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Bill C-83

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-83
An Act to amend the Corrections and Conditional Release Act and another Act
FIRST READING, October 16, 2018
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90884


SUMMARY
This enactment amends the Corrections and Conditional Release Act to, among other things,
(a)eliminate the use of administrative segregation and disciplinary segregation;
(b)authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons;
(c)provide less invasive alternatives to physical body cavity searches;
(d)affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals;
(e)provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services;
(f)provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and
(g)improve victims’ access to audio recordings of parole hearings.
This enactment also amends the English version of a provision of the Criminal Records Act.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-83
An Act to amend the Corrections and Conditional Release Act and another Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 20

Corrections and Conditional Release Act

1Subsection 2(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order:
Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone)
2012, c. 1, s. 54
2Paragraph 4(g) of the Act is replaced by the following:
(g)correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, Indigenous persons, persons requiring mental health care and other groups;
3Section 15.1 of the Act is amended by adding the following after subsection (2):
Update of plan — structured intervention unit
(2.1)If an offender is in a structured intervention unit and a determination is made under paragraph 37.3(1)‍(a) or (c) or section 37.4 that the offender should remain in the unit, the institutional head shall, as soon as practicable after the determination, cause the offender’s correctional plan to be updated, in consultation with the offender, in order to ensure that they receive the most effective programs at the appropriate time during their confinement in the unit and to prepare them for reintegration into the mainstream inmate population.
2016, c. 3, s. 8
4(1)Subsection 19(1.1) of the Act is replaced by the following:
Exceptions
(1.1)Subsection (1) does not apply to
(a)a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or
(b)if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.
(2)Subsection 19(2) of the French version of the Act is replaced by the following:
Rapport à l’enquêteur correctionnel
(2)Le Service remet à l’enquêteur correctionnel, au sens de la partie III, une copie du rapport.
5The Act is amended by adding the following after section 19:
Quality of care review
19.1(1)If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.
Copy to Correctional Investigator
(2)The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).
2012, c. 1, s. 58
6Paragraph 28(c) of the French version of the Act is replaced by the following:
c)l’existence de programmes et de services qui lui conviennent et sa volonté d’y participer ou d’en bénéficier.
1995, c. 42, s. 11
7Section 29 of the Act is replaced by the following:
Transfers
29The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary
(a)within a penitentiary, from an area that has been assigned a security classification under section 29.1 to another area that has been assigned a security classification under that section, in accordance with the regulations made under paragraph 96(d), subject to section 28;
(b)into a structured intervention unit in the penitentiary or in another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28;
(c)to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28; or
(d)to a provincial correctional facility or hospital, in accordance with an agreement entered into under paragraph 16(1)‍(a) and any applicable regulations.
8The Act is amended by adding the following before section 30:
Commissioner to classify penitentiaries or areas
29.1The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.
9Subsections 30(1) and (2) of the French version of the Act are replaced by the following:
Attribution de cote aux détenus
30(1)Le Service attribue une cote de sécurité selon les catégories dites maximale, moyenne et minimale à chaque détenu conformément aux règlements d’application de l’alinéa 96z.‍6).
Motifs
(2)Le Service doit donner, par écrit, à chaque détenu les motifs à l’appui de l’attribution d’une cote de sécurité ou du changement de celle-ci.
1995, c. 42, s. 12; 2012, c. 1, ss. 60 and 61
10The heading before section 31 and sections 31 to 37 of the Act are replaced by the following:
Structured Intervention Units
Designation
31The Commissioner may designate a penitentiary or any area in a penitentiary to be a structured intervention unit.
Purpose
32The purpose of a structured intervention unit is to
(a)provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons; and
(b)provide the inmate with an opportunity for meaningful human contact and an opportunity to participate in programs and to have access to services that respond to the inmate’s specific needs and the risks posed by the inmate.
Duration
33An inmate’s confinement in a structured intervention unit is to end as soon as possible.
