S-4.01 - Act respecting correctional services

Updated to 22 October 1999

This document has official status.

chapter S-4.01

Act respecting correctional services

This Act was formerly entitled “An Act respecting probation and houses of detention”. The title was replaced by section 4 of chapter 43 of the statutes of 1991.

1991, c. 43, s. 4.

DIVISION I DEFINITIONS AND APPLICATION

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “probation officer” : any officer contemplated in section 9;

(b)  “Director General” : the Director General of correctional services;

(c)  “house of detention” : any establishment contemplated in section 15;

(d)  “Minister” : the Minister of Public Security;

(e)  “directive” : any directive made under section 25;

(f)  “regulation” : any regulation made under this Act by the Government;

(g)  (paragraph repealed);

(h)  “activities” : any activities designed to promote the rehabilitation of confined persons, particularly work activities, whether remunerated or not, leisure and training activities, and sports and socio-cultural activities.

1969, c. 21, s. 1; 1977, c. 5, s. 14; 1986, c. 86, s. 38; 1987, c. 19, s. 1; 1988, c. 46, s. 24; 1991, c. 43, s. 5.

DIVISION II ADMINISTRATION

2. A correctional services division is hereby established at the Ministère de la Sécurité publique.

The correctional services division shall consist of a Director General, probation officers, wardens and inspectors of houses of detention, and such other officers and employees as are deemed necessary.

1969, c. 21, s. 2; 1977, c. 5, s. 14; 1986, c. 86, s. 40; 1988, c. 46, s. 25; 1991, c. 43, s. 6.

3. The Director General and the officers and employees of the correctional services division shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1969, c. 21, s. 3; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1991, c. 43, s. 7.

4. The Director General, who shall perform his duties under the authority of the Minister, shall promote the application of probationary measures to persons convicted of infringements of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or of a penal law.

He shall also facilitate the social rehabilitation of persons who have been made subject to the application of probationary measures or imprisoned in houses of detention.

He shall also be responsible for houses of detention.

1969, c. 21, s. 4.

4.1. The Minister shall recognize non-profit community resources engaged in the social rehabilitation of criminal offenders as partners of the correctional services.

1998, c. 28, s. 1.

DIVISION III SUPERVISED PROBATION

5. Where a term of imprisonment may be imposed on a person as a sentence for an offence against an Act of Québec, the judge may postpone the whole or part of the term of imprisonment and permit such a person to be released on supervised probation, on such conditions as he prescribes and for a period not exceeding two years, when he is of opinion that the nature of the offence, the circumstances in which it was committed and the antecedents, character and possibility of rehabilitation of such person so justify.

The judge may, on the same conditions, issue a probation order in addition to imposing a fine.

1969, c. 21, s. 5; 1990, c. 4, s. 662.

6. The court, after hearing the offender or giving him an opportunity to be heard, may change the conditions of an order made under section 5, or the period during which it shall remain in force, provided that such change does not have the effect of extending such period beyond two years.

1969, c. 21, s. 6.

7. Any person released on supervised probation under section 5 who infringes the conditions of the order shall, after the court has heard him or given him an opportunity to be heard, be liable to the punishment which might have been imposed upon him if the passing of the whole or part of the sentence had not been suspended, unless the court decides to change the order in accordance with section 6.

1969, c. 21, s. 7.

8. A copy of every order made under section 5 or 6 shall be given, by the person designated by the court, to the offender or his attorney and to the prosecutor.

1969, c. 21, s. 8.

DIVISION IV PROBATION OFFICERS

9. The courts shall be assisted, in the exercise of their powers respecting supervised probation and community service, by officers called probation officers.

1969, c. 21, s. 9; 1985, c. 29, s. 17; 1991, c. 43, s. 8; 1998, c. 28, s. 2.

10. Every probation officer shall be a peace officer in the entire territory of Québec.

1969, c. 21, s. 10.

11. (Repealed).

1969, c. 21, s. 11; 1978, c. 15, s. 140; 1991, c. 43, s. 9.

