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ONTARIO regulation 305/01

made under the

ministry of correctional
services act

Made: July 19, 2001
Filed: July 27, 2001
Printed in The Ontario Gazette: August 11, 2001

Amending Reg. 778 of R.R.O. 1990

(General)

1. The definition of “employee” in section 1 of Regulation 778 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

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

2. Sections 35, 36, 37, 38 and 39 of the Regulation are revoked and the following substituted:

Temporary Absence

34.1 In sections 35 to 39.1,

“Board” means the Ontario Parole and Earned Release Board.

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.

(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.

(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.

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.

(2) Every temporary absence granted to an inmate is a privilege conferred upon the inmate for a specific purpose.

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.

(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;

(b) deny the request for a temporary absence; or

(c) defer the decision.

(3)  The Superintendent shall promptly notify the inmate in writing of his or her decision with reasons.

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.

(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.

(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.

(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;

(b) deny the request for a temporary absence; or

(c) defer the decision.

(5) The Board or member of the Board shall promptly notify the inmate in writing of the decision with reasons.

(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.

(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.

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.

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.

(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.

(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.

(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.

(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.

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.

3. (1) Subject to subsection (2), this Regulation comes into force on the later of the day it is filed and the day subsection 18 (1) of the Corrections Accountability Act, 2000 comes into force.

(2) Section 2 comes into force on December 31, 2001.

 

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