Correctional Services and Reintegration Act, 2018, S.O. 2018, c. 6, Sched. 2

• Jurisdiction: Ontario

Correctional Services and Reintegration Act, 2018

S.o. 2018, chapter 6
Schedule 2

Consolidation Period: From May 29, 2019 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

Last amendment: 2019, c. 7, Sched. 17, s. 57.

CONTENTS

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 presumption 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, including 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 correctional system must be responsive to the needs of First Nation, Inuit and Métis Peoples;

(g) affirm our obligation to provide safe and humane custody and care, including through the provision of adequate conditions of confinement and appropriate, patient-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 accountability 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 that, 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 within 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 137; (“Commission”)

“community resource centre” means a residential or non-residential facility designated under section 24 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 individual, 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 15, 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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “correctional institution” in section 2 of this Act is amended by striking out “a place of open custody, a place of secure custody or a detention facility established under section 16.1 of the Police Services Act” at the end and substituting “a place of open custody or a place of secure custody”. (See: 2018, c. 6, Sched. 2, s. 158 (2))

“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 within 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 57 (3) who provide health care services 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 17 for the region in which the correctional institution is located; (“président régional indépendant”)

“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 is confined in a correctional institution pursuant to that Act; (“détenu”)

“Inspector General” means the Inspector General of Correctional Services appointed under subsection 122 (1); (“inspecteur général”)

“lockdown” means a state imposed by the superintendent under section 104; (“confinement cellulaire”)

“mental health care service team” means a team of health professionals established under subsection 57 (3) with knowledge and skill in mental health care who provide mental health care services 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” ou “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 order 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...