12. Every probation officer shall:

(a)  make an inquiry, upon the request of the court which convicts a person, respecting the antecedents, character and possibility of rehabilitation of such person, and also respecting any other matter concerning him that is indicated to such officer by the court;

(b)  make a written report of his inquiry to the court to assist it in passing sentence upon the offender;

(c)  advise the court, upon its request, as to the conditions which should be prescribed by any order of conditional or supervised probation;

(d)  supervise the offender while he is on conditional or supervised probation, ensure that he respects the conditions imposed upon him and, when necessary, report to the court.

(e)  supervise a person released on parole under the Act to promote the parole of inmates (chapter L-1.1), ensure that he respects the conditions imposed upon him and, if necessary, report to the Commission québécoise des libérations conditionnelles.

1969, c. 21, s. 12; 1978, c. 22, s. 51.

12.1. The probation officer shall intervene in the execution of an order involving the performance of hours of community service when

(a)  the order involving the performance of hours of community service is made at the judgment as a substitute for imprisonment;

(b)  the order regards a person of full age convicted of an indictable or penal offence who, in the opinion of the probation officer, meets the criteria of eligibility determined by regulation and who agrees to perform, without remuneration and under the supervision of a probation officer, community service with a community resource;

(c)  the community resource which consents to take part in the execution of an order involving the performance of hours of community service meets the criteria determined by regulation, in the opinion of the probation officer;

(d)  prior to the order, the officer verified the eligibility of the person concerned for community service;

(e)  the order fixes the number of hours of community service to be performed, within the limits established by regulation, and determines the time within which the hours of community service are to be performed;

(f)  the person contemplated by the order accepts and undertakes in writing to comply with the conditions established for the performance of the hours of community service.

1985, c. 29, s. 18; 1990, c. 4, s. 663; 1998, c. 28, s. 3.

12.2. The probation officer, the person contemplated by the order and the community resource shall cooperate in preparing the mode of execution of an order involving the performance of hours of community service.

1985, c. 29, s. 18; 1998, c. 28, s. 4.

12.3. At the request of the court, the probation officer shall intervene in the execution of any other order involving the performance of hours of community service.

1985, c. 29, s. 18; 1998, c. 28, s. 5.

Not in force

12.4. The probation officer shall intervene in the execution of an order for close supervision when

(a)  the order is made at the judgment as a substitute for imprisonment;

(b)  the order regards a person convicted of an indictable or penal offence who requires constant supervision and who meets the criteria of eligibility determined by regulation;

(c)  the order specifies that it is a case of close supervision;

(d)  the order fixes the duration and conditions of close supervision, in particular, the frequency with which the offender shall meet a supervisor and the obligation of the probation officer to report to the court at the intervals prescribed in the order;

(e)  the person contemplated by the order undertakes in writing to comply with the terms specified by the probation officer.

1987, c. 36, s. 2; 1990, c. 4, s. 664.

13. Every probation officer shall cooperate in the rehabilitation of persons convicted of infringing the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or a penal law and facilitate their social rehabilitation by giving them assistance and advice.

He shall also perform such other duties and functions as are determined by the Director General.

1969, c. 21, s. 13.

14. A copy of every report made under section 12 by a probation officer at the request of the court shall be given by the probation officer, under the authority of the court, to the offender or his attorney and to the prosecutor.

1969, c. 21, s. 14.

DIVISION V HOUSES OF DETENTION

15. The Government may establish houses of detention for any territory of Québec that it indicates.

It may also order, on such conditions as it determines, that any immovable or part of an immovable which it indicates and which is used for the detention of prisoners shall be a house of detention to which this Act applies.

1969, c. 21, s. 15.

16. Any house of detention established under the first paragraph of section 15 shall be managed by an officer under the authority of the Director General.

The warden of every house of detention shall admit thereto any person who, under the law, must be detained in such establishment; he shall inform him of the provisions of the Act to promote the parole of inmates.

He shall be responsible for the custody of such person until such person has been released or transferred to another establishment.

1969, c. 21, s. 16; 1978, c. 22, s. 52; 1991, c. 43, s. 10.

