General
Ministry Of Correctional Services Act
2021-08-18
Amending Reg. 778 of R.R.O. 1990
Regulation comes into force on the day it is filed.
Ontario Regulation 574/21 made under the Ministry of Correctional Services Act Made: July 29, 2021 Filed: August 18, 2021 Published on e-Laws: August 19, 2021 Printed in The Ontario Gazette: September 4, 2021 Amending Reg. 778 of R.R.O. 1990 (GENERAL) 1. Section 1 of Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions: “disciplinary segregation” means the type of segregation imposed as a disciplinary measure under section 32; (“isolement disciplinaire”) “meaningful social interaction” means an experience for an inmate, other than a routine institutional operation such as showering or transportation to court, that involves opportunities for social interaction and social activities that, (a)  could be reasonably considered meaningful to the inmate, (b)  promote mental or physical stimulation, and (c)  mitigate the isolation and potential harm caused by segregation; (“interaction sociale significative”) “non-disciplinary segregation” means the type of segregation imposed under section 28.10; (“isolement préventif”) “segregation” means any type of custody where an inmate is in highly restricted conditions for 22 to 24 hours or does not receive a minimum of two hours of meaningful social interaction each day, excluding in circumstances of an unscheduled lockdown; (“isolement”) 2. (1) The Regulation is amended by adding the following Part: Part 0.1 Ministry training 1.1 (1) Every employee in the Ministry who is employed at a correctional institution or who is a probation or parole officer, or a supervisor of a probation or parole officer, shall complete human rights and anti-racism training approved by the Minister every five years. (2) The first round of training required by subsection (1) must be completed, (a)  within 12 months after the employee becomes employed in the Ministry; or (b)  in the case of persons who were employed in the Ministry before the day this section came into force, within two years after the day this section came into force. 1.2 (1) Every employee in the Ministry who works in a correctional institution, and every probation or parole officer, shall complete de-escalation training approved by the Minister every two years. (2) The first round of training required by subsection (1) must be completed, (a)  within 12 months after the employee becomes employed in the correctional institution; or (b)  in the case of persons who were employed in the Ministry before the day this section began applying to them, within two years after the day this section came into force. 1.3 (1) Every correctional officer, and every supervisor of a correctional officer, shall complete use of force training approved by the Minister every two years. (2) The first round of training required by subsection (1) must be completed, (a)  within 12 months after the correctional officer or supervisor becomes employed; or (b)  in the case of correctional officers or supervisors who were employed before the day this section came into force, within two years after the day this section came into force. (2) Subsection 1.1 (1) of the Regulation, as enacted by subsection (1), is revoked and the following substituted: (1) Every employee in the Ministry who is employed in the administration of the Act shall complete human rights and anti-racism training approved by the Minister every five years. 3. The Regulation is amended by adding the following sections: Duties of Minister 7.1 Where social or cultural supports, including social workers and people who provide culturally relevant services to Indigenous inmates, are accessed by the inmate, the Minister shall make reasonable efforts to obtain relevant information from the people who provided those supports and use the information to inform discipline, misconduct and segregation decisions relating to that inmate. 7.2 The Minister shall make reasonable efforts to provide inmates who have unique or complex needs with access to services and programs that provide specialized care to assess and treat those needs. 4. Clause 17 (2) (d) of the Regulation is revoked and the following substituted: (d)  the Deputy Minister; or 5. The French version of subsection 17.2 (2) of the Regulation is amended by striking out “son père, sa mère” and substituting “son parent”. 6. Section 26 of the Regulation is amended by striking out “segregation conditions” and substituting “non-disciplinary segregation”. 7. The Regulation is amended by adding the following section: Custody in Restricted Conditions 28.1 The Superintendent shall provide reports to the Minister every four months indicating the number of inmates who were held in highly restricted conditions for 20 to 22 hours per day in the preceding four-month period, along with information on how long they were held in such conditions. 8. (1) The Regulation is amended by adding the following sections: Segregation Requirements 28.2 (1) Inmates shall not be placed in, or remain in, segregation if either of the following circumstances apply: 1.  