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)

• (g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, Insertion start Indigenous persons 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 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.

Exceptions

(1.‍1) Subsection (1) does not apply to

• Insertion start (a) Insertion end  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; Insertion start or Insertion end

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  (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.

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Rapport à l’enquêteur correctionnel

(2) Le Service remet à l’enquêteur correctionnel, Insertion start au sens de la partie III Insertion end , 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).

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

Transfers

29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary

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  (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;

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• Insertion start (c) Insertion end  to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28; or

• Insertion start (d) Insertion end Insertion start   Insertion end Insertion start to Insertion end 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 Insertion start attribue Insertion end 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’ Insertion start attribution Insertion end 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 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.

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Duration

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

Transfer to unit

34 The 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.

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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 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.

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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.

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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

37.‍2 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 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.

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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.

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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.

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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

37.‍4 Thirty 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

37.‍5 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 Insertion start la fouille discrète Insertion end ou Insertion start à la fouille Insertion end par palpation Insertion start ordinaires Insertion end 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 Insertion start structured intervention unit Insertion end .

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  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start If Insertion end 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 Insertion start à la fouille Insertion end par palpation Insertion start ordinaires Insertion end 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 Insertion start ordinaire Insertion end 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 Insertion start à la fouille Insertion end par palpation Insertion start ordinaires Insertion end 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 Insertion start under Insertion end sections 47 to 64, except a body cavity search or a Insertion start body scan Insertion end search.

Insertion start Indigenous Insertion end Offenders

Definitions

79 In sections Insertion start 79.‍1 Insertion end to Insertion start 84.‍1 Insertion end ,

correctional services means services or programs for offenders, including their care, custody and Insertion start supervision Insertion end .‍ (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

79.‍1 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.

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Programs

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

Advisory committees

82 (1) The Service shall establish a Insertion start national Indigenous Insertion end advisory committee, and may establish regional and local Insertion start Indigenous Insertion end advisory committees, which shall provide advice to the Service on the provision of correctional services to Insertion start Indigenous Insertion end offenders.

Committees to consult

(2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with Insertion start Indigenous Insertion end communities, Insertion start Indigenous governing bodies, Indigenous organizations Insertion end and other appropriate persons with knowledge of Insertion start Indigenous Insertion end matters.

Spiritual leaders and elders

83 (1) For greater certainty, Insertion start Indigenous Insertion end spirituality and Insertion start Indigenous Insertion end 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 Insertion start Indigenous Insertion end inmates the services of an Insertion start Indigenous Insertion end spiritual leader or elder after consultation with

• (a) the Insertion start national Indigenous Insertion end advisory committee Insertion start established under Insertion end section 82; and

• (b) the appropriate regional and local Insertion start Indigenous Insertion end advisory committees.

Release into Indigenous community

84 If an inmate expresses an interest in being released into an Insertion start Indigenous Insertion end community, the Service shall, with the inmate’s consent, give the Insertion start community’s Indigenous governing body Insertion end

• (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  Insertion start If Insertion end an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an Insertion start Indigenous Insertion end community, the Service shall, Insertion start with Insertion end the Insertion start offender’s consent Insertion end , give the Insertion start community’s Indigenous governing body Insertion end

• (a) adequate notice of the order; and

• (b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into Insertion start that Insertion end community.

health care means medical care, dental care and mental health care, provided by registered health care professionals Insertion start or by persons acting under the supervision of registered health care professionals Insertion end ; (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.

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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, Insertion start confinement in a structured intervention unit Insertion end 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 to understand the rights and responsibilities of inmates related to health care.

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

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

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• z.‍6) concernant l’ Insertion start attribution Insertion end 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)

• (b) it is desirable for the offender to be absent from Insertion start the Insertion end 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

• Insertion start (a) Insertion end  could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or

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  (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.

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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 Insertion start of Indigenous persons Insertion end , as well as to the needs of other groups of offenders with special requirements.

• (b) more than three years have elapsed since Insertion start the day on which Insertion end the offender was Insertion start ordered Insertion end discharged on the conditions prescribed in a probation order.