Correctional Services and Reintegration Act, 2018

The people of Ontario and their Government, (a) believe in the furtherance of a just, peaceful and safe society through maximizing individual opportunities for rehabilitation and reintegration both within correctional institutions and in the community; (b) believe in the critical importance of public safety; (c) respect the presumption of innocence and recognize the particular circumstances of individuals who are incarcerated without criminal conviction; (d) affirm our commitment to respect the human dignity of individuals who are incarcerated or under community supervision, including by respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code; (e) believe that our correctional system must respect diversity and be responsive to the unique needs of all individuals, particularly those identifying under protected grounds in the H…

PART I Purpose and Interpretation

1 The purpose of the Ontario correctional system is to contribute to public safety and the maintenance of a just, peaceful and safe society by, (a) providing necessary, proportionate and humane measures of security and control to allow for appropriate supervision of individuals under community supervision and inmates; (b) promoting reintegration and rehabilitation through programs and services that address the needs and circumstances of individuals under community supervision and inmates; and (c) providing the services and facilities necessary for the safe and humane custody and care of inmates.

2 In this Act, “alternative housing” means housing for inmates who require accommodation or services that cannot be provided for within the general inmate population, and includes prescribed types of housing; (“logement parallèle”) “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Board” means the Ontario Parole Board continued by section 137; (“Commission”) “community resource centre” means a residential or non-residential facility designated under section 24 that provides services to individuals under community supervision and inmates in a setting away from a correctional institution, regardless of whether it is operated or maintained by the Minister or by a contractor; (“centre de ressources communautaires”) “conditional sentence” means a sentence served by an individual pursuant to a conditional sentence order imposed under section 742.1 of the Criminal Code (Cana…

PART II Administration

Minister and Information

3 The Minister’s functions under this Act include, but are not limited to, (a) enhancing public safety by providing facilities, programs and services designed to reduce recidivism and assist in the rehabilitation and reintegration of individuals under community supervision and inmates; (b) establishing, maintaining and operating correctional institutions; (c) providing services to ensure the safe and humane custody and care of inmates; (d) providing support for inmates to access conditional release and parole, where appropriate, to assist in their rehabilitation and reintegration; (e) providing appropriate supervision for individuals under community supervision; (f) providing investigation, oversight and accountability measures in relation to the Minister’s compliance with this Act and the regulations; (g) establishing policies and procedures to ensure that no person administers, instiga…

4 (1) The Minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the Crown in right of Ontario, make agreements with the Crown in right of Canada or of any other province of Canada, with a municipality, police services board, band or First Nation, Inuit or Métis community respecting, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (1) of this Act is amended by striking out “police services board” in the portion before clause (a) and substituting “police service board”. (See: 2018, c. 6, Sched. 2, s. 158 (3)) (a) the exchange of services provided by the Ministry; (b) the transfer of inmates serving custodial sentences; or (c) any matter relating to the supervision and rehabilitation of an inmate, parolee or probationer. Contracts and agreements (2) The Minister may, on behalf of the Crown in right of Ontario, enter into any…

5 (1) The Minister may use personal information that is in the custody or control of the Ministry for the purpose of discharging a duty set out in clause 3 (h), (i), (j) or (l) in accordance with this section. Other information serves purpose (2) The Minister shall not use personal information under subsection (1) if other information will serve the purpose of the use. Personal information limited to what is reasonably necessary (3) The Minister shall not use more personal information under subsection (1) than is reasonably necessary to meet the purpose of the use. Accuracy (4) Before using personal information under subsection (1), the Minister shall take reasonable steps to ensure that the information is as accurate as is necessary for the purpose of the use. Practices and procedures (5) The Minister may only use personal information under subsection (1) if the unit of the Ministry ref…

6 (1) This section applies with respect to the disclosure for a research purpose of personal information that was provided by the Minister to the unit of the Ministry referred to in subsection 5 (11). Circumstances for disclosing personal information (2) The Minister may disclose collected personal information to a researcher for a research purpose if the researcher, (a) submits to the Minister, (i) an application in writing, (ii) a research plan that meets the requirements of subsection (3), and (iii) a copy of the decision of a research ethics board that approves the research plan; and (b) enters into an agreement with the Minister that complies with the prescribed requirements. Research plan (3) A research plan must be in writing and must set out, (a) the affiliation of each person involved in the research; (b) the nature and objectives of the research and the public or scientific ben…

7 (1) The Information and Privacy Commissioner, (a) may, from time to time, review the practices of the Minister to determine if the requirements of sections 5 and 6 have been met; and (b) shall review the practices and procedures referred to in subsection 5 (5) every three years after they are first approved under clause 5 (5) (b) and, after the review, the Commissioner may renew the approval. Duty to assist (2) The Minister shall co-operate with and assist the Information and Privacy Commissioner in the conduct of a review under subsection (1). Powers of Information and Privacy Commissioner (3) The Information and Privacy Commissioner may require the production of such information and records under the custody or control of the Minister as are relevant to the subject matter of the review. Obligation to assist (4) If the Information and Privacy Commissioner requires production of inform…

8 (1) No person shall, (a) wilfully use or disclose personal information in contravention of section 5 or 6; or (b) wilfully fail to comply with an order made by the Information and Privacy Commissioner under paragraph 1 or 3 of subsection 7 (5). Penalty (2) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable, (a) in the case of a first offence, to a fine of not more than $25,000; or (b) in the case of a second or subsequent offence, to a fine of not more than $50,000.

9 (1) The Minister shall ensure that a review of sections 5 to 8 and any regulations relating to those sections is commenced within two years after the day subsection 5 (1) comes into force. Consultation with Information and Privacy Commissioner (2) The person conducting the review shall consult with the Information and Privacy Commissioner. Report (3) The person conducting the review shall provide the Minister with a report on the review and the Minister shall publish the report.

10 Every person providing volunteer services to the Ministry shall serve under the direction of an employee in the Ministry, a contractor or an employee of a contractor.

11 (1) Every person employed in the administration of this Act, including any person making an inspection, investigation or inquiry under this Act, shall preserve confidentiality in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inspection, investigation or inquiry and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of this Act, the Corrections and Conditional Release Act (Canada), the Prisons and Reformatories Act (Canada), the Youth Criminal Justice Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder; (b) to the Inspector General, the Ombudsman of Ontario, the Correctional Investigator of Canada or such other person as may be prescribed; (c) in a de-identified form; or (d) with the approval of the Min…

12 (1) The Minister shall make Ministry policies respecting correctional services available to the public on a website of the Government of Ontario. Redaction (2) The Minister may redact the policies, but only to the extent necessary to protect the security of the correctional institution or the safety of persons.

13 (1) The Minister shall, at least once per calendar year, publish on a website of the Government of Ontario, (a) data or other information that includes, (i) statistics regarding, (A) the operation of correctional institutions and the supervision of individuals under community supervision in the previous calendar year, (B) the use of segregation and restrictive confinement in the previous calendar year, and (C) any other prescribed topics, and (ii) demographic information about individuals under community supervision and inmates in the previous calendar year; (b) information regarding the implementation of this Act, including, (i) the timelines for proclaiming any unproclaimed provisions of this Act, and (ii) the timelines for reducing the number of correctional institutions prescribed under subsection 65 (4), 66 (5), 67 (4) or 71 (9); (c) a plan for achieving the timelines set out in …

14 (1) The Minister shall conduct a comprehensive review of this Act on or before every fifth anniversary of the day this section comes into force. Subject matter (2) The review must include consideration of, (a) any unproclaimed provisions of this Act; and (b) the prescription of correctional institutions under subsections 65 (4), 66 (5), 67 (4) and 71 (9). Public consultation (3) In conducting the review, the Minister shall, in accordance with the regulations, consult with members of the public, including, (a) current inmates; (b) former inmates; (c) First Nations, Inuit and Métis individuals; and (d) members of groups that are disproportionately disadvantaged by or over-represented in the correctional system. Report (4) The Minister shall, in accordance with the regulations, report the results of the review to the public, and the report must include, (a) an explanation of why any unpr…

Correctional Institutions

15 (1) The correctional institutions existing immediately before the coming into force of this subsection continue to exist as correctional institutions. Same (2) The Lieutenant Governor in Council may, by order, establish or discontinue a correctional institution. Designated correctional institutions (3) The Lieutenant Governor in Council may, by order, designate any place as a correctional institution for the temporary custody of inmates for such period as is stated in the order and may, by order, exempt the place so designated from the application of this Act or any part of it. Withdrawal (4) The Lieutenant Governor in Council may, by order, withdraw a designation made under subsection (3).

