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Chapter	Title
84-257	General

1The following definitions apply in this Act.

“classification centre” means an institution established under section 16 for the study and diagnosis of persons under sentence to determine the type of institution and type of treatment most suitable to effect the rehabilitation of those persons. (centre de classement)

“community correctional service” includes (service correctionnel communautaire)

(a) a service or program provided in a community that would not endanger the safety of the community, that is rehabilitative, educational, developmental, preventative, protective, monitoring or supervisory in nature and that

(i) would assist or support the reformation, reconciliation and reintegration of inmates into their community, or

(ii) would promote a sense of responsibility in offenders and acknowledgement of the harm done to victims, to the community and to themselves and their own families, and

(b) any service or program prescribed by regulation.

“community correctional service provider” includes a person that provides a community correctional service. (fournisseur de services correctionnels communautaires)

“correctional institution” includes every reformatory, jail, lock-up, and other place approved by the Minister for the study, confinement and correction of persons committed to it. (établissement de correction)

“Director of Correctional Services” means the officer appointed under section 6. (directeur des services correctionnels)

“inmate” means a person sentenced to a term of imprisonment in or detained in a correctional institution. (détenu)

“judge” includes a judge of The Court of King’s Bench of New Brunswick or of the Provincial Court. (juge)

“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“offence” includes the breach or contravention of any Act of the Parliament of Canada or of the Legislature or of any regulation or by-law of a local government, when the breach or contravention may result in prosecution. (infraction)

“offender” includes an inmate, parolee, probationer or person subject to conditional sentence. (délinquant)

“probation officer” means a probation officer appointed for the purposes of this Act. (agent de probation)

“superintendent” means the person in charge of a correctional institution and includes any person designated to act on the superintendent’s behalf. (directeur)

R.S.1973, c.C-26, s.1; 1979, c.41, s.28; 1983, c.21, s.1; 1987, c.P-22.2, s.32; 1988, c.11, s.16; 1999, c.5, s.1; 2000, c.26, s.79; 2005, c.7, s.18; 2016, c.37, s.38; 2017, c.20, s.45; 2019, c.2, s.29; 2020, c.25, s.33; 2022, c.28, s.9; 2023, c.17, s.46

Administration

2The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

R.S.1973, c.C-26, s.2

Agreements respecting acquisition and exchange of services and programs

3The Minister may, with the approval of the Lieutenant-Governor in Council, enter into an agreement with the Government of Canada, the government of any other province or with any local government respecting the acquisition or exchange of a service or program, including

(a) the confinement, initial placement or transfer of inmates,

(b) any matter relating to the supervision and rehabilitation of offenders, and

(c) any matter involving the administration of a service or program under this Act.

1999, c.5, s.2; 2005, c.7, s.18; 2017, c.20, s.45

Agreements respecting community correctional services

4The Minister may enter into an agreement with a community correctional service provider respecting the acquisition, establishment, delivery and monitoring of a community correctional service.

1999, c.5, s.2

Review, audit, inquiry and recommendations

5(1)For the purpose of ensuring compliance with this Act and the regulations, the Minister may appoint any person to

(a) review, audit and make recommendations with respect to

(i) a community correctional service provider,

(ii) a community correctional service, or

(iii) any service or program provided within a correctional institution, and

(b) make an inquiry into any matter to which this Act applies as may be specified by the Minister.

5(2)A person appointed under subsection (1) is vested with all of the powers and privileges of a commissioner under the Inquiries Act for the purpose of an inquiry under paragraph (1)(b).

5(3)A community correctional service provider shall provide the person appointed under subsection (1) with all records, papers and other documents requested by the person appointed under subsection (1).

5(4)At the conclusion of the review, audit or inquiry, the person appointed under subsection (1) shall report the results of the review, audit or inquiry to the Minister.

1999, c.5, s.2

Director of Correctional Services

6The Minister may appoint a person as Director of Correctional Services and may define the duties of the Director of Correctional Services.

R.S.1973, c.C-26, s.3; 1983, c.21, s.2; 1999, c.5, s.3

Designation by superintendent

7A superintendent may designate a person to act on the superintendent’s behalf.

1983, c.21, s.3

Probation officer, powers of peace officer

8Every probation officer has the powers of a peace officer in the performance of the duties required under this Act.

R.S.1973, c.C-26, s.4

Probation officer, investigation of persons found guilty of an offence

9The Chief Probation Officer or any probation officer may conduct an investigation into any pertinent matters respecting a person found guilty of an offence for which that person is required to appear before a judge presiding over a court of competent jurisdiction.

R.S.1973, c.C-26, s.5; 1990, c.22, s.8

Purpose of investigation

10Despite section 9, no investigation is to be conducted by the Chief Probation Officer or a probation officer to determine the guilt or the innocence of a person and the only purpose of the investigation is to assess that person’s personal qualities and any other resources in order to determine what is the most effective treatment for the rehabilitation of the offender and for the good of the community.

