GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 150
Vice-Chairpersons 150 (1) A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Vice-Chairperson for each regional division of the Board. Idem (2) A Vice-Chairperson for a division is responsible to the Chairperson for the professional conduct, training, and quality of decision-making of Board members assigned to that division.
Corrections and Conditional Release Act — C-44.6 151
Executive Committee 151 (1) There shall be an Executive Committee of the Board consisting of the Chairperson, the Executive Vice-Chairperson, the Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons and two other members of the Board designated by the Chairperson after consultation with the Minister. Functions (2) The Executive Committee (a) shall, after such consultation with Board members as it considers appropriate, adopt policies relating to reviews under this Part; (b) shall, where requested by the Chairperson, advise the Chairperson on any other matters concerning the functions of the Board or of the Chairperson under this or any other Act of Parliament; and (c) may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations. Respect for diversity (3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and of Indigenous persons, as well as to the needs of other groups of offenders with special requirements. Chair (4) Meetings of the Executive Committee shall be chaired by the Chairperson. 1992, c. 20, s. 151; 1995, c. 42, s. 58(F) 2019, c. 27, s. 35
Corrections and Conditional Release Act — C-44.6 152
Chief Executive Officer 152 (1) The Chairperson of the Board is its chief executive officer and as such has supervision over and direction of the work and the staff of the Board, and the Chairperson shall chair general meetings of the Board. Withdrawal of member (2) The Chairperson may direct that a member of the Board not participate in a review panel where, in the opinion of the Chairperson, the participation of the member in the review may result in a reasonable apprehension of bias. Constitution of review panels (3) The Chairperson may direct that the number of members required to constitute a panel for the review of any particular case shall be greater than the number fixed by the regulations. Investigations (4) The Chairperson may appoint a person or persons to investigate and report on any matter relating to the operations of the Board, and sections 7 to 13 of the Inquiries Act apply in respect of such investigations, with such modifications as the circumstances require, as if the references to “commissioners” in those sections were references to the person or persons so appointed. Delegation (5) The Chairperson may authorize any full-time member of the Board to exercise any of the Chairperson’s functions under this Part, in accordance with any conditions specified by the Chairperson, and a function so exercised shall be deemed to have been exercised by the Chairperson. Manner of exercising (6) Where the Chairperson is authorized by this Part to designate a person to exercise a power, the Chairperson may specify the conditions under which that person may exercise the power. Absence, incapacity or vacancy (7) In the event of the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, the Executive Vice-Chairperson may exercise all the powers of the Chairperson. Idem (8) In the event of the absence or incapacity of, or a vacancy in the offices of, the Chairperson and the Executive Vice-Chairperson, a full-time member of the Board designated by the Minister may exercise all the powers of the Chairperson.
Corrections and Conditional Release Act — C-44.6 153
Remuneration of full-time and substitute members 153 (1) Each full-time and substitute member of the Board shall be paid such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the administrative centre to which the member is assigned. Leave of absence from public service (2) An employee in the public service appointed as a full-time member of the Board shall be given leave of absence without pay from the public service. Remuneration of part-time members (3) Each part-time member of the Board shall be paid such remuneration as is fixed by the Governor in Council for each day that the member is serving as such, and is entitled to be paid reasonable travel and living expenses incurred while performing duties away from the member’s ordinary place of residence. Pension (4) The full-time members and employees of the Board shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . 1992, c. 20, s. 153; 2003, c. 22, s. 225(E)
Corrections and Conditional Release Act — C-44.6 154
Immunity of members 154 No criminal or civil proceedings lie against a member of the Board for anything done or said in good faith in the exercise or purported exercise of the functions of a member of the Board under this or any other Act of Parliament.
Corrections and Conditional Release Act — C-44.6 154.1
Board members not to be witnesses 154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament. 2012, c. 1, s. 101
Corrections and Conditional Release Act — C-44.6 155
Impartiality 155 (1) A full-time member of the Board shall not hold any office or engage in any occupation incompatible with the exercise of the member’s functions under this or any other Act of Parliament. Idem (2) A member of the Board may not participate in a review of a case in circumstances where a reasonable apprehension of bias may result from the participation of that member.
