S-4.01 - Act respecting correctional services

Section 23 Disposition versions

1998-06-17

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.

1998-04-01

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 for community work 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.

1992-06-15

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 be heard and 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 be heard by 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 for community work 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.

1988-09-28

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;

(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 form and 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 for community work 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.

1985-11-27

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;

(e)  subject to section 17, establish classes of inmates and prescribe standards for keeping them separate 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 inmates;

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

(i)  determine the conditions under which persons detained in houses of detention may be employed in useful work;

(j)  prescribe the measures to be taken to facilitate access by inmates to technical or occupational training;

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

(l)  determine the measures to be taken, when inmates 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)  determine the rules of management of a programme of remunerated activities and the functions and powers of the warden of a house of detention in relation with the implementation of such a programme including the organization of work within a house of detention, the mode of remuneration and the labour standards applicable;

(o)  fix the rules governing the establishment and management of a fund for the benefit of detained persons;

(p)  fix the percentage of the remuneration owed to a person detained in a house of detention that a warden may withhold to be paid into a fund established for the benefit of detained persons;

(q)  fix the rules for the establishment or dissolution of a committee contemplated in section 19.5 and determine the number and the mode of appointment of its members, as well as the respective functions and powers of the committee and of the warden of a house of detention with regard to the management of a programme of remunerated activities or of a fund for the benefit of detained persons;

(r)  determine the allowance that a person detained in a house of detention may receive out of the remuneration owed to him and the purchases or reimbursements that he may make;

(s)  determine the form and 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 for community work 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.

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.

1979-05-09

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;

(e)  subject to section 17, establish classes of inmates and prescribe standards for keeping them separate 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 inmates;

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

(i)  determine the conditions under which persons detained in houses of detention may be employed in useful work;

(j)  prescribe the measures to be taken to facilitate access by inmates to technical or occupational training;

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

(l)  determine the measures to be taken, when inmates 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)  determine the rules of management of a programme of remunerated activities and the functions and powers of the warden of a house of detention in relation with the implementation of such a programme including the organization of work within a house of detention, the mode of remuneration and the labour standards applicable;

(o)  fix the rules governing the establishment and management of a fund for the benefit of detained persons;

(p)  fix the percentage of the remuneration owed to a person detained in a house of detention that a warden may withhold to be paid into a fund established for the benefit of detained persons;

(q)  fix the rules for the establishment or dissolution of a committee contemplated in section 19.5 and determine the number and the mode of appointment of its members, as well as the respective functions and powers of the committee and of the warden of a house of detention with regard to the management of a programme of remunerated activities or of a fund for the benefit of detained persons;

(r)  determine the allowance that a person detained in a house of detention may receive out of the remuneration owed to him and the purchases or reimbursements that he may make;

(s)  determine the form and 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.

1969, c. 21, s. 23; 1978, c. 21, s. 2; 1978, c. 18, s. 16; 1978, c. 22, s. 56.

1978-12-22

23. In addition to the other regulatory powers assigned to it by this act, the Gouvernement, 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;

(e)  subject to section 17, establish classes of inmates and prescribe standards for keeping them separate 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 inmates;

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

(i)  determine the conditions under which persons detained in houses of detention may be employed in useful work;

(j)  prescribe the measures to be taken to facilitate access by inmates to technical or occupational training;

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

(l)  determine the measures to be taken, when inmates 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)  determine the rules of management of a programme of remunerated activities and the functions and powers of the warden of a house of detention in relation with the implementation of such a programme including the organization of work within a house of detention, the mode of remuneration and the labour standards applicable;

(o)  fix the rules governing the establishment and management of a fund for the benefit of detained persons;

(p)  fix the percentage of the remuneration owed to a person detained in a house of detention that a warden may withhold to be paid into a fund established for the benefit of detained persons;

(q)  fix the rules for the establishment or dissolution of a committee contemplated in section 19.5 and determine the number and the mode of appointment of its members, as well as the respective functions and powers of the committee and of the warden of a house of detention with regard to the management of a programme of remunerated activities or of a fund for the benefit of detained persons;

(r)  determine the allowance that a person detained in a house of detention may receive out of the remuneration owed to him and the purchases or reimbursements that he may make.

1969, c. 21, s. 23; 1978, c. 21, s. 2; 1978, c. 18, s. 16.

1978-06-08

23. In addition to the other regulatory powers assigned to it by this act, the Gouvernement, 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;

(e)  subject to section 17, establish classes of inmates and prescribe standards for keeping them separate from one another;

(f)  regulate discipline in houses of detention and the means of restraint or punishment to which the warden may subject refractory inmates;

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

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

(i)  determine the conditions under which persons detained in houses of detention may be employed in useful work;

(j)  prescribe the measures to be taken to facilitate access by inmates to technical or occupational training;

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

(l)  determine the measures to be taken, when inmates 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)  determine the rules of management of a programme of remunerated activities and the functions and powers of the warden of a house of detention in relation with the implementation of such a programme including the organization of work within a house of detention, the mode of remuneration and the labour standards applicable;

(o)  fix the rules governing the establishment and management of a fund for the benefit of detained persons;

(p)  fix the percentage of the remuneration owed to a person detained in a house of detention that a warden may withhold to be paid into a fund established for the benefit of detained persons;

(q)  fix the rules for the establishment or dissolution of a committee contemplated in section 19.5 and determine the number and the mode of appointment of its members, as well as the respective functions and powers of the committee and of the warden of a house of detention with regard to the management of a programme of remunerated activities or of a fund for the benefit of detained persons;

(r)  determine the allowance that a person detained in a house of detention may receive out of the remuneration owed to him and the purchases or reimbursements that he may make.

1969, c. 21, s. 23; 1978, c. 21, s. 2.

1977-12-31

23. In addition to the other regulatory powers assigned to it by this act, the Gouvernement, 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;

(e)  subject to section 17, establish classes of inmates and prescribe standards for keeping them separate from one another;

(f)  regulate discipline in houses of detention and the means of restraint or punishment to which the warden may subject refractory inmates;

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

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

(i)  determine the conditions under which persons detained in houses of detention may be employed in useful work;

(j)  prescribe the measures to be taken to facilitate access by inmates to technical or occupational training;

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

(l)  determine the measures to be taken, when inmates 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.

1969, c. 21, s. 23.