17. Every house of detention shall be equipped in such a way that the persons who are there pending the conclusion of their trial are kept separate from those who are serving sentences there.

1969, c. 21, s. 17.

18. Any person imprisoned in a house of detention following conviction for an infringement of a law or a regulation shall be entitled to a remission of punishment equal to one-third of his term of imprisonment; such remission of punishment shall be computed on the basis of one day out of two days of imprisonment during which he complies with the regulations and directives.

A first remission of punishment shall be granted not later than at the end of the month following the month during which such person was admitted to the establishment; subsequently, remission of punishment shall be granted not later than every three months.

If that person does not comply with the regulations and directives, the committee on discipline established in the manner provided for by regulation may grant him no remission of punishment, or only part of the remission.

Moreover, that committee may deprive a person of a remission of punishment which he has to his credit. In that case, if the remission so denied exceeds fifteen days, the committee shall obtain the previous approval of the Director General.

1969, c. 21, s. 18; 1978, c. 22, s. 53; 1978, c. 18, s. 11.

19. (Repealed).

1969, c. 21, s. 19; 1978, c. 21, s. 1; 1987, c. 19, s. 2.

19.1. (Repealed).

1978, c. 21, s. 1; 1987, c. 19, s. 2.

19.2. (Repealed).

1978, c. 21, s. 1; 1983, c. 28, s. 61; 1987, c. 19, s. 2.

19.3. (Repealed).

1978, c. 21, s. 1; 1984, c. 46, s. 30; 1987, c. 19, s. 2.

19.4. (Repealed).

1978, c. 21, s. 1; 1987, c. 19, s. 2.

19.5. (Repealed).

1978, c. 21, s. 1; 1978, c. 18, s. 12; 1987, c. 19, s. 2.

19.6. (Repealed).

1978, c. 21, s. 1; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1982, c. 32, s. 119; 1985, c. 6, s. 508.

19.6.1. Notwithstanding the Act respecting occupational health and safety (chapter S-2.1), only sections 12 to 48 and paragraph 11 of section 51 of the said Act apply to

(1)  a person confined in a house of detention who carries out remunerated work under a program of activities; for the purposes of the said Act, the fund for the benefit of confined persons established in that house of detention under section 22.0.1 is presumed to be his employer;

(2)  a person who performs hours of community service under a probation or a suspension order; for the purposes of the said Act, the Government is presumed to be his employer.

The contribution of the employer is established according to the standards applied under the said Act by the Commission de la santé et de la sécurité du travail.

1982, c. 32, s. 119; 1987, c. 19, s. 3; 1998, c. 28, s. 6.

19.7. The Labour Code (chapter C-27), the Act respecting collective agreement decrees (chapter D-2), the Act respecting labour standards (chapter N-1.1), the Public Service Act (chapter F-3.1.1), the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20), Chapter IV of the Building Act (chapter B-1.1), the Master Electricians Act (chapter M-3), the Master Pipe-Mechanics Act (chapter M-4) and the Act respecting manpower vocational training and qualification (chapter F-5) do not apply to a person confined in a house of detention who carries out

(1)  work inside such establishment;

(2)  work outside such establishment in an undertaking operated by the fund for the benefit of confined persons that has been established therein;

(3)  hours of community service under a probation order or a suspension order.

1978, c. 21, s. 1; 1978, c. 15, s. 140; 1979, c. 45, s. 149; 1981, c. 14, s. 40; 1982, c. 32, s. 120; 1983, c. 55, s. 161; 1986, c. 89, s. 50; 1987, c. 19, s. 4; 1998, c. 28, s. 7.

20. (Repealed).

1969, c. 21, s. 20; 1978, c. 22, s. 54.

21. The Director General may order that a person confined in a house of detention be transferred to another house of detention.

1969, c. 21, s. 21; 1987, c. 19, s. 5.

22. Any person who is in a place other than a house of detention during his transfer to another house of detention in accordance with section 21, while he is absent therefrom in accordance with the requirements of section 22.0.3, 22.2, 22.4 or 22.13, or while he is otherwise in the custody of the warden of such a house of detention, is deemed, for the purposes of this Act, the regulations and the directives, to continue to be imprisoned in such a house of detention.

