Correctional Services Transformation Act, 2018 — Bill 195 (41st Parliament, 2nd Session)

Bill 195, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 195

An Act to enact the Ministry of Community Safety and Correctional Services Act, 2018 and the Correctional Services and Reintegration Act, 2018, to make related amendments to other Acts, to repeal

an Act and to revoke a regulation The Hon. M.-F. Lalonde Minister of Community Safety and Correctional Services Government Bill 1st Reading February 20, 2018 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill enacts or amends various Acts, repeals

an Act and revokes a regulation. The major elements of the Bill are described below.

SCHEDULE 1 MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES ACT, 2018 The

Schedule enacts the Ministry of Community Safety and Correctional Services Act, 2018. The

Schedule continues the Ministry of Community Safety and Correctional Services in a new Act. The duties and powers of the Minister are set out. The

Schedule provides for the appointment of employees and delegations to them.

SCHEDULE 2 CORRECTIONAL SERVICES AND REINTEGRATION ACT, 2018 The

Schedule enacts the Correctional Services and Reintegration Act, 2018.

Part I (Purpose and

Interpretation)

Part I sets out the purpose of the Ontario correctional system and the

definitions used in the Act.

Part II (Administration)

Part II sets out the Minister’s functions under the Act. It also includes the Minister’s powers to delegate and to enter into contracts or agreements. The rules respecting the co llection, use and disclosure of personal information for the purpose of discharging the Minister’s functions, and for research purposes, are set out. Persons providing volunteer services to the Ministry are required to serve under the direction of an emplo yee in the Ministry, a contractor or an employee of a contractor.

Rules respecting confidentiality, the disclosure of personal information and the publication of policies, procedures and data are set out. The Minister is required to conduct a review of the Act every five years. The Part also provides for the designation of correctional institutions. The units within a correctional institution shall be assigned a security classification. The Lieutenant Governor in Council appoints an Independent Regional Cha ir and members of the review roster who serve as Disciplinary Hearings Officers or as members of an Independent Review Panel.

The Minister establishes community advisory boards. The Minister designates one or more superintendents to be responsible for the administration of each correctional institution. Their powers and duties are set out. Correctional institutions may be designated in writing for use by a police services board as a lock -up. The Minister may also designate facilities as community resource c entres for the rehabilitation and supervision of individuals under community supervision or inmates in a community setting.

The Part establishes a code of conduct for correctional services employees and sets out training, standards and performance expectations. Rules respecting conflicts of interest are also set out. The Lieutenant Governor in Council is required to establish a First Nations, Inuit and Métis Advisory Committee to provide advice.

The Minister and any person employed in the administration of the Act are required to consider systemic and individual circumstances for First Nations, Inuit or Métis individuals under community supervision and inmates and to consider their unique needs and circumstances when making a decision to limit their liberty. Superintendents are required to make the services of a First Nations, Inuit or Métis Elder or Spiritual Advisor available. The Minister has the power to designate peace officers and appoint provincial bailiffs.

Liability protection for the Deputy Minister and other employees in the Ministry is set out, but this does not relieve the Crown of any liability.

Part III (Admission of Inmates)

Part III sets out the procedure for admitting inmates to a correctional institution. Certain information must be provided to inmates on admission. Inmates shall be assigned a security classification on admission and placed in a correctional instituti on based on their classification and other criteria. The superintendent is required to conduct an initial assessment on newly a dmitted inmates, along with a further assessment for certain inmates. These assessments are used to develop a case management plan for the inmate. Provisions for providing assistance upon the release of an inmate are also set out.

Part IV (Inmate Living Conditions and Standards)

Part IV sets out the living conditions and standards that the superintendent is required to provide. Cruel or inhumane treatment or punishment is prohibited. Standards are established for peaceful assembly and association, religious and spiritual programs, accommodation, food, clothing, hygiene, health care and other matters.

Part V (Segregation and Restrictive Confinement)

Part V sets out requirements with respect to segregation and restrictive confinement. Inmates held in conditions that constitute segregation or restrictive confinement retain all rights and privileges of inmates in general population housing except those that can only be enjoyed in association with other inmates. Certain inmates cannot be h eld in conditions that constitute segregation, including inmates who are pregnant, chronically self-harming or suicidal or who have significant mental illnesses or developmental disabilities.

Inmates shall not be held in conditions that constitute segregat ion for more than 15 consecutive days or for more than 60 aggregate days in a 365 -day period. The aggregate day maximum can be exceeded if authorized by a decision of the Independent Review Panel. These limits do not apply in prescribed correctional institutions. Superintendents may hold inmates in non -disciplinary segregation in certain exceptional cases if all other options to manage the inmate have been exhausted. The superintendent shall maintain a record of the options that were exhausted before the inmate was held in those conditions.

The superintendent shall also conduct a preliminary review of the case within 24 hours after they are placed in those conditions. Inmates being held in conditions that constitute segregation for non -disciplinary reasons must be offered the opportunity at regular intervals to associate with others. Provisions for regular visits by health care professionals to inmates held in conditions that constitute segregation are provided. In particular, a member of the mental health ca re service team must review the inmate’s mental health at least once every five days.

A referral must be made to the Independent Regional Chair to have a hearing before an Independent Review Panel when an inmate has been held in conditions that constitute segregation for non -disciplinary reasons for either five or 10 consecutive days. A referral must also be made for any inmate held in conditions that constitute segregation when they reach 30 and 55 aggregate days of being held in those conditions.

Upon receiving a referral, the Chair shall convene an Independent Review Panel to review the inmate’s case and determine whether it is reasonable to continue holding the inmate in conditions that constitute segregation. The Panel can also authori ze a superintendent to continue to hold an inmate past the limit of 60 aggregate days in a 365 -day period.

Part VI (Discipline)

Part VI sets out requirements with respect to discipline. Restrictions on discipline are set out, including the use of an instrument of restraint as punishment, restrictions on food or water and the imposition of conditions that constitute segregation if not in accordance with the Act. Actions that constitute inmate misconduct are set out. Correctional services employees are to refer alleged misconduct to the superintendent. If the superintendent determines that it is not serious misconduct, the superintend ent conducts an interview with the inmate and may impose certain disciplinary sanctions.

The superintendent’s decisions may be appealed to the Minister. An allegation of serious misconduct shall be referred to a Disciplinary Hearings Officer. The Officer c onducts a hearing and may impose more significant disciplinary measures if he or she determines that the inmate has committed serious misconduct, including imposing conditions that constitute segregation for no more than 15 consecutive days. The inmate may seek to have a decision of the Officer reviewed by another Disciplinary Hearings Officer.

Part VII (Operation of Correctional Institutions)

Part VII provides for the operation of correctional institutions. The Minister is required to establish general pro grams, rehabilitation and work programs. The superintendent may provide inmates an opportunity to participate in programs, activities or work outside the correctional institution. Superintendents are required to establish and maintain a library. They are a lso required to hold money for inmates to allow them to purchase items. Provisions respecting visitors are set out. The superintendent may impose conditions or limitations on visitors.

Limits on the use of force and of instruments of restraint are set out. Force used shall be reasonable and not excessive, having regard to the nature of the threat posed and all other circumstances of the case. Restraints may only be used in accordance with the Act and the regulations. Limitations on the use of restraints during and after labour and childbirth are set out. The Minister may make regulations establishing a complaints process for inmates and for individuals under community supervision.

iii Provisions for the authorization of temporary absences, remission and lockdown s are provided. Provisions for notice in the case of serious illness, injury or death are also set out.

Part VIII (Searches)

Part VIII sets out requirements with respect to searches. Correctional services employees are required to conduct routine non -intrusive searches when inmates are admitted to or otherwise enter the institution. Other non-intrusive searches may be conducted at different times. Strip searches may be authorized by the superintendent to be carried out at certain times, such as when the inm ate enters or leaves the institution.

Strip searches without authorization may be conducted if the delay required to obtain the authorizati on would result in danger to the security of the institution or the safety of persons or in the loss or destruction o f contraband or evidence. Records of searches must be created and retained. Authorized persons may demand that inmates submit to substance testing. Letters and parcels may be opened and inspected for contraband and may be read in certain cases. The superin tendent may also refuse to forward letters or parcels in certain situations.

The superintendent may authorize listening to telephone conversations between inmates and other persons in accordance with the regulations. Other provisions are provided for searc hes of correctional services employees, visitors or the entire correctional institution. Visitors may choose to leave the premises instead of consenting to a search.

Part IX (Inspections, Investigations and Inquiries)

Part IX sets out requirements with respect to inspections, investigations and inquiries. The Minister appoints a Chief of Investigations to conduct inspections or investigations in connection with code of conduct compliance, employee, contractor or volunteer conduct and other matters. The Chief may appoint inspectors or investigators to conduct these on his or her behalf. The Minister may also appoint a person to make an inquiry into any matter to which the Act applies. The Lieutenant Governor in Council appoints an Inspector General of Correctional Services.

The Inspector General’s duties include a duty to monitor and conduct inspections r elated to the Ministry’s compliance with the Act , the regulations and Ministry correctional policies and procedures. The Inspector General is entitled to receive prescribed information in accordance with the regulations from every person employed in the ad ministration of the Act and to receive certain information on request. The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Inspector General’s duties are set out.

The Inspector General may appo int inspectors and cause inspections to be conducted. Inspectors have a wide variety of inspection powers, including the power to require responses to their inquiries. Inspectors report their findings to the Inspector General. If the Inspector General believes that the report discloses evidence of non-compliance with the Act, the regulations or a Ministry correctional policy or procedure, he or she shall issue directions to the Minister to remedy the non-compliance.

The Part provides offences relating to ob struction of inspectors or investigators, failure to provide information and the provision of false or misleading information.

Part X (Ontario Parole Board)

Part X continues the Ontario Parole Board and governs the granting of parole. It sets out procedure s for applying for parole, revocation of parole before release and remission. Parole may be suspended after release in certain circumstances.

Part XI (Probation Officers)

Part XI provides for the appointment of probation officers and their duties.

Part XII (General Provisions)

Part XII sets out general provisions that apply. The Statutory Powers Procedure Act does not apply to decisions made or proceedings conducted before the Act, except proceedings before the Ontario Parole Board. Some provisions in the Statutory Powers Procedure Act do not apply to the Ontario Parole Board proceedings. The Lieutenant Governor in Council’s regulation-making powers are set out.

Part XIII (Transition)

Part XIII provides for transitional matters.

Part XIV (Self-Amendments)

Part XIV sets out amendments to the Act. Certain amendments are made to update the language in the Act to reflect Bill 175 (the Safer Ontario Act, 2017 ) if that Bill receives Royal Assent and comes into force. Another amendment is made to update a reference if the Child, Youth and Family Services Act, 2017 comes into force. Various sections in

Part V (Segregation and Restrictive Confinement) provide exceptions for prescribed correctional institutions.

