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Ministry of Correctional Services Act

R.S.O. 1990, CHAPTER M.22

Historical version for the period June 22, 2006 to October 18, 2006.

Amended by: 1996, c. 1, Sched. P; 1997, c. 17, ss. 6, 7; 1997, c. 39, ss. 7-10; 2000, c. 40, ss. 1-18; 2002, c. 12; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. N, ss. 18-56; 2006, c. 19, Sched. D, s. 12.

CONTENTS

1.

Definitions

PART I
MINISTRY OF CORRECTIONAL SERVICES

2.

Ministry continued

3.

Deputy Minister

4.

Duties of Minister

5.

Functions of Ministry

6.

Employees

7.

Delegation of Minister’s powers

8.

Agreements to provide corrective services

9.

Volunteers

10.

Confidentiality

11.

Designation of peace officers

12.

Protection from personal liability

13.

Compassionate allowance

PART II
CORRECTIONAL INSTITUTIONS

14.

Correctional institutions

14.1

Local monitoring boards

14.2

Maximum and medium security custody programs

15.

Community resource centre

15.1

Custody before sentencing

16.

Sentence to correctional institution

17.

Warrant ineffective to specify correctional institution

19.

Provincial bailiffs

20.

Superintendent of correctional institution

21.

Use of correctional institution lock-up

22.

Inspection, investigation

23.

Ministerial inquiry

23.1

Searches

24.

Hospitalization and mental examinations

25.

Rehabilitation programs

26.

Work outside institution

27.

Temporary absence

27.1

Custody

28.

Remission

28.1

Determinations of remission

30.

Ministry employees, conflicts of interest, etc.

PART III
ONTARIO PAROLE AND EARNED RELEASE BOARD

31.

Meaning of “Board”, Part III

32.

Ontario Parole and Earned Release Board

33.

Board chair and quorum

34.

Remuneration of part-time members

34.1

Exclusive jurisdiction of Board

35.

Granting of parole

35.1

Remission

36.

Jurisdiction

36.

Revocation of parole before release

36.1

Victims

37.

Parole term to include remission

37.

Remission

38.

Information re parolees

38.

Duty to submit information to Board

39.

Failure to observe parole conditions

39.

Suspension of parole after release

40.

Annual report

41.

Act not to affect executive power to reprieve, pardon, etc.

PART IV
ADULT PROBATION

42.

Meaning of “court”, Part IV

43.

Appointment of probation officers

44.

Duties of probation officer

PART V
YOUNG PERSONS

45.

Meaning of “Board”, Part V

46.

Appointments by Minister

47.

Temporary detention and secure custody programs

48.

Officers and other Ministry employees

48.

Provincial bailiffs

48.1

Superintendents

49.

Temporary detention

49.

Searches

50.

Medium security custody

50.

Rehabilitation programs

50.1

Work outside facility

50.2

Custody

51.

Custody Review Board

52.

Review of detention decisions

53.

Detention under Provincial Offences Act

54.

Rights of young persons in custody

55.

Internal complaints procedure, violation of s. 54

56.

Further review following s. 55 internal procedure

57.

Minister to advise persons affected of any decision under s. 56

57.0.1

Employees not to be interested in contracts

PART V.1
CONTRACTORS

57.1

Contractor employed in administration of Act

57.2

Relationship to Crown

57.3

Contract compliance monitoring

57.4

Minister’s directions to contractor, failure to provide competent services

57.5

Emergencies, safety risks

57.6

Replacement of director or superintendent

57.7

Powers of Ombudsman

57.8

Relationship of Part to contract

PART VI
GENERAL PROVISIONS

57.9

Substance testing

58.

Application of Statutory Powers Procedure Act

59.

Member of Legislative Assembly

59.

Member of Legislative Assembly

60.

Regulations

Definitions

1. In this Act,

“compassionate allowance” means an allowance made under section 13 of this Act and the regulations; (“indemnité spéciale”)

“contractor” means an individual, corporation, partnership or unincorporated association that enters into a contract or agreement under subsection 8 (4) or (5) to provide correctional services, and includes any person engaged by the contractor to provide any of the services; (“entrepreneur”)

correctional institution” means a correctional institution established or continued under section 14, whether it is operated or maintained by the Ministry or by a contractor, but does not include a place of open custody, a place of secure custody, a place of temporary detention or a lock-up established under section 16.1 of the Police Services Act; (“établissement correctionnel”)

correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry, including the operation and maintenance of correctional institutions; (“service correctionnel”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition ofcorrectional service” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (1) and the following substituted:

correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry, including the operation and maintenance of correctional institutions and youth facilities; (“service correctionnel”)

See: 2002, c. 18, Sched. N, ss. 18 (1), 72 (2).

“Deputy Minister” means the Deputy Minister of Correctional Services; (“sous-ministre”)

“inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); (“détenu”)

“maximum security place of custody” means a place of secure custody in which the Minister has established a maximum security custody program; (“lieu de garde à sécurité maximale”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “maximum security place of custody” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (3). See: 2002, c. 18, Sched. N, ss. 18 (3), 72 (2).

“medium security place of custody” means a place of secure custody in which the Minister has established a medium security custody program; (“lieu de garde à sécurité moyenne”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “medium security place of custody” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (3). See: 2002, c. 18, Sched. N, ss. 18 (3), 72 (2).

“Minister” means the Minister of Correctional Services; (“ministre”)

Ministry” means the Ministry of Correctional Services; (“ministère”)

“parole” means parole under the Corrections and Conditional Release Act (Canada) or this Act, and “parolee” means a person who is released on parole; (“libération conditionnelle” ou “liberté conditionnelle”, “personne en liberté conditionnelle”)

“place of open custody” means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise and operated by or for the Minister; (“lieu de garde en milieu ouvert”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “place of open custody” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) and the following substituted:

“place of open custody” means a place or facility designated as a place of open custody under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu ouvert”)

See: 2002, c. 18, Sched. N, ss. 18 (4), 72 (2).

Note: On the day the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) comes into force, the definition of “place of open custody” is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule D, subsection 12 (6) and the following substituted:

“place of open custody” means a place or facility designated as a place of open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu ouvert”)

See: 2006, c. 19, Sched. D, ss. 12 (6), 20 (6).

“place of open temporary detention” means a place of temporary detention in which the Minister has established an open detention program; (“lieu de détention provisoire en milieu ouvert”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “place of open temporary detention” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4). See: 2002, c. 18, Sched. N, ss. 18 (4), 72 (2).

“place of secure custody” means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise and operated by or for the Minister; (“lieu de garde en milieu fermé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “place of secure custody” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) and the following substituted:

“place of secure custody” means a place or facility designated as a place of secure custody under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu fermé”)

See: 2002, c. 18, Sched. N, ss. 18 (4), 72 (2).

Note: On the day the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) comes into force, the definition of “place of secure custody” is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule D, subsection 12 (9) and the following substituted:

“place of secure custody” means a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, and operated or maintained by the Ministry or by a contractor; (“lieu de garde en milieu fermé”)

See: 2006, c. 19, Sched. D, ss. 12 (9), 20 (6).

“place of secure temporary detention” means a place of temporary detention in which the Minister has established a secure detention program; (“lieu de détention provisoire en milieu fermé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “place of secure temporary detention” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4). See: 2002, c. 18, Sched. N, ss. 18 (4), 72 (2).

“place of temporary detention” means a place or facility designated as a place of temporary detention under subsection 7 (1) of the Young Offenders Act (Canada) or subsection 30 (1) of the Youth Criminal Justice Act (Canada) and operated by or for the Minister; (“lieu de détention provisoire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “place of temporary detention” is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) and the following substituted:

“place of temporary detention” means a place or facility designated as a place of temporary detention under the Young Offenders Act (Canada) and operated or maintained by the Ministry or by a contractor; (“lieu de détention provisoire”)

See: 2002, c. 18, Sched. N, ss. 18 (4), 72 (2).

Note: On the day the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (4) comes into force, the definition of “place of temporary detention” is repealed by the Statutes of Ontario, 2006, chapter 19, Schedule D, subsection 12 (12) and the following substituted:

“place of temporary detention” means a place or facility designated as a place of temporary detention under subsection 7 (1) of the Young Offenders Act (Canada) or under subsection 30 (1) of the Youth Criminal Justice Act (Canada) and operated or maintained by the Minister or by a contractor; (“lieu de détention provisoire”)

See: 2006, c. 19, Sched. N, ss. 12 (12), 20 (6).

“prescribed” means prescribed by the regulations; (“prescrit”)

“probation” means the disposition of a court authorizing a person to be at large subject to the conditions of a probation order or community service order and “probationer” means a person who is subject to a probation order or community service order; (“probation”, “probationnaire”)

“provincial director” means a provincial director appointed under clause 46 (1) (a); (“directeur provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“remission” means the remission of an inmate’s sentence that he or she may earn in accordance with the Prisons and Reformatories Act (Canada) or this Act; (“réduction de peine”)

“young person” means a person who is, or, in the absence of evidence to the contrary, appears to be,

(a) sixteen years of age, or more, but

(b) under eighteen years of age,

and includes a person eighteen years of age or more charged with having committed an offence while the person was sixteen years of age or more but under eighteen years of age, but does not include an inmate or a person charged with having committed an offence while the person was twelve years of age or more but under sixteen years of age. (“adolescent”) R.S.O. 1990, c. M.22, s. 1; 2000, c. 40, s. 1; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. N, s. 18 (2, 5); 2006, c. 19, Sched. D, s. 12 (3, 4, 7, 10).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 18 (6) by adding the following definition:

“youth facility” means a place of open custody, a place of secure custody or a place of temporary detention. (“établissement pour adolescents”)

See: 2002, c. 18, Sched. N, ss. 18 (6), 72 (2).

PART I
MINISTRY OF CORRECTIONAL SERVICES

Ministry continued

2. (1) The ministry of the public service known in English as the Ministry of Correctional Services and in French as ministère des Services correctionnels is continued. R.S.O. 1990, c. M.22, s. 2 (1).

