of the offender, in the case of the statutory release or long-term supervision of the offender, or

  • (ii) after the release of the offender, in the case of a release on parole or on an unescorted temporary absence;

• (h) relieving from the compliance with, or varying the application of, the conditions referred to in subsection 133(2) or 134.1(1) of the Act;

• (i) removing or varying a condition imposed on the offender under subsection 133(3), (4) or (4.1) or 134.1(2) of the Act;

• (j) granting parole or cancelling a decision to grant parole to the offender who is serving a sentence of imprisonment of less than two years; and

• (k) postponing a review.