Corrections and Conditional Release Act

This Act may be cited as the Corrections and Conditional Release Act.

In this Part,

Commissioner means the Commissioner of Corrections appointed pursuant to subsection 6(1); (commissaire)

contraband means

an intoxicant,

a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization,

an explosive or a bomb or a component thereof,

currency over any applicable prescribed limit, when possessed without prior authorization, and

any item not described in paragraphs (a) to (d) that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization; (objets interdits)

day parole has the same meaning as in Part II; (semi-liberté)

Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone)

inmate means

a person who is in a penitentiary pursuant to

a sentence, committal or transfer to penitentiary, or

a condition imposed by the Parole Board of Canada in connection with day parole or statutory release, or

a person who, having been sentenced, committed or transferred to penitentiary,

is temporarily outside penitentiary by reason of a temporary absence or work release authorized under this Act, or

is temporarily outside penitentiary for reasons other than a temporary absence, work release, parole or statutory release, but is under the direction or supervision of a staff member or of a person authorized by the Service; (détenu)

institutional head, in relation to a penitentiary, means the person who is normally in charge of the penitentiary; (Version anglaise seulement)

intoxicant means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or meet the ordinary demands of life, but does not include caffeine, nicotine or any authorized medication used in accordance with directions given by a staff member or a registered health care professional; (substance intoxicante)

long-term supervision means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i) of the Criminal Code; (surveillance de longue durée)

mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

offender means

an inmate, or

a person who, having been sentenced, committed or transferred to penitentiary, is outside penitentiary

by reason of parole or statutory release,

pursuant to an agreement referred to in subsection 81(1), or

pursuant to a court order; (délinquant)

parole has the same meaning as in Part II; (libération conditionnelle)

penitentiary means

a facility of any description, including all lands connected therewith, that is operated, permanently or temporarily, by the Service for the care and custody of inmates, and

any place declared to be a penitentiary pursuant to section 7; (pénitencier)

prescribed means prescribed by regulation; (Version anglaise seulement)

provincial parole board has the same meaning as in Part II; (commission provinciale)

sentence means a sentence of imprisonment and includes

a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and

a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; (peine ou peine d’emprisonnement)

Service means the Correctional Service of Canada described in section 5; (Service)

staff member means an employee of the Service; (agent)

statutory release has the same meaning as in Part II; (libération d’office)

unescorted temporary absence has the same meaning as in Part II; (permission de sortir sans escorte)

victim, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence; (victime)

visitor means any person other than an inmate or a staff member; (visiteur)

working day means a day on which offices of the federal public administration are generally open in the province in question. (jour ouvrable)

Except as otherwise provided by this Part or by regulations made under paragraph 96(b),

powers, duties and functions that this Part assigns to the Commissioner may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

powers, duties and functions that this Part assigns to the institutional head may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.

For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

the victim’s spouse, or if the victim is dead, their spouse at the time of death;

the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;

a relative or a dependant of the victim;

an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

For the purposes of this Act, an individual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.

A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 3, 4, 23 to 27, 55 and 56, subsections 57(2) and 66(3), sections 68, 69, 76, 77 and 79 to 82, paragraph 87(b) and sections 90 and 91 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.

The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by

carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and

assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.

The protection of society is the paramount consideration for the Service in the corrections process.

The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;

the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;

the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders;

the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;

the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;

offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted;

the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

correctional policies, programs and practices respect gender, ethnic, cultural, religious and linguistic differences, sexual orientation and gender identity and expression, and are responsive to the special needs of women, Indigenous persons, visible minorities, persons requiring mental health care and other groups;

offenders are expected to obey penitentiary rules and conditions governing temporary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

staff members are properly selected and trained and are given

appropriate career development opportunities,

good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

opportunities to participate in the development of correctional policies and programs.

There shall continue to be a correctional service in and for Canada, to be known as the Correctional Service of Canada, which shall be responsible for

the care and custody of inmates;

the provision of programs that contribute to the rehabilitation of offenders and to their successful reintegration into the community;

the preparation of inmates for release;

parole, statutory release supervision and long-term supervision of offenders;

maintaining a program of public education about the operations of the Service; and

the implementation of arrangements entered into between the Commissioner and the Canada Border Services Agency under section 94.3.

The Governor in Council may appoint a person to be known as the Commissioner of Corrections who, under the direction of the Minister, has the control and management of the Service and all matters connected with the Service.

The national headquarters of the Service and the offices of the Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.

The Commissioner may establish regional headquarters of the Service.

Subject to subsection (3), the Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act, or any hospital, to be a penitentiary in respect of any person or class of persons.

Subject to subsection (3), the Governor in Council may, by order, declare any place to be a penitentiary.

No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) without the approval of an officer designated by the lieutenant governor of that province.

