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Ministry of Correctional Services Act

R.R.O. 1990, REGULATION 778

GENERAL

Consolidation Period: From January 25, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 37/13.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Definitions

1

PART I

CORRECTIONAL INSTITUTIONS

 
 

Duties of Superintendent, Health Care Professionals, Employees

2-7

 

Admission to Institution

8-9

 

Inmate Property

10-12

 

Visiting Privileges

13-15

 

Correspondence Privileges

16-17.2

 

Inmate Employment

18

 

Canteen Privileges

19-21

 

Searches

22-27

 

Inmate Complaints

28

 

Inmate Misconduct

29-33

 

Segregation

34

 

Temporary Absence

34.1-39.2

 

Assistance Upon Release or Discharge

40

PART II

PAROLE

40.1-51

PART III

COMMUNITY RESOURCE CENTRES

52-55

PART V

DISCLOSURE OF PERSONAL INFORMATION

59-64

Definitions

1. In this Regulation,

“employee” means an employee of the Ministry or of a contractor; (“employé”)

“clinic” or “hospital” means that part of an institution set aside for the care and treatment of inmates who are physically or mentally ill; (“clinique”, “hôpital”)

“contraband” means unauthorized property in the possession of an inmate; (“objet détenu illégalement”)

“health care professional” means a member of the College of Physicians and Surgeons of Ontario or of the College of Nurses of Ontario; (“professionnel de la santé”)

“officer” means an employee who is directly involved in the care, health, discipline, safety and custody of an inmate and includes a bailiff appointed under the Act; (“agent”)

“Superintendent” includes a Director of a correctional institution. (“chef d’établissement”) R.R.O. 1990, Reg. 778, s. 1; O. Reg. 305/01, s. 1; O. Reg. 331/02, s. 1.

PART I
CORRECTIONAL INSTITUTIONS

Duties of Superintendent, Health Care Professionals, Employees

2. (1) The Superintendent of a correctional institution is responsible for the management of the institution and for the care, health, discipline, safety and custody of the inmates under the Superintendent’s authority, and, without limiting the generality of the foregoing, the Superintendent shall,

(a) supervise the admission and release of each inmate from the institution;

(b) supervise the recording, guarding and disposition of inmate property;

(c) conduct reviews in discipline cases;

(d) supervise the admission and conduct of persons visiting the institution; and

(e) supervise the searches conducted on inmates and employees. R.R.O. 1990, Reg. 778, s. 2 (1).

(2) The Superintendent shall,

(a) administer the institution in accordance with the Act, the regulations and any instructions issued from time to time by the Minister to the Superintendent;

(b) issue to the employees of the institution such directions as may be necessary to fulfil the responsibilities of a Superintendent;

(c) establish administrative procedures to be followed on the admission, discharge, escape, illness or death of an inmate and on the assignment of employees’ and inmates’ duties; and

(d) ensure that inmates are informed of their duties and privileges while in the care and custody of the Superintendent. R.R.O. 1990, Reg. 778, s. 2 (2).

(3) The Superintendent shall forward immediately to the proper authority an application of an inmate for,

(a) appeal;

(b) a writ of habeas corpus or an order in the nature of mandamus;

(c) parole; or

(d) a transfer under the Transfer of Offenders Act (Canada). R.R.O. 1990, Reg. 778, s. 2 (3).

3. Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or this Regulation may be delegated by the Superintendent to any person or persons to act as designated representative of the Superintendent for the purpose of the effective administration of the Act and the delegation shall be subject to such limitations, restrictions, conditions and requirements as the Superintendent considers necessary for the purpose. R.R.O. 1990, Reg. 778, s. 3.

4. (1) There shall be one or more health care professionals in each institution to be responsible for the provision of health care services within the institution and to control and direct the medical and surgical treatment of all inmates. R.R.O. 1990, Reg. 778, s. 4 (1).

(2) The health care professional shall ensure that every inmate receives a medical examination as soon as possible after admission to the institution. R.R.O. 1990, Reg. 778, s. 4 (2).

(3) The health care professional shall immediately report to the Superintendent whenever the health care professional determines that an inmate is seriously ill. R.R.O. 1990, Reg. 778, s. 4 (3).

(4) When an inmate is injured, a health care professional shall,

(a) examine the inmate’s injuries;

(b) ensure such treatment as seems advisable; and

(c) make a written report to the Superintendent concerning the nature of the injury and the treatment provided. R.R.O. 1990, Reg. 778, s. 4 (4).

(5) When an inmate claims to be unable to work by reason of illness or disability, a health care professional shall examine the inmate and if, in his or her opinion, the inmate is unfit to work or the work should be changed, the health care professional shall immediately report the fact in writing to the Superintendent whereupon the inmate shall be relieved of work duties or have his or her work changed or be admitted to hospital or elsewhere for medical treatment as directed. R.R.O. 1990, Reg. 778, s. 4 (5).

5. If an inmate becomes seriously ill, the Superintendent shall notify the inmate’s close relatives and a minister of religion, preferably of the denomination to which the inmate belongs, and may notify any other person or persons that the inmate requests be notified of the illness. R.R.O. 1990, Reg. 778, s. 5.

6. If an inmate dies while confined in an institution, the Superintendent shall immediately make a report concerning the death to the Minister and the report shall include,

(a) the name of the inmate;

(b) the names of the close relatives of the inmate; and

(c) the cause of death and the surrounding circumstances. R.R.O. 1990, Reg. 778, s. 6.

7. (1) No employee shall use force against an inmate unless force is required in order to,

(a) enforce discipline and maintain order within the institution;

(b) defend the employee or another employee or inmate from assault;

(c) control a rebellious or disturbed inmate; or

(d) conduct a search. R.R.O. 1990, Reg. 778, s. 7 (1).

(2) When an employee uses force against an inmate, the amount of force used shall be reasonable and not excessive having regard to the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778, s. 7 (2).

(3) Where an employee uses force against an inmate, the employee shall file a written report with the Superintendent indicating the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778, s. 7 (3).

Admission to Institution

8. (1) The Superintendent shall not admit any person into custody at an institution except under the authority of a warrant of committal, an order for remand or other judicial document constituting authority for detention of the person therein. R.R.O. 1990, Reg. 778, s. 8 (1).

(2) Despite subsection (1), a Superintendent shall admit a person into custody at an institution without a warrant of committal, an order for remand or other judicial document where,

(a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution;

(b) the person is delivered to the institution after being apprehended under section 39 of the Act;

(c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit; or

(d) the institution is designated as a lock-up. R.R.O. 1990, Reg. 778, s. 8 (2).

(3) Despite clause (2) (d), the Superintendent of a lock-up shall not admit into custody at the lock-up any person who is in need of immediate medical attention. R.R.O. 1990, Reg. 778, s. 8 (3).

9. When a person is admitted into custody at an institution, the person becomes an inmate of the institution and the Superintendent shall ensure that each inmate is searched, bathed and clothed in the proper manner. R.R.O. 1990, Reg. 778, s. 9.

Inmate Property

10. (1) The inmate shall surrender to the Superintendent all property, including money and personal belongings, in the inmate’s physical possession at the time of admission to the institution. O. Reg. 164/10, s. 1.

(2) The non-perishable property that the inmate is not permitted to retain in his or her possession shall be deposited with the Superintendent. O. Reg. 132/09, s. 1.

(3) The perishable property that the inmate is not permitted to retain in his or her possession shall be dealt with as the inmate may reasonably direct or else be destroyed by the Superintendent. O. Reg. 132/09, s. 1.

(4) The Superintendent shall not disburse or deduct any amount from the money the inmate surrenders except,

(a) banking fees or charges that are incurred by the Ministry resulting from transactions authorized by the inmate;

(b) the amount of any deduction or payment required by law; and

(c) an amount in accordance with a request made in writing by the inmate and approved by the Superintendent. O. Reg. 132/09, s. 1.

(5) When an inmate is paroled, discharged or transferred, the Superintendent shall, subject to subsection (4), return to the inmate all money surrendered by the inmate. O. Reg. 132/09, s. 1.

11. (1) When or shortly after a person becomes an inmate of an institution, the Superintendent shall cause to be personally delivered to the inmate a written notice regarding,

(a) the place where the inmate’s property may be claimed when the inmate is paroled, discharged or transferred to a community resource centre;

(b) the period during which the property will be held by the Superintendent for the inmate after parole, discharge or transfer to a community resource centre; and

(c) the proposed disposition of the property in the event that it is not claimed by the inmate. O. Reg. 164/10, s. 2 (1).

(2) Revoked: O. Reg. 164/10, s. 2 (1).

(3) The Superintendent is not required to give notice under subsection (1) in respect of money in an inmate’s trust account amounting to less than $5, and if that money remains unclaimed for ninety days after the inmate is paroled, discharged or transferred to a community resource centre, it shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778, s. 11 (3); O. Reg. 132/09, s. 2; O. Reg. 164/10, s. 2 (2).

(4) Any property of an inmate that remains unclaimed for ninety days after the notice has been delivered to the inmate may be disposed of by the Superintendent in the following manner:

1. In the case of property having significant resale value, by forwarding the property to the Minister.

2. In the case of useful property that does not have any significant resale value, by donating the property to any person or organization that undertakes to use it for a charitable purpose.

3. In the case of any other property, by destroying it. R.R.O. 1990, Reg. 778, s. 11 (4); O. Reg. 164/10, s. 2 (3).

(5) Unclaimed property that has been forwarded to the Minister may be disposed of in any manner that the Minister considers appropriate. R.R.O. 1990, Reg. 778, s. 11 (5).

(6) Any money belonging to an inmate that is not claimed and all proceeds from the disposition of unclaimed property shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778, s. 11 (6).

12. (1) Where an inmate becomes absent without authority from an institution, all property in the institution belonging to the inmate, except perishable property, shall be retained by the Superintendent, and if the property has not been claimed by the inmate within twelve months following the date that the inmate became absent, the property may be disposed of pursuant to section 11. R.R.O. 1990, Reg. 778, s. 12 (1).

(2) All perishable property belonging to an inmate who becomes absent without authority from the institution may be immediately disposed of by the Superintendent in any manner that the Superintendent considers appropriate. R.R.O. 1990, Reg. 778, s. 12 (2).

(3) The Superintendent shall keep a record of all unclaimed property of an inmate that is disposed of under this Regulation and the record shall include,

(a) the name of the inmate who owned the property;

(b) a description of the property disposed of;

(c) the person or organization in receipt of the property; and

(d) the proceeds of the disposition, if any. R.R.O. 1990, Reg. 778, s. 12 (3).

Visiting Privileges

13. No person, including a visitor and any person accompanying a visitor, shall be present on the premises of an institution without the approval of the Superintendent and the Superintendent may impose such conditions and limitations upon the person while on the premises of the institution as the Superintendent considers necessary to ensure the safety of employees and inmates and the security of the institution. R.R.O. 1990, Reg. 778, s. 13.

14. (1) An inmate shall be permitted visits during reasonable hours from a minister of religion, a probation officer, a parole officer, a volunteer or the inmate’s solicitor. R.R.O. 1990, Reg. 778, s. 14 (1).

(2) In addition to the visits permitted under subsection (1), an inmate serving a sentence of imprisonment shall be permitted at least one visit each week. R.R.O. 1990, Reg. 778, s. 14 (2).

(3) In addition to the visits permitted under subsection (1), an inmate not serving a sentence of imprisonment shall be permitted at least two visits each week. R.R.O. 1990, Reg. 778, s. 14 (3).

(4) No child under the age of sixteen years shall be permitted access to an institution to visit an inmate unless,

(a) the child is accompanied by an adult; or

(b) permission is granted by the Superintendent for the child to visit the inmate unaccompanied. R.R.O. 1990, Reg. 778, s. 14 (4).

(5) Despite subsections (1), (2), (3) and (4), a Superintendent may suspend all visiting privileges if the Superintendent is of the opinion that a state of emergency exists at the institution. R.R.O. 1990, Reg. 778, s. 14 (5).

15. No visitor to an institution shall without the approval of the Superintendent,

(a) communicate with an inmate;

(b) sketch or take photographs; or

(c) receive, give, trade or sell any article to or from an inmate. R.R.O. 1990, Reg. 778, s. 15.

Correspondence Privileges

16. An inmate shall be permitted to send one letter upon admission to an institution and at least two letters each week thereafter and, where the inmate has not been awarded a weekly incentive allowance, the inmate shall be given sufficient stationery and postage in order to send the letters. R.R.O. 1990, Reg. 778, s. 16.

