GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 88
When treatment permitted 88 (1) Except as provided by subsection (5), (a) treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and (b) an inmate has the right to refuse treatment or withdraw from treatment at any time. Meaning of informed consent (2) For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand, (a) the likelihood and degree of improvement, remission, control or cure as a result of the treatment; (b) any significant risk, and the degree thereof, associated with the treatment; (c) any reasonable alternatives to the treatment; (d) the likely effects of refusing the treatment; and (e) the inmate’s right to refuse the treatment or withdraw from the treatment at any time. Special case (3) For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole. Treatment demonstration programs (4) Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has (a) approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and (b) reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section. Where provincial law applies (5) Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.
Corrections and Conditional Release Act — C-44.6 89
Force-feeding 89 The Service shall not direct the force-feeding, by any method, of an inmate who had the capacity to understand the consequences of fasting at the time the inmate made the decision to fast.
Corrections and Conditional Release Act — C-44.6 89.1
Patient advocacy services 89.1 The Service shall provide, in respect of inmates in penitentiaries designated by the Commissioner, access to patient advocacy services (a) to support inmates in relation to their health care matters; and (b) to enable inmates and their families or an individual identified by the inmate as a support person to understand the rights and responsibilities of inmates related to health care. 2019, c. 27, s. 30
Corrections and Conditional Release Act — C-44.6 90
Grievance procedure 90 There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).
Corrections and Conditional Release Act — C-44.6 91
Access to grievance procedure 91 Every offender shall have complete access to the offender grievance procedure without negative consequences. 1992, c. 20, s. 91; 1995, c. 42, s. 22(F)
Corrections and Conditional Release Act — C-44.6 91.1
Frivolous complaints, etc. 91.1 (1) If the Commissioner is satisfied that an offender has persistently submitted complaints or grievances that are frivolous, vexatious or not made in good faith, the Commissioner may, in accordance with the prescribed procedures, prohibit an offender from submitting any further complaint or grievance except by leave of the Commissioner. Review of prohibition (2) The Commissioner shall review each prohibition under subsection (1) annually and shall give the offender written reasons for his or her decision to maintain or lift it. 2013, c. 3, s. 2
Corrections and Conditional Release Act — C-44.6 91.2
Regulations 91.2 The Governor in Council may make regulations respecting the complaints and grievances regime with respect to offenders who are subject to a prohibition under subsection 91.1(1). 2013, c. 3, s. 2
Corrections and Conditional Release Act — C-44.6 92
General 92 An inmate may be released from a penitentiary or from any other place designated by the Commissioner.
Corrections and Conditional Release Act — C-44.6 93
Timing of release from penitentiary 93 (1) Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of statutory release or the expiration of the sentence shall be released during normal business hours on the last working day before that day. Earlier release in some cases (2) Where the institutional head is satisfied that an inmate’s re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of statutory release or the expiration of the sentence. When inmate deemed released (3) An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of statutory release or the expiration of the sentence, as the case may be, at the moment of actual release. (3.1) [Repealed, 2011, c. 11, s. 2] Release on request (4) Where an inmate who is in penitentiary pursuant to subsection 94(1) requests to be released, the Service shall release the inmate as soon as reasonably possible, but is not required to release the inmate except during normal business hours on a working day. (5) [Repealed, 1995, c. 42, s. 23] 1992, c. 20, s. 93; 1995, c. 42, s. 23; 2011, c. 11, s. 2; 2012, c. 1, s. 67(F)
Corrections and Conditional Release Act — C-44.6 94
Temporary stay in penitentiary 94 (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence. Person deemed an inmate (2) A person staying temporarily in a penitentiary pursuant to subsection (1) shall be deemed to be an inmate while in the penitentiary. Continuation of parole or statutory release (3) Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act. 1992, c. 20, s. 94; 1995, c. 42, s. 24; 2012, c. 1, s. 68
Corrections and Conditional Release Act — C-44.6 94.1
Definitions 94.1 The definitions in this section apply in sections 94.2, 94.3 and 94.5 to 94.8. designated immigrant station means any area of a penitentiary designated under subsection 94.4(1). ( poste d’attente désigné ) detention enforcement officer means a person who is designated or authorized under section 6 of the Immigration and Refugee Protection Act . ( agent de détention ) immigration detainee means a person who is detained under the Immigration and Refugee Protection Act . ( détenu de l’immigration ) 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6
designated immigrant station means any area of a penitentiary designated under subsection 94.4(1). ( poste d’attente désigné )
Corrections and Conditional Release Act — C-44.6
detention enforcement officer means a person who is designated or authorized under section 6 of the Immigration and Refugee Protection Act . ( agent de détention )
Corrections and Conditional Release Act — C-44.6
immigration detainee means a person who is detained under the Immigration and Refugee Protection Act . ( détenu de l’immigration )
Corrections and Conditional Release Act — C-44.6 94.2
