Bill C-503

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First Reading

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Annual report	95.16 The Board shall, within three months after the end of each fiscal year, submit to the Minister an annual report on the operations of the Service for that year, and the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.
	10. Paragraph 96(b) of the Act is replaced by the following:
Delegation	(b) for authorizing any full-time member of the Board or the Commissioner, the institutional head, or staff members or classes of staff members of the Service to exercise powers, perform duties or carry out functions that this Part assigns to the Board, Commissioner or institutional head;
	11. Sections 97 and 98 of the Act are repealed.
	12. Section 99 is amended by adding the following after subsection (3):
Board of Management may make rules	(4) Except as otherwise provided by this Part or by the regulations, the Board of Management of the Correctional Service of Canada, referred to in Part I, may make rules for authorizing any full-time member of that Board or staff members or classes of staff members of the Service to exercise or perform any power, duty or function that this Part assigns to that Board, the Commissioner or the institutional head.
	13. Section 140 is amended by adding the following after subsection (9):
Notification of victim	(10) Where the Board conducts a review of the case of an offender by way of a hearing under subsection (1), (2) or (3), the Board shall notify, in a timely manner, a victim of the date, time and location of the hearing and the victim is entitled to be present at the beginning of the hearing for the purpose of providing the Board with a victim impact statement, which statement may be an oral statement made to the Board or be in the form of a written statement or an audio tape or video tape recording.
Content of statement	(11) The statement referred to in subsection (10) shall include information relating to the impact of the harm or emotional or physical damage on the victim since the conviction of the offender and any concerns that the victim may have concerning the conditions of any release.
	14. Section 142 is replaced by the following:
Disclosure of information to victims	142. (1) At the request of a victim of an offence committed by an offender, the Chairperson
	(a) shall disclose to the victim the following information about the offender:
	(i) the offender's name and age,
	(ii) the offence of which the offender was convicted and the court that convicted the offender,
	(iii) the date of commencement and length of the sentence that the offender is serving, and
	(iv) the eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
	(b) may disclose to the victim any of the following information about the offender, where in the Chairperson's opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure, namely,
	(i) the location of the penitentiary in which the sentence is being served,
	(ii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
	(iii) the date of any hearing for the purposes of a review under section 130,
	(iv) any of the conditions attached to the offender's unescorted temporary absence, parole or statutory release,
	(v) the destination of the offender on any unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,
	(vi) whether the offender is in custody and, if not, the reason why the offender is not in custody,
	(vii) whether or not the offender has appealed a decision of the Board under section 147, and the outcome of that appeal, and
	(viii) participation of the offender in a rehabilitative program, the institutional conduct of the offender and any new offence committed by an offender while on conditional release for which the offender has been reincarcerated.
Transfer to another penitentiary	(2) Where a victim has requested and been provided with the information referred to in subparagraph (1)(b)(i), the Chairperson shall disclose to the victim in a timely manner, in advance if possible, the planned, anticipated or scheduled transfer of the offender to another penitentiary.
Transfer to a provincial correctional facility	(3) Where an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson may, at the request of a victim of an offence committed by the offender, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Chairperson's opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person's privacy that could result from the disclosure.
Disclosure of information under subsections (1) and (3) to other persons	(4) Subsections (1) and (3) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson
	(a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
	(b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
Regulations	(5) The manner and form of making requests to the Chairperson under subsections (1) and (3), and how those requests are to be dealt with, may be provided for by regulation.
Designation by Chairperson	(6) In this section, ``Chairperson'' includes a person or class of persons designated, by name or by position, by the Chairperson.
	15. The Act is amended by adding the following Part after Part III:
	PART III.1
	VICTIMS OMBUDSMAN
	Interpretation
Definitions	198.1. In this Part,
``Board'' « Conseil »	``Board'' has the same meaning as in Part II;
``Minister'' « ministre »	``Minister'' has the same meaning as in Part I;
``offender'' « délinquant »	``offender'' has the same meaning as in Part II;
``Service'' « Service »	``Service'' has the same meaning as in Part I;
``Victims Ombudsman'' « ombudsman des victimes »	``Victims Ombudsman'' means the Victims Ombudsman of Canada appointed pursuant to subsection 198.3(1);
	Victims Ombudsman
Establish- ment of Office of Victims Ombudsman	198.2. There is hereby established the Office of Victims Ombudsman of Canada.
Appointment	198.3. (1) The Governor in Council may appoint a person to be known as the Victims Ombudsman of Canada.
