Ministry of Correctional Services Act, R.S.O. 1990, c. M.22

• Jurisdiction: Ontario

Ministry of Correctional Services Act

R.S.O. 1990, Chapter M.22

Consolidation Period: From July 1, 2019 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2018, c. 6, Sched. 3, s. 1 (1))

Last amendment: 2019, c. 7, Sched. 17, s. 108.

CONTENTS

Definitions

1 In this Act,

“compassionate allowance” means an allowance made under section 13 of this Act and the regulations; (“indemnité spéciale”)

“contractor” means an individual, corporation, partnership or unincorporated association that enters into a contract or agreement under subsection 8 (4) or (5) to provide 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 14, whether it is operated or maintained by the Ministry or by a contractor, but does not include a place of open custody, a place of secure custody, a place of temporary detention or a lock-up 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 1 of the Act is amended by striking out “established under section 16.1 of the Police Services Act” at the end. (See: 2019, c. 1, Sched. 4, s. 32 (1))

“correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry, including the operation and maintenance of correctional institutions; (“service correctionnel”)

“Deputy Minister” means the Deputy Minister of Correctional Services; (“sous-ministre”)

“inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); (“détenu”)

“Minister” means the Minister of Correctional Services; (“ministre”)

“Ministry” means the Ministry of Correctional Services; (“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”)

“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”)

“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”) R.S.O. 1990, c. M.22, s. 1; 2000, c. 40, s. 1; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. N, s. 18 (2, 3, 5); 2006, c. 19, Sched. D, s. 12 (3, 4, 7, 10); 2009, c. 2, s. 16; 2009, c. 33, Sched. 9, s. 8 (1).

Section Amendments with date in force (d/m/y)

2000, c. 40, s. 1 (1-4) - 03/07/2001

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. N, s. 18 (2, 5) - 02/05/2005; 2002, c. 18, Sched. N, s. 18 (1, 4, 6) - no effect - see 2009, c. 2, s. 32 - 09/03/2009; 2002, c. 18, Sched. N, s. 18 (3) - 17/12/2012

2006, c. 19, Sched. D, s. 12 (1, 3, 4, 7, 10) - 22/06/2006; 2006, c. 19, Sched. D, s. 12 (6, 9, 12) - no effect - see 2009, c. 2, s. 33 - 09/03/2009

2009, c. 2, s. 16 - 01/04/2009; 2009, c. 33, Sched. 9, s. 8 (1) - 15/12/2009

2018, c. 3, Sched. 5, s. 34 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 6, Sched. 3, s. 13 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 32 (1) - not in force

PART I
MINISTRY OF CORRECTIONAL SERVICES

Ministry continued

2 (1) The ministry of the public service known in English as the Ministry of Correctional Services and in French as ministère des Services correctionnels is continued. R.S.O. 1990, c. M.22, s. 2 (1).

Minister to preside

(2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.22, s. 2 (2).

Deputy Minister

3 The Lieutenant Governor in Council shall appoint a Deputy Minister of Correctional Services who shall be the deputy head of the Ministry. R.S.O. 1990, c. M.22, s. 3.

Duties of Minister

4 The Minister is responsible for the administration of this Act and any Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 4.

Functions of Ministry

5 It is the function of the Ministry to supervise the detention and release of inmates, parolees and probationers and to create for them an environment in which they may achieve changes in attitude by providing training, treatment and services designed to afford them opportunities for successful personal and social adjustment in the community, and, without limiting the generality of the foregoing, the objects of the Ministry are to,

(a) provide for the custody of persons awaiting trial or convicted of offences;

(b) establish, maintain and operate correctional institutions;

(c) provide programs and facilities designed to assist in the rehabilitation of inmates;

(d) establish and operate a system of parole;

(e) provide probation services;

(f) provide supervision of non-custodial dispositions, where appropriate; and

(g) provide programs for the prevention of crime. 2009, c. 2, s. 17.

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. N, s. 19 (1, 2) - 01/04/2009

2009, c. 2, s. 17 - 01/04/2009

Employees

6 Such employees as are required from time to time for the proper conduct of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006. R.S.O. 1990, c. M.22, s. 6; 2006, c. 35, Sched. C, s. 71 (1).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 71 (1) - 20/08/2007

Delegation of Minister’s powers

7 Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing delegate that power or duty to the Deputy Minister, or to any officer or officers of the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.22, s. 7.

Agreements to provide corrective services

8 (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 Crown in right of Canada or of any province of Canada or with any municipality respecting,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (1) of the Act is amended by striking out “or with any municipality” in the portion before clause (a) and substituting “or with any municipality or police service board”. (See: 2019, c. 1, Sched. 4, s. 32 (2))

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

(b) the transfer of inmates serving custodial sentences;

(c) any matter relating to the supervision and rehabilitation of an inmate, parolee or probationer; or

(d) any matter for the administration of which the Minister is responsible. R.S.O. 1990, c. M.22, s. 8 (1); 2009, c. 2, s. 18 (1).

(2), (3) Repealed: 2009, c. 2, s. 18 (2).

Agreements

(4) The Minister, for and in the name of the Crown, may enter into any contract or agreement that he or she considers advisable for the purpose of carrying out the provisions of this Act. R.S.O. 1990, c. M.22, s. 8 (4).

Idem

(5) The employees of the Ministry under the direction of the Minister or the Deputy Minister may enter into contracts or agreements for and in the name of the Crown to carry out the responsibilities of the Ministry under this Act. R.S.O. 1990, c. M.22, s. 8 (5).

Same

(6) Without limiting the generality of subsections (4) and (5), a contract or agreement under either of those subsections may authorize or require an individual, corporation, partnership or unincorporated association to provide correctional services. 2000, c. 40, s. 2.

Section Amendments with date in force (d/m/y)

2000, c. 40, s. 2 - 03/07/2001

2006, c. 19, Sched. D, s. 12 (13) - 22/06/2006

2009, c. 2, s. 18 (1, 2) - 01/04/2009

2018, c. 3, Sched. 5, s. 34 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 6, Sched. 3, s. 13 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 32 (2) - not in force

Volunteers

9 Every person providing volunteer services to the Ministry shall serve under the direction of an employee of the Ministry, a contractor or an employee of a contractor. R.S.O. 1990, c. M.22, s. 9; 2000, c. 40, s. 3.

Section Amendments with date in force (d/m/y)

2000, c. 40, s. 3 - 03/07/2001

Confidentiality

10 (1) Every person employed in the administration of this Act, including any person making an inspection, investigation or inquiry under this Act, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inspection, investigation or inquiry and shall not 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 Young Offenders Act (Canada), the Youth Criminal Justice Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder;

(b) to...