17. (1) All letters and parcels sent to or from an inmate may be read or inspected by the Superintendent or by an employee designated by the Superintendent for that purpose, and the Superintendent may refuse to forward any letter or parcel or may delete part of a letter if, in the opinion of the Superintendent, the contents are prejudicial to the best interests of the recipient or are prejudicial to the public safety or the security of the institution. R.R.O. 1990, Reg. 778, s. 17 (1).

(2) Subsection (1) does not apply to a letter sent by an inmate to, or to an inmate from,

(a) the inmate’s solicitor;

(b) a member of the Legislative Assembly of Ontario;

(c) a member of the Parliament of Canada;

(d) the Deputy Minister of Correctional Services;

(e) the Ombudsman or the Correctional Investigator of Canada. R.R.O. 1990, Reg. 778, s. 17 (2).

(3) A letter referred to in clause (2) (a),

(a) shall not be opened by the Superintendent or the Superintendent’s designate unless the inmate and a staff witness are present;

(b) may be inspected for contraband; and

(c) shall not be read by the Superintendent or the Superintendent’s designate unless there are reasonable and probable grounds to believe that it contains material that is not privileged as a solicitor-client communication. R.R.O. 1990, Reg. 778, s. 17 (3).

(4) A letter referred to in clause (2) (b), (c) or (d) may be opened, read and inspected for contraband by the Superintendent or the Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (4).

(5) A letter referred to in clause (2) (e) shall not be opened, read or inspected for contraband by the Superintendent or the Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (5).

17.1 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that telephone conversations between an inmate and any other persons be listened to or otherwise intercepted where the Superintendent or designated employee believes on reasonable grounds that the conversations will contain evidence of an act that would jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1.

(2) Every correctional institution shall have a telephone system that ensures the confidentiality of telephone conversations between an inmate and a person described in clause 17 (2) (a), (b), (c), (d) or (e) and subsection (1) does not apply to such telephone conversations. O. Reg. 254/03, s. 1.

(3) The telephone system in a correctional institution shall provide notice of the potential interception of a telephone conversation to both parties to the conversation by way of a voice-over message or other means. O. Reg. 254/03, s. 1.

(4) Where a telephone conversation is intercepted under subsection (1), the Superintendent or designated employee shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the interception. O. Reg. 254/03, s. 1.

(5) If informing the inmate as required by subsection (4) would adversely affect an ongoing investigation, the Superintendent or designated employee is not required to comply with that subsection until the investigation is complete. O. Reg. 254/03, s. 1.

17.2 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that an inmate be prevented from communicating with a specified person by telephone if the Superintendent or designated employee believes on reasonable grounds that the security of the institution or the safety of any person would be jeopardized. O. Reg. 254/03, s. 1.

(2) The Superintendent or an employee designated by the Superintendent or the Deputy Minister for the purpose may authorize that an inmate be prevented from communicating with a specified person by telephone if the specified person, or his or her parent or guardian where the specified person is a minor, submits a request to the Superintendent or designated employee that he or she not receive any telephone communication from the inmate. O. Reg. 254/03, s. 1.

(3) Where an inmate is prevented under subsection (1) or (2) from communicating with a person by telephone, the Superintendent or designated employee, as the case may be, shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the prevented communication. O. Reg. 254/03, s. 1.

(4) If informing the inmate as required by subsection (3) would jeopardize the security of the institution or the safety of any person, the Superintendent or designated employee is not required to comply with that subsection until informing the inmate would no longer jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1.

Inmate Employment

18. (1) Every inmate shall perform work in the institution and participate in any institutional program to which the inmate is assigned unless the inmate is medically exempt from performing the work or participating in the program. R.R.O. 1990, Reg. 778, s. 18 (1).

(2) The Superintendent of an institution shall keep a record, on a daily basis, of the work and conduct of each sentenced inmate. R.R.O. 1990, Reg. 778, s. 18 (2).

Canteen Privileges

19. (1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money held for him or her by the Superintendent. O. Reg. 132/09, s. 3.

(2) No inmate shall purchase more than $60 worth of items from the institutional canteen in one week without the Superintendent’s permission. O. Reg. 132/09, s. 3.

20. Revoked: O. Reg. 132/09, s. 4.

21. Revoked: O. Reg. 132/09, s. 5.

Searches

22. (1) The Superintendent may authorize a search, at any time, of,

(a) the institution or any part of the institution;

(b) the person of an inmate;

(c) the property of an inmate; or

(d) any vehicle located on the premises of the institution. R.R.O. 1990, Reg. 778, s. 22 (1).

(2) Where the Superintendent has reasonable cause to believe that an employee is bringing or attempting to bring contraband into or out of the institution, the Superintendent may authorize a search of the person or any property of the employee that is located on the premises of the institution. R.R.O. 1990, Reg. 778, s. 22 (2).

(3) An officer may conduct an immediate search without the authorization of the Superintendent where the officer has reasonable cause to believe that the inmate will destroy or dispose of contraband during the delay necessary to obtain the authorization. R.R.O. 1990, Reg. 778, s. 22 (3).

23. No inmate shall be searched by a person of the opposite sex unless,

(a) the person is a health care professional; or

(b) the person is an officer who has reasonable cause to believe that an immediate search is necessary because the inmate is concealing contraband that is dangerous or harmful. R.R.O. 1990, Reg. 778, s. 23.

24. (1) Any person conducting a search during which an inmate is required to undress shall conduct the search in a place and manner such that the inmate is not subject to embarrassment or humiliation. R.R.O. 1990, Reg. 778, s. 24 (1).

(2) Every manual search of an inmate’s rectal or vaginal areas shall be conducted by a health care professional. R.R.O. 1990, Reg. 778, s. 24 (2).

25. (1) The Superintendent shall ensure that a written record is made of every inmate search and the record shall include,

(a) the name of the inmate searched;

(b) the reason for the search; and

(c) a description of any property seized or damaged in the search. R.R.O. 1990, Reg. 778, s. 25 (1).

(2) The Superintendent shall inform an inmate of any seizure or damage to property belonging to the inmate arising from a search conducted without the knowledge of the inmate. R.R.O. 1990, Reg. 778, s. 25 (2).