Support 94.2 (1) The Service may, in accordance with an arrangement entered into under section 94.3, provide support, including through the provision of services, to the Canada Border Services Agency (a) to assist the Agency in the exercise of the powers and the performance of the duties and functions that relate to the Immigration and Refugee Protection Act and are conferred on it under subsection 12(1) of the Canada Border Services Agency Act ; and (b) to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions that are conferred on them under the Immigration and Refugee Protection Act or that relate to that Act and are conferred on them under subsection 12(2) of the Canada Border Services Agency Act . Limitation (2) The support referred to in subsection (1) must not include (a) the placement of a staff member in immediate charge or control of an immigrant station , as defined in subsection 142(2) of the Immigration and Refugee Protection Act ; (b) subject to subsection 94.7(4), the search, escort, arrest or detention of an immigration detainee by a staff member; or (c) subject to subsection 94.7(5), the provision of health care to an immigration detainee by a registered health care professional employed or engaged by the Service. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 94.3
Arrangements 94.3 (1) The Commissioner may enter into an arrangement with the Canada Border Services Agency for the provision, by the Service, of support, including through the provision of services, to the Agency in order to assist it in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(a) and to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b). Approval of Minister (2) An arrangement is subject to the approval of the Minister. Mandatory terms (3) An arrangement must include terms that (a) specify the duration of the arrangement, the nature of the support to be provided and the name of a penitentiary of which an area may be the subject of a designation under subsection 94.4(1); and (b) set out a procedure — to which every immigration detainee is to have complete access without negative consequences — for fairly and expeditiously resolving immigration detainees’ complaints with respect to activities carried out under an authorization granted under subsection 94.7(4) or health care provided under subsection 94.7(5). Cost recovery (4) An arrangement may provide for the recovery of costs incurred by the Service with respect to the provision of support to the Canada Border Services Agency. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 94.4
Designation 94.4 (1) At the written request of the President of the Canada Border Services Agency, the Commissioner may, for the purpose of implementing an arrangement entered into under subsection 94.3(1), designate any area of a penitentiary named in the arrangement for the purpose of subsection 142(3) of the Immigration and Refugee Protection Act . Deeming (2) Except as otherwise provided in this Act or the regulations or in any other Act of Parliament or its regulations, an area designated under subsection (1) is deemed not to be a penitentiary. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 94.5
Prohibition — access to penitentiary 94.5 (1) A staff member or a detention enforcement officer must not permit an immigration detainee of a designated immigrant station adjacent to a penitentiary to have access to an area of the penitentiary unless (a) the institutional head authorizes the access to the area so that the Service may provide support under subsection 94.2(1); (b) the immigration detainee is escorted by a detention enforcement officer; and (c) no inmate is present in the area. Non-application of paragraph (1)(c) (2) Paragraph (1)(c) does not apply with respect to an immigration detainee of a designated immigrant station adjacent to a penitentiary during any period that begins when the institutional head declares under paragraph 94.7(1)(a) that exigent circumstances exist with respect to the designated immigrant station and ends when the institutional head is satisfied that those exigent circumstances no longer exist. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 94.6
Prohibition — access to immigrant station 94.6 (1) A staff member or detention enforcement officer must not permit an inmate of a penitentiary to have access to a designated immigrant station adjacent to the penitentiary. Non-application (2) Subsection (1) does not apply with respect to an inmate of a penitentiary during any period that begins when the institutional head declares under paragraph 94.7(1)(b) that exigent circumstances exist with respect to the penitentiary and ends when the institutional head is satisfied that those exigent circumstances no longer exist if (a) the institutional head authorizes the access to the immigrant station; and (b) the inmate is escorted by a staff member. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 94.8
Members of Parliament and judges 94.8 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to enter any designated immigrant station, visit any part of a designated immigrant station and visit any immigration detainee, with the consent of the immigration detainee, subject to such reasonable limits as are prescribed for protecting the security of the designated immigrant station or the safety of persons. 2024, c. 17, s. 388
Corrections and Conditional Release Act — C-44.6 95
Annual report 95 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after the 31st day of January next following the end of each fiscal year, a report showing the operations of the Service for that fiscal year.
Corrections and Conditional Release Act — C-44.6 96
 with; (z.10) imposing obligations or prohibitions on the Service for the purpose of giving effect to any provision of this Part; (z.11) prescribing anything that by this Part is to be prescribed; and (z.12) generally for carrying out the purposes and provisions of this Part. 1992, c. 20, s. 96; 1995, c. 42, ss. 25, 72(F); 2012, c. 1, s. 69; 2014, c. 36, s. 2(F) 2019, c. 27, s. 31
Corrections and Conditional Release Act — C-44.6 97
Rules 97 Subject to this Part and the regulations, the Commissioner may make rules (a) for the management of the Service; (b) for the matters described in section 4; and (c) generally for carrying out the purposes and provisions of this Part and the regulations.