R.S.1973, c.C-26, s.6

Report of probation officer

11(1)Subject to section 10, after finding a person guilty of an offence but before imposing sentence, a judge may request the Chief Probation Officer or a probation officer to conduct an investigation, and to submit a report concerning a person found guilty of an offence.

11(2)On receiving a request, the Chief Probation Officer or the probation officer shall conduct the investigation and submit to the judge a written report.

R.S.1973, c.C-26, s.7; 1990, c.22, s.8

Statement of probation officer regarding meaning and intent of report

12When a report is entered as an exhibit, the judge shall provide an opportunity for the Chief Probation Officer or probation officer to make a statement before sentence regarding the meaning and intent of the report.

R.S.1973, c.C-26, s.8

Probation of convicted person

13If as a result of an investigation the Chief Probation Officer or the probation officer recommends to the court that the person to whom the report relates be placed on probation, the Chief Probation Officer or probation officer is to receive on probation and supervise that person if the court places that person under the Chief Probation Officer’s or the probation officer’s supervision.

R.S.1973, c.C-26, s.9; 1990, c.22, s.8

Supervision and guidance of convicted person

14When a court has suspended the sentence of a person and placed that person under the care of the Chief Probation Officer, for the purpose of giving effect to sections 662 to 667 of the Criminal Code (Canada), the Chief Probation Officer or any other probation officer designated by the Chief Probation Officer may exercise supervision over and provide guidance and any other help for that person.

R.S.1973, c.C-26, s.10

Correctional institution

15Every correctional institution is a lawful place for the confinement and treatment of persons being detained for trial or under sentence.

R.S.1973, c.C-26, s.11

Classification centres

16The Lieutenant-Governor in Council may provide for the establishment of one or more classification centres.

R.S.1973, c.C-26, s.12

Designation of correctional institution

17The Director of Correctional Services or any person designated by the Director of Correctional Services for the purpose may designate a correctional institution to which a person sentenced to imprisonment for less than two years is to be committed.

R.S.1973, c.C-26, s.13; 1983, c.21, s.4

Powers of Director of Correctional Services respecting confinement

18(1)In order to provide for adequate segregation and appropriate treatment, the Director of Correctional Services may order that an inmate be transferred from the correctional institution in which the inmate is confined to any other correctional institution named in the order.

18(2)A copy of the order accompanied by the documents authorizing the person’s detention in the correctional institution from which the person is being transferred is authority to superintendents of correctional institutions, sheriffs, deputy sheriffs or other peace officers to act in conformity with the order and to deliver over and to receive the person named in the order.

R.S.1973, c.C-26, s.14; 1983, c.21, s.5; 1985, c.4, s.16

Classification of correctional institution

19Despite section 18, the Minister may designate the classification of offender for which each correctional institution is to be used.

R.S.1973, c.C-26, s.15

Confinement in hospital facility or psychiatric facility

20(1)If a medical practitioner recommends the hospitalization of a person confined in a correctional institution, the Minister may order that person moved to a hospital facility for treatment.

20(2)If a medical practitioner issues an examination certificate in respect of a person confined in a correctional institution, the Minister may order that person moved to a psychiatric facility designated under the Mental Health Act.

20(3)If a person has been moved to a hospital facility under this section, the Minister, on the advice of a medical practitioner, may order that person returned to the correctional institution in which that person was confined before hospitalization.

20(4)If a person has been moved to a psychiatric facility under this section, the Minister, on the advice of a psychiatrist, may order that person returned to the correctional institution in which that person was confined before hospitalization.

20(5)An order made under this section does not discharge the person from custody and during the time that person is hospitalized that person is deemed to be in the custody of the superintendent of the correctional institution in which that person was confined before hospitalization.

20(6)The time spent by a person in a hospital facility or psychiatric facility under this section is reckoned the same as if that person had spent that time in the correctional institution.

20(7)When the date for the discharge of a person from a correctional institution arises while that person is hospitalized under this section, that person shall be discharged from custody on that date and the superintendent of the correctional institution in which that person was confined before hospitalization shall take the necessary steps to remove that person from custody at that time.

20(8)Despite subsection (7), no person who is hospitalized in a psychiatric facility shall be discharged from that psychiatric facility except in accordance with the provisions of the Mental Health Act.

R.S.1973, c.C-26, s.16; 1983, c.21, s.6; 1989, c.23, s.20; 1992, c.52, s.6

Allowance and expenses

21The Lieutenant-Governor in Council may provide an allowance for an inmate and on his or her release may provide him or her with transportation to his or her home or the home of his or her parents or guardians, a suitable outfit of clothing and a sum of money to assist him or her in becoming re-established.

R.S.1973, c.C-26, s.17; 1983, c.21, s.7

Rehabilitation

22An objective of confinement in a correctional institution is to assist in the rehabilitation of inmates.

R.S.1973, c.C-26, s.18; 2009, c.5, s.1

Remission of sentence

23A person sentenced to a correctional institution may earn a remission of a portion of the time of sentence and shall be liable to forfeiture of the remission as provided in the Prisons and Reformatories Act (Canada).

