Second

Session, 50th General Assembly

Charles III, 2023

BILL 71

AN ACT TO AMEND THE

CORRECTIONAL SERVICES ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HOGAN, KC

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Correctional Services Act to

expand the definition of authorized

person;

add a definition of department

and replace the references to the Department of Justice with the word

department;

add a definition of bail

supervision program, health care facility, health care professional, strip

search and visitor;

clarify that offenders are

required to obey community supervision conditions and inmates are required to

obey correctional facility rules;

add a requirement that a

superintendent of a correctional facility that houses gender diverse

individuals have the knowledge, experience, skill and education necessary to

appreciate and understand the unique challenges of gender diverse individuals;

authorize the assistant deputy

minister of the Department of Justice and Public Safety who is responsible for

corrections to exercise the powers and perform the duties of the director where

a director is not appointed;

update the reference to the

intimate partner violence intervention court;

clarify that an adult probation

officer is responsible for supervising persons participating in a bail

supervision program;

delete all references to sections

810.1 and 810.2 of the Criminal Code to

reflect the current powers and duties of adult probation officers;

replace the term

"offenders" with the term "inmates" in provisions of the

Act that relate only to persons who are incarcerated;

expand who may be designated by

the minister to perform the duties and functions of the chief superintendent

where there is no chief superintendent or where the chief superintendent is

absent for an extended period of time;

authorize the superintendent to

designate a staff member to exercise the powers or perform the duties of the

superintendent;

authorize the

Lieutenant-Governor in Council to make regulations prescribing the conduct of

staff members;

require that the Codes of

Professional Conduct established by the director be consistent with regulations

respecting the conduct of staff members;

clarify that the assessment of

an inmate after the inmate enters a correctional facility is a security and

risk assessment;

clarify that a plan prepared

for an inmate should promote accountability and support the inmate's

rehabilitation and reintegration into the community;

remove the requirement that an

inmate be informed in writing where the inmate's communication has been

restricted and require that the inmate be informed of this restriction as soon

as reasonably possible;

replace the term "same

sex" with the term "preferred gender identity" in relation to requests

for inmates, staff members and visitors to be strip searched by authorized

persons where a strip search is conducted;

increase the penalties for

contraband and trespassing offences;

clarify that adult probation

officers may only require an offender to submit to a drug test if the court

specifically made the requirement to submit to a drug test a condition of the

offenders' probation order or conditional sentence;

reduce the time period in which

an object or substance seized is forfeited to the Crown where the owner cannot

be identified or located;

allow an object or substance

seized to be forfeited to the Crown where the object or substance is perishable

or a risk to health or safety;

add a provision relating to

transferring inmates to a health care facility to seek medical treatment;

repeal the Correctional Services (Amendment) Act , SNL2019 c.13 and incorporate

the following amendments from that Act:

o clarify the reference to cannabis in the definition of illicit drug;

o include an additional principle and amend 2 existing principles;

o clarify the authority for adult probation officers to procure and

report information for the court in respect of a person charged with an

offence;

o clarify the requirement that the dates that an inmate is eligible

for release be disclosed to the victim or Victim Services on request;

o provide that the director consult with a qualified health care

professional or other qualified person when encouraging and coordinating

specific programming and services to provide for the specific needs of

offenders;

o provide authority for the Lieutenant-Governor in Council to make

regulations respecting investigations conducted under the Act; and

o replace the word aboriginal with the word Indigenous and correct

references to the title adult probation officer;

replace all

references to "Trial Division" with the reference "Supreme

Court"; and

incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE CORRECTIONAL SERVICES

ACT

Analysis

S.2 R &S

Interpretation

S.4 R&S

Principles

S.5 Amdt .

Agreements

S.6 Amdt .

Appointments

S.7 Amdt .

Chief superintendent and superintendents

S.8 Amdt .

Chief adult probation officer

S.9 R&S

Powers and duties of adult probation officers

S.11 Amdt .