1969, c. 21, s. 22; 1978, c. 18, s. 13; 1987, c. 19, s. 6.

DIVISION V.0.1 PROGRAMS OF ACTIVITIES FOR CONFINED PERSONS

1987, c. 19, s. 7.

§ 1 . — Fund for the benefit of confined persons

1987, c. 19, s. 7.

22.0.1. A fund for the benefit of confined persons is hereby established in every house of detention.

The name of every fund shall include the expression “Fonds au bénéfice des personnes incarcérées” and indicate the name of the house of detention.

1987, c. 19, s. 7.

22.0.2. The functions of every fund shall be to establish each year, on the date fixed by the central fund for the benefit of confined persons and within the framework determined by regulation, a program of activities for confined persons, and to see to its implementation. The program and any change in the program must be approved by the central fund.

A further function of every fund is to give financial assistance to confined persons on the conditions prescribed by regulation.

For those purposes, the fund, in accordance with the regulations, shall administer funds constituted of

(1)  sums deducted from the remuneration owed to a confined person, being the percentage thereof fixed by regulation;

(2)  gifts for the benefit of confined persons, subject to any attached conditions;

(3)  any income generated by a program of activities;

(4)  sums of money from any other source that may be determined by regulation;

(5)  interest yielded by the sums of money of which the fund is constituted.

1987, c. 19, s. 7.

22.0.3. The Director General may, within the framework of a program of activities for confined persons,

(1)  entrust the organization and management of services in the house of detention to the fund for the benefit of confined persons;

(2)  authorize a confined person to become involved in activities inside and outside the house of detention;

(3)  permit the fund to use the services, staff, premises and facilities of a house of detention, on the conditions prescribed by regulation.

In the cases prescribed by regulation, authorization cannot be given under subparagraph 2 of the first paragraph without taking into account the opinion of the person designated by regulation.

The powers of the Director General under this section may be exercised by a person designated by him in writing.

1987, c. 19, s. 7.

22.0.4. Every fund is a legal person.

1987, c. 19, s. 7; 1999, c. 40, s. 268.

22.0.5. The head office of the fund is at the house of detention.

1987, c. 19, s. 7.

22.0.6. The fund shall be administered by a board of directors composed of the warden and six other members appointed by the Director General.

Two members shall be chosen from among the persons confined in the house of detention, after consultation with those persons.

Two members shall be chosen from among the officers working under the authority of the warden or of the Director General.

Two members shall be chosen from among other persons who are interested in the rehabilitation of confined persons and who are resident in the territory of the house of detention; one of these members must be a representative of the business community.

1987, c. 19, s. 7; 1991, c. 43, s. 11.

22.0.7. The term of office of a member of the board of directors, other than that of the warden, shall not exceed two years. The term is renewable.

Each shall remain in office notwithstanding the expiry of his term until he is replaced or reappointed.

1987, c. 19, s. 7.

22.0.8. The members of the board of directors shall elect a chairman and a vice-chairman from among themselves. The vice-chairman shall carry on the functions of the chairman if he is absent or unable to act.

1987, c. 19, s. 7; 1999, c. 40, s. 268.

22.0.9. A majority of the members of the board of directors, including the warden or an officer, forms a quorum.

In the event of a tie-vote, the chairman has a casting vote.

1987, c. 19, s. 7.

22.0.10. A decision signed by all the members of the board of directors has the same force as if it had been taken at a regular sitting.

1987, c. 19, s. 7.

22.0.11. The board of directors shall administer the affairs and exercise all the powers of the fund.

1987, c. 19, s. 7.

22.0.12. A fund may, among other things,

(1)  subject to the rules prescribed by regulation, enter into any contract to enable a confined person to benefit from activities inside or outside the house of detention;

(2)  contract loans, according to the rules and on the terms and conditions prescribed by regulation, to finance a program of activities;

(3)  authorize expenditures out of its funds;

(4)  hire any person necessary for the performance of its functions.

1987, c. 19, s. 7.