16 (1) The Minister shall assign a security classification of minimum, medium or maximum security to each unit within every correctional institution. Change of classification (2) The Minister may assign a new security classification to a unit within a correctional institution by providing notice of the change to the superintendent. Compliance (3) The superintendent shall ensure that each unit within his or her correctional institution complies with the requirements set out in the regulations for its security classification.

17 (1) The Lieutenant Governor in Council shall appoint one or more Independent Regional Chairs to be responsible for all of the correctional institutions in an assigned region of Ontario and to perform the prescribed duties. Review roster (2) For each region established under subsection (1), the Lieutenant Governor in Council shall appoint persons to be on the review roster to serve, as directed by the Independent Regional Chair of the region, as Disciplinary Hearings Officers or as members of an Independent Review Panel. Qualifications (3) A person is not eligible to be appointed as an Independent Regional Chair or as a member of a review roster unless he or she meets such qualifications as may be prescribed. Required training (4) Independent Regional Chairs and members of the review roster shall not exercise any of their powers or duties under this Act unless they have, (a) completed …

18 (1) No action or other proceeding may be instituted against an Independent Regional Chair, a Disciplinary Hearings Officer or a member of an Independent Review Panel for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. Note: On the later of the day subsection 18 (2) comes into force and the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019) to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, subsection 18 (2) of the Act is amended by striking…

19 An Independent Regional Chair, a Disciplinary Hearings Officer or a member of an Independent Review Panel shall not be required to give testimony in any proceeding with respect to information obtained by him or her in the course of exercising a power or performing a duty under this or another Act.

20 (1) The Minister shall establish a community advisory board for every correctional institution. Appointments (2) The Minister shall appoint the members of the community advisory board and shall take reasonable steps to promote the availability of the appointment to members of demographic groups that represent the diversity of inmates in the board’s correctional institution, including racialized groups and First Nations, Inuit and Métis communities. Term (3) An appointment to a community advisory board expires in accordance with the regulations. Required training (4) A member of a community advisory board shall not exercise any of their powers or duties as member of a community advisory board unless they have, (a) completed the prescribed training with respect to human rights and systemic racism; (b) completed training that promotes recognition of and respect for, (i) the diverse, mult…

Superintendent

21 (1) The Minister shall designate one or more superintendents for each correctional institution. Responsibility for administration (2) The superintendent shall be responsible for the administration of the correctional institution. Duties (3) The superintendent shall receive into the institution every person delivered under lawful authority for detention in the institution and is responsible for the custody and supervision of such person until his or her term of imprisonment is completed or until the person is transferred or otherwise discharged in due course of law. Same (4) The superintendent shall ensure that each inmate in the correctional institution is treated in accordance with this Act and the regulations. Deputy superintendent (5) The Minister may designate in writing one or more deputy superintendents of a correctional institution to act in the place of the superintendent if h…

22 (1) Any power, duty or function conferred or imposed upon or exercised by a superintendent under this Act or the regulations may, subject to the regulations, be delegated by the superintendent to any correctional services employee employed in the superintendent’s correctional institution. Limitations, etc. (2) A delegation under subsection (1) shall be subject to such limitations, restrictions, conditions and requirements as the superintendent may impose.

23 (1) The Minister may designate in writing a correctional institution for use by a police services board as a lock-up and, where the Minister makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up. Payment by municipality (2) The municipality that maintains the police services board shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year. Designation of lock-up (3) The Minister may designate a correctional institution in writing for use as a lock-up by, (a) the Ontario Provincial Police; or (b) an entity that employs First Nations Constables who provide a policing service under an agreement between the Minister and a First Nation. Withdrawal (4) The Minister may withdraw a designation made under this section at any time. Note: On a day to be nam…

23 (1) The Minister may designate in writing a correctional institution for use by a police service board as a lock-up and, where the Minister makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up. 2018, c. 6, Sched. 2, s. 158 (4). Payment by municipality (2) The municipality that maintains the police service board shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year. 2018, c. 6, Sched. 2, s. 158 (4). Designation of lock-up (3) The Minister may designate a correctional institution in writing for use as a lock-up by, (a) the Ontario Provincial Police; or (b) an entity that employs First Nation Officers who provide a policing function under an agreement between the Minister and a First Nation. 2018, c. 6, Sched. 2, s. 158 (4). Section Amendments…

Community Resource Centres

24 (1) The Minister may designate any facility in writing as a community resource centre for the rehabilitation and supervision of individuals under community supervision or inmates in a community setting away from a correctional institution. Withdrawal (2) The Minister may withdraw a designation made under this section at any time.

Correctional Services Staff

25 (1) Every correctional services employee shall comply with the prescribed code of conduct. Failure to comply (2) The Minister shall consider any failures to comply with the prescribed code of conduct when considering whether to take employment disciplinary action against a correctional services employee. Training, standards and performance expectations

26 (1) The Minister may make regulations prescribing the training, standards and performance expectations that correctional services employees must comply with. Employees in correctional institutions (2) The superintendent of a correctional institution shall ensure that the correctional services employees employed in the institution comply with the standards referred to in subsection (1). Other employees (3) The manager of any correctional services employee who does not work in a correctional institution shall ensure that the employee complies with the training, standards and performance expectations referred to in subsection (1). Contracts, conflicts of interest, etc.

27 (1) No correctional services employee, contractor or employee of a contractor shall, without the approval of the Minister, either in the person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any materials, goods or provisions for the use of a correctional institution or community resource centre, or have an interest, directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto. Buying or selling, fees or gratuities, etc. (2) No correctional services employee, contractor or employee of a contractor shall, without the approval of the Minister, buy from or sell to any inmate, or individual under community supervision, anything whatsoever or take or receive to the person’s own use or for the use of any other person, any fee or gratuity from any inmate in a correctional inst…

First Nations, Inuit and Métis Individuals

28 (1) The Lieutenant Governor in Council shall establish a First Nations, Inuit and Métis Advisory Committee. Members (2) The Lieutenant Governor in Council shall appoint the members of the Committee, who must be First Nations, Inuit or Métis individuals with knowledge of or experience with the justice system. Function (3) The Committee shall provide advice to, (a) the Minister, regarding the provision of correctional services to First Nations, Inuit or Métis individuals under community supervision and inmates; and (b) the prescribed person, regarding other matters affecting First Nations, Inuit or Métis individuals in the justice system. Meetings (4) The Committee shall meet at the prescribed frequency. Engagement (5) The Committee shall engage regularly with First Nations, Inuit and Métis communities and other appropriate persons or organizations with knowledge of First Nations, Inuit…

29 The Minister and any person employed in the administration of this Act shall, (a) consider systemic and individual circumstances for First Nations, Inuit or Métis individuals under community supervision and inmates; and (b) when making a decision to limit the liberties of a First Nations, Inuit or Métis individual under community supervision or inmate, consider the individual’s unique needs and circumstances, including the impacts of individual, systemic, cultural and historical factors, and take into account culturally appropriate sanctions and options.

30 (1) Every superintendent shall make the services of an appropriate First Nations, Inuit or Métis Elder or Spiritual Advisor available to inmates. Not available (2) If an inmate requests the services of a First Nations, Inuit or Métis Elder or Spiritual Advisor who is not available, the superintendent shall take reasonable steps to find such an Elder or Spiritual Advisor and to facilitate the inmate’s communication with him or her. Same status (3) For greater certainty, First Nations, Inuit and Métis spirituality, Elders and Spiritual Advisors have the same status as other faiths and other religious or spiritual care providers.

31 (1) Every superintendent shall make appropriate traditional First Nations, Inuit and Métis healing services and supports available to inmates. Not available (2) If an inmate requests services and supports referred to in subsection (1) that are not available, the superintendent shall take reasonable steps to find a resource to facilitate the services and supports.

Peace Officers and Bailiffs

32 (1) The Minister may designate in writing, (a) a person who is an employee in the Ministry to be a peace officer while performing the person’s duties and functions; or (b) a class or classes of persons from among the persons described in clause (a) to be peace officers while performing their duties and functions. Limitations (2) A designation may provide that it is subject to limitations, restrictions, conditions or requirements.

33 (1) The Minister may appoint provincial bailiffs who may convey an inmate in custody at a correctional institution to another correctional institution or penitentiary in which the inmate is lawfully directed to be confined. Powers (2) A provincial bailiff has the powers of a constable when conveying an inmate under this section.