R.S.1973, c.C-26, s.19

Limits of correctional institution

24The Lieutenant-Governor in Council may designate or alter the limits of a correctional institution.

R.S.1973, c.C-26, s.20

Expenses to maintain inmate

25(1)A portion of the expenses for the maintenance of an inmate who is imprisoned under the authority of any civil process shall be paid in advance by the person who requests that an individual be detained under civil process in the manner and amount prescribed by regulation.

25(2)A portion of the expenses for the maintenance of an inmate who is employed under a release program shall be paid by the inmate in the manner and amount prescribed by regulation.

R.S.1973, c.C-26, s.21; 1983, c.21, s.8

If advance payment not maintained

26If payment in advance is not maintained under subsection 25(1), the superintendent may release the inmate from custody.

R.S.1973, c.C-26, s.22; 1983, c.21, s.9

Refund of unused portion of payment

27On the release of an inmate imprisoned under the authority of a civil process, the plaintiff shall be reimbursed any unused portion of the payments made for the maintenance of the released inmate.

R.S.1973, c.C-26, s.23; 1983, c.21, s.10

Cost of imprisonment, costs in the cause

28Any costs incurred by a plaintiff under section 25 are costs in the cause.

R.S.1973, c.C-26, s.24

Custodial authority over inmates

29Every officer and employee working under the authority of this Act, regardless of the classification of his or her employment, shall exercise custodial authority over and is to be a lawful guardian of inmates.

R.S.1973, c.C-26, s.25; 1983, c.21, s.11

Places that are portion of correctional institution

30Every street, highway or public thoroughfare of any kind along which or across which inmates pass in going to or returning from their work, and every place where they are engaged in work, is, while so used, a portion of the correctional institution to which the inmates are confined.

R.S.1973, c.C-26, s.26; 1983, c.21, s.12

Superintendent and other officers, peace officers

31Every superintendent or other officer of a correctional institution is constituted a peace officer for the purpose of assisting in the enforcement of law and order within the institution, its precincts and environs.

R.S.1973, c.C-26, s.27; 1983, c.21, s.13; 1990, c.22, s.8

Detention before conveyance to penitentiary

32A person sentenced to imprisonment in a penitentiary may be detained in a correctional institution until the proper officer requires the delivery to him or her of that person for conveyance to the penitentiary.

R.S.1973, c.C-26, s.28

Time for discharge

33When the time of an inmate’s sentence expires on a Sunday or statutory holiday, the inmate is to be discharged on the previous day, unless the inmate desires to remain in the correctional institution until the day following.

R.S.1973, c.C-26, s.30; 1983, c.21, s.14

Immunity

34When the superintendent or other officer of a correctional institution has done nothing more than obey the process or order, and has acted without malice, no action is to be maintained against the superintendent or other officer for having taken, detained in custody, imprisoned or discharged from custody any person under the process of a court or order of a judge, despite that the process or order is adjudged invalid, void or voidable, or is set aside.

R.S.1973, c.C-26, s.31; 1983, c.21, s.15

Regulations

35The Lieutenant-Governor in Council may make regulations

(a) respecting the operation, management, inspection and designation of correctional institutions;

(b) respecting the operation, management and inspection of probation, sentencing alternative and other community programs;

(c) respecting the treatment, training, employment, discipline, control, search, security, grievances and privileges of inmates;

(d) respecting the maintenance of records pertaining to inmates;

(e) respecting the retention and disposal of property of inmates;

(f) respecting the granting of temporary absences to inmates, including respecting

(i) the designation of the person or persons who may grant, refuse to grant or otherwise deal with temporary absences,

(ii) the procedures for applying for, for rendering decisions respecting and for otherwise dealing with temporary absences,

(iii) the criteria for rendering decisions respecting or otherwise dealing with temporary absences,

(iv) the authorization of a person or persons referred to in subparagraph (i) to impose, vary or remove conditions respecting temporary absences, which may vary in relation to each inmate,

(v) the suspension, revocation, reinstatement or renewal of temporary absences,

(vi) the grieving of a decision concerning a temporary absence,

(vii) the recommittal of a person granted a temporary absence,

(viii) the issuance of a warrant concerning, or the apprehension of, a person granted a temporary absence, and

(ix) any other matter or thing respecting temporary absences;

(g) respecting forms for the purposes of this Act or the regulations;

(h) respecting the duties and powers of staff and volunteers working in correctional institutions;

(i) providing for the assessment of inmates;

(j) prescribing the amount and manner of the payment of expenses for the maintenance of inmates;

(k) generally for the better administration of this Act.

R.S.1973, c.C-26, s.32; 1983, c.21, s.16; 1995, c.17, s.11

N.B. This Act was proclaimed and came into force September 1, 2011.

N.B. This Act is consolidated to June 16, 2023.

2011, c.132 - Corrections Act

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