22.0.13. A fund may make a gift or grant a loan, with or without interest, to another fund established under section 22.0.1.

1987, c. 19, s. 7.

22.0.14. The Government may, on such conditions as it may determine, guarantee, out of the consolidated revenue fund or otherwise, the payment in capital and interest of any loan or assume the cost of any other obligation contracted by a fund.

1987, c. 19, s. 7.

22.0.15. The remuneration owing to a person confined in a house of detention shall be paid into the fund established in that house of detention.

1987, c. 19, s. 7.

22.0.16. Every fund shall deduct an amount from the remuneration owing to a person confined in a house of detention, being the percentage thereof fixed by regulation, and pay it into the fund, and shall make the deductions prescribed by an Act in force in Québec or a statutory instrument thereunder or by a court judgment, as the case may be.

The balance of the remuneration shall be paid to the warden of the house of detention, who shall remit to the confined person, out of that balance, the allowance determined by regulation.

1987, c. 19, s. 7.

22.0.17. Subject to any contrary agreement in writing and authorized by the Director General, the balance of the remuneration shall be deposited by the warden in a financial institution and credited to the savings account held in trust for such purpose by the warden. When the confined person is released, the warden shall, by a cheque signed by him, pay to the person the amount and interest owing to him.

1987, c. 19, s. 7.

22.0.18. The warden of every house of detention shall make a report to every person confined there, at least once every month and at the time of his release, of the remuneration he has received on the person’s behalf and of the deductions and deposits made under section 22.0.16 or 22.0.17.

1987, c. 19, s. 7.

22.0.19. Every fund shall pay a contribution to the central fund for the benefit of confined persons at the time fixed by the fund.

The contribution shall be fixed by the central fund within the limits prescribed by regulation, and may be different for each fund.

1987, c. 19, s. 7.

22.0.20. The financial year of a fund ends on 31 December each year.

1987, c. 19, s. 7.

22.0.21. No deed, document or writing binds a fund unless it is signed by the chairman or any other duly authorized officer.

1987, c. 19, s. 7.

22.0.22. Every fund shall, not later than 30 April each year, submit its financial statements and a report of its activities for the preceding financial year to the Minister. The financial statements and the report of activities must contain all the information required by the Minister.

Copy of such financial statements and report of activities and of the auditor’s report that accompanies them must also be transmitted to the central fund for the benefit of confined persons.

1987, c. 19, s. 7.

22.0.23. Every fund shall also furnish the Minister with any information he requires on its activities.

1987, c. 19, s. 7.

22.0.24. The books and accounts of every fund shall be audited each year.

The auditor’s report must accompany the report of activities and financial statements of the fund.

The Minister may also, at any time, order the audit of the books and accounts of a fund by an auditor designated by him.

1987, c. 19, s. 7.

22.0.25. If a house of detention is closed, the fund shall be wound up according to the rules and on the terms and conditions prescribed by regulation.

1987, c. 19, s. 7.

§ 2 . — Central fund for the benefit of confined persons

1987, c. 19, s. 7.

22.0.26. A central fund called the “Fonds central pour le bénéfice des personnes incarcérées” is hereby established.

1987, c. 19, s. 7.

22.0.27. The functions of the central fund are

(1)  to lend support to a fund established in a house of detention and in financial difficulty, for which purpose it may make a gift to it or grant it a loan with or without interest;

(2)  to devise policies concerning programs of activities and to advise the Government on what regulations to adopt;

(3)  to approve the program of activities established by every fund established in a house of detention.

1987, c. 19, s. 7.

22.0.28. The central fund shall, for the purposes of paragraph 1 of section 22.0.27, manage, in accordance with the regulations, a fund constituted of

(1)  the contributions paid pursuant to section 22.0.19 by the funds established in houses of detention;

(2)  sums of money from any other source that may be determined by regulation;

(3)  the interest on the moneys in the fund.

1987, c. 19, s. 7.

22.0.29. The central fund is a legal person.

1987, c. 19, s. 7; 1999, c. 40, s. 268.

22.0.30. The head office of the central fund is at the correctional services division.

1987, c. 19, s. 7; 1991, c. 43, s. 12.