Code of Professional Conduct

S.12 Amdt .

Protection from liability

S.13 Amdt .

Volunteers

S.14 Amdt .

Disclosure of information

S.18 Amdt .

Inmate assessment and plans

S.20 Amdt .

Hearing adjudicator and disciplinary hearings

S.21 Amdt .

Appeal adjudicators

S.22 Amdt .

Appeal of decision of hearing adjudicator

S.24 Amdt .

Inmate communication

S.26 Amdt .

Use of force

S.27 Amdt .

Search of inmates

S.28 Amdt .

Search and detention of visitors

S.29 Amdt .

Search and detention of staff members

S.31 Amdt .

Contraband and trespassing offences

S.32 Amdt .

Illicit drug test

S.33 Amdt .

Power to seize and dispose of objects and substances seized

S.34 Amdt .

Temporary absences

S.34.1 Added

Transfer

of inmate to health care facility

S.35 Amdt .

Suspension, cancellation and revocation of temporary absence

S.36 Amdt .

Temporary absence panel

S.38 Amdt .

Earned remission

S.39 Amdt .

Inspections

S.40 Amdt .

Investigations

S.41 Amdt .

Power to require persons to answer questions and order disclosure

S.42 Amdt .

Contempt proceeding for uncooperative person

Part IV R&S

CONTINUITY

OF CORRECTIONAL PROGRAMMING AND SERVICES

45. Continuity

of programming and services

S.48 Amdt .

Regulations

S.50 Amdt .

Consequential

amendments

SNL2019 c13 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2011 cC-37.00001

as amended

Section 2 of the Correctional Services Act is repealed and the following

substituted:

Interpretation

(1) In this Act

(a) " authorized

person" means the chief superintendent and the superintendent of a

correctional facility and includes

(

i) a staff member designated by the superintendent of the

correctional facility to exercise the powers and perform the duties and

functions under sections 2 4 , 25 , 26 , 27 , 28 , 29 , 3 0, 32 and 33 , and

(ii) a member of a

category of persons designated by the chief superintendent to exercise the

powers and perform the duties and functions under sections 24 , 25 , 26 , 27 , 28 , 29 , 30, 32 and 33 ;

(b) " bail

supervision program" means a program that verifies bail and supervises and

enforces the bail conditions of persons participating in the program;

(c) "chief adult probation officer"

means the Chief Adult Probation Officer appointed under

paragraph 6(1)(c) ;

(d) " chief

superintendent" means the Chief Superintendent

of Correctional Facilities appointed under paragraph 6(1)(b) ;

(e) " contraband "

means

(

i) an illicit drug,

(ii) if possessed without

prior authorization, a weapon, a component of a weapon or ammunition for a

weapon, or a thing that is designed to kill, injure or disable or is altered so

as to be capable of killing, injuring or disabling,

(iii) an explosive or bomb, or a component of an explosive or bomb,

(iv) if possessed without prior authorization, currency,

(

v) if possessed without prior authorization, tobacco leaves or a

product produced from tobacco, or

(vi) if possessed without

prior authorization, another object or substance that, in the opinion of an

authorized person, may threaten the management or operation of, or discipline,

security, health or safety of persons in the correctional facility;

(f) "correctional facility" means a place of lawful confinement in the province including a

jail, prison, lockup, place of imprisonment, camp or correctional institution,

and land connected with it, but does not include

(

i) penitentiaries

(ii) a facility designated for young offenders under the Young

Persons Offences Act ;

(g) " department "

means the department presided over by the minister;

(h) " director "

means the Director of Corrections and Community

Services appointed under paragraph 6(1)(a) ;

( i ) " division " means the division of the department

responsible for corrections;

(j) " health care

facility" means a facility operated by the Provincial Health Authority

established under the Provincial Health

Authority Act;

