Bill C-458
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-458 |
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An Act to amend the Corrections and
Conditional Release Act to establish a
Board of Management to oversee
operations of the Correctional Service of
Canada
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1992, c. 20
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CORRECTIONS AND CONDITIONAL RELEASE ACT |
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1. (1) The definition ``Commissioner'' in
subsection 2(1) of the Corrections and
Conditional Release Act is replaced by the
following:
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``Commission
er'' « commissaire »
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``Commissioner'' means the Commissioner of
Corrections appointed pursuant to
subsection 95.6(1);
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``Board'' « conseil »
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``Board'' means the Board of Management of
the Correctional Service of Canada
established by section 6;
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``Chairperson'
' « président »
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``Chairperson'' means the Chairperson of the
Board appointed pursuant to subsection
95.9(1);
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``director'' « administra- teur »
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``director'' means a director of the Board
appointed pursuant to subsection 95.7(1) or
the Chairperson or Commissioner;
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(3) Section 2 of the Act is amended by
adding the following after subsection (2):
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Board may
make rules
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(3) Except as otherwise provided by this
Part or by regulations made under paragraph
96(b), the Board may make rules for
authorizing any full-time member of the
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 the Board, the Commissioner or the
institutional head.
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2. Section 6 of the Act is replaced by the
following:
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Board of
Management
of the
Correctional
Service of
Canada
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6. There is hereby established, under the
direction of the Minister and in accordance
with the provisions of sections 95 to 95.97, a
board to be known as the Board of
Management of the Correctional Service of
Canada.
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3. Section 95 of the Act and the heading
before it are replaced by the following:
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Board of Management |
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Mandate and Authority of the Board
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Mandate and
authority
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95. (1) The Board has the control and
management of the Service and all matters
connected with the Service.
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National
headquarters
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(2) The national headquarters of the Service
and the offices of the Board and
Commissioner shall be in the National Capital
Region described in the schedule to the
National Capital Act.
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Regional
headquarters
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(3) The Board may establish regional
headquarters of the Service.
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Directions to
the Board
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95.1 The Minister may issue a written
direction to the Service, addressed to the
Chairperson, on any matter within the
authority or responsibility of the Board that, in
the Minister's opinion, affects public policy or
could materially affect public finances.
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Statutory
instruments
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95.2 A direction issued under section 95.1
is not a statutory instrument for the purposes
of the Statutory Instruments Act.
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Compliance
with
directions
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95.3 Every person who is directed by the
Minister under section 95.1 shall comply with
the direction.
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Minister's
power of
inquiry
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95.4 The Minister may inquire into any
activity of the Service and has access to any
information under the Service's control.
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Structure of the Board |
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Board of Management
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Constitution
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95.5 The Board shall consist of seven
directors, including the Chairperson, the
Commissioner and two persons who represent
the interests of victims.
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Commissioner
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Appointment
and tenure of
Commissioner
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95.6 (1) The Governor in Council may
appoint a person to be known as the
Commissioner of Corrections to hold office
during pleasure for a term of not more than
five years, which term may be renewed for one
or more further terms of not more than five
years each.
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Eligibility for
appointment
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(2) A person is eligible to be appointed as
Commissioner 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.
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Role and
responsibilitie
s of
Commissioner
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(3) The Commissioner, under the direction
of the Board, is the chief administrative
officer of the Service and is responsible for the
day-to-day management of the Service and for
carrying out the orders of the Board.
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Authoriza- tion by Commissioner
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(4) Except as otherwise provided by
subsection (3) or by regulations made under
paragraph 96(b), the Commissioner may
authorize any person, subject to any terms and
conditions that the Commissioner may
specify, to exercise or perform on behalf of the
Commissioner any power, duty or function of
the Commissioner under this Act.
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Commissioner
to keep Board
informed
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(5) The Commissioner shall keep the Board
informed of any matter that could affect public
policy or that could materially affect public
finances, and any other matter that the Board
considers necessary.
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Commissioner
to comply
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(6) For greater certainty, the Commissioner
shall comply with orders of the Board.
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Absence,
incapacity or
vacancy
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(7) In the event of the absence or incapacity
of the Commissioner or a vacancy in that
office, the Minister may appoint an employee
of the Service to exercise the powers and
perform the duties and functions of the
Commissioner, but no employee may be so
appointed for a term of more than sixty days
without the approval of the Governor in
Council.
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Full-time
office
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(8) The Commissioner shall carry out the
duties and functions of the office on a full-time
basis.
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Remunera- tion of Commissioner
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(9) The Service shall pay the Commissioner
remuneration at the rate fixed by the Governor
in Council.
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Expenses
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(10) The Commissioner is entitled to be
paid reasonable travel and living expenses
incurred in the course of performing duties
while absent from the Commissioner's
ordinary place of work.
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Accident
compensation
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(11) For the purposes of the Government
Employees Compensation Act and any
regulation made under section 9 of the
Aeronautics Act, the Commissioner is deemed
to be an employee in the public service of
Canada.