26. An inmate who refuses to be searched or resists a search may be placed in segregation until the inmate submits to the search or until there is no longer a need to search the inmate. R.R.O. 1990, Reg. 778, s. 26.

27. (1) The Superintendent may seize contraband found during a search described in section 22. R.R.O. 1990, Reg. 778, s. 27 (1).

(2) Subject to subsection (3), contraband seized under subsection (1) is forfeit to the Crown. R.R.O. 1990, Reg. 778, s. 27 (2).

(3) If the Superintendent determines that the forfeiture of contraband belonging to an inmate would cause undue hardship to the inmate, the Superintendent shall hold the contraband in trust for the inmate until the inmate’s release or discharge from the institution. R.R.O. 1990, Reg. 778, s. 27 (3).

(4) The Superintendent shall dispose of contraband that is forfeit to the Crown under subsection (2),

(a) if the contraband is money, by depositing it in the Consolidated Revenue Fund;

(b) if the contraband has significant resale value, by forwarding it to the Minister who may dispose of it in a manner that the Minister considers appropriate;

(c) if the contraband is useful property that does not have significant resale value, by donating it to a person or an organization that undertakes to use it for a charitable purpose; and

(d) if the contraband is not described in clause (a), (b) or (c), by destroying it. R.R.O. 1990, Reg. 778, s. 27 (4).

Inmate Complaints

28. Where an inmate alleges that the inmate’s privileges have been infringed or otherwise has a complaint against another inmate or employee, the inmate may make a complaint in writing to the Superintendent. R.R.O. 1990, Reg. 778, s. 28.

Inmate Misconduct

29. (1) An inmate commits a misconduct if the inmate,

(a) wilfully disobeys a lawful order of an officer;

(b) commits or threatens to commit an assault upon another person;

(c) makes a gross insult, by gesture, use of abusive language, or other act, directed at any person;

(d) takes or converts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property;

(e) damages any property that is not owned by the inmate;

(f) has contraband in his or her possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the institution;

(g) creates or incites a disturbance likely to endanger the security of the institution;

(h) escapes, attempts to escape or is unlawfully at large from an institution;

(i) leaves a cell, place of work or other appointed place without proper authority;

(j) gives or offers a bribe or reward to an employee of the institution;

(k) counsels, aids or abets another inmate to do an act in contravention of the Act and regulations;

(l) refuses to pay a fee or charge that the inmate is required to pay under the Act or regulations;

(m) obstructs an investigation conducted or authorized by the Superintendent;

(n) wilfully breaches or attempts to breach any other regulation or a written rule, of which the inmate has received notice, governing the conduct of inmates; or

(o) wilfully breaches or attempts to breach any term or condition of a temporary absence. R.R.O. 1990, Reg. 778, s. 29 (1).

(2) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the regulation or rule is included in the handbook provided to the inmate or posted in a conspicuous place in the institution. R.R.O. 1990, Reg. 778, s. 29 (2).

(3) No inmate shall be disciplined for any breach of the written rules governing the conduct of inmates except by the Superintendent. R.R.O. 1990, Reg. 778, s. 29 (3).

30. Revoked: O. Reg. 320/02, s. 1.

31. (1) Where an inmate is alleged to have committed a misconduct, the Superintendent shall decide, as soon as possible, whether or not the inmate committed the misconduct. R.R.O. 1990, Reg. 778, s. 31 (1).

(2) Before making a decision under subsection (1), the Superintendent shall ensure that the inmate is notified of the allegation and is given an opportunity for an interview, which shall be held not later than ten days after the day on which the alleged misconduct became known to the Superintendent, to discuss the allegation with the Superintendent. R.R.O. 1990, Reg. 778, s. 31 (2); O. Reg. 37/13, s. 1 (1).

(3) At the interview with the Superintendent, the inmate is entitled to present arguments and explanations to dispute the allegation and to question the person or persons making the allegation as well as any other witnesses to the incident. R.R.O. 1990, Reg. 778, s. 31 (3).

(4) The Superintendent may permit any person, including an interpreter, to attend the interview and assist in any manner that the Superintendent considers appropriate. R.R.O. 1990, Reg. 778, s. 31 (4).

(5) The Superintendent may, during an interview held under subsection (2), adjourn the interview, but no such adjournment shall be for more than three clear days, except with the consent of the inmate. R.R.O. 1990, Reg. 778, s. 31 (5).

(6) The Superintendent shall inform the inmate within two days after the day of the interview concerning the Superintendent’s decision, the reasons for the decision and the disciplinary measure imposed, if any. R.R.O. 1990, Reg. 778, s. 31 (6); O. Reg. 37/13, s. 1 (2).

(7) Where the inmate does not notify the Superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wishes an interview with the Superintendent, the Superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. R.R.O. 1990, Reg. 778, s. 31 (7); O. Reg. 37/13, s. 1 (3).

(8) After making the decision under subsection (6) or (7), the Superintendent shall make a record of the case noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, and the decision, reasons and disciplinary measure imposed by the Superintendent in the case. R.R.O. 1990, Reg. 778, s. 31 (8); O. Reg. 37/13, s. 1 (4).

(9) Where an inmate who is alleged to have committed a misconduct is absent from the institution, a reasonable attempt to notify the inmate shall constitute sufficient notice for the purpose of this section. R.R.O. 1990, Reg. 778, s. 31 (9).

32. (1) Where the Superintendent determines that an inmate has committed a misconduct, the Superintendent may impose one or more of the following disciplinary measures:

1. Loss of all or some privileges for a period not greater than 120 days including the privilege of purchasing items from the institutional canteen.

2. A change of program or work activity.

3. A change of security status.

4. A reprimand.

5. Revocation of a temporary absence permit. R.R.O. 1990, Reg. 778, s. 32 (1); O. Reg. 364/97, s. 3 (1); O. Reg. 37/13, s. 2 (1).

(2) Where the Superintendent determines that an inmate has committed a misconduct of a serious nature, the Superintendent may impose, in addition to any of the disciplinary measures imposed in subsection (1), one of the following disciplinary measures:

1. Close confinement for a definite period not greater than thirty days on a regular diet.

2. Close confinement for an indefinite period not greater than thirty days on a regular diet.

3. Revoked: O. Reg. 164/10, s. 3 (1).

4. Forfeiture of a portion or all of the remission that stands to the inmate’s credit but no such forfeiture shall exceed fifteen days without the Minister’s approval.

5. Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of up to two months.

6. Revoked: O. Reg. 164/10, s. 3 (3).

R.R.O. 1990, Reg. 778, s. 32 (2); O. Reg. 364/97, s. 3 (2); O. Reg. 164/10, s. 3; O. Reg. 37/13, s. 2 (2).

33. (1) The Minister, when requested by an inmate, may review a decision of the Superintendent where,

(a) the inmate alleges that the Superintendent did not make the decision in accordance with the procedures set out in this Regulation; or

(b) the inmate has been disciplined by having a portion or the whole of his or her remission forfeited or by receiving a suspension from eligibility to earn remission. R.R.O. 1990, Reg. 778, s. 33 (1).

(2) The Superintendent, upon being notified of the Minister’s review, shall immediately provide the Minister with a copy of his or her record of the inmate’s case. R.R.O. 1990, Reg. 778, s. 33 (2).

(3) Upon completion of the review, the Minister may confirm or vary the decision of the Superintendent or direct the Superintendent to reconsider the case, and the Minister shall forthwith notify the inmate and the Superintendent of the decision and the reasons therefor. R.R.O. 1990, Reg. 778, s. 33 (3).

(4) The decision of the Minister is final. R.R.O. 1990, Reg. 778, s. 33 (4).

Segregation

34. (1) The Superintendent may place an inmate in segregation if,

(a) in the opinion of the Superintendent, the inmate is in need of protection;

(b) in the opinion of the Superintendent, the inmate must be segregated to protect the security of the institution or the safety of other inmates;

(c) the inmate is alleged to have committed a misconduct of a serious nature; or

(d) the inmate requests to be placed in segregation. R.R.O. 1990, Reg. 778, s. 34 (1).

(2) When an inmate is placed in segregation under clause (1) (c), the Superintendent shall conduct a preliminary review of the inmate’s case within twenty-four hours after the inmate has been placed in segregation and where the Superintendent is of the opinion that the continued segregation of the inmate is not warranted, the Superintendent shall release the inmate from segregation. R.R.O. 1990, Reg. 778, s. 34 (2).

(3) The Superintendent shall review the circumstances of each inmate who is placed in segregation at least once in every five-day period to determine whether the continued segregation of the inmate is warranted. R.R.O. 1990, Reg. 778, s. 34 (3).

(4) An inmate who is placed in segregation under this section retains, as far as practicable, the same benefits and privileges as if the inmate were not placed in segregation. R.R.O. 1990, Reg. 778, s. 34 (4).

(5) Where an inmate is placed in segregation for a continuous period of thirty days, the Superintendent shall report to the Minister the reasons for the continued segregation of the inmate. R.R.O. 1990, Reg. 778, s. 34 (5).

Temporary Absence

34.1 In sections 35 to 39.1,

“Board” means the Ontario Parole and Earned Release Board. O. Reg. 305/01, s. 2.

35. (1) Every Superintendent and every member of the Board is hereby designated under section 27 of the Act as a person who may authorize the temporary absence of an inmate from a correctional institution. O. Reg. 305/01, s. 2.

(2) Every Superintendent and every member of the Board is hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as a person responsible for authorizing temporary absences. O. Reg. 305/01, s. 2.

(3) The Board is hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as an organization responsible for authorizing temporary absences. O. Reg. 305/01, s. 2.

36. (1) Every inmate is eligible to be lawfully absent from an institution during the inmate’s term of imprisonment under the authority of a temporary absence permit issued by the Superintendent, the Board or a member of the Board. O. Reg. 305/01, s. 2.

(2) Every temporary absence granted to an inmate is a privilege conferred upon the inmate for a specific purpose. O. Reg. 305/01, s. 2.

37. (1) Every request by an inmate for a temporary absence permit shall be submitted in writing to the Superintendent of the institution in which the inmate is confined and shall set out the reasons for the request. O. Reg. 305/01, s. 2.

(2) After considering the request for a temporary absence permit, the Superintendent shall, subject to section 38,

(a) authorize the temporary absence with or without conditions; or

(b) deny the request for a temporary absence. O. Reg. 151/03, s. 1.

(3) The Superintendent shall promptly notify the inmate in writing of his or her decision with reasons. O. Reg. 305/01, s. 2.

38. (1) The Superintendent shall refer a request for a temporary absence permit to the chair of the Board if granting the request would authorize an inmate to be absent from an institution unescorted for a period of 72 hours or longer. O. Reg. 305/01, s. 2.

(2) The chair of the Board shall refer a request received under subsection (1) to the Board or to a member of the Board, and the Board or member of the Board shall review the request as soon as possible and, in any case, not later than 30 days after the chair has received the request. O. Reg. 305/01, s. 2.

(3) An inmate is entitled to attend before the Board or a member of the Board, as the case may be, to make oral representations in support of the request and the Board or member of the Board may permit any other person, including an interpreter, to also attend for the purpose of assisting the Board or member in the review. O. Reg. 305/01, s. 2.

(4) After considering the request for a temporary absence permit, the Board or member of the Board shall,

(a) authorize the temporary absence with or without conditions; or

(b) deny the request for a temporary absence. O. Reg. 151/03, s. 2.

(5) The Board or member of the Board shall promptly notify the inmate in writing of the decision with reasons. O. Reg. 305/01, s. 2.

(6) An inmate who is aggrieved by a denial under this section of a temporary absence permit may request in writing that the chair of the Board review the decision. O. Reg. 305/01, s. 2.

(7) Upon receiving a request under subsection (6), the chair or the chair’s delegate shall review the decision and shall,

(a) order the Board or the member of the Board to reconsider the application for a temporary absence permit; or

(b) uphold the original decision,

and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2.

39. The Superintendent, Board or member of the Board, as the case may be, upon granting a temporary absence permit, may impose any conditions that they consider appropriate. O. Reg. 305/01, s. 2.

39.1 (1) The Superintendent, Board or member of the Board may cancel a temporary absence permit granted by them, before or after the beginning of the temporary absence, if,

(a) the inmate has breached or attempted to breach a condition of the temporary absence permit;

(b) the Superintendent, Board or member considers it necessary and justified in order to prevent a breach of a condition of the temporary absence permit;

(c) the grounds for granting the temporary absence permit have changed or no longer exist; or

(d) the request has been reassessed, based on new information that could not reasonably have been provided when the temporary absence permit was granted. O. Reg. 305/01, s. 2.