(k) " health care

professional" means

(

i) a

medical practitioner as defined in the Medical

Act, 2011 ,

(ii) a registered nurse or

nurse practitioner as defined in the Registered

Nurses Act, 2008 , and

(iii) a registered

psychologist as defined in the Psychologists

Act, 2005 ;

(l) " illicit

drug" means

(

i) alcohol ,

(ii) cannabis , other than cannabis that is possessed or consumed with

prior authorization,

(iii) a controlled substance and an analogue, as defined in the Controlled

Drugs and Substances Act (Canada), and

(iv) a ny other substance designated by the regulations;

(m) " illicit drug

test" means a test, prescribed in the

regulations, to determine the presence of an illicit drug;

(n) " inmate "

means a person who is sentenced to imprisonment or

otherwise lawfully detained at a correctional facility;

(o) "inmate communication" means communication made or intended to be made by oral, written,

electronic or another means that may be prescribed in the regulations, between

an inmate and another person, including another inmate, other than a privileged

communication prescribed in the regulations;

(p) " minister "

means t he minister appointed under the Executive

Council Act to administer this Act;

(q) " monitor "

means, in respect of inmate communication,

(

i) to listen to inmate

communication,

(ii) to listen to recorded inmate communication, or

(iii) to read inmate communication delivered to the correctional

facility or sent from within the correctional facility;

(r) " offender "

means

(

i) an

inmate, or

(ii) a person serving a

custodial sentence or a community based sentence;

(s) "staff member" includes the chief superintendent, superintendents, and

other commissioned and non-commissioned officers, correctional officers and

other persons employed at a correctional facility and the chief adult probation

officer and adult probation officers;

(t) " strip search"

means a visual inspection of a

naked person by an authorized person;

(u) " superintendent "

means a Superintendent appointed under paragraph 6(1)(d);

(v) " temporary

absence" means a temporary absence authorized

under

section 34; and

(w) " visitor " means

a person in a correctional facility other than an inmate or a staff member.

(2) A reference to "superintendent" in

this Act or the regulations includes a person designated under subsection 7(4),

(5) or (7).

(3) A

search under this Act or the regulations includes a search conducted using an

electronic device.

Section 4 of the Act is repealed and the

following substituted:

Principles

4. This Act and the regulations made under it shall be

interpreted and administered in a manner consistent with the following

principles:

(

a) the protection of society shall be given paramount

consideration in making decisions or taking action under this Act;

(

b) t he safety of the

community and the furtherance of a just and peaceful society will be enhanced,

as far as possible, through maximizing individual opportunities for

rehabilitation and reintegration that recognize the needs and circumstances of inmates

in correctional facilities and offenders in the community;

(

c) staff members will be given

(

i) wherever possible,

appropriate career development and training opportunities, and

(ii) a workplace environment that encourages

integrity and personal accountability and that is consistent with the

regulations and the relevant Code of Professional Conduct established under

section 11 ;

(

d) inmates

shall obey correctional facility rules and will be subject to the least

restrictive measures consistent and necessary for the protection of the public,

staff members, visitors and inmates;

(

e) offenders

shall obey community supervision conditions and will be subject to the least

restrictive measures consistent and necessary for the protection of the public,

staff members and offenders;

(

f) inmates are entitled to fair treatment with access to an effective

grievance and disciplinary procedure;

(

g) inmates are entitled to equitable access to health care; and

(

h) p olicies ,

programs and practices will be responsive to the particular needs of women,

gender diverse individuals and Indigenous peoples, the needs of offenders with

particular mental health and addictions requirements, and the needs of other

groups of offenders with special requirements .

3. Paragraph 5(

b) of the Act is repealed and the

following substituted:

(

b) respecting the

transfer of inmates from a correctional facility to a penitentiary or to an

institution for the custody of inmates in another province or territory, or

from a penitentiary or an institution for the custody of inmates in another

province or territory to a correctional facility; or

4. (1) Subsection 6(3) of the Act is repealed and

the following substituted:

(3) A superintendent of

a correctional facility that houses female inmates or gender diverse inmates

shall have the knowledge, experience, skill and education necessary to

appreciate and understand the unique challenges and needs faced by the female

inmates or gender diverse inmates of that correctional facility which may be

the result of their pre-incarceration circumstances.