22.0.31. The central fund shall be administered by a board of directors composed of seven members appointed by the Minister; three members shall be chosen from among the wardens of the houses of detention, two shall be chosen from among the officers of the correctional services division, and two shall be chosen from among other persons interested in the rehabilitation of confined persons, including a representative of the business community.

The members of the board of directors shall be appointed for two years. Their term of office is renewable.

Each member shall remain in office notwithstanding the expiry of his term until he is replaced or reappointed.

1987, c. 19, s. 7; 1991, c. 43, s. 13.

22.0.32. Sections 22.0.8 to 22.0.11 and 22.0.20 to 22.0.24, adapted as required, apply to the central fund.

1987, c. 19, s. 7.

DIVISION V.1 TEMPORARY ABSENCE

1978, c. 22, s. 55.

22.1. For the application of this division, an inmate is a person confined to a house of detention for a term of imprisonment following conviction under a law or a regulation in force in Québec.

1978, c. 22, s. 55; 1991, c. 43, s. 14.

22.2. The Director General may, to facilitate the social rehabilitation of an inmate, on such conditions as he may determine, allow him to be absent temporarily from the house of detention.

An inmate is eligible for temporary absence upon having served one-sixth of the term of imprisonment of less than two years imposed by the court.

However, an inmate serving a term of imprisonment of six months or more shall cease to be eligible for temporary absence upon becoming eligible for parole.

1978, c. 22, s. 55; 1991, c. 43, s. 15; 1998, c. 28, s. 8.

22.3. (Repealed).

1978, c. 22, s. 55; 1991, c. 43, s. 16.

22.4. The Director General may, for humanitarian reasons, on such conditions as he may determine, authorize an inmate to be absent temporarily, whatever the term of his imprisonment and even if the inmate is not eligible for temporary absence under section 22.2.

1978, c. 22, s. 55; 1991, c. 43, s. 17.

22.5. No temporary absence contemplated in section 22.2 or 22.4 shall exceed 60 days.

A period of absence may, after re-examination of the record, be extended by one or more periods of not more than 60 days.

1978, c. 22, s. 55; 1998, c. 28, s. 9.

22.6. In the cases provided for in section 22.2 or 22.4, the Director General shall render his decision on the recommendation of a committee on temporary absence which must be established in every house of detention.

Such committee shall be composed of two persons designated by the warden of the house of detention, in accordance with the regulations.

1978, c. 22, s. 55; 1995, c. 26, s. 1.

22.7. The committee, in its recommendation, and the Director General, in his decision, shall take into account, in particular, the inmate’s personality and behaviour, his ability to meet obligations, his plans, his family and social relations, his former employments, his aptitudes for work, his judicial record and his conduct during a period of temporary absence, a period of imprisonment or a period of conditional liberation.

1978, c. 22, s. 55.

22.8. The inmate must address his application to the committee in writing.

1978, c. 22, s. 55.

22.9. The inmate is entitled, if he applies therefor, to present observations and to be represented before the committee by the person of his choice or to be assisted by such person except by another inmate imprisoned in another house of detention.

1978, c. 22, s. 55; 1997, c. 43, s. 714.

22.10. With the least possible delay following receipt of the application, the committee shall examine it, make the necessary consultations and transmit to the Director General its recommendation and the record the contents of which are determined by regulations. Where no unanimous decision has been reached, a new committee composed of three persons shall re-examine the application for temporary absence and transmit its recommendation to the Director General.

1978, c. 22, s. 55; 1995, c. 26, s. 2.

22.11. The Director General shall render his decision in writing giving the reasons therefor and notify the inmate in writing with the least possible delay following receipt of the committee’s recommendation.

He shall not be bound by the recommendation of the committee.

1978, c. 22, s. 55.

22.12. In the cases provided for in sections 22.2 and 22.14.1, the inmate may contest the decision rendered by the Director General, in accordance with the Act to promote the parole of inmates (chapter L-1.1).

1978, c. 22, s. 55; 1991, c. 43, s. 18; 1997, c. 43, s. 715.

