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1In this Act

“classification centre” means an institution established under section 12 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 thereto;(établissement de correction)

“Director of Correctional Services” means the officer appointed under section 3;(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 Queen’s Bench of New Brunswick or of the Provincial Court;(juge)

“Minister” means the Minister of Public Safety and includes a 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 municipality or rural community, 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 a person designated to act on his behalf.(directeur)

1966, c.4, s.1; 1969, 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

Administration

2The Minister shall administer this Act and may designate persons to act on his behalf.

1969, c.26, s.2

Agreements respecting acquisition and exchange of services and programs

2.1The 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 municipality or rural community 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 the Act.

1999, c.5, s.2; 2005, c.7, s.18

Agreements respecting community correction services

2.2The 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, audits, inquiry and recommendations

2.3(1)For the purpose of ensuring compliance with the Act and 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 the Act applies as may be specified by the Minister.

2.3(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).

2.3(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).

2.3(4)The person appointed under subsection (1) shall at the conclusion of the review, audit or inquiry report the results of the review, audit or inquiry to the Minister.

1999, c.5, s.2

Director of Correctional Services

3The Minister may appoint a person as Director of Correctional Services and may define the duties of the Director of Correctional Services.

1966, c.4, s.2; 1983, c.21, s.2; 1999, c.5, s.3

Superintendent

3.1A superintendent may designate a person to act on his behalf.

1983, c.21, s.3

Probation officer, powers of peace officer

4Every probation officer has the powers of a peace officer in the performance of the duties required under this Act.

1966, c.4, s.3

Probation officers, investigation of persons found guilty of an offence

5The Chief Probation Officer or any probation officer may conduct an investigation into any pertinent matters respecting any person found guilty of an offence for which he is required to appear before a judge presiding over a court of competent jurisdiction.

1966, c.4, s.4; 1990, c.22, s.8

Investigation of convicted persons

6Notwithstanding section 5, no investigation is to be conducted by the Chief Probation Officer or a probation officer to determine the guilt or the innocence of any 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.

1966, c.4, s.5

Report of probation officer on request of judge

7(1)Subject to section 6, 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 any person found guilty of an offence.

7(2)Upon receiving such request the Chief Probation Officer or the probation officer shall conduct the investigation and submit to the judge a written report.

1966, c.4, s.6; 1990, c.22, s.8

Report of probation officer, interpretation of

8Where 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.

1966, c.4, s.7

Probation of convicted person

9If 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.

1966, c.4, s.8; 1990, c.22, s.8

Supervision and guidance of convicted person

10Where a court has suspended the sentence of any person and placed him under the care of the Chief Probation Officer, for the purpose of giving effect to sections 662 to 667, inclusive, of the Criminal Code, chapter C-34 of the Revised Statutes of Canada 1970, the Chief Probation Officer or any other probation officer designated by him may exercise supervision over and provide guidance and any other help for that person.

1966, c.4, s.9

Correctional institution

11Every correctional institution is a lawful place for the confinement and treatment of persons being detained for trial or under sentence.

1966, c.4, s.10

Classification centres

12The Lieutenant-Governor in Council may provide for the establishment of one or more classification centres.

1966, c.4, s.11

Director of Correctional Services, designation of correctional institution

13The Director of Correctional Services or any person designated by him for the purpose may designate a correctional institution to which a person sentenced to imprisonment for less than two years is to be committed.

1966, c.4, s.12; 1983, c.21, s.4

Director of Correctional Services, powers respecting confinement

14(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.

14(2)A copy of such order accompanied by the documents authorizing his detention in the correctional institution from which he is being transferred is authority to superintendents of correctional institutions, sheriffs, deputy sheriffs or other peace officers to act in conformity therewith and to deliver over and to receive the person named therein.

1966, c.4, s.13; 1983, c.21, s.5; 1985, c.4, s.16

Correctional institution, classification of

15Notwithstanding section 14, the Minister may designate the classification of offender for which each correctional institution is to be used.

1966, c.4, s.14

Hospital facility or psychiatric facility, confinement in

16(1)Where 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.

16(1.1)Where 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.

16(2)Where 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 he was confined prior to hospitalization.

16(2.1)Where 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 the person was confined prior to hospitalization.