Miscellaneous

34 (1) No action or other proceeding may be instituted against the Deputy Minister or any other employee in the Ministry, or anyone acting under the Deputy Minister’s authority, for any act of an inmate, or individual under community supervision, while under the person’s custody or supervision. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. Note: On the later of the day subsection 34 (2) comes into force and the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019) to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, subsection 34 (2) of the Act is amended by striking out “subsections 5 (2) and (4) of the Proceedings Against the Crown Act” and substituting “subsection 8 (3) of the Crown Liabili…

35 A contractor is deemed to be a public sector body for the purpose of sections 19 and 25 of the Ombudsman Act.

PART III Admission of Inmates

36 (1) A superintendent of a correctional institution shall not admit any person into custody at an institution except under the authority of a warrant of committal, an order for remand or other judicial document constituting authority for detention of the person therein. Exception (2) Despite subsection (1), a superintendent shall admit a person into custody at a correctional institution without a warrant of committal, an order for remand or other judicial document if, (a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution; (b) the person is delivered to the institution after being apprehended under section 150; (c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit; or (d) the institution is designated as a lock-up. If immediate medical attention needed (3) Des…

37 A person who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in any correctional institution, as directed by the Minister, or in the custody of a provincial bailiff or other correctional services employee.

38 (1) The court before which a person is convicted under an Act of the Legislature of an offence punishable by imprisonment may sentence the person to imprisonment in a correctional institution. Same (2) A person who has been sentenced to imprisonment in a correctional institution may be detained in any correctional institution, as directed by the Minister, or in the custody of a provincial bailiff or other correctional services employee.

39 A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional institution, as directed by the Minister, and any designation of a particular correctional institution in a warrant of committal is of no force or effect.

40 (1) Upon admission, the superintendent shall provide every inmate with written information, in English and French, about, (a) inmates’ rights and entitlements under this Act, the Human Rights Code and the Canadian Charter of Rights and Freedoms; (b) the correctional institution’s rules, behavioural expectations and disciplinary measures for misconduct; (c) available methods for accessing legal services; (d) procedures for making requests and complaints; (e) the functions of, and contact information for, the Minister, the Inspector General, the Ontario Ombudsman, the Ontario Human Rights Commission, the Human Rights Tribunal of Ontario, the Human Rights Legal Support Centre, the Information and Privacy Commissioner and any other prescribed officer of the Legislature; Note: On the day clause 40 (1) (e) of Schedule 2 to the Correctional Services Transformation Act, 2018 comes into force,…

41 (1) Upon admission to a correctional institution, the superintendent shall, in accordance with the regulations, (a) assess the inmate using an evidence-based security classification tool; and (b) assign a security classification of minimum, medium or maximum security to the inmate. Human Rights Code (2) For greater certainty, the superintendent shall not discriminate against any inmate because of any ground of discrimination prohibited by the Human Rights Code when assigning a security classification to the inmate. Reclassification (3) The superintendent shall, in accordance with the regulations, reassess the security classification of every inmate using an evidence-based security classification tool and may assign them to different security classification in the circumstances set out in the regulations. Written reasons (4) The superintendent shall provide the inmate with written reas…

42 (1) In determining which correctional institution an inmate shall be detained in, the Minister shall take all reasonable steps to ensure that the institution is one which provides the least restrictive environment for that person, taking into account, (a) the inmate’s security classification, (b) the degree and kind of control and supervision necessary for, (i) the safety of the public, (ii) the safety of the inmate and of other persons in the institution, and (iii) the security of the correctional institution; and (c) accessibility to, (i) the inmate’s home community and family, (ii) a compatible cultural and linguistic environment, and (iii) services and supports to assist the inmate with his or her needs. Prohibition on certain transfers (2) An inmate detained in a correctional institution that is not prescribed under subsection 65 (4), 66 (5), 67 (4) or 71 (9) shall not be transfe…

43 (1) An inmate who is admitted into the custody of a correctional institution shall surrender to the superintendent all property, including any money or personal belongings, in the inmate’s physical possession at the time of admission. Care and control (2) The superintendent shall have care and control of the surrendered property and shall exercise that care and control in accordance with the regulations.

44 The superintendent shall approve the housing of an inmate in either general population housing or, as specified in the regulations, in alternative housing.

45 (1) The superintendent shall ensure that an initial assessment is conducted on every newly admitted inmate within a prescribed period of time in order to identify, (a) the inmate’s needs while in the correctional institution, including health care needs and any accommodation required in accordance with the Human Rights Code; and (b) the inmate’s immediate or urgent needs upon release, including, but not limited to, needs for the items set out in section 46. Further assessment (2) The superintendent shall ensure that a further assessment is conducted within a prescribed time period for prescribed inmates to identify, (a) appropriate programs for the inmate, including appropriate rehabilitation programs; and (b) appropriate supports for the inmate’s reintegration into the community upon release. Case management plan (3) The superintendent shall ensure that a case management plan is prep…

46 (1) The Minister shall provide each inmate with the following items when the inmate is released from custody at the correctional institution, if the inmate has need of them: 1. Clothing suitable to the season and to the requirements of the inmate’s case management plan. 2. Reasonable travelling expenses to a destination in Ontario as specified in the inmate’s case management plan. 3. Appropriate medication prescribed by a health professional. 4. Other prescribed items. Discretionary gratuity (2) The Minister may give a further gratuity or such other assistance to an inmate upon his or her release from an institution as the Minister considers will aid the reintegration of the inmate. Release on weekend or holiday (3) If an inmate would be released from custody on a weekend or holiday, the superintendent shall consider whether to grant a temporary absence to the inmate under section 99 …

47 (1) The Minister shall make reasonable efforts to ensure that an inmate who is transferred to court from a correctional institution and then released from custody at court has reasonable and timely access to, (a) such prescribed essential items of his or her personal property in the care and control of the correctional institution as he or she has need of upon release; (b) if the inmate has need of them, (i) clothing suitable to the season, and (ii) appropriate medication prescribed by a health professional; and (c) other prescribed items. When proactive efforts required (2) Making the items available for collection at the correctional institution is insufficient if, in the circumstances of the inmate, it would be unreasonable to expect him or her to return to the correctional institution on his or her own to collect the items. Other entities’ duties (3) Such other members of the Exec…

Part IV Inmate Living conditions and standards

48 (1) Subject to subsections (2) and (3), the superintendent shall ensure that inmates are provided with the minimum living conditions and standards set out in this Part and with any other prescribed living conditions. Exception, lockdown (2) The superintendent is not required to provide the minimum living conditions and standards set out in sections 61, 62, 63 and 64 if a lockdown has been imposed on the correctional institution or on the part of the correctional institution in which the inmate is situated. Written reasons (3) If the superintendent decides to limit the provision of a living condition or standard that may be subjected to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons, the superintendent shall, (a) prepare written reasons for the decision; and (b) give the inmate a written copy of those rea…

49 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an inmate.

50 Every inmate has a right to assemble peacefully and associate with others within the correctional institution, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons.

51 (1) Every inmate has a right to freely and openly participate in religious and spiritual programs and expressions, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons. Not available (2) If an inmate requests the services of a religious, faith or spiritual provider who is not available, the superintendent shall take reasonable steps to find such a provider and to facilitate the inmate’s communication with him or her.

52 Every inmate shall be provided with reasonable opportunities to contribute to decisions of their correctional institution affecting the inmate population as a whole, or affecting a group within the population, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons.

53 Every inmate shall be housed in a space within the correctional institution that, (a) provides the inmate with reasonable access to natural light and fresh air; (b) has adequate bedding, subject to any limits as are necessary for protecting the security of the correctional institution or the safety of persons; (c) is kept in a state of cleanliness and good repair; and (d) complies with the prescribed requirements.

54 (1) Every inmate shall be provided with food and water on a daily basis that, (a) complies with and respect the inmate’s spiritual, religious and dietary needs; and (b) meets the nutritional and other requirements set out in the regulations. Not purchases from canteen (2) Subsection (1) shall not be satisfied by requiring an inmate to purchase items from the institutional canteen.

55 Every inmate shall be provided with clothing suitable to the conditions of the correctional institution and, where necessary, the outdoor climate, subject to any limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons.

56 (1) Every inmate shall be provided with access to a toilet and reasonable and necessary toiletries. Feminine hygiene products (2) For greater certainty, subsection (1) includes an entitlement to access any reasonable and necessary feminine hygiene products. Same (3) Every inmate shall be provided at least once every second day with, (a) access to a shower; or (b) water and equipment sufficient for bathing.

57 (1) Every inmate shall be provided with access to health care services and to the health care service team and the mental health care service team in a manner that responds to their health needs and promotes their well-being, including, (a) the treatment of disease or injury; (b) health promotion; (c) disease prevention; (d) dental care; (e) vision care; (f) hearing care; (g) mental health and addictions care; (h) medication prescribed by a health professional; (i) traditional First Nations, Inuit and Métis healing and medicines; and (j) any other prescribed health care services. Hospital or other health facility (2) The superintendent shall arrange for an inmate to be conveyed to a hospital or other health facility if the inmate requires medical treatment that cannot be provided at the correctional institution. Health care service teams (3) The Minister shall establish the following …

58 (1) Every inmate shall be provided with all necessary prenatal and postnatal care and treatment. Labour (2) Every pregnant inmate shall be provided the opportunity to give birth in a medical or birthing facility outside of the correctional institution.