Minister to preside

(2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.22, s. 2 (2).

Deputy Minister

3. The Lieutenant Governor in Council shall appoint a Deputy Minister of Correctional Services who shall be the deputy head of the Ministry. R.S.O. 1990, c. M.22, s. 3.

Duties of Minister

4. The Minister is responsible for the administration of this Act and any Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 4.

Functions of Ministry

5. It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them a social environment in which they may achieve changes in attitude by providing training, treatment and services designed to afford them opportunities for successful personal and social adjustment in the community, and, without limiting the generality of the foregoing, the objects of the Ministry are to,

Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 19 (1) by striking out “It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them a social environment” at the beginning and substituting “It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them an environment”. See: 2002, c. 18, Sched. N, ss. 19 (1), 72 (2).

(a) provide for the custody of persons awaiting trial or convicted of offences;

(b) establish, maintain and operate correctional institutions;

(c) provide for the open custody, secure custody and temporary detention of young persons awaiting trial, found guilty or convicted of offences;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 19 (2) and the following substituted:

(c) provide for the custody of young persons awaiting trial or found guilty or convicted of offences;

See: 2002, c. 18, Sched. N, ss. 19 (2), 72 (2).

(d) establish, maintain and operate places of open custody, secure custody and temporary detention;

(e) provide programs and facilities designed to assist in the rehabilitation of inmates and young persons;

(f) establish and operate a system of parole;

(g) provide probation services;

(h) provide supervision of non-custodial dispositions, where appropriate; and

(i) provide programs for the prevention of crime. R.S.O. 1990, c. M.22, s. 5.

Employees

6. Such employees as are required from time to time for the proper conduct of the Ministry may be appointed under the Public Service Act. R.S.O. 1990, c. M.22, s. 6.

Delegation of Minister’s powers

7. Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing delegate that power or duty to the Deputy Minister, or to any officer or officers of the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.22, s. 7.

Agreements to provide corrective services

8. (1) The Minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the Crown in right of Ontario, make agreements with the Crown in right of Canada or of any province of Canada or with any municipality respecting,

(a) the exchange of services provided by the Ministry;

(b) the transfer of inmates or of young persons serving custodial sentences;

(c) any matter relating to the supervision and rehabilitation of an inmate, parolee, probationer or young person; or

(d) any matter for the administration of which the Minister is responsible. R.S.O. 1990, c. M.22, s. 8 (1).

Persons under sixteen

(2) With the approval of a provincial director, services may be provided under this Act to a person who is a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) but not within the meaning of the definition of “young person” in section 1. R.S.O. 1990, c. M.22, s. 8 (2); 2006, c. 19, Sched. D, s. 12 (13).

Idem

(3) A person who is the subject of an approval under subsection (2) shall be deemed to be a young person for the purposes of this Act. R.S.O. 1990, c. M.22, s. 8 (3).

Agreements

(4) The Minister, for and in the name of the Crown, may enter into any contract or agreement that he or she considers advisable for the purpose of carrying out the provisions of this Act. R.S.O. 1990, c. M.22, s. 8 (4).

Idem

(5) The employees of the Ministry under the direction of the Minister or the Deputy Minister may enter into contracts or agreements for and in the name of the Crown to carry out the responsibilities of the Ministry under this Act. R.S.O. 1990, c. M.22, s. 8 (5).

Same

(6) Without limiting the generality of subsections (4) and (5), a contract or agreement under either of those subsections may authorize or require an individual, corporation, partnership or unincorporated association to provide correctional services. 2000, c. 40, s. 2.

Volunteers

9. Every person providing volunteer services to the Ministry shall serve under the direction of an employee of the Ministry, a contractor or an employee of a contractor. R.S.O. 1990, c. M.22, s. 9; 2000, c. 40, s. 3.

Confidentiality

10. (1) Every person employed in the administration of this Act, including any person making an inspection, investigation or inquiry under this Act, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inspection, investigation or inquiry and shall not communicate any such matters to any other person except,

(a) as may be required in connection with the administration of this Act, the Parole Act (Canada), the Penitentiary Act (Canada), the Prisons and Reformatories Act (Canada), the Young Offenders Act (Canada), the Youth Criminal Justice Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder;

(b) to the Ombudsman of Ontario or Correctional Investigator of Canada;

(c) in statistical form if the person’s name or identity is not revealed therein;

(d) with the approval of the Minister. R.S.O. 1990, c. M.22, s. 10; 2006, c. 19, Sched. D, s. 12 (14).

Exception

(2) Despite subsection (1) and any other Act, a person employed in the administration of this Act who is designated in the regulations may disclose personal information about an individual in accordance with the regulations. 1997, c. 17, s. 6.

Purpose of disclosure

(3) Any disclosure made under subsection (2) shall be for one or more of the following purposes:

1. Protection of the public.

2. Protection of victims of crime.

3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.

4. Law enforcement.

5. Correctional purposes.

6. Administration of justice.

7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.

8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. 1997, c. 17, s. 6.

Personal information

(4) Any disclosure made under subsection (2) shall be deemed to be in compliance with clause 42 (e) of the Freedom of Information and Protection of Privacy Act. 1997, c. 17, s. 6.

Same

(5) If personal information is disclosed under subsection (2) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information. 1997, c. 17, s. 6.

Designation of peace officers

11. (1) The Minister may designate in writing,

(a) a person who is an employee of the Ministry or is employed at a place of open custody, secure custody or temporary detention, to be a peace officer while performing the person’s duties and functions; or

(b) a class or classes of persons from among the persons described in clause (a), to be peace officers while performing their duties and functions,

and may set out in the designation any conditions or limitations to which it is subject. R.S.O. 1990, c. M.22, s. 11 (1).

Designation not a regulation

(2) A designation under subsection (1) is not a regulation within the meaning of the Regulations Act. R.S.O. 1990, c. M.22, s. 11 (2).

Protection from personal liability

12. (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty or for any act of an inmate, parolee, probationer or young person while under his or her custody and supervision. R.S.O. 1990, c. M.22, s. 12 (1).

Idem

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. M.22, s. 12 (2).

Compassionate allowance

13. The Lieutenant Governor in Council may pay a compassionate allowance in the prescribed manner and amounts as compensation to an inmate or young person for permanent disability arising from an injury suffered while engaged in an authorized activity at a correctional institution or place of open custody, secure custody or temporary detention or to any other person for injury or damage inflicted upon that person by an inmate or young person while under the custody and supervision of the Ministry. R.S.O. 1990, c. M.22, s. 13.

PART II
CORRECTIONAL INSTITUTIONS

Correctional institutions

14. (1) The correctional institutions existing immediately before the coming into force of the Revised Statutes of Ontario, 1990 continue to exist as correctional institutions. R.S.O. 1990, c. M.22, s. 14 (1).

Idem

(2) The Lieutenant Governor in Council may, by order, establish or discontinue a correctional institution. R.S.O. 1990, c. M.22, s. 14 (2).

Designated correctional institutions

(3) The Lieutenant Governor in Council may, by order, designate any place as a correctional institution for the temporary custody of inmates for such period as is stated in the order and may, by order, exempt the place so designated from the application of this Act or any part of it. R.S.O. 1990, c. M.22, s. 14 (3).

Local monitoring boards

14.1 The Minister may establish a local monitoring board for a correctional institution, composed of persons appointed by the Minister. 2000, c. 40, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 20 by adding the following section:

Maximum and medium security custody programs

14.2 The Minister may establish in correctional institutions,

(a) maximum security custody programs, in which restrictions are continuously imposed on the liberty of inmates by physical barriers, close staff supervision or limited access to the community; and

(b) medium security custody programs, in which restrictions that are less stringent than in a maximum security custody program are imposed on the liberty of inmates. 2002, c. 18, Sched. N, s. 20.

See: 2002, c. 18, Sched. N, ss. 20, 72 (2).

Community resource centre

15. The Minister may designate any facility as a community resource centre for the rehabilitation and supervision of inmates, parolees or probationers in a community setting away from a correctional institution and the Minister may withdraw a designation from such a facility. R.S.O. 1990, c. M.22, s. 15.

Custody before sentencing

15.1 A person, other than a young person, who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution. 2002, c. 18, Sched. N, s. 21.

Sentence to correctional institution

16. (1) The court before which a person is convicted under an Act of the Legislature of an offence punishable by imprisonment may sentence the person to imprisonment in a correctional institution. R.S.O. 1990, c. M.22, s. 16 (1).

Same

(2) A person who has been sentenced to imprisonment in a correctional institution may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution. 2002, c. 18, Sched. N, s. 22.

Exception

(3) Subsections (1) and (2) do not apply to young persons. R.S.O. 1990, c. M.22, s. 16 (3).

Warrant ineffective to specify correctional institution

17. A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional institution, as directed by the Ministry, and any designation of a particular correctional institution in a warrant of committal is of no force or effect. 2002, c. 18, Sched. N, s. 23.

18. Repealed: 2002, c. 18, Sched. N, s. 24.

Provincial bailiffs

19. (1) The Minister may appoint provincial bailiffs who may convey an inmate in custody at a correctional institution to another correctional institution or penitentiary in which the inmate is lawfully directed to be confined. R.S.O. 1990, c. M.22, s. 19 (1).

(2) Repealed: 1997, c. 39, s. 8.

Powers

(3) A provincial bailiff has the powers of a constable when conveying an inmate under this section. R.S.O. 1990, c. M.22, s. 19 (3).

Superintendent of correctional institution

20. (1) The Minister shall, for each correctional institution, designate one or more superintendents of the institution. 2000, c. 40, s. 5 (1); 2002, c. 18, Sched. N, s. 25 (1).

Responsibility for administration

(1.1) The superintendent shall be responsible for the administration of the correctional institution. 2000, c. 40, s. 5 (1); 2002, c. 18, Sched. N, s. 25 (2).

Duties

(2) The superintendent shall receive into the institution every person delivered under lawful authority for detention in the institution and is responsible for the custody and supervision of such person until his or her term of imprisonment is completed or until the person is transferred or otherwise discharged in due course of law. 2002, c. 18, Sched. N, s. 25 (3).