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Directors
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Appointment
and tenure of
directors
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95.7 (1) Each director, other than the
Chairperson and the Commissioner, shall be
appointed by the Governor in Council to hold
office during pleasure for any term of not more
than three years that will ensure, as far as
possible, the expiry in any one year of the
terms of office of not more than one half of the
directors.
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Qualifica- tions of directors
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(2) The directors shall be persons who, in
the opinion of the Governor in Council, have
the experience and the capacity required for
discharging their functions.
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Eligibility for
appointment
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(3) A person is eligible to be appointed as a
director 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.
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Persons not
eligible for
appointment
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(4) No person may be appointed or continue
as a director of the Board who
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Limitation
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(5) Paragraph (4)(c) does not apply to the
Commissioner.
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Renewal of
term
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(6) The Governor in Council may renew the
term of office of a director, other than the
Chairperson or the Commissioner, for a
maximum of two further terms of not more
than three years each.
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Continuation
in office
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(7) If a director, other than the Chairperson
or the Commissioner, is not appointed to take
office on the expiry of the term of an
incumbent director, the incumbent director
may continue in office until a successor is
appointed.
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Full-time or
part-time
office
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95.8 (1) All directors except the
Chairperson and Commissioner shall carry
out the duties and functions of their office on
a full-time or part-time basis.
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Directors'
fees
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(2) The Service shall pay the directors,
other than the Commissioner, the fees fixed by
the Governor in Council for the performance
of their duties, including attendance at
meetings of the Board or of any committee of
directors.
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Expenses
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(3) The directors, other than the
Commissioner, are entitled to be paid
reasonable travel and living expenses incurred
by them in the course of performing their
duties while absent from their ordinary place
of work or residence.
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Accident
compensation
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(4) For the purposes of the Government
Employees Compensation Act and any
regulation made under section 9 of the
Aeronautics Act, the directors are deemed to
be employees in the public service of Canada.
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Chairperson of the Board
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Appointment
and tenure of
Chairperson
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95.9 (1) The Chairperson of the Board shall
be appointed by the Governor in Council to
hold office during pleasure for a term of not
more than five years, which term may be
renewed for one further term of not more than
five years.
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Absence,
incapacity or
vacancy
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(2) In the event of the absence or incapacity
of the Chairperson or a vacancy in that office,
the Minister may appoint another director to
exercise the powers and perform the duties
and functions of the Chairperson, but no
director may be so appointed for a term of
more than sixty days without the approval of
the Governor in Council.
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Full-time
office
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(3) The Chairperson shall carry out the
duties and functions of the office on a full-time
basis.
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Fees,
expenses and
accident
compensation
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(4) The Service shall pay the fees and
expenses of the Chairperson as a director in
accordance with the provisions of subsections
95.8(2) and (3) and the Chairperson is entitled
to accident compensation as a director in
accordance with the provisions of subsection
95.8(4).
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Powers, duties
and functions
of
Chairperson
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(5) The Chairperson shall preside at
meetings of the Board and exercise any
powers and perform any duties and functions
that are assigned by the Board.
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Management and Direction of the Service |
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Responsibilities of the Board
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Rules
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95.91 (1) Subject to this Part and the
regulations, the Board may make rules
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Board's
Directives
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(2) The Board may designate as Service
Directives any or all rules made under
subsection (1).
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Accessibility
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(3) The Service's Directives shall be
accessible to offenders, staff members and the
public.
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Advisory role
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95.92 The Board may advise the Minister
on matters that relate to the general
administration and enforcement of this Act or
other matters that fall under its authority.
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Board to keep
Minister
informed
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95.93 The Board shall keep the Minister
informed of any matter that could affect public
policy or that could materially affect public
finances, and any other matter that the
Minister considers necessary.
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Support to
Minister
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95.94 The Board shall assist and advise the
Minister in the exercise of the Minister's
powers and in the performance of the
Minister's duties and functions under this Act
and in the carrying out of the Minister's duties
as a minister of the Crown.
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Consultation
with
departments
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95.95 The Board shall consult with any
federal department or agency on matters that
could have a significant impact on the Service.
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Duties and Indemnification of Directors
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Duty of care
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95.96 (1) Every director of the Board, in
exercising their powers and performing their
duties and functions, shall
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Reliance on
statements
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(2) A director is not liable for a breach of
duty under subsection (1) if the director relies
in good faith on
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Best interests
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(3) Compliance with a direction issued by
the Minister under section 95.1 is deemed to
be in the best interests of the Service.
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Disclosure of
interest in
contract
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(4) A director of the Board shall disclose
any interest in a material contract or proposed
material contract with the Service by writing
to the Board or by requesting to have entered
in the minutes of a meeting of the Board the
nature and extent of the interest, if the director
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Disclosure by
director where
contract
comes before
Board
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(5) The disclosure required by subsection
(4) must be made
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