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ontario regulation 152/03

made under the

ministry of correctional services act

Made: April 14, 2003
Filed: April 16, 2003
Printed in The Ontario Gazette: May 3, 2003

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


Note: Since the end of 2002, Regulation 778 has been amended by Ontario Regulation 151/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Part II of Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

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.

(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.

(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. 

(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.

(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.

(6) There is no review or appeal from a decision of the Board under this section.

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.

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.

2. This Regulation comes into force on the later of October 20, 2003 and the day subsection 2 (2) of the Victim Empowerment Act, 2002 is proclaimed in force.