(2) Subsection 6(5) of the Act is repealed and the

following substituted:

(5) Authorized persons are peace officers and,

while exercising the powers and performing the duties and functions under this

Act and the regulations, have all the powers, authority, protection and

privileges that peace officers have by law.

(3) Section 6 of the Act is amended by adding

immediately after subsection (5) the following:

(6) Where a director is not appointed under

paragraph (1 )( a), the assistant deputy minister of the

department responsible for corrections shall exercise the powers and perform

the duties of the director under this Act and the regulations.

5. (1) Subsection 7(2) of the Act is amended by

deleting the words "member of the staff" and substituting the word

"person".

(2) Paragraph 7(3 )(

c) of

the Act is amended by deleting the word "offenders" and substituting

the word "inmates".

(3) Subsection 7(3) of the Act is amended by

deleting the word "and" at the end of paragraph (d), deleting the

period at the end of paragraph (

e) and substituting a semi-colon and the word

"and" and adding immediately after paragraph (

e) the following:

(

f) other duties

prescribed in the regulations.

(4) Section 7 of the Act is amended by adding

immediately after subsection (6) the following:

(7) The superintendent may designate a staff

member to exercise one or more of the powers or perform one or more of the duties

of the superintendent where the superintendent determines it is necessary.

(1) Paragraph 8(1 )(

a) of the Act is repealed and the following substituted:

(

a) the safe, effective and efficient delivery of services to

offenders subject to community supervision through the overall planning,

management and administration of probation services;

(2) Subsection 8(2) of the Act is amended by

deleting the words "member of the staff named" and substituting the

words "person designated".

Section 9 of the Act is repealed and the

following substituted:

Powers and duties

of adult probation officers

(1) An adult probation

officer

(

a) is an adult probation officer for all of the province;

(

b) is an officer of every court in the province;

(

c) shall prepare reports for the court as the court may order; and

(

d) has the power to procure and report information for the court

in respect of a person charged with or convicted of an offence.

(2) An adult probation

officer is responsible for the supervision of persons

(

a) placed on probation by a court;

(

b) subject to a conditional sentence imposed by a court;

(

c) on temporary absence, where requested by a superintendent;

(

d) found guilty of an offence in the intimate partner violence

intervention court and awaiting the sentence of that court;

(

e) participating in

(

i) a

bail supervision program established and administered by the division, and

(ii) other bail

supervision programs that may be prescribed in the regulations; and

(

f) in other circumstances prescribed in the regulations.

(3) An adult probation

officer may exercise the powers of an authorized person set out in subsection

32(1) in respect of a person under the adult probation officer's supervision.

(4) If an adult

probation officer exercises the powers of an authorized person set out in

subsection 32(1) in respect of a person under the adult probation officer's supervision,

the adult probation officer shall perform the duties set out in subsection

32(2) in respect of the person under the adult probation officer's supervision.

(5) An adult probation officer is a peace officer

and, while exercising the powers and performing the duties and functions under

this Act and the regulations, has all the powers, authority, protection and

privileges that peace officers have by law .

(6) An

adult probation officer charged with the supervision of a person who is subject

to a probation order or a conditional sentence or participating in a bail

supervision program may report to the court or a member of a provincial police

force if the person fails to comply with

(

a) the terms of the

probation order;

(

b) the terms of the

conditional sentence; or

(

c) the conditions of

bail.

(7) An adult probation

officer charged with the supervision of a person on a temporary absence may

report to the superintendent who requested the supervision if the person fails

to comply with the terms of the temporary absence.