Transfer to unit
34The Commissioner may authorize the transfer of an inmate into a structured intervention unit under section 29 only if the Commissioner is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the Commissioner believes on reasonable grounds that
(a)the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the safety of any person or the security of a penitentiary and allowing the inmate to be in the mainstream inmate population would jeopardize the safety of any person or the security of the penitentiary;
(b)allowing the inmate to be in the mainstream inmate population would jeopardize the inmate’s safety; or
(c)allowing the inmate to be in the mainstream inmate population would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.
Inmate rights
35An inmate in a structured intervention unit has the same rights as other inmates, except for those that cannot be exercised due to limitations specific to the structured intervention unit or security requirements.
Obligations of Service
36(1)The Service shall provide an inmate in a structured intervention unit
(a)an opportunity to spend a minimum of four hours a day outside the inmate’s cell; and
(b)an opportunity to interact, for a minimum of two hours a day, with others, through activities including, but not limited to,
(i)programs, interventions and services that encourage the inmate to make progress towards the objectives of their correctional plan or that support the inmate’s reintegration into the mainstream inmate population, and
(ii)leisure time.
Time included
(2)Time spent interacting under paragraph (1)‍(b) outside an inmate’s cell counts as time spent outside the inmate’s cell under paragraph (1)‍(a).
Time not included
(3)If an inmate takes a shower outside their cell, the time spent doing so does not count as time spent outside the inmate’s cell under paragraph (1)‍(a).
Exceptions
37(1)Paragraph 36(1)‍(a) or (b), as the case may be, does not apply
(a)if the inmate refuses to avail themselves of the opportunity referred to in that paragraph;
(b)if the inmate, at the time the opportunity referred to in that paragraph is provided to them, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary; or
(c)in the prescribed circumstances, and those circumstances must be limited to what is reasonably required for security purposes.
Record
(2)The Service shall maintain a record of every instance that an inmate has refused to avail themselves of any opportunity referred to in paragraph 36(1)‍(a) or (b) or has not been given such an opportunity by reason of paragraph (1)‍(b) or (c).
Ongoing monitoring
37.1(1)The Service shall ensure that measures are taken to provide for the ongoing monitoring of the health of inmates in a structured intervention unit.
Daily visit
(2)The Service shall ensure that the measures include a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.
Recommendations to institutional head
37.2A registered health care professional employed or engaged by the Service may, for health reasons, recommend to the institutional head that the conditions of confinement of the inmate in a structured intervention unit be altered or that the inmate not remain in the unit.
Decision — institutional head
37.3(1)The institutional head shall determine, in the prescribed manner, whether an inmate should remain in a structured intervention unit
(a)within the period of five working days that begins on the first working day on which the inmate is confined in the unit;
(b)as soon as practicable after a registered health care professional recommends under section 37.2, for health reasons, that the inmate not remain in the unit;
(c)within the period that begins on the day on which the determination under paragraph (a) is made and that ends on the expiry of the period of 30 days that begins on the first day on which the inmate is confined in the unit;
(d)as soon as practicable, if the inmate has refused to avail themselves of the opportunity referred to in paragraph 36(1)‍(a) or (b), or the inmate has not been given such an opportunity by reason of paragraph 37(1)‍(b), for
(i)five consecutive days, or
(ii)a total of 15 days during any 30-day period; and
(e)as soon as practicable in any of the prescribed circumstances.
Grounds for decision
(2)The institutional head may determine that the inmate should remain in the unit only if the institutional head believes on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population
(a)would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or
(b)would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.
Factors
(3)In making the determination, the institutional head shall take into account
(a)the inmate’s correctional plan;
(b)the appropriateness of the inmate’s confinement in the penitentiary;
(c)the appropriateness of the inmate’s security classification; and
(d)any other consideration that he or she considers relevant.
Conditions of confinement
(4)As soon as practicable after the registered health care professional referred to in section 37.2 has recommended, for health reasons, that the conditions of confinement be altered, the institutional head shall determine whether the inmate’s conditions of confinement in the structured intervention unit should be altered.