59 (1) Subject to section 114, every inmate shall be offered the opportunity to send one letter upon admission to the institution and at least two letters each week thereafter. Stationery and postage (2) The superintendent shall provide the inmate with sufficient stationery and postage to send the letters. Alternative communication (3) The superintendent may provide an alternative method of sending letters, such as electronic mail, to the inmates of the institution. If the superintendent does so, subsection (2) does not apply so long as the superintendent provides inmates with the equipment necessary to send the letters.

60 Every inmate has the right to borrow books in accordance with the regulations.

61 (1) Every inmate shall be offered the opportunity to participate in a minimum of one hour of recreation time each day. Indoors or outdoors (2) The inmate shall be allowed to choose whether to spend the recreation time indoors or outdoors. Exception (3) Subsections (1) and (2) apply only to inmates in prescribed correctional institutions.

62 Every inmate may perform work in the correctional institution, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or safety of persons.

63 (1) Every inmate has the right to receive at least two in-person visits each week that last for at least the prescribed minimum length of time, subject to any restrictions on particular visitors imposed under section 92. Physical contact (2) In prescribed correctional institutions, the in-person visits described in subsection (1) shall allow for physical contact between the inmate and visitor, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons. Use of technology (3) For greater certainty, the Minister may provide technology in correctional institutions that can be used by inmates to communicate with other people, but such communications do not constitute an in-person visit for the purposes of subsection (1). Certain visitors (4) In addition to the visits under subsection (1), every inmate shall be…

64 (1) Every correctional institution shall have a telephone system that is accessible to inmates. Entitlement (2) Every inmate shall have reasonable access to the telephone system unless restricted by a disciplinary measure imposed under this Act. Notice of potential listening or recording (3) The telephone system shall provide notice to the inmate and the other party or parties to the conversation, by way of a voice-over message or other means, that the conversation may be listened to or recorded in accordance with the regulations.

Part V Segregation and Restrictive Confinement

Conditions

65 (1) Inmates held in conditions that constitute segregation or restrictive confinement retain all rights and privileges of inmates in general population housing except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or the imposition of disciplinary measures under this Act. Programs and services (2) Inmates held in conditions that constitute segregation or restrictive confinement shall be given access to all programs and services individually or as a group, adapted to the circumstances to the least restrictive extent reasonable and necessary for the security of the correctional institution and the safety of persons. Segregation prohibitions (3) An inmate shall not be held in conditions that constitute segregation if the inmate, (a) is pregnant or has recently given birth; (b) is chronically self-harming or s…

66 (1) Inmates shall not be held in conditions that constitute segregation for more than 15 consecutive days. Superintendent’s duty (2) If an inmate of a correctional institution has been held in conditions that constitute segregation for 15 consecutive days, the superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. Five-day interval (3) If an inmate who is no longer being held in conditions that constitute segregation was recently held in those conditions for 15 consecutive days, the superintendent shall not hold the inmate in those conditions again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. Transfers do not constitute break in segregation (4) For the purposes of this section, a transfer of an inmate who was held in conditions that constitute segregation in…

67 (1) The superintendent shall ensure that no inmate is held in conditions that constitute segregation for more than 60 aggregate days in the most recent 365-day period, subject to subsection (2). Exception (2) An inmate may be held in conditions that constitute segregation for more than 60 aggregate days in a 365-day period if, (a) the superintendent has determined that no other less restrictive housing or disciplinary measures are appropriate for the inmate; and (b) an Independent Review Panel has authorized the superintendent to exceed that 60-day limit under section 75. Transfers do not constitute break in segregation (3) For the purposes of this section, a transfer of an inmate who was held in conditions that constitute segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days he or she has be…

Non-Disciplinary Segregation

68 (1) Subject to sections 65, 66 and 67, the superintendent may hold an inmate in conditions that constitute segregation for non-disciplinary reasons if the superintendent believes on reasonable grounds that, (a) the inmate has committed, attempted to commit or plans to commit acts representing a serious and immediate threat to the physical security of the correctional institution or the personal safety of any person in the institution; (b) association of the inmate with other persons in the institution would substantially interfere with the disciplinary process for serious misconduct or a criminal investigation; or (c) association of the inmate with other persons in the institution would jeopardize the inmate’s own safety. Limits on non-disciplinary segregation (2) A superintendent may hold an inmate in conditions that constitute segregation for non-disciplinary reasons only in excepti…

69 (1) The superintendent shall conduct a preliminary review of an inmate’s case within 24 hours after the inmate has been held in conditions that constitute segregation for non-disciplinary reasons. Review determines segregation not warranted (2) If the superintendent determines that continuing to hold the inmate in conditions that constitute segregation is not warranted, the superintendent shall alter the inmate’s conditions of confinement so that they do not constitute segregation. Visit required (3) In conducting the preliminary review, the superintendent shall visit the inmate and speak with him or her. Communication through a meal hatch insufficient (4) Communication through a meal hatch does not constitute a visit for the purposes of subsection (3), unless there is a safety or security concern that cannot be addressed in any other manner. Record if not face to face (5) If a safety…

70 The superintendent shall, at regular intervals, offer opportunities for movement and association with others to an inmate who is being held in conditions that constitute segregation for non-disciplinary reasons and shall maintain records of the offers and the inmate’s response to them.

Health Care and Review of Conditions

71 (1) When an inmate is being held in conditions that constitute segregation, the superintendent and a member of the health care service team shall visit the inmate on a daily basis and the member of the health care service team shall assess the inmate whenever the member considers it to be necessary. Mental health care service team (2) If a member of the health care service team determines that a referral to the mental health care service team is appropriate, (a) the member shall refer the inmate to the mental health care service team; and (b) the superintendent shall ensure that members of the mental health care service team have access to the inmate as required. Minimum visits (3) Even if a referral has not been made under subsection (2), the superintendent shall ensure that any inmate held in conditions that constitute segregation is visited by a member of the mental health care ser…

72 The Minister shall, in accordance with the regulations, establish a multi-disciplinary review committee in each correctional institution to, (a) review, in accordance with regulations, (i) the cases of inmates held in conditions of confinement that constitute segregation, and (ii) the cases of inmates held in conditions that constitute restrictive confinement and who meet the prescribed conditions; and (b) make recommendations concerning those inmates to the superintendent, including recommendations in relation to an inmate’s conditions of confinement.

Independent Review Panel

73 (1) The superintendent shall create a report stating the reasons for holding the inmate in conditions that constitute segregation for non-disciplinary reasons at each of the following times: 1. When the inmate has been held in those conditions for 72 consecutive hours. 2. When the inmate has been held in those conditions for five consecutive days. 3. When the inmate has been held in those conditions for 10 consecutive days. Written report (2) The superintendent shall provide a written copy of every report made under subsection (1) to the inmate and, at the inmate’s request, shall provide the inmate with a reasonable number of copies. Referral at five days (3) If the inmate is held in conditions of confinement that constitute segregation for non-disciplinary reasons for five consecutive days or if the superintendent plans to hold the inmate in those conditions for five or more consecut…

74 (1) The superintendent shall refer the case of an inmate to the Independent Regional Chair to have a review hearing before an Independent Review Panel as soon as the inmate has been held in conditions of confinement that constitute segregation for, (a) 30 aggregate days in the most recent 365-day period; and (b) 55 aggregate days in the most recent 365-day period. Notice to Minister (2) The superintendent shall notify the Minister as soon as a referral is made under clause (1) (b).

75 (1) If a case is referred to an Independent Regional Chair under section 73 or 74, the Chair shall, in accordance with the regulations, convene an Independent Review Panel composed of members listed on the review roster to initiate a review hearing of the matter no later than five days after the case is referred or such earlier time as may be prescribed. Matter to be reviewed (2) The Panel shall determine whether it is reasonable to continue holding the inmate in conditions that constitute segregation. No concurrent review hearings (3) If the Independent Review Panel is already in the process of conducting a review hearing respecting an inmate’s segregation at the time it receives another referral to initiate a review hearing for the inmate, it shall combine the hearings into a single hearing. Parties (4) The parties to the review hearing are the superintendent and the inmate. Notific…

76 If an inmate is held in conditions of confinement that constitute restrictive confinement that lasts more than 21.5 hours a day for five consecutive days, an Independent Review Panel shall, (a) be convened by the prescribed process; and (b) review the matter in the prescribed manner. Note: On a day to be named by proclamation of the Lieutenant Governor, section 76 of this Act is amended by striking out “21.5” and substituting “21”. (See: 2018, c. 6, Sched. 2, s. 158 (12)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 76 of this Act is amended by striking out “21” and substituting “20.5”. (See: 2018, c. 6, Sched. 2, s. 158 (13)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 76 of this Act is amended by striking out “20.5” and substituting “20”. (See: 2018, c. 6, Sched. 2, s. 158 (14)) Section Amendments with date in forc…

Communicable Diseases Orders

77 In the event of a conflict between this Part and an order made under Part IV of the Health Protection and Promotion Act, the order made under Part IV of the Health Protection and Promotion Act prevails.

