Marginal note:Short title

1. This Act may be cited as the Corrections and Conditional Release Act.

Marginal note:Definitions

• 2. (1) In this Part,

  “Commissioner”

  « commissaire »

  “Commissioner” means the Commissioner of Corrections appointed pursuant to subsection 6(1);

  “contraband”

  « objets interdits »

  “contraband” means

  • (a) an intoxicant,

  • (b) a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization,

  • (c) an explosive or a bomb or a component thereof,

  • (d) currency over any applicable prescribed limit, when possessed without prior authorization, and

  • (e) any item not described in paragraphs (a) to (d) that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization;

  “day parole”

  « semi-liberté »

  “day parole” has the same meaning as in Part II;

  “inmate”

  « détenu »

  “inmate” means

  • (a) a person who is in a penitentiary pursuant to

    • (i) a sentence, committal or transfer to penitentiary, or

    • (ii) a condition imposed by the Parole Board of Canada in connection with day parole or statutory release, or

  • (b) a person who, having been sentenced, committed or transferred to penitentiary,

    • (i) is temporarily outside penitentiary by reason of a temporary absence or work release authorized under this Act, or

    • (ii) is temporarily outside penitentiary for reasons other than a temporary absence, work release, parole or statutory release, but is under the direction or supervision of a staff member or of a person authorized by the Service;

  “institutional head”

  Version anglaise seulement

  “institutional head”, in relation to a penitentiary, means the person who is normally in charge of the penitentiary;

  “intoxicant”

  « substance intoxicante »

  “intoxicant” means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or meet the ordinary demands of life, but does not include caffeine, nicotine or any authorized medication used in accordance with directions given by a staff member or a registered health care professional;

  “long-term supervision”

  « surveillance de longue durée »

  “long-term supervision” means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i) of the Criminal Code;

  “Minister”

  « ministre »

  “Minister” means the Minister of Public Safety and Emergency Preparedness;

  “offender”

  « délinquant »

  “offender” means

  • (a) an inmate, or

  • (b) a person who, having been sentenced, committed or transferred to penitentiary, is outside penitentiary

    • (i) by reason of parole or statutory release,

    • (ii) pursuant to an agreement referred to in subsection 81(1), or

    • (iii) pursuant to a court order;

  “parole”

  « libération conditionnelle »

  “parole” has the same meaning as in Part II;

  “penitentiary”

  « pénitencier »

  “penitentiary” means

  • (a) a facility of any description, including all lands connected therewith, that is operated, permanently or temporarily, by the Service for the care and custody of inmates, and

  • (b) any place declared to be a penitentiary pursuant to section 7;

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by regulation;

  “provincial parole board”

  « commission provinciale »

  “provincial parole board” has the same meaning as in Part II;

  “sentence”

  « peine » ou « peine d’emprisonnement »

  “sentence” means a sentence of imprisonment and includes

  • (a) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and

  • (b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;

  “Service”

  « Service »

  “Service” means the Correctional Service of Canada described in section 5;

  “staff member”

  « agent »

  “staff member” means an employee of the Service;

  “statutory release”

  « libération d’office »

  “statutory release” has the same meaning as in Part II;

  “unescorted temporary absence”

  « permission de sortir sans escorte »

  “unescorted temporary absence” has the same meaning as in Part II;

  “victim”

  « victime »

  “victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

  • (a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

  • (b) a relative or dependant of the person,

  • (c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or

  • (d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person;

  “visitor”

  « visiteur »

  “visitor” means any person other than an inmate or a staff member.

  “working day”

  « jour ouvrable »

  “working day” means a day on which offices of the federal public administration are generally open in the province in question.

• Marginal note:Exercise of powers, etc.

  (2) Except as otherwise provided by this Part or by regulations made under paragraph 96(b),

  • (a) powers, duties and functions that this Part assigns to the Commissioner may only be exercised or performed by the Commissioner or, where the Commissioner is absent or incapacitated or where the office is vacant, by the person acting in the place of the Commissioner; and

  • (b) powers, duties and functions that this Part assigns to the institutional head may only be exercised or performed by the institutional head or, where the institutional head is absent or incapacitated or where the office is vacant, by the person who, at the relevant time, is in charge of the penitentiary.