The inmate has reported to the Ministry, or the Ministry is otherwise aware, that a regulated health professional who is qualified to make diagnoses within their clinical scope considers the inmate to be experiencing at least one of the following disorders: i.  Amnestic or any other cognitive disorder. ii.  Any major depressive disorder. iii.  Any neurocognitive disorder. iv.  Bipolar disorder I or II. v.  Borderline personality disorder. vi.  Brief psychotic disorder. vii.  Delirium. viii.  Delusional disorder. ix.  Dementia. x.  Obsessive-compulsive disorder. xi.  Post-traumatic stress disorder. xii.  Psychotic disorder not otherwise specified. xiii.  Schizoaffective disorder. xiv.  Schizophrenia (any sub-type). xv.  Schizophreniform disorder. xvi.  Substance-induced psychotic disorder (excluding intoxication and withdrawal). 2.  An officer or a manager employed in the Ministry has observed the inmate experiencing at least one of the following or is aware, whether due to a report from the inmate or otherwise, that the inmate is experiencing at least one of the following: i.  Significant impairment in judgment, including the inability to make decisions, confusion or disorientation. ii.  Significant impairment in thinking, including paranoia or delusions that make the inmate a danger to themselves or others. iii.  Significant impairment in mood that interferes with the inmate’s ability to effectively interact with other people, including constant depressed mood with helplessness, hopelessness, agitation or manic mood. iv.  Significant impairment in behaviour and communication that interferes with the inmate’s ability to effectively interact with other people. v.  Hallucinations, delusions or severe obsessional rituals that interfere with the inmate’s ability to effectively interact with other people. vi.  Suicidal ideation resulting in elevated risk for suicide attempts. vii.  Self-injury resulting in elevated risk for serious physical or mental injury. (2) If the Superintendent learns that the circumstances set out in subsection (1) apply to an inmate who is held in segregation, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. 28.3 (1) The Superintendent shall ensure that inmates are not held in segregation for more than 15 consecutive days. (2) If an inmate of a correctional institution has been held in segregation for 15 consecutive days, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. (3) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not constitute a break in the inmate’s consecutive days of being held in segregation. 28.4 (1) An inmate who is held in segregation retains, as far as practicable, all rights and privileges as if the inmate were not held in segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a disciplinary measure under section 32. (2) An inmate who is held in segregation shall be given access to all programs and services that they would have been offered outside of segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a disciplinary measure under section 32. (3) The programs and services referred to in subsection (2) may be adapted to the circumstances of segregation to the least restrictive extent reasonable in a manner that is necessary for the security of the correctional institution and the safety of persons. 28.5 (1) The Superintendent shall ensure that an inmate who is held in segregation is assessed by a health care professional at least once every 24 hours. (2) Any health care professional who assesses inmates held in segregation, (a)  shall be enabled to provide any assessment or treatment the inmate requires; (b)  shall report to the Superintendent without delay if, based on their assessment, there is evidence of an increasing risk of adverse effects on the inmate’s mental or physical health as a result of the continuance of the segregation; and (c)  may recommend to the Superintendent that the conditions of confinement be altered in order to minimize any adverse effects on the inmate’s physical or mental health. (3) A Superintendent who does not follow a recommendation made under clause (2) (c) shall document their rationale and make it available to the person who made the recommendation and the person who conducts reviews of the inmate under section 28.6. 28.6 (1) The Minister shall, (a)  review the circumstances of each inmate held in segregation no later than, (i)  the fifth consecutive day the inmate is held in segregation, and (ii)  each fifth consecutive day the inmate is held in segregation following the day on which a review is held under this section; and (b)  order that the inmate be released from being held in segregation, if the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted. (2) In reviewing the circumstances of the inmate held in segregation, the Minister shall consider, (a)  any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b)  any relevant information from health care professionals who have assessed the inmate in segregation; and (c)  where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. (3) A delegation of the Minister’s functions under this section shall comply with the following rules: 1.  The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2.  The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3.  The functions shall not be exercised by anyone who was involved in, i.  the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii.  in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. 4.  The person delegated to must report to the Minister the reasons for continuing to hold an inmate in segregation conditions no later than the 15th consecutive day the inmate is held in such conditions. (2) Subsections 28.4 (1) and (2) of the Regulation, as enacted by subsection (1), are amended by striking out “disciplinary measure under section 32” wherever it appears and substituting in each case “measure under section 30 or 32”. (3) Subsection 28.5 (3) of the Regulation, as enacted by subsection (1), is revoked and the following substituted: (3) A Superintendent who does not follow a recommendation made under clause (2) (c) shall document their rationale and make it available to the person who made the recommendation, the person who conducts reviews of the inmate under section 28.6 and the person who conducts aggregate reviews for the inmate under section 28.8. (4) Section 28.6 of the Regulation, as enacted by subsection (1), is amended by adding the following subsection: (1.1) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. 9. The Regulation is amended by adding the following sections: 28.7 (1) If an inmate who is no longer being held in segregation had been held in segregation for 15 consecutive days, the Superintendent shall not hold the inmate in segregation again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. (2) Despite subsection (1), the five-day interval may be shortened if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. (3) If the five-day interval is shortened pursuant to subsection (2), the Superintendent shall document the specific facts relating to their reasons for shortening the interval and provide that documentation to the Minister. 28.8 (1) The Minister shall review the circumstances of each inmate held in segregation no later than, (a)  the 15th aggregate day the inmate is held in segregation in the most recent three-month period; (b)  the 30th aggregate day the inmate is held in segregation in the most recent six-month period; and (c)  the 45th aggregate day the inmate is held in segregation in the most recent 365-day period. (2) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. (3) In reviewing the circumstances of an inmate held in segregation, the Minister shall consider, (a)  any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b)  any relevant information from health care professionals who have assessed the inmate in segregation; and (c)  where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. (4) If the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted, the Minister shall order that the inmate be released from being held in segregation. (5) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. (6) The calculations described in subsection (1) shall only count days in segregation that occurred on or after the day this section came into force. (7) A delegation of the Minister’s functions under this section shall comply with the following rules: 1.  The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2.  The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3.  The functions shall not be exercised by anyone who was involved in, i.  the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii.  in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. 28.9 (1) The Superintendent shall ensure that no inmate is held in segregation for more than 60 aggregate days in the most recent 365-day period, subject to subsection (2). (2) An inmate may be held in segregation for more than 60 aggregate days in a 365-day period if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. (3) If the 60-day maximum is exceeded pursuant to subsection (2), the Superintendent shall document the specific facts relating to the grounds for exceeding the maximum and provide that documentation to the Minister. (4) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. (5) The calculations described in this section shall only count days in segregation that occurred on or after the day this section came into force. 10. The Regulation is amended by adding the following sections: Non-disciplinary Segregation 28.10 (1) Subject to subsections (2), (3) and (4), the Superintendent may hold an inmate in non-disciplinary segregation if, (a)  in the opinion of the Superintendent, the inmate is in need of protection; (b)  in the opinion of the Superintendent, the inmate must be held in non-disciplinary segregation to protect the security of the institution or the safety of other inmates; or (c)  the inmate refuses to be searched or resists a search as described in section 26. (2) The Superintendent may hold an inmate in non-disciplinary segregation only in exceptional cases and as a last resort due to an imminent risk to the safety or security of the inmate or others within the institution, and only if all other options to manage the inmate without segregation have been exhausted. (3) An inmate shall only be held in non-disciplinary segregation for as short a time as possible. (4) Non-disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. 28.11 The Superintendent shall, (a)  conduct a review of the case of any inmate who is held in non-disciplinary segregation within 24 hours after they begin to be held in non-disciplinary segregation; and (b)  release the inmate from being held in non-disciplinary segregation if the Superintendent is of the opinion that continuing to hold the inmate in non-disciplinary segregation is not warranted. 11. The Regulation is amended by adding the following section immediately after the heading “Inmate Misconduct”: 28.12 (1) The Superintendent shall, as soon as practicable upon admission, provide each inmate, in writing, with any regulations or rules governing the conduct of inmates and a list of the possible disciplinary measures for misconduct. (2) The Superintendent shall provide an inmate with a copy of the information described in subsection (1) on request. (3) The regulations or rules governing the conduct of inmates shall also be posted in each inmate’s living unit. (4) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the regulation or rule is provided to the inmate under subsection (1) or (2) or posted in the inmate’s living unit under subsection (3). 12. Section 29 of the Regulation is revoked and the following substituted: 29. An inmate commits a misconduct if the inmate, (a)  wilfully disobeys a lawful order of an officer; (b)  commits or threatens to commit an assault upon another person; (c)  makes a gross insult, by gesture, use of abusive language or other act, directed at any person; (d)  takes or converts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property; (e)  damages any property that is not owned by the inmate; (f)  has contraband in their possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the institution; (g)  creates or incites a disturbance likely to endanger the security of the institution; (h)  escapes, attempts to escape or is unlawfully at large from an institution; (i)  leaves a cell, place of work or other appointed place without proper authority; (j)  gives or offers a bribe or reward to an employee of the institution; (k)  counsels, aids or abets another inmate to do an act in contravention of the Act and regulations; (l)  obstructs an investigation conducted or authorized by the Superintendent;   (m)  wilfully breaches or attempts to breach any other regulation or written rule governing the conduct of inmates of which the inmate has received notice or has been deemed to have received notice under section 28.12; or (n)  wilfully breaches or attempts to breach any term or condition of a temporary absence. 13. The Regulation is amended by adding the following section: 30. (1) An officer or a manager employed in a correctional institution who believes an inmate has committed a misconduct shall consider whether to deal with the alleged misconduct by way of the alternative resolution process set out in this section. (2) In order to use the alternative resolution process to deal with the matter, (a)  the officer or manager must determine that the alternative resolution process is appropriate after considering the factors set out in subsection (4); and (b)  the inmate must, (i)  agree that they committed a misconduct, (ii)  consent to the use of the alternative resolution process, and (iii)  consent to and comply with the proposed measure. (3) The alleged misconduct shall be referred to the Superintendent to be dealt with under section 31 or 32 if the requirements in subsection (2) of this section are not met. (4) In determining whether the alternative resolution process is appropriate and in determining what type of measure would be proportionate and reasonable under this section, the officer or manager shall consider the following factors: 1.  The inmate’s degree of awareness that they have committed a misconduct. 2.  The degree of intentionality or premeditation in the inmate’s actions. 3.  The circumstances around the misconduct, including the degree of provocation involved. 4.  The amount of harm or damage and the amount of potential harm or damage. 5.  The inmate’s previous conduct. 6.  Any disproportionate impacts of the potential measures on a right or entitlement of the inmate under the Human Rights Code, and any other factors related to the Human Rights Code. 7.  Any other relevant factors. (5) If the inmate asks to be provided with access to the social or cultural supports described in section 7.1 to support them during the alternative resolution process, the officer or manager shall make reasonable efforts to provide the inmate with access to those supports. (6) The officer or manager shall consider and implement measures in accordance with the following rules: 1.  First, the officer or manager may implement any of the following measures if they determine that the measures are proportionate and reasonable in response to the misconduct: i.  