Corrections Act
Consolidated act- Citation
- S.N.W.T. 2019, c.17
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.42 amended by An Act to Amend the Corrections Act
- s.43 amended by An Act to Amend the Corrections Act
- s.56 amended by Miscellaneous Statute Law Amendment Act, 2020
- s.63 amended by Miscellaneous Statute Law Amendment Act, 2020
- s.66 amended by R.S.N.W.T. 1988, c.C-22, is repealed
- s.1 Mental Health Act
- s.1 Public Service Act
- s.13 Access to Information and Protection of Privacy Act
- s.15 Public Service Act
- s.34 Human Rights Act
- s.36 Mental Health Act
- s.48 Prisons and Reformatories Act (Canada)
- s.51 Employment Standards Act
- s.51 Public Service Act
- s.52 Prisons and Reformatories Act (Canada)
- s.53 Financial Administration Act
- s.54 Motor Vehicles Act
- s.64 Employment Standards Act
- s.65 Public Service Act
- Corrections Regulations, s.3 → #sec_5
- Corrections Regulations, s.3 → #sec_5
- Corrections Regulations, s.7 → #sec_5__subsec_2__para_b
- Corrections Regulations, s.10 → #sec_31__subsec_1
- Corrections Regulations, s.17 → #sec_22__subsec_4
- Corrections Regulations, s.18 → #sec_24__subsec_2
- Corrections Regulations, s.18 → #sec_24__subsec_2
- Corrections Regulations, s.19 → #sec_36__subsec_1__para_b
- Corrections Regulations, s.20 → #sec_36
- Corrections Regulations, s.21 → #sec_30__subsec_3
- Corrections Regulations, s.22 → #sec_38__subsec_6
- Corrections Regulations, s.22 → #sec_39__subsec_4
- Corrections Regulations, s.23 → #sec_60__subsec_3
- Corrections Regulations, s.24 → #sec_40__subsec_2
- Corrections Regulations, s.24 → #sec_40__subsec_2
- Corrections Regulations, s.24 → #sec_40__subsec_2
- Corrections Regulations, s.26 → #sec_42__subsec_6
- Corrections Regulations, s.26 → #sec_42__subsec_5
- Corrections Regulations, s.27 → #sec_42__subsec_6
- Corrections Regulations, s.27 → #sec_42__subsec_8
- Corrections Regulations, s.28 → #sec_51
- Corrections Regulations, s.28 → #sec_42
- Corrections Regulations, s.28 → #sec_43
- Corrections Regulations, s.31 → #sec_42__subsec_18
- Corrections Regulations, s.32 → #sec_22
- Corrections Regulations, s.32 → #sec_51
- Corrections Regulations, s.36 → #sec_59
- Corrections Regulations, s.37 → #sec_63
- Education Act, s.4
- Elections and Plebiscites Act, s.55.1 → #sec_1
- Occupational Health and Safety Regulations, s.471 → #sec_1
- Workers' Compensation Act, s.4
- Youth Justice Act, s.1 → #sec_1
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"adjudicator" means an adjudicator appointed under subsection 44(1); (arbitre)
"Assistant Deputy Minister" means the Assistant Deputy Minister, Solicitor General; (sous-ministre adjoint)
"authorized person" means
(a) the Person in Charge or his or her deputy or delegate,
(b) a staff member delegated by the Person in Charge or the Director of Corrections to exercise powers and perform duties and functions under this Act, or
(c) a member of a class of persons appointed by the Person in Charge or the Director of Corrections to exercise powers and perform duties under this Act; (personne autorisée)
"community advisory board" means a community advisory board established under section 6; (comité consultatif communautaire)
"contraband" means any of the following, if possessed without prior authorization from an authorized person:
(a) any substance, including alcohol or any other drug,
(b) a weapon, component of or ammunition for a weapon, or anything that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling,
(c) an explosive or bomb, or component of an explosive or bomb,
(d) any currency,
(e) tobacco, cannabis or other leaves, or any products produced from tobacco, cannabis or other leaves in any form or for any use,
(f) any other object or substance that is prescribed to be contraband,
(g) any other object or substance that an authorized person considers may threaten the management or operation of, or discipline, security or safety of persons in a correctional centre; (objet interdit)
"correctional centre" means a place of lawful confinement in the Northwest Territories, such as a jail, prison, lockup, place of imprisonment, camp or correctional institution, and any land connected with it; (centre correctionnel)
"Director of Corrections" means the Director of Corrections appointed under paragraph 4(1)(a); (directeur du Service correctionnel)
"Director of Investigations and Standards" means the Director of Investigations and Standards appointed under paragraph 4(1)(b); (directeur des enquêtes et des normes)
"health professional" means a health professional as defined in subsection 1(1) of the Mental Health Act; (professionnel de la santé)
"Indigenous peoples" means aboriginal peoples of Canada as defined in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones)
"inmate" includes
(a) an offender serving a sentence at a correctional centre,
(b) a person remanded to a correctional centre, and
(c) a person lawfully detained at a correctional centre; (détenu)
"Investigations and Standards Office" means the Investigations and Standards Office established by the Minister under subsection 14(1); (bureau des enquêtes et des normes)
"offender" means a person who is sentenced to imprisonment, serving a conditional sentence or placed on probation; (contrevenant)
"Person in Charge" means a Person in Charge of a correctional centre appointed under subsection 17(1); (responsable)
"public service" means the public service as defined in subsection 1(1) of the Public Service Act; (fonction publique) "separate confinement" means holding an inmate apart from other inmates, but does not include disciplinary segregation as defined in subsection 42(1); (détention séparée)
"staff member"
(a) includes
(i) the Director of Corrections and the Director of Investigations and Standards,
(ii) probation officers, correctional officers and other officers appointed under paragraph 4(1)(c), and
(iii) employees of the Department of Justice who exercise powers and perform duties under this Act, but
(b) does not include
(i) volunteers, or
(ii) persons engaged to provide services or agents or employees of those persons. (membre du personnel)
Purpose of correctional system
2.The purpose of the Northwest Territories correctional system is to contribute to the maintenance of a just, peaceful and safe society by
(a) carrying out sentences imposed by courts;
(b) providing for the safe, secure and humane custody and supervision of inmates and offenders; and
(c) assisting the rehabilitation of inmates and offenders and their reintegration into the community with a view to enabling them to satisfactorily adjust to community living.
Principles guiding the Corrections Service
3.The following principles guide the Corrections Service in achieving the purpose described in section 2:
(a) protect the public, hold inmates and offenders responsible and accountable, and promote the healing and rehabilitation of inmates and offenders and their reintegration into the community;
(b) ensure inmates are provided with a healthy, safe, secure and humane living environment;
(c) ensure that the policies, programs and practices developed or used under this Act are respectful of the dignity of individuals and take into account age, gender, cultures and abilities of inmates and offenders, wherever appropriate, including being responsive to the particular needs of women and other individuals with special requirements;
(d) ensure that members of the Corrections Service conduct themselves lawfully, ethically and professionally;
(e) ensure that staff members are given
(i) training opportunities wherever possible, including training respecting the cultural heritage and history of the Indigenous peoples of the Northwest Territories,
(ii) working conditions that encourage integrity and personal accountability,
(iii) opportunities to effectively work with inmates and offenders, and
(iv) opportunities to participate in the development of corrections policies and programs;
(f) ensure that any restrictive measures imposed on a person under this Act are the minimum necessary for the protection of the public and other persons;
(g) ensure that disciplinary and corrective measures or other restrictive measures imposed on inmates under this Act are applied in accordance with the law and respect procedural fairness;
(h) encourage opportunities by departments and public agencies of the Government of the Northwest Territories, other governments including governments of Indigenous peoples, organizations and members of the public, to assist with the healing, rehabilitation of inmates and offenders and their reintegration into the community.
ADMINISTRATION
Minister
Public officers
4.(1) The Minister may appoint members of the public service as
(a) the Director of Corrections;
(b) the Director of Investigations and Standards; and
(c) probation officers and such other officers as are necessary.
(2) The Minister may engage such other employees in the public service as is necessary for the administration of this Act.
(3) Subject to subsection (4), persons appointed or engaged to exercise powers or perform duties under this Act are peace officers and have the powers and protections provided to peace officers under the Criminal Code and the common law.
(4) Subsection (3) does not apply to
(a) the Director of Investigations and Standards or an employee of the Investigations and Standards Office;
(b) members of community advisory boards referred to in section 7;
(c) probation officers except under paragraph 18(1)(e);
(d) volunteers referred to in section 19; or
(e) prescribed persons or classes of persons.
