British Columbia Order in Council — Amendment to Correction Act Regulation (O.C. 309/2020)

O.C. 309/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Correc tion Act Regulation, B.C. Reg. 58/2005, is amended as set out in the attached Schedule. Minister of Public Safety and Solicitor General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Correction Act, S.B.C. 2004, c. 46, s. 33 (2) Other: OIC 161/2005 R10354122 June 8, 2020 ~

SCHEDULE

Section 2 (1) (

b) of the Correction Act Regulation, B.C. Reg. 58/2005, is amended by adding “the opportunity for at least 2.5 hours per day out of the inmate’s cell, including the opportunity for” before “a daily exercise period” and by striking out “hour, in” and substituting “hour that is in”. 2

Section 5 (1) (

d) is amended (

a) in subparagraph (ii) by striking out “ and”, and (

b) by adding the following subparagraph: (ii.1) how to make submissions ab out why separate confinement under

section should not continue or should be for a shorter period of time, and . 3

Section 9 (1) (

d) is amended by striking out “ to”. 4

Section 17 (1) (a) (

v) by adding “ or” after “reason,”. 5

Section is amended (

a) by repealing subsection (1) and substituting the following:

(1) A disciplinary hearing must be pr esided over by a person appointed by the assistant deputy minister. , (

b) by repealing subsection (2), and (

c) in subsection (3) by striking out “ (1) (b)” and substituting “(1)”. 6

Section is amended by adding the following subsection:

(5) The person presiding over the discip linary hearing may conduct the hearing in person or by way of telephone, video conference or other communication medium. 7

Section is amended (

a) in subsection (1) (

d) by striking out “ subsections (2) and (3), ” and substituting “subsection (3),” and by striking out “30” and substituting “15”, (

b) by repealing subsection (2), (

c) by repealing subsection (3) (

a) and substituting the following: (

a) while the inmate is confined to a cell in the segregation unit under subsection (1) (

d) for one or more previous breaches, the penalties must be served concurrently with confinement ending on the latest end date of those penalties, or , and (

d) by repealing subsection (5) and substituting the following:

(5) If an inmate applies to the person who presided over a disciplinary hearing for a reduction or suspension of the penalty imposed, the person who presided over the disciplinary hearing or, if that person is not available, an employee under the Public Service Act who is either designated by the assistant deputy minister or in a class of persons designated by the a ssistant deputy minister, must make a decision within 5 days of receipt of the application and advise the inmate of the decision, the reasons and any conditions in writing. 8

Section is amended (

a) in subsection (4) (c) (ii) by striking out “ and presided over by a person appointed by the assistant deputy minister”, and (

b) in subsection (5) (

a) by striking out “ the assistant deputy minister must” and substi- tuting “the assistant deputy minister, or an employee under the Public Service Act who is either designated by the assistant de puty minister or in a class of persons designated by the assistant deputy minister, must”. 9

Section 38 (3) (

c) is am ended by striking out “practices” and substituting “practises”.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 309/2020
Type	order_in_council
Volume / chapter	arc oic 0309 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9714ea6ba57c0100ff21a123f1b8d7693eaaaa3d

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