GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Regulations — 113
113 (1) Where, on reception of an inmate in a penitentiary, the inmate wishes to have a business that the inmate is operating outside the penitentiary operated on the inmate’s behalf or to wind up the business, the Service shall ensure that the inmate is given a reasonable opportunity to make arrangements to have the business operated on the inmate’s behalf or wind up the business. (2) Where an inmate wishes to wind up a business that the inmate is operating in the penitentiary, the Service shall ensure that the inmate is given a reasonable opportunity to wind up the business.
Corrections and Conditional Release Regulations — 114
114 If an offender submits a request for a transfer to the care and custody of the appropriate Indigenous authority under subsection 81(3) of the Act, the Commissioner or a staff member designated by the Commissioner shall, within 60 days after the request is made, consider the request, consult with the appropriate Indigenous authority and give the offender written notice of the decision, including the reasons for the decision if the request is denied. SOR/2019-299, s. 28
Corrections and Conditional Release Regulations — 115
115 For the purposes of subsection 88(4) of the Act, equal numbers from the community of lay persons and registered health care professionals with expertise related to the treatment demonstration program shall constitute a treatment demonstration program committee.
Corrections and Conditional Release Regulations — 116
116 (1) Where an inmate dies, the institutional head or a staff member designated by the institutional head shall promptly notify (a) subject to subsection (2), the person who the inmate indicated to the Service in writing was to be notified; (b) the coroner or medical examiner who has jurisdiction over the area in which the penitentiary is located; and (c) the Commissioner or a staff member designated by the Commissioner. (2) If an inmate has not indicated the name of a person under subsection (1), the institutional head or staff member shall, as soon as practicable, notify the inmate’s next of kin. SOR/2019-299, s. 29
Corrections and Conditional Release Regulations — 117
117 (1) Where the body of a deceased inmate is claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the moneys standing to the inmate’s credit in the Inmate Trust Fund are insufficient to cover the cost, for the body to be transported to a funeral home in the person’s or next of kin’s hometown. (2) The Service may, for compassionate reasons or where the costs of the funeral of an inmate would prevent the body of the inmate being claimed, pay all or part of the costs of the funeral in the hometown of the inmate or of the person who claims the body. SOR/2019-299, s. 30
Corrections and Conditional Release Regulations — 118
118 Where the body of a deceased inmate is not claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the inmate’s estate is insufficient to cover the costs, for the body to be (a) where practicable, buried, cremated or otherwise dealt with, in accordance with the instructions left by the inmate; or (b) buried or cremated, where the inmate did not leave instructions, or where it is not practicable to carry out the inmate’s instructions.
Corrections and Conditional Release Regulations — 119
119 (1) The Service shall deliver the portion of the estate of a deceased inmate that is under the control of the Service to the inmate’s personal representative, if any, in accordance with applicable provincial laws. (2) For the purposes of subsection (1), the portion of the estate of a deceased inmate that is under the control of the Service includes (a) any pay that was owed to the inmate by the Service at the time of death; (b) any moneys standing to the inmate’s credit in the Inmate Trust Fund; and (c) the inmate’s personal belongings, including cash, that are in the care or custody of the Service.
Corrections and Conditional Release Regulations — 120
120 (1) The Service shall give, to each inmate on the inmate’s release from penitentiary, where necessary, (a) clothing suitable to the season and to the requirements of the inmate’s release plan; and (b) an amount to cover travelling and living expenses (i) to the destination specified in the inmate’s release plan, or (ii) where the inmate is leaving the penitentiary on expiration of the inmate’s sentence, to (A) the place where the inmate was convicted, if the inmate was convicted in Canada, (B) at the request of the inmate, any place no further distant than the place referred to in clause (A), or (C) any place in Canada, with the approval of the Commissioner or a staff member designated by the Commissioner. (2) Where an inmate is released from penitentiary, the Service shall ensure that the inmate is given all moneys standing to the inmate’s credit in the Inmate Trust Fund. (3) Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, in accordance with Commissioner’s Directives, the offender is provided with an allowance to ensure that the offender’s basic material needs are met and to permit the offender to comply with the requirements of the release plan.
