S-40.1 - Act respecting the Québec correctional system

Section 193 Disposition versions

2020-12-11

193. The Government may, by regulation,

(1)  determine, in addition to the powers already provided for in this Act, the powers that the director of a correctional facility may exercise;

(2)  establish with respect to correctional officers, probation officers, correctional counsellors or managers working with persons entrusted to the correctional services, specific rules of conduct that may be adapted for the various categories of position concerned or made applicable only to certain of them and that determine

(a)  their duties and standards of conduct in their relations with persons entrusted to the correctional services,

(b)  the implementation mechanisms, including the designation of the persons responsible for ascertaining compliance with those rules, and

(c)  the sanctions applicable in case of violation;

(3)  establish standards respecting the administration and internal management of correctional facilities and the surveillance and security measures that must be taken in correctional facilities;

(4)  establish a procedure to process complaints from inmates;

(5)  determine the cases in which persons entrusted to the correctional services, visitors, personnel members and the cells of a correctional facility may be searched, the kinds of searches permitted, the conditions in which searches may be conducted and the persons or categories of persons who may conduct such searches;

(6)  prescribe administrative segregation measures that may be taken against an inmate where there are reasonable grounds to believe that the inmate is in possession of contraband and, for that purpose,

(a)  determine the categories of inmates who may be the subject of administrative segregation measures;

(b)  designate the employees or categories of employees who are authorized to impose administrative segregation measures and determine their powers;

(c)  determine the cases in which administrative segregation measures may be imposed, their duration and the conditions applicable to their implementation;

(d)  specify the rules of procedure for the imposition of administrative segregation measures, in particular as regards the rights of inmates;

(e)  prescribe a mechanism for the review of such a decision by the director of the correctional facility, determine its powers, establish the time frame for the review and provide for the inmate’s right to submit observations to the director;

(7)  determine, in addition to the responsibilities already provided for in this Act, the responsibilities of inmates;

(8)  determine the measures that a member of the personnel of a correctional facility must take on becoming aware of a breach of discipline, establish the rules of procedure and decision criteria to be used by discipline committees as well as the punishment they may impose, and determine the conditions applicable to the decision review mechanism;

(9)  establish standards respecting hygiene, health care, physical exercise, food, clothing and other articles that must be provided to inmates;

(10)  determine the classes of persons who may visit inmates or who are authorized to visit correctional facilities, and the rules applicable in such circumstances;

(11)  regulate the application of the provisions of this Act that relate to remission;

(12)  determine the measures that must be taken upon the release of inmates to meet their basic needs;

(13)  determine the content of the record transmitted to the director by a temporary absence examining board or, in the case of a review, the record transmitted by a director to the person designated by the Minister;

(14)  specify the terms and conditions applicable to the preparation and execution of an order imposing hours of community service;

(15)  fix criteria for the establishment of a program of activities and establish standards for its implementation;

(16)  establish standards respecting the remuneration and other conditions of employment of persons exercising functions under a program of activities;

(17)  establish the conditions subject to which a fund may financially assist an inmate;

(18)  fix the percentage of remuneration owed to an inmate to be paid into a fund, which may vary according to criteria the Government determines;

(19)  determine the rules applicable to the making of a contract by a fund concerning the carrying out of activities inside or outside a correctional facility;

(20)  determine the rules applicable to loans contracted by a fund to finance a program of activities;

(21)  determine the standards applicable to the management of the sums that make up a fund referred to in section 75 or 104 and determine the source of other sums that may make up such a fund;

(22)  establish the conditions subject to which the services, the personnel, the premises and the equipment of a correctional facility may be put at the disposal of a fund;

(23)  determine the rules applicable to the liquidation of a fund established in a correctional facility;

(24)  set the limits within which the Minister is to determine the contribution to be paid by each fund, which may vary according to criteria the Government determines;

(25)  determine the allowance an inmate in a correctional facility may receive out of the remuneration owed and the purchases and reimbursements the inmate may make;

(26)  determine, for the purposes of the second paragraph of section 78, the cases where an authorization may not be granted without taking into account the opinion of the person designated for that purpose;

(27)  determine the nature of the information the parole board is required to transmit to a person eligible for conditional release;

(28)  (paragraph repealed);

(29)  establish rules of procedure for the application of Chapter IV of this Act.

In case of discrepancy between the rules of conduct established under subparagraph 2 of the first paragraph and the standards of ethics and discipline established under the Public Service Act (chapter F-3.1.1), the more demanding rules and principles apply.

2002, c. 24, s. 193; 2005, c. 44, s. 34; 2020, c. 31, s. 51.