22.13. The Director General may, for medical reasons, authorize, on the conditions he determines, a confined person to be absent temporarily from the house of detention, whatever the term of his imprisonment and even if he is not eligible for temporary absence under section 22.2.

1978, c. 22, s. 55; 1978, c. 18, s. 14; 1991, c. 43, s. 19.

22.14. The Director General may, where he has reasonable grounds to believe that the confined person has violated a condition of his temporary absence or that action must be taken to prevent such a violation, revoke the temporary absence and notify the person that he must return to the house of detention within such time as is determined by the Director General.

The person confined shall be informed in writing, as soon as possible, of the grounds of such revocation.

1978, c. 22, s. 55; 1991, c. 43, s. 20.

22.14.1. As soon as possible after his decision to revoke a temporary absence under section 22.14, the Director General must re-examine the facts and he may maintain his decision to revoke the temporary absence of the confined person or revise his decision and cancel the revocation.

The person confined, if he so requests, is entitled to present observations before a decision is made by the Director General.

1991, c. 43, s. 20; 1997, c. 43, s. 716.

22.15. The powers of the Director General under this division may be exercised by a person designated by him in writing.

1978, c. 22, s. 55.

22.16. A person sentenced to more than one term of imprisonment or to a term of imprisonment during a period of imprisonment is deemed to serve only one sentence beginning on the day when the first of the sentences is effective and ending at the expiry of the last term of imprisonment.

1978, c. 22, s. 55; 1998, c. 28, s. 10.

22.17. This division also applies where the Director General is exercising the powers contemplated in section 22.0.3.

1978, c. 22, s. 55; 1978, c. 18, s. 15; 1987, c. 19, s. 8.

DIVISION VI REGULATIONS

23. In addition to the other regulatory powers assigned to it by this Act, the Government, by regulation, may:

(a)  determine what classes of persons may be imprisoned in each class of houses of detention which it indicates;

(b)  determine the powers which the Director General or the warden of a house of detention may exercise or delegate to the officers or employees under his authority;

(c)  establish standards respecting the administration and internal management of houses of detention;

(d)  prescribe the measures of supervision and security to be taken in houses of detention;

(d.1)  prescribe administrative segregation measures which may be taken against confined persons where there are reasonable grounds to believe that such persons are concealing objects which are prohibited by law and, to that end,

(1)  determine the classes of confined persons who may be subject to an administrative segregation measure;

(2)  designate the officers or classes of officers authorized to impose such a measure and determine their powers;

(3)  determine the cases where an administrative segregation measure may be imposed, its duration, and the conditions related to application of such a measure;

(4)  specify the rules of procedure related to the imposition of an administrative segregation measure, in particular, the right of the person confined to present observations and be informed in writing of the grounds of the decision as soon as possible;

(5)  prescribe a mechanism for the review of such decisions before the warden of the house of detention, determine his powers, fix the time within which the review must be made and prescribe that the person confined is entitled to present observations to the warden;

(e)  subject to section 17, establish different classes of confined persons and prescribe standards respecting their confinement separately from one another;

(f)  regulate discipline in houses of detention, establish committees on discipline, determine their composition, duties and powers, specify the rules of procedure and the criteria of decision of such committees and the punishments they may inflict, and determine the conditions governing the mechanism for the review of such decisions before the warden of a house of detention;

(g)  establish standards respecting food, clothing and other articles to be furnished to confined persons;

(h)  determine the measures to be taken, in such classes of houses of detention as it indicates, respecting visits to persons confined therein;

(i)  (paragraph repealed);

(j)  prescribe the measures to be taken to facilitate access by confined persons to academic, occupational training or self-improvement courses;

(j.1)  determine other sources of sums of money which may go to constitute the funds contemplated in the third paragraph of section 22.0.2 or in section 22.0.28;

(k)  direct the carrying out of the provisions of this Act respecting the remission of penalties;

(l)  determine the measures to be taken, when confined persons are released, to assist them in returning to their homes;

(m)  provide for the inspection of houses of detention, and determine the extent of such inspections and the form and tenor of the reports which inspectors must file.