Requiring the inmate to make an apology. ii.  Requiring the inmate to attend counselling. iii.  Requiring the inmate to attend specified programming. iv.  Requiring the inmate to participate in restorative measures that mitigate or make amends for the misconduct. 2.  If the officer or manager determines that the measures described in paragraph 1 are not, on their own, proportionate and reasonable in response to the misconduct, they may implement any of the following measures, alone or in combination with any other measures described in this subsection: i.  Loss of all or some privileges, including the privilege of purchasing items from the institutional canteen, for a period of not more than seven days. ii.  A change of program or work activity. iii.  Additional work or duties. iv.  A reprimand. (7) If an officer or manager deals with misconduct by way of the alternative resolution process under this section, they shall, (a)  create a record setting out, (i)  the details of the misconduct, (ii)  how the factors in subsection (4) were considered, and (iii)  what measures under subsection (6) were used, if any, and why they were used; and (b)  provide the record to their supervisor. (8) The Superintendent shall provide the Minister with statistical information on the use of alternative resolution measures in the correctional institution every four months. (9) Misconduct that is dealt with by the alternative resolution process under this section shall not affect the security classification of the inmate within the Ministry’s correctional institutions. 14. (1) Section 31 of the Regulation is amended by adding the following subsections: (6.1) In determining whether the inmate committed a misconduct and what an appropriate disciplinary measure would be, the Superintendent shall consider any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1. . . . . . (8.1) The inmate shall be provided with a written record setting out the Superintendent’s decision, the reasons for that decision and, if the inmate was found to have committed a misconduct, the disciplinary measure imposed and a statement that the misconduct finding may impact their security classification. (2) Section 31 of the Regulation, as amended by subsection (1), is revoked and the following substituted: 31. (1) If an inmate is alleged to have committed a misconduct and it has not been dealt with by the alternative resolution process under section 30, the Superintendent shall decide, as soon as possible, whether or not the inmate committed the misconduct. (2) Before making a decision under subsection (1), the Superintendent shall ensure that the inmate is notified of the allegation and is given an opportunity for an interview, which shall be held no later than 10 days after the day on which the alleged misconduct became known to the Superintendent, to discuss the allegation with the Superintendent. (3) In determining whether the inmate committed a misconduct and what an appropriate disciplinary measure would be, the Superintendent shall consider, (a)  the factors listed in subsection 30 (4); and (b)  any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1. (4) At the interview with the Superintendent, the inmate is entitled to present arguments and explanations to dispute the allegation, to question the person or persons making the allegation as well as any other witnesses to the incident and to address any of the factors listed in subsection 30 (4). (5) The Superintendent may permit any person, including an interpreter or a person who provides social or cultural supports described in section 7.1, to attend the interview and assist in any manner that the Superintendent considers appropriate. (6) The Superintendent may, during an interview held under subsection (2), adjourn the interview, but no such adjournment shall be for more than three clear days, except with the consent of the inmate. (7) The Superintendent shall inform the inmate within two days after the day of the interview of their decision, the reasons for the decision and the disciplinary measure imposed, if any. (8) Where the inmate does not notify the Superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wants to have an interview with the Superintendent, the Superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. (9) After making the decision under subsection (7) or (8), the Superintendent shall make a record of the case noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, how the listed factors in subsection 30 (4) were considered and the decision, reasons and disciplinary measure imposed, if any, by the Superintendent in the case. (10) The inmate shall be provided with a document that sets out the Superintendent’s decision, the reasons for that decision and, if the inmate was found to have committed a misconduct, the disciplinary measure imposed and a statement that the misconduct finding may impact their security classification. (11) If an inmate who is alleged to have committed a misconduct is absent from the institution, a reasonable attempt to notify the inmate shall constitute sufficient notice for the purpose of this section. 