O. Reg. 164/10: GENERAL


Published: 2010-05-14

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ontario regulation 164/10

made under the

Ministry of Correctional Services Act

Made: May 12, 2010
Filed: May 14, 2010
Published on e-Laws: May 17, 2010
Printed in The Ontario Gazette: May 29, 2010


Amending Reg. 778 of R.R.O. 1990

(General)

1. Subsection 10 (1) of Regulation 778 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(1) The inmate shall surrender to the Superintendent all property, including money and personal belongings, in the inmate’s physical possession at the time of admission to the institution.

2. (1) Subsections 11 (1) and (2) of the Regulation are revoked and the following substituted:

(1) When or shortly after a person becomes an inmate of an institution, the Superintendent shall cause to be personally delivered to the inmate a written notice regarding,

(a) the place where the inmate’s property may be claimed when the inmate is paroled, discharged or transferred to a community resource centre;

(b) the period during which the property will be held by the Superintendent for the inmate after parole, discharge or transfer to a community resource centre; and

(c) the proposed disposition of the property in the event that it is not claimed by the inmate.

(2) Subsection 11 (3) of the Regulation is amended by adding “to a community resource centre” after “transferred”.

(3) Subsection 11 (4) of the Regulation is amended by striking out “or mailed” after “delivered” in the portion before paragraph 1.

3. (1) Paragraph 3 of subsection 32 (2) of the Regulation is revoked.

(2) Paragraph 5 of subsection 32 (2) of the Regulation is amended by striking out “for a period of two months” at the end and substituting “for a period of up to two months”.

(3) Paragraph 6 of subsection 32 (2) of the Regulation is revoked.

4. Section 49 of the Regulation is revoked.

5. Subsection 60 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual to a chief of police or his or her designate if,

. . . . .

6. Section 61 of the Regulation is revoked and the following substituted:

61. For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to any person the following personal information about an individual who has been charged with, convicted of or found guilty of an offence under the

Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act:

1. The individual’s name, date of birth and address.

2. The offence with which he or she has been charged or of which he or she has been convicted or found guilty and the sentence, if any, imposed for that offence.

3. The outcome of all significant judicial proceedings relevant to the offence.

4. The procedural stage of the criminal justice process to which the prosecution of the offence has progressed and the physical status of the individual in that process (for example, whether the individual is in custody, or the terms, if any, upon which he or she has been released from custody).

5. The date of the release or impending release of the individual from custody in relation to the offence, including any release on parole or temporary absence.

7. Subsection 62 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to a victim the following information about an individual who is alleged to have committed the offence, if the victim requests the information:

. . . . .

8. (1) Subsection 63 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual in the circumstances described in subsection (2) to,

. . . . .

(2) Subsection 63 (3) of the Regulation is revoked and the following substituted:

(3) In disclosing personal information under this section to an agency that is not engaged in the protection of the public or the administration of justice, the person making the disclosure shall follow the procedures set out in any memorandum of understanding entered into between the agency and the Ontario Parole Board or the Minister, as the case may be.

9. This Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.

 

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