Part XIV repeals those exceptions. It also repeals the a bility of Disciplinary Hearings Officers to impose conditions that constitute segregation as a disciplinary measure and replaces it with an ability to impose conditions that constitute restrictive confinement. These amendments all come into force 10 years after Royal Assent or on such earlier date as the Lieutenant Governor may proclaim.

SCHEDULE 3 REPEAL, RELATED AMENDMENTS AND REVOCATION The

Schedule repeals the Ministry of Correctional Services Act and the regulation under that Act. It also amends variou s Acts to make consequential and related amendments relating to the repeal of that Act and to the content of the Ministry of Community Safety and Correctional Services Act, 2018 and the Correctional Services and Reintegration Act, 2018.

Bill 195 2018

An Act to enact the Ministry of Community Safety and Correctional Services Act, 2018 and the Correctional Services and Reintegration Act, 2018, to make related amendments to other Acts, to repeal

an Act and to revoke a regulation CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Ministry of Community Safety and Correctional Services Act, 2018

Schedule 2 Correctional Services and Reintegration Act, 2018

Schedule 3 Repeal, Related Amendments and Revocation Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Correctional Services Transformation Act, 2018.

SCHEDULE 1 MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES ACT, 2018 CONTENTS 1.

Definitions 2. Ministry continued 3. Minister to have charge 4. Duties of Minister 5. Deputy Minister 6. Employees 7. Delegation 8. No personal liability 9. Commencement 10.

Short title

Definitions 1 In this Act, “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister. (“ministère”) Ministry continued 2 The Ministry of the public service known in English as the Ministry of Community Safety and Correctional Services and in French as ministère de la Sécurité communautaire et des Services correctionnels is continue d.

Minister to have charge 3 The Minister shall preside over and have charge of the Ministry. Duties of Minister 4 The Minister is responsible for the administration of this Act and any Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. Deputy Minister 5 The Lieutenant Governor in Council may appoint one or more Deputy Ministers of the Ministry. Employees 6 Such employees as are required from time to time for the proper conduct of the business of the Minist ry may be appointed under

Part III of the Public Service of Ontario Act, 2006. Delegation 7

(1) The Minister may delegate in writing any power or duty granted to or vested in the Minister by this or any other Act to a Deputy Minister or to any employee in the Ministry. Limitations

(2) A delegation may provide that it is subject to limitations, restrictions, conditions or requirements. Deeds and contracts executed by delegate

(3) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under subsection (1). No personal liability 8

(1) No action or other proceeding may be instituted against a Deputy Minister or any other employee in the Ministry, or anyone acting under a Deputy Minister’s authorit y, for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.

3 Commencement 9 The Act set out in this

Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title 10 The

short title of the Act set out in this

Schedule is the Ministry of Community Safety and Correctional Services Act, 2018.

SCHEDULE 2 CORRECTIONAL SERVICES AND REINTEGRATION ACT, 2018 CONTENTS

Preamble

PART I PURPOSE AND

INTERPRETATION 1. Purpose of correctional system 2.

Definitions

PART II ADMINISTRATION MINISTER 3. Minister’s functions 4. Agreements 5. Personal information 6. Disclosure for research purpose 7. Volunteers 8. Confidentiality 9. Policies and procedures available to the public 10. Annual publication of data 11. Review of Act CORRECTIONAL INSTITUTIONS 12. Correctional institutions 13. Security classification 14. Independent Regional Chair 15. Community advisory boards SUPERINTENDENT 16. Superintendent of correctional institution 17. Delegation by superintendent 18. Use of lock-up COMMUNITY RESOURCE CENTRES 19. Community resource centre CORRECTIONAL SERVICES STAFF 20.

Code of conduct 21. Training, standards and performance expectations 22. Contracts, conflicts of interest, etc. FIRST NATIONS, INUIT AND MÉTIS PERSONS 23. First Nations, Inuit and Métis Advisory Committee 24. Systemic and individual circumstances 25. Elders and Spiritual Advisors PEACE OFFICERS AND BAILIFFS 26. Designation of peace officers 27. Provincial bailiffs MISCELLANEOUS 28. No personal liability

PART III ADMISSION OF INMATES 29. Admission into custody 30. Custody before sentencing 31. Sentence to correctional institution 32. Warrant ineffective to specify correctional institution 33. Information to be provided 34. Individual classification 35. Criteria for selection of institution 36. Inmate property 37. Housing of inmates 38. Initial assessment 39. Assistance upon release

PART IV INMATE LIVING CONDITIONS AND STANDARDS 40. Superintendent’s duty 41. Cruel or inhumane treatment or punishment prohibited 42. Peaceful assembly and association 43. Religious and spiritual programs 44. Contribution to decisions

5 45. Accommodation standards 46. Food 47. Clothing 48. Hygiene 49. Health care 50. Prenatal and postnatal care 51. Letters 52. Borrowing of books 53. Recreation 54. Work 55. Visits 56. Telephone system

PART V SEGREGATION AND RESTRICTIVE CONFINEMENT CONDITIONS 57. Conditions of segregation and restrictive confinement 58. 15-day consecutive maximum 59. 60-day aggregate maximum NON-DISCIPLINARY SEGREGATION 60. Non-disciplinary segregation 61. Review 62. Opportunities for movement or association with others HEALTH CARE AND REVIEW OF CONDITIONS 63. Health care in segregation 64. Multi-disciplinary review committee INDEPENDENT REVIEW PANEL 65. Non-disciplinary segregation reports and referral 66. Referral at 30 and 55 aggregate days 67. Review hearings

PART VI DISCIPLINE RESTRICTIONS 68. Discipline in accordance with Act 69. Restrictions on discipline MISCONDUCT 70. Misconduct 71. Referral of misconduct 72. Superintendent review of misconduct 73. Serious misconduct 74. Disciplinary measures 75. Review 76. Alleged offence does not prevent discipline

PART VII OPERATION OF CORRECTIONAL INSTITUTIONS PROGRAMS AND SERVICES 77.

Definitions 78. Programs to be established 79. Programs, activities or work outside the institution 80. Library 81. Purchase of items VISITORS 82. Access to correctional institutions 83. Family support and contact programs 84. Member of Legislative Assembly, etc. RESTRICTIONS ON THE USE OF FORCE AND RESTRAINTS 85. Use of force 86. Use of instruments of restraint COMPLAINTS 87. Inmate complaint process 88. Community supervision complaint process TEMPORARY ABSENCES 89. Temporary absence request 90. Cancellation or revocation of temporary absence 91. Custody REMISSION 92. Remission

6 93. Determinations of remission LOCKDOWNS 94. Lockdowns ILLNESS, INJURY OR DEATH 95. Notification of serious illness or injury 96. Notification of death 97. Compassionate allowance

PART VIII SEARCHES

DEFINITIONS 98.

Definitions INMATE SEARCHES 99. Non-intrusive searches 100. Strip searches 101. Refusal or resistance to search 102. Search records 103. Substance testing 104. Communication searches 105. Seizure OTHER SEARCHES 106. Correctional services employee searches 107. Visitor searches 108. Institution search

PART IX INSPECTIONS, INVESTIGATIONS AND INQUIRIES MINISTER’S INSPECTIONS, INVESTIGATIONS AND INQUIRIES 109.

Definitions 110. Chief of Investigations 111. Ministerial inquiry INSPECTOR GENERAL 112. Inspector General of Correctional Services 113. Annual report 114. Information to Inspector General in accordance with regulations 115. Personal information 116. Inspector General inspectors 117. Request for inspection by Minister INSPECTIONS AND INVESTIGATIONS 118. Inspection or investigation without order 119. Inspection or investigation powers 120. Power to require response to inquiries 121. Referrals 122. Identification 123. Detention of things, documents or data RESULTS OF INSPECTOR GENERAL INSPECTION 124.

Results of inspection 125. Evidence of non-compliance 126. Failure to comply with Inspector General’s direction OFFENCES 127. Obstruction

PART X ONTARIO PAROLE BOARD 128. Ontario Parole Board 129. Board chair and quorum 130. Exclusive jurisdiction of Board 131. Granting of parole 132. Application for parole 133. Application to Board 134. Revocation of parole before release 135. Victims 136. Remission 137. Duty to submit information to Board 138. Suspension of parole after release 139. Act not to affect executive power to reprieve, pardon, etc.

PART XI PROBATION OFFICERS 140. Meaning of “court”,

Part XI

7 141. Appointment of probation officers 142. Duties of probation officer

PART XII GENERAL PROVISIONS 143. Application of Statutory Powers Procedure Act 144. Regulations

PART XIII TRANSITION 145. Calculation of days of segregation

PART XIV SELF-AMENDMENTS 146. Self-amendment

PART XV COMMENCEMENT AND

SHORT TITLE 147. Commencement 148.

Short title

Preamble The people of Ontario and their Government, (

a) believe in the furtherance of a just, peaceful and safe society through maximizing individual opportunities for rehabilitation and reintegration both within correctional institutions and in the community; (

b) believe in the critical importance of public safety; (

c) respect the pre sumption of innocence and recognize the particular circumstances of individuals who are incarcerated without criminal conviction; (

d) affirm our commitment to respect the human dignity of individuals who are incarcerated or under community supervision, in cluding by respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code; (

e) believe that our correctional system must respect diversity and be responsive to the unique needs of all individuals, particularly those identifying under protected grounds in the Human Rights Code and groups that are disproportionately disadvantaged by or over-represented in our correctional system; (

f) believe that the policies, programs, practices and decisions of our c orrectional system must be responsive to the needs of First Nations, Inuit and Métis people; (

g) affirm our obligation to provide safe and humane custody and care, including through the provision of adequate conditions of confinement and appropriate, pati ent-centred, equitable health care services that respect clinical independence and provide continuity of care with services provided in the community; (

h) affirm that individuals who are incarcerated or under community supervision retain the rights of all members of society except those that are necessarily removed or restricted as a consequence of confinement or sentence; (

i) affirm that only the least restrictive measures consistent with the protection of society and individual safety are used in relation to the administration of this Act; (

j) recognize the need for evidence-based programs and services to support rehabilitation and reintegration; (

k) recognize the value of recreational and cultural activities for inmates; (

l) recognize the necessity of family and community connections and supports for inmates; (

m) recognize the importance of professional support, training and a safe working environment for correctional staff; (

n) firmly believe transparency, openness, oversight and public accountabi lity are critical to ensure that the correctional system is governed and operated in a way that is subject to the rule of law, respects individual rights and freedoms and reflects the interest of the public; and (

o) recognize the importance of ensuring th at, upon release from custody, individuals have access to essential personal property and medication, and that continuity of care is facilitated through connections with community -based service organizations.