PART VI Discipline

Restrictions

78 No inmate shall be subjected to discipline or punishment except in accordance with this Act or the regulations.

79 (1) The superintendent shall ensure that the following restrictions with respect to discipline are complied with in the correctional institution: 1. No person shall apply an instrument of restraint to an inmate as punishment. 2. For greater certainty, no person shall impose restrictions on food or water provided to an inmate in accordance with subsection 54 (1) as punishment. 3. No person shall impose conditions that constitute segregation on an inmate except in accordance with this Act. Informal resolution preferred (2) Correctional services employees shall take reasonable steps, to the extent possible, to informally address inmate misconduct before imposing discipline in accordance with this Part.

Misconduct

80 (1) An inmate commits misconduct if the inmate, without lawful excuse, (a) wilfully disobeys a lawful order of a correctional services employee; (b) commits or threatens to commit an assault upon another person; (c) makes a gross insult or threat, by gesture, use of abusive language, or other act, directed at any person; (d) takes or converts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property; (e) damages any property that is not owned by the inmate; (f) has contraband in his or her possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the correctional institution; (g) creates or incites a disturbance likely to endanger the security of the correctional institution; (h) escapes, attempts to escape or is unlawfully at large from the correctional institution; (i)…

81 (1) Correctional services employees shall refer any alleged act of inmate misconduct to the superintendent unless the employee has addressed the misconduct informally. Review (2) The superintendent shall review the alleged misconduct and, (a) if the superintendent determines that the alleged misconduct does not appear to be serious misconduct, deal with the matter in accordance with section 82; or (b) if the superintendent determines that the alleged misconduct appears to be serious misconduct, refer the matter to the Independent Regional Chair to have a hearing before a Disciplinary Hearings Officer. Action gives rise to single discipline charge (3) The superintendent shall not allege that more than one type of misconduct has been committed in respect of a single action, a simultaneous set of actions or a chain of uninterrupted actions committed by the inmate unless the types of misc…

82 (1) The superintendent shall review any acts of alleged misconduct referred to in clause 81 (2) (a) as soon as possible and determine whether or not the inmate committed the misconduct. Interview request (2) Before making a decision under subsection (1), the superintendent shall ensure that the inmate is notified of the allegation and is given an opportunity to request an interview, within one day after the inmate receives notice of the allegation, to discuss the matter with the superintendent. No interview (3) If the inmate does not notify the superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wishes an interview with the superintendent, the superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. Inmate absent (4) If the inma…

83 (1) An Independent Regional Chair who receives an allegation of serious misconduct under clause 81 (2) (b) or subsection 82 (8) shall direct a member of the review roster to serve as a Disciplinary Hearings Officer and hear the case as soon as possible. Allegation of misconduct (2) The Disciplinary Hearings Officer shall provide written notice of the allegation to the inmate who is alleged to have committed the serious misconduct and to the superintendent containing the date, time and location of the hearing. Inmate absent (3) If the inmate who is alleged to have committed misconduct is absent from the correctional institution, the written notice required by subsection (2) is deemed to have been provided if the Disciplinary Hearings Officer has made a reasonable attempt to provide the notice to the inmate. Action gives rise to single discipline charge (4) The superintendent shall not …

84 (1) If a Disciplinary Hearings Officer determines that an inmate has committed misconduct, whether it is serious misconduct or non-serious misconduct, the Hearings Officer may impose one or more of the disciplinary measures set out in subsection 82 (12). Serious misconduct (2) If the Disciplinary Hearings Officer determines that an inmate has committed serious misconduct, the Disciplinary Hearings Officer may impose, in addition to any of the disciplinary measures referred to in subsection (1), one of the following disciplinary measures: 1. Subject to the regulations and to sections 65, 66 and 67, holding an inmate in conditions that constitute segregation for a period of not more than 15 consecutive days. Note: On the earlier of May 7, 2028 and a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 84 (2) of this Act is repealed and the following subs…

85 (1) An inmate or superintendent may seek to have a decision of the Disciplinary Hearings Officer reviewed by another Disciplinary Hearings Officer if, (a) the inmate or superintendent alleges that the decision does not comply with the requirements of this Act or the regulations or is not reasonable; or (b) the inmate has been disciplined by having a portion or the whole of his or her remission forfeited or by receiving a suspension from eligibility to earn remission. Completion of review (2) Upon completion of the review, the Disciplinary Hearings Officer may confirm or vary the decision, or vacate it and direct another Disciplinary Hearings Officer to reconsider the case. Notification (3) The Disciplinary Hearings Officer shall immediately notify the inmate and the superintendent of the decision and the reasons for it.

86 The fact that an inmate is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent a disciplinary measure from being imposed on him or her in respect of the act or omission in accordance with this Act or the regulations.

Part VII Operation of Correctional Institutions

Programs and Services

87 In this Part, “general program” means any program, including educational, learning and recreational programs, other than rehabilitation and work programs; (“programme général”) “rehabilitation program” means an evidence-based program designed to address underlying criminogenic factors; (“programme de réadaptation”) “work program” means a program that addresses employment-related skills or transferable life skills. (“programme de travail”)

88 (1) The Minister shall establish general programs, rehabilitation programs and work programs and provide inmates with the opportunity to participate in them. Diversity and needs (2) The Minister shall take into account the diversity and needs of the inmate population, with particular attention to the needs of over-represented groups in correctional institutions, when establishing the programs. Participation in rehabilitation programs (3) If an inmate’s case management plan recommends participation in a rehabilitation program, the superintendent shall ensure that the inmate is provided an opportunity to participate in such a program.

89 (1) The superintendent of a correctional institution may provide inmates in the institution with opportunities to participate in programs, activities or work outside the institution. Temporary absence permit (2) The superintendent may issue a temporary absence permit in accordance with section 99 to permit the inmate to participate in programs or work outside the correctional institution.

90 (1) The superintendent of a correctional institution shall establish and maintain a library or equivalent system, which may include an electronic library or database, that is accessible to all inmates. Contents (2) The library shall contain, (a) legal reading materials; (b) religious and spiritual reading materials; (c) human rights reading materials; and (d) a reasonable selection of other reading materials that are commonly available to the public. Access (3) The superintendent shall ensure that every inmate is provided access to the materials described in subsection (2), subject to any disciplinary measures imposed under this Act.

91 (1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money held for him or her by the superintendent. Limit (2) No inmate shall purchase more than the prescribed amount worth of items from the institutional canteen in one week without the superintendent’s permission.

Visitors

92 (1) No person, including a visitor, shall be present on the premises of an institution without the approval of the superintendent. Visitation by children (2) No child under the age of 16 years shall be permitted access to a correctional institution for the purposes of a visit unless, (a) the child is accompanied by an adult; or (b) permission is granted by the superintendent for the child to access the correctional institution unaccompanied. Conditions and limitations (3) A superintendent may impose such conditions and limitations on a person while they are present on the premises of the institution as the superintendent considers reasonable and necessary to ensure the security of the correctional institution and the safety of persons. Notice for non-permitted item (4) The superintendent shall post a notice in a conspicuous place at every visitor control point in the correctional inst…

93 The Minister may establish programs to enhance family support for inmates and contact with family for inmates.

94 Notwithstanding any other part of this Act, every member of the Legislative Assembly of Ontario, every judge of a court in Ontario and every prescribed person is entitled at any time to enter and visit any correctional institution or community resource centre or any part thereof for any purpose related to the person’s professional duties and responsibilities, and to speak with any inmate with their consent, unless the Minister determines that the correctional institution or community resource centre is at that time insecure or that an emergency condition, including a lockdown, exists in it.

