O. Reg. 69/20: GENERAL

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ontario regulation 69/20

made under the

Ministry of Correctional Services Act

Made: March 19, 2020
Filed: March 19, 2020
Published on e-Laws: March 20, 2020
Printed in The Ontario Gazette: April 4, 2020

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

(GENERAL)

1. The definition of “Board” in section 34.1 of Regulation 778 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“Board” means the Ontario Parole Board.

2. (1) Section 35 of the Regulation is amended by adding the following subsection:

(1.1) The following persons within the Ministry are hereby designated under section 27 of the Act as persons who may authorize the temporary absence of an inmate from a correctional institution:

1. The Assistant Deputy Minister, Institutional Services.

2. The Executive Director, Institutional Services.

3. Every Regional Director, Institutional Services.

(2) Subsection 35 (2) of the Regulation is revoked and the following substituted:

(2) The persons referred to in subsections (1) and (1.1) are hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as persons responsible for authorizing temporary absences.

3. Subsection 36 (1) of the Regulation is revoked and the following substituted:

(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, a member of the Board or a person referred to in subsection 35 (1.1).

4. (1) Subsection 38 (1) of the Regulation is amended striking out “The Superintendent shall refer a request” at the beginning and substituting “The Superintendent may refer a request under section 37”.

(2) Section 38 of the Regulation is amended by adding the following subsection:

(1.1) Before a person referred to in subsection 35 (1.1) issues a temporary absence permit that would authorize an inmate to be absent from an institution unescorted for a period of 72 hours or longer, the person may refer consideration of the permit to the chair of the Board.

(3) Subsection 38 (2) of the Regulation is revoked and the following substituted:

(2) The chair of the Board shall submit a referral received under subsection (1) or (1.1) to the Board or to a member of the Board, and the Board or member of the Board shall review the matter as soon as possible and, in any case, not later than 30 days after the chair has received the referral.

(4) Subsection 38 (3) of the Regulation is revoked and the following substituted:

(3) An inmate is entitled to make submissions to the Board or a member of the Board, as the case may be, in support of the referral and the Board or member of the Board may permit any other person, including an interpreter, to also participate for the purpose of assisting the Board or member in the review.

(3.1) The Board may, in its absolute discretion, hold an oral, electronic or written hearing when considering the referral.

(5) Subsection 38 (4) of the Regulation is amended by striking out “the request” in the portion before clause (a) and substituting “the referral”.

5. Section 39 of the Regulation is revoked and the following substituted:

39. The Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1), as the case may be, upon granting a temporary absence permit, may impose any conditions that they consider appropriate.

6. (1) Subsection 39.1 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

(1) The Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1) may cancel a temporary absence permit granted by them, before or after the beginning of the temporary absence, if,

 . . . . .

(2) Clause 39.1 (1) (b) of the Regulation is revoked and the following substituted:

(b) the Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1) considers it necessary and justified in order to prevent a breach of a condition of the temporary absence permit;

(3) Subsection 39.1 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) If a temporary absence permit is cancelled, the Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1), as the case may be,

. . . . .

(4) Section 39.1 of the Regulation is amended by adding the following subsections:

(4.1) An inmate who is aggrieved by the cancellation of his or her temporary absence permit that had been granted by a person referred to in subsection 35 (1.1) may request in writing that the Deputy Minister review the decision.

(4.2) Upon receiving a request under subsection (4.1), the Deputy Minister shall review the decision and any submissions made by the inmate and shall,

(a) direct the person who made the decision to 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) Subsection 39.1 (5) of the Regulation is amended by striking out “subsections (2) and (4)” and substituting “subsections (2), (4) and (4.2)”.

7. The Regulation is amended by adding the following section:

39.3 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.

8. (1) Clauses 44 (2) (a) and (b) of Regulation are revoked and the following substituted:

(a) the inmate shall, if reasonable in the circumstances, be given at least 48 hours notice of the hearing;

(b) the inmate be given an opportunity to make submissions to the Board on his or her own behalf;

(2) Section 44 of the Regulation is amended by adding the following subsection:

(3) The Board may, in its absolute discretion, hold an in-person, electronic or written hearing when holding a hearing under subsection (2).

9. (1) Subsection 44.2 (1) of the Regulation is revoked and the following substituted:

(1) In the case of an in-person or electronic hearing, a victim of the inmate may apply to the Board if he or she wishes to participate in the inmate’s parole hearing.

(2) Subsection 44.2 (2) of the Regulation is amended by striking out “The Board shall” at the beginning of the portion before clause (a) and substituting “In the case of an in-person hearing, the Board shall”.

(3) Subsection 44.2 (3) of the Regulation is amended by striking out “application to attend a hearing” and substituting “application to participate in a hearing”.

(4) Subsection 44.2 (4) of the Regulation is amended by striking out “the advice of the supervisor of the Superintendent of the correctional institution where the hearing is scheduled to take place” and substituting “the advice of the Superintendent referred to in subsection (2)”.

(5) Subsection 44.2 (5) of the Regulation is amended by striking out “application to attend a parole hearing” and substituting “application to participate in a parole hearing”.

10. (1) Subsection 44.3 (1) of the Regulation is amended by striking out “A victim who has been given permission to attend a hearing” at the beginning of the portion before clause (a) and substituting “A victim who has been given permission to participate in a hearing”.

(2) Subsection 44.3 (2) of the Regulation is revoked and the following substituted:

(2) A victim may be assisted during an inmate’s parole hearing by any person and, in exceptional circumstances, the Board may permit a victim to be assisted during the hearing by more than one person.

(3) Subsection 44.3 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) A person participating in a parole hearing to assist a victim may only do so,

. . . . .

11. (1) Subsection 44.3.1 (1) of the Regulation is amended by striking out “if he or she wishes to attend an inmate’s parole hearing” and substituting “if he or she wishes to attend an inmate’s in-person parole hearing”.

(2) Subsections 44.3.1 (4) and (5) of the Regulation is amended by striking out “a person’s application to attend a parole hearing” wherever it appears and substituting in each case “a person’s application to attend an in-person parole hearing”.

12. Section 44.3.2 of the Regulation is amended by striking out “permission to attend a hearing” and substituting “permission to attend an in-person hearing”.

13. Section 44.3.3 of the Regulation is revoked and the following substituted:

44.3.3 In the case of an in-person hearing, a victim, a person who assists a victim or a person who attends as an observer shall not bring a camera or electronic recording device of any kind into the correctional institution or hearing room.

44.3.4 No person, other than a person employed in the administration of the Act, shall record a hearing in any manner.

14. Clauses 44.4 (a) and (b) of the Regulation are revoked and the following substituted:

(a) in the case of an in-person hearing,

(i) 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

(ii) adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the resumed hearing; or

(b) in the case of any other type of hearing, make any order the Board considers appropriate in order to maintain the orderly conduct of the hearing.

15. Section 44.5 of the Regulation is amended by striking out “arguments and” in the portion before clause (a).

Commencement

16. This Regulation comes into force on the day it is filed.

 

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