Section 11 of the Act is amended by renumbering

it subsection 11(1) and adding immediately after subsection (1) the following:

(2) Notwithstanding subsection (1), the

Lieutenant-Governor in Council may make regulations prescribing the conduct of

staff members.

(3) Where the Lieutenant-Governor in Council makes

regulations prescribing the conduct of staff members, the Codes of Professional

Conduct referred to in subsection (1) shall not be inconsistent with the

regulations.

9. Paragraph 12(

a) of the Act is amended by

deleting the words "him or her" and substituting the words "the

person".

10. Subsection 13(1) of the Act is amended by

deleting the word "offenders" and substituting the word

"inmates".

(1) Paragraph 14(1 )(

b) of the Act is amended by deleting the words "Department of Justice"

and substituting the word "department".

(2) Subsection 14(2) of the Act is repealed and

the following substituted:

(2) On the request of

Victim Services or a victim of an offence of which an inmate has been found

guilty, the superintendent of a correctional facility in which the inmate is

incarcerated

(

a) shall disclose to Victim Services or to the victim the following

information about the inmate:

(

i) the inmate's name,

(ii) the offence of which the inmate was found guilty and the court

that found the inmate guilty,

(iii) the date of commencement and length of the sentence that the

court imposed,

(iv) conditions contained in the inmate's sentence that relate to the

victim,

(

v) the date on which the inmate is to be released from custody,

including the date or dates of a temporary absence and the date or dates the

inmate may be eligible for release,

(vi) conditions attached to the inmate's release, including conditions

attached to a temporary absence that relate to the victim, and

(vii) the location of the correctional facility in which the

inmate's sentence is being served; and

(

b) may disclose to

Victim Services or to the victim, where in the superintendent's opinion the

interest of the victim in the disclosure clearly outweighs the invasion of the

inmate's privacy that could result from the disclosure, the municipality or

area where the inmate proposes to reside during a temporary absence or while

under court-ordered community supervision and whether the inmate will be in the

vicinity of the victim while travelling to that municipality or area, if known.

(3) Subsection 14(3) of the Act is amended by

(

a) deleting the words "a

probation officer" wherever they appear and substituting the words

"an adult probation officer"; and

(

b) deleting the words

"if applicable" and substituting the words "if known".

12. (1) Subsection 18(1) of the Act is amended by

deleting the words "an assessment" and substituting the words "a

security and risk assessment".

(2) Subsection 18(2) of the Act is repealed and

the following substituted:

(2) A plan referred to

in subsection (1) shall assess the inmate's correctional needs and the

appropriate programs to meet those needs to

(

a) promote

accountability;

(

b) support the inmate's

rehabilitation and reintegration into the community; and

(

c) deter and reduce offending behaviour.

13. Paragraph 20(1 )(

b) of

the Act is amended by deleting the word "punishment" and substituting

the words "disciplinary measures".

14. Subsection 21(1) of the Act is repealed and the

following substituted:

Appeal

adjudicators

(1) The minister may appoint persons as appeal adjudicators to

conduct appeals of decisions of hearing adjudicators in respect of disciplinary

hearings.

15. Subsection 22(9) of the Act is repealed and the

following substituted:

(9) At the conclusion of

an appeal, the appeal adjudicator may

(

a) confirm or revoke the decision of the hearing adjudicator;

(

b) vary the decision of

the hearing adjudicator and impose one or more of the disciplinary measures

prescribed in the regulations; or

(

c) o rder that a new disciplinary hearing be held.

(1) Paragraph 24(3 )(

c) of the Act is amended by deleting the words "he or she" and

substituting the words "the other person".

(2) Subsection 24(4) of the Act is repealed and

the following substituted:

(4) If inmate

communication has been restricted, an authorized person shall, as soon as

reasonably possible, inform the inmate and give the reasons under subsection

(3) for the restriction.

Section 26 of the Act is amended by deleting

the words " Persons appointed or employed to

exercise powers and perform duties in the administration of this Act"

and substituting the words "Authorized persons".