Tenure of office and removal	(2) The Victims Ombudsman 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	(3) The Victims Ombudsman, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Eligibility for appointment	(4) A person is eligible to be appointed as Victims Ombudsman or to continue in that office only if that person is a Canadian citizen ordinarily resident in Canada or a permanent resident as defined in subsection 2(1) of the Immigration Act.
Qualifica- tions of Victims Ombudsman	(5) The Victims Ombudsman shall be a person who, in the opinion of the Governor in Council, has the experience and the capacity required for discharging the functions of that office.
Absence, incapacity or vacancy	198.4. In the event of the absence or incapacity of the Victims Ombudsman, or a vacancy in that office, the Governor in Council may appoint another qualified person to hold office instead of the Victims Ombudsman 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 Victims Ombudsman under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Devotion to duties	198.5. The Victims Ombudsman shall engage exclusively in the function and duties of the office of the Victims Ombudsman 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.
Salary and expenses	198.6. (1) The Victims Ombudsman shall be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council, including entitlement to be paid reasonable travel and living expenses incurred in the course of performing the duties and functions of the Victims Ombudsman while absent from the ordinary place of work of the Victims Ombudsman.
Pension benefits	(2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Victims Ombudsman, except that a person appointed as Victims Ombudsman 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 Victims Ombudsman from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
Other benefits	(3) The Victims Ombudsman is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
	Management
Management	198.7. The Victims Ombudsman has the control and management of all matters connected with the office of the Victims Ombudsman.
	Staff
Staff of the Victims Ombudsman	198.8. (1) Such officers and employees as are necessary to enable the Victims Ombudsman to perform the function and duties of the Victims Ombudsman under this Part shall be appointed in accordance with the Public Service Employment Act.
Technical assistance	(2) The Victims Ombudsman may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Victims Ombudsman to advise and assist the Victims Ombudsman in the performance of the duties and functions of the Victims Ombudsman under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
	Function
Function	198.9. It is the function of the Victims Ombudsman to conduct investigations, reviews of Service or Board policies and studies into the problems of victims related to decisions, recommendations, policies, acts or omissions of the Service or the Board, or any person under the control and management of or performing services for or on behalf of the Service or the Board, that affect victims either individually or as a group.
Information program	198.10. The Victims Ombudsman shall maintain a program of communicating information to victims concerning
	(a) the function of the Victims Ombudsman;
	(b) the circumstances under which an investigation, a review of Service or Board policies or a study may be commenced by the Victims Ombudsman; and
	(c) the independence of the Victims Ombudsman.
	Investigation, review or study
Commenceme nt	198.11. (1) The Victims Ombudsman may commence an investigation, a review of Service or Board policies or a study
	(a) on the receipt of a complaint by or on behalf of a victim;
	(b) at the request of the Minister; or
	(c) on the initiative of the Victims Ombudsman.
Discretion	(2) The Victims Ombudsman has full discretion as to
	(a) whether an investigation, a review of Service or Board policies or a study should be conducted in relation to any particular complaint or request;
	(b) how every investigation, review of Service or Board policies or study is to be carried out; and
	(c) whether an investigation, a review of Service or Board policies or a study should be terminated before its completion.
Application to Federal Court	(3) Where any question arises as to whether the Victims Ombudsman has jurisdiction to conduct an investigation, a review of Service or Board policies or a study of any particular problem, the Victims Ombudsman may apply to the Federal Court for a declaratory order determining the question.
Right to require information and documents	198.12. (1) In the course of conducting an investigation, a review of Service or Board policies or a study, the Victims Ombudsman may require any person
	(a) to furnish any information that, in the opinion of the Victims Ombudsman, the person may be able to furnish in relation to the matter being investigated, reviewed or studied; and
	(b) subject to subsection (2), to produce, for examination by the Victims Ombudsman, any document, paper or thing that, in the opinion of the Victims Ombudsman, relates to the matter being investigated, reviewed or studied and that may be in the possession or under the control of that person.
Return of documents, etc.	(2) The Victims Ombudsman 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 for its return is made to the Victims Ombudsman, but nothing in this subsection precludes the Victims Ombudsman from again requiring its production in accordance with paragraph (1)(b).
Right to make copies	(3) The Victims Ombudsman may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).
Right to enter	198.13. For the purposes of this Part, the Victims Ombudsman may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Service or the Board and inspect the premises and carry out therein any investigation or inspection.