Deputy superintendent

(3) The Minister may designate one or more deputy superintendents of a correctional institution to be responsible for the administration of the institution when the superintendent, by reason of absence, illness or other cause, is unable to carry out his or her duties. 2002, c. 18, Sched. N, s. 25 (4).

Limitations

(4) A designation under subsection (1) or (3) may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation. 2000, c. 40, s. 5 (2).

Persons designated

(5) A person designated under subsection (1) or (3) may be an employee of the Ministry or any other person. 2000, c. 40, s. 5 (2).

Use of correctional institution lock-up

21. (1) The Minister may designate a correctional institution for use by a municipality as a lock-up and, where the Minister makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up. 2002, c. 18, Sched. N, s. 26.

Payment by municipality

(2) The municipality shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year. 2002, c. 18, Sched. N, s. 26.

Inspection, investigation

22. (1) The Minister may designate any person as an inspector to make such inspection or investigation as the Minister may require in connection with the administration of this Act, and the Minister may and has just cause to dismiss any employee of the Ministry who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation. R.S.O. 1990, c. M.22, s. 22.

Offence for obstructing inspection

(2) A contractor or employee of a contractor who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 6.

Ministerial inquiry

23. The Minister may, by order, appoint a person to make an inquiry into any matter to which this Act applies as may be specified in the Minister’s order and the person so appointed shall report the result of the inquiry to the Minister and, for the purposes of the inquiry, the person making it has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act. R.S.O. 1990, c. M.22, s. 23.

Searches

23.1 (1) The superintendent of a correctional institution may authorize a search, to be carried out in the prescribed manner, of,

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

(b) the person of any inmate or other person on the premises of the correctional institution;

(c) the property of any inmate or other person on the premises of the correctional institution;

(d) any vehicle entering or on the premises of the correctional institution. 2002, c. 18, Sched. N, s. 27.

Contraband

(2) Any contraband found during a search may be seized and disposed of in the prescribed manner. 2002, c. 18, Sched. N, s. 27.

Same

(3) For the purpose of subsection (2),

“contraband” means,

(a) anything that an inmate is not authorized to have,

(b) anything that an inmate is authorized to have but in a place where he or she is not authorized to have it,

(c) anything that an inmate is authorized to have but in a quantity that he or she is not authorized to have it, and

(d) anything that an inmate is authorized to have but which is being used for a purpose for which he or she is not authorized to use it. 2002, c. 18, Sched. N, s. 27.

Hospitalization and mental examinations

Medical treatment

24. (1) Where an inmate requires medical treatment that cannot be supplied at the correctional institution, the superintendent shall arrange for the inmate to be conveyed to a hospital or other health facility. 2002, c. 18, Sched. N, s. 28.

Psychiatric treatment

(2) Where an inmate requires hospitalization in a psychiatric facility under the Mental Health Act, the superintendent shall arrange for the inmate to be conveyed to a psychiatric facility. 2002, c. 18, Sched. N, s. 28.

Mental examination

(3) The superintendent may direct that an examination be made of an inmate by a psychiatrist or psychologist for the purpose of assessing the emotional and mental condition of the inmate. 2002, c. 18, Sched. N, s. 28.

Rehabilitation programs

25. The Minister may establish rehabilitation programs under which inmates may be granted the privilege of continuing to work at their regular employment, obtaining new employment, attending academic institutions, or participating in any other program that the Minister may consider advisable in order that such persons may have a better opportunity for rehabilitation. R.S.O. 1990, c. M.22, s. 25.

Work outside institution

26. (1) The Minister may authorize an inmate or group of inmates to participate in a work project or rehabilitation program outside the correctional institution in which the inmate or inmates are confined and the Minister may authorize the absence of the inmate or group of inmates from the correctional institution for that purpose on such terms and conditions as the Minister may specify. R.S.O. 1990, c. M.22, s. 26 (1).

Idem

(2) Every inmate who is absent from a correctional institution under subsection (1) shall comply with such terms and conditions as are specified by the Minister. R.S.O. 1990, c. M.22, s. 26 (2).

Offence

(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 26 (3).

Temporary absence

27. (1) Where, in the opinion of a person, designated by the Lieutenant Governor in Council for the purpose, it is necessary or desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation, the person may authorize the temporary absence of the inmate on such terms and conditions as the person may specify. R.S.O. 1990, c. M.22, s. 27 (1); 2000, c. 40, s. 7; 2002, c. 18, Sched. N, s. 29.

Idem

(2) Every inmate temporarily absent under subsection (1) shall comply with such terms and conditions as are specified and shall return to the correctional institution at the expiration of the period for which the inmate is authorized to be at large. R.S.O. 1990, c. M.22, s. 27 (2).

Offence

(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 27 (3).

Custody

27.1 An inmate shall be deemed to be in the custody of a correctional institution for the purposes of this Act even if he or she is not on the premises of the correctional institution, so long as he or she is in the custody of a correctional officer. 2002, c. 18, Sched. N, s. 30.

Remission

28. (1) Every inmate may be credited with remission of his or her sentence and is subject to the forfeitures of such remission equivalent to that provided for in the Prisons and Reformatories Act (Canada). R.S.O. 1990, c. M.22, s. 28 (1); 2002, c. 18, Sched. N, s. 31 (1).

Restoration of forfeiture remission

(2) Where an inmate has forfeited the whole or any part of his or her remission, a person designated by the Minister for the purpose may, where the person is satisfied that it is in the interest of the inmate’s rehabilitation, remit the whole or any part of such forfeiture. R.S.O. 1990, c. M.22, s. 28 (2); 2002, c. 18, Sched. N, s. 31 (2).

Surrender of remission

(3) Where an inmate offers to surrender the whole or any part of his or her remission and where, in the opinion of the superintendent, it is necessary or desirable that the inmate remain confined in the correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation for a period of time after the day on which the inmate is eligible to be released by reason of remission, the superintendent may authorize the surrender of remission by the inmate. 2002, c. 18, Sched. N, s. 31 (3).

Supervision, privileges continued

(4) Where an inmate surrenders remission under subsection (3), the inmate shall remain confined in the correctional institution for such further period that corresponds to the amount of remission surrendered, under the same control and supervision and with the same privileges as if the inmate were not eligible to be released at that time. R.S.O. 1990, c. M.22, s. 28 (4).

Withdrawal

(5) Despite subsection (3), a superintendent may withdraw an authorization and an inmate may withdraw a surrender of remission at any time after the day on which the inmate was eligible for release from the correctional institution, and where such withdrawal is made in writing, the inmate shall be released from the institution forthwith. R.S.O. 1990, c. M.22, s. 28 (5); 2002, c. 18, Sched. N, s. 31 (4).

Determinations of remission

28.1 A determination of whether an inmate has earned remission under the Prisons and Reformatories Act (Canada) or section 28 of this Act shall comply with the requirement under subsection 6 (1) of the Prisons and Reformatories Act that inmates earn remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote inmates’ rehabilitation and reintegration as determined in accordance with the regulations made under clause 60 (1) (d.1). 2000, c. 40, s. 8.

29. Repealed: 2002, c. 18, Sched. N, s. 32.

Ministry employees, conflicts of interest, etc.

Employees not to be interested in contracts

30. (1) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, either in the person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any materials, goods or provisions for the use of a correctional institution or community resource centre, or have an interest, directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto. R.S.O. 1990, c. M.22, s. 30 (1); 2002, c. 18, Sched. N, s. 33 (1).

Employees not to trade, etc., with persons in custody

(2) No person employed in the Ministry shall, without the approval of the Minister, buy from or sell to any inmate, parolee or probationer anything whatsoever or take or receive to the person’s own use or for the use of any other person, any fee or gratuity from any inmate in a correctional institution or from any visitor thereto or any parolee or probationer or from any other person in respect of an inmate, parolee or probationer. R.S.O. 1990, c. M.22, s. 30 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 33 (2) by striking out “No person employed in the Ministry” at the beginning and substituting “No person employed in the Ministry or by a contractor”. See: 2002, c. 18, Sched. N, ss. 33 (2), 72 (2).

Offence

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. M.22, s. 30 (3).

PART III
ONTARIO PAROLE AND EARNED RELEASE BOARD

Meaning of “Board”, Part III

31. In this Part,

“Board” means the Ontario Parole and Earned Release Board continued by section 32. 2000, c. 40, s. 10.

Ontario Parole and Earned Release Board

32. (1) The Board of Parole is continued as a board known in English as the Ontario Parole and Earned Release Board and in French as Commission ontarienne des libérations conditionnelles et des mises en liberté méritées. 2000, c. 40, s. 10.

Composition

(2) The Board shall be composed of such full-time and part-time members appointed by the Lieutenant Governor in Council as the Lieutenant Governor in Council may consider necessary. 2000, c. 40, s. 10.

Provincial parole board

(3) For the purposes of any Act of the Parliament of Canada, the Board is the provincial parole board for Ontario. 2000, c. 40, s. 10.

Board chair and quorum

33. (1) The Lieutenant Governor in Council may designate one of the members of the Board to be the chair thereof. R.S.O. 1990, c. M.22, s. 33 (1).

Same

(2) Two members of the Board constitute a quorum, but if the Board fails to reach a decision on any matter, question or thing that was examined or heard by only two members, the Board shall re-examine or rehear the matter, question or thing. 1996, c. 1, Sched. P, s. 1.

Remuneration of part-time members

34. The members of the Board who are part-time members shall serve without salary but may be paid such expenses and allowances for attendance at Board meetings and for other attendances in connection with the business of the Board as may be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 34.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 34 by adding the following section:

Exclusive jurisdiction of Board

34.1 (1) The Board has exclusive jurisdiction to examine, hear and determine all matters and questions relating to the release of inmates on parole and any matter or thing in respect of which any power, authority or discretion is conferred upon the Board by or under this Act or which is conferred upon a provincial parole board by the Corrections and Conditional Release Act (Canada). 2002, c. 18, Sched. N, s. 34.