Corrections and Conditional Release Act — C-44.6 155.2
Report of inquiry 155.2 (1) After an inquiry under section 155.1 has been completed, the judge who conducted the inquiry shall prepare a report of the conclusions of the inquiry and submit it to the Minister. Recommendations (2) Where an inquiry under section 155.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Board in respect of whom the inquiry was held (a) has become incapacitated from the due execution of the member’s office by reason of infirmity, (b) is guilty of misconduct, (c) has failed in the due execution of the member’s office, or (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of the member’s office, the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such disciplinary or remedial measure as the judge considers necessary be taken. Governor in Council may suspend or remove (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member of the Board to whom the report relates without pay, remove the member from office or take any other disciplinary or remedial measure. 1995, c. 42, s. 59
Corrections and Conditional Release Act — C-44.6 156
Regulations 156 (1) The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation, including defining terms that are to be defined in the regulations for the purposes of this Part, and, generally, for carrying out the purposes and provisions of this Part. Application (2) Regulations may be made pursuant to subsection (1) that are applicable (a) in respect of offenders within the jurisdiction of a provincial parole board; and (b) in respect of a specified class, or specified classes, of offenders. Regulations (3) The Governor in Council may, by regulation, amend Schedule I or II. Idem (4) The Governor in Council may make regulations respecting the method of determining (a) pursuant to sections 120 to 120.3, the period that an offender must serve before being eligible for parole; (b) pursuant to section 127, the period that an offender must serve before being entitled to statutory release; and (c) the manner in which subsection 139(1) applies in respect of sentences. 1992, c. 20, s. 156; 1995, c. 42, s. 60; 2015, c. 30, s. 5
Corrections and Conditional Release Act — C-44.6 157
Definitions 157 In this Part, Commissioner has the same meaning as in Part I; ( commissaire ) Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; ( enquêteur correctionnel ) long-term supervision has the same meaning as in Part I; ( surveillance de longue durée ) Minister has the same meaning as in Part I; ( ministre ) offender has the same meaning as in Part II; ( délinquant ) parole has the same meaning as in Part II; ( libération conditionnelle ) penitentiary has the same meaning as in Part I; ( pénitencier ) provincial parole board has the same meaning as in Part II; ( commission provinciale ) statutory release has the same meaning as in Part II. ( libération d’office ) 1992, c. 20, s. 157; 1997, c. 17, s. 36; 2005, c. 10, s. 17(F); 2012, c. 1, s. 102
Corrections and Conditional Release Act — C-44.6
Correctional Investigator means the Correctional Investigator of Canada appointed pursuant to section 158; ( enquêteur correctionnel )
Corrections and Conditional Release Act — C-44.6
offender has the same meaning as in Part II; ( délinquant )
Corrections and Conditional Release Act — C-44.6
statutory release has the same meaning as in Part II. ( libération d’office )
Corrections and Conditional Release Act — C-44.6 157.1
Application to persons subject to long-term supervision order 157.1 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part. 1997, c. 17, s. 37
Corrections and Conditional Release Act — C-44.6 158
Appointment 158 The Governor in Council may appoint a person to be known as the Correctional Investigator of Canada.
Corrections and Conditional Release Act — C-44.6 159
Eligibility 159 A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada. 1992, c. 20, s. 159; 2001, c. 27, s. 243
Corrections and Conditional Release Act — C-44.6 160
Tenure of office and removal 160 (1) The Correctional Investigator holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council. Further terms (2) The Correctional Investigator, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Corrections and Conditional Release Act — C-44.6 161
Absence, incapacity or vacancy 161 In the event of the absence or incapacity of the Correctional Investigator, or if the office of Correctional Investigator is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Correctional Investigator during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Correctional Investigator under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Corrections and Conditional Release Act — C-44.6 162
Devotion to duties 162 The Correctional Investigator shall engage exclusively in the function and duties of the office of the Correctional Investigator and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.
Corrections and Conditional Release Act — C-44.6 163
Salary and expenses 163 (1) The Correctional Investigator shall be paid such salary as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part. Pension benefits (2) The provisions of the Public Service Superannuation Act , other than those relating to tenure of office, apply to the Correctional Investigator, except that a person appointed as Correctional Investigator from outside the public service, as defined in subsection 3(1) of the Public Service Superannuation Act , may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act , in which case the provisions of that Act, other than those relating to tenure of office, apply to the Correctional Investigator from the date of appointment and the provisions of the Public Service Superannuation Act do not apply. Other benefits (3) The Correctional Investigator is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . 1992, c. 20, s. 163; 2003, c. 22, ss. 224(E), 225(E)
Corrections and Conditional Release Act — C-44.6 164
Management 164 The Correctional Investigator has the control and management of all matters connected with the office of the Correctional Investigator.
Corrections and Conditional Release Act — C-44.6 165
Staff of the Correctional Investigator 165 (1) Such officers and employees as are necessary to enable the Correctional Investigator to perform the function and duties of the Correctional Investigator under this Part shall be appointed in accordance with the Public Service Employment Act . Technical assistance (2) The Correctional Investigator may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Correctional Investigator to advise and assist the Correctional Investigator in the performance of the function and duties of the Correctional Investigator under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Corrections and Conditional Release Act — C-44.6 166
Oath of office 166 The Correctional Investigator and every person appointed pursuant to section 161 or subsection 165(1) shall, before commencing the duties of office, take the following oath of office: “I, (name), swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (Correctional Investigator, Acting Correctional Investigator or officer or employee of the Correctional Investigator). So help me God.”