(2) If a temporary absence permit is cancelled, the Superintendent, Board or member of the Board, as the case may be,

(a) shall order the inmate to return immediately to the correctional institution, with reasons for the cancellation; and

(b) may have a notice of cancellation issued for the inmate’s apprehension and recommittal. O. Reg. 305/01, s. 2.

(3) An inmate who is aggrieved by the cancellation of his or her temporary absence permit that had been granted by the Board or a member of the Board may request in writing that the chair of the Board review the decision. O. Reg. 305/01, s. 2.

(4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and any submissions made by the inmate and shall,

(a) reauthorize the temporary absence of the inmate; or

(b) uphold the cancellation of the temporary absence permit,

and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2.

(5) If an inmate is alleged to have committed a misconduct described in clause 29 (1) (o) in connection with his or her actions for which the temporary absence permit was cancelled, the Superintendent shall take into consideration the reasons given under subsections (2) and (4) when determining if the inmate has committed the misconduct. O. Reg. 305/01, s. 2.

39.2 Any proceeding begun under this Regulation before this section comes into force in respect of a request for a temporary absence permit or the suspension or cancellation of a temporary absence permit shall be completed in accordance with this Regulation as it read immediately before this section comes into force. O. Reg. 305/01, s. 2.

Assistance Upon Release or Discharge

40. The Minister or an employee designated by the Minister may give a gratuity or such other assistance to an inmate upon his or her release or discharge from an institution as the Minister or employee considers will aid the rehabilitation of the inmate. O. Reg. 132/09, s. 6.

PART II
PAROLE

40.1 In this Part,

“victim” means,

(a) a victim within the meaning of section 36.1 of the Act who is a victim of an inmate in respect of the offence for which the inmate is seeking parole, and

(b) if the person described in clause (a) is under 16 years of age, includes the person’s parent, within the meaning of section 1 of the Family Law Act, or guardian. O. Reg. 151/03, s. 3.

41. (1) The portion of the term of imprisonment that an inmate must serve before parole may be granted is one-third of the total term of imprisonment imposed upon the inmate. R.R.O. 1990, Reg. 778, s. 41 (1).

(2) Despite subsection (1), the Board may parole an inmate at any time where, in the opinion of the Board, compelling or exceptional circumstances exist that warrant the inmate’s parole. R.R.O. 1990, Reg. 778, s. 41 (2).

(3) Every inmate sentenced to imprisonment in an institution shall be notified in writing by the Ministry of the inmate’s parole eligibility date no later than two months after the date on which the inmate was sentenced. R.R.O. 1990, Reg. 778, s. 41 (3).

42. (1) Where an inmate is serving a term of imprisonment of less than six months, the inmate may apply to the Board for parole at any time. R.R.O. 1990, Reg. 778, s. 42 (1).

(2) An inmate referred to in subsection (1) is not entitled to a hearing before the Board. R.R.O. 1990, Reg. 778, s. 42 (2).

43. (1) Where an inmate is serving a term of imprisonment of six months or more, the Board shall consider the inmate for parole before the parole eligibility date, whether or not the inmate has applied for parole. R.R.O. 1990, Reg. 778, s. 43 (1).

(2) An inmate referred to in subsection (1) is entitled to a hearing before the Board unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 43 (2).

44. (1) Where the Board is considering whether or not an inmate is a suitable inmate to be granted parole the Board may obtain and consider any information that the Board considers useful and relevant regarding the character, abilities and prospects of the inmate, and in particular the Board may obtain and consider,

(a) particulars of the inmate’s trial, conviction and sentence;

(b) particulars of the inmate’s criminal record;

(c) information from persons knowledgeable about the inmate’s background and living conditions before the inmate was confined in the institution;

(d) a report from the Superintendent of the institution assessing the progress made by the inmate towards rehabilitation; and

(e) a report from a health care professional concerning the inmate’s physical condition and mental health. R.R.O. 1990, Reg. 778, s. 44 (1).

(2) Where the Board conducts a hearing to determine whether or not an inmate is a suitable inmate to be granted parole,

(a) the inmate shall be given at least forty-eight hours notice of the hearing;

(b) the inmate shall be given an opportunity to attend before the Board and present arguments and submissions on his or her own behalf;

(c) the Board may permit any person, including an interpreter, to assist in any manner that the Board considers appropriate; and

(d) the Board shall, in the form and manner that it considers appropriate, inform the inmate of any information in the Board’s possession that may affect its decision. R.R.O. 1990, Reg. 778, s. 44 (2).

(3) Revoked: O. Reg. 151/03, s. 4.

44.1 A victim of the inmate may make submissions to the Board before it conducts a hearing under subsection 44 (2), in any form that the Board considers appropriate, including written submissions or an interview in person or by telephone or other means of communication with the Board or with a person or persons designated by the chair of the Board. O. Reg. 151/03, s. 5.

44.2 (1) A victim of the inmate may apply to the Board if he or she wishes to attend the inmate’s parole hearing. O. Reg. 151/03, s. 5.

(2) The Board shall approve a victim’s application unless, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,

(a) there is insufficient time before the hearing,

(i) to obtain security clearance for the victim and a person to assist the victim to attend at the correctional institution, or

(ii) to arrange for the hearing to be held in a room that has adequate space for all the persons attending the hearing; or

(b) the security of the correctional institution or the personal safety of any person, including the victim, may be compromised by the victim’s attendance at the hearing. O. Reg. 151/03, s. 5.

(3) If the Board denies a victim’s application to attend a hearing, the victim may request in writing that the chair of the Board review the decision. O. Reg. 151/03, s. 5.

(4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and, based on the advice of the supervisor of the Superintendent of the correctional institution where the hearing is scheduled to take place, shall uphold, reverse or amend the original decision of the Board. O. Reg. 151/03, s. 5.

(5) If the Board approves a victim’s application to attend a parole hearing, the inmate shall be promptly notified of the fact. O. Reg. 151/03, s. 5.