Remission

(2) The Board has exclusive jurisdiction in the prescribed circumstances to determine whether an inmate has earned remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) or section 28 of this Act. 2002, c. 18, Sched. N, s. 34.

Decisions final

(3) Any action or decision of the Board on a matter, question or thing for which it has exclusive jurisdiction is final and conclusive and is not open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by application for judicial review or otherwise into any court. 2002, c. 18, Sched. N, s. 34.

See: 2002, c. 18, Sched. N, ss. 34, 72 (2).

Granting of parole

35. Subject to the regulations, the Board may order the release from custody on parole of any inmate convicted of an offence under any Act of the Legislature, any Act of the Parliament of Canada or against a municipal by-law upon such conditions as the Board may determine. R.S.O. 1990, c. M.22, s. 35.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 35 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 35 by adding the following subsection:

Application for parole

(2) Upon an application by an inmate for parole, the Board shall,

(a) grant parole upon the conditions that it considers appropriate; or

(b) deny parole. 2002, c. 18, Sched. N, s. 35.

See: 2002, c. 18, Sched. N, ss. 35, 72 (2).

Remission

35.1 In the prescribed circumstances, determinations of whether an inmate has earned remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) or section 28 of this Act may be made by the Board. 2000, c. 40, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 35.1 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 36. See: 2002, c. 18, Sched. N, ss. 36, 72 (2).

Jurisdiction

36. The Board has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in respect of which any power, authority or discretion is conferred upon the Board, and the action or decision of the Board thereon is final and conclusive and is not open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by application for judicial review or otherwise into any court. R.S.O. 1990, c. M.22, s. 36.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 36 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 37 and the following substituted:

Revocation of parole before release

36. (1) Where parole has been granted but the inmate has not yet been released from custody on parole, the Board may revoke its grant of parole if,

(a) it obtains new information that is relevant to its decision to grant parole; or

(b) the inmate requests that the grant be revoked. 2002, c. 18, Sched. N, s. 37.

New hearing

(2) Where the Board has revoked a grant of parole under clause (1) (a), the Board shall hold a new hearing to determine whether to grant parole or not, unless the inmate waives his or her right to the hearing. 2002, c. 18, Sched. N, s. 37.

Powers

(3) After the hearing under subsection (2), the Board may,

(a) grant parole upon the conditions that it considers appropriate; or

(b) deny parole. 2002, c. 18, Sched. N, s. 37.

See: 2002, c. 18, Sched. N, ss. 37, 72 (2).

Victims

36.1 Victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences may participate in proceedings of the Board in accordance with the regulations. 2002, c. 12, s. 1.

Parole term to include remission

37. Where parole is granted, the term of parole shall include any portion of remission standing to the credit of the parolee when he or she is released. R.S.O. 1990, c. M.22, s. 37.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 38 and the following substituted:

Remission

37. Where parole is granted under section 35 or 36, the term of parole shall include any portion of remission standing to the credit of the parolee when he or she is released and shall end upon the expiration of his or her sentence as set out in his or her warrant of committal. 2002, c. 18, Sched. N, s. 38.

See: 2002, c. 18, Sched. N, ss. 38, 72 (2).

Information re parolees

38. When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be paroled to submit such information to the Board in writing. R.S.O. 1990, c. M.22, s. 38; 1997, c. 39, s. 9.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 38 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 39 and the following substituted:

Duty to submit information to Board

38. When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be paroled or released on a temporary absence to submit such information to the Board or to a person employed in the administration of this Act and authorized by the Ministry for the purpose. 2002, c. 18, Sched. N, s. 39.

See: 2002, c. 18, Sched. N, ss. 39, 72 (2).

Failure to observe parole conditions

39. (1) A member of the Board, or such other person as is designated by the Board for the purpose, who believes on reasonable and probable grounds that a parolee has failed to observe any of the conditions of his or her parole, may authorize the arrest and return to a correctional institution of the parolee by a warrant in writing signed by the member or person. R.S.O. 1990, c. M.22, s. 39 (1).

Review

(2) Where a parolee has been returned to a correctional institution under subsection (1), the Board shall review the parole as soon as possible thereafter, and shall decide either to revoke the parole or to release the parolee and allow him or her to continue on parole. R.S.O. 1990, c. M.22, s. 39 (2).

Calculation of term if parole revoked

(3) Where parole is revoked under subsection (2), the parolee shall, despite the fact that parole was granted before the 20th day of June, 1978, serve the portion of his or her term of imprisonment, including any remission, that remained unexpired at the time parole was granted, less,

(a) the period of time spent on parole after the 20th day of June, 1978;

(b) the period of time during which parole was suspended and the parolee was in custody; and

(c) any remission earned after the 20th day of June, 1978 applicable to the period during which the parole was suspended and the parolee was in custody. R.S.O. 1990, c. M.22, s. 39 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 39 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 40 and the following substituted:

Suspension of parole after release

39. (1) A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in circumstances described in subsection (2),

(a) suspend a parolee’s parole;

(b) authorize the apprehension of the parolee; and

(c) authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the sentence expires according to law. 2002, c. 18, Sched. N, s. 40.

Circumstances

(2) Subsection (1) applies if,

(a) the parolee breaches a condition of his or her parole; or

(b) the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and reasonable to suspend the parole in order to,

(i) prevent a breach of a condition of parole, or

(ii) protect any person from danger or any property from damage. 2002, c. 18, Sched. N, s. 40.

Review hearing

(3) The Board shall hold a hearing to review the granting and suspension of the inmate’s parole as soon as possible after a parolee has been recommitted to custody under subsection (1). 2002, c. 18, Sched. N, s. 40.

Revocation or reinstatement of parole

(4) The Board shall consider the reasons for suspending the parole and the submissions, if any, of the inmate and shall, after a hearing under subsection (3),

(a) lift the suspension of the parole and allow the inmate to be released and continue his or her parole upon the conditions that it considers appropriate; or

(b) revoke the parole. 2002, c. 18, Sched. N, s. 40.

Calculation of term if parole revoked

(5) Where parole is revoked by the Board after a hearing under subsection (3), the parolee shall, even if his or her parole had been granted before the coming into force of section 40 of Schedule N to the Government Efficiency Act, 2002, serve the remaining portion of his or her term of imprisonment, including any remission that was to his or her credit at the time parole was granted, less,

(a) the period of time spent on parole;

(b) the period of time during which parole was suspended and the parolee was in custody; and

(c) any remission credited to the parolee applicable to the period during which the parolee is in custody after his or her parole was suspended. 2002, c. 18, Sched. N, s. 40.

Same

(6) Despite subsection (5), the Board may recredit an inmate whose parole is revoked through no fault of the inmate with all or part of the remission which the inmate would have been eligible to earn, if parole had not been granted, up to the time the parole was suspended and the parolee was in custody. 2002, c. 18, Sched. N, s. 40.

See: 2002, c. 18, Sched. N, ss. 40, 72 (2).

Annual report

40. The Board shall in each year make a report in writing to the Lieutenant Governor in Council of the history and proceedings of the Board during the twelve-month period ending on the 31st day of March of such year. R.S.O. 1990, c. M.22, s. 40.

Act not to affect executive power to reprieve, pardon, etc.

41. Nothing in this Act shall be construed as affecting or impairing or as intending or purporting to affect or impair the powers of the Governor General of Canada or the Lieutenant Governor of Ontario to grant a reprieve, pardon or commutation of sentence in any case. R.S.O. 1990, c. M.22, s. 41.

PART IV
ADULT PROBATION

Meaning of “court”, Part IV

42. In this Part,

“court” means a court of criminal jurisdiction. R.S.O. 1990, c. M.22, s. 42.

Appointment of probation officers

43. (1) Such probation officers as are considered necessary for the purposes of this Act shall be appointed under the Public Service Act. R.S.O. 1990, c. M.22, s. 43 (1).

Jurisdiction

(2) Every probation officer appointed in accordance with subsection (1) is a probation officer in and for the Province of Ontario and shall perform his or her duties in such part of Ontario as is assigned from time to time by the Minister. R.S.O. 1990, c. M.22, s. 43 (2).

Same

(3) Every probation officer appointed in accordance with subsection (1) is a probation officer for the purposes of,

(a) this Act, the Provincial Offences Act, the Child and Family Services Act and any other Act of the Legislature; and

(b) the Criminal Code (Canada), the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada). 2002, c. 18, Sched. N, s. 41; 2006, c. 19, Sched. D, s. 12 (15).

Duties of probation officer

44. (1) It is the duty of a probation officer,

(a) to procure and report to a court such information pertaining to a person found to have committed an offence as the court may require for the purpose of making a disposition of the case;

(b) to make recommendations in the report referred to in clause (a) as to the disposition of the case upon being requested by the court;

(c) to comply with any direction made to the probation officer by a court in a probation order. R.S.O. 1990, c. M.22, s. 44 (1).

Variation of direction

(2) Where a probation officer is of the opinion that compliance with a direction issued by a court is inconvenient or impossible, the probation officer may apply to the court for a variation of its direction, and the court, upon consideration of the reasons for the application, may vary its direction to the probation officer as it considers appropriate in the circumstances. R.S.O. 1990, c. M.22, s. 44 (2).

Duties assigned by Minister

(3) In addition to the duties of a probation officer referred to in subsection (1), a probation officer shall perform such other duties as are assigned by the Minister. R.S.O. 1990, c. M.22, s. 44 (3).

PART V
YOUNG PERSONS

Meaning of “Board”, Part V

45. In this Part,

“Board” means the Custody Review Board continued by subsection 51 (1). R.S.O. 1990, c. M.22, s. 45.

Appointments by Minister

46. (1) The Minister may appoint any person as,

(a) a provincial director, to perform any or all of the duties and functions of a provincial director,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations; and

(b) a youth worker, to perform any or all of the duties and functions of a youth worker,

(i) under the Young Offenders Act (Canada),

(ii) under the Youth Criminal Justice Act (Canada), and

(iii) under this Act or the regulations. 2006, c. 19, Sched. D, s. 12 (16).