In any proceedings before a court in Canada in which a question arises concerning the location or description of lands alleged to constitute a penitentiary, a certificate purporting to be signed by the Commissioner, setting out the location or description of those lands as constituting a penitentiary, is admissible in evidence and, in the absence of any evidence to the contrary, is proof that the lands as located or described in the certificate constitute a penitentiary.

For greater certainty, a person who is an inmate by virtue of subparagraph (b)(ii) of the definition “inmate” in section 2 shall be deemed to be in the lawful custody of the Service.

The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of

an offender subject to a warrant or to an order for long-term supervision; and

any person, while the person is in a penitentiary.

A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary, and any designation of a particular penitentiary in the warrant of committal is of no force or effect.

Where a person who is sentenced, committed or transferred to penitentiary is at large without lawful authority before the expiration of the sentence according to law and where no alternative means of arrest are available, the institutional head may, by warrant, authorize the apprehension and recommitment of the person to custody in a penitentiary.

In order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.

The institutional head may refuse to receive a person referred to in section 12 into the penitentiary if there is not a certificate signed by a registered health care professional setting out available health information and stating whether or not the person appears to be suffering from a dangerous, infectious or contagious disease.

A person who, by virtue of section 12 or 13, is not received into a penitentiary shall be confined in a provincial correctional facility.

The person in charge of the provincial correctional facility to whom a person referred to in subsection (1) is delivered shall, on being presented with confine the person in the provincial correctional facility until the person is transferred to penitentiary or released from custody in accordance with law.

the warrant of committal to penitentiary, or

a copy of the warrant of committal certified by any judge of a superior or provincial court, by any justice of the peace, or by the clerk of the court in which the person was convicted,

Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland and Labrador shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland and Labrador.

A person who, pursuant to subsection (1), is not received in a penitentiary shall be confined in the provincial correctional facility in Newfoundland and Labrador known as Her Majesty’s Penitentiary, and is subject to all the statutes, regulations and rules applicable in that facility.

The Minister may, with the approval of the Governor in Council, enter into an agreement with the Province of Newfoundland and Labrador providing for the payment to the Province of the cost of maintaining persons who are confined pursuant to subsection (2).

The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:

the level of intervention in respect of the offender’s needs; and

objectives for

the offender’s behaviour, including

to conduct themselves in a manner that demonstrates respect for other persons and property,

to obey penitentiary rules and respect the conditions governing their conditional release, if any,

their participation in programs, and

the meeting of their court-ordered obligations, including restitution to victims or child support.

The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.

In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.

If an offender is in a structured intervention unit and a determination is made under subsection 29.01(2), paragraph 37.3(1)(b) or section 37.4 or 37.8 that the offender should remain in the structured intervention unit, the institutional head shall, as soon as practicable after the determination, cause the offender’s correctional plan to be updated, in consultation with the offender, in order to ensure that they receive the most effective programs at the appropriate time during their confinement in the structured intervention unit and to prepare them for reintegration into the mainstream inmate population as soon as possible.

In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.

The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.

The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province for

the confinement in provincial correctional facilities or hospitals in that province of persons sentenced, committed or transferred to penitentiary; and

the confinement in penitentiary of persons sentenced or committed to imprisonment for less than two years for offences under any Act of Parliament or any regulations made thereunder.

Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

The release date of an offender who is transferred to penitentiary pursuant to an agreement entered into under paragraph (1)(b) shall be determined by crediting against the sentence

any remission, statutory or earned, standing to the offender’s credit on the day of the transfer; and

the maximum remission that could have been earned on the balance of the sentence pursuant to the Prisons and Reformatories Act.

The institutional head may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head, The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons.

the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

it is desirable for the inmate to be absent from the penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

a structured plan for the absence has been prepared.

The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society.

The institutional head may cancel a temporary absence either before or after its commencement.

The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.

In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate.

The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that The temporary absence may be for a period of not more than 15 days.

the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

a structured plan for the absence has been prepared.

If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.

If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada.

The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society.

The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so.

The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence.

In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head, the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

the inmate will not, by reoffending, present an undue risk to society during a work release,

it is desirable for the inmate to participate in a structured program of work or community service in the community,

the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

a structured plan for the work release has been prepared,

The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

The institutional head may suspend or cancel a work release either before or after its commencement.

The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

Subsection (1) does not apply to

a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or

if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.

The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.

The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and

with such other modifications as the circumstances require.

The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of that is attributable to the participation of that inmate or person in an approved program.

an inmate, or

a person on day parole

When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,

relevant information about the offence;

relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;

any reasons and recommendations relating to the sentencing or committal that are given or made by

the court that convicts, sentences or commits the person, and

any court that hears an appeal from the conviction, sentence or committal;

any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and

any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.

Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.

No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).

The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible.

Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein,

the offender may request the Service to correct that information; and

where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested.

The Service shall give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.

Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known.

Where the Service has reasonable grounds to believe that an inmate who is about to be released by reason of the expiration of the sentence will, on release, pose a threat to any person, the Service shall, prior to the release and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat.