Acts and Regulations

2011, c.137 - Custody and Detention of Young Persons Act

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Current to 1 January 2024
2011, c.137
Custody and Detention of Young Persons Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“medical treatment” includes(traitement médical)
(a) surgical and dental treatment,
(b) any procedure undertaken for the purpose of diagnosis,
(c) any procedure undertaken for the purpose of preventing any disease or ailment, and
(d) any procedure that is ancillary to any treatment as it applies to that treatment.
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“offence” means an offence created by an Act of the Legislature or Parliament or by any regulation or by-law made under such Act.(infraction)
“place of open custody” means a place or facility designated as a place of open custody under section 3 or a place or facility within a class of those designated places or facilities and includes a place of open custody designated under the Young Offenders Act (Canada) by the Lieutenant-Governor in Council.(lieu de garde en milieu ouvert)
“place of secure custody” means a place or facility designated as a place of secure custody under section 3 or a place or facility within a class of those designated places or facilities and includes(lieu de garde en milieu fermé)
(a) a place of secure custody designated under the Young Offenders Act (Canada) by the Lieutenant-Governor in Council, and
(b) a youth custody facility designated under the Youth Criminal Justice Act (Canada) by the Lieutenant-Governor in Council.
“place of temporary detention” means a place designated as a place of temporary detention under section 3 or a place within a class of those designated places and includes a place of temporary detention designated under the Youth Criminal Justice Act (Canada) by the Lieutenant-Governor in Council.(lieu de détention temporaire)
“program” means(programme)
(a) a pre-trial detention and supervision program,
(b) an open or secure custody program,
(c) a program for the administration and supervision of sentences, and
(d) any other related service or program.
“provincial director” means a provincial director as defined in subsection 2(1) of the Youth Criminal Justice Act (Canada).(directeur provincial)
“superintendent” means the person in charge of a place of secure custody and includes any person designated to act on the superintendent’s behalf.(directeur)
“young person” means a person who is or, in the absence of evidence to the contrary, appears to be 12 years of age or more, but less than 18 years of age and, if the context requires, includes any person who is charged with having committed an offence while he or she was a young person or who is found guilty of an offence while he or she was a young person. (adolescent)
“youth custodial facility” includes a place of open custody, a place of temporary detention and a place of secure custody.(établissement de détention pour adolescents)
1985, c.C-40, s.1; 1988, c.11, s.17; 2000, c.26, s.89; 2004, c.11, s.1; 2016, c.37, s.46; 2019, c.2, s.32; 2020, c.25, s.36; 2022, c.28, s.11
Declaration of special needs and guarantees respecting young persons
2It is recognized and declared that
(a) young persons who commit offences require supervision, discipline and control but, because of their state of dependency and level of development and maturity, they also have special needs and require guidance and assistance;
(b) young persons have rights and freedoms in their own right, including those stated in the Canadian Charter of Rights and Freedoms, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons should have special guarantees of their rights and freedoms; and
(c) within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should
(i) be meaningful for the individual young person given his or her needs and level of development and, when appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and
(ii) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements.
1985, c.C-40, s.2; 2004, c.11, s.2
Power of Lieutenant-Governor to designate places of open custody, secure custody and temporary detention
3(1)The Lieutenant-Governor in Council may designate places or facilities or classes of places or facilities as places of open custody.
3(2)The Lieutenant-Governor in Council may designate places or facilities or classes of places or facilities as places of secure custody.
3(3)The Lieutenant-Governor in Council may designate places or classes of places as places of temporary detention.
1985, c.C-40, s.3; 2004, c.11, s.3
Administration
4The Minister is responsible for the administration of this Act and the regulations and may designate one or more persons to act on the Minister’s behalf.
1985, c.C-40, s.4
Written authorization to act as designate of Minister
5(1)A document in writing purporting to be signed by the Minister authorizing a person to act as the Minister’s designate for the purposes of this Act or the regulations, or to do anything else under this Act or the regulations, shall be accepted by all courts in the Province as conclusive proof of the authority stated in the document without proof of the appointment, authority or signature of the Minister.
5(2)The person in possession of a written authorization referred to in subsection (1) shall be deemed to be the person named in the written authorization on proof that that person’s name is the same as the person named in the written authorization.
5(3)A written authorization issued by the Minister under subsection (1) shall be effective until revoked by the Minister.