Decision — Commissioner
37.4Thirty days after the institutional head’s determination under paragraph 37.3(1)‍(c) in respect of the inmate, the Commissioner shall determine, in the prescribed manner, whether the inmate should remain in a structured intervention unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 30 days after the Commissioner’s last determination under this section in respect of the inmate.
Review of inmate’s case
37.5If an inmate has been authorized to be transferred to a structured intervention unit the prescribed number of times or in the prescribed circumstances, the Service shall review the inmate’s case in the prescribed manner and within the prescribed period.
Restriction of movement and application of provisions before transfer
37.6(1)The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 33 and 35 to 37.4 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)‍(b) is to be provided only if the circumstances permit.
Obligation of the institutional head
(2)The institutional head shall, at least once every day, meet with the inmate.
Exception
(3)Subsection (1) does not apply if the transfer is to a structured intervention unit in the penitentiary where the inmate is confined at the time the authorization is given.
2012, c. 1, s. 63(2)
11Subsection 44(1) of the Act is amended by adding “and” after paragraph (d), by striking out “and” after paragraph (e) and by repealing paragraph (f).
12Section 46 of the Act is amended by adding the following in alphabetical order:
body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner.‍ (fouille par balayage corporel)
13Subsection 47(1) of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires
47(1)Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des détenus.
14Section 48 of the Act is replaced by the following:
Routine strip search of inmates
48A staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,
(a)in the prescribed circumstances in situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or
(b)when the inmate is entering or leaving a structured intervention unit.
15The Act is amended by adding the following after section 48:
Search by body scan
48.1A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes.
16Section 51 of the Act is replaced by the following:
Detention in dry cell
51(1)If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled.
Visits by registered health care professional
(2)The inmate must be visited at least once every day by a registered health care professional.
17Section 59 of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires
59Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des visiteurs.
18The Act is amended by adding the following after section 60:
Search by body scan
60.1A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes.
19Subsection 61(1) of the French version of the Act is replaced by the following:
Fouille ordinaire
61(1)Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis et selon les modalités réglementaires, procéder à la fouille ordinaire des véhicules qui se trouvent au pénitencier.
20Section 63 of the French version of the Act is replaced by the following:
Fouille discrète ou fouille par palpation ordinaires
63Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires d’autres agents.
21The Act is amended by adding the following after section 64:
Search by body scan
64.1A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes.
22Subsection 65(1) of the Act is replaced by the following:
Power to seize
65(1)A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.
1995, c. 42, s. 21(F); 1997, c. 17, s. 15; 2012, c. 1, s. 66
23The heading before section 79 and sections 79 and 80 of the Act are replaced by the following:
Indigenous Offenders
Definitions
79In sections 79.1 to 84.1,
correctional services means services or programs for offenders, including their care, custody and supervision.‍ (services correctionnels)
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍‍ (peuples autochtones du Canada)
Factors to be considered
79.1In making decisions under this Act affecting an Indigenous offender, the Service shall take the following into consideration:
(a)systemic and background factors affecting Indigenous peoples of Canada;
(b)systemic and background factors that have contributed to the overrepresentation of Indigenous persons in the criminal justice system and that may have contributed to the offender’s involvement in the criminal justice system; and
(c)the Indigenous culture and identity of the offender.
Programs
80Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders.
24(1)Subsection 81(1) of the Act is amended by replacing “aboriginal community” and “aboriginal offenders” with “Indigenous governing body or any Indigenous organization” and “Indigenous offenders”, respectively.
(2)Subsection 81(2) of the Act is amended by replacing “non-aboriginal offender” with “non-Indigenous offender”.
(3)Subsection 81(3) of the Act is amended by replacing “aboriginal community” with “appropriate Indigenous authority”.
1997, c. 17, s. 15; 2012, c. 1, s. 66
25Sections 82 to 84.1 of the Act are replaced by the following:
Advisory committees