18. Subsection 27(5) of the Act is repealed and the

following substituted:

(5) Where a search under

subsection (1), (2) or (3) includes a strip search, effort shall be made to

accommodate requests for inmates to have the strip search conducted by an

authorized person of the inmate's preferred gender identity unless the delay

that would be caused by complying with this requirement would result in

imminent danger to human life or safety.

19. (1) Subsection 28(7) of the Act is repealed and

the following substituted:

(7) Where a search of a

visitor includes a strip search, effort shall be made to accommodate requests

for visitors to have the strip search conducted by an authorized person of the

visitor's preferred gender identity unless the delay that would be caused by

complying with this requirement would result in imminent danger to human life

or safety.

(2) Subsection 28(9) of the Act is amended by

(

a) deleting the word

"person" and substituting the word "visitor"; and

(

b) deleting the words

"his or her" and substituting the words "the visitor's".

20. (1) Subsection 29(6) of the Act is repealed and

the following substituted:

(6) Where a search of a

staff member includes a strip search, effort shall be made to accommodate

requests for staff members to have the strip search conducted by an authorized

person of the staff member's preferred gender identity unless the delay that

would be caused by complying with this requirement would result in imminent

danger to human life or safety.

(2) Paragraph 29(8 )(

a) of

the Act is amended by deleting the words "his or her" and

substituting the words "the staff member's".

21. Subsection 31(3) of the Act is repealed and the

following substituted:

(3) Every person who

commits an offence under this

section is liable on

summary conviction to a fine

of up to $5,000 or to imprisonment for a term of up to 2 years, or to both a

fine and imprisonment.

22. Subsection 32(1) of the Act is repealed and the

following substituted:

Illicit drug test

(1) An authorized person may demand that

(

a) an inmate submit to an illicit drug test, if the authorized

person believes on reasonable grounds that the inmate has taken an illicit drug

into the inmate's body; or

(

b) an offender submit

to an illicit drug test where the court requires that the offender submit to an

illicit drug test as a condition of the offender's probation or conditional

release or if the offender is under the supervision of an adult probation

officer in another circumstance that may be prescribed and an illicit drug test

is required to monitor compliance with the condition

(

i) at regular

intervals, or

(ii) at any time, if the authorized person believes on reasonable

grounds that the offender has breached the condition.

23. (1) Subsection 33(1) of the Act is repealed and

the following substituted:

Power to seize

and dispose of objects and substances seized

(1) An authorized person may seize an object or substance if the

authorized person believes on reasonable grounds that the object or substance

is contraband or evidence relating to an offence under subsection 3 1 (1).

(2) Subsection 33(2) of the Act is amended by deleting

the words "staff member" and substituting the words "authorized

person".

(3) Paragraph 33(4 )(

a) of

the Act is amended by deleting the words "his or her" and

substituting the words "the inmate's".

(4) Paragraph 33(5 )(

b) of

the Act is repealed and the following substituted:

(

b) the owner cannot be

identified or located and 30 days has passed since the seizure;

(5) Paragraph 33(5 )(

c) of

the Act is repealed and the following substituted:

(

c) t he object or

substance is determined to be contraband in a hearing conducted in accordance

with the regulations and possession of it outside the correctional facility

would be unlawful; or

(6) Section 33 of the Act is amended by adding

immediately after subsection (5) the following:

(6) Notwithstanding

subsection (5), where the superintendent is of the opinion that the object or

substance seized under subsection (1) is perishable or a risk to health or

safety, the superintendent may, at any time, cause the object or substance to

be disposed of or destroyed.

24. Subsection 34(4) of the Act is amended by

deleting the words "him or her" and substituting the words "the

inmate".