PART I PURPOSE AND

INTERPRETATION Purpose of correctional system 1 The purpose of the Ontario correctional system is to contribute to public safety and the maintenance of a just, peaceful and safe society by, (

a) providing necessary, proportionate and humane measures of security and control to allow for appropriate supervision of individuals under community supervision and inmates; (

b) promoting reintegration and rehabilitation through programs and services that address the needs and circumstances of individuals under community supervision and inmates; and (

c) providing the services and facilities necessary for the safe and humane custody and care of inmates.

Definitions 2 In this Act, “alternative housing” means housing for inmates who require accommodation or services that cannot be provided for w ithin the general inmate population, and includes prescribed types of housing; (“logement parallèle”) “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Board” means the Ontario Parole Board continued by

section 128; (“Commission”) “community resource centre” means a residential or non-residential facility designated under

section 19 that provides services to individuals under community supervision and inmates in a setting away from a correctional institution, regardless of whether it is operated or maintained by the Minister or by a contractor; (“centre de ressources communautaires”) “conditional sentence” means a sentence served by an individual pursuant to a conditional sentence order imposed under

section 742.1 of the Criminal Code (Canada); (“peine avec sursis”) “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, 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; (“objet interdit”) “contractor” means an i ndividual, corporation, partnership or unincorporated association that enters into a contract or agreement under subsection 4 (2) to provide services to the Ministry in respect of 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 12, but does not include a place of open custody, a place of secure custody or a detention facility 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 functions of the Minister under this Act, including, (

a) the operation and maintenance of correctional institutions, and (

b) the supervision of individuals under community supervision; (“service correctionnel”) “correctional services employee” means a person employed in the Ministry who provides, facilitates or supports the provision of correctional services; (“employé des services correctionnels”) “de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”) “Deputy Minister” means the Deputy Minister of Correctional Services; (“sous -ministre”) “general population housing” means housing for inmates wit hin a correctional institution, other than alternative housing; (“logement destiné à la population carcérale générale”) “health care service team” means a team of health professionals established under subsection 49 (3) who provide health care to inmates; (“équipe de services de soins de santé”) “Independent Regional Chair”, in respect of a correctional institution, means the Independent Regional Chair appointed under

section 14 for the region in which the correctional institution is located; (“président régional indépendant”)

9 “individual under community supervision” means a probationer, parolee, individual subject to a conditional sentence or other prescribed person; (“particulier faisant l’objet d’une surveillance dans la collectivité”) “inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, including inmates on a temporary absence, but does not include a young person within the meaning of the Youth Criminal Justice Act (Canada) unless he or she receives an adult sentence within the meaning of that Act; (“détenu”) “Inspector General” means the Inspector General of Correctional Services appointed under subsection 112 (1); (“inspecteur général”) “lockdown” means a state imposed by the superintendent under

section 94; (“confinement cellulaire”) “mental health care service team” means a team of health professionals established under subsection 49 (3) with knowledge and skill in mental health care who provide mental health care to inmates; (“équipe de services de soins de santé mentale”) “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“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” , “liberté conditionnelle”, “personne en liberté conditionnelle”) “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act ; (“renseignements personnels”) “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 ord er or community service order, and “probationer” means a person who is subject to a probation order or community service order; (“probation”, “probationnaire”) “psychiatrist” has the same meaning as in the Mental Health Act; (“psychiatre”) “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”) “research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”) “research ethics board” means a board of persons that is established for the purpose of approving research plans under sectio n 6 and that meets the prescribed requirements; (“commission d’éthique de la recherche”) “restrictive confinement” means, subject to the regulations, any type of custody where an inmate is highly restricted in movement and association with others for a period of time or in a manner that is more restrictive t han the standard in general population housing in the correctional institution, but that is not sufficient to meet the definition of segregation; (“détention restrictive”) “segregation” means any type of custody where an inmate is highly restricted in move ment and association with others for 22 hours or more a day; (“isolement”) “serious misconduct” means prescribed types of misconduct. (“faute grave”)

PART II ADMINISTRATION MINISTER Minister’s functions 3 The Minister’s functions under this Act include, but are not limited to, (

a) enhancing public safety by providing facilities, programs and services designed to reduce recidivism and assist in the rehabilitation and reintegration of individuals under community supervision and inmates; (

b) establishing, maintaining and operating correctional institutions; (

c) providing services to ensure the safe and humane custody and care of inmates; (

d) providing support for inmates to access conditional release and parole, where appropriate, to assist in their rehabilitation and reintegration; (

e) providing appropriate supervision for individuals under community supervision;

10 (

f) providing investigation, oversight and accountability measures in relation to the Minister’s compliance with this Act and the regulations; (

g) establishing policies and procedures to ensure that no person administers, instigates, consents to or acquiesces in any cruel, inhumane or degrading treatment or punishment; (

h) facilitating and conducting policy and program development, system plan ning and the monitoring and evaluation of programs and services to review effectiveness; (

i) assisting in the co-ordination of correctional services with others in the justice sector; (

j) providing information to the public respecting the operation of in dividual correctional institutions and the correctional system as a whole; (

k) developing and maintaining professional standards, including training, for correctional services employees; and (

l) facilitating and conducting research activities relating t o the Minister’s functions under this Act and the purposes of this Act. Agreements and delegations 4

(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 Crow n in right of Canada or of any other province of Canada, with a municipality, police services board, band or First Nations, Inuit or Métis community respecting, (

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

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

c) any matter relating to the supervision and rehabilitation of an inmate, parolee or probationer. Contracts and agreements

(2) The Minister may, on behalf of the Crown in right of Ontario, enter into any contract or agreement that he or she considers advisable for the purpose of carrying out the responsibilities of the Ministry or otherwise carrying out the provisions of this Act. Exception

(3) Despite subsections (1) and (2), the Minister and employees of the Ministry shall not e nter into a contract or agreement to have a correctional institution operated by a private, for-profit entity. No delegation

(4) Despite

section 7 of the Ministry of Community Safety and Correctional Services Act, 2018 , the Minister shall not delegate the power under

section 111 to appoint a person to make an inquiry and the duty to receive the results of that inquiry. Limited delegation to Deputy Minister

(5) Despite

section 7 of the Ministry of Community Safety and Correctional Services Act, 2018 , the M inister may delegate the following duties and powers under this Act to the Deputy Minister: 1. The duty to receive decisions of an Independent Review Panel made under subsection 67 ( 15) and the power to refer those decisions to an Independent Regional Cha ir under subsection 67 (16) , but only on the condition that the Deputy Minister provide summaries of the Panel’s decisions to the Minister. 2. The power under subsection 110 (1) to appoint a Chief of Investigations. 3. The power under

section 117 to request that the Inspector General cause an inspection to be conducted. Personal information 5

(1) The Minister may use personal information that is in the custody or control of the Ministry for the purpose of discharging a duty set out in clause 3 (h), (i), (

j) or (

l) in accordance with this section. Other information serves purpose

(2) The Minister shall not use personal information under subsection (1) if other information will serve the purpose of the use. Personal information limited to what is reasonably necessary

(3) The Minister shall not use more personal information under subsection (1) than is reasonably necessary to meet the purpose of the use.

11 Accuracy

(4) Before using personal information under subsection (1), the Minister shall take reaso nable steps to ensure that the information is as accurate as is necessary for the purpose of the use. De-identification

(5) Before personal information is used under subsection (1), a prescribed unit of the Ministry shall, (

a) create a record containing the minimal amount of personal information necessary for the purpose of de -identifying the information and linking it to other information in the custody or control of the Minister; and (

b) de-identify the personal information. Link

(6) The prescribed unit of the Ministry may link the personal information that has been de -identified under subsection (5) to other de-identified personal information under the custody or control of the Minister. Security

(7) The Minister shall take reasonable measures to sec ure the personal information provided to the prescribed unit under subsection (5). Rights of access and correction

(8) Nothing in this

section limits the right of an individual under any Act to access and correct personal information about the individual. Disclosure for research purpose 6

(1) This

section applies with respect to the disclosure for a research purpose of personal information that was provided by the Minister to the prescribed unit under subsection 5 (5). Circumstances for disclosing personal information

(2) The Minister may disclose collected personal information to a researcher for a research purpose if the researcher, (

a) submits to the Minister, (

i) an application in writing, (ii) a research plan that meets the requirements of subsection (3), and (iii) a copy of the decision of a research ethics board that approves the research plan; and (

b) enters into an agreement with the Minister that complies with the prescribed requirements. Research plan

(3) A research plan must be in writing and must set out, (

a) the affiliation of each person involved in the research; (

b) the nature and objectives of the research and the public or scientific benefit of the research that the researcher anticipates; and (

c) any other prescribed matters related to the research. Consideration by board

(4) When deciding whether to approve a research plan that a researcher submits to it, a research ethics board shall consider the matters that it considers relevant, including, (

a) whether the objectives of the research can reasonably be accomplished without using the personal information that is to be disclosed; (

b) whether, at the time the research is conducted, adequate safeguards will be in place to protect the privacy of the individuals whose personal information is being disclosed and to preserve the confidentiality of the information; (

c) the public interest in conducting the research and the public interest in protecting the privacy of the individuals whose personal information is being disclosed; and (

d) whether obtaining the consent of the individuals whose personal information is being disclosed would be impractical. Decision of board

(5) After reviewing a research plan that a researcher has submitted to it, the research ethics board shall provide t o the researcher a decision in writing, with reasons, setting out whether the board approves the plan, and whether the approval is subject to any conditions, which must be specified in the decision.

12 Requirements on researcher

(6) A researcher who receives personal information about an individual under this

section shall, (

a) comply with the conditions, if any, specified by the research ethics board under subsection (5); (

b) use the information only for the purposes set out in the research plan as approve d by the research ethics board; (

c) not publish the information in a form that could reasonably enable a person to ascertain the identity of the individual; (

d) not disclose the information except as required by law and subject to the exceptions and addi tional requirements, if any, that are prescribed; (

e) not make contact or attempt to make contact with the individual, directly or indirectly, unless the Minister first obtains the individual’s consent to being contacted; (

f) notify the Minister immediat ely in writing if the researcher becomes aware of any breach of this subsection or the agreement described in clause (2) (b); (

g) comply with the agreement described in clause (2) (b); and (

h) comply with the prescribed requirements. Volunteers 7 Every person providing volunteer services to the Ministry shall serve under the direction of an employee in the Ministry, a contractor or an employee of a contractor. Confidentiality 8

(1) Every person employed in the administration of this Act, including any pe rson making an inspection, investigation or inquiry under this Act, shall preserve confidentiality in respect of all matters that come to his or her knowledge in the cou rse of his or her duties, employment, inspection, investigation or inquiry and shall no t communicate any such matters to any other person except, (

a) as may be required in connection with the administration of this Act, the Corrections and Conditional Release Act (Canada), the Prisons and Reformatories Act (Canada), the Youth Criminal Justi ce Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder; (

b) to the Inspector General, the Ombudsman of Ontario, the Correctional Investigator of Canada or such other person as may be prescribed; (

c) in a de-identified form; or (

d) with the approval of the Minister. Exception

(2) Despite subsection (1) and any other Act, a correctional services employee who is designated by the Deputy Minister or by a delegate of the Deputy Minister who is at least at the level of an assistant deputy minister may disclose personal information about an individual in accordance with the regulations. 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, including the conduct of civil proceedings. 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 proces ses respecting any individual. Personal information

(4) Any disclosure made under subsection (2) shall be deemed to be in compliance with clause 42 (1) (

e) of the Freedom of Information and Protection of Privacy Act.

13 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. Policies and procedures available to the public 9

(1) The Minister shall make Ministry policies and procedures respecting correctional services available to the public on a website of the Government of Ontario. Redaction

(2) The Minister may redact the policies in the interests of security of the correctional institution or the safety of persons. Annual publication of data 10 The Minister shall, at least once per calendar year, publish data or other information on a website of the Government of Ontario that includes, (

a) statistics regarding, (

i) the operation of correctional institutions and the supervision of individuals under community supervision in the previous calendar year, (ii) the use of segregation and restrictive confinement in the previous calendar year, and (iii) any other prescribed topics; (

b) demographic information about individuals under community supervision and inmates in the previous calendar year; and (

c) any other prescribed information. Review of Act 11

(1) The Minister shall conduct a comprehensive review of this Act on or before every fifth anniversary of the day this

section comes into force. Public consultation, etc.

(2) In conducting the review, the Minister shall consult with the public and report the results of the review to the public in accordance with the regulations. CORRECTIONAL INSTITUTIONS Correctional institutions 12

(1) The correctional institutions existing immediately before the coming into force of this subsection continue to exist as correctional institutions. Same

(2) The Lieutenant Governor in Council may, by order, establish or discontinue a correctional institution. 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. Withdrawal

(4) The Lieutenant Governor in Council may, by order, withdraw a designation made under subsection (3). Security classification 13

(1) The Minister shall assign a security clas sification of minimum, medium or maximum security to each unit within every correctional institution. Change of classification

(2) The Minister may assign a new security classification to a unit within a correctional institution by providing notice of the change to the superintendent. Compliance

(3) The superintendent shall ensure that each unit within his or her correctional institution complies with the requirements set out in the regulations for its security classification.

14 Independent Regional Chair 14

(1) The Lieutenant Governor in Council shall appoint one or more Independent Regional Chairs to be responsible for all of the correctional institutions in an assigned region of Ontario and to perform the prescribed duties. Review roster

(2) For each region established under subsection (1), the Lieutenant Governor in Council shall appoint persons to be on the review roster to serve, as directed by the Independent Regional Chair of the region, as Disciplinary Hearings Officers or as members of an Independent Review Panel. Qualifications

(3) A person is not eligible to be appointed as an Independent Regional Chair or as a member of a review roster unless he or she meets such qualifications as may be prescribed. Training

(4) The Minister shall ensure that every Independent Regional Chair and the members of the review roster have received, (

a) training promoting recognition of and respect for the diverse, multi -racial and multicultural character of Ontario society and the rights and cultures of First Nations, Inuit and Métis communities; (

b) training respecting administrative law, including training respecting procedural fairness; and (

c) any other prescribed training. Community advisory boards 15

(1) The Minister shall establish a community advisory board for every correctional institution. Appointments

(2) The Minister shall appoint the members of the community advisory board and shall take reasonable steps to promote the availability of the appointment to members of demographic groups that represe nt the diversity of inmates in the board’s correctional institution, including racialized groups and First Nations, Inuit and Métis communities. Term

(3) An appointment to a community advisory board expires in accordance with the regulations. Training

(4) The Minister shall provide every member of a community advisory board with training to promote recognition of and respect for the diverse, multi-racial and multicultural character of Ontario society and the rights and cultures of First Nations, Inuit and Métis communities. Powers and functions

(5) Community advisory boards have the powers and functions set out in the regulations. SUPERINTENDENT Superintendent of correctional institution 16

(1) The Minister shall designate one or more superintendents for each correctional institution. Responsibility for administration

(2) The superintendent shall be responsible for the administration of the correctional institution. Duties

(3) 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. Same

(4) The superintendent shall ensure that each inmate in the correctional institution is treated in accordance with this Act and the regulations. Deputy superintendent

(5) The Minister may designate in writing one or more deputy superintendents of a co rrectional institution to act in the place of the superintendent if he or she is absent or unable to act and, when so acting, may exercise all the powers and perform al l the duties and functions of the superintendent.

15 Limitations

(6) A designation under subsection (1) or (5) may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation. Delegation by superintendent 17

(1) Any power, duty or function conferred or imposed upon or exercised by a superintendent under this Act or the regulations may, subject to the regulations, be delegated by the superintendent to any correctional services employee employed in the superintendent’s correctional institution. Limitations, etc.

(2) A delegation under subsection (1) shall be subject to such limitations, restrictions, conditions and requirements as the superintendent may impose. Use of lock-up 18

(1) The Minister may designate in writing a correctional institution for use by a police services board 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. Payment by municipality

(2) The municipality that maintains the police services board shall pay to the Minister of Fina nce annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year. Designation of lock-up

(3) The Minister may designate a correctional institution in writing for use as a lock-up by, (

a) the Ontario Provincial Police; or (

b) an entity that employs First Nations Constables who provide a policing service under an agreement between the Minister and a First Nation. Withdrawal

(4) The Minister may withdraw a designation made under this

section at any time. COMMUNITY RESOURCE CENTRES Community resource centre 19

(1) The Minister may designate any facility in writing as a community resource centre for the rehabilitation and supervision of individuals under community supervision or inmates in a community se tting away from a correctional institution. Withdrawal

(2) The Minister may withdraw a designation made under this

section at any time. CORRECTIONAL SERVICES STAFF Code of conduct 20

(1) Every correctional services employee shall comply with the prescribed code of conduct. Failure to comply

(2) The Minister shall consider any failures to comply with the prescribed code of conduct when considering whether to take employment disciplinary action against a correctional services employee. Training, standards and performance expectations Correctional services employees 21

(1) The Minister may make regulations prescribing the training, standards and performance expectations that correctional services employees must comply with. Employees in correctional institutions

(2) The superintendent of a correctional institution shall ensure that the correctional services employees employed in the institution comply with the standards referred to in subsection (1). Other employees

(3) The manager of any correctional services employee who does not work in a correctional institution shall ensure that the employee complies with the training, standards and performance expectations referred to in subsection (1).

16 Contracts, conflicts of interest, etc. Employees not to be interested in contracts 22

(1) No correctional services employee, contractor or employee of 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 relati ng thereto. Buying or selling, fees or gratuities, etc.

(2) No correctional services employee, contractor or employee of a contractor shall, without the approval of the Minister, buy from or sell to any inmate, or individual under community supervision, a nything 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 fro m any visitor thereto or any individual under community supervision or from any other person in respect of individual under community supervision or an inmate. 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. FIRST NATIONS, INUIT AND MÉTIS PERSONS First Nations, Inuit and Métis Advisory Committee 23

(1) The Lieutenant Governor in Council shall establish a First Nations, Inuit and Métis Advisory Committee. Members

(2) The Lieutenant Governor in Council shall appoint the members of the Commi ttee, who must be First Nations, Inuit or Métis persons with knowledge of or experience with the justice system. Function

(3) The Committee shall provide advice to, (

a) the Minister, regarding the provision of correctional services to First Nations, Inui t or Métis individuals under community supervision and inmates; and (

b) the prescribed person, regarding other matters affecting First Nations, Inuit or Métis persons in the justice system. Meetings

(4) The Committee shall meet at the prescribed frequency. Engagement

(5) The Committee shall engage regularly with First Nations, Inuit and Métis communities and other appropriate persons or organizations with knowledge of First Nations, Inuit and Métis matters. Systemic and individual circumstances 24 The Minister and any person employed in the administration of this Act shall, (

a) consider systemic and individual circumstances for First Nations, Inuit or Métis individuals under community supervision and inmates; and (

b) when making a decision to limit the liberties of a First Nations, Inuit or Métis individual under community supervision or inmate, consider the person’s unique needs and circumstances, including the impacts of individual, systemic, cultural and historical factors, and take into account culturally appropriate sanctions and options. Elders and Spiritual Advisors 25

(1) Every superintendent shall make the services of an appropriate First Nations, Inuit or Métis Elder or Spiritual Advisor available to First Nations, Inuit or Métis inmates. Not available

(2) If an inmate requests the services of a First Nations, Inuit or Métis Elder or Spiritual Advisor who is not available, the superintendent shall take reasonable steps to find such an Elder or Spiritual Advisor and to facilitate the inmate’s communication with him or her. Same status

(3) For greater certainty, First Nations, Inuit and Métis spirituality, Elders and Spiritual Advisors have the same status as other faiths and other religious or spiritual care providers.

17 PEACE OFFICERS AND BAILIFFS Designation of peace officers 26

(1) The Minister may designate in writing, (

a) a person who is an employee in the Ministry 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. Limitations

(2) A designation may provide that it is subject to limitations, restrictions, conditions or requirements. Provincial bailiffs 27

(1) The Minis ter 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. Powers

(2) A provincial bailiff has the powers of a constable when conveying an inmate under this section. MISCELLANEOUS No personal liability 28

(1) No action or other proceeding may be instituted against the Deputy Minister or any other employee in the Ministry, or anyone acting under the Deputy Minister’s authority, for any act of an inmate, or individual under community supervision, while under the person’s custody or supervision. Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.

PART III ADMISSION OF INMATES Admission into custody 29

(1) A superintendent of a correctional institution shall not admit any person into custody at an institution except und er the authority of a warrant of committal, an order for remand or other judicial document constituting authority for detention of t he person therein. Exception

(2) Despite subsection (1), a superintendent shall admit a person into custody at a correction al institution without a warrant of committal, an order for remand or other judicial document if, (

a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution; (

b) the person is delivered to the institution after being apprehended under

section 138; (

c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit; or (

d) the institution is designated as a lock-up. If immediate medical attention needed

(3) Despite clause (2) (d), the superintendent of a correctional institution that is designated as a lock -up shall not admit into custody at the institution any person who is in need of immediate medical attention. Effect of admission

(4) A person who is admitted into custody at a correctional institution becomes an inmate of the institution. Custody before sentencing 30 A person who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in an y correctional institution, as directed by the Minister, or in the custody of a provincial bailiff or other correctional servic es employee. Sentence to correctional institution 31

(1) The court before which a person is convicted under

an Act of the Legisl ature of an offence punishable by imprisonment may sentence the person to imprisonment in a correctional institution.

18 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 Minister, or in the custody of a provincial bailiff or other correctional services employee. Warrant ineffective to specify correctional institution 32 A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional institution, as directed by the Minister, and any designation of a particular correctional institution in a warrant of commit tal is of no force or effect. Information to be provided 33

(1) Upon admission, the superintende nt shall provide every inmate with written information, in English and French, about, (

a) inmates’ rights and entitlements under this Act, the Human Rights Code and the Canadian Charter of Rights and Freedoms; (

b) the correctional institution’s rules, behavioural expectations and disciplinary measures for misconduct; (

c) available methods for accessing legal services; (

d) procedures for making requests and complaints; (

e) the functions of, and contact information for, the Minister, the Inspector Genera l, the Ontario Ombudsman, the Ontario Human Rights Commission, the Human Rights Tribunal of Ontario, the Human Rights Legal Support Centre, the Information and Privacy Commissioner and any other prescribed officer of the Legislature; (

f) how the superintendent will exercise care and control of the inmate’s surrendered property; (

g) a list of any property that the inmate may retain or acquire while in custody and a description of how it may be acquired or retained; (

h) the availability of, and the process for accessing, programs, services, temporary absence permits and parole; and (

i) any other matters reasonably necessary to enable the inmate to adapt to the operation of the correctional institution. Accessibility of information

(2) If the inmate is illiterate or has a disability, the information referred to in subsection (1) must be provided in an accessible format that takes their illiteracy or disability into account in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 and the regulations made under that Act. Translations

(3) If the inmate does not understand English or French, the superintendent shall take reasonable steps to provide the inmate with a translation of the information referred to in subsection (1) in a language the inmate understands. Continuous display and availability

(4) The information referred to in subsection (1) shall be continuously displayed in the common areas and in the units of the correctional institution and shall be made available in the institution’s library. Individual classification 34

(1) Upon admission to a correctional institution, the superintendent shall, in accordance with the regulations, (

a) assess the inmate using an evidence-based security classification tool; and (

b) assign a security classification of minimum, medium or maximum security to the inmate. Human Rights Code

(2) For greater certainty, the superintendent shall not discriminate against any inmate because of any ground of discrimination prohibited by the Human Rights Code when assigning a security classification to the inmate. Reclassification

(3) The superintendent shall, in accordance with the regulations, reassess the security classification of every inmate using an evidence-based security classification tool and may a ssign them to different security classification in the circumstances set out in the regulations. Written reasons

(4) The superintendent shall provide the inmate with written reasons for their security classification or reclassification and, a t the inmate’s request, shall provide the inmate with a reasonable number of copies of the reasons.

19 Temporary housing

(5) An inmate may be temporarily housed in a correctional institution or unit of a correctional institution at a different security level than that as signed to the inmate if the superintendent of the institution approves the placement and no other suitable housing is reasonably available. Same

(6) An inmate shall not be temporarily housed at a different security level than that assigned to the inmate f or more than five days, except in exigent circumstances. Same

(7) The superintendent of a correctional institution in which an inmate has been temporarily housed at a different security level than that assigned to the inmate shall review the matter in accordance with the regulations. Transition

(8) The superintendent may, at any time, (

a) assess an inmate who did not have a security classification on or before the day this subsection came into force using an evidence-based security classification tool and assign a security classification to the inmate; or (

b) change the security classification of any inmate after assessing them with an evidence -based security classification tool if their current security classification was assigned to them before the day this subsection came into force. Same, notice

(9) The superintendent shall provide written notice to the inmate of any change in security classification made under subsection (8). Criteria for selection of institution 35 In determining which correctional institution an inmate shall be detained in, the Minister shall take all reasonable steps to ensure that the institution is one which provides the least restrictive environment for that person, taking into account, (

a) the inmate’s security classification, (

b) the degree and kind of control and supervision necessary for, (

i) the safety of the public, (ii) the safety of the inmate and of other persons in the institution, and (iii) the security of the correctional institution; and (

c) accessibility to, (

i) the inmate’s home community and family, (ii) a compatible cultural and linguistic environment, and (iii) services and supports to assist the inmate with his or her needs. Inmate property 36

(1) An inmate who is admitted into the custody of a correc tional institution shall surrender to the superintendent all property, including any money or personal belongings, in the inmate’s physical possession at the time of admission. Care and control

(2) The superintendent shall have care and control of the su rrendered property and shall exercise that care and control in accordance with the regulations. Housing of inmates 37 The superintendent shall approve the housing of an inmate in either general population housing or, as specified in the regulations, in alternative housing. Initial assessment 38

(1) The superintendent shall ensure that an initial assessment is conducted on every newly admitted inmate within a prescribed period of time in order to identify, (

a) the inmate’s needs while in the correctional i nstitution, including health care needs and any accommodation required in accordance with the Human Rights Code; and (

b) the inmate’s immediate or urgent needs upon release, including, but not limited to, needs for the items set out in

section 39.

20 Further assessment

(2) The superintendent shall ensure that a further assessment is conducted within a prescribed time period for prescribed inmates to identify, (

a) appropriate programs for the inmate, including appropriate rehabilitation programs; and (

b) appropriate supports for the inmate’s reintegration into the community upon release. Case management plan

(3) The superintendent shall ensure that a case management plan is prepared for every inmate within a prescribed period of time, which shall, (

a) identify and address the needs referred to in subsection (1); and (

b) if a further assessment has been completed under subsection (2), (

i) establish a plan for appropriate programming and supports for the inmate, (ii) assess the inmate’s eligibility for parole or temporary absence permits, (iii) identify measures to assist with continuity of health care provision upon release, and (iv) identify any relevant community-based supports and services. Modified as necessary

(4) The superintendent shall modify an inmate’s case management plan as necessary. Assistance upon release 39

(1) The Minister shall provide each inmate with the following items when the inmate is released from the correctional institution, if the inmate has need of them: 1. Clothing suitable to the season and to the requirements of the inmate’s case management plan. 2. Reasonable travelling expenses to a destination in Ontario as specified in the inmate’s case management plan. 3. Appropriate medication prescribed by a health professional. 4. Other prescribed items. Discretionary gratuity

(2) The Minister may give a further gratuity or such other assistance to an inmate upon his or her release from an institution as the Minister considers will aid the reintegration of the inmate. Considerations

(3) If an inmate would be released from custody on a weekend or holiday, the superintendent shall consider, (

a) whether to grant a temporary absence to the inmate under

section 89 prior to the weekend or holiday for a rehabilitation or reintegration, medical or humanitarian reason; and (

b) whether to facilitate transportation, lodging or any other service necessary for the inmate’s adjustment to community life outside the correctional institution to benefit the inmate’s reintegration.

PART IV INMATE LIVING CONDITIONS AND STANDARDS Superintendent’s duty 40

(1) Subject to subsections (2) and (3), the superintendent shall ensure that inmates are provided with the minimum living conditions and standards set out in this Part and with any other prescrib ed living conditions. Exception, lockdown

(2) The superintendent is not required to provide the minimum living conditions and standards set out in sections 53, 54, 55 and 56 if a lockdown has been imposed on the correctional institution or on the part of the correctional institution in which the inmate is situated. Written reasons

(3) If the superintendent decides to limit the provision of a living condition or standard that may be subjected to such limits as are reasonable and necessary for protecting th e security of the correctional institution or the safety of persons, the superintendent shall, (

a) prepare written reasons for the decision; and

21 (

b) give the inmate a written copy of those reasons as soon as reasonably possible and, at the inmate’s reque st, provide the inmate with a reasonable number of copies. Privileges

(4) The superintendent may provide privileges to inmates at the superintendent’s discretion. Cruel or inhumane treatment or punishment prohibited 41 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an inmate. Peaceful assembly and association 42 Every inmate has a right to assemble peacefully and associate with others within the correctional institution, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of pers ons. Religious and spiritual programs 43

(1) Every inmate has a right to freely and openly participate in religious and spiritual programs and expressions, subject to such limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons. Not available

(2) If an inmate requests the services of a religious, faith or spiritual provider who is not available, the superintendent shall take reasonable steps to find such a provider and to facilitate the inmate’s communication with him or her. Contribution to decisions 44 Every inmate shall be provided with reasonable op portunities to contribute to decisions of their correctional institution affecting the inmate population as a whole, or affecting a group within the population, subject to such limits as are reasona ble and necessary for protecting the security of the correctional institution or the safety of persons.

Accommodation standards 45 Every inmate shall be housed in a space within the correctional institution that, (

a) provides the inmate with reasonable access to natural light and fresh air; (

b) has adequate bedding, subject to any limits as are necessary for protecting the security of the correctional institution or the safety of persons; (

c) is kept in a state of cleanliness and good repair; and (

d) complies with the prescribed requirements. Food 46

(1) Every inmate shall be provided with food and water on a daily basis that, (

a) complies with and respect the inmate’s spiritual, religious and dietary needs; and (

b) meets the nutritional and other requirements set out in the regulations. Not purchases from canteen (2) Subsection (1) shall not be satisfied by requiring an inmate to purchase items from the institutional canteen. Clothing 47 Every inmate shall be provided with clothing suitable to the conditions of the correctional institution and, where necessary, the outdoor climate, subject to any limits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons. Hygiene 48

(1) Every inmate shall be provided with access to a toilet and reasonable and necessary toiletries. Feminine hygiene products

(2) For greater certainty, subsection (1) includes an entitlement to access any reasonable and necessary feminine hygiene products. Same

(3) Every inmate shall be provided at least once every second day with, (

a) access to a shower; or (

b) water and equipment sufficient for bathing.

22 Health care 49

(1) Every inmate shall be provided with access to health care that responds to their health needs and promotes their well - being, including, (

a) the treatment of disease or injury; (

b) health promotion; (

c) disease prevention; (

d) dental care; (

e) vision care; (

f) hearing care; (

g) mental health and addictions care; (

h) medication prescribed by a health professional; and (

i) traditional Indigenous healing and medicines. Hospital or other health facility

(2) The superintendent shall arrange for an inmate to be conveyed to a hospital or other health facility if the inmate requires medical treatment that cannot be provided at the correctional institution. Health care service teams

(3) The superintendent shall establish the following health care service teams for the correctional institution: 1. A health care service team consisting of at least a physician, a nurse and any other prescribed members. 2. A mental health care service team consisting of at least a psychiatrist, a nurse and any other prescribed members. Psychiatric treatment

(4) The superintendent shall arrange for an inmate to be conveyed to a psychiatric facility, as defined in the Mental Health Act, if the inmate requires hospitalization in such a facility. Mental examination

(5) The superintendent may request that an examination be made of an inmate by the mental health care service team for the purpose of assessing the emotional or mental condition of the inmate. Prenatal and postnatal care 50

(1) Every inmate shall be provided with all necessary prenatal and postnatal care and treatment. Labour

(2) Every pregnant inmate shall be provided the opportunity to give birth in a medical or birthing facility outside of the correctional institution. Letters 51

(1) Subject to

section 104, every inmate shall be offered the opportunity to send one letter upon admission to the institution and at least two letters each week thereafter. Stationery and postage

(2) The superintendent shall provide the inmate with sufficient stationery and postage to send the letters. Alternative communication

(3) The superintendent may provide an alternative method of sending letters, such as electronic mail, to the inmates of the institution. If the superintendent does so, subsection (2) does not apply so long as the superintendent provides inmates with the equipment necessary to send the letters. Borrowing of books 52 Every inmate has the right to borrow books in accordance with the regulations. Recreation 53

(1) Every inmate shall be offered the opportunity to participate in a minimum of one hour of recreation time each day. Indoors or outdoors

(2) The inmate shall be allowed to choose whether to spend the recreation time indoors or outdoors.

23 Exception (3) Subsections (1) and (2) apply only to inmates in prescribed correctional institutions. Work 54 Every inmate may perform work in the correctional institution, subject to such limits as are reasonable and necessa ry for protecting the security of the correctional institution or safety of persons. Visits 55

(1) Every inmate has the right to receive at least two in -person visits each week that last for at least the prescribed minimum length of time, subject to any restrictions on particular visitors imposed under

section 82. Physical contact

(2) In prescribed correctional institutions, the in -person visits described in subsection (1) shall allow for physical contact between the inmate and visitor, subject to such li mits as are reasonable and necessary for protecting the security of the correctional institution or the safety of persons. Use of technology

(3) For greater certainty, the Minister may provide technology in correctional institutions that can be used by in mates to communicate with other people, but such communications do not constitute an in -person visit for the purposes of subsection (1). Certain visitors

(4) In addition to the visits under subsection (1), every inmate shall be provided the opportunity to receive an unlimited number of visits during reasonable hours from a probation officer, a parole officer, a volunteer providing programs or services, a diplomatic or consular official, a lawyer, a recognized religious or spiritual leader, including a Firs t Nations, Inuit or Métis Elder or Spiritual Advisor, or another prescribed person. Telephone system 56

(1) Every correctional institution shall have a telephone system that is accessible to inmates. Entitlement

(2) Every inmate shall have reasonable access to the telephone system unless restricted by a disciplinary measure imposed under this Act. Notice of potential listening or recording

(3) The telephone system shall provide notice to the inmate and the other party or parties to the conversation, by way of a voice-over message or other means, that the conversation may be listened to or recorded in accordance with the regulations.

PART V SEGREGATION AND RESTRICTIVE CONFINEMENT CONDITIONS Conditions of segregation and restrictive confinement 57

(1) Inmates held in conditions that constitute segregation or restrictive confinement retain all rights and privileges of inmates in general popula tion housing except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or the imposition of disciplinary measures under this Act. Programs and services

(2) Inmates held in conditions that constitute segregation or restrictive confinement shall be given access to all programs and services individually or as a group, adapted to the circumstances to the least restrictive extent reasonable and necessary fo r the security of the correctional institution and the safety of persons. Segregation prohibitions

(3) An inmate shall not be held in conditions that constitute segregation if the inmate, (

a) is pregnant or has recently given birth; (

b) is chronically self-harming or suicidal; (

c) has a significant mental illness or significant developmental disability, as those terms are defined in the regulations; (

d) needs medical observation; or (

e) has a significant mobility impairment, as that term is defined in the regulations.

24 Exception

(4) The regulations may provide that subsection (3) or any clause in that subsection does not apply in prescribed correctional institutions. 15-day consecutive maximum 58

(1) Inmates shall not be held in conditions that constitute segregation for more than 15 consecutive days. Superintendent’s duty

(2) If an inmate of a correctional institution has been held in conditions that constitute segregation for 15 consecutive days, the superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. Five-day interval

(3) If an inmate who is no longer being held in conditions that constitute segregation was recently held in those conditions for 15 consecutive days, the superintendent shall not hold the inmate in those conditions again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. Transfers do not constitute break in segregation

(4) For the purposes of this section, a transfer of an inmate who was he ld in conditions that constitute segregation in one correctional institution to a different correctional institution does not constitute a break in his or her consecutive days o f being held in conditions that constitute segregation. No application in prescribed correctional institutions (5) Subsections (1) to (4) do not apply in prescribed correctional institutions. 60-day aggregate maximum 59

(1) The superintendent shall ensure that no inmate is held in conditions that constitute segregation for more than 60 aggregate days in the most recent 365-day period, subject to subsection (2). Exception

(2) An inmate may be held in conditions that constitute segregation for more than 60 aggregate days in a 365 -day period if, (

a) the superintendent has determined that no other less restrictive housing or disciplinary measures are appropriate for the inmate; and (

b) an Independent Review Panel has authorized the superintendent to exceed that 60-day limit under

section 67. Transfers do not constitute break in segregation

(3) For the purposes of this section, a transfer of an inmate who was held in conditions that constitute segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number o f days he or she has been held in conditions that constitute segregation. No application in prescribed correctional institutions (4) Subsections (1) to (3) do not apply in prescribed correctional institutions. NON-DISCIPLINARY SEGREGATION Non-disciplinary segregation 60

(1) Subject to sections 57, 58 and 59, the superintendent may hold an inmate in conditions that constitute segregation for non-disciplinary reasons if the superintendent believes on reasonable grounds that, (

a) the inmate has committed, attempted to commit or plans to commit acts representing a serious and immediate threat to the physical security of the correctional institution or the personal safety of any person in the institution; (

b) association of the inmate with other persons in th e institution would substantially interfere with the disciplinary process for serious misconduct or a criminal investigation; or (

c) association of the inmate with other persons in the institution would jeopardize the inmate’s own safety. Limits on non-disciplinary segregation

(2) A superintendent may hold an inmate in conditions that constitute segregation for non -disciplinary reasons only in exceptional cases and as a last resort if all other options to manage the inmate without segregation have been ex hausted, and the inmate shall be held in those conditions for as short a time as possible. Same

(3) The superintendent shall maintain a record of the options that were exhausted before the decision was made to hold an inmate in conditions that constitute segregation for non-disciplinary reasons.

25 Notice

(4) Within 24 hours after deciding to hold an inmate in conditions that constitute segregation for non -disciplinary reasons, the superintendent shall, (

a) prepare written reasons for holding the inmate in those conditions; and (

b) give the inmate a written copy of those reasons as soon as reasonably possible and, at the inmate’s request, provide the inmate with a reasonable number of copies. Record

(5) If an inmate requests that he or she be held in condi tions that constitute segregation for non -disciplinary reasons, the superintendent shall maintain a record of the request. Review 61

(1) The superintendent shall conduct a preliminary review of an inmate’s case within 24 hours after the inmate has been held in conditions that constitute segregation for non-disciplinary reasons. Review determines segregation not warranted

(2) If the superintendent determines that continuing to hold the inmate in conditions that constitute segregation is not warranted, the superintendent shall alter the inmate’s conditions of confinement so that they do not constitute segregation. Visit required

(3) In conducting the preliminary review, the superintendent shall visit the inmate and speak with him or her. Communication through a meal hatch insufficient

(4) Communication through a meal hatch does not constitute a visit for the purposes of subsection (3), unless there is a safety or security concern that cannot be addressed in any other manner. Record if not face to face

(5) If a safety or security concern prevents the superintendent from having a face to face visit under subsection (3), the superintendent shall maintain a written record of the reason why the visit could not be conducted face to face. Written report

(6) The superintendent shall prepare a written report summarizing the results of the preliminary review and provide a written copy of it to the inmate and, at the inmate’s request, shall provide the inmate with a reasonable number of copies. Long segregation

(7) Where the superintendent has conducted a preliminary review and is of the opinion that it is reasonable and necessary to hold an inmate in conditions that constitute segregation for non -disciplinary reasons for over 72 consecutive hours, he or she shall immediately notify the Independent Regional Chair in accordance with the regulations.

Opportunities for movement or association with others 62 The superintendent shall, at regular intervals, offer opportunities for movement and association with others to an i nmate who is being held in conditions that constitute segregation for non -disciplinary reasons and shall maintain records of the offers and the inmate’s response to them. HEALTH CARE AND REVIEW OF CONDITIONS Health care in segregation 63

(1) The superintendent and a member of the health care service team shall visit an inmate who is being held in conditions that constitute segregation on a daily basis. Mental health care service team

(2) If a member of the health care service team determines that a referral to the mental health care service team is appropriate, (

a) the member shall refer the inmate to the mental health care service team; and (

b) the superintendent shall ensure that members of the mental health care service team have access to the i nmate as required. Minimum visits

(3) Even if a referral has not been made under subsection (2), the superintendent shall ensure that any inmate held in conditions that constitute segregation is seen by a member of the mental health care service team to r eview the inmate’s mental health at least once every five days.

26 Communication through a meal hatch insufficient

(4) Communication through a meal hatch does not constitute a visit for the purposes of this section, unless there is a safety or security concern that cannot be addressed in any other manner. Record if not face to face

(5) If a safety or security concern prevents the member of the mental health care service team from having a face to face visit under this section, the team member shall maintain a written record of the reason why the visit could not be conducted face to face. Health care to be provided

(6) A member of the health care service team or of the mental health care service team who visits an inmate held in conditions that constitute segregation, (

a) shall be enabled to provide any medically necessary treatment the inmate requires; (

b) shall report to the superintendent without delay if, in their opinion, there is evidence of a heightened risk of adverse effects on the inmate’s menta l or physical health as a result of the continuance of conditions that constitute segregation; and (

c) may recommend to the superintendent that the conditions of confinement be altered in order to minimize any adverse effects on the inmate’s physical or mental health. Recommendation not followed

(7) A superintendent who does not follow a recommendation made under subsection (6) shall explain his or her reasons in writing to the person who made the recommendation and to the inmate. Informed that inmate subject to exceptions

(8) If the superintendent is informed that an inmate who is held in conditions that constitute segregation is subject to one of the exceptions set out in subsection 57 (3), the superintendent shall alter the inmate’s conditions of confi nement so that they do not constitute segregation. No application in prescribed correctional institutions (9) Subsection (8) does not apply in prescribed correctional institutions. Multi-disciplinary review committee 64 The Minister shall, in accordance w ith the regulations, establish a multi -disciplinary review committee in each correctional institution to, (

a) review, in accordance with regulations, (

i) the cases of inmates held in conditions of confinement that constitute segregation, and (ii) the ca ses of inmates held in conditions that constitute restrictive confinement and who meet the prescribed conditions; and (

b) make recommendations concerning those inmates to the superintendent, including recommendations in relation to an inmate’s conditions of confinement. INDEPENDENT REVIEW PANEL Non-disciplinary segregation reports and referral 65

(1) The superintendent shall create a report stating the reasons for holding the inmate in conditions that constitute segregation for non-disciplinary reasons at each of the following times: 1. When the inmate has been held in those conditions for 72 consecutive hours. 2. When the inmate has been held in those conditions for five consecutive days. 3. When the inmate has been held in those conditions for 10 consecutive days. Written report

(2) The superintendent shall provide a written copy of every report made under subsection (1) to the inmate and, at the inmate’s request, shall provide the inmate with a reasonable number of copies. Referral at five days

(3) If the inmate is held in conditions of confinement that constitute segregation for non -disciplinary reasons for five consecutive days or if the superintendent plans to hold the inmate in those conditions for five or more consecutive days, the superintendent shall immediately refer the matter to the Independent Regional Chair to have a review hearing before an Independent Review Panel.

27 Referral at 10 days

(4) If the inmate is held in conditions of confinement that constitute segregation for non -disciplinary reasons for 10 consecutive days, the superintendent shall immediately refer the matter to the Independent Regional Chair to have a review hearing before an Independent Review Panel. Reports required

(5) Any referral made under subsection (3) or (4) must include, (

a) a copy of the report prepared under subsection 61 (6), (

b) a copy of the notification prepared under subsection 61 (7), and (

c) a copy of all of the reports prepared under subsection (1). Referral at 30 and 55 aggregate days 66

(1) The superintendent shall refer the case of an inmate to the Independent Regional Chair to have a review hearing before an Independent Review Panel as soon as the inmate has been held in conditions of confinement that constitute segregation for, (a) 30 aggregate days in the most recent 365-day period; and (b) 55 aggregate days in the most recent 365-day period. Notice to Minister

(2) The superintendent shall notify the Minister as soon as a referral is made under clause (1) (b). Review hearings 67

(1) If a case is referred to an Independent Regional Chair under

section 65 or 66, the Chair shall, in accordance with the regulations, convene an Independent Review Panel composed of members listed on the review roster to hold a revie w hearing of the matter as soon as possible. Matter to be reviewed

(2) The Panel shall determine whether it is reasonable to continue holding the inmate in conditions that constitute segregation. No concurrent review hearings

(3) If the Independent Revie w Panel is already in the process of conducting a review hearing respecting an inmate’s segregation at the time it receives another referral to hold a review hearing for the inmate, it shall combine the hearings i nto a single hearing. Parties

(4) The parties to the review hearing are the superintendent and the inmate. Notification of review hearing

(5) The Panel shall notify the inmate who is the subject of the review hearing, in writing, of, (

a) the date, time and location of the review hearing; (

b) the inmate’s right to appear at the review hearing with or without a lawyer or other person to provide assistance; (

c) the inmate’s right to testify, present relevant documents, call witnesses and cross -examine witnesses; and (

d) any other prescribed information. Rules

(6) The Panel may make rules governing the practice and procedure before it at the review hearing. Submissions

(7) In making submissions to the Panel, the superintendent and the inmate, or their representative, may testify, present relevant documents, call witnesses and cross-examine witnesses. Superintendent’s representative

(8) The superintendent may present his or her case at the review hearing or may appoint a representative to present his or her case. Superintendent’s submissions

(9) The superintendent, or his or her representative, must,

28 (

a) advise the Panel of the steps the superintendent has taken, tried to take, or will take to improve the inmate’s conditions of confinement so that it is no longer necessary to hold the inmate in conditions that constitute segregation; and (

b) provide the Panel with evidence from members of the health care service team or mental health care service team who have recently assessed or treated the inmate, where available, including any reports or reco mmendations made by them. Decision timing

(10) The Panel shall provide notice of its decision to the inmate and to the superintendent within 24 hours after conducting the review hearing and may order, subject to such conditions and limitations as the Panel may determine, (

a) that the inmate’s conditions of confinement be altered so as not to constitute segregation; (

b) that the inmate continue to be held in conditions of confinement constituting segregation but that some of those conditions be altered; or (

c) that the inmate’s conditions of confinement constituting segregation be maintained. Written reasons

(11) The Panel shall, (

a) provide the inmate with written reasons for the decision and, at the inmate’s request, shall provide the inmate with a reasonable number of copies; and (

b) send a written copy of the decision to a third party at the inmate’s request. Decision to continue segregation

(12) If the Panel orders that an inmate shall continue to be held in conditions that constitute segregat ion, the Panel shall, in its decision, (

a) include details regarding other options for the inmate that were considered and rejected and provide written reasons as to why segregation is the only reasonable and necessary option; and (

b) document all eviden ce relied upon and any conflicting evidence or opinions that were brought forward during the review hearing. May authorize extended segregation

(13) In the case of a referral under

section 66, the Panel may also authorize the superintendent to hold the in mate in conditions that constitute segregation for more than 60 aggregate days in a 365 -day period. If authorization given

(14) If authorization is given under subsection (13), the Panel shall require the superintendent to bring the matter back to the Panel for another review hearing to confirm or withdraw the authorization at a time specified by the Panel. Copy to Minister

(15) A Panel that authorizes the superintendent to hold an inmate in conditions that constitute segregation for more than 60 aggregate days in a 365 -day period, or that confirms such an authorization, shall provide a copy of its decision to the Minister. Minister’s referral

(16) The Minister may refer a decision made under subsection (13) to a different Independent Regional Chair to approve the decision or to substitute the Chair’s own decision for that of the Panel’s. Superintendent’s compliance

(17) The superintendent shall comply with a decision made under this

section as soon as possi ble after receiving notice of it, but is not required to comply with any portion of a decision if, (

a) the superintendent would be required to use force on an inmate who does not intend to comply; or (

b) it would require the superintendent to contravene

section 57, 58 or 59. Does not prevent application for habeas corpus

(18) For greater certainty, a proceeding under this

section does not prevent an inmate from making an application to the courts for relief in the nature of habeas corpus.

PART VI DISCIPLINE RESTRICTIONS Discipline in accordance with Act 68 No inmate shall be subjected to discipline or punishment except in accordance with this Act or the regulations. Restrictions on discipline 69

(1) The superintendent shall ensure that the following rest rictions with respect to discipline are complied with in the correctional institution: 1. No person shall apply an instrument of restraint to an inmate as punishment. 2. For greater certainty, no person shall impose restrictions on food or water provided to an inmate in accordance with subsection 46 (1) as punishment. 3. No person shall impose conditions that constitute segregation on an inmate except in accordance with this Act. Informal resolution preferred

(2) Correctional services employees shall take reasonable steps, to the extent possible, to informally address inmate misconduct before imposing discipline in accordance with this Part. MISCONDUCT Misconduct 70

(1) An inmate commits misconduct if the inmate, without lawful excuse, (

a) wilfully disobeys a lawful order of a correctional services employee; (

b) commits or threatens to commit an assault upon another person; (

c) makes a gross insult or threat, by gesture, use of abusive language, or other act, directed at any person; (

d) takes or co nverts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property; (

e) damages any property that is not owned by the inmate; (

f) has contraband in his or her possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the correctional institution; (

g) creates or incites a disturbance likely to endanger the security of the correctional institution; (

h) escapes, attempts to escape or is unlawfully at large from the correctional institution; (

i) leaves a place within the correctional institution without proper authority; (

j) gives or offers a bribe or reward to a correctional services employee; (

k) counsels, aids or abets another inmate to do

an act in contravention of this Act or the regulations; (

l) obstructs an investigation or inspection authorized under this Act; (

m) wilfully breaches or attempts to breach any other regulation or a written rule, of which the inmate has received no tice, governing the conduct of inmates; or (

n) wilfully breaches or attempts to breach any term or condition of a temporary absence. Deemed notice of rules

(2) An inmate shall be deemed to have received notice of a regulation or rule governing the conduc t of inmates when the regulation or rule is provided to the inmate in writing and posted in a conspicuous place in the correctional institution. Referral of misconduct 71

(1) Correctional services employees shall refer any alleged act of inmate misconduct to the superintendent unless the employee has addressed the misconduct informally. Review

(2) The superintendent shall review the alleged misconduct and, (

a) if the superintendent determines that the alleged misconduct does not appear to be serious misc onduct, deal with the matter in accordance with

section 72; or

30 (

b) if the superintendent determines that the alleged misconduct appears to be serious misconduct, refer the matter to the Independent Regional Chair to have a hearing before a Disciplinary Hearings Officer. Action gives rise to single discipline charge

(3) The superintendent shall not allege that more than one type of misconduct has been committed in respect of a single action, a simultaneous set of actions or a chain of uninterrupted actions committed by the inmate unless the types of misconduct are substantially different. Notice

(4) After making a referral under subsection (2), the superintendent shall provide the inmate with notice of it. Superintendent review of misconduct 72

(1) The superintendent shall review any acts of alleged misconduct referred to in clause 71 (2) (

a) as soon as possible and determine whether or not the inmate committed the misconduct. Interview request

(2) Before making a decision under subsection (1), the superi ntendent shall ensure that the inmate is notified of the allegation and is given an opportunity to request an interview, within one day after the inmate receives notice of the allegation, to discuss the matter with the superintendent. No interview

(3) If the inmate does not notify the superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wishes an interview with the superintendent, the superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. Inmate absent

(4) If the inmate who is alleged to have committed misconduct is absent from the correctional institution, a reasonable attempt to notify the inmate shall constitute sufficient notice for the purpose of this section. Time of interview

(5) If an interview is requested under subsection (2), it shall be held not later than 10 days after the day on which the alleged misconduct became known to the superintendent. Same

(6) At the interview with the superintendent, the inmate is entitled to present arguments and explanations to dispute the allegation and to question the person or persons making the allegation as well as any other witnesses to the inc ident. Assistance

(7) The superintendent may permit any person, including an interpreter, to attend the interview and assist in any manner that the superintendent considers appropriate. Determination of serious misconduct

(8) If, during the interview, the superintendent determines that the alleged misconduct is serious misconduct and that a disciplinary measure set out in subsection 74 (2) is warranted, the superintendent shall cancel the interview and refer the matter to the Independent Regional Chair to have a hearing before a Disciplinary Hearings Officer. Postponement

(9) The superintendent may postpone the interview for a single period of no more than three consecutive days without the inmate’s consent, and may postpone it multiple times or for a longer period with the inmate’s consent. Illness or disability

(10) Before imposing any disciplinary sanction, the superintendent shall consider whether and how an inmate’s mental illness or developmental disability may have contributed to his or her condu ct, and shall not sanction any conduct of an inmate that is considered to solely be the direct result of his or her mental illness or developmental disability. Decision

(11) The superintendent shall inform the inmate within two days after the day of the i nterview concerning the superintendent’s decision, the reasons for the decision and the disciplinary measure imposed, if any. Disciplinary measures

(12) If the superintendent determines that the inmate has committed misconduct, the superintendent may impo se one or more of the following disciplinary measures: 1. Loss of prescribed canteen privileges for a period not greater than 60 days.