82(1)The Service shall establish a national Indigenous advisory committee, and may establish regional and local Indigenous advisory committees, which shall provide advice to the Service on the provision of correctional services to Indigenous offenders.
Committees to consult
(2)For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with Indigenous communities, Indigenous governing bodies, Indigenous organizations and other appropriate persons with knowledge of Indigenous matters.
Spiritual leaders and elders
83(1)For greater certainty, Indigenous spirituality and Indigenous spiritual leaders and elders have the same status as other religions and other religious leaders.
Obligation
(2)The Service shall take all reasonable steps to make available to Indigenous inmates the services of an Indigenous spiritual leader or elder after consultation with
(a)the national Indigenous advisory committee established under section 82; and
(b)the appropriate regional and local Indigenous advisory committees.
Release into Indigenous community
84If an inmate expresses an interest in being released into an Indigenous community, the Service shall, with the inmate’s consent, give the community’s Indigenous governing body
(a)adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and
(b)an opportunity to propose a plan for the inmate’s release and integration into that community.
Plans – long-term supervision
84.1If an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an Indigenous community, the Service shall, with the offender’s consent, give the community’s Indigenous governing body
(a)adequate notice of the order; and
(b)an opportunity to propose a plan for the offender’s release on supervision, and integration, into that community.
26The definition health care in section 85 of the Act is replaced by the following:
health care means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals; (soins de santé)
27Paragraph 86(1)‍(b) of the Act is replaced by the following:
(b)reasonable access to non-essential health care.
28The Act is amended by adding the following after section 86:
Health care obligations
86.1When health care is provided to inmates, the Service shall
(a)support the professional autonomy and the clinical independence of registered health care professionals and their freedom to exercise, without undue influence, their professional judgment in the care and treatment of inmates;
(b)support those registered health care professionals in their promotion, in accordance with their respective professional code of ethics, of patient-centred care and patient advocacy; and
(c)promote decision-making that is based on the appropriate medical care, dental care and mental health care criteria.
Designation of health care unit
86.2The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.
Purpose
86.3The purpose of a health care unit is to provide an appropriate living environment to facilitate an inmate’s access to health care.
Admission and discharge
86.4The admission of inmates to and the discharge of inmates from health care units must be in accordance with regulations made under paragraph 96(g.‍1).
29Paragraph 87(a) of the Act is replaced by the following:
(a)in all decisions affecting the offender, including decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and
30The Act is amended by adding the following after section 89:
Patient advocacy services
89.1The 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 to understand the rights and responsibilities of inmates related to health care.
31(1)Paragraph 96(g) of the Act is replaced by the following:
(g)respecting the confinement of inmates in a structured intervention unit;
(2)Section 96 of the Act is amended by adding the following after paragraph (g):
(g.‍1)respecting the admission of inmates to and the discharge of inmates from health care units;
2012, c. 1, s. 69(6)
(3)Paragraph 96(z.‍6) of the French version of the Act is replaced by the following:
z.‍6)concernant l’attribution d’une cote de sécurité au détenu et le classement de celui-ci dans une sous-catégorie au titre de l’article 30 ainsi que les critères de détermination de la cote et de la sous-catégorie;
32(1)The definition provincial parole board in subsection 99(1) of the Act is replaced by the following:
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)
(2)Subsection 99(1) of the Act is amended by adding the following in alphabetical order:
Indigenous has the same meaning as in Part I; (autoch­tone)
1995, c. 42, s. 32(F)
33Paragraph 116(1)‍(b) of the English version of Act is replaced by the following:
(b)it is desirable for the offender to be absent from the penitentiary for medical, administrative, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
2015, c. 13, s. 49(3)
34Subsection 140(13) of the Act is replaced by the following:
Audio recording
(13)Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)‍(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers
(a)could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or
(b)should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweighs the interest of the victim or person referred to in that subsection.
1995, ch. 42, s. 58(F)
35Subsection 151(3) of the Act is replaced by the following:
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.
36Section 220 of the Act is repealed.
R.‍S.‍, c. C-47

