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RSNL1990 CHAPTER A-4

ADULT CORRECTIONS ACT
[Repealed by SNL2011 cC-37.00001 s51 - not in force]

Amended:

2006 c40 s21

CHAPTER A-4

AN ACT RESPECTING ADULT CORRECTIONS

Analysis



Short title

        1. This Act may be cited as the Adult Corrections Act.

1975 No12 s1

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Definitions

        2. In this Act

             (a)  "correctional institution" means the penitentiary as defined in the Prisons Act and includes all places, buildings and camps considered by that Act or by an order made under that Act to be part of the penitentiary as well as the other places, buildings and establishments that may be designated as correctional institutions by regulations made under section 12;

             (b)  "court" means a court within the province;

             (c)  "director" means the Director of Adult Corrections appointed under section 4;

             (d)  "division" means the Division of Adult Corrections constituted under section 3;

             (e)  "minister" means the minister appointed under the Executive Council Act to administer this Act; and

              (f)  "probation officer" means an officer specifically appointed or designated as an adult probation officer under this Act, and includes the director.

1975 No12 s2; 2006 c40 s21

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Adult Corrections Division

        3. There is established a division of the Department of Justice called the Division of Adult Corrections under the control and direction of the minister.

1975 No12 s3

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Appointment of staff

        4. (l) The Lieutenant-Governor in Council shall appoint a Director of Adult Corrections to administer the affairs of the division and may appoint an Assistant Director of Adult Corrections to help the director in that administration.

             (2)  The minister may, following the recommendation of the director, appoint, in the manner authorized by law, probation officers having different ranks or classifications and other clerks and employees that are necessary for the proper conduct of the business of the division, and may designate persons to act as honourary probation officers.

1975 No12 s4

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Duties of division

        5. The duties of the division are

             (a)  to provide the courts with reports and information relating to the background, character, employment potential, family circumstances and other matters that a judge may consider appropriate respecting adult persons charged with or convicted of crimes or offences;

             (b)  to supervise and offer guidance to adult persons who are the subject of probation orders issued by the courts;

             (c)  to encourage, supervise, treat and train adult prisoners serving sentences of imprisonment within correctional institutions with a view to their ultimate rehabilitation to society;

             (d)  to promote and help in public and private welfare programs designed to prevent and diminish the commission of crimes and offences within the province; and

             (e)  to implement a function specifically assigned to the division by the Lieutenant-Governor in Council relating to the supervision, treatment and training of offenders against the law.

1975 No12 s5

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Duties of officers

        6. The director and a probation officer appointed under this Act

             (a)  have the powers of a peace officer while acting under an order made by a judge;

             (b)  are considered to be probation officers for the whole province, notwithstanding that the probation officer's place of employment is within a district of the province;

             (c)  are officers of the court in the province; and

             (d)  shall prepare and submit to the court the reports and give oral testimony respecting adult persons charged with or convicted of crimes or offences that may be ordered by the judge of the court.

1975 No12 s6

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Designated probation officers

        7. The Lieutenant-Governor in Council may designate probation officers appointed under the Department of Social Services Act to act as probation officers for the purposes of this Act and may designate probation officers appointed under this Act to carry out the duties of probation officers for the purposes of the Department of Social Services Act.

1975 No12 s7; 1984 c2 s27

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Probation orders

        8. (1) The provisions of the Criminal Code respecting the making of a probation order, the form of and conditions considered to be contained in a probation order shall apply with the necessary changes to probation orders made by a court upon persons convicted of an offence under a statute of the province.

             (2)  Where a person who is the subject of a probation order fails to comply with the conditions of the order, the probation officer charged with the supervision of that person shall report the failure to the court which made the order and, where the probation officer considers the failure to be a significant failure, in the interests of justice may arrest the person who is the subject of the order and bring that person before the court to be dealt with as the court thinks appropriate.

1975 No12 s8

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Offence

        9. A person who interferes with or obstructs a probation officer in the performance of a duty imposed upon that officer by a court is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or to a term of imprisonment for a period not exceeding 3 months or to both a fine and imprisonment.

1975 No12 s9

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Agreements

      10. The minister may with the approval of the Lieutenant-Governor in Council enter into agreements with

             (a)  the Government of Canada , or a department or agency of that government charged with the responsibility of providing correctional services in Canada respecting the exchange of services and facilities under the control of the federal and provincial governments, including

                      (i)  the custody by a provincial correctional institution of persons sentenced to serve terms of imprisonment within a federal correctional institution and the custody within a federal correctional institution of persons sentenced to serve terms of imprisonment within a provincial correctional institution, and

                     (ii)  for the appointment by Canada of probation officers appointed under this Act to carry out the duties of parole officers under the Parole Act (Canada), and the appointment by the province of those parole officers to act as probation officers under the supervision of the director;

             (b)  the government of a province or territory of Canada respecting the exchange of correctional services including the exchange on a reciprocal basis of prisoners serving sentences of imprisonment within the province or territory covered by the agreement; and

             (c)  a public or private organization, association or agency empowered to provide correctional services within the province for the delegation to that organization, association or agency of any of the duties imposed by this Act upon the division,

and agreements entered into under this section may make provision for a financial contribution to be paid to or by the province out of or into the Consolidated Revenue Fund.

1975 No12 s10

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Advisory board

      11. (1) In order to help the minister in the proper administration of this Act, the minister shall appoint a board of advisors to be known as the Departmental Board of Corrections consisting of those persons that the minister considers necessary.

             (2)  The director shall be chairperson of the board of advisors.

             (3)  The members of the board referred to in subsection (1) shall hold office at the minister's pleasure and shall comprise at least 1 Provincial Court judge, 1 member of a police force operating within the province, 1 official from every department of the government having a responsibility to administer juvenile corrections, together with other persons having the qualifications or being the holders of offices that may be prescribed in the regulations.

1975 No12 s11

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Regulations

      12. (1) The minister may, with the approval of the Lieutenant-Governor in Council, make regulations

             (a)  respecting the qualifications, duties and powers of the director, assistant director or probation officers;

             (b)  governing the Departmental Board of Corrections, prescribing the powers, functions and duties of that board and specifying the qualifications or offices to be held by the members of the board;

             (c)  designating places, buildings and establishments as correctional institutions for the purposes of this Act; and

             (d)  generally, to give effect to the purpose of this Act.

             (2)  Regulations made under paragraph (1)(c) may be made with retroactive effect to a date set out in the regulations.

1975 No12 s12