Agreements with Indigenous peoples
5.(1) The Minister, Deputy Minister, Assistant Deputy Minister or a person on the written authority of the Minister, Deputy Minister or Assistant Deputy Minister may, subject to the regulations and on behalf of the Government of the Northwest Territories, enter into an agreement with Indigenous peoples of the Northwest Territories, or the council of a band under the Indian Act (Canada), or a society, corporation or other entity controlled in whole or in part by Indigenous peoples of the Northwest Territories,
(a) respecting the provision of any correctional service provided or to be provided under this Act, or a program established or to be established under this Act, or the provision of a service relating to corrections or offenders that is provided or required under an Act of Parliament;
(b) for the lease of property for use, or for the right to use any property, in the administration of this Act; or
(c) for any other purpose appropriate to the administration of this Act.
(2) The Minister, Deputy Minister, Assistant Deputy Minister, the Director of Corrections or a person on the written authority of the Minister may, subject to the regulations and on behalf of the Government of the Northwest Territories, make agreements with the Government of Canada, the government of any province or territory, or any other person
(a) respecting the provision of any correctional service provided or to be provided under this Act or a program established or to be established under this Act or the provision of a service relating to corrections or offenders that is provided or required under an Act of Parliament;
(b) respecting the transfer of inmates between a correctional centre and a penitentiary or institution for the custody of offenders in another province or territory;
(c) for the lease of property for use, or for the right to use any property, in the administration of this Act; or
(d) for any other purpose appropriate to the administration of this Act.
(3) Nothing in this section affects the obligations of the Government of the Northwest Territories or Indigenous peoples of the Northwest Territories under a self-government agreement.
Community Advisory Boards
Establishment
6.The Minister may, subject to the regulations, establish community advisory boards to review and make recommendations in respect of
(a) the administration of this Act and the regulations, other than in respect of establishment matters, personnel matters or discipline matters for specific inmates; and
(b) any program established or to be established or service to be provided under this Act or the regulations.
Members
7.(1) The Minister shall appoint not more than five members to each community advisory board for a term not exceeding three years.
(2) At least two members of a community advisory board must be Indigenous peoples of the Northwest Territories.
(3) Subject to subsection (2), the Minister shall make best efforts to ensure that the membership of each community advisory board is representative of the population of the Northwest Territories.
(4) Subject to the regulations, members of a community advisory board must be
(a) paid honorariums; and
(b) reimbursed for reasonable expenses incurred in the exercise of powers and in the performance of duties of the community advisory board.
Procedures
8.(1) A community advisory board may, subject to the approval of the Director of Corrections, determine its own procedures for the conduct of meetings and other matters necessary for its orderly functioning.
(2) A community advisory board may, subject to the approval of the Director of Corrections, engage one or more persons having special, technical or other knowledge to assist the board in carrying out its functions.
Access to correctional centre
9.(1) Members of a community advisory board must be granted access to a correctional centre on reasonable notice to the Person in Charge.
(2) Any access granted under subsection (1) is subject to terms and conditions considered appropriate by the Person in Charge.
Reports
10.(1) A community advisory board may make recommendations to the Director of Corrections.
(2) The Director of Corrections shall respond within 120 days in writing to recommendations made under subsection (1), and shall indicate any action proposed to be taken as a result of the recommendations.
(3) A community advisory board may request periodic updates from the Director of Corrections regarding the implementation of any recommendations made under subsection (1).
(4) The Director of Corrections shall respond to a request under subsection (3) within 60 days.
Director of Corrections
Powers and duties
11.The Director of Corrections shall, subject to the regulations,
(a) coordinate and encourage activities and community corrections programs referred to in section 21;
(b) develop and offer programs and services described in section 22;
(c) supervise all Persons in Charge; and
(d) exercise or perform any other powers or duties as required by the Minister under this Act.
Code of professional conduct
12.(1) The Director of Corrections shall adopt a code of professional conduct for all staff members.
(2) Persons appointed or engaged under this Act shall follow any applicable code of professional conduct adopted under subsection (1).
Program respecting rights of victims
13.(1) The Director of Corrections shall, subject to the regulations, establish, administer and maintain a program respecting the rights of victims.
(2) The Director of Corrections shall, subject to subsection (3) and on the request of the victim of an offence for which an offender has been found guilty and imprisoned, disclose the following information about the offender to the victim or to the victim’s designated representative:
(a) location of the correctional centre of imprisonment;
(b) length of sentence;
(c) any changes to sentence;
(d) any temporary absences;
(e) details about any transfer of the offender from the correctional centre;
(f) details about the offender escaping or otherwise being unlawfully at large and any subsequent apprehension;
(g) release date from custody;
(h) the community where the offender is to be released;
(i) any other information that may be disclosed in accordance with the regulations.
(3) A disclosure of information under subsection (2) may be made for any purpose, if the Director of Corrections concludes that
(a) the victim’s interest in disclosure outweighs any invasion of privacy that could result from the disclosure; and
(b) disclosure would benefit the victim.
(4) If a provision of this section is inconsistent with or in conflict with a provision of the Access to Information and Protection of Privacy Act, the provision of this section prevails to the extent of the conflict.
(5) The Minister may establish other programs that employ the principles of restorative justice, including victim-offender mediation programs.
Investigations and Standards Office
Establishment
14.(1) The Minister shall establish the Investigations and Standards Office.
(2) The Investigations and Standards Office is responsible for
(a) investigating matters respecting the administration of the Act;
(b) conducting periodic inspections of correctional centres;
(c) establishing and running a system for the review of disciplinary measures imposed on inmates by authorized persons, subject to the regulations; and
(d) handling complaints made by inmates and persons on probation, conditional sentences or judicial interim release.
Director of Investigations and Standards
Powers and duties
15.(1) The Director of Investigations and Standards
(a) may delegate in writing one or more of the Director’s powers and duties to an employee of the Investigations and Standards Office; and
(b) shall manage and administer the Investigations and Standards Office.
(2) A person to whom a power or duty is delegated under paragraph (1)(a) may not delegate that power or duty to another person.
(3) The Director of Investigations and Standards and the employees of the Investigations and Standards office are excluded from the bargaining unit as defined in subsection 41(1) of the Public Service Act.
(4) The Director of Investigations and Standards or another person designated by the Minister shall, subject to the regulations, conduct such inspections of a correctional centre as the Minister considers appropriate in the circumstances.
(5) The Director of Investigations and Standards or the person conducting an inspection may, at any time,
(a) enter a correctional centre; and
(b) access any part of the centre.
(6) Every person at a correctional centre shall
(a) provide all reasonable assistance to a person conducting an inspection under this section; and
(b) provide the person conducting an inspection under this section with the information the person reasonably requires for that purpose.
(7) The Director of Investigations and Standards or the person conducting an inspection may examine anything or any record, except an inmate’s medical records, in the correctional centre.
(8) The Director of Investigations and Standards or the person conducting an inspection shall report any findings in writing to the Assistant Deputy Minister.
(9) The Assistant Deputy Minister shall respond in writing within 90 days to findings reported under subsection (8) and indicate any proposed action to be taken as a result of the findings.
Power to compel
16.(1) For the purposes of an investigation under paragraph 14(2)(a), the Director of Investigations and Standards may make an order requiring a person to do any of the following:
(a) attend before the Director, in person or by electronic means, to answer questions on oath or affirmation;
(b) produce for the Director a record or anything in the person’s possession or control.
(2) The Director of Investigations and Standards may apply to the Supreme Court for an order directing a person to comply with an order made under subsection (1).
(3) If a person refuses to obey an order issued under subsection (2), the Director of Investigations and Standards may apply to the Supreme Court for a declaration that the person is in contempt of the Supreme Court.
Persons in Charge
Person in Charge
17.(1) The Director of Corrections shall appoint a Person in Charge of each correctional centre.
(2) A Person in Charge
(a) is the Person in Charge of only the correctional centre for which he or she is appointed;
(b) reports to the Director of Corrections or his or her delegate; and
(c) has such powers and duties as may be prescribed, including in respect of disciplinary measures under section 42 and alternative measures for inmate discipline under section 43.
(3) If an inmate is unable to participate in programs or work under this Act or requires special accommodation due to illness, disability or injury, the Person in Charge shall make all reasonable efforts to accommodate the circumstances of the inmate.
Probation Officers
Powers and duties
18.(1) A probation officer
(a) is a probation officer for all of the Northwest Territories;
(b) is an officer of every court in the Northwest Territories;
(c) shall prepare reports for the court as the court may order;
(d) has the power to procure and report information for the court in respect of a person convicted by the courts;
(e) is subject to the directions of the Person in Charge, where the probation officer is working at a correctional centre;
(f) shall assist in programming and post-release planning to support the community reintegration of offenders who will be supervised by probation officers in the community on release;
(g) shall provide offenders in the community with correctional intervention and rehabilitative programming, with a view to assisting them to make a satisfactory adjustment to community living; and
(h) has such additional powers and duties as may be prescribed.
(2) A probation officer shall, subject to the regulations, ensure the supervision of
(a) persons placed on probation by a court;
(b) persons subject to conditional sentences imposed by a court; and
(c) persons who have been granted judicial interim release.
(3) A probation officer may exercise the powers of an authorized person set out in subsection 24(2) in respect of a person under the officer’s supervision.
(4) If a probation officer exercises the powers of an authorized person respecting biological sampling under subsection 24(2), the officer shall perform the duties set out in subsection 24(3).
(5) A probation officer charged with the supervision of a person on whom the passing of sentence has been suspended, or who is subject to a probation order or a conditional sentence, may report to the court, a prosecutor or a peace officer if the person fails to carry out the terms
(a) on which the passing of sentence has been suspended;
(b) of the probation order;
(c) of the conditional sentence; or
(d) of the judicial interim release.
Volunteers
Appointment
19.(1) The Director of Corrections may appoint volunteers to provide or assist in the provision of correctional services for inmates and offenders in accordance with this Act.
(2) The Director of Corrections shall determine the screening, qualifications and training required of volunteers.
(3) Subject to the regulations, a volunteer must be reimbursed for reasonable expenses incurred in the exercise of powers and in the performance of duties under this Act.
Parole Board of Canada
Parole Board of Canada
20.The Parole Board of Canada is authorized to exercise in the Northwest Territories the jurisdiction described in subsection 108(2) of the Corrections and Conditional Release Act (Canada).
PROGRAMS AND SERVICES
Community Reintegration
Definition: "community reintegration"
21.(1) In this section, "community reintegration" means the assistance made available to persons discharged from custody, on parole or on probation.
(2) Community reintegration is an integral goal of the Corrections Service.
(3) Community reintegration must be administered with the objectives of
(a) assisting an offender to make a satisfactory adjustment to living in a community; and
(b) preventing and reducing offending behaviour.
(4) The Director of Corrections shall coordinate and encourage the interrelated activities of correctional centres and community corrections programs that are concerned with offenders at all stages of their sentences.
(5) The Person in Charge shall, whenever practical, notify probation officers and with the offender’s consent, other persons, of the plans for the release of an offender into a community and plans for community reintegration.
Programs and Services
Definitions
22.(1) In this section,
"general program" includes any program for educational, preventative, developmental or similar activities that would assist or support an inmate’s development or reintegration into their community, but does not include a rehabilitation program; (programme général)
"rehabilitation program" means an evidence-based program designed to address underlying criminogenic factors. (programme de réadaptation)
(2) The Director of Corrections shall
(a) develop and offer general programs and rehabilitation programs and other services; and
(b) provide inmates and offenders with the opportunity to participate in those programs and services.
(3) Programs and services developed and offered under this section may be operated
(a) within a correctional centre;
(b) in a community; or
(c) on the land.
(4) An offender shall, subject to the regulations, participate in programs and services, including work programs, as directed by the Person in Charge.
(5) Rehabilitation programs must encourage offenders to develop an awareness of the consequences of their behaviour and a sense of accountability so that they may be healed, rehabilitated and reintegrated into the community.
(6) For greater certainty, the Person in Charge shall ensure that an inmate who is not sentenced to imprisonment gives his or her consent before being assigned to a rehabilitation program.
(7) Programs and services under this Act must
(a) reflect the needs of the culture of inmates and offenders who are Indigenous peoples;
(b) take into account the literacy or disability of inmates and offenders;
(c) take into account the diversity and needs of inmates and offenders, including the needs of groups over-represented in correctional centres;
(d) provide for the needs of inmates and offenders by gender; and
(e) provide for the needs of other classes of inmates and offenders identified by the Director of Corrections.
(8) A Person in Charge shall, subject to the regulations, make the services of an Indigenous elder or spiritual advisor available to inmates.
(9) An Indigenous elder or spiritual advisor under subsection (8) shall support the healing and reconciliation of inmates and share traditional knowledge and culture with inmates to encourage their healing, rehabilitation and reintegration into the community.
(10) The Director of Corrections shall ensure that inmates, offenders and persons on judicial interim release have access to translation services.
Community- based programs
23.The Director of Corrections shall ensure that offenders have adequate information regarding existing programs and services offered by community-based resources to support their rehabilitation and facilitate their reintegration into the community.
Biological Sampling
Definition: "biological sample"
24.(1) In this section, "biological sample" means a sample of urine, breath or any other prescribed bodily fluid or substance.
(2) An authorized person may, subject to the regulations, demand that
(a) an inmate provide a biological sample from the inmate’s body if the authorized person
(i) has reasonable grounds to believe that the inmate has consumed or used contraband alcohol, cannabis or drugs, and
(ii) requires the sample to confirm the consumption or use of contraband alcohol, cannabis or drugs; or
(b) an inmate, offender or person under a temporary absence, work program, voluntary treatment program, probation, judicial interim release or conditional release, provide a biological sample if abstention from contraband alcohol or drugs is a condition of the temporary absence, work program, voluntary treatment program, probation, judicial interim release or conditional release, and
(i) the sample is required to monitor compliance with that condition, or
(ii) the authorized person has reasonable grounds to believe that the inmate, offender or person granted judicial interim release has breached the condition.
(3) An authorized person who makes a demand under this section shall
(a) first inform the inmate, offender or person granted judicial interim release of the basis of the demand and the consequences of failure to comply with the demand; and
(b) carry out the demand in accordance with the regulations.
(4) An inmate, offender or person granted interim judicial release who is required to provide a biological sample under this section shall comply with the demand.
CORRECTIONS
Correctional Centres
Establishment
25.The Commissioner in Executive Council may, by order and as it considers necessary, establish, continue or discontinue correctional centres.
Correctional centre includes places used by inmates
26.A street, highway or other place, public or private, that an inmate may use in going to or returning from work, duty or other attendance or temporary absence authorized under section 47 or 48, and every place where an inmate may be under those sections, is, while so used by an inmate, a portion of a correctional centre for the purposes of this Act, except for the purposes of subsection 60(4).
Duties of Person in Charge
27.A Person in Charge shall, subject to the regulations, ensure the
(a) safe, secure and efficient operation and management of the correctional centre;
(b) custody of inmates until final release or transfer to another centre;
(c) well-being of the inmates in the centre;
(d) reasonable accommodation of inmates, taking into account their gender;
(e) operation of programs established under sections 22 and 51; and
(f) application of this Act, the regulations and any rules made under section 29.
Living Conditions and Standards
Living conditions and standards
28.(1) The Person in Charge shall ensure that inmates are provided with the following minimum living conditions and standards:
(a) regular meals of the type ordinarily served to inmates;
(b) a daily exercise period of at least one hour, in the open air if weather and security conditions allow;
(c) clothing, a mattress and bedding;
(d) reasonable access to mail and telephone;
(e) postage for
(i) all privileged communications made by the inmate using mail, and
(ii) up to seven letters each week for other communications made by an inmate using mail;
(f) access to reading materials;
(g) access to personal visits;
(h) access to health care services;
(i) access to personal washing or showering facilities at least once each day;
(j) access to articles of toiletry necessary for the inmate’ s health and cleanliness;
(k) any other living conditions and standards that may be prescribed.
(2) With the exception of those living conditions and standards described in paragraphs (1)(a) and (h), subsection (1) does not apply if the Person in Charge decides to limit the provision of those other living conditions and standards as is reasonable and necessary for the protection of security and the safety of persons at the correctional centre.
(3) If the Person in Charge decides to limit the provision of living conditions and standards under subsection (2), he or she shall
(a) prepare written reasons for the decision; and
(b) provide those reasons to the inmate as soon as is reasonably possible.
(4) Every inmate has the right to assemble peacefully and associate with others within the correctional centre, subject to such limits as are reasonable and necessary for the protection of security and the safety of persons at the correctional centre.
(5) Every inmate has the right to freely and openly participate in religious and spiritual programs and expressions within the correctional centre, subject to such limits as are reasonable and necessary for the protection of security and the safety of persons at the correctional centre.
(6) Female inmates must be
(a) housed in separate living units from male inmates; and
(b) provided cells that are not in use by male inmates.
(7) Inmates must be
(a) provided with all necessary prenatal and post natal care;
(b) provided with the opportunity to give birth in a medical or birthing facility outside of the correctional centre if necessary for the inmate’s health; and
(c) given access to articles of feminine hygiene that are reasonable and necessary for the inmate’s health and cleanliness notwithstanding subsection (2).
Rules and Information for Inmates
Rules
29.(1) A Person in Charge shall, subject to the regulations and with the approval of the Director of Corrections, make rules respecting
(a) the conduct of inmates;
(b) the activities of inmates; and
(c) other matters necessary or advisable for the maintenance of order in, and the good management of, the correctional centre.
(2) The Person in Charge shall ensure that an inmate, on his or her admittance to the correctional centre, is
(a) provided with a copy of the rules, in writing or by some other means to ensure that the inmate understands the rules; and
(b) provided with information about the following, in writing or by some other means to ensure that the inmate understands the information:
(i) the rights and privileges of inmates,
(ii) the making of complaints by inmates,
(iii) discipline,
(iv) programs and services,
(v) any other matters reasonably necessary to enable the inmate to adapt to the operation of the correctional centre.
(3) Inmates shall comply with rules made under this section.
(4) Section 42 applies if an inmate fails to comply with a rule made under this section.
Use of Force
Reasonable force
30.(1) An authorized person may, subject to the regulations and where no other alternatives are reasonably available, use a reasonable degree and means of force on an inmate to
(a) prevent injury or death;
(b) prevent property damage;
(c) prevent an inmate from escaping;
(d) maintain custody and control of an inmate; or
(e) maintain order within a correctional centre.
(2) No authorized person shall
(a) use force in a circumstance other than described in subsection (1);
(b) use force unnecessarily on inmates; and
(c) use more force than is reasonably necessary.
(3) The Director of Corrections may approve a device that may be used to physically restrain inmates.
(4) A device that is approved by the Director of Corrections under subsection (3) may only be used in prescribed circumstances and in accordance with prescribed procedures.
(5) An authorized person who uses force against an inmate shall use only a degree of force that is reasonable and that is not excessive, having regard to the nature of the threat posed and all other circumstances of the incident.
(6) If an authorized person uses force in prescribed circumstances against an inmate, the authorized person shall
(a) file, subject to subsection (7) and without delay, a written report to the Person in Charge that
(i) indicates the nature of the threat posed by the inmate,
(ii) provides relevant details of the incident, and
(iii) includes any other information that is required by the regulations; and
(b) comply with any other requirements that may be prescribed.
(7) If the authorized person under subsection (6) is a Person in Charge, the Person in Charge shall, without delay, file the written report referred to in paragraph (6)(a) with the Director of Corrections.
(8) No device may be used to physically restrain an inmate
(a) if a prescribed health care practitioner considers that the use of such a device during labour or delivery would compromise the health of the inmate or baby; or
(b) for 48 hours or such other longer period of time after delivery as may be recommended by a prescribed health care practitioner who considers that the use of such a device within that period of time would compromise the health of the inmate or baby.
(9) Subsection (8) does not apply if there is imminent risk of harm or serious injury to any person, including the baby.
Security Classifications
Assessment and assignment on admission
31.(1) When admitting an inmate to a correctional centre the Person in Charge shall, subject to the regulations,
(a) assess the inmate using an approved security classification process for the purposes of determining the level of security required for the inmate and his or her appropriate placement within the correctional centre; and
(b) assign a security classification to the inmate.
(2) A Person in Charge shall ensure that each security classification assigned to an inmate is reviewed in accordance with the regulations.
Enhanced Supervision Program
Enhanced supervision program
32.(1) In order to ensure the safety, security and order of a correctional centre, the Director of Corrections may, subject to the regulations, establish an enhanced supervision program for the purposes of determining the level of security, program and area limitations, access restrictions and other conditions of confinement required for an inmate.
(2) An authorized person may, subject to the regulations, assign an inmate to an enhanced supervision program.
(3) An inmate shall comply with the requirements of an enhanced supervision program to which he or she is assigned.
(4) An authorized person may, subject to the regulations, assign an inmate within an enhanced supervision program to a specific level of security, access restrictions and other conditions of confinement.
(5) An authorized person who assigns an inmate to an enhanced supervision program under subsection (2) or who assigns a specific level of security, access restrictions and other conditions of confinement under subsection (4), shall
(a) provide the inmate with a notice of the assignment, including reasons for the assignment; and
(b) give the inmate an opportunity to make representations, should he or she decide to contest the assignment.
(6) The authorized person shall, after considering any representations made by the inmate under paragraph (5)(b),
(a) confirm, quash or vary the assignment; and
(b) provide the inmate with the decision, with reasons.
(7) An inmate may, subject to the regulations, appeal a decision by an authorized person under this section to the Director of Corrections.
Assessment of Offender
Assessment and plan
33.(1) The Person in Charge shall, as soon as is practicable after an offender has entered the correctional centre, make an assessment of the offender and a plan for the offender that takes into account
(a) the length of the offender’s sentence;
(b) the offender’s judicial status; and
(c) the nature of the offence.
(2) An assessment made under this section must assess the offender’s correctional needs and identify the appropriate programs to meet those needs
(a) to support the offender in developing accountability and being rehabilitated, healed and reintegrated into the community; and
(b) to prevent and reduce offending behaviour.
Inmate Communication
Definitions
34.(1) In this section,
"inmate communication" means any communication made or intended to be made by oral, written, electronic or prescribed means between an inmate and another person, including another inmate; (communication d’un détenu)
"monitor" means, in respect of inmate communication,
(a) to listen to inmate communication made by electronic means or to an inmate communication that was made by electronic means and recorded, or
(b) to read inmate communication delivered to the correctional centre or sent from within the centre; (surveiller)
"privileged communication" means any inmate communication between an inmate and
(a) the Minister,
(b) the Deputy Minister or the Assistant Deputy Minister,
(c) the Director of Corrections or Director of Investigations and Standards,
(d) the Person in Charge,
(e) a member of Parliament or a member of the Legislative Assembly,
(f) the Ombud or staff of the Ombud, a member or staff of the Human Rights Commission, or a member of the Human Rights Adjudication Panel appointed under the Human Rights Act,
(g) an officer as defined in the Immigration and Refugee Protection Act (Canada), if the inmate is detained or subject to a warrant for arrest and detention under that Act,
(h) the inmate’s lawyer, or
(i) other persons of a prescribed class. (communication privilégiée)
(2) An authorized person may, in accordance with this section and the regulations, restrict, intercept, monitor or record inmate communication that is not a privileged communication.
(3) An authorized person may, without individualized suspicion, intercept, examine or record inmate communication.
(4) An authorized person may, in accordance with this section and the regulations, restrict, intercept or monitor inmate communication if any of the following apply:
(a) the authorized person has reasonable grounds to believe that the inmate is
(i) involved in illegal activities,
(ii) harassing or causing harm to others, or
(iii) participating in an activity that may jeopardize the safety, security or operation of a correctional centre;
(b) a court order restricts or prohibits communication or contact between the inmate and another person;
(c) a person has informed the authorized person that the person does not wish to communicate with the inmate;
(d) the monitoring is necessary to maintain or repair any recording system, and is performed only for the length of time and to the extent necessary to effect the maintenance or repair.
(5) If inmate communication is restricted under this section, an authorized person shall inform the inmate in writing, as soon as is practicable, and give the reasons under subsection (4) for the restriction.
Disclosure of origin
35.An authorized person may, subject to the regulations, disclose that an inmate communication originates from a correctional centre.
Separate Confinement
Separate confinement
36.(1) A Person in Charge may, subject to the regulations, require that an inmate be held in separate confinement, if the Person in Charge
(a) believes on reasonable grounds that the inmate
(i) is endangering or is likely to endanger himself or herself or another person,
(ii) is jeopardizing or is likely to jeopardize the management, operation or security of the correctional centre, or
(iii) must be held in separate confinement for a medical reason;
(b) has requested an examination of the inmate under the Mental Health Act; or
(c) believes on reasonable grounds that the inmate has contraband concealed on his or her person.
(2) Inmates held in separate confinement retain all the living conditions and standards of inmates under section 28, except those that
(a) can only be enjoyed in association with other inmates; and
(b) cannot be enjoyed due to the application of subsection 28(2).
(3) Inmates held in separate confinement must be given access to all programs and services, individually or as a group, adapted to the circumstances only as is reasonable and necessary for the protection of security and the safety of persons at the correctional centre.
(4) An inmate who is held in separate confinement under this section must not be confined in a cell for more than 20 hours in a 24-hour period, unless required for the protection of security and the safety of persons at the correctional centre.
(5) Where the Person in Charge requires that an inmate be held in separate confinement under subsection (1), the Person in Charge shall, within 24 hours after making the requirement,
(a) give the inmate written reasons for the requirement for separate confinement; and
(b) direct that the inmate be examined by a health professional within three days after the confinement, if the Person in Charge has reasonable grounds to believe that the inmate may have a mental health condition that would benefit from a treatment plan.
(6) An inmate may be held in separate confinement for a period not exceeding 96 hours, and for greater certainty, subsection (4) still applies.
(7) An inmate may be held in separate confinement for a period exceeding 96 hours only if an adjudicator has reviewed a requirement by the Person in Charge for such a confinement and has confirmed the requirement or varied it to a period exceeding 96 hours under section 45.
(8) If an inmate is held in separate confinement for a period exceeding 96 hours under subsection (7), the Person in Charge shall forward to the adjudicator a request for a review of the requirement under section 45.
(9) The Person in Charge may, at any time, terminate a requirement that an inmate be held in separate confinement if the Person in Charge considers that such termination is conducive to the inmate’s healing, rehabilitation and community reintegration, and that any risk to any person at the correctional centre is minimal.
(10) An inmate may, subject to the regulations, appeal a requirement that he or she be held in separate confinement to the Director of Corrections.
(11) For greater certainty, subsection (4) continues to apply where a period of separate confinement under this section exceeds 24 hours.