Corrections and Conditional Release Act — C-44.6 167
Function 167 (1) It is the function of the Correctional Investigator to conduct investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affect offenders either individually or as a group. Restrictions (2) In performing the function referred to in subsection (1), the Correctional Investigator may not investigate (a) any decision, recommendation, act or omission of (i) the Parole Board of Canada in the exercise of its exclusive jurisdiction under this Act, or (ii) any provincial parole board in the exercise of its exclusive jurisdiction; (b) any problem of an offender related to the offender’s confinement in a provincial correctional facility, whether or not the confinement is pursuant to an agreement between the federal government and the government of the province in which the provincial correctional facility is located; and (c) any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole, statutory release subject to supervision or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province. Exception (3) Notwithstanding paragraph (2)(b), the Correctional Investigator may, in any province that has not appointed a provincial parole board, investigate the problems of offenders confined in provincial correctional facilities in that province related to the preparation of cases of parole by any person under the control and management of, or performing services for or on behalf of, the Commissioner. 1992, c. 20, s. 167; 2012, c. 1, s. 160
Corrections and Conditional Release Act — C-44.6 168
Application to Federal Court 168 Where any question arises as to whether the Correctional Investigator has jurisdiction to investigate any particular problem, the Correctional Investigator may apply to the Federal Court for a declaratory order determining the question.
Corrections and Conditional Release Act — C-44.6 169
Information program 169 The Correctional Investigator shall maintain a program of communicating information to offenders concerning (a) the function of the Correctional Investigator; (b) the circumstances under which an investigation may be commenced by the Correctional Investigator; and (c) the independence of the Correctional Investigator.
Corrections and Conditional Release Act — C-44.6 170
Commencement 170 (1) The Correctional Investigator may commence an investigation (a) on the receipt of a complaint by or on behalf of an offender; (b) at the request of the Minister; or (c) on the initiative of the Correctional Investigator. Discretion (2) The Correctional Investigator has full discretion as to (a) whether an investigation should be conducted in relation to any particular complaint or request; (b) how every investigation is to be carried out; and (c) whether any investigation should be terminated before its completion.
Corrections and Conditional Release Act — C-44.6 171
Right to hold hearing 171 (1) In the course of an investigation, the Correctional Investigator may hold any hearing and make such inquiries as the Correctional Investigator considers appropriate, but no person is entitled as of right to be heard by the Correctional Investigator. Hearings to be in camera (2) Every hearing held by the Correctional Investigator shall be in camera unless the Correctional Investigator decides otherwise.
Corrections and Conditional Release Act — C-44.6 172
Right to require information and documents 172 (1) In the course of an investigation, the Correctional Investigator may require any person (a) to furnish any information that, in the opinion of the Correctional Investigator, the person may be able to furnish in relation to the matter being investigated; and (b) subject to subsection (2), to produce, for examination by the Correctional Investigator, any document, paper or thing that, in the opinion of the Correctional Investigator, relates to the matter being investigated and that may be in the possession or under the control of that person. Return of document, etc. (2) The Correctional Investigator shall return any document, paper or thing produced pursuant to paragraph (1)(b) to the person who produced it within ten days after a request therefor is made to the Correctional Investigator, but nothing in this subsection precludes the Correctional Investigator from again requiring its production in accordance with paragraph (1)(b). Right to make copies (3) The Correctional Investigator may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).
Corrections and Conditional Release Act — C-44.6 173
Right to examine under oath 173 (1) In the course of an investigation, the Correctional Investigator may summon and examine on oath (a) where the investigation is in relation to a complaint, the complainant, and (b) any person who, in the opinion of the Correctional Investigator, is able to furnish any information relating to the matter being investigated, and for that purpose may administer an oath. Representation by counsel (2) Where a person is summoned pursuant to subsection (1), that person may be represented by counsel during the examination in respect of which the person is summoned.
Corrections and Conditional Release Act — C-44.6 174
Right to enter 174 For the purposes of this Part, the Correctional Investigator may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Commissioner and inspect the premises and carry out therein any investigation or inspection.
Corrections and Conditional Release Act — C-44.6 175
Decision not to investigate 175 Where the Correctional Investigator decides not to conduct an investigation in relation to a complaint or a request from the Minister or decides to terminate such an investigation before its completion, the Correctional Investigator shall inform the complainant or the Minister, as the case may be, of that decision and, if the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act .
Corrections and Conditional Release Act — C-44.6 176
Complaint not substantiated 176 Where, after conducting an investigation in relation to a complaint, the Correctional Investigator concludes that the complaint has not been substantiated, the Correctional Investigator shall inform the complainant of that conclusion and, where the Correctional Investigator considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act .
Corrections and Conditional Release Act — C-44.6 177
Informing of problem 177 Where, after conducting an investigation, the Correctional Investigator determines that a problem referred to in section 167 exists in relation to one or more offenders, the Correctional Investigator shall inform (a) the Commissioner, or (b) where the problem arises out of the exercise of a power delegated by the Chairperson of the Parole Board of Canada to a person under the control and management of the Commissioner, the Commissioner and the Chairperson of the Parole Board of Canada of the problem and the particulars thereof. 1992, c. 20, s. 177; 2012, c. 1, s. 160