Corrections and Conditional Release Act — C-44.6 98
Commissioner’s Directives 98 (1) The Commissioner may designate as Commissioner’s Directives any or all rules made under section 97. Accessibility (2) The Commissioner’s Directives shall be accessible to offenders, staff members and the public.
Corrections and Conditional Release Act — C-44.6 99
on of sentence (2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account (a) any period during which the offender could be entitled to statutory release; (b) in the case of a youth sentence imposed under the Youth Criminal Justice Act , the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or (c) any remission that stands to the credit of the offender on November 1, 1992. Exercise of powers, etc. (3) Except as otherwise provided by this Part or by the regulations, (a) powers, duties and functions assigned to the Commissioner by or pursuant to this Part may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and (b) powers, duties and functions assigned to the institutional head by or pursuant to this Part may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary. 1992, c. 20, s. 99; 1995, c. 22, s. 13, c. 42, ss. 26, 69(E), 70(E), 71(F); 1997, c. 17, s. 17; 2002, c. 1, s. 173; 2003, c. 22, s. 155; 2012, c. 1, ss. 70, 160, 197 2019, c. 27, s. 32
Corrections and Conditional Release Act — C-44.6
Board means the Parole Board of Canada continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable; ( Commission )
Corrections and Conditional Release Act — C-44.6
Commissioner has the same meaning as in Part I; ( commissaire )
Corrections and Conditional Release Act — C-44.6
community-based residential facility has the same meaning as in subsection 66(3); ( établissement résidentiel communautaire )
Corrections and Conditional Release Act — C-44.6
day parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; ( semi-liberté )
Corrections and Conditional Release Act — C-44.6
full parole means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence; ( libération conditionnelle totale )
Corrections and Conditional Release Act — C-44.6
Indigenous has the same meaning as in Part I; ( autochtone )
Corrections and Conditional Release Act — C-44.6
institutional head has the same meaning as in Part I; ( Version anglaise seulement )
Corrections and Conditional Release Act — C-44.6
long-term supervision has the same meaning as in Part I; ( surveillance de longue durée )
Corrections and Conditional Release Act — C-44.6
Minister has the same meaning as in Part I; ( ministre )
Corrections and Conditional Release Act — C-44.6 (a)
offender means (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act , who is under a sentence imposed before or after the coming into force of this section (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made, but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code ; ( délinquant )
Corrections and Conditional Release Act — C-44.6
parole means full parole or day parole; ( libération conditionnelle )
Corrections and Conditional Release Act — C-44.6
parole supervisor has the meaning assigned by the definition staff member in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender; ( surveillant de liberté conditionnelle )
Corrections and Conditional Release Act — C-44.6
penitentiary has the same meaning as in Part I; ( pénitencier )
Corrections and Conditional Release Act — C-44.6
provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; ( commission provinciale )
Corrections and Conditional Release Act — C-44.6
regulations means regulations made by the Governor in Council pursuant to section 156; ( règlement ou réglementaire )
Corrections and Conditional Release Act — C-44.6
sentence has the same meaning as in Part I; ( peine ou peine d’emprisonnement )
Corrections and Conditional Release Act — C-44.6
serious harm means severe physical injury or severe psychological damage; ( dommage grave )
Corrections and Conditional Release Act — C-44.6
Service has the same meaning as in Part I; ( Service )
Corrections and Conditional Release Act — C-44.6
statutory release means release from imprisonment subject to supervision before the expiration of an offender’s sentence, to which an offender is entitled under section 127; ( libération d’office )
Corrections and Conditional Release Act — C-44.6
statutory release date means the date determined in accordance with section 127; ( date de libération d’office )
Corrections and Conditional Release Act — C-44.6
unescorted temporary absence means an unescorted temporary absence from penitentiary authorized under section 116; ( permission de sortir sans escorte )
Corrections and Conditional Release Act — C-44.6
victim has the same meaning as in Part I; ( victime )
Corrections and Conditional Release Act — C-44.6
working day has the same meaning as in Part I. ( jour ouvrable )
Corrections and Conditional Release Act — C-44.6 99.1
Application to persons subject to long-term supervision order 99.1 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, and sections 100, 101, 109 to 111 and 140 to 145 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person. 1997, c. 17, s. 18
Corrections and Conditional Release Act — C-44.6 99.2
Young persons 99.2 In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act. 2002, c. 1, s. 174
Corrections and Conditional Release Act — C-44.6 100
Purpose of conditional release 100 The purpose of conditional release 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 best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.
Corrections and Conditional Release Act — C-44.6 100.1
Paramount consideration 100.1 The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases. 2012, c. 1, s. 71
Corrections and Conditional Release Act — C-44.6 101
Principles guiding parole boards 101 The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows: (a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities; (b) parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public; (c) parole boards make the least restrictive determinations that are consistent with the protection of society; (d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and (e) offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. 1992, c. 20, s. 101; 2012, c. 1, s. 71 2019, c. 27, s. 32.1