Search of Inmates
Mandatory search
37.(1) On admission, entry or return of an inmate to a correctional centre, an authorized person shall conduct a search of the inmate and of any personal possessions, including clothing, that the inmate may be carrying or wearing.
(2) For the purpose of detecting contraband, an authorized person may, subject to the regulations and without individualized suspicion, conduct periodic searches of
(a) an inmate and any personal possessions, including clothing, that the inmate may be carrying or wearing; and
(b) the inmate’s cell and its contents.
(3) If an authorized person believes on reasonable grounds that an inmate may be in possession of contraband or evidence relating to an offence under this Act, the authorized person may, in accordance with the regulations, conduct a search of any of the following:
(a) the inmate and any personal possessions, including clothing, that the inmate may be carrying or wearing;
(b) the inmate’s cell and its contents.
(4) A search under this section may include a strip search conducted in accordance with the regulations.
(5) An authorized person who conducts a strip search under this section must be of the same gender as the inmate, unless the Person in Charge believes, on reasonable grounds, that any delay necessary in order to comply with this requirement would result in danger to human life or safety.
(6) A strip search conducted under this section must be conducted in a place and manner that
(a) respects the dignity of the inmate; and
(b) does not subject the inmate to embarrassment or humiliation.
Search of Visitors
Definition: "contact visit"
38.(1) In this section, "contact visit" means a visit of an inmate, where there is no physical barrier between the inmate and visitor and physical contact is possible.
(2) Subject to subsection (3), an authorized person may, for security or safety purposes and without individualized suspicion, conduct routine searches of visitors entering or leaving or within the correctional centre, and of any personal possessions, including clothing, that the visitors may be carrying or wearing.
(3) If a visitor refuses to undergo a search under subsection (2), the authorized person may
(a) prohibit a contact visit with an inmate and authorize a non-contact visit; or
(b) request that the visitor leave the correctional centre immediately.
(4) A visitor shall comply with any request made under paragraph (3)(b).
(5) If an authorized person believes on reasonable grounds that a visitor is carrying contraband or is in possession of evidence relating to an offence under this Act,
(a) the authorized person may conduct, with the visitor’s consent, a search of the visitor and any personal possessions, including clothing, that the visitor may be wearing or carrying, in order to find the contraband or evidence; or
(b) the Person in Charge may authorize the detention of the visitor in order to obtain the services of the police.
(6) With the visitor’s consent, a search under paragraph (5)(a) may include a strip search conducted in accordance with the regulations.
(7) If contraband or evidence relating to an offence under this Act is found in a search made under this section, the Person in Charge may authorize the further detention of the visitor in order to obtain the services of the police.
(8) A person detained under this section must be
(a) informed promptly of the reasons for the detention and of the right to retain and instruct counsel; and
(b) given a reasonable opportunity to retain and instruct counsel.
(9) An authorized person who conducts a strip search under this section must be of the same gender as the visitor.
(10) A strip search conducted under this section must be conducted in a place and manner that
(a) respects the dignity of the visitor; and
(b) does not subject the visitor to embarrassment or humiliation.
Search of Staff Members
Search of staff members
39.(1) An authorized person may, without individualized suspicion, conduct
(a) routine searches, authorized for security or safety purposes by the Person in Charge, of staff members entering, leaving or in the correctional centre, and of any personal possessions, including clothing, that staff members may be carrying or wearing; and
(b) random searches, authorized for security or safety purposes by the Person in Charge, of the lockers of staff members.
(2) A staff member shall not impede or obstruct an authorized person conducting a search under subsection (1).
(3) If an authorized person believes on reasonable grounds that a staff member is carrying contraband or is in possession of evidence relating to an offence under this Act,
(a) the authorized person may, with the staff member’s consent, conduct a search of the staff member, the staff member’s locker in the correctional centre, and any personal possessions, including clothing, that the staff member may be wearing or carrying, in order to find the contraband or evidence; or
(b) the Person in Charge may authorize the detention of the staff member in order to obtain the services of the police.
(4) With the staff member’s consent, a search under paragraph (3)(a) may include a strip search conducted in accordance with the regulations.
(5) If contraband or evidence relating to an offence under this Act is found in a search made under this section, the Person in Charge may authorize the further detention of the staff member in order to obtain the services of the police.
(6) A staff member detained under this section must be
(a) informed promptly of the reasons for the detention and of the right to retain and instruct counsel; and
(b) given a reasonable opportunity to retain and instruct counsel.
(7) An authorized person who conducts a strip search under this section must be of the same gender as the staff member.
(8) A strip search conducted under this section must be conducted in a place and manner that
(a) respects the dignity of the staff member; and
(b) does not subject the staff member to embarrassment or humiliation.
Inspection or Search of Vehicle
Inspection
40.(1) An authorized person may without individualized suspicion, stop and conduct routine inspections of vehicles that are on the property of the correctional centre.
(2) If an authorized person believes on reasonable grounds that a vehicle entering, leaving or on the property of a correctional centre has been used, is about to be used or is being used in the commission of an offence under this Act, the authorized person may stop and conduct a search of the vehicle and its contents in accordance with the regulations.
Seizures
Authority
41.(1) A staff member may seize an object or substance if he or she believes on reasonable grounds that the object or substance is contraband or evidence relating to an offence under this Act.
(2) As soon as is practicable after an object or substance is seized under subsection (1), the staff member shall
(a) make a record describing the seizure of the object or substance and the circumstances of the seizure; and
(b) deposit the object or substance in a secure place at the correctional centre.
(3) The Person in Charge shall return an object or substance seized under subsection (1) to its owner if
(a) it is in the custody or control of the Person in Charge;
(b) it is not contraband or evidence relating to an offence under this Act; and
(c) there is no dispute as to who owns it.
(4) If there is a dispute as to ownership of an item seized under subsection (1), the Person in Charge may refer the matter to the Director of Investigations and Standards for review and recommendations to the Person in Charge.
(5) If an object or substance seized from an inmate under subsection (1) is contraband but its possession outside the correctional centre would be lawful, the Person in Charge may direct that
(a) the object or substance be kept in a secure place at the centre and returned to the inmate on release from custody;
(b) the inmate be given 30 days to make arrangements for the disposal or safekeeping of the object or substance outside the centre; or
(c) the object or substance be disposed of if
(i) it is of a perishable nature and subject to spoilage,
(ii) its custody involves unreasonable expense or inconvenience, or
(iii) it is dangerous to life, health or property.
(6) An object or substance seized under subsection (1) is forfeited to the Government of Northwest Territories, in accordance with the regulations, if
(a) within 30 days after being notified of its seizure the owner has not requested its return;
(b) the owner cannot be located and three months have passed since the seizure;
(c) the object or substance is determined to be contraband in a hearing before the Person in Charge; or
(d) in the case of an owner who is an inmate,
(i) possession of the object or substance would constitute possession of contraband, and
(ii) the inmate has not arranged for the disposal or safekeeping of the object or substance outside the centre within 30 days after being given the opportunity to do so in accordance with paragraph (5)(b).
Disciplinary or Corrective Measures
Definition: "disciplinary segregation"
42.(1) In this section, "disciplinary segregation" means the separation of an inmate from the general population of the correctional centre as a disciplinary or corrective measure imposed on the inmate, and does not mean separate confinement.
(2) The objectives of inmate disciplinary or corrective measures include
(a) the maintenance of law;
(b) the protection, personal safety and security of inmates, staff members and other persons at correctional centres;
(c) the maintenance of security at correctional centres;
(d) the promotion of the orderly operation and effective delivery of programs and services at correctional centres; and
(e) the protection of personal property and the property of correctional centres.
(3) A staff member shall not administer, instigate, or allow cruel, inhumane or degrading treatment or punishment of an inmate.
(4) For greater certainty, no staff member shall
(a) apply an instrument of restraint to an inmate as a disciplinary or corrective measure;
(b) impose restrictions on food, water or the provision of health care as a punishment for an inmate; or
(c) impose conditions on an inmate that constitute disciplinary segregation except in accordance with this Act.
(5) A staff member shall take reasonable steps, to the extent possible, to informally address inmate misconduct before imposing discipline or corrective measures in accordance with this Act.
(6) A staff member who alleges that an inmate has contravened the rules of a correctional centre made under section 29 or any other prescribed inmate rules of conduct shall, subject to the regulations, file a written report with the Person in Charge in respect of the alleged contravention.
(7) On receiving a written report under subsection (6) the Person in Charge may, subject to the regulations, convene a disciplinary hearing in respect of the inmate and the alleged contravention.
(8) If the Person in Charge intends to convene a disciplinary hearing under subsection (7), he or she shall, subject to the regulations and as soon as is possible, give the inmate notice of that intention, setting out
(a) the rule the inmate is alleged to have contravened;
(b) the circumstances of the alleged contravention;
(c) the right of the inmate to retain a lawyer; and
(d) the proposed date and time of the disciplinary hearing.
(9) An adjudicator shall, subject to the regulations, conduct a disciplinary hearing and make a determination of the guilt of the inmate in respect of the alleged contravention.