Criminal Records Act

1992, c. 22, s. 6
37Paragraph 6.1(1)‍(b) of the English version of the Criminal Records Act is replaced by the following:
(b)more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.

Transitional Provisions

Words and expressions
38Unless the context otherwise requires, words and expressions used in sections 39 and 40 have the same meaning as in subsection 2(1) or 99(1) of the Corrections and Conditional Release Act.
Inmate is in administrative segregation
39If an inmate is in administrative segregation immediately before the coming into force of section 10, on the day on which that section comes into force that inmate is deemed to have been authorized to be transferred to a structured intervention unit under an authorization given under paragraph 29(b) of the Corrections and Conditional Release Act, as enacted by section 7.
Sanction under paragraph 44(1)‍(f)
40An inmate who is subject to a disciplinary sanction referred to in paragraph 44(1)‍(f) of the Corrections and Conditional Release Act immediately before the coming into force of section 11 ceases to be subject to that sanction on the day on which that section comes into force.

Coming into Force

Order in Council
41(1)Sections 3, 7, 10, 11, 14 and 29 and subsection 31(1) come into force on a day to be fixed by order of the Governor in Council.
Order in Council
(2)Sections 12, 15, 16, 18, 21 and 22 come into force on a day to be fixed by order of the Governor in Council.
Order in Council
(3)Sections 28 and 30 and subsection 31(2) come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons



explanatory notes

Corrections and Conditional Release Act
Clause 1:New.
Clause 2:Relevant portion of section 4:
4The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:
.‍.‍.
(g)correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;
Clause 3:New.
Clause 4: (1)Existing text of subsection 19(1.1):
(1.1)Subsection (1) does not apply to a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act.
(2)Existing text of subsection 19(2):
(2)The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).
Clause 5:New.
Clause 6:Relevant portion of section 28:
28If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions, taking into account
.‍.‍.
(c)the availability of appropriate programs and services and the person’s willingness to participate in those programs.
Clause 7:Existing text of section 29:
29The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary to
(a)another penitentiary in accordance with the regulations made under paragraph 96(d), subject to section 28; or
(b)a provincial correctional facility or hospital in accordance with an agreement entered into under paragraph 16(1)‍(a) and any applicable regulations.
Clause 8:New.
Clause 9:Existing text of subsections 30(1) and (2):
30(1)The Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.‍6).
(2)The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.
Clause 10:Existing text of the heading and sections 31 to 37:
Administrative Segregation
31(1)The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.
(2)The inmate is to be released from administrative segregation at the earliest appropriate time.
(3)The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that
(a)the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;
(b)allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or
(c)allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.
32All recommendations to the institutional head referred to in paragraph 33(1)‍(c) and all decisions by the institutional head to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.
33(1)Where an inmate is involuntarily confined in administrative segregation, a person or persons designated by the institutional head shall
(a)conduct, at the prescribed time and in the prescribed manner, a hearing to review the inmate’s case;
(b)conduct, at prescribed times and in the prescribed manner, further regular hearings to review the inmate’s case; and
(c)recommend to the institutional head, after the hearing mentioned in paragraph (a) and after each hearing mentioned in paragraph (b), whether or not the inmate should be released from administrative segregation.
(2)A hearing mentioned in paragraph (1)‍(a) shall be conducted with the inmate present unless
(a)the inmate is voluntarily absent;
(b)the person or persons conducting the hearing believe on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or
(c)the inmate seriously disrupts the hearing.
34Where the institutional head does not intend to accept a recommendation made under section 33 to release an inmate from administrative segregation, the institutional head shall, as soon as is practicable, meet with the inmate
(a)to explain the reasons for not intending to accept the recommendation; and
(b)to give the inmate an opportunity to make oral or written representations.
35Where an inmate requests to be placed in, or continue in, administrative segregation and the institutional head does not intend to grant the request, the institutional head shall, as soon as is practicable, meet with the inmate
(a)to explain the reasons for not intending to grant the request; and
(b)to give the inmate an opportunity to make oral or written representations.
36(1)An inmate in administrative segregation shall be visited at least once every day by a registered health care professional.
(2)The institutional head shall visit the administrative segregation area at least once every day and meet with individual inmates on request.
37An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that
(a)can only be enjoyed in association with other inmates; or
(b)cannot be enjoyed due to
(i)limitations specific to the administrative segregation area, or
(ii)security requirements.
Clause 11:Relevant portion of subsection 44(1):
44(1)An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:
.‍.‍.
(f)in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.
Clause 12:New.
Clause 13:Existing text of subsection 47(1):
47(1)A staff member may conduct routine non-intrusive searches or routine frisk searches of inmates, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Clause 14:Existing text of section 48:
48A staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,
(a)in the prescribed circumstances, which circumstances must be limited to situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or
(b)when the inmate is entering or leaving a segregation area.
Clause 15:New.
Clause 16:Existing text of section 51:
51Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing one or both of the following:
(a)the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained; and
(b)the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary’s medical staff, on the expectation that the contraband will be expelled.
Clause 17:Existing text of section 59:
59A staff member may conduct routine non-intrusive searches or routine frisk searches of visitors, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Clause 18:New.
Clause 19:Existing text of subsection 61(1):
61(1)A staff member may, in the prescribed manner, conduct routine searches of vehicles at a penitentiary, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Clause 20:Existing text of section 63:
63A staff member may conduct routine non-intrusive searches or routine frisk searches of other staff members, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Clause 21:New.
Clause 22:Existing text of subsection 65(1):
65(1)Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).
Clause 23:Existing text of the heading and sections 79 and 80:
Aboriginal Offenders
79In sections 80 to 84,
aboriginal means Indian, Inuit or Métis; (autochtone)
aboriginal community means a first nation, tribal council, band, community, organization or other group with a predominantly aboriginal leadership; (collectivité autochtone)
correctional services means services or programs for offenders, including their care and custody. (services correctionnels)
80Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of aboriginal offenders.
Clause 25:Existing text of sections 82 to 84.1:
82(1)The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.
(2)For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.
83(1)For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders.
(2)The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with
(a)the National Aboriginal Advisory Committee mentioned in section 82; and
(b)the appropriate regional and local aboriginal advisory committees, if such committees have been established pursuant to that section.
84If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community
(a)adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and
(b)an opportunity to propose a plan for the inmate’s release and integration into that community.
84.1Where an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community
(a)adequate notice of the order; and
(b)an opportunity to propose a plan for the offender’s release on supervision, and integration, into the aboriginal community.
Clause 26:Existing text of the definition:
health care means medical care, dental care and mental health care, provided by registered health care professionals; (soins de santé)
Clause 27:Relevant portion of subsection 86(1):
86(1)The Service shall provide every inmate with
.‍.‍.
(b)reasonable access to non-essential mental health care that will contribute to the inmate’s rehabilitation and successful reintegration into the community.
Clause 28:New.
Clause 29:Relevant portion of section 87:
87The Service shall take into consideration an offender’s state of health and health care needs
(a)in all decisions affecting the offender, including decisions relating to placement, transfer, administrative segregation and disciplinary matters; and
Clause 30:New.
Clause 31: (1) to (3)Relevant portion of section 96:
96The Governor in Council may make regulations
.‍.‍.
(g)respecting the administrative segregation of inmates;
.‍.‍.
(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;
Clause 32: (1)Existing text of the definition:
provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles, the Board of Parole for the Province of British Columbia or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)
(2)New.
Clause 33:Relevant portion of subsection 116(1):
116(1)The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)‍(e) where, in the opinion of the Board,
.‍.‍.
(b)it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;
Clause 34:Existing text of subsection 140(13):
(13)Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)‍(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.
Clause 35:Existing text of subsection 151(3):
(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 aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.
Clause 36:Existing text of section 220:
220All matters relating to administrative segregation and disciplinary offences shall, on the coming into force of section 214, be dealt with in accordance with Part I of this Act.
Criminal Records Act
Clause 37:Relevant portion of subsection 6.1(1):
6.1(1)No record of a discharge under section 730 of the Criminal Code that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be disclosed to any person, nor shall the existence of the record or the fact of the discharge be disclosed to any person, without the prior approval of the Minister, if
.‍.‍.
(b)more than three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

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