S-40.1 - Act respecting the Québec correctional system

Section 32 Disposition versions

2007-02-05

32. An agreement under section 31 shall specify

(1)  where the agreement concerns the administration of a community correctional centre, its location and the provisions of this Act that apply to it, with the necessary modifications;

(2)  the nature and extent of the activities or services provided by the Minister and by the Native community or group of communities;

(3)  the number and, as appropriate, the categories of persons to be assigned to such activities or services;

(4)  the respective roles and responsibilities of the Minister and the Native community or group of communities;

(5)  the financial compensation paid to the Native community or group of communities by the Minister;

(6)  the nature of the information communicated by one party that is necessary to the exercise of the functions of the other party;

(7)  the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) that are to apply to the information so communicated, and the measures to be taken by each party to ensure that the information is used only for the purposes of its mandate and is not retained when the reason for which it was obtained no longer exists;

(8)  the periodic evaluation procedure to be used by the Minister;

(9)  the dispute resolution mechanism for the settlement of issues concerning the interpretation or implementation of the agreement;

(10)  reporting and accountability mechanisms to be used by the Native community or group of communities;

(11)  the obligation for the Native community or group of communities to provide reports or other information required by the Minister concerning the rehabilitation of the persons committed to its custody;

(12)  the obligation for the Native community or group of communities to cooperate in any investigation that may be requested by the Minister into an incident involving a person committed to its custody; and

(13)  the term of the agreement, which shall not exceed five years.

The persons in the employ of the Native community or the group of communities who are assigned to the implementation of the agreement are required to take the oath provided for in Schedule I.

An agreement between the Government and a Native community or group of communities may be terminated by either party on six months’ notice. In the absence of such notice, the agreement shall be renewed automatically for the same term.

2002, c. 24, s. 32.