2007-02-05

193. The Government may, by regulation,

(1)  determine, in addition to the powers already provided for in this Act, the powers that the director of a correctional facility may exercise;

(2)  establish with respect to correctional officers, probation officers, correctional counsellors or managers working with persons entrusted to the correctional services, specific rules of conduct that may be adapted for the various categories of position concerned or made applicable only to certain of them and that determine

(a)  their duties and standards of conduct in their relations with persons entrusted to the correctional services,

(b)  the implementation mechanisms, including the designation of the persons responsible for ascertaining compliance with those rules, and

(c)  the sanctions applicable in case of violation;

(3)  establish standards respecting the administration and internal management of correctional facilities and the surveillance and security measures that must be taken in correctional facilities;

(4)  establish a procedure to process complaints from inmates;

(5)  determine the cases in which persons entrusted to the correctional services, visitors, personnel members and the cells of a correctional facility may be searched, the kinds of searches permitted, the conditions in which searches may be conducted and the persons or categories of persons who may conduct such searches;

(6)  prescribe administrative segregation measures that may be taken against an inmate where there are reasonable grounds to believe that the inmate is in possession of contraband and, for that purpose,

(a)  determine the categories of inmates who may be the subject of administrative segregation measures;

(b)  designate the employees or categories of employees who are authorized to impose administrative segregation measures and determine their powers;

(c)  determine the cases in which administrative segregation measures may be imposed, their duration and the conditions applicable to their implementation;

(d)  specify the rules of procedure for the imposition of administrative segregation measures, in particular as regards the rights of inmates;

(e)  prescribe a mechanism for the review of such a decision by the director of the correctional facility, determine its powers, establish the time frame for the review and provide for the inmate’s right to submit observations to the director;

(7)  determine, in addition to the responsibilities already provided for in this Act, the responsibilities of inmates;

(8)  determine the measures that a member of the personnel of a correctional facility must take on becoming aware of a breach of discipline, establish the rules of procedure and decision criteria to be used by discipline committees as well as the punishment they may impose, and determine the conditions applicable to the decision review mechanism;

(9)  establish standards respecting hygiene, health care, physical exercise, food, clothing and other articles that must be provided to inmates;

(10)  determine the classes of persons who may visit inmates or who are authorized to visit correctional facilities, and the rules applicable in such circumstances;

(11)  regulate the application of the provisions of this Act that relate to remission;

(12)  determine the measures that must be taken upon the release of inmates to meet their basic needs;

(13)  determine the content of the record transmitted to the director by a temporary absence examining board or, in the case of a review, the record transmitted by a director to the person designated by the Minister;

(14)  specify the terms and conditions applicable to the preparation and execution of an order imposing hours of community service;

(15)  fix criteria for the establishment of a program of activities and establish standards for its implementation;

(16)  establish standards respecting the remuneration and other conditions of employment of persons exercising functions under a program of activities;

(17)  establish the conditions subject to which a fund may financially assist an inmate;

(18)  fix the percentage of remuneration owed to an inmate to be paid into a fund, which may vary according to criteria the Government determines;

(19)  determine the rules applicable to the making of a contract by a fund concerning the carrying out of activities inside or outside a correctional facility;

(20)  determine the rules applicable to loans contracted by a fund to finance a program of activities;

(21)  determine the standards applicable to the management of the sums that make up a fund referred to in section 75 or 104 and determine the source of other sums that may make up such a fund;

(22)  establish the conditions subject to which the services, the personnel, the premises and the equipment of a correctional facility may be put at the disposal of a fund;

(23)  determine the rules applicable to the liquidation of a fund established in a correctional facility;

(24)  set the limits within which the Minister is to determine the contribution to be paid by each fund, which may vary according to criteria the Government determines;

(25)  determine the allowance an inmate in a correctional facility may receive out of the remuneration owed and the purchases and reimbursements the inmate may make;

(26)  determine, for the purposes of the second paragraph of section 78, the cases where an authorization may not be granted without taking into account the opinion of the person designated for that purpose;

(27)  determine the nature of the information the parole board is required to transmit to a person eligible for conditional release;

(28)  determine the regions for the purposes of section 120; and

(29)  establish rules of procedure for the application of Chapter IV of this Act.

In case of discrepancy between the rules of conduct established under subparagraph 2 of the first paragraph and the standards of ethics and discipline established under the Public Service Act (chapter F-3.1.1), the more demanding rules and principles apply.

2002, c. 24, s. 193; 2005, c. 44, s. 34.