PART IInstitutional and Community Corrections (continued)
Health Care (continued)
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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.
Marginal note: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.
Grievance or Complaint Procedure
Marginal note: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).
Marginal note: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)
Marginal note: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.
Marginal note: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
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
Release of Inmates
92 An inmate may be released from a penitentiary or from any other place designated by the Commissioner.
Marginal note: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.
Marginal note: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.
Marginal note: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]
Marginal note: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)
Temporary Accommodation in Penitentiary
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note: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.
96 The Governor in Council may make regulations
(a) prescribing the duties of staff members;
(b) for authorizing staff members or classes of staff members to exercise powers, perform duties or carry out functions that this Part assigns to the Commissioner or the institutional head;
(c) respecting, for the purposes of section 22,
(i) the circumstances in which compensation may be paid,
(ii) what constitutes a disability,
(iii) the manner of determining whether a person has a disability, and the extent of the disability,
(iv) what constitutes an approved program,
(v) to whom compensation may be paid, and
(vi) the compensation that may be paid, the time or times at which the compensation is to be paid, the terms and conditions in accordance with which the compensation is to be paid, and the manner of its payment;
(d) respecting the placement of inmates pursuant to section 28 and their transfer pursuant to section 29;
(e) providing for the matters referred to in section 70;
(f) respecting allowances, clothing and other necessities to be given to inmates when leaving penitentiary either temporarily or permanently;
(g) respecting the confinement of inmates in a structured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(g.1) respecting the powers, duties and functions of independent external decisionmakers, including respecting the making of a determination as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(g.2) respecting the admission of inmates to and the discharge of inmates from health care units;
(h) prescribing the contents of the notice to be given to an inmate under section 42, and the time when the notice is to be given to the inmate;
(i) in connection with the disciplinary sanctions described in section 44,
(i) prescribing the maximum of each of those sanctions, which maxima shall be higher for serious disciplinary offences than for minor ones,
(ii) prescribing factors and guidelines to be considered or applied in imposing those sanctions,
(iii) prescribing the scope of each of those sanctions, and
(iv) respecting the enforcement, suspension and cancellation of those sanctions;
(j) providing for a review of the decisions of the person or persons conducting a disciplinary hearing;
(k) providing for
(i) the appointment of persons other than staff members to conduct disciplinary hearings or to review decisions pursuant to regulations made under paragraph (j), and
(ii) the remuneration and travel and living expenses of persons referred to in subparagraph (i);
(l) prescribing the manner in which a search referred to in
(i) paragraph (b) of the definition “frisk search” in section 46,
(ii) paragraph (b) of the definition “non-intrusive search” in section 46, or
(iii) paragraph (b) of the definition “strip search” in section 46
shall be carried out;
(m) prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;
(m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;
(n) prescribing the effect that a visitor’s refusal to undergo a search can have on the visitor’s right to visit an inmate or remain at the penitentiary;
(i) the submission of reports referred to in section 67, and
(ii) the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;
(p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;
(q) providing for inmates’ moneys to be held in trust accounts;
(r) respecting inmates’ work and working conditions;
(s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;
(t) respecting the conducting of businesses by inmates;
(u) prescribing an offender grievance procedure;
(v) for the organization, training, discipline, efficiency, administration and good management of the Service;
(w) providing for inmates’ access to
(i) legal counsel and legal reading materials,
(ii) non-legal reading materials, and
(iii) a commissioner for taking oaths and affidavits;
(x) respecting inmates’ attendance at judicial proceedings;
(y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;
(z) prescribing the procedure governing the disposal of the effects of an escaped inmate;
(z.1) for the delivery of the estate of a deceased inmate to the inmate’s personal representative in accordance with the applicable provincial law;
(z.1.1) prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);
(z.2) prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner’s Directive;
(z.2.1) providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner’s Directive, and respecting the circumstances under which payment of that amount is not required;
(z.3) providing for remuneration and travel and living expenses of members of committees established pursuant to subsection 82(1);
(z.4) for the involvement of members of the community in the operation of the Service;
(z.5) prescribing procedures to be followed after the use of force by a staff member;
(z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;
(z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;
(z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;
(z.9) respecting the manner and form of making requests to the Commissioner under section 26 and respecting how those requests are to be dealt 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
- Date modified: