Corrections and Conditional Release Act

Marginal note:Definitions

• 2 (1) In this Part,

  Commissioner

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

  contraband

  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; (objets interdits)

  day parole

  day parole has the same meaning as in Part II; (semi-liberté)

  Indigenous

  Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone)

  inmate

  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; (détenu)

  institutional head

  institutional head, in relation to a penitentiary, means the person who is normally in charge of the penitentiary; (Version anglaise seulement)

  intoxicant

  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; (substance intoxicante)

  long-term supervision

  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; (surveillance de longue durée)

  mental health assessment

  mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)

  Minister

  Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

  offender

  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; (délinquant)

  parole

  parole has the same meaning as in Part II; (libération conditionnelle)

  penitentiary

  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; (pénitencier)

  prescribed

  prescribed means prescribed by regulation; (Version anglaise seulement)

  provincial parole board

  provincial parole board has the same meaning as in Part II; (commission provinciale)

  sentence

  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; (peine ou peine d’emprisonnement)

  Service

  Service means the Correctional Service of Canada described in section 5; (Service)

  staff member

  staff member means an employee of the Service; (agent)

  statutory release

  statutory release has the same meaning as in Part II; (libération d’office)

  unescorted temporary absence

  unescorted temporary absence has the same meaning as in Part II; (permission de sortir sans escorte)

  victim

  victim, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence; (victime)

  visitor

  visitor means any person other than an inmate or a staff member; (visiteur)

  working day

  working day means a day on which offices of the federal public administration are generally open in the province in question. (jour ouvrable)

• 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.

• Marginal note:Acting on victim’s behalf

  (3) For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

  • (a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;

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

  • (c) a relative or a dependant of the victim;

  • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

  • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

• Marginal note:Exception

  (4) For the purposes of this Act, an individual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.