(10) An adjudicator shall, before imposing any disciplinary or corrective measure, take into consideration how an inmate's mental health or developmental disability may have contributed to his or her conduct.
(11) On making a finding of guilt, an adjudicator
(a) may, subject to the regulations, impose such disciplinary or corrective measures as he or she considers necessary in respect of the inmate;
(b) shall, if the inmate is facing disciplinary segregation, review plans for the inmate to have meaningful contact with others; and
(c) shall provide written reasons for the finding of guilt and for any disciplinary or corrective measures imposed.
(12) If an adjudicator makes a finding of guilt and orders that the inmate be held in disciplinary segregation to a cell, room or unit, that segregation must not exceed
(a) 20 hours in a 24-hour period, unless required for reasons of safety; and
(b) 13 consecutive days.
(13) A Person in Charge shall, subject to subsection (14), ensure that no inmate is held in conditions that constitute disciplinary segregation for more than 60 aggregate days in a 365-day period.
(14) An inmate may be held in conditions that constitute disciplinary segregation for more than 60 aggregate days in a 365-day period, if
(a) the Person in Charge has determined that no other less restrictive placement or disciplinary or corrective measures are appropriate for the inmate; and
(b) an adjudicator has reviewed the matter and authorized the Person in Charge to exceed that 60-day limit.
(15) For the purposes of this section, the transfer of an inmate who was held in conditions that constitute disciplinary segregation in one correctional centre to a different correctional centre does not affect the calculation of the aggregate number of days he or she has been held in conditions that constitute disciplinary segregation.
(16) If an adjudicator does not make a finding of guilt, he or she shall dismiss the charges.
(17) An inmate shall comply with any disciplinary or corrective measure imposed under subsection (11).
(18) An inmate who is found guilty by an adjudicator at a disciplinary hearing may, in accordance with the regulations, appeal the finding of guilt and any disciplinary or corrective measures imposed in a manner approved by the Director of Investigations and Standards.
(19) On appeal under subsection (18), the Director of Investigations and Standards may
(a) confirm the finding of guilt and any disciplinary or corrective measures imposed;
(b) confirm the finding of guilt and reduce any disciplinary or corrective measures imposed; or
(c) quash the finding of guilt and any disciplinary or corrective measures imposed and
(i) direct that the Person in Charge change the inmate’s record to reflect that decision, or
(ii) direct that a new disciplinary hearing be convened.
(20) If a new disciplinary hearing is convened under subsection (19),
(a) it must be conducted by an adjudicator
(i) other than the adjudicator who conducted the original hearing, and
(ii) who had no involvement with the original hearing;
(b) it must be conducted as soon as practicable; and
(c) subsections (9) to (19) apply to the new disciplinary hearing and in respect of any disciplinary or corrective measures imposed.
(21) A decision made by the Director of Investigations and Standards on appeal is final. SNWT 2020,c.11,s.2.
Alternative Measures Panel
Establishment of panel
43.(1) The Director of Corrections may, subject to the regulations, establish an alternative measures panel.
(2) The Director of Corrections may appoint to an alternative measures panel one or more persons who are not employed at the correctional centre for a term not exceeding five years.
(3) Subject to the regulations, members of an alternative measures panel must be
(a) paid honorariums; and
(b) reimbursed for reasonable expenses incurred in the exercise of powers and in the performance of duties under this Act.
(4) If an inmate pleads guilty to an offence at a disciplinary hearing, the adjudicator may, subject to the regulations, divert the matter to an alternative measures panel if one is established.
(5) An alternative measures panel has the same authority as an adjudicator under subsection 42(11), respecting the imposition of disciplinary or corrective measures.
(6) An inmate shall comply with any disciplinary or corrective measure imposed by an alternative measures panel.
(7) Subsections 42(18) and (21) apply in respect of appeals of disciplinary or corrective measures imposed by an alternative measures panel. SNWT 2020,c.11,s.3.
Adjudicators
Adjudicators
44.(1) The Minister may appoint adjudicators.
(2) An adjudicator must not be employed at a correctional centre.
(3) An adjudicator shall, subject to the regulations,
(a) preside over disciplinary hearings;
(b) review alleged breaches by inmates of this Act, the regulations or the rules of a correctional centre;
(c) make a determination respecting an inmate at a disciplinary hearing;
(d) determine appropriate disciplinary or corrective measures for breaches of this Act, the regulations or the rules of a correctional centre;
(e) review instances where a Person in Charge authorizes the disciplinary segregation of an inmate for more than 60 aggregate days in a 365-day period under subsection 42(14); and
(f) review the separate confinement of inmates under section 36 and determine whether such periods of confinement may be varied.
(4) Subject to the regulations, adjudicators may be
(a) paid honorariums; and
(b) reimbursed for reasonable expenses incurred in the exercise of powers and in the performance of duties under this Act.
Review of Separate Confinement by Adjudicator
Application
45.(1) This section applies where an adjudicator receives a request to review a requirement that an inmate be held in separate confinement for a period exceeding 96 hours under subsection 36(8), and carries out the review under paragraph 44(3)(f).
(2) If, on review of the request, the adjudicator decides to extend the period of separate confinement for the inmate, the adjudicator may extend the period for one or more periods, each of which must not exceed seven days.
(3) Before making a decision on a review under this section, the adjudicator shall
(a) give the inmate a copy of the request for the review and the details of the requirement that the inmate be held in separate confinement;
(b) give the inmate a reasonable opportunity to retain legal counsel and to make oral or written submissions to the adjudicator about why the requirement should be rejected or varied; and
(c) consider any examination report from a health professional made under paragraph 36(5)(b).
(4) An adjudicator may, after carrying out a review under this section, terminate a requirement that an inmate be held in separate confinement if the adjudicator considers that such termination is conducive to the inmate’s healing, rehabilitation and community reintegration, and that any risk to any person at the correctional centre is minimal.
(5) An inmate may appeal a decision of the adjudicator to the Director of Corrections within seven days after receiving notice of the decision from the adjudicator.
(6) On appeal under subsection (5), the Director of Corrections may confirm, quash or reduce any period of separate confinement imposed by the adjudicator.
Review of Decision
Review
46.(1) An inmate may apply to the Director of Investigations and Standards to review the decision of an adjudicator.
(2) If the Director of Investigations and Standards determines that a review is warranted, the Director may only review the record of the hearing and the decision of the adjudicator.
(3) The record of the disciplinary hearing must be in the form of an audio or video recording of the hearing.
(4) A review by the Director of Investigations and Standards is final.
Attendance of Inmate Outside
Correctional Centre
Director of Corrections authorization
47.(1) The Director of Corrections may authorize the attendance of an inmate for specific work, duties or purposes outside the correctional centre.
(2) The Person in Charge shall determine the degree of supervision of an inmate.
(3) During any attendance authorized under subsection (1), the inmate is subject to the regulations, the rules of the correctional centre and the jurisdiction of the correctional centre.
(4) During any attendance authorized under subsection (1), the inmate shall obey all instructions given by the Person in Charge.
(5) The Director of Corrections may delegate his or her power under subsection (1) to the Person in Charge.
Temporary Absences
Designated authority
48.(1) A Person in Charge is a designated authority responsible for authorizing temporary absences under this Act and under subsection 7.2(1) of the Prisons and Reformatories Act (Canada).
(2) A Person in Charge may, at the request of an inmate or on the Person in Charge’s own initiative, authorize an inmate to be temporarily absent from a correctional centre with or without escort, subject to any conditions that the Person in Charge considers appropriate, if he or she considers that the absence is necessary or desirable
(a) for medical, educational or humanitarian reasons;
(b) for employment; or
(c) to assist in the inmate’s impending community reintegration as defined in section 21.
(3) A temporary absence under this section must be authorized for a period not exceeding 60 days and may be renewed by the Person in Charge for subsequent periods each not exceeding 60 days.
(4) Notwithstanding subsection (3), a temporary absence for medical reasons may be authorized for an unlimited period.
(5) During the period of a temporary absence authorized under subsection (2), the inmate is subject to the regulations, the rules of the correctional centre and the jurisdiction of the correctional centre.
(6) During the period of a temporary absence authorized under subsection (2), the inmate shall obey all instructions given by the Person in Charge.
(7) A Person in Charge may delegate his or her powers under this section to an authorized person.
Suspension, cancellation or revocation
49.(1) A Person in Charge may suspend, cancel or revoke an inmate’s temporary absence, before or after it begins, if
(a) a breach of a condition of the absence has occurred or the Person in Charge considers that the suspension, cancellation or revocation is necessary to prevent a breach of a condition of the absence;
(b) the grounds for authorizing the absence have changed or no longer apply; or
(c) the application has been reassessed based on information that was not reasonably available at the time the absence was authorized.
(2) On suspending, cancelling or revoking an inmate’s temporary absence, the Person in Charge may issue a warrant for apprehension, a notice of suspension, cancellation or revocation or a recommittal of the inmate in a form approved by the Director of Corrections.