Corrections and Conditional Release Regulations — 121
ment for treating a disability, and (f) travel and accommodation expenses that relate to paragraphs (a) to (e); ( soins médicaux ) minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code ; ( salaire minimum ) monthly minimum wage means the minimum wage multiplied by 175; ( salaire minimum mensuel ) occupational disease includes (a) a disease resulting from exposure to a substance relating to a particular process, a trade or occupation in an industry, and (b) a disease peculiar to or characteristic of a particular industrial process, trade or occupation; ( maladie professionnelle ) spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; ( conjoint ) surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. ( conjoint survivant )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
age of majority , in respect of a dependent child, means the age of majority in the province in which the dependent child resides; ( âge de la majorité )
Corrections and Conditional Release Regulations — (a)
approved program means (a) any work activity sponsored, approved or permitted by the Service or any other activity required by the Service, excluding any recreational or social activity, (b) any extra duties imposed pursuant to subsection 44(1) of the Act, (c) any training course that is approved by the Service, and (d) any transportation that is arranged for or provided by the Service in connection with any activity, duties or course referred to in paragraphs (a) to (c); ( programme agréé )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
authorized person means a person who is authorized by the Minister under section 22 of the Act to pay compensation; ( délégué )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
child means a natural or adopted child of an inmate or a person on day parole, or a child in respect of whom the inmate or person on day parole maintains a parent-child relationship; ( enfant )
Corrections and Conditional Release Regulations — (a)
claimant means (a) a person who is claiming compensation for a disability attributable to the person’s participation in an approved program, and (b) in the case of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program, a person who is claiming compensation as a dependant of that inmate or person; ( demandeur )
Corrections and Conditional Release Regulations — (a)
common-law spouse means a person who (a) has cohabited with an inmate or person on day parole, although not legally married to the inmate or person, for at least one year immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and (b) has been recognized as the husband or wife of that inmate or person in the community in which they have cohabited; ( conjoint de fait )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
compensation means compensation paid pursuant to section 22 of the Act; ( indemnité )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
dependant means a dependent child or surviving spouse of an inmate or a person on day parole; ( personne à charge )
Corrections and Conditional Release Regulations — (a)
dependent child means a surviving child of an inmate or a person on day parole (a) who has never been married, whose financial support was obtained substantially from the inmate or person on day parole immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and (b) who is (i) less than the age of majority, (ii) the age of majority or older but under 25 years of age and enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution, or (iii) the age of majority or older and physically or mentally incapable of earning income through employment, where the incapacity predates the child’s reaching the age of majority; ( enfant à charge )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
disability means the loss or lessening of the power to will and to do any normal mental or physical act; ( invalidité )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
Labour Canada means the person who is responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour or a person who is designated by that person; ( Travail Canada )
Corrections and Conditional Release Regulations — (a)
medical care means care that is reasonably necessary to diagnose, cure or give relief from a disability and includes (a) treatment by a qualified medical practitioner or a dentist, (b) in-patient and out-patient care and maintenance in a hospital or clinic, (c) therapeutic and work-related training and rehabilitation services, (d) the provision of drugs, medical and surgical supplies, prosthetic appliances and eyeglasses, (e) rental of equipment for treating a disability, and (f) travel and accommodation expenses that relate to paragraphs (a) to (e); ( soins médicaux )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code ; ( salaire minimum )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
monthly minimum wage means the minimum wage multiplied by 175; ( salaire minimum mensuel )
Corrections and Conditional Release Regulations — (a)
occupational disease includes (a) a disease resulting from exposure to a substance relating to a particular process, a trade or occupation in an industry, and (b) a disease peculiar to or characteristic of a particular industrial process, trade or occupation; ( maladie professionnelle )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; ( conjoint )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. ( conjoint survivant )
Corrections and Conditional Release Regulations — 122
122 Subject to sections 123 to 140, the Minister or authorized person may pay compensation to (a) an inmate or a person on day parole, in respect of a disability or the aggravation of an existing disability that is attributable to the participation of the inmate or person in an approved program, (i) after the inmate or person is released from custody on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence, or (ii) where the person on day parole is employed on a full-time basis other than by the Service; and (b) a dependant in respect of the death of an inmate or a person on day parole that is attributable to the participation of the inmate or person in an approved program.
Corrections and Conditional Release Regulations — 123
123 The Minister or authorized person may pay compensation in the amount required for medical care for a disability.
Corrections and Conditional Release Regulations — 124
124 (1) Subject to subsections (2) and (3), the Minister or authorized person shall not pay compensation unless the incident giving rise to the claim for compensation is reported to the Service by the claimant within three months after its occurrence, which report shall include (a) the place and date of the incident; (b) a full description of the incident; and (c) the names and addresses of all known witnesses. (2) Where the claimant does not submit a report within the period referred to in subsection (1), the Minister or authorized person may extend the period referred to in that subsection where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim. (3) A claimant is not required to make a report referred to in subsection (1) if the Service already has in its possession a report of the incident giving rise to the claim.
Corrections and Conditional Release Regulations — 125
125 (1) Subject to subsection (2), the Minister or authorized person shall not pay compensation unless a claim for compensation is submitted (a) in the case of the death of an inmate or a person on day parole, within three months after the death; and (b) in the case of a disability, before the date on which, after the incident giving rise to the claim, the inmate or person on day parole is first released on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence. (2) The Service may extend a period referred to in subsection (1) for a period of not more than two years after the death or the occurrence of the incident giving rise to the claim where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.