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  (paragraph repealed);

(q)  (paragraph repealed);

(r)  (paragraph repealed);

(s)  determine the contents of an application for temporary absence;

(t)  determine the categories of persons who may be members of a committee on temporary absence;

(u)  determine the contents of the record to be transmitted by a committee on temporary absence to the Director General or by the Director General to the Commission québécoise des libérations conditionnelles;

(v)  specify the duties of the probation officer, determining the criteria and the number of hours contemplated in paragraphs b, c and e of section 12.1;

(w)  determine the procedure to be followed in preparing the mode of execution of an order involving the performance of hours of community service contemplated in section 12.1 and specify the functions and duties of the probation officer and the community resource, within the scope of the execution of the order;

Not in force

(x)  determine the criteria of eligibility for close supervision.

1969, c. 21, s. 23; 1978, c. 21, s. 2; 1978, c. 18, s. 16; 1978, c. 22, s. 56; 1985, c. 29, s. 19; 1987, c. 36, s. 3; 1987, c. 19, s. 9; 1991, c. 43, s. 21; 1997, c. 43, s. 717; 1998, c. 28, s. 11.

23.1. The Government shall make any regulations necessary for the administration of Division V.0.1 respecting programs of activities for confined persons, and shall, in particular,

(1)  fix criteria for the establishment of a program of activities, determine activities which must or may be included in such a program and, where such is the case, in the program of activities of each fund established in each house of detention;

(2)  determine standards of implementation of programs of activities;

(3)  prescribe the conditions under which a fund established in a house of detention may give financial assistance to a confined person;

(4)  determine standards of management of the sums of money which go to constitute a fund contemplated in the third paragraph of section 22.0.2 or in section 22.0.28 and determine which investments and loans of a fund must be authorized by the central fund;

(5)  determine the rules to be followed by a fund established in a house of detention in the exercise of the power contemplated in paragraph 1 of section 22.0.12;

(6)  prescribe rules, terms and conditions respecting the borrowing powers of a fund established in a house of detention and determine which borrowings must be authorized by the central fund;

(7)  prescribe the conditions on which a fund established in a house of detention may use the services, staff, premises and facilities of the establishment;

(8)  prescribe cases where authorization contemplated in section 22.0.3 cannot be given without taking into account the opinion of the person it designates by regulation;

(9)  establish standards respecting the remuneration and other conditions of employment of persons performing duties under a program of activities;

(10)  prescribe rules, terms and conditions respecting the winding-up of a fund established in a house of detention;

(11)  determine, for the application of section 22.0.16, the percentage of the remuneration owing to a confined person, which may vary according to the criteria it prescribes by regulation;

(12)  prescribe the limits within which the central fund shall determine the amount of the contribution payable by each fund established in a house of detention, which may vary according to the criteria it prescribes by regulation;

(13)  determine what allowance a person confined in a house of detention may receive out of the remuneration owed to him and what purchases and reimbursements he may make.

1987, c. 19, s. 10.

24. (Repealed).

1969, c. 21, s. 24; 1987, c. 19, s. 11.

25. Subject to the regulations, the Director General and the warden of any house of detention for the establishment under his management may issue directives respecting any matter contemplated in paragraphs c to j.1, l and m of section 23 and in section 23.1.

A directive issued by the Director General is subject to the approval of the Minister and a directive issued by a warden is subject to the approval of the Director General.

A directive comes into force on the date of its approval or on any later date fixed therein.

1969, c. 21, s. 25; 1978, c. 18, s. 17; 1987, c. 19, s. 12.

DIVISION VII FINAL PROVISIONS

26. The Minister of Public Security shall have charge of the carrying out of this Act.

1969, c. 21, s. 38; 1986, c. 86, s. 38; 1988, c. 46, s. 24.

27. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter P-26 of the Revised Statutes, in force on 1 March 1993, is repealed effective from the coming into force of chapter S-4.01 of the Revised Statutes.

Section 9 of this Act will be amended upon the coming into force of section 1 of chapter 36 of the statutes of 1987 on the date fixed by order of the Government.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1987, c. 36, s. 4).