Limitations, etc., on appointments

(2) The Minister may set out in an appointment made under subsection (1) any conditions or limitations to which it is subject. R.S.O. 1990, c. M.22, s. 46 (2).

Temporary detention and secure custody programs

Secure and open temporary detention programs

47. (1) The Minister may establish,

(a) secure temporary detention programs, in which restrictions are continuously imposed on the liberty of young persons by physical barriers, close staff supervision or limited access to the community; and

(b) open temporary detention programs, in which restrictions that are less stringent than in a secure temporary detention program are imposed on the liberty of young persons,

in places of temporary detention. R.S.O. 1990, c. M.22, s. 47 (1).

(2) Repealed: 2006, c. 19, Sched. D, s. 12 (17).

Officers and other Ministry employees

Bailiffs

48. (1) Section 19 (provincial bailiffs) applies with necessary modifications to the transfer of young persons in accordance with this Act, the Young Offenders Act (Canada) and the Youth Criminal Justice Act (Canada). R.S.O. 1990, c. M.22, s. 48 (1); 2006, c. 19, Sched. D, s. 12 (18).

Directors, superintendents

(2) Subsections 20 (1), (1.1), (2), (4) and (5) apply with necessary modifications to places of open custody, secure custody and temporary detention. R.S.O. 1990, c. M.22, s. 48 (2); 2000, c. 40, s. 12.

Employee interest in contracts

(3) Section 30 (employee interest in contracts) applies with necessary modifications in respect of places of open custody, secure custody and temporary detention and in respect of young persons. R.S.O. 1990, c. M.22, s. 48 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 48 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 42 and the following substituted:

Provincial bailiffs

48. (1) The Minister may appoint provincial bailiffs who may convey a young person in custody at a youth facility to another youth facility or to a correctional institution or penitentiary in which the young person is lawfully directed to be confined. 2002, c. 18, Sched. N, s. 42.

Powers

(2) A provincial bailiff has the powers of a constable when conveying a young person under this section. 2002, c. 18, Sched. N, s. 42.

See: 2002, c. 18, Sched. N, ss. 42, 72 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 43 by adding the following section:

Superintendents

48.1 (1) The Minister shall, for each place of secure custody and for each place of temporary detention, designate one or more superintendents of the place. 2002, c. 18, Sched. N, s. 43.

Directors

(2) The Minister shall, for each place of open custody, designate one or more directors of the place. 2002, c. 18, Sched. N, s. 43.

Responsibility for administration

(3) The superintendent or director shall be responsible for the administration of the place of secure custody, temporary detention or open custody. 2002, c. 18, Sched. N, s. 43.

Duties

(4) The superintendent or director shall receive into the youth facility every young person delivered under lawful authority for detention in the facility and is responsible for the custody and supervision of such young person until his or her term of imprisonment is completed or until the young person is transferred or otherwise discharged in due course of law. 2002, c. 18, Sched. N, s. 43.

Deputy director, deputy superintendent

(5) The Minister may designate one or more deputy superintendents or deputy directors of a youth facility to be responsible for the administration of the facility when the superintendent or director, by reason of absence, illness or other cause, is unable to carry out his or her duties. 2002, c. 18, Sched. N, s. 43.

Limitations

(6) A designation under subsection (1), (2) or (5) may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation. 2002, c. 18, Sched. N, s. 43.

Persons designated

(7) A person designated under subsection (1), (2) or (5) may be an employee of the Ministry or any other person. 2002, c. 18, Sched. N, s. 43.

See: 2002, c. 18, Sched. N, ss. 43, 72 (2).

Temporary detention

Open detention unless provincial director determines otherwise

49. (1) A young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of temporary detention shall be detained in a place of open temporary detention unless a provincial director determines under subsection (2) that the young person is to be detained in a place of secure temporary detention. 2006, c. 19, Sched. D, s. 12 (20).

Where secure detention available

(2) A provincial director may detain a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act in a place of secure temporary detention,

(a) if the young person,

(i) is charged with an offence that includes causing or attempting to cause serious bodily harm to another person,

(ii) has, at any time, failed to appear in court when required to do so under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada), or escaped or attempted to escape from lawful detention, or

(iii) has, within the 12 months immediately preceding the offence on which the current charge is based, been convicted of an offence for which an adult would be liable to imprisonment for five years or more; or

(b) where the provincial director is satisfied that it is necessary to detain the young person in a place of secure temporary detention,

(i) to ensure the young person’s attendance in court, or

(ii) to protect the public interest or safety. 2006, c. 19, Sched. D, s. 12 (20).

Same

(3) Despite subsection (1), a young person who is detained under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) in a place of temporary detention may be detained in a place of secure temporary detention for a period not exceeding 24 hours while a provincial director makes a determination in respect of the young person under subsection (2). 2006, c. 19, Sched. D, s. 12 (20).

Review by youth justice court

(4) A young person who is being detained in a place of secure temporary detention and is brought before a youth justice court for a review under the Criminal Code (Canada) may request that the youth justice court review the level of the young person’s detention, and the youth justice court may confirm the provincial director’s decision under subsection (2) or may direct that the young person be transferred to a place of open temporary detention. 2006, c. 19, Sched. D, s. 12 (20).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 49 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 44 and the following substituted:

Searches

49. (1) The superintendent of a place of secure custody or temporary detention may authorize a search, to be carried out in the prescribed manner, of,

(a) the place of secure custody or temporary detention or any part of the place;

(b) the person of any young person confined to the place or other person on the premises of the place;

(c) the property of any young person confined to the place or other person on the premises of the place;

(d) any vehicle entering or on the premises of the place. 2002, c. 18, Sched. N, s. 44.

Same

(2) The director of a place of open custody may authorize a search, to be carried out in the prescribed manner, of,

(a) the place of open custody or any part of the place;

(b) the person of any young person confined to the place or any employee of the place on the premises of the place;

(c) the property of any young person confined to the place or any employee of the place on the premises of the place. 2002, c. 18, Sched. N, s. 44.

Contraband

(3) Any contraband found during a search may be seized and disposed of in the prescribed manner. 2002, c. 18, Sched. N, s. 44.

Same

(4) For the purpose of subsection (3),

“contraband” means,

(a) anything that a young person is not authorized to have,

(b) anything that a young person is authorized to have but in a place where he or she is not authorized to have it,

(c) anything that a young person is authorized to have but in a quantity that he or she is not authorized to have it, and

(d) anything that a young person is authorized to have but which is being used for a purpose for which he or she is not authorized to use it. 2002, c. 18, Sched. N, s. 44.

See: 2002, c. 18, Sched. N, ss. 44, 72 (2).

Medium security custody

50. (1) A young person who is committed to secure custody under the Young Offenders Act (Canada) shall be held in a medium security place of custody unless a provincial director determines under subsection (2) that the young person is to be held in a maximum security place of custody. R.S.O. 1990, c. M.22, s. 50 (1).

Exceptions

(2) A provincial director may place a young person in or transfer a young person to a maximum security place of custody if the young person is committed to secure custody under the Young Offenders Act (Canada) and,

(a) the offence for which the young person is committed to secure custody includes causing or attempting to cause serious bodily harm to another person;

(b) the young person has, within the twelve months immediately preceding the offence for which the young person is committed to secure custody,

(i) been held in a maximum security place of custody, or

(ii) been found guilty of an offence for which an adult would be liable to imprisonment for five years or more; or

(c) the provincial director is satisfied that it would not be appropriate to hold the young person in a medium security place of custody, having regard to,

(i) the young person’s age and previous history,

(ii) the circumstances of the commission of the offence for which the young person is committed to secure custody,

(iii) the contents of a pre-disposition report,

(iv) the needs of the young person, and

(v) the need to protect the public interest and safety. R.S.O. 1990, c. M.22, s. 50 (2).

Transfer from maximum to medium security custody

(3) A provincial director may transfer a young person from a maximum security place of custody to a medium security place of custody if the provincial director is satisfied that the transfer is justified because the young person has made sufficient progress or for some other appropriate reason. R.S.O. 1990, c. M.22, s. 50 (3).

Reasons

(4) A provincial director who makes a determination under this section shall give written reasons for the determination to the young person. R.S.O. 1990, c. M.22, s. 50 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 45 and the following substituted:

Rehabilitation programs

50. The Minister may establish rehabilitation programs under which young persons may be granted the privilege of continuing to work at their regular employment, obtaining new employment, attending academic institutions, or participating in any other program that the Minister may consider advisable in order that such young persons may have a better opportunity for rehabilitation. 2002, c. 18, Sched. N, s. 45.

See: 2002, c. 18, Sched. N, ss. 45, 72 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 46 by adding the following section:

Work outside facility

50.1 (1) The Minister may authorize a young person or group of young persons to participate in a work project or rehabilitation program outside the youth facility in which the young person or young persons are confined and the Minister may authorize the absence of the young person or group of young persons from the youth facility for that purpose on such terms and conditions as the Minister may specify. 2002, c. 18, Sched. N, s. 46.

Same

(2) Every young person who is absent from a youth facility under subsection (1) shall comply with such terms and conditions as are specified by the Minister. 2002, c. 18, Sched. N, s. 46.

Offence

(3) Every young person who contravenes subsection (2) without lawful excuse, the proof of which lies upon the young person, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year. 2002, c. 18, Sched. N, s. 46.

See: 2002, c. 18, Sched. N, ss. 46, 72 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 47 by adding the following section:

Custody

50.2 (1) A young person shall be deemed to be in the custody of a youth facility for the purposes of this Act even if he or she is not on the premises of the facility, so long as he or she is in the custody of a youth worker. 2002, c. 18, Sched. N, s. 47.

Before order of disposition

(2) A young person who is lawfully detained in a youth facility but not subject to an order of disposition may be detained in any youth facility, as directed by the Ministry, or in the custody of a provincial bailiff or of a person employed in a youth facility. 2002, c. 18, Sched. N, s. 47.