16(3)An order made under this section does not discharge the person from custody and during the time he is hospitalized he is deemed to be in the custody of the superintendent of the correctional institution in which he was confined prior to hospitalization.

16(4)The time spent by a person in a hospital facility or psychiatric facility under this section is reckoned the same as if he had spent that time in the correctional institution.

16(5)Where the date for the discharge of a person from a correctional institution arises while that person is hospitalized under this section, he shall be discharged from custody on that date and the superintendent of the correctional institution in which he was confined prior to hospitalization shall take the necessary steps to remove that person from custody at that time.

16(6)Notwithstanding subsection (5), 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.

1969, c.26, s.3; 1989, c.23, s.20; 1989, c.23, s.20; 1992, c.52, s.6

Allowance and expenses

17The Lieutenant-Governor in Council may provide an allowance for an inmate and upon his release may provide him with transportation to his home or the home of his parents or guardians, a suitable outfit of clothing and a sum of money to assist him in becoming re-established.

1966, c.4, s.15; 1983, c.21, s.7

Rehabilitation of inmate

18An objective of confinement in a correctional institution is to assist in the rehabilitation of inmates.

1966, c.4, s.16; 2009, c.5, s.1

Remission of sentence

19Each 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 such remission as provided in the Prisons and Reformatories Act, chapter P-21 of the Revised Statutes of Canada, 1970.

1966, c.4, s.17

Physical limits of correctional institution

20The Lieutenant-Governor in Council may designate or alter the limits of any correctional institution.

1966, c.4, s.18

Expenses to maintain inmate imprisoned by civil process or employed under a release program

21(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.

21(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.

1966, c.4, s.19; 1969, c.26, s.4; 1983, c.21, s.8

Imprisonment by civil process, advance payment for

22Where payment in advance is not maintained pursuant to subsection 21(1), the superintendant may release the inmate from custody.

1966, c.4, s.20; 1983, c.21, s.9

Refund of cost of imprisonment

23Upon the release of an inmate imprisoned under authority of any civil process, the plaintiff shall be reimbursed any unused portion of the payments made for the maintenance of the inmate so released.

1966, c.4, s.21; 1983, c.21, s.10

Cost of imprisonment, costs in the cause

24Any costs incurred by a plaintiff under section 21 are costs in the cause.

1966, c.4, s.22

Custodial authority over detained persons

25Every officer and employee working under the authority of this Act, regardless of the classification of his employment, shall exercise custodial authority over and is to be a lawful guardian of inmates.

1966, c.4, s.23; 1983, c.21, s.11

Limits of correctional institution

26Every 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.

1966, c.4, s.24; 1983, c.21, s.12

Power of arrest

27Every superintendent or other officer of a correctional institution is hereby constituted a peace officer for the purpose of assisting in the enforcement of law and order within the institution, its precincts and environs.

1966, c.4, s.25; 1983, c.21, s.13; 1990, c.22, s.8

Penitentiary

28Any person sentenced to imprisonment in a penitentiary may be detained in any correctional institution until the proper officer requires the delivery to him of such person for conveyance to the penitentiary.

1966, c.4, s.26

Repealed

29Repealed: 1990, c.22, s.8

1966, c.4, s.27; 1990, c.22, s.8

Time for discharge

30Where the time of any inmate’s sentence expires on a Sunday or statutory holiday, such inmate is to be discharged on the previous day, unless the inmate desires to remain in the correctional institution until the day following.

1966, c.4, s.28; 1983, c.21, s.14

Liability of officers

31Where the superintendent or other officer of any correctional institution has done nothing more than obey the process or order, and has acted without malice, no action is to be maintained against him for having taken, detained in custody, imprisoned or discharged from custody any person under the process of a court or order of a judge, notwithstanding that such process or order is adjudged invalid, void or voidable, or is set aside.

1966, c.4, s.29; 1983, c.21, s.15

Regulations

32The 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;

(f.1) respecting forms for the purposes of this Act or the regulations;

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

(h) providing for the assessment of inmates;

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

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

1966, c.4, s.30; 1983, c.21, s.16; 1995, c.17, s.11

N.B. This Act is consolidated to September 1, 2011.

C-26 - Corrections Act

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