Restrictions on the Use of Force and Restraints

95 (1) No person shall use force against an inmate unless no other alternative is reasonably available in order to, (a) enforce discipline and maintain order within the institution; (b) defend a person from assault; (c) control a rebellious or disturbed inmate; or (d) conduct a search. Amount of force (2) A correctional services employee who uses force against an inmate shall use an amount of force that is reasonable and not excessive having regard to the nature of the threat posed and all other circumstances of the case. Report (3) If a correctional services employee uses force against an inmate in the prescribed circumstances, the employee shall, (a) as soon as possible, file a written report with the superintendent that, (i) indicates the nature of the threat posed by the inmate, (ii) provides relevant details, and (iii) includes any other prescribed information; and (b) comply with s…

96 (1) No instruments of restraint shall be used on an inmate except in accordance with this Act and the regulations. Labour, childbirth, etc. (2) No instruments of restraint shall be used on an inmate, (a) during labour if, in the opinion of a physician, nurse, midwife or prescribed health care practitioner, the use of instruments of restraint during that period would compromise the health of the inmate or the inmate’s baby; (b) during childbirth; and (c) within 48 hours after giving birth or such longer period after giving birth as a physician, nurse, midwife or prescribed health care practitioner may recommend if, in the opinion of the physician, nurse, midwife or prescribed health care practitioner, the use of instruments of restraint during that period would compromise the health of the inmate or the inmate’s baby. Exception (3) Subsection (2) does not apply if there is an imminent …

Complaints

97 (1) The Minister may make regulations establishing a process for inmates to complain about the operation of correctional institutions or the provision of correctional services in correctional institutions. Requirements (2) A regulation made under subsection (1) must include, (a) a timeline for responding to complaints; (b) procedures for addressing complaints; and (c) a reporting process for complaints. Informal resolution preferred (3) Correctional services employees shall take reasonable steps to informally resolve complaints they receive, other than complaints of a serious nature, as that term is defined in the regulations, before submitting them to the complaints process established under subsection (1). Complaints of serious nature (4) A correctional services employee who receives a complaint of a serious nature shall refer it to the superintendent. No reprisals (5) No correction…

98 The Minister may make regulations establishing a process for individuals under community supervision to complain about their supervision.

Temporary Absences

99 (1) If, in the superintendent’s opinion, it is necessary or desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons, to assist the inmate in their rehabilitation, to assist in their reintegration into society or to participate in programs or work outside the institution, the superintendent may authorize the temporary absence by issuing a temporary absence permit to the inmate on such terms and conditions as the superintendent may specify. Same (2) Every inmate temporarily absent under subsection (1) shall comply with the terms and conditions specified by the superintendent under that subsection. Same (3) Every inmate temporarily absent under subsection (1) shall return to the correctional institution at the expiration of the period for which the inmate is authorized to be at large. Appeal (4) An inmate may, in accordance with …

100 (1) A superintendent who has authorized a temporary absence under subsection 99 (1) may suspend, cancel or revoke the temporary absence permit if the prescribed circumstances have been met. Warrant (2) After suspending, cancelling or revoking the temporary absence permit, the superintendent may have a warrant or notice of suspension, cancellation or revocation issued for the apprehension and recommittal of the inmate. Execution of warrant or notice (3) A peace officer who is given a warrant or notice issued under this section, or an electronically transmitted copy of such a warrant or notice, must execute it in any place in Canada as though the warrant or notice had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place. Arrest without warrant or notice (4) A peace officer may arrest a person without a warrant or notic…

101 An inmate in the custody or care of a correctional officer is deemed to be in the custody of a correctional institution for the purposes of this Act even if he or she is not on the premises of the correctional institution.

Remission

102 (1) Every inmate who is serving a sentence may be credited with remission of his or her sentence and is subject to the forfeitures of such remission equivalent to that provided for in the Prisons and Reformatories Act (Canada). Restoration of forfeiture remission (2) Where an inmate has forfeited the whole or any part of his or her remission, the Minister may remit the whole or any part of such forfeiture if the Minister is satisfied that it is in the interest of the inmate’s rehabilitation. Surrender of remission (3) Where an inmate offers to surrender the whole or any part of his or her remission and where, in the opinion of the superintendent, it is necessary or desirable that the inmate remain confined in the correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation for a period of time after the day on which the inmate is e…

103 A determination of whether an inmate has earned remission under the Prisons and Reformatories Act (Canada) or section 102 of this Act shall comply with the requirement under subsection 6 (1) of the Prisons and Reformatories Act that inmates earn remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote inmates’ rehabilitation and reintegration.

Lockdowns

104 (1) Subject to subsection (2), the superintendent of a correctional institution may impose a lockdown on all or part of the correctional institution in response to an imminent and serious security or safety concern or to impose a medical quarantine. Exception in prescribed circumstances (2) A superintendent shall not impose a lockdown in such circumstances as may be prescribed. Limitations during lockdown (3) During a lockdown, the superintendent may limit the movement of inmates, correctional services employees and other persons in the institution and may, (a) disrupt or cancel inmate programs or services; (b) cancel visits to inmates; (c) suspend access to visitors; (d) refuse the admission of new inmates; (e) suspend transfers of inmates to or from the correctional institution; or (f) impose any other limitations necessary to address the concern or medical quarantine that led to t…

Illness, Injury or Death

105 (1) If the Minister becomes aware that an inmate, including an inmate on a temporary absence, or an individual under community supervision has become seriously ill or injured, the Minister shall immediately notify the next of kin, or other persons specified by the inmate or individual to be notified in the case of a serious illness or injury, and any additional persons that the inmate or individual requests to be notified. Exception (2) Subsection (1) does not apply if the Minister has information that the next of kin or other person to be notified has already been notified of, or has knowledge of, the illness or injury.

106 (1) If the Minister becomes aware that an inmate, including an inmate on a temporary absence, or an individual under community supervision has died, the Minister shall immediately notify the next of kin, or other persons specified by the inmate or individual to be notified in the case of death, and provide them with such information as may be prescribed. Exception (2) Subsection (1) does not apply if the Minister has information that the next of kin or other person to be notified has already been notified of, or has knowledge of, the death. Superintendent’s report to Minister (3) If an inmate dies while in the custody of a correctional institution or as a result of an illness or injury that was contracted, sustained or treated while in custody or while on a temporary absence, the superintendent shall, as soon as practicable, prepare and send a written report concerning the death to t…

107 The Minister may, in accordance with the regulations, pay a compassionate allowance, (a) as compensation to an inmate for permanent disability arising from an injury sustained while engaged in an authorized activity at a correctional institution; (b) to any other person for injury or damage inflicted upon that person by an inmate while under the custody and supervision of the Minister; or (c) to assist the estate of an inmate referred to in subsection 106 (8) with the disposition of the inmate’s remains.

Part VIII Searches

Definitions

108 In this Part, “non-intrusive search” means, (a) a search of the clothed body in accordance with the regulations, including a manual search or a search by technical means, and (b) a search, in accordance with the regulations, if any, of personal possessions, including clothing the person may be carrying or that the person has been requested to remove; (“fouille discrète”) “strip search” means, (a) a visual inspection, in accordance with the regulations, of the naked body, other than a search conducted as part of a medical examination or treatment, and (b) a search, in accordance with the regulations, if any, of all clothing and other personal possessions that the person may be carrying, other than a search conducted as part of a medical examination or treatment. (“fouille à nu”)

Inmate Searches Non-intrusive searches

109 (1) A correctional services employee employed in a correctional institution shall conduct a routine non-intrusive search of every inmate when they are admitted to or otherwise enter the institution. Routine search for security purposes (2) The superintendent of a correctional institution may authorize a routine non-intrusive search of an inmate to be carried out to ensure the security of the correctional institution or the safety of persons. Non-routine search (3) If a correctional services employee employed in a correctional institution believes on reasonable grounds that an inmate is carrying contraband or evidence related to an act of misconduct or a criminal offence, the employee may conduct a non-routine, non-intrusive search of the inmate. Report (4) A correctional services employee who conducts a search under subsection (3) shall report the search to the superintendent as soon…

110 (1) The superintendent of a correctional institution may authorize a routine strip search of an inmate to be carried out to ensure the security of the correctional institution or the safety of persons, (a) when the inmate enters or leaves the institution, other than when the inmate is being released from custody; (b) when the inmate leaves an area, in prescribed circumstances, where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or (c) in other prescribed circumstances. Non-routine (2) A correctional services employee employed in a correctional institution may conduct a non-routine strip search of an inmate in circumstances other than the ones set out in subsection (1) if the employee, (a) believes on reasonable grounds that, (i) a person’s health or safety is at immediate risk, as determined in accordance with the regulations, or (i…

111 An inmate who refuses to be searched or resists a search may be separated from other inmates until the inmate submits to the search or until there is no longer a need to search the inmate.

112 (1) The superintendent of a correctional institution shall ensure that a written record is made of every inmate search. Contents of record (2) The search record shall include, (a) the name of the inmate searched; (b) the name and position of the person who conducted the search; (c) the reason for the search; (d) a description of any property seized or damaged in the search; and (e) the type of search conducted. Inmate to be informed (3) The superintendent shall inform an inmate of any seizure or damage to property belonging to the inmate arising from a search.