(3) A peace officer may apprehend an inmate without a warrant or notice and remand the inmate into custody if the peace officer believes on reasonable grounds that a warrant, notice or recommittal has been issued in respect of that person under subsection (2).
(4) An inmate remanded into custody under subsection (3) must be returned to a correctional centre as soon as is practicable.
Appeal
50.(1) An inmate whose request for a temporary absence under section 48 is denied may appeal the denial to the Director of Corrections.
(2) The Director of Corrections may delegate his or her powers in respect of hearing and deciding an appeal under this section.
Work Programs
Establishment and administration
51.(1) The Director of Corrections may establish and administer work programs.
(2) The Employment Standards Act and the Public Service Act do not apply to inmates in respect of any employment that is part of a work program.
(3) If the Director of Corrections authorizes an inmate’s absence from a correctional centre for wage employment, the Director may require that any wages earned by the inmate from this employment be applied in the manner set out in section 53.
(4) If an inmate receives compensation as a result of participation in a work program, the Director of Corrections may require that the compensation received by the inmate be applied in the manner set out in section 53.
(5) If an inmate is employed for wages outside a correctional centre or participates in a work program that is inside or outside a correctional centre, the Director of Corrections may require the person who pays the inmate’s wages or compensation to forward the total amount owed to the inmate, less deductions required by law, to the Person in Charge.
(6) The Person in Charge shall credit wages or compensation paid under subsection (5) to the inmate’s account under section 53.
Earned Remission
Definition: "earned remission"
52.(1) In this section, "earned remission" has the meaning assigned to it in section 6 of the Prisons and Reformatories Act (Canada).
(2) An inmate may be credited with earned remission in accordance with the regulations, unless the sentence being served is
(a) a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court; or
(b) for an offence under an enactment of the Northwest Territories.
Inmate Fund
Establishment
53.(1) The Director of Corrections shall establish an Inmate Fund for inmates at each correctional centre as a special purpose fund as defined in subsection 1(1) of the Financial Administration Act.
(2) Each Person in Charge shall, subject to the regulations, administer the Inmate Fund for the correctional centre.
(3) The Person in Charge shall designate a separate account within the Inmate Fund for each inmate in custody at the correctional centre.
(4) The Person in Charge shall credit the following to each inmate’s account:
(a) any money surrendered to the Person in Charge by the inmate upon the inmate’s admission to the correctional centre;
(b) any money provided or forwarded to the Person in Charge as
(i) an allowance, or otherwise for the benefit of or use by the inmate,
(ii) wages earned by the inmate through employment, or
(iii) compensation as a result of the inmate’s participation in a work program;
(c) any other money that is to be credited to the inmate’s account in accordance with the regulations.
(5) The Person in Charge may, subject to the regulations, disburse money in an inmate’s account for the following purposes in descending order of priority:
(a) the maintenance and support of the inmate’s dependants;
(b) the actual cost of the inmate’s travel, accommodation and meal expenses if the inmate is in attendance under section 47 or temporarily absent under section 48;
(c) any other expense that the Person in Charge considers is in the best interests of the inmate or his or her dependants.
(6) The Person in Charge may waive or vary the manner of disbursing money from an inmate’s account in any way that the Person in Charge considers necessary for the benefit of the inmate or his or her dependants.
(7) The Person in Charge shall keep records for
(a) each credit to an inmate’s account under subsection (4); and
(b) each disbursement from an inmate’s account under subsections (5) and (6).
(8) The Person in Charge shall, as soon as practicable after the release from custody of an inmate,
(a) provide to the inmate in writing,
(i) an accounting of the credits to and disbursements from the inmate’s account during the period of custody, and
(ii) the amount of money in the inmate’s account at the time of release; and
(b) pay to the inmate the amount of money referred to in subparagraph (a)(ii).
Unclaimed Property
Definition: "personal property"
54.(1) In this section, "personal property" does not include a motor vehicle or trailer as defined in section 1 of the Motor Vehicles Act.
(2) A Person in Charge may take possession of personal property that is reasonably suspected of having been lost or abandoned at the correctional centre by its owner.
(3) A Person in Charge who takes possession of an item of personal property under subsection (2) shall,
(a) if the property has a value exceeding a prescribed amount,
(i) take possession and control of the property and store it, and
(ii) within 60 days, make reasonable inquiries to determine the owner of the property and any other person who may have an interest in the property; or
(b) if the property is unsanitary or unsafe or has a value not exceeding a prescribed amount, dispose of the property in the manner the Person in Charge considers appropriate, subject to the regulations.
(4) If a Person in Charge has held, for longer than 60 days, an item of personal property suspected of having been lost or abandoned by its owner, the Person in Charge may authorize the sale of the item in an approved manner.
(5) A Person in Charge who authorizes the sale of an item of personal property under subsection (4) shall
(a) use that part of the proceeds of the sale necessary to pay for the reasonable costs of removing, controlling, storing and selling the property; and
(b) hold the remainder of the proceeds of the sale for one year for the owner of the property.
(6) A Person in Charge who authorizes the sale of an item of personal property under subsection (4) shall prepare and keep a written report of the sale and distribution of the proceeds of the sale for at least six years.
(7) If a Person in Charge holds the remainder of the proceeds of a sale and does not receive a valid claim in respect of the balance within the one-year period referred to in paragraph (5)(b), the unclaimed amount is forfeited to the Government of the Northwest Territories and becomes non-public property under sections 56 and 57.
(8) A purchaser in good faith of an item of personal property sold under subsection (4) has good title to the property, free and clear of any other interest.
Services at Correctional Centres
Provision of services
55.(1) The Minister shall authorize the provision of the following services to inmates at a correctional centre:
(a) a telecommunication service for making personal telephone calls;
(b) an entertainment service that includes a subscription to print, electronic or other media;
(c) a canteen service;
(d) any prescribed service.
(2) The Minister may
(a) determine the amount of the fee to be paid by inmates for the use of a service provided under subsection (1); and
(b) revise the amount on an annual basis.
(3) The Minister shall publish any determination or revision of a fee in a manner that provides reasonable notice of that determination or revision to inmates at the correctional centre.
(4) A Person in Charge may limit an inmate’s access to any service referred to in subsection (1) if the Person in Charge considers it is reasonable and necessary for the protection of security and the safety of persons at the correctional centre.
Public Property
Definitions
56.(1) In this section and section 57,
"material" means all public property, other than real property, immovables and money, provided to a correctional centre or for any other purpose under this Act; (matériel)
"non-public property" means
(a) all money and property, other than issues of material, received for or administered by or through canteens at a correctional centre,
(b) all money and property contributed at a correctional centre for the collective benefit and use of persons at the centre,
(c) by-products and refuse and the proceeds of their sale, and
(d) all money and property derived from, purchased out of the proceeds of the sale of, or received in exchange for, money and property described in paragraphs (a) to (c); (biens non publics)
"public property" includes all money and property of the Government of the Northwest Territories and excludes non-public property. (biens publics)
(2) Material supplied to or used by a correctional centre must be of such type, pattern and design and must be issued on such amounts and in such manner as the Minister may approve.
(3) The conditions under which and the extent to which a person is liable to the Government of the Northwest Territories in respect of loss of or damage to public property shall be determined in accordance with the regulations. SNWT 2020,c.14,s.4(7).
Non-Public Property
Non-public property of correctional centre
57.(1) Non-public property of a correctional centre vests in the Person in Charge and must be used for the benefit and use of all persons at a correctional centre or for any other purpose approved by the Director of Corrections.
(2) Non-public property of a discontinued correctional centre passes to and vests in the Director of Corrections, and may be disposed of at the discretion and direction of the Director of Corrections for the benefit and use of all persons at any correctional centre.
(3) Where, by reason of a substantial reduction in the number of persons at a correctional centre and the Director of Corrections considers it desirable to do so, the Director of Corrections may direct that the non-public property or any part of the non-public property that is vested in a Person in Charge shall pass to and vest in the Director of Corrections on the terms set out in subsection (2).
(4) Non-public property acquired by contribution but not contributed to any specific correctional centre vests in the Director of Corrections, and subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Director of Corrections for the benefit and use of all persons at any correctional centre.
(5) Except as authorized by the Director of Corrections, no gift, sale or other alienation or attempted alienation of non-public property is valid.
(6) The conditions under which and the extent to which a person is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that person shall be determined in accordance with the regulations.
(7) The Director of Corrections shall exercise his or her authority under this section subject to any directions that may be given by the Minister.
(8) Non-public property accounts shall be audited as the Director of Corrections may from time to time direct.
GENERAL
Immunity
58.No action lies for any action or omission done in good faith while carrying out a power or duty under this Act, by
(a) the Minister or a person acting under the Minister’s direction or authorization;
(b) a member of a community advisory board;
(c) volunteers appointed under section 19; or
(d) the Director of Corrections or the Director of Investigations and Standards.
Complaints
Definition: "complainant"
59.(1) In this section, "complainant" means an inmate, offender or person on probation, conditional sentence or judicial interim release who makes a complaint under this section.