44.3 (1) A victim who has been given permission to attend a hearing may participate in the hearing by making submissions to the Board on,

(a) the effects and impact of the offence at the time of the offence on the victim and on any relative or spouse of the victim;

(b) the continuing effects and impact of the offence on the victim and on any relative or spouse of the victim; and

(c) the victim’s and any relative or spouse of the victim’s recommendations with respect to the granting of parole to the inmate and, if parole is granted, to any conditions that should be attached to the inmate’s parole to protect the victim and the community at large. O. Reg. 151/03, s. 5; O. Reg. 295/05, s. 1 (1).

(2) A victim may be assisted at an inmate’s parole hearing by any person and in exceptional circumstances, the Board may permit a victim to be assisted at the hearing by more than one person. O. Reg. 151/03, s. 5.

(3) A person attending a parole hearing to assist a victim may only participate at the hearing,

(a) by translating for the victim; and

(b) at the discretion of the Board, by speaking on behalf of a victim who has a mental or physical disability that prevents him or her from communicating clearly. O. Reg. 151/03, s. 5.

(4) In subsection (1),

“relative” means a person related to the victim by blood, marriage or adoption; (“parent”)

“spouse” has the same meaning as in section 29 of the Family Law Act. (“conjoint”) O. Reg. 295/05, s. 1 (2).

44.3.1 (1) Any person, other than a victim, may apply to the Board in writing if he or she wishes to attend an inmate’s parole hearing as an observer. O. Reg. 152/03, s. 1.

(2) The Board may approve or deny a person’s application to attend as an observer and, in making that decision, shall consider,

(a) the views of any victim who has been permitted by the Board to attend the hearing; and

(b) the need to preserve the confidentiality of information provided at the hearing and of the sources of that information. O. Reg. 152/03, s. 1.

(3) The Board shall not approve a person’s application to attend as an observer if, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,

(a) there is insufficient time before the hearing to obtain security clearance for the person to attend at the correctional institution;

(b) the room in which the hearing is to be held does not have adequate space for the person to attend; or

(c) the security of the correctional institution or the personal safety of any person, including the person who applied to attend as an observer, may be compromised by the person’s attendance at the hearing. O. Reg. 152/03, s. 1.

(4) If the Board approves a person’s application to attend a parole hearing as an observer, the inmate shall be promptly notified of the fact. O. Reg. 152/03, s. 1.

(5) If the Board denies a person’s application to attend a parole hearing as an observer, it shall notify the person in writing of the denial and the reasons for it. O. Reg. 152/03, s. 1.

(6) There is no review or appeal from a decision of the Board under this section. O. Reg. 152/03, s. 1.

44.3.2 A person who has been given permission to attend a hearing as an observer may not participate in the hearing in any way. O. Reg. 152/03, s. 1.

44.3.3 A victim, a person who assists a victim or a person who attends a hearing as an observer shall not bring a camera or electronic recording device of any kind into the correctional institution or hearing room. O. Reg. 152/03, s. 1.

44.4 If, at any point during a hearing under subsection 44 (2), the Board is of the opinion that the orderly conduct of the hearing is being disrupted, the Board may,

(a) request that any person, other than the inmate, be excluded from the hearing room for any portion of or the remainder of the hearing; or

(b) adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the resumed hearing. O. Reg. 151/03, s. 5.

44.5 Upon the conclusion of a hearing under subsection 44 (2) and upon consideration of the matters referred to in subsection 44 (1), the submissions of any victims made under section 44.1 or subsection 44.3 (1) and the arguments and submissions of the inmate, the Board may,

(a) grant parole upon such terms and conditions as it considers necessary; or

(b) refuse to grant parole,

and the Board shall notify the inmate of its decision and the reasons for the decision. O. Reg. 151/03, s. 5.

45. (1) An inmate whose parole is reviewed under subsection 39 (2) of the Act is entitled to a hearing before the Board unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 45 (1).

(2) Where the Board conducts a review of parole under subsection 39 (2) of the Act, the Board may obtain and consider any information that the Board considers useful and relevant, including any records relating to the decision to grant the inmate parole and information about the inmate’s conduct while on parole. R.R.O. 1990, Reg. 778, s. 45 (2).

(3) Where the Board conducts a hearing in the course of a review of parole under subsection 39 (2) of the Act, subsection 44 (2) applies to the hearing with necessary modifications. R.R.O. 1990, Reg. 778, s. 45 (3).

(4) Upon consideration of the matters referred to in subsection (2) and the arguments and submissions, if any, of the inmate, the Board may,

(a) allow the inmate to continue on parole; or

(b) revoke parole,

and the Board shall notify the inmate in writing of its decision and the reasons for the decision. R.R.O. 1990, Reg. 778, s. 45 (4).

46. (1) An inmate who is aggrieved by a decision of the Board may request in writing that the chair of the Board review the decision. R.R.O. 1990, Reg. 778, s. 46 (1).

(2) Upon receiving a request under subsection (1), the chair or the chair’s delegate shall review the decision and shall,

(a) order a new hearing; or

(b) uphold the original decision of the Board,

and shall forthwith notify the inmate in writing of the results of the review with reasons. R.R.O. 1990, Reg. 778, s. 46 (2).

47. (1) An inmate who has received parole shall not be allowed to begin parole without signing a certificate of parole setting out the conditions of the parole. R.R.O. 1990, Reg. 778, s. 47 (1).

(2) Despite subsection (1), the Board may authorize an inmate to be allowed to begin parole before the certificate of parole has been completed and signed where the Board is of the opinion that compelling or exceptional circumstances warrant the authorization. R.R.O. 1990, Reg. 778, s. 47 (2).

48. It is a condition of every grant of parole, unless the Board orders otherwise, that the parolee shall,

(a) remain within the jurisdiction of the Board;

(b) keep the peace and be of good behaviour;

(c) obtain the consent of the Board or the parole supervisor for any change of residence or employment;

(c.1) keep a copy of his or her certificate of parole with him or her at all times and produce it to a probation officer, parole officer or police officer on request, unless, under subsection 47 (2), the certificate of parole has not been completed and signed;

(d) report as required to the parole supervisor and the local police force; and

(e) refrain from associating with any person who is engaged in criminal activity or, unless approved by the parole supervisor, with any person who has a criminal record. R.R.O. 1990, Reg. 778, s. 48; O. Reg. 320/02, s. 2.