After order of disposition

(3) A young person who is lawfully detained in a youth facility pursuant to an order of disposition may be detained in any youth facility, as directed by the Ministry, or in the custody of a provincial bailiff or of a person employed in a youth facility. 2002, c. 18, Sched. N, s. 47.

Warrant or order ineffective to specify youth facility

(4) A young person who is ordered, committed or transferred to a youth facility may be received into any youth facility, as directed by the Ministry, and any designation of a particular youth facility in an order of disposition or warrant is of no force or effect. 2002, c. 18, Sched. N, s. 47.

See: 2002, c. 18, Sched. N, ss. 47, 72 (2).

Custody Review Board

51. (1) The Custody Review Board is continued under the name Custody Review Board in English and Commission de révision des placements in French. R.S.O. 1990, c. M.22, s. 51 (1).

Composition and powers

(2) The Board is composed of the prescribed number of full-time and part-time members appointed by the Lieutenant Governor in Council, and has the powers and duties given to it by this Act and the regulations. R.S.O. 1990, c. M.22, s. 51 (2).

Chair and vice-chair

(3) The Lieutenant Governor in Council may appoint a member of the Board as the chair and may appoint one or more other members as the vice-chairs. R.S.O. 1990, c. M.22, s. 51 (3).

Term

(4) A member of the Board shall hold office for the prescribed term. R.S.O. 1990, c. M.22, s. 51 (4).

Quorum

(5) The prescribed number of members of the Board is a quorum. R.S.O. 1990, c. M.22, s. 51 (5).

Remuneration of part-time members

(6) The members of the Board who are part-time members shall serve without salary but may be paid such expenses and allowances for attendance at meetings and for other attendances in connection with the business of the Board as may be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 51 (6).

Duties of Board

(7) The Board shall conduct reviews under section 52 and perform such other duties as are assigned to it by the regulations. R.S.O. 1990, c. M.22, s. 51 (7).

Review of detention decisions

52. (1) A young person may apply to the Board for a review of,

(a) a provincial director’s decision to hold the young person in or transfer the young person to a maximum security place of custody;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 48 (1). See: 2002, c. 18, Sched. N, ss. 48 (1), 72 (2).

(b) the particular place where the young person is held or to which the young person has been transferred; or

(c) a provincial director’s refusal to authorize the young person’s temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada),

within thirty days of the decision, placement or transfer, as the case may be. R.S.O. 1990, c. M.22, s. 52 (1); 2006, c. 19, Sched. D, s. 12 (22).

Duty of Board

(2) The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. R.S.O. 1990, c. M.22, s. 52 (2).

Idem

(3) The Board shall advise the young person whether it intends to hold a hearing or not within ten days of receiving the young person’s application. R.S.O. 1990, c. M.22, s. 52 (3).

Idem

(4) The Board shall complete its review and make a determination within thirty days of receiving a young person’s application, unless,

(a) the Board holds a hearing with respect to the application; and

(b) the young person and the provincial director whose decision is being reviewed consent to a longer period for the Board’s determination. R.S.O. 1990, c. M.22, s. 52 (4).

Board’s recommendations

(5) After conducting a review under subsection (2), the Board may,

(a) recommend to the provincial director,

(i) that the young person be transferred to a medium security place of custody,

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (i) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 48 (2). See: 2002, c. 18, Sched. N, ss. 48 (2), 72 (2).

(ii) where the Board is of the opinion that the place where the young person is held or to which the young person has been transferred is not appropriate to meet the young person’s needs, that the young person be transferred to another place, or

(iii) that the young person’s temporary release under section 35 of the Young Offenders Act (Canada) or reintegration leave under section 91 of the Youth Criminal Justice Act (Canada) be authorized; or

(b) confirm the decision, placement or transfer. R.S.O. 1990, c. M.22, s. 52 (5); 2006, c. 19, Sched. D, s. 12 (23).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 52 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 48 (3) by adding the following subsection:

Provincial director’s decision

(6) The provincial director shall consider a recommendation made by the Board under clause (5) (a), but is not bound by the recommendation, and shall advise the young person and the Board in writing of his or her decision in respect of the recommendation within 10 days after receiving the recommendation. 2002, c. 18, Sched. N, s. 48 (3).

See: 2002, c. 18, Sched. N, ss. 48 (3), 72 (2).

Detention under Provincial Offences Act

Pre-trial detention

53. (1) Where a young person is ordered to be detained in custody under subsection 150 (4) or 151 (2) (pre-trial detention) of the Provincial Offences Act, the young person shall be detained in a place of temporary detention. R.S.O. 1990, c. M.22, s. 53 (1).

Open custody for provincial offences

(2) Where a young person is sentenced to a term of imprisonment under the Provincial Offences Act,

(a) the term of imprisonment shall be served in a place of open custody, subject to subsections (3) and (4);

(b) section 91 of the Youth Criminal Justice Act (Canada) applies with necessary modifications; and

(c) sections 25, 26, 28 and 29 (rehabilitation programs, work outside institution, remission, early release) and Part III (Ontario Parole and Earned Release Board) apply with necessary modifications. R.S.O. 1990, c. M.22, s. 53 (2); 2000, c. 40, s. 13; 2006, c. 19, Sched. D, s. 12 (24).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 49 (1) by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by striking out clause (c). See: 2002, c. 18, Sched. N, ss. 49 (1), 72 (2).

Transfer to place of secure custody

(3) Where in the opinion of the director or superintendent of a place of open custody a young person held there under clause (2) (a) cannot be safely or securely detained in that place, the director or superintendent may transfer the young person to a place of secure custody to be detained there. R.S.O. 1990, c. M.22, s. 53 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 49 (2) by striking out “or superintendent” wherever it appears. See: 2002, c. 18, Sched. N, ss. 49 (2), 72 (2).

Concurrent terms

(4) Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the Youth Criminal Justice Act (Canada) and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the disposition under the Young Offenders Act (Canada) or the sentence under the Youth Criminal Justice Act (Canada). 2006, c. 19, Sched. D, s. 12 (25).

Rights of young persons in custody

54. (1) In this section and in section 55,

“young person in custody” means a young person who is detained in a place of temporary detention or committed to secure or open custody under the Young Offenders Act (Canada) or under the Youth Criminal Justice Act (Canada). R.S.O. 1990, c. M.22, s. 54 (1); 2006, c. 19, Sched. D, s. 12 (26).

No corporal punishment

(2) A young person in custody shall not be subjected to corporal punishment. R.S.O. 1990, c. M.22, s. 54 (2).

Rights of communication, etc.

(3) A young person in custody has a right,

(a) to speak in reasonable privacy with and receive visits from members of the young person’s family regularly;

(b) to speak in reasonable privacy with and receive visits from,

(i) the young person’s solicitor,

(ii) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff, and

(iii) a member of the Legislative Assembly of Ontario or of the Parliament of Canada; and

(c) to send and receive mail that is not read, examined or censored by another person, subject to subsection (4). R.S.O. 1990, c. M.22, s. 54 (3).

Opening, etc., of young person’s mail

(4) Mail to and from a young person in custody,

(a) may be opened by the director or superintendent or that person’s designate in the young person’s presence and may be inspected for articles prohibited by the director or superintendent;

(b) where the director or superintendent or that person’s designate believes on reasonable grounds that the contents of the mail may be prejudicial to the best interests of the recipient, the public safety or the security of the place of detention or custody, may be examined or read by the director or superintendent or designate and may be withheld from the recipient in whole or in part;

(c) shall not be examined or read under clause (b) if it is to or from the young person’s solicitor, unless there are reasonable and probable grounds to believe that it contains material that is not privileged as a solicitor-client communication; and

(d) shall not be opened and inspected under clause (a) or examined or read under clause (b) if it is from a person described in subclause (3) (b) (ii) or (iii). R.S.O. 1990, c. M.22, s. 54 (4).

Personal liberties

(5) A young person in custody has a right,

(a) to have reasonable privacy, and to have possession of the young person’s own personal property, except articles prohibited by the director or superintendent; and

(b) to receive the religious instruction and participate in the religious activities of the young person’s choice, subject to subsection (8). R.S.O. 1990, c. M.22, s. 54 (5).

Plan of care

(6) A young person in custody has a right to a plan of care designed to meet the young person’s particular needs, which shall be prepared within a reasonable time of admission to the place of detention or custody. R.S.O. 1990, c. M.22, s. 54 (6).

Rights to care

(7) A young person in custody has a right,

(a) to participate in the development of the young person’s individual plan of care and in any changes made to it;

(b) to receive meals that are well-balanced, of good quality and appropriate for the young person;

(c) to be provided with clothing that is of good quality and appropriate for the young person, given the young person’s size and activities and prevailing weather conditions;

(d) to receive necessary medical and dental care, subject to subsection (8), at regular intervals and whenever required, in a community setting whenever possible;

(e) to participate in appropriate educational, training or work programs, in a community setting whenever possible; and

(f) to participate in recreational and athletic activities that are appropriate for the young person’s aptitudes and interests, in a community setting whenever possible. R.S.O. 1990, c. M.22, s. 54 (7).

Parental consent, etc.

(8) The parent of a young person in custody retains any right that the parent may have,

(a) to direct the young person’s education and religious upbringing; and

(b) to give or refuse consent to medical treatment for the young person. R.S.O. 1990, c. M.22, s. 54 (8).

Right to be heard

(9) A young person in custody has a right to be consulted and to express views whenever significant decisions concerning the young person are made, including decisions with respect to medical treatment, training or work programs, education and religion and decisions with respect to the young person’s transfer to another place of detention or custody. R.S.O. 1990, c. M.22, s. 54 (9).

Right to be informed

(10) A young person in custody has a right to be informed of,

(a) the young person’s rights under this section;

(b) the internal complaints procedure established under subsection 55 (1) and the further review available under section 56;

(c) the review procedures available under section 52;

(d) the young person’s responsibilities while in the place of detention or custody; and

(e) the rules governing day-to-day operation of the place of detention or custody, including disciplinary procedures,

upon admission to the place. R.S.O. 1990, c. M.22, s. 54 (10).

