Corrections and Conditional Release Regulations (SOR/92-620)

Disposal of Vocational Training Program and Hobby Products

109 Goods that are produced, repaired or maintained or services that are provided by an inmate employed in a penitentiary vocational training program may be

• (a) sold or donated to a charitable, non-profit, religious or spiritual organization; or

• (b) where no such organization expresses an interest in the goods or services, sold to staff members.

110 An inmate may sell a product of a hobby of the inmate to any person.

Inmate Trust Fund

• 111 (1) The Service shall ensure that all moneys that accompany an inmate when the inmate is admitted into a penitentiary and all moneys that are received on the inmate’s behalf while the inmate is in custody are deposited to the inmate’s credit in a trust fund, which fund shall be known as the Inmate Trust Fund.

• (2) The Inmate Trust Fund shall comprise a current account and a savings account in respect of each inmate.

• (3) No moneys standing to the credit of an inmate’s savings account in the Inmate Trust Fund shall be paid out of that account if the balance of the account is lower than the amount provided for in Commissioner’s Directives.

• (4) No moneys in the Inmate Trust Fund standing to the credit of an inmate shall, except where a family relationship exists, be transferred to the credit of another inmate.

Inmate Businesses

• 112 (1) No inmate shall operate a business in a penitentiary unless the inmate obtains the approval of the Commissioner or a staff member designated by the Commissioner, in accordance with subsection (2).

• (2) The Commissioner or a staff member designated by the Commissioner may grant approval to an inmate to conduct a business, in accordance with the procedures set out in Commissioner’s Directives, where

  • (a) the security and operational constraints of the penitentiary permit the conduct of the business; and

  • (b) the business is consistent with the inmate’s correctional plan.

• (3) Where the conditions set out in subsection (2) are no longer met, the Commissioner or a staff member designated by the Commissioner may withdraw the approval granted under that subsection.

• (4) Where the Commissioner or a staff member designated by the Commissioner withdraws an approval granted under subsection (2), the Commissioner or staff member shall give the inmate

  • (a) written notice of the withdrawal of approval, including the reasons for the withdrawal; and

  • (b) a reasonable opportunity to wind up the business.

• 113 (1) Where, on reception of an inmate in a penitentiary, the inmate wishes to have a business that the inmate is operating outside the penitentiary operated on the inmate’s behalf or to wind up the business, the Service shall ensure that the inmate is given a reasonable opportunity to make arrangements to have the business operated on the inmate’s behalf or wind up the business.

• (2) Where an inmate wishes to wind up a business that the inmate is operating in the penitentiary, the Service shall ensure that the inmate is given a reasonable opportunity to wind up the business.

Indigenous Offenders

114 If an offender submits a request for a transfer to the care and custody of the appropriate Indigenous authority under subsection 81(3) of the Act, the Commissioner or a staff member designated by the Commissioner shall, within 60 days after the request is made, consider the request, consult with the appropriate Indigenous authority and give the offender written notice of the decision, including the reasons for the decision if the request is denied.

Treatment Demonstration Programs

115 For the purposes of subsection 88(4) of the Act, equal numbers from the community of lay persons and registered health care professionals with expertise related to the treatment demonstration program shall constitute a treatment demonstration program committee.

Death of an Inmate

• 116 (1) Where an inmate dies, the institutional head or a staff member designated by the institutional head shall promptly notify

  • (a) subject to subsection (2), the person who the inmate indicated to the Service in writing was to be notified;

  • (b) the coroner or medical examiner who has jurisdiction over the area in which the penitentiary is located; and

  • (c) the Commissioner or a staff member designated by the Commissioner.

• (2) If an inmate has not indicated the name of a person under subsection (1), the institutional head or staff member shall, as soon as practicable, notify the inmate’s next of kin.

• 117 (1) Where the body of a deceased inmate is claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the moneys standing to the inmate’s credit in the Inmate Trust Fund are insufficient to cover the cost, for the body to be transported to a funeral home in the person’s or next of kin’s hometown.

• (2) The Service may, for compassionate reasons or where the costs of the funeral of an inmate would prevent the body of the inmate being claimed, pay all or part of the costs of the funeral in the hometown of the inmate or of the person who claims the body.

118 Where the body of a deceased inmate is not claimed by the person referred to in paragraph 116(1)(a) or by the inmate’s next of kin, the institutional head or a staff member designated by the institutional head shall arrange, at public expense to the extent that the inmate’s estate is insufficient to cover the costs, for the body to be

• (a) where practicable, buried, cremated or otherwise dealt with, in accordance with the instructions left by the inmate; or

• (b) buried or cremated, where the inmate did not leave instructions, or where it is not practicable to carry out the inmate’s instructions.

• 119 (1) The Service shall deliver the portion of the estate of a deceased inmate that is under the control of the Service to the inmate’s personal representative, if any, in accordance with applicable provincial laws.

• (2) For the purposes of subsection (1), the portion of the estate of a deceased inmate that is under the control of the Service includes

  • (a) any pay that was owed to the inmate by the Service at the time of death;

  • (b) any moneys standing to the inmate’s credit in the Inmate Trust Fund; and

  • (c) the inmate’s personal belongings, including cash, that are in the care or custody of the Service.

