This enactment amends the Corrections and Conditional Release Act to, among other things,

This enactment also amends the English version of a provision of the Criminal Records Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone)

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  (c) the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders;

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• (g) correctional policies, programs and practices respect gender, ethnic, cultural, Insertion start religious Insertion end and linguistic differences, Insertion start sexual orientation and gender identity and expression Insertion end , and are responsive to the special needs of women, Indigenous persons, Insertion start visible minorities Insertion end , persons requiring mental health care and other groups;

Update of plan — structured intervention unit

(2.‍1) If an offender is in a structured intervention unit and a determination is made under Insertion start subsection 29.‍01(2) Insertion end , paragraph 37.‍3(1) Insertion start (b) Insertion end or section 37.‍4 that the offender should remain in the Insertion start structured intervention Insertion end 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 Insertion start structured intervention Insertion end unit and to prepare them for reintegration into the mainstream inmate population Insertion start as soon as possible Insertion end .

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.

Rapport à l’enquêteur correctionnel

(2) Le Service remet à l’enquêteur correctionnel, au sens de la partie III, une copie du rapport.

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).

Criteria for selection of penitentiary

28 If 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 the least restrictive environment for that person, taking into account

• c) l’existence de programmes et de services qui lui conviennent et sa volonté d’y participer ou d’en bénéficier.

Transfers

29 The 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) to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28; or

• (c) to a provincial correctional facility or hospital, in accordance with an agreement entered into under paragraph 16(1)‍(a) and any applicable regulations.

Commissioner to classify penitentiaries or areas

29.‍1 The 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.

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.

Structured Intervention Units

Designation

31 The Commissioner may designate a penitentiary or any area in a penitentiary to be a structured intervention unit.

Purpose

32  Insertion start (1) Insertion end  The 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.

Physical barriers

(2) For the purposes of paragraph (1)‍(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.

Record

(3) The Service shall maintain a record of every instance of an interaction referred to in paragraph (1)‍(b) that is mediated or interposed by such physical barriers.

Duration

33 An inmate’s confinement in a structured intervention unit is to end as soon as possible.

Transfer to unit

34  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start A staff member Insertion end may authorize the transfer of an inmate into a structured intervention unit under Insertion start subsection 29.‍01(1) Insertion end only if the Insertion start staff member Insertion end is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the Insertion start staff member Insertion end 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.

Record of transfers

(2) The Service shall maintain a record of every instance in which an inmate is transferred into a structured intervention unit indicating the reasons for the transfer and any alternative considered in the making of the decision.

Reasons

(3) No later than one working day after the transfer, the Service shall provide the inmate, in writing, with the reasons for the decision.

Inmate rights

35 An 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, Insertion start every day, between the hours of 7:00 a.‍m. and 10:00 p.‍m. Insertion end , provide an inmate in a structured intervention unit

• (a) an opportunity to spend a minimum of four hours outside the inmate’s cell; and

• (b) an opportunity to interact, for a minimum of two hours, 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, Insertion start which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code Insertion end , 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 Insertion start been offered an Insertion end opportunity referred to in paragraph 36(1)‍(a) or (b) Insertion start that the inmate Insertion end refused, Insertion start indicating the specific opportunity and any reason given for the refusal Insertion end , 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.

Mental health assessment

37.‍11 A staff member or a person engaged by the Service may recommend to a registered health care professional employed or engaged by the Service that the professional assess the mental health of an inmate, if the inmate

• (a) refuses to interact with others for a prescribed per­iod;

• (b) exhibits a tendency to self-harm;

• (c) is showing signs of an adverse drug reaction; or

• (d) is showing signs of emotional distress or exhibiting behaviour that suggests that the inmate is in urgent need of mental health care.

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Recommendations to institutional head

37.‍2 A 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 Insertion start accordance with regulations made under paragraph 96(g) Insertion end , whether an inmate should remain in a structured intervention unit

• (a) 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;

• (b) within the period that begins on the day on which the determination under Insertion start subsection 29.‍01(2) Insertion end 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;

• (c) 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

• (d) as soon as practicable in any of the prescribed circumstances.

Visit to the inmate

(1.‍1) Before making the determination, the institutional head shall visit the inmate.