15. (1) Subsection 32 (1) of the Regulation is amended by adding the following paragraph: 6.  Additional work or duties. (2) Section 32 of the Regulation is amended by adding the following subsection: (3) Disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. (3) Section 32 of the Regulation, as amended by subsections (1) and (2), is revoked and the following substituted: 32. (1) If the Superintendent determines under section 31 that an inmate has committed a misconduct, the Superintendent shall consider the factors set out in subsection 30 (4) to determine what measure is proportionate and reasonable for the misconduct. (2) The Superintendent may impose one or more of the following measures on the inmate who committed the misconduct, so long as they are proportionate and reasonable: 1.  A measure described in paragraph 2 of subsection 30 (6). 2.  Disciplinary segregation for a period of not more than 15 days, subject to subsection (3). 3.  Revocation of a temporary absence permit. 4.  Forfeiture of a portion or all of the remission that stands to the inmate’s credit but no such forfeiture shall exceed 15 days without the Minister’s approval. 5.  Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of up to two months. 6.  A change of security status. 7.  Loss of all or some privileges, including the privilege of purchasing items from the institutional canteen, for a period of more than seven days but not more than 120 days. (3) Disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. (4) The Superintendent may, at their discretion, order that a measure that was previously imposed on an inmate under section 30 or under this section be shortened or mitigated. (5) If the Superintendent has delegated their powers and duties under this section, the personal approval of the Superintendent or, in the absence of the Superintendent, the acting head of the correctional institution is required before the delegate can, (a)  impose any of the measures described in paragraphs 2 to 7 of subsection (2); or (b)  impose any measure that would have the same effect as a measure that can be imposed under paragraphs 2 to 7 of subsection (2) when combined with other measures that take effect consecutively or at the same time. 16. The Regulation is amended by adding the following section: 32.1 A delegation of the Superintendent’s functions under section 31 or 32 shall comply with the following rules: 1.  The person delegated to must be a manager or someone who is currently acting in the capacity of a manager. 2.  The delegation may be subject to such limitations, restrictions, conditions and requirements as the Superintendent may set out in the delegation. 3.  The functions shall not be exercised by anyone who was directly involved in the misconduct or its related incident. 17. The Regulation is amended by adding the following section: 32.2 The Superintendent shall provide the Minister with statistical information on the acts of misconduct that have been dealt with under sections 31 and 32 every four months, including statistics on, (a)  the number of misconducts found to have been committed under section 31; and (b)  the disciplinary measures imposed under section 32. 18. Section 33 of the Regulation is revoked and the following substituted: 33. (1) The Minister, when requested by an inmate, shall review a decision of the Superintendent where, (a)  the inmate alleges that the Superintendent did not make the decision in accordance with the procedures set out in this Regulation; or (b)  the inmate has been disciplined by having a portion or the whole of their remission forfeited or by receiving a suspension from eligibility to earn remission. (2) The Superintendent, upon being notified of the Minister’s review, shall immediately provide the Minister with a copy of the Superintendent’s record of the inmate’s case.  (3) Upon completion of the review, the Minister shall confirm or vary the decision of the Superintendent or direct the Superintendent to reconsider the case, and the Minister shall immediately notify the inmate and the Superintendent, in writing, of the decision and the reasons for the Minister’s decision. (4) The decision of the Minister is final. 19. The heading before section 34 and sections 34, 34.0.1 and 34.0.2 of the Regulation are revoked. 20. The French version of clause (a) of the definition of “victim” in section 40.1 of the Regulation is amended by striking out “du père ou de la mère” and substituting “du parent”. 21. The French version of the definition of “victim” in subsection 62 (1) of the Regulation is amended by striking out “le père ou la mère” in clause (a) and substituting “le parent” and by striking out “le père, la mère” in the portion after clause (b) and substituting “le parent”. Commencement 22. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed. (2) Section 7, subsections 8 (2) and (4), section 13, subsections 14 (2) and 15 (3) and section 17 come into force 18 months after the day this Regulation is filed. (3) Subsections 2 (2) and 8 (3) and section 9 come into force two years after the day this Regulation is filed.   Français