113 (1) A person authorized by the Minister for the purpose may demand that an inmate in a correctional institution submit to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body, if, (a) the demand is authorized by the superintendent of the correctional institution and the person authorized by the Minister has reasonable grounds to suspect that, (i) the inmate has consumed or used alcohol or another prescribed substance, and (ii) a test is necessary to confirm the consumption or use; (b) the demand is part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations; or (c) a substance test is prescribed as a requirement for participation in, (i) a prescribed program or activity involving contact with the community, or (ii) a prescribed s…

114 (1) The superintendent shall open and inspect any letter or parcel sent to or from an inmate at the correctional institution to determine whether it contains contraband. Reading only in certain cases (2) A letter or parcel opened and inspected in accordance with subsection (1) shall be read only in accordance with the regulations. Forwarding copy of letter (3) The superintendent may forward a copy of a letter, instead of the original letter, to the inmate, unless the letter is sent to or from the inmate’s lawyer. Refusal to forward (4) The superintendent may refuse to forward the parcel, the letter or a copy of the letter to the inmate or intended recipient if, (a) a court order restricts or prohibits communication or contact between the inmate and the person who is being sent or who has sent the letter or parcel; (b) the letter or parcel directs someone to commit a criminal offence …

115 Any contraband found during a search or inspection of letters or parcels under this Part may be seized and disposed of in the prescribed manner.

Other Searches

116 The superintendent of a correctional institution may authorize a non-intrusive search to be carried out on a correctional services employee by a different correctional services employee if the superintendent believes on reasonable grounds that the employee to be searched is bringing or attempting to bring contraband into or out of the institution.

117 (1) For security purposes, the superintendent of a correctional institution may authorize a non-intrusive search to be carried out on a visitor on the premises of the correctional institution by a correctional services employee. Right to leave (2) Before searching a visitor, a correctional services employee shall notify the visitor of their right to leave the premises if they do not consent to the search and allow them to leave the premises if they so choose. Use of technology (3) Any technology used to conduct a search of a visitor shall be used in accordance with the regulations.

118 (1) The superintendent of a correctional institution may authorize a search of the correctional institution or any part of the correctional institution. Search to be conducted in accordance with regulations (2) A search authorized under subsection (1) shall be conducted in accordance with the regulations.

Part IX Inspections, Investigations and Inquiries

Definitions

119 In this Part, “Ministry correctional policy” means a Ministry policy respecting correctional services; (“politique correctionnelle du ministère”) “Ministry correctional procedure” means a Ministry procedure respecting correctional services. (“procédure correctionnelle du ministère”)

Minister’s Inspections, Investigations and Inquiries

120 (1) The Minister shall appoint a Chief of Investigations to conduct such inspection or investigation as the Minister may require in connection with, (a) the compliance of any correctional services employee with their prescribed code of conduct; (b) the conduct of any person employed in the administration of this Act, contractor or volunteer; (c) a review or policy compliance assessment arising out of risks identified as a result of an inspection or an investigation of a person under clause (a) or (b); (d) the internal security and integrity of correctional services; or (e) any other prescribed matter. Appointment of inspectors and investigators (2) The Chief of Investigations may appoint inspectors and investigators to conduct inspections or investigations under subsection (1) on his or her behalf. Certificate of appointment (3) The Chief of Investigations shall issue to every inspec…

121 (1) The Minister may, by order, appoint a person to make an inquiry into any matter to which this Act applies as may be specified in the Minister’s order and the person so appointed shall report the result of the inquiry to the Minister. Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to the inquiry.

Inspector General

122 (1) The Lieutenant Governor in Council shall appoint an Inspector General of Correctional Services and may appoint one or more deputy Inspectors General. Inspector General’s duties (2) The Inspector General shall, (a) monitor, inspect, investigate and audit the Ministry to ensure that correctional services employees comply with this Act, the regulations and the Ministry correctional policies and procedures; (b) issue directions to the Minister or correctional services employees if they are not in compliance with this Act, the regulations or a Ministry correctional policy or procedure; (c) report in writing to the Minister any non-compliance with directions made under (b); (d) report on the treatment of inmates and on conditions in correctional institutions; (e) review and report on the use of segregation, restrictive confinement and lockdowns in correctional institutions; (f) develop…

123 (1) On or before the prescribed day in each year, the Inspector General shall file an annual report with the Minister that addresses at least the following matters: 1. The activities of the Inspector General, including, i. inspections, investigations and audits conducted, ii. any referrals made under section 131, and iii. any directions issued for non-compliance under section 135. 2. The compliance of correctional services employees with this Act, the regulations and the Ministry correctional policies and procedures. 3. Any other prescribed matters. Publication and tabling (2) The Minister shall publish the annual report in accordance with the regulations and table it in the Legislative Assembly as soon as possible after it is published. Other reports (3) For greater certainty, the Inspector General may publish reports other than the annual report and make them available to the publi…

124 (1) Every person employed in the administration of this Act shall, if required to do so by the regulations, provide the Inspector General with prescribed information related to the discharge of the Inspector General’s duties under subsection 122 (2) at the frequency and in the manner set out in the regulations. Information to Inspector General on request (2) Every person employed in the administration of this Act shall provide the Inspector General with such information as he or she may request from time to time. Time to comply (3) The information requested under subsection (2) shall be provided in the form and manner and within the time specified in the Inspector General’s request.

125 (1) The Inspector General shall not use personal information if other information will serve the purpose of the use. Personal information limited to what is reasonably necessary (2) The Inspector General shall not use more personal information than is reasonably necessary for the purpose of discharging his or her duties under subsection 122 (2). Accuracy (3) Before using personal information, the Inspector General shall take reasonable steps to ensure that the information is as accurate as is necessary for the purpose of the use. Rights of access and correction (4) Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.

126 (1) The Inspector General may appoint inspectors and investigators to conduct the inspections and investigations referred to in subsection (2). Power to inspect and investigate (2) The Inspector General may cause an inspection or investigation to be conducted by an inspector and investigator for the purpose of ensuring that the correctional services employees are complying with this Act, the regulations and the Ministry correctional policies and procedures. Required training (3) An inspector and investigator appointed under this section shall not exercise any of his or her powers or duties under this Act unless he or she has, (a) completed the prescribed training with respect to human rights and systemic racism; (b) completed training that promotes recognition of and respect for, (i) the diverse, multiracial and multicultural character of Ontario society, and (ii) the rights and cult…

127 (1) The Minister may request that the Inspector General cause an inspection or investigation to be conducted under subsection 126 (2). Decline inspection or investigation (2) If the Minister makes a request under subsection (1), the Inspector General may decline to cause the inspection or investigation to be conducted and shall provide the Minister with written reasons for that decision.

Inspections and Investigations

128 An inspector and investigator may, at any reasonable time, enter a place, including a receptacle or vehicle, owned or occupied for a correctional services purpose by the Ministry for the purpose of an inspection or investigation under this Part if the inspector and investigator reasonably believes that, (a) the place contains a thing, document or data relevant to the inspection or investigation; or (b) an activity relating to the purpose of the inspection or investigation is occurring or has occurred at the place.

129 (1) An inspector and investigator may do one or more of the following in the course of entering a place and conducting an inspection or investigation under this Part: 1. Examine anything that relates to the inspection or investigation. 2. Examine, record or copy any thing, data or information, in any form, by any method. 3. Require the production of any document or data, in any form, required to be kept under this Act or the regulations and of any other document or data, in any form, related to the purpose of the inspection or investigation. 4. Remove from the place, for the purpose of making copies, documents or data produced under paragraph 3. 5. Make reasonable inquiries of any person, orally or in writing. 6. Take samples for analysis. 7. Conduct tests or make measurements. 8. Take photos or videos. Limitation (2) A record or copy made under paragraph 2 of subsection (1) must be …

130 (1) An inspector and investigator may, at any reasonable time, require a correctional services employee, a contractor, an employee of a contractor or a volunteer to respond to reasonable inquiries related to the purpose of the inspection or investigation. Same (2) For the purposes of subsection (1), an inspector and investigator may make inquiries by any means of communication. Orally or in writing (3) The inspector and investigator may require the person to respond orally or in writing, as the inspector and investigator may determine. Production (4) In requiring a person to respond to an inquiry under subsection (1), an inspector and investigator may require the production of any thing, document or data related to the inquiry. Document or data in electronic form (5) If a document or data is retained in electronic form, an inspector and investigator may require that a copy of it be p…

131 (1) If, in the course of an inspection or investigation under this Part, an inspector and investigator reasonably suspects that a correctional services employee, contractor, or volunteer may have committed a criminal offence, the inspector and investigator shall notify the Inspector General or the Chief of Investigations in accordance with the regulations. Same (2) If the Inspector General or the Chief of Investigations is notified of a possible criminal offence under subsection (1), the Inspector General or Chief shall refer the matter to a prescribed police force, who shall investigate the matter. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 131 (2) is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 6, Sched. 2, s. 158 (1)) Code of conduct (3) If, in the course of an inspection or investigation under this…

132 On request, an inspector and investigator who exercises a power under this Part shall identify himself or herself as an inspector and investigator by producing a copy of the certificate of appointment, and shall explain the purpose of the exercise of the power.