Record

(1.‍2) The institutional head shall maintain a record indicating the circumstances surrounding every instance in which, because of security requirements, a visit was not face to face or took place through a door hatch.

Conditions of confinement

(2) 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.

Reasons

(3) No later than one working day after the visit, the institutional head shall provide the inmate, in writing, with the reasons for the decision.

Review by registered health care professional

37.‍31 (1) If the institutional head determines under paragraph 37.‍3(1)‍(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.‍3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall, as soon as practicable, review the inmate’s case and may, for health reasons, recommend to the committee established under subsection (3) that the inmate’s conditions of confinement in the unit be altered or that the inmate not remain in the unit.

Qualifications

(2) The registered health care professional conducting the review must be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.

Committee

(3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of reviewing recommendations made under subsection (1) and making determinations under section 37.‍32.

Decision of committee — recommendation to alter conditions

37.‍32 (1) As soon as practicable after a registered health care professional recommends under subsection 37.‍31(1), for health reasons, that an inmate’s conditions of confinement in a structured intervention unit be altered, the committee established under subsection 37.‍31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.

Decision of committee — recommendation that inmate not remain in unit

(2) As soon as practicable after a registered health care professional recommends under subsection 37.‍31(1), for health reasons, that an inmate should not remain in a structured intervention unit, the committee established under subsection 37.‍31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit.

Decision — Commissioner

37.‍4 Thirty days after the institutional head’s determination under paragraph 37.‍3(1) Insertion start (b) that an Insertion end inmate Insertion start should remain Insertion end in a structured intervention Insertion start unit Insertion end , the Commissioner shall, in Insertion start accordance with regulations made under paragraph 96(g) Insertion end , determine whether the inmate should remain in Insertion start the Insertion end 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 Insertion start that Insertion end the inmate Insertion start should remain in the unit Insertion end .

Grounds

Insertion start 37.‍41 Insertion end Insertion start   Insertion end Insertion start (1) Insertion end  The institutional head, Insertion start the Commissioner or the committee established under subsection 37.‍31(3) Insertion end may determine that Insertion start an Insertion end inmate should remain in Insertion start a structured intervention Insertion end unit only if Insertion start they believe Insertion end 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

Insertion start (2) Insertion end  In making the determination, the institutional head, Insertion start the Commissioner or the committee, as the case may be Insertion end , 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.

Review of inmate’s case

37.‍5 If 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.

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)

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.

Routine strip search of inmates

48 A 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.

Search by body scan

48.‍1 A 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.

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.

Fouille discrète ou fouille par palpation ordinaires

59 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 visiteurs.

Search by body scan

60.‍1 A 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.

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.

Fouille discrète ou fouille par palpation ordinaires

63 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 d’autres agents.

Search by body scan

64.‍1 A 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.

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.

Indigenous Offenders

Definitions

79 In 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 organization means an organization with predominately Indigenous leadership. (organisme 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

79.‍1  Insertion start (1) Insertion end  In 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.

Exception — risk assessment

(2) The factors described in paragraphs (1)‍(a) to (c) are not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous inmate.

Programs

80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders.

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.

Advice

(1.‍1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spirit­ual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.

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

84 If 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

84.‍1 If 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.

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)

•  

  (b) reasonable access to non-essential health care.

Health care obligations

86.‍1 When 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

86.‍2 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.

Purpose

86.‍3 The 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

86.‍4 The 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).

•  

  (a) in all decisions affecting the offender, including decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and

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 Insertion start or an individual identified by the inmate as a support person Insertion end to understand the rights and responsibilities of inmates related to health care.

• (g) respecting the confinement of inmates in a structured intervention unit, Insertion start 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 Insertion end ;

• (g.‍1) respecting the admission of inmates to and the discharge of inmates from health care units;

• l) précisant la manière d’effectuer les inspections lors d’une fouille à nu, d’une fouille discrète ou d’une fouille par palpation, au sens de l’article 46;

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• 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;

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)

Indigenous has the same meaning as in Part I; (autoch­tone)

• (c) parole boards make the least restrictive determin­ations that are consistent with the protection of society;

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• (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;

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.

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.

• (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.