25. The Act is amended by adding immediately after

section 34 the following:

Transfer of

inmate to health care facility

34.1

(1) Where a medical practitioner or a

nurse practitioner has determined that an inmate detained in a correctional

facility is ill and requires treatment at a health care facility, the chief superintendent

may, by order of the minister, remove the inmate from the correctional facility

and transport the inmate to a health care facility.

(2) Where

an inmate is removed from a correctional facility under subsection (1), the

inmate shall

(

a) be considered to

remain in the custody of the chief superintendent; and

(

b) i s subject to the

rules and regulations of the correctional facility where they are applicable.

(3) Where

the chief superintendent removes an inmate from a correctional facility under

subsection (1), the chief superintendent shall, where ordered by the minister, return

the inmate to the correctional facility.

26. Subsection 35(3) of the Act is amended by

deleting the words "peace officer" wherever they appear and

substituting the words "police officer".

27. Subsection 36(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

chief superintendent's".

Section 38 of the Act is amended by

(

a) deleting the word

"offender" and substituting the word "inmate"; and

(

b) deleting the words

"his or her" and substituting the words "the inmate's".

29. Subsection 39(5) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

(1) Paragraph 40(2 )(

b) of the Act is amended by deleting the words "his or her" and

substituting the words "the employee's".

(2) Paragraph 40(3 )(

a) of

the Act is amended by deleting the word "offender" and substituting

the word "inmate".

31. Subsection 41(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 42 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Part IV of the Act is repealed and the following

substituted:

PART IV

CONTINUITY OF CORRECTIONAL PROGRAMMING AND SERVICES

Continuity of

programming and services

45. T he director shall coordinate and encourage wherever

possible

(

a) the interrelated activities of correctional facilities and

community correctional programming that are concerned with offenders at all

stages of their sentences; and

(

b) both in the correctional facility and in the community

(

i) programming and,

where available, programming that is evidence based, and

(ii) specific programming and services to

(

A) reflect the needs and culture of Indigenous offenders,

(

B) provide for the particular needs of female offenders and gender

diverse offenders, and

(

C) provide for the specific needs of offenders with particular mental

health and addictions requirements and other classes of offenders that are

identified by the director through consultation with a health care professional

or other qualified person as having special requirements.

(1) Paragraph 48(

b) of the Act is repealed and

the following substituted:

(

b) prescribing the powers, duties and conduct of persons employed in or

about a correctional facility and the qualifications, powers, duties and

conduct of adult probation officers;

(2) Section 48 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) prescribing bail supervision programs for the

purposes of paragraph 9(2 )( e);

(3) Section 48 of the Act is amended by adding

immediately after paragraph (

u) the following:

(u.1) prescribing a means of communication for the

purposes of paragraph 2(1 )( o);

(4) Paragraph 48( aa ) of the

Act is amended by deleting the words "probation officer" and

substituting the words "adult probation officer".

(5) Section 48 of the Act is amended by adding immediately

after paragraph ( dd ) the following:

(dd.1) respecting

investigations conducted under this Act;

35. Subsections 50(10) to (13) of the Act are repealed

and the following substituted:

(10) Section 2 of the Uniformed Services Pensions

Act, 2012 is amended by adding immediately after paragraph (

d) the

following:

(d.1) "correctional

facility" means a correctional facility as de-fined in the Correctional

Services Act ;

(11) Subparagraph 2(e )( ii) of

the Uniformed Services Pensions Act, 2012 is repealed and the following

substituted:

(ii) the chief superintendent, the superintendent of a correctional

facility and every commissioned and correctional officer of a correctional

facility,

(12) Paragraph 2(

j) of the Uniformed Services

Pensions Act, 2012 is repealed.

(13) Subsection 37(1) of the Uniformed Services

Pensions Act, 2012 is amended by deleting the reference to "the Prisons

Act " and substituting a reference to "the Correctional

Services Act ".

Repeal

36. The Correctional

Services (Amendment) Act , SNL2019 c.13 is repealed.

Commencement

37. This Act comes into force on the day the Correctional Services Act comes into

force.

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