31 2. Reduced access to the telephone system, other than for calls to or from a person listed in subsection 104 (6), to a minimum of four calls per week. 3. Loss of access to the correctional institution’s library and to the materials in the library, other than access to legal reading materials, religious and spiritual reading materials and human rights reading materials. 4. A change of program or work activity. 5. A reprimand. 6. Revocation of a temporary absence permit other than a permit for medical reasons. 7. Any other prescribed disciplinary measure. Record of case

(13) The superintendent shall make a written recor d of the case noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, and the decision, reasons and disciplinary measure imposed by the superintendent in the case and shall, at the inmate’s request, provide the inmate with a reasonable number of copies of the record. Appeal of decision

(14) An inmate may appeal the superintendent’s decision to impose a disciplinary measure to the Minister in accordance with the regulations. Serious misconduct 73

(1) An Independent Regional Chair who receives an allegation of serious misconduct under clause 71 (2) (

b) or subsection 72 (8) shall direct a member of the review roster to serve as a Disciplinary Hearings Officer and hear the case as soon as possible. Allegation of misconduct

(2) The Disciplinary Hearings Officer shall provide written notice of the allegation to the inmate who is alleged to have committed the serious misconduct and to the superintendent containing the date, time and location of the hearing. Inmate absent

(3) If the inmate who is alleged to have committed misconduct is absent from the correctional institution, the written notice required by subsection (2) is deemed to have been provided if the Disciplinary Hearings Officer has made a reasonable attempt to provide the notice to the inmate. Action gives rise to single discipline charge

(4) The superintendent shall not allege that more than one type of misconduct has been committed in respect of a single action, a simultaneous set of actions or a c hain of uninterrupted actions committed by the inmate unless the types of misconduct are substantially different. Entitlements

(5) In the hearing, the superintendent and the inmate have a right to be assisted by a lawyer or other person, to present arguments and explanations, to present or dispute the allegation and to question the person or persons making the allegation as well as any other witnesses to the incident. Assistance

(6) The Disciplinary Hearings Officer may permit any person, including an int erpreter, to attend the hearing and assist in any manner that the Officer considers appropriate. Adjournment

(7) The Disciplinary Hearings Officer may adjourn the hearing for a single period of no more than three consecutive days without the inmate’s consent, and may adjourn it multiple times or for a longer period with the inmate’s consent. Illness or disability

(8) Before imposing any disciplinary sanction, the Disciplinary Hearings Officer shall consider whether and how an inmate’s mental illness or de velopmental disability may have contributed to his or her conduct, and shall not sanction any conduct of an inmate that is considered to solely be the direct result of his or her mental illness or developmental disability. Decision

(9) Within two days after the day the hearing is completed, the Disciplinary Hearings Officer shall inform the inmate and the superintendent of the Hearings Officer’s decision, the reasons for the decision and the disciplinary measure imposed, if any.

32 Written reasons to follow

(10) The Disciplinary Hearings Officer shall prepare written reasons for the decision and provide them to the inmate as soon as possible and, at the inmate’s request, shall provide the inmate with a reasonable number of copies. Written reasons

(11) The Disciplinary Hearings Officer shall provide the inmate with written reasons noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, and the decision, reasons and any disciplinary measure imposed and shall, at the inmate’s request, provide the inmate with a reasonable number of copies. Disciplinary measures 74

(1) If a Disciplinary Hearings Officer determines that an inmate has committed misconduct, whether it is serious misconduct or non-serious misconduct, the Hearings Officer may impose one or more of the disciplinary measures set out in subsection 72 (12). Serious misconduct

(2) If the Disciplinary Hearings Officer determines that an inmate has committed serious misconduct, the Disciplinary Hearings Officer m ay impose, in addition to any of the disciplinary measures referred to in subsection (1), one of the following disciplinary measures: 1. Subject to the regulations and to sections 57, 58 and 59, holding an inmate in conditions that constitute segregation for a period of not more than 15 consecutive days. 2. Forfeiture of a portion or all of the remission that stands to the inmate’s credit. 3. Any other prescribed disciplinary measure. Same

(3) If the inmate was recently held in conditions that constitute segregation for 15 consecutive days, the Disciplinary Hearings Officer shall not order that the inmate be held in conditions that constitute segregation again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. Superintendent may reduce

(4) The superintendent shall comply with the Disciplinary Hearings Officer’s decision but may choose to reduce the time or severity of the disciplinary measure imposed. Review 75

(1) An inmate or su perintendent may seek to have a decision of the Disciplinary Hearings Officer reviewed by another Disciplinary Hearings Officer if, (

a) the inmate or superintendent alleges that the decision does not comply with the requirements of this Act or the regulations or is not reasonable; or (

b) the inmate has been disciplined by having a portion or the whole of his or her remission forfeited or by receiving a suspension from eligibility to earn remission. Completion of review

(2) Upon completion of the review, the Disciplinary Hearings Officer may confirm or vary the decision, or vacate it and direct another Disciplinary Hearings Officer to reconsider the case. Notification

(3) The Disciplinary Hearings Officer shall immediately notify the inmate and the superi ntendent of the decision and the reasons for it. Alleged offence does not prevent discipline 76 The fact that an inmate is alleged to have committed

an act or omission that is an offence under

an Act of Canada or Ontario does not prevent a disciplinary mea sure from being imposed on him or her in respect of the act or omission in accordance with this Act or the regulations.

PART VII OPERATION OF CORRECTIONAL INSTITUTIONS PROGRAMS AND SERVICES

Definitions 77 In this Part,

33 “general program” means any program, including educational, learning and recreational programs, other than rehabilitation and work programs; (“programme général”) “rehabilitation program” means an evidence -based program designed to address underlying criminogenic factors; (“programme de réadaptation”) “work program” means a program that addresses employment -related skills or transferable life skills. (“programme de travail”) Programs to be established 78

(1) The Minister shall establish general programs, rehabilitation programs and work progr ams and provide inmates with the opportunity to participate in them. Diversity and needs

(2) The Minister shall take into account the diversity and needs of the inmate population, with particular attention to the needs of over-represented groups in correctional institutions, when establishing the programs. Participation in rehabilitation programs

(3) If an inmate’s case management plan recommends participation in a rehabilitation program, the superintendent shall ensure that the inmate is provided an opportunity to participate in such a program. Programs, activities or work outside the institution 79

(1) The superintendent of a correctional institution may provide inmates in the institution with opportunities to participate in programs, activities or work outside the institution. Temporary absence permit

(2) The superintendent may issue a temporary absence permit in accordance with

section 89 to permit the inmate to participate in programs or work outside the correctional institution. Library 80

(1) The superintendent of a correctional institution shall establish and maintain a library or equivalent system, which may include an electronic library or database, that is accessible to all inmates. Contents

(2) The library shall contain, (

a) legal reading materials; (

b) religious and spiritual reading materials; (

c) human rights reading materials; and (

d) a reasonable selection of other reading materials that are commonly available to the public. Access

(3) The superintendent shall ensure that every inm ate is provided access to the materials described in subsection (2), subject to any disciplinary measures imposed under this Act. Purchase of items 81

(1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money h eld for him or her by the superintendent. Limit

(2) No inmate shall purchase more than the prescribed amount worth of items from the institutional canteen in one week without the superintendent’s permission. VISITORS Access to correctional institutions 82

(1) No person, including a visitor, shall be present on the premises of an institution without the approval of the superintendent. Visitation by children

(2) No child under the age of 16 years shall be permitted access to a correctional institution for the purposes of a visit unless, (

a) the child is accompanied by an adult; or (

b) permission is granted by the superintendent for the child to access the correctional institution unaccompanied.

34 Conditions and limitations

(3) A superintendent may impose s uch conditions and limitations on a person while they are present on the premises of the institution as the superintendent considers reasonable and necessary to ensure the security of the correctional institution a nd the safety of persons. Notice for non-permitted item

(4) The superintendent shall post a notice in a conspicuous place at every visitor control point in the correctional institution listing the items that a visitor shall not have in their possession. Termination or restriction of visit

(5) Where a visitor contravenes subsection (3) or has in their possession, beyond the visitor control point, an item listed on the notice mentioned in subsection (4) without having previously obtained the permission of a correctional services employee, the employee may terminate or restrict the visit. Family support and contact programs 83 The Minister may establish programs to enhance family support for inmates and contact with family for inmates.

Member of Legislative Assembly, etc. 84 Notwithstanding any other part of this Act, every member of the Legislative Assembly of Ontario and every judge of a court in Ontario is entitled at any time to enter and visit any correctional institution or community resource centre or any part thereof for any purpose rel ated to the person’s professional duties and responsibilities, and to speak with any inmate with their consent, unless the Minister determines that the correctional institution or community resource centre is at that time insecure or that an emergency condition, including a lockdown, exists in it.

RESTRICTIONS ON THE USE OF FORCE AND RESTRAINTS Use of force 85

(1) No person shall use force against an inmate unless no other alternative is reasonably available in order to, (

a) avoid an immediate threat to discipline and order within the institution; (

b) defend a person from immediate assault; (

c) control a rebellious or disturbed inmate; or (

d) conduct a search. Amount of force

(2) A correctional services employee who uses force against an inmate shall u se an amount of force that is reasonable and not excessive having regard to the nature of the threat posed and all other circumstances of the case. Report

(3) If a correctional services employee uses force against an inmate in the prescribed circumstances , the employee shall, (

a) immediately file a written report with the superintendent that, (

i) indicates the nature of the threat posed by the inmate, (ii) provides relevant details, and (iii) includes any other prescribed information; and (

b) comply with such other requirements as may be prescribed. Report

(4) If a superintendent uses force against an inmate in the circumstances prescribed under subsection (3), the superintendent shall instead file the written report required by clause (3) (

a) with the superintendent’s regional director. Use of instruments of restraint 86

(1) No instruments of restraint shall be used on an inmate except in accordance with this Act and the regulations. Labour, childbirth, etc.

(2) No instruments of restrain

Document details

Collection	Ontario — Bills
Citation	Bill 195, 41-2
Type	bill
Volume / chapter	p41 s2 bill 195 bill text 41 2 en b195 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	a81dc3ac1150a1d3e2edb65f64b136d55bb247da

Source file is stored in the law ingest library (json).