Internal complaints procedure, violation of s. 54

55. (1) A director or superintendent shall establish a written procedure, in accordance with the regulations, for hearing and dealing with complaints regarding alleged violations of the rights under section 54 of young persons in custody. R.S.O. 1990, c. M.22, s. 55 (1).

Idem

(2) A director or superintendent shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under subsection (1), on the complaint of,

(a) a young person in custody;

(b) the young person’s parent; or

(c) another person representing the young person,

and shall seek to resolve the complaint. R.S.O. 1990, c. M.22, s. 55 (2).

Further review following s. 55 internal procedure

56. (1) Where a person referred to in subsection 55 (2) who makes a complaint and is not satisfied with the result of the review conducted under that subsection requests in writing that the Minister appoint a person to conduct a further review of the complaint, the Minister shall appoint a person to do so. R.S.O. 1990, c. M.22, s. 56 (1).

Idem

(2) A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may, but is not required to, do so by holding a hearing. R.S.O. 1990, c. M.22, s. 56 (2).

Review and report within thirty days

(3) A person appointed under subsection (1) shall, within thirty days after the day of the appointment, complete the review, set out in a report the person’s findings and recommendations, including the reasons for not holding a hearing if none was held, and provide copies of the report to,

(a) the person who made the complaint;

(b) the director or superintendent; and

(c) the Minister. R.S.O. 1990, c. M.22, s. 56 (3).

Minister to advise persons affected of any decision under s. 56

57. (1) Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 56 (3), the Minister shall advise the person who made the complaint and the director or superintendent of the decision. R.S.O. 1990, c. M.22, s. 57 (1).

Remedies preserved

(2) The Minister’s decision referred to in subsection (1) does not affect any other remedy that may be available. R.S.O. 1990, c. M.22, s. 57 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 50 by adding the following section:

Employees not to be interested in contracts

57.0.1 (1) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, either in the person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any materials, goods or provisions for the use of a youth facility, or have an interest, directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto. 2002, c. 18, Sched. N, s. 50.

Employees not to trade, etc., with persons in custody

(2) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, buy from or sell to any young person confined in a youth facility anything whatsoever or take or receive to the person’s own use or for the use of any other person, any fee or gratuity from any young person confined in a youth facility or from any visitor to a youth facility or from any other person in respect of a young person confined in a youth facility. 2002, c. 18, Sched. N, s. 50.

Offence

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2002, c. 18, Sched. N, s. 50.

See: 2002, c. 18, Sched. N, ss. 50, 72 (2).

PART V.1
CONTRACTORS

Contractor employed in administration of Act

57.1 A contractor and a contractor’s employees shall, for the purposes of this Act, be deemed to be employed in the administration of this Act. 2000, c. 40, s. 14.

Relationship to Crown

Contractor not Crown agent

57.2 (1) A contractor and the persons employed by a contractor are not agents of Her Majesty for any purpose, despite the Crown Agency Act, and shall not hold themselves out as agents of Her Majesty for any purpose. 2000, c. 40, s. 14.

Not Crown employees

(2) A contractor and the persons employed by a contractor shall be deemed not to be employed by the Crown and are not Crown employees within the meaning of the Public Service Act. 2000, c. 40, s. 14.

Contract compliance monitoring

57.3 (1) The Minister may designate one or more employees of the Ministry as contract compliance managers to monitor the provision of correctional services by contractors pursuant to contracts or agreements entered into under subsection 8 (4) or (5). 2000, c. 40, s. 14.

Inspection

(2) For the purpose of determining whether a contract or agreement is being complied with or whether this Act or an Act of the Parliament of Canada that relates to correctional services is being complied with, the Minister, a contract compliance manager or any other person authorized for the purpose by the Minister may without a warrant enter and inspect,

(a) a correctional institution operated and maintained by a contractor, at any time; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 51 (1) and the following substituted:

(a) a correctional institution or youth facility that is operated or maintained by a contractor, at any time; and

See: 2002, c. 18, Sched. N, ss. 51 (1), 72 (2).

(b) any place, other than a correctional institution, where the contractor keeps documents or things relevant to the inspection, during normal business hours. 2000, c. 40, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 51 (1) and the following substituted:

(b) any place, other than a correctional institution or youth facility, where the contractor keeps documents or things relevant to the inspection, during normal business hours.

See: 2002, c. 18, Sched. N, ss. 51 (1), 72 (2).

Identification

(3) A person conducting an inspection, other than the Minister, shall produce, on request, evidence of his or her designation as a contract compliance manager or of his or her authorization under subsection (2). 2000, c. 40, s. 14.

Dwellings

(4) No person conducting an inspection under this section may enter a place described in clause (2) (b) that is also a dwelling without the consent of the occupier or without first obtaining and producing a warrant. 2000, c. 40, s. 14.

Powers on inspection

(5) A person conducting an inspection may,

(a) examine any document or thing that is relevant to the inspection;

(b) demand the production for inspection of any document or thing that is relevant to the inspection;

(c) remove for review and copying any document or thing that is relevant to the inspection;

(d) in order to produce a document in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the correctional institution;

(e) conduct tests or take samples of any thing that is relevant to the inspection; and

(f) question an employee of the contractor or an inmate of the correctional institution on matters relevant to the inspection, subject to the person’s right to have counsel or another representative present during the questioning. 2000, c. 40, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (f) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 51 (2) and the following substituted:

(f) question an employee of the contractor, an inmate of the correctional institution or a young person confined in the youth facility on matters relevant to the inspection, subject to the person’s right to have counsel or another representative present during the questioning.

See: 2002, c. 18, Sched. N, ss. 51 (2), 72 (2).

Written demand

(6) A demand that a document or other thing be produced for inspection must be in writing and must include a statement of the nature of the document or thing required. 2000, c. 40, s. 14.

Obligation to produce and assist

(7) If a person conducting an inspection demands that a document or thing be produced for inspection, the person who has custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that is reasonably necessary to interpret the document or to produce it in a readable form. 2000, c. 40, s. 14.

Documents and things removed from place

(8) A document or thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the person conducting the inspection; and

(b) shall be returned to the person within a reasonable time. 2000, c. 40, s. 14.

Copy admissible in evidence

(9) A copy of a document that purports to be certified by a person conducting an inspection as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2000, c. 40, s. 14.

Contractor to provide unrestricted access

(10) A contractor shall provide unrestricted access to the Minister, a contract compliance manager and any other person authorized for the purpose of conducting inspections by the Minister to,

(a) a correctional institution that is operated and maintained by the contractor;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 51 (3) and the following substituted:

(a) a correctional institution or youth facility that is operated or maintained by the contractor;

See: 2002, c. 18, Sched. N, ss. 51 (3), 72 (2).

(b) persons employed by the contractor in connection with the provision of correctional services by the contractor;

(c) inmates of the correctional institution; and

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 51 (4) by striking out “and” at the end of clause (c) and by adding the following clause:

(c.1) young persons confined in the youth facility; and

See: 2002, c. 18, Sched. N, ss. 51 (4), 72 (2).

(d) documents or things in the possession or control of the contractor and relating to the provision of correctional services by the contractor. 2000, c. 40, s. 14.

Warrant

(11) If a justice of the peace is satisfied on information on oath that entry to a place described in clause (2) (a) or (b) has been denied or will be denied, the justice of the peace may issue a warrant authorizing the Minister, a contract compliance manager or any other person designated by the Minister and named in the warrant to enter premises specified in clause (2) (a) or (b) and to do anything described in subsection (5). 2000, c. 40, s. 14.

Same

(12) A warrant issued under subsection (11) shall name the date on which it expires, which shall not be later than 15 days after its issue and may be executed only between 6 a.m. and 9 p.m. unless the warrant specifies otherwise. 2000, c. 40, s. 14.

Obstruction

(13) No person shall hinder, obstruct or interfere with a person conducting an inspection under this section, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 2000, c. 40, s. 14.

Offence

(14) Every person who contravenes subsection (13) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 14.

Minister’s directions to contractor, failure to provide competent services

57.4 (1) If the Minister is of the opinion that a contractor has failed to provide correctional services in a competent manner, the Minister may issue a direction to the contractor with respect to those services and require the contractor to report back on the implementation of the direction within the time and in the manner specified by the Minister. 2000, c. 40, s. 14.

Same

(2) The contractor shall comply with the direction and provide the report as required. 2000, c. 40, s. 14.

Emergencies, safety risks

Minister’s directions to contractor

57.5 (1) The Minister may issue a direction to the contractor or to any employees of the contractor with respect to any correctional services and require the contractor to report back on the implementation of the direction within the time and in the manner specified by the Minister if the Minister is of the opinion that,

(a) there is a risk to the safety of any person or the security of any property; or

(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40, s. 14.

Same

(2) The contractor and the contractor’s employees shall comply with the direction and the contractor shall provide the report as required. 2000, c. 40, s. 14.

Other actions by Minister

(3) Whether or not a direction is issued under subsection (1), the Minister may take any action he or she considers necessary for the safe and proper provision of correctional services, without obtaining a court order, if the Minister is of the opinion that,

(a) there is a risk to the safety of any person or the security of any property; or

(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40, s. 14.

Force

(4) The Minister may use such force as is necessary in taking any action authorized by subsection (3). 2000, c. 40, s. 14.

Replacement of director or superintendent

57.6 (1) The Minister may appoint a person to act in the place of the director or superintendent of a correctional institution for the period of time specified in the appointment if,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 52 (1) by striking out the portion before clause (a) and substituting the following:

Replacement of superintendent or director

(1) The Minister may appoint a person to act in the place of the superintendent of a correctional institution or in the place of the superintendent or director of a youth facility for the period of time specified in the appointment if,

See: 2002, c. 18, Sched. N, ss. 52 (1), 72 (2).

(a) the Minister is not satisfied that the contractor is complying with a direction issued under section 57.4 or is of the opinion that the contractor is continuing to fail to provide correctional services in a competent manner despite complying with the direction; or

(b) the Minister is not satisfied that the contractor is complying with a direction issued under subsection 57.5 (1) or is of the opinion that a circumstance described in subsection 57.5 (1) continues to exist despite the efforts of the contractor. 2000, c. 40, s. 14.

