S-40.1 - Act respecting the Québec correctional system

Section 49 Disposition versions

2022-06-08

49. The facility director may, at all times, authorize the temporary absence of an offender for humanitarian purposes where requested in writing by the offender, for one of the following reasons:

(1)  the birth, baptism or marriage of his or her child;

(2)  the serious illness, death or funeral of his or her spouse, or his or her child, father, mother, or one of his or her parents, his or her brother or sister or a person who stood in lieu of his or her father or mother or parent;

(3)  the offender’s obligation to care for a sick spouse, or his or her child, father, mother, or one of his or her parents, his or her brother or sister or a person who stood in lieu of his or her father or mother or parent, where no other relative can do so;

(4)  the necessity to provide support or assistance to his or her spouse, or his or her child, father, mother, or one of his or her parents, or a person who stood in lieu of his or her father or mother or parent where, failing such support or assistance, serious prejudice would be caused to any of those persons;

(5)  a personal obligation within a judicial or administrative process where the very nature of the obligation precludes a mandatary duly designated for that purpose from acting, or where failure to perform or undertake the acts or proceedings could cause serious prejudice to a third person.

2002, c. 24, s. 49; 2022, c. 22, s. 280.

2007-02-05

49. The facility director may, at all times, authorize the temporary absence of an offender for humanitarian purposes where requested in writing by the offender, for one of the following reasons:

(1)  the birth, baptism or marriage of his or her child;

(2)  the serious illness, death or funeral of his or her spouse, or his or her child, father, mother, brother or sister or a person who stood in lieu of his or her father or mother;

(3)  the offender’s obligation to care for a sick spouse, or his or her child, father, mother, brother or sister or a person who stood in lieu of his or her father or mother, where no other relative can do so;

(4)  the necessity to provide support or assistance to his or her spouse, or his or her child, father, mother or a person who stood in lieu of his or her father or mother where, failing such support or assistance, serious prejudice would be caused to any of those persons;

(5)  a personal obligation within a judicial or administrative process where the very nature of the obligation precludes a mandatary duly designated for that purpose from acting, or where failure to perform or undertake the acts or proceedings could cause serious prejudice to a third person.

2002, c. 24, s. 49.