133 An inspector and investigator may detain any thing, document or data obtained under section 129 for any period and for any purpose relating to the inspection or investigation.

Results of Inspector General Inspection or Investigation

134 (1) An inspector and investigator appointed by the Inspector General who completes an inspection or investigation under this Part shall report his or her findings to the Inspector General. Inspector General’s notification (2) Unless the regulations provide otherwise, the Inspector General shall notify the subject of the inspection or investigation of the findings in the report. Publication (3) The Inspector General shall publish the report made under subsection (1) in accordance with the regulations.

135 (1) If, in the opinion of the Inspector General, the report made under subsection 134 (1) discloses evidence of non-compliance with a requirement of this Act, the regulations or a Ministry correctional policy or procedure, or evidence that an act or omission will likely result in such non-compliance, the Inspector General may issue directions to the Minister to remedy or prevent the non-compliance. Consideration (2) Without restricting the matters the Inspector General shall consider when deciding whether to issue a direction under subsection (1), the Inspector General shall consider whether the non-compliance or likelihood of non-compliance is the result of exceptional circumstances beyond the control of the Minister. No individual directions for code of conduct contraventions (3) Subsection (1) does not permit the Inspector General to issue directions respecting individual employee…

136 (1) If the subject of a direction issued under section 135 fails to comply with it, the Inspector General shall report the non-compliance to the Minister, in writing. Publication (2) The Inspector General shall publish the report referred to in subsection (1) in accordance with the regulations.

part X ontario Parole board

137 (1) The Ontario Parole Board is continued. Composition (2) The Board shall be composed of such full-time and part-time members appointed by the Lieutenant Governor in Council as the Lieutenant Governor in Council may consider necessary. Provincial parole board (3) For the purposes of any Act of the Parliament of Canada, the Board is the provincial parole board for Ontario.

138 (1) The Lieutenant Governor in Council may designate one of the members of the Board to be the chair thereof. Same (2) One member of the Board constitutes a quorum and is sufficient for the exercise of all of the jurisdictions and powers of the Board.

139 Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006.

140 (1) No action or other proceeding may be instituted against a member of or employee in the Board for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. Note: On the later of the day subsection 140 (2) comes into force and the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019) to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, subsection 140 (2) of the Act is amended by striking out “subsections 5 (2) and (4) of the Proceedings Against the Cro…

141 A member of or employee in the Board shall not be required to give testimony in any proceeding with respect to information obtained by him or her in the course of exercising a power or performing a duty under this or another Act.

142 The Board has exclusive jurisdiction to examine, hear and determine all matters and questions relating to the release of inmates on parole and any matter or thing in respect of which any power, authority or discretion is conferred upon the Board by or under this Act or which is conferred upon a provincial parole board by the Corrections and Conditional Release Act (Canada).

143 (1) Subject to subsection (2) and the regulations, the Board may order the release from custody on parole of any inmate convicted of an offence under any Act of the Legislature, any Act of the Parliament of Canada or against a municipal by-law upon such conditions as the Board may determine. Criteria for granting parole (2) The Board may grant parole to an inmate if, in its opinion, (a) the inmate will not, by reoffending, present an undue risk to society before the expiration according to law of the sentence the inmate is serving; and (b) the release of the inmate will contribute to the protection of society by facilitating the reintegration of the inmate into society as a law-abiding citizen. Purpose of parole (3) The purpose of parole is to contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will bes…

144 (1) If an inmate applies for parole, the Board may grant parole in accordance with section 143 or deny it. Notification (2) The Minister shall notify every inmate sentenced to imprisonment in a correctional institution in writing of the inmate’s parole eligibility date no later than 30 days after the date on which the inmate was sentenced. Reviews and hearings

145 (1) Where an inmate is serving a term of imprisonment of less than six months, the following rules apply: 1. The inmate may apply to the Board for parole at any time. 2. The inmate is not entitled to a hearing before the Board. Imprisonment six months or more but less than specified duration (2) Where an inmate is serving a term of imprisonment of six months or more but less than the duration specified under subsection (4), the following rules apply: 1. The Board shall consider the inmate for parole before the parole eligibility date, whether or not the inmate has applied for parole. 2. The inmate is entitled to waive in writing being considered for parole. 3. The inmate is entitled to a hearing before the Board unless the inmate waives in writing being considered for parole. 4. The inmate is entitled to waive in writing the right to a hearing before the Board, but if the inmate with…

146 (1) Where parole has been granted but the inmate has not yet been released from custody on parole, the Board may revoke its grant of parole if, (a) it obtains new information that is relevant to its decision to grant parole; or (b) the inmate requests that the grant be revoked. New hearing (2) Where the Board has revoked a grant of parole under clause (1) (a), the Board shall hold a new hearing to determine whether to grant parole or not in accordance with section 143, unless the inmate waives his or her right to the hearing.

147 Victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences may participate in proceedings of the Board in accordance with the regulations. Note: On the later of the day section 6 of Schedule 18 to the Enhancing Access to Justice Act, 2024 comes into force and the day section 147 of the Act comes into force, the French version of section 147 of the Act is amended. (See: 2024, c. 2, Sched. 18, s. 8 (1)) Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 18, s. 8 (1) - not in force

148 Where parole is granted by the Board, the term of parole shall include any portion of remission standing to the credit of the parolee when he or she is released and shall end upon the expiration of his or her sentence as set out in his or her warrant of committal.

149 When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be paroled to submit such information to the Board.

150 (1) A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in circumstances described in subsection (2), (a) suspend a parolee’s parole; (b) authorize the apprehension of the parolee; and (c) authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the sentence expires according to law. Circumstances (2) Subsection (1) applies if, (a) the parolee breaches a condition of his or her parole; or (b) the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and reasonable to suspend the parole in order to, (i) prevent a breach of a condition of parole, or (ii) protect any person from danger or any property from damage. Review hearing (3) The Board shall hold a hearing to review the granting and suspension of the inmate’s parole as soon …

151 Nothing in this Act shall be construed as affecting or impairing or as intending or purporting to affect or impair the powers of the Governor General of Canada or the Lieutenant Governor of Ontario to grant a reprieve, pardon or commutation of sentence in any case.

PART XI Probation and parole Officers

152 In this Part, “court” means a court of criminal jurisdiction.

153 (1) Such probation and parole officers as are considered necessary for the purposes of this Act shall be appointed under Part III of the Public Service of Ontario Act, 2006. Jurisdiction (2) Every probation and parole officer appointed in accordance with subsection (1) is a probation and parole officer in and for the Province of Ontario and shall perform his or her duties in such part of Ontario as is assigned from time to time by the Minister. Same (3) Every probation and parole officer appointed in accordance with subsection (1) is a probation officer for the purposes of, (a) the Provincial Offences Act, the Child and Family Services Act and any other Act of the Legislature; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 153 (3) (a) of this Act is amended by striking out “Child and Family Services Act” and substituting “Child, Youth and Family Ser…

154 (1) It is the duty of a probation and parole officer, (a) to supervise individuals under community supervision and enforce the orders respecting individuals under community supervision, based on a probation and parole officer’s assessment of risk and need; (b) to provide an individual under community supervision with effective correctional intervention and rehabilitative programming through the development of an individualized case management plan; (c) to comply with any direction made to the probation and parole officer by a court in a probation order or conditional sentence order; (d) to support the reintegration of inmates and individuals under community supervision; (e) to procure and report to a court such information pertaining to a person found to have committed an offence as the court may require for the purpose of making a disposition of the case; (f) to make recommendations…

PART XII GENERAL PROVISIONS

155 (1) The Statutory Powers Procedure Act does not apply to any decisions made or proceedings conducted under this Act, other than proceedings before the Board. Application to proceedings before the Board (2) The following provisions of the Statutory Powers Procedure Act do not apply to proceedings before the Board: 1. Subsection 4 (1) (Waiver of procedural requirement). 2. Section 4.5 (Decision not to process commencement of proceeding). 3. Section 4.6 (Dismissal of proceeding without hearing). 4. Section 9.1 (Proceedings involving similar questions). 5. Section 10 (Right to representation). 6. Section 10.1 (Examination of witnesses). 7. Section 17.1 (Costs). Same (3) Despite section 32 of the Statutory Powers Procedure Act, the provisions of this Act and the regulations respecting proceedings before the Board prevail over the provisions of that Act with which they conflict.