Powers of replacement

(2) A person appointed under subsection (1) shall have all the powers, duties and functions of the director or superintendent, subject to any limitations, restrictions, conditions and requirements set out in the appointment. 2000, c. 40, s. 14.

Duty to co-operate

(3) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced director or superintendent shall co-operate with the person appointed under this section by providing any assistance that the person may request and the contractor’s employees shall comply with any directions given by the person appointed under this section. 2000, c. 40, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 52 (2) by striking out “The contractor that operates or maintains the correctional institution” at the beginning and substituting “The contractor that operates or maintains the correctional institution or youth facility”. See: 2002, c. 18, Sched. N, ss. 52 (2), 72 (2).

Same

(4) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced director or superintendent shall provide immediate and unrestricted access to the person appointed under this section to the correctional institution and to all documents and things relevant to the operation and maintenance of the institution. 2000, c. 40, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 52 (3) and the following substituted:

Same

(4) The contractor that operates or maintains the correctional institution or youth facility, the contractor’s employees and the replaced superintendent or director shall provide immediate and unrestricted access to the person appointed under this section to the correctional institution or youth facility and to all documents and things relevant to the operation and maintenance of the institution or facility. 2002, c. 18, Sched. N, s. 52 (3).

See: 2002, c. 18, Sched. N, ss. 52 (3), 72 (2).

Powers of Ombudsman

57.7 A contractor shall be deemed to be a governmental organization for the purpose of sections 19 and 25 of the Ombudsman Act. 2000, c. 40, s. 14.

Relationship of Part to contract

57.8 (1) Subject to subsection (2), this Part prevails over a contract or agreement. 2000, c. 40, s. 14.

Authority in contract

(2) This Part does not limit any authority that the Minister has under a contract or agreement. 2000, c. 40, s. 14.

PART VI
GENERAL PROVISIONS

Substance testing

57.9 (1) A person authorized by the Minister for the purpose may demand that an inmate in a correctional institution produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body, if,

(a) the demand is authorized by the director or superintendent of the correctional institution and the person authorized by the Minister has reasonable grounds to suspect that,

(i) the inmate has consumed or used alcohol or another prescribed substance, and

(ii) a test is necessary to confirm the consumption or use;

(b) the demand is part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations; or

(c) a substance test is prescribed as a requirement for participation in,

(i) a prescribed program or activity involving contact with the community, or

(ii) a prescribed substance abuse program. 2000, c. 40, s. 15.

Same

(2) A person authorized by the Minister for the purpose may demand that a parolee, inmate who is released from custody on a temporary absence, probationer or conditional sentence offender produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body,

(a) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances, in order to monitor the person’s compliance with that condition;

(b) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances, in order to monitor the person’s compliance with that condition;

(c) at regular intervals, in order to monitor the person’s compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; or

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 53 by striking out “or” at the end of clause (c). See: 2002, c. 18, Sched. N, ss. 53, 72 (2).

(d) at regular intervals, in order to monitor the person’s compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances. 2000, c. 40, s. 15.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 53 by adding the following clauses:

(e) at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person’s compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; or

(f) at any time, as part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations, in order to monitor the person’s compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances.

See: 2002, c. 18, Sched. N, ss. 53, 72 (2).

Application of subs. (2)

(3) Subsection (2) only applies if it is a condition of the person’s parole, temporary absence, probation or conditional sentence that the person,

(a) abstain from the consumption or use of alcohol or other prescribed substances; and

(b) submit to testing to determine the presence of alcohol or other prescribed substances. 2000, c. 40, s. 15.

Application of Statutory Powers Procedure Act

58. Despite anything in the Statutory Powers Procedure Act, that Act does not apply to proceedings,

(a) for the discipline or transfer of inmates or young persons;

(a.1) for the determination of earned remission of inmates;

(b) for the grievances of inmates or young persons;

(c) in respect of a review of a complaint under section 56;

(d) for the authorization of temporary absences for inmates or temporary release for young persons; or

(e) of the Ontario Parole and Earned Release Board or of the Custody Review Board. R.S.O. 1990, c. M.22, s. 58; 2000, c. 40, s. 16; 2002, c. 18, Sched. N, s. 54.

Member of Legislative Assembly

59. Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution, community resource centre or other facility established or designated under this Act, whether it is operated or maintained by the Ministry or by a contractor, for any purpose related to the member’s duties and responsibilities as a member of the Legislative Assembly, unless the Minister determines that the institution, community resource centre or facility is insecure or an emergency condition exists in it. 2000, c. 40, s. 17.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 59 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, section 55 and the following substituted:

Member of Legislative Assembly

59. Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution, community resource centre or youth facility established or designated under this Act, whether it is operated or maintained by the Ministry or by a contractor, for any purpose related to the member’s duties and responsibilities as a member of the Legislative Assembly, unless the Minister determines that the correctional institution, community resource centre or youth facility is insecure or an emergency condition exists in it. 2002, c. 18, Sched. N, s. 55.

See: 2002, c. 18, Sched. N, ss. 55, 72 (2).

Regulations

60. (1) The Lieutenant Governor in Council may make regulations,

(a) respecting the operation, management and inspection of correctional institutions;

(b) respecting the operation, management and inspection of community resource centres;

(c) respecting the establishment, operation, management and inspection of places of open custody, secure custody and temporary detention;

(c.1) with respect to contracts and agreements entered into under subsection 8 (4) or (5), prescribing and governing the powers and duties of the Minister, employees of the Ministry, contractors, employees of contractors, and other persons employed in the administration of this Act, and providing that regulations made under this clause apply despite a contract or agreement entered into under subsection 8 (4) or (5);

(c.2) prescribing provisions of the Freedom of Information and Protection of Privacy Act that apply, with necessary modifications, to contractors and employees of contractors;

(c.3) prescribing and governing powers and duties of local monitoring boards established under section 14.1, and requiring superintendents of correctional institutions to give the members of the local monitoring board access in accordance with the regulations to the premises of the correctional institution, its records, its employees and its inmates;

(c.4) prescribing, for the purpose of section 35.1, circumstances in which the Ontario Parole and Earned Release Board may make determinations of whether an inmate has earned remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) or section 28 of this Act;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c.4) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 56 (3) by striking out “for the purpose of section 35.1” and substituting “for the purpose of subsection 34.1 (2)”. See: 2002, c. 18, Sched. N, ss. 56 (3), 72 (2).

(c.5) prescribing substances and tests for the purpose of section 57.9;

(c.6) establishing and governing random selection substance testing programs;

(c.7) prescribing programs or activities involving contact with the community for which a substance test is a requirement for participation;

(c.8) prescribing substance abuse programs for which a substance test is a requirement for participation;

(d) Repealed: 2002, c. 18, Sched. N, s. 56 (4).

(d.1) governing, for the purpose of earning remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) and section 28 of this Act, active participation in programs designed to promote rehabilitation and reintegration;

(e) respecting the treatment, training, employment, discipline, control, grievances and privileges of inmates and young persons;

(f) requiring the maintenance of records and providing for their destruction;

(g) respecting the retention and disposal of the property of inmates and young persons;

(h) providing for the granting of compassionate allowances;

(i) providing for and establishing criteria for the granting of temporary absences or parole in respect of inmates and temporary release in respect of young persons;

(j) establishing rules of procedure for the Ontario Parole and Earned Release Board;

(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences in proceedings of the Board;

(j.2) authorizing persons, other than victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences, to attend proceedings of the Ontario Parole and Earned Release Board as observers, and governing their attendance;

(k) providing for the appointment and remuneration of members of the Ontario Parole and Earned Release Board;

(l) respecting the duties and powers of directors, superintendents, probation officers, parole officers, correctional officers, other employees of the Ministry and volunteers;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (l) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 56 (5) and the following substituted:

(l) respecting the duties and powers of directors, superintendents, probation officers, parole officers, correctional officers, other persons employed in the administration of this Act and volunteers;

See: 2002, c. 18, Sched. N, ss. 56 (5), 72 (2).

(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring compliance with those standards;

(m) prescribing additional duties and functions of provincial directors and youth workers;

(n) prescribing the number of members of the Custody Review Board, their terms of office and the number of members that is a quorum;

(o) prescribing additional powers, duties and procedures of the Custody Review Board;

(p) governing internal complaints procedures to be established under section 55;

(q) establishing procedures for reviews under section 56;

(r) providing for the assessment of inmates and young persons;

(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those standards;

(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a correctional institution and another inmate or other person, where reasonable for protecting the security of the institution or the safety of persons;

(t.1) prescribing procedures for carrying out searches in correctional institutions, prescribing procedures for carrying out searches in places of secure custody or temporary detention and prescribing procedures for carrying out searches in places of open custody;

(t.2) prescribing procedures for the disposition of contraband found during a search;

(u) authorizing designated persons employed in the administration of this Act to disclose personal information about individuals and prescribing the nature of the information that may be disclosed, to whom it may be disclosed and the circumstances in which it may be disclosed;

(v) defining any word or expression used in this Act that is not already expressly defined in this Act. R.S.O. 1990, c. M.22, s. 60; 1997, c. 17, s. 7; 1997, c. 39, s. 10 (1); 2000, c. 40, s. 18; 2002, c. 12, s. 2 (1-3); 2002, c. 18, Sched. N, s. 56 (1, 2, 4, 6).

Same

(2) The Minister may by regulation prescribe the form of the warrant for the purpose of section 39. 1997, c. 39, s. 10 (2).

Forms

(3) Subject to subsection (2), the Minister may require that forms approved by the Minister be used for any purpose of this Act. 1997, c. 39, s. 10 (2).

Fees and charges

(4) The Minister may impose and collect fees and charges to recover costs incurred by the Ministry. 1997, c. 39, s. 10 (2).

Discipline

(5) The fact that an inmate or young person is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in accordance with the regulations made under clause (1) (e). 2002, c. 12, s. 2 (4).

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