1985, c.C-40, s.5
Power of Minister to act on behalf of young persons detained in custody
6The Minister may do any of the following for or on behalf of young persons detained in custody in a youth custodial facility:
(a) provide services and programs; and
(b) enter into contracts with persons for the provision of services and programs.
1985, c.C-40, s.6
Power of superintendent to appoint designates
7A superintendent may designate persons to act on the superintendent’s behalf.
1985, c.C-40, s.7
Designation of persons responsible for young persons committed to open custody
8The Minister may designate persons to be responsible for the supervision of young persons committed to open custody.
1985, c.C-40, s.8
Detention of young persons
9A young person shall not be detained in custody in a youth custodial facility unless the young person
(a) is being detained before the making of an order or the imposition of a sentence by a judge,
(b) is liable to imprisonment for default of payment of a fine,
(c) has been committed to custody or imprisonment by a sentence or order of a judge,
(d) has been remanded to custody by an order of the provincial director under section 45, 102 or 106 of the Youth Criminal Justice Act (Canada), or
(e) has been transferred from a place of open custody or a place of secure custody.
1985, c.C-40, s.9; 2004, c.11, s.4
Responsibilities of young persons in custody
10A young person who is detained in custody in a youth custodial facility
(a) is subject to the rules of conduct and discipline as set out in the regulations, and
(b) shall participate in the programs provided under this Act and the regulations.
1985, c.C-40, s.10
Hospitalization in psychiatric facility or hospital facility of young persons in custody
11(1)When a young person is moved to a psychiatric facility or hospital facility for examination or treatment, the young person is not discharged from custody and, during the time the young person is hospitalized, the young person shall be deemed to be in the custody of the person in charge of the youth custodial facility in which the young person was detained before hospitalization.
11(2)The time spent by a young person in a hospital facility or a psychiatric facility is reckoned the same as if the young person had spent that time in the youth custodial facility in which the young person was detained before hospitalization.
11(3)When the date for the discharge of a young person arises while the young person is hospitalized, the young person shall be discharged from custody on that date, and the person in charge of the youth custodial facility in which the young person was detained before hospitalization shall take the necessary steps to remove the young person from custody at that time.
11(4)Despite subsection (3), no young 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.
1985, c.C-40, s.11; 1992, c.52, s.7
Consent by Minister to treatment of person under the age of 16
12Despite the Medical Consent of Minors Act, the Minister may consent to medical treatment for a person who is detained in custody in a youth custodial facility if
(a) the person is under the age of 16 years and requires medical treatment, and
(b) the consent of the parent or guardian to medical treatment of that person is required by law and is refused or otherwise not obtainable.
1985, c.C-40, s.12
Declaration of emergency by superintendent
13The superintendent may declare a situation to be an emergency situation in the case of the occurrence of fire, riot or disturbance, shortage of staff, contagious disease or a natural disaster.
1985, c.C-40, s.13
Discharge of young persons from custody
14The superintendent or a person designated under section 8 shall discharge a young person from custody
(a) when a judge orders the discharge,
(b) when the term of the order or the custodial portion of the sentence made by a judge has expired, or
(c) when the term of imprisonment for which the young person was liable for default of payment of a fine has expired.
1985, c.C-40, s.14; 2004, c.11, s.5
Regulations
15(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the operation, maintenance, management and inspection of youth custodial facilities;
(b) respecting the conduct, training, discipline, control, search, security, grievances or privileges of young persons detained in custody in a youth custodial facility;
(c) respecting the establishment and operation of programs;
(d) respecting the procedure to be followed when an emergency situation is declared by the superintendent;
(e) respecting procedures for the admission of young persons to and their discharge from a youth custodial facility;
(f) respecting the maintenance of records pertaining to young persons detained in custody in a youth custodial facility;
(g) respecting the retention and disposal of property of young persons detained in custody in a youth custodial facility;
(h) providing for reintegration leave programs and establishing criteria for them;
(i) respecting the duties and powers of staff and volunteers in a youth custodial facility;
(j) providing for the assessment of young persons detained in custody in a youth custodial facility;
(k) respecting forms to be used under this Act and the regulations.
15(2)A regulation made under subsection (1) may be made retroactive to April 1, 2003, or to any date after April 1, 2003.
1985, c.C-40, s.15; 2004, c.11, s.6
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 10, 2022.