Corrections and Conditional Release Regulations — 126
126 Every claim for compensation shall be in writing, signed by the claimant or a person legally authorized to act on behalf of the claimant, and set out the following information: (a) the name of the inmate or person on day parole in respect of whom the claim is made; (b) in the case of a claim for a disability, (i) the date of the incident giving rise to the claim, and (ii) the nature and location of any medical care provided to the inmate or person on day parole; and (c) in the case of a claim in respect of the death of an inmate or a person on day parole, the names and addresses of all known dependants.
Corrections and Conditional Release Regulations — 127
127 The Minister or authorized person shall not pay compensation unless (a) the claimant mails or otherwise delivers a claim for compensation to Labour Canada; (b) Labour Canada examines the claim; (c) Labour Canada makes an assessment that the claimant has a disability; (d) where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assesses (i) the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker’s Compensation Board of Ontario at the time the disability is assessed, and (ii) the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant; (e) in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and (f) Labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.
Corrections and Conditional Release Regulations — 128
128 (1) Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant’s earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment. (2) Compensation for a disability shall only be paid for the period that the disability continues.
Corrections and Conditional Release Regulations — 129
129 (1) Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments. (2) Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments. (3) A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant’s financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant. (4) Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal. (5) The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers’ Compensation Board of Ontario at the time that the disability is assessed.
Corrections and Conditional Release Regulations — 130
130 Notwithstanding any other provision of these Regulations, except section 141, the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.
Corrections and Conditional Release Regulations — 131
131 (1) Subject to subsection (2), the compensation that may be paid in respect of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program is (a) subject to section 117, an amount not exceeding $900 for the burial or cremation of the body; (b) subject to section 117, an amount not exceeding $300, where for compassionate reasons the body is transported to a region or an area that is outside the region or area in which the inmate or person on day parole resided immediately before the death; (c) a lump sum of $500 plus a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the payment, for the surviving spouse; and (d) $125 per month for each dependent child, and if the surviving spouse dies, $140 per month thereafter. (2) Where compensation is payable to dependent children who are the sole survivors of an inmate or a person on day parole and the dependent children have been placed in the care and custody of a foster parent by the appropriate provincial authorities, the Minister or authorized person may pay the foster parent a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the monthly payment until the last dependent child in the care and custody of the foster parent ceases to be eligible for compensation. SOR/2019-299, s. 31
Corrections and Conditional Release Regulations — 132
132 The Minister or authorized person may request, in writing, that a claimant who is a dependant submit proof that the claimant meets the conditions set out in these Regulations for payment of compensation, and may, until receipt of such proof, withhold further payments.
Corrections and Conditional Release Regulations — 133
133 The Minister or authorized person shall not pay compensation in respect of the death or disability of an inmate or a person on day parole where the death or disability is attributable to improper conduct, including self-inflicted wounding or criminal conduct, by the inmate or person on day parole.
Corrections and Conditional Release Regulations — 134
134 The Minister or authorized person shall not pay compensation to a claimant for any period during which the claimant is incarcerated or serving a sentence in a provincial correctional facility.
Corrections and Conditional Release Regulations — 135
135 The Minister or authorized person shall not pay compensation to a claimant who is or would have been eligible to claim compensation in respect of the incident giving rise to the claim under the Government Employees Compensation Act or the Merchant Seamen Compensation Act , or under provincial compensation legislation providing for compensation to workers or their dependants.
Corrections and Conditional Release Regulations — 136
136 (1) The Minister or authorized person shall not pay compensation in respect of a disability to a claimant who resides outside Canada, other than a claimant (a) whose residence outside Canada has been approved by the Minister pursuant to subsection (2); (b) who was removed from Canada pursuant to a removal order, or left Canada pursuant to a departure notice, made under the Immigration and Refugee Protection Act ; (c) who was deported from Canada pursuant to the Immigration and Refugee Protection Act as that Act read prior to April 10, 1978; or (d) who has been transferred outside Canada under the Transfer of Offenders Act . (2) Where a claimant is claiming or receiving compensation for a disability, the Minister or authorized person shall, before granting approval of the residence outside Canada, consider whether the residence will worsen the claimant’s disability or increase the medical care required by the claimant. 2001, c. 27, s. 273
Corrections and Conditional Release Regulations — 137
137 The Minister or authorized person shall not pay compensation where the Minister or authorized person determines that, because of the place or circumstances in which the claimant is living, the claimant would not be or would no longer be a dependant if the deceased inmate or person on day parole was still living.