Allowances on Release

• 120 (1) The Service shall give, to each inmate on the inmate’s release from penitentiary, where necessary,

  • (a) clothing suitable to the season and to the requirements of the inmate’s release plan; and

  • (b) an amount to cover travelling and living expenses

    • (i) to the destination specified in the inmate’s release plan, or

    • (ii) where the inmate is leaving the penitentiary on expiration of the inmate’s sentence, to

      • (A) the place where the inmate was convicted, if the inmate was convicted in Canada,

      • (B) at the request of the inmate, any place no further distant than the place referred to in clause (A), or

      • (C) any place in Canada, with the approval of the Commissioner or a staff member designated by the Commissioner.

• (2) Where an inmate is released from penitentiary, the Service shall ensure that the inmate is given all moneys standing to the inmate’s credit in the Inmate Trust Fund.

• (3) Where an offender is on temporary absence, work release, parole or statutory release, the Service shall ensure that, in accordance with Commissioner’s Directives, the offender is provided with an allowance to ensure that the offender’s basic material needs are met and to permit the offender to comply with the requirements of the release plan.

Compensation for Death or Disability

Interpretation

121 For the purposes of this section and sections 122 to 144,

age of majority

age of majority, in respect of a dependent child, means the age of majority in the province in which the dependent child resides; (âge de la majorité)

approved program

approved program means

• (a) any work activity sponsored, approved or permitted by the Service or any other activity required by the Service, excluding any recreational or social activity,

• (b) any extra duties imposed pursuant to subsection 44(1) of the Act,

• (c) any training course that is approved by the Service, and

• (d) any transportation that is arranged for or provided by the Service in connection with any activity, duties or course referred to in paragraphs (a) to (c); (programme agréé)

authorized person

authorized person means a person who is authorized by the Minister under section 22 of the Act to pay compensation; (délégué)

child

child means a natural or adopted child of an inmate or a person on day parole, or a child in respect of whom the inmate or person on day parole maintains a parent-child relationship; (enfant)

claimant

claimant means

• (a) a person who is claiming compensation for a disability attributable to the person’s participation in an approved program, and

• (b) in the case of the death of an inmate or a person on day parole attributable to the inmate’s or person’s participation in an approved program, a person who is claiming compensation as a dependant of that inmate or person; (demandeur)

common-law spouse

common-law spouse means a person who

• (a) has cohabited with an inmate or person on day parole, although not legally married to the inmate or person, for at least one year immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and

• (b) has been recognized as the husband or wife of that inmate or person in the community in which they have cohabited; (conjoint de fait)

compensation

compensation means compensation paid pursuant to section 22 of the Act; (indemnité)

dependant

dependant means a dependent child or surviving spouse of an inmate or a person on day parole; (personne à charge)

dependent child

dependent child means a surviving child of an inmate or a person on day parole

• (a) who has never been married, whose financial support was obtained substantially from the inmate or person on day parole immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program, and

• (b) who is

  • (i) less than the age of majority,

  • (ii) the age of majority or older but under 25 years of age and enrolled and in attendance as a full-time student in an academic, professional or vocational program at a university, college or other educational institution, or

  • (iii) the age of majority or older and physically or mentally incapable of earning income through employment, where the incapacity predates the child’s reaching the age of majority; (enfant à charge)

disability

disability means the loss or lessening of the power to will and to do any normal mental or physical act; (invalidité)

Labour Canada

Labour Canada means the person who is responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour or a person who is designated by that person; (Travail Canada)

medical care

medical care means care that is reasonably necessary to diagnose, cure or give relief from a disability and includes

• (a) treatment by a qualified medical practitioner or a dentist,

• (b) in-patient and out-patient care and maintenance in a hospital or clinic,

• (c) therapeutic and work-related training and rehabilitation services,

• (d) the provision of drugs, medical and surgical supplies, prosthetic appliances and eyeglasses,

• (e) rental of equipment for treating a disability, and

• (f) travel and accommodation expenses that relate to paragraphs (a) to (e); (soins médicaux)

minimum wage

minimum wage means the hourly minimum wage that is required to be paid to persons 17 years of age or older, as set out in Part III of the Canada Labour Code; (salaire minimum)

monthly minimum wage

monthly minimum wage means the minimum wage multiplied by 175; (salaire minimum mensuel)

occupational disease

occupational disease includes

• (a) a disease resulting from exposure to a substance relating to a particular process, a trade or occupation in an industry, and

• (b) a disease peculiar to or characteristic of a particular industrial process, trade or occupation; (maladie professionnelle)

spouse

spouse means the husband or wife of an inmate or a person on day parole, and includes the common-law spouse of such an inmate or person; (conjoint)

surviving spouse

surviving spouse means a surviving spouse of an inmate or a person on day parole whose financial support was obtained substantially from the inmate or person immediately before the incarceration of the inmate or person or death of the inmate or person, where the death is attributable to the participation of the inmate or person in an approved program. (conjoint survivant)

Eligibility for Compensation

122 Subject to sections 123 to 140, the Minister or authorized person may pay compensation to

• (a) an inmate or a person on day parole, in respect of a disability or the aggravation of an existing disability that is attributable to the participation of the inmate or person in an approved program,

  • (i) after the inmate or person is released from custody on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence, or

  • (ii) where the person on day parole is employed on a full-time basis other than by the Service; and

• (b) a dependant in respect of the death of an inmate or a person on day parole that is attributable to the participation of the inmate or person in an approved program.

123 The Minister or authorized person may pay compensation in the amount required for medical care for a disability.