49. Revoked: O. Reg. 164/10, s. 4.

50. Revoked: O. Reg. 260/99, s. 2.

51. Where the Board has granted parole to an inmate to permit the deportation of the inmate, the Board may remit any remaining portion of the inmate’s term of imprisonment. R.R.O. 1990, Reg. 778, s. 51.

PART III
COMMUNITY RESOURCE CENTRES

52. (1) The director of a community resource centre is responsible for the management of the centre and for the care, health, discipline, safety and custody of the inmates under the director’s authority, and, without limiting the generality of the foregoing, the director shall,

(a) supervise the admission and release of each inmate from the centre;

(b) supervise the disposition of inmate property; and

(c) supervise the admission and conduct of persons visiting the centre. R.R.O. 1990, Reg. 778, s. 52 (1).

(2) The director shall,

(a) administer the community resource centre in accordance with the Act, the regulations, the agreement between the centre and the Ministry, and any instructions issued from time to time by the Minister to the director; and

(b) ensure that inmates are informed of their duties and privileges while in custody at the community resource centre. R.R.O. 1990, Reg. 778, s. 52 (2).

53. The provisions of this Regulation governing the disposition of inmate property apply, with necessary modifications, to the property of an inmate who is admitted to a community resource centre. R.R.O. 1990, Reg. 778, s. 53.

54. The provisions of this Regulation governing the management of money earned by an inmate while in custody at a correctional institution apply, with necessary modifications, to the management of money earned by an inmate while in custody at a community resource centre. R.R.O. 1990, Reg. 778, s. 54.

55. There shall be an inspection or investigation by the Ministry of every community resource centre from time to time and, in any event, at least once in each year and each director shall provide access and assist an inspector from the Ministry as fully as possible in the conduct of an inspection or investigation. R.R.O. 1990, Reg. 778, s. 55.

PART IV (sections 56-58) Revoked: O. Reg. 132/09, s. 7.

PART V
DISCLOSURE OF PERSONAL INFORMATION

59. In this Part, an individual shall be deemed to be charged with an offence if he or she,

(a) is arrested and released in accordance with Part XVI of the Criminal Code (Canada); or

(b) is served with a summons under Part III of the Provincial Offences Act in relation to an offence for which an individual may be arrested, even if an information has not been laid at the time the summons is served. O. Reg. 266/98, s. 1.

60. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual to a chief of police or his or her designate if,

(a) the individual has been convicted or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act;

(b) the person who would disclose the personal information reasonably believes that the individual poses a significant risk of harm to other persons or property; and

(c) the person who would disclose the personal information reasonably believes that the disclosure will reduce that risk. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 5.

(2) If subsection (1) applies, the person authorized by that subsection to disclose personal information may disclose any personal information about the individual that the authorized person reasonably believes will reduce the risk posed by the individual. O. Reg. 266/98, s. 1.

61. For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to any person the following personal information about an individual who has been charged with, convicted of or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act:

1. The individual’s name, date of birth and address.

2. The offence with which he or she has been charged or of which he or she has been convicted or found guilty and the sentence, if any, imposed for that offence.

3. The outcome of all significant judicial proceedings relevant to the offence.

4. The procedural stage of the criminal justice process to which the prosecution of the offence has progressed and the physical status of the individual in that process (for example, whether the individual is in custody, or the terms, if any, upon which he or she has been released from custody).

5. The date of the release or impending release of the individual from custody in relation to the offence, including any release on parole or temporary absence. O. Reg. 164/10, s. 6.

62. (1) In this section,

“victim” means a person who, as a result of the commission of any offence under the Criminal Code (Canada) by another, suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the offence results in the death of the person, includes,

(a) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and

(b) a dependant or spouse of the person, both within the meaning of section 29 of the Family Law Act,

but does not include a child, parent, dependant or spouse who is charged with or has been convicted of committing the offence. O. Reg. 295/05, s. 2.

(2) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to a victim the following information about an individual who is alleged to have committed the offence, if the victim requests the information:

1. The progress of investigations that relate to the offence.

2. The charges laid with respect to the offence and, if no charges are laid, the reasons why no charges are laid.

3. The dates and places of all significant proceedings that relate to the prosecution.

4. The outcome of all significant proceedings, including any proceedings on appeal.

5. Any pretrial arrangements that are made that relate to a plea that may be entered by the accused at trial.

6. The interim release and, in the event of conviction, the sentencing of an accused.

7. Any disposition made under section 672.54 or 672.58 of the Criminal Code (Canada) in respect of an accused who is found unfit to stand trial or who is found not criminally responsible on account of mental disorder.

8. Any application for release or any impending release of the individual convicted of the offence, including release in accordance with a program of temporary absence, on parole or on an unescorted temporary absence pass.

9. Any escape from custody of the individual convicted of the offence.

10. If the individual accused of committing the offence is found unfit to stand trial or is found not criminally responsible on account of mental disorder,

i. any hearing held with respect to the accused by the Review Board established or designated for Ontario pursuant to subsection 672.38 (1) of the Criminal Code (Canada),

ii. any order of the Review Board directing the absolute or conditional discharge of the accused, and

iii. any escape of the accused from custody. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 7.

63. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual in the circumstances described in subsection (2) to,

(a) any police force in Canada;

(b) any correctional or parole authority in Canada; or

(c) any person or agency engaged in the protection of the public, the administration of justice or the enforcement of or compliance with any federal or provincial Act, regulation or government program. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 8 (1).

(2) Subsection (1) applies if the individual is under investigation of, is charged with, or is convicted or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act and if the circumstances are such that disclosure is required for the protection of the public, the administration of justice or the enforcement of or compliance with any federal or provincial Act, regulation or government program. O. Reg. 266/98, s. 1.

(3) In disclosing personal information under this section to an agency that is not engaged in the protection of the public or the administration of justice, the person making the disclosure shall follow the procedures set out in any memorandum of understanding entered into between the agency and the Ontario Parole Board or the Minister, as the case may be. O. Reg. 164/10, s. 8 (2).

64. In deciding whether or not to disclose personal information under this Part, the person who is authorized to disclose the information shall consider the availability of resources and information, what is reasonable in the circumstances of the case, what is consistent with the law and the public interest and what is necessary to ensure that the resolution of criminal proceedings is not delayed. O. Reg. 266/98, s. 1.

FORM 1 Revoked: O. Reg. 260/99, s. 3.

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