(2) The Director of Corrections shall, subject to the regulations, establish a process for making complaints about
(a) the operation of a correctional centre, including procedures for reporting and addressing complaints and reviews; and
(b) the provision of correctional programs and services at a correctional centre or elsewhere.
(3) A complainant or potential complainant is, subject to the regulations, entitled to
(a) make a complaint;
(b) receive timely information about the complaint and review processes;
(c) receive a response to the complaint within a reasonable period;
(d) have a timely investigation into the complaint;
(e) make submissions;
(f) receive written reasons for decisions made in respect of the complaint; and
(g) have the complaint reviewed.
OFFENCES AND PENALTIES
Obstruction
60.(1) A person shall not obstruct the Minister or a person conducting an inspection or investigation under this Act or the regulations.
(2) A person shall not aid or assist a person in obstructing the Minister or a person conducting an inspection or investigation under this Act or the regulations.
(3) A person commits an offence if at a correctional centre the person possesses, uses, delivers to or receives from an inmate, any contraband.
(4) A person commits an offence if the person trespasses on the grounds, buildings or other premises belonging or related to a correctional centre.
Penalty
61.(1) Every person who contravenes section 60 is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.
(2) If an inmate contravenes the rules made under section 29 or any other inmate rules of conduct that are prescribed, subsection (1) does not apply.
ANNUAL REPORT
Annual report
62.(1) The Director of Corrections shall, within four months after the end of each fiscal year, make a report to the Minister on the administration of the Act for that fiscal year, including
(a) the number of inmates admitted to and released from each correctional centre;
(b) the number of offenders participating in rehabilitation programs as defined in section 22;
(c) the number of instances of use of force under section 30;
(d) the number of inmates held in separate confinement under section 36, including details about how long they were so held;
(e) the number of inmates held in disciplinary segregation under section 42, including details about how long they were so held;
(f) the number of hearings presided over by adjudicators;
(g) the number of complaints made under section 59; and
(h) details about any judicial review where the decision of a staff member or an adjudicator was quashed, confirmed or varied or returned for reconsideration.
(2) The Minister shall lay a copy of the report referred to in subsection (1) before the Legislative Assembly at the earliest opportunity after receiving the report.
REGULATIONS
Regulations
63.The Commissioner in Executive Council may make regulations
(a) prescribing other objects or substances that are contraband for the purposes of the definition "contraband" under section 1;
(b) prescribing persons for the purposes of paragraph 4(4)(e);
(c) respecting agreements made on behalf of the Government of the Northwest Territories under subsections 5(1) and (2);
(d) respecting community advisory boards under sections 6 and 7, including the payment of honorariums and reimbursement and reasonable expenses under subsection 7(4);
(e) respecting the powers and duties of the Director of Corrections under section 11;
(f) respecting the establishment, administration and maintenance of programs respecting the rights of victims under subsection 13(1);
(g) respecting other information that the Director of Corrections may disclose under subsection 13(2);
(h) respecting the establishment and running of a system for the review of disciplinary measures imposed on inmates by authorized persons under paragraph 14(2)(c);
(i) respecting inspections of correctional centres under subsection 15(4);
(j) prescribing such powers and duties of a Person in Charge under paragraph 17(2)(c);
(k) prescribing such additional powers and duties of probation officers under paragraph 18(1)(h);
(l) respecting the supervision of persons under subsection 18(2) by a probation officer;
(m) respecting the payment of honorariums and the reimbursement of reasonable expenses of volunteers under subsection 19(3);
(n) respecting the participation in programs and services by offenders under subsection 22(4);
(o) respecting the services provided by Indigenous elders and spiritual advisors under section 22;
(p) respecting biological samples under section 24;
(q) respecting the establishment, continuation or discontinuation of a correctional centre under section 25;
(r) respecting the duties of a Person in Charge under section 27;
(s) prescribing other living conditions and standards for the purposes of subsection 28(1);
(t) respecting the making of rules under subsection 29(1);
(u) prescribing rules of inmate conduct under section 29;
(v) establishing and providing for a range of penalties for breaches of rules made under section 29;
(w) respecting the use of force under section 30, including
(i) the use of a reasonable degree of force by authorized persons under subsection 30(1),
(ii) prescribing circumstances when a device may be used to physically restrain an inmate and prescribing the procedures applicable to its use under subsection 30(4),
(iii) the filing of a written report under paragraph 30(6)(a),
(iv) prescribing other requirements to be complied with by the authorized person under paragraph 30(6)(b), and
(v) prescribing classes of persons who are health care practitioners under subsection 30(8);
(x) respecting security classifications under section 31, including
(i) the assessment and assignment of an inmate on admission under subsection 31(1), and
(ii) the reassessment or reassignment of an inmate under subsection 31(2);
(y) respecting the enhanced supervision program under section 32, including
(i) the establishment of an enhanced supervision program under subsection 32(1),
(ii) the assignment of inmates to an enhanced supervision program under subsection 32(2),
(iii) the assignment of an inmate within an enhanced supervision program to a specific level of security, access restrictions and other conditions of confinement under subsection 32(4), and
(iv) appeals to the Director of Corrections under subsection 32(7);
(z) respecting inmate communication under section 34, including
(i) prescribing other means of communication for the purposes of the definition "inmate communication" in subsection 34(1), and
(ii) prescribing classes of persons who may receive privileged communications for the purposes of the definition "privileged communication"in subsection 34(1);
(z.1) respecting the disclosure of inmate communications under section 35;
(z.2) respecting separate confinement under section 36, including
(i) the circumstances when the Person in Charge may require an inmate to be held in separate confinement under subsection 36(1), and
(ii) appeals under subsection 36(10);
(z.3) respecting searches, including strip searches, of inmates and inmates’ personal possessions under section 37;
(z.4) respecting searches, including strip searches, of visitors under subsection 38(6);
(z.5) respecting searches, including strip searches, of staff members under subsection 39(4);
(z.6) respecting searches of vehicles and the contents of those vehicles under subsection 40(2);
(z.7) respecting the forfeiture of objects or substances seized under subsection 41(6);
(z.8) respecting disciplinary and corrective measures under section 42, including
(i) the filing of written reports under subsection 42(6),
(ii) the convening of disciplinary hearings by the Person in Charge under subsection 42(7),
(iii) the giving of notice of the intention to convene a disciplinary hearing under subsection 42(8),
(iv) the conduct of disciplinary hearings by adjudicators under subsection 42(9), and
(v) appeals to the Director of Investigations and Standards under subsection 42(18);
(z.9) respecting alternative measures panels under section 43;
(z.10) respecting honorariums and the reimbursement of reasonable expenses for members of alternative measures panels under subsection 43(3);
(z.11) respecting powers and duties of adjudicators under subsection 44(3);
(z.12) respecting honorariums and the reimbursement of reasonable expenses for adjudicators under subsection 44(4);
(z.13) respecting attendances authorized under section 47;
(z.14) respecting temporary absences under section 48;
(z.15) respecting earned remissions under section 52;
(z.16) respecting the administration of each Inmate Fund under subsection 53(2);
(z.17) respecting other money that a Person in Charge is required to credit to each inmate’s account under paragraph 53(4)(c);
(z.18) respecting disbursement of money from an inmate’s account under subsection 53(5);
(z.19) prescribing amounts under subsection 54(3);
(z.20) prescribing services under paragraph 55(1)(d) and the fees for those services under subsection 55(2);
(z.21) prescribing the conditions and extent that a person is liable to the Government of the Northwest Territories in respect of loss or damages to public property under subsection 56(3);
(z.22) respecting conditions and the extent to which a person is liable to make restitution or reimbursement in respect of loss or damage to non-public property under subsection 57(6);
(z.23) respecting complaints under section 59, including the establishment of a process for the making of complaints under subsection 59(2);
(z.24) respecting the admission and discharge of inmates and persons in custody under a warrant of or other order of committal;
(z.25) respecting the transfer of inmates between correctional centres or to any place of confinement under the control of the Royal Canadian Mounted Police;
(z.26) respecting complaints from inmates including how the complaints are processed and responded to;
(z.27) respecting visitors to correctional centres, including their interaction with inmates; and
(z.28) respecting any other matter that the Commissioner in Executive Council considers necessary or advisable for carrying out the purposes and provisions of this Act.
CONSEQUENTIAL AMENDMENTS
Employment Standards Act
64.The Employment Standards Act is amended by adding the following after subsection 3(2):
(2.1) This Act does not apply to any inmate employed for wages in a work program established under section 51 of the Corrections Act.
Public Service Act
65.The Public Service Act is amended by adding the following after subsection 2(2):
(3) Notwithstanding this section, this Act does not apply to any inmate employed for wages in a work program established under section 51 of the
REPEAL
Corrections Act
66.The Corrections Act, R.S.N.W.T. 1988, c.C-22, is repealed.
COMMENCEMENT
Coming into force
67.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.