The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 12

Correctional Services Act (amended)

An Act to Amend Chapter 37 of the Acts of 2005, the Correctional Services Act

Introduced by:
Honourable Lena Metlege Diab
Minister of Justice

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) October 14, 2014
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement November 20, 2014
2014 Statutes, Chapter 46

Explanatory Note

Clause 1

(a) removes the definition of “assistant probation officer” as the position no longer exists;

(b) amends the definition of “committal order” to include an order prescribed in the regulations; and

(c) replaces the definition of “electronic monitoring” with a broader definition of “electronic supervision”.

Clause 2 replaces “electronic monitoring” with “electronic supervision” under the powers of the Minister.

Clause 3 removes a redundant reference to “assistant probation officers”.

Clause 4 clarifies that interest earned on any money held in trust for an offender or for the general benefit of offenders may only be used for the general benefit of offenders.

Clause 5 eliminates unnecessary words.

Clause 6 rewords the provision concerning the appointment of probation officers to remove assistant probation officers.

Clause 7 adds video visitation to the types of visitation the superintendent may allow for an offender in custody.

Clause 8 updates the provision concerning telephone communications to

(a) include video and electronic communications; and

(b) allow the Minister to prescribe persons whose communications with an offender in custody may not be restricted, intercepted, monitored or recorded.

Clause 9

(a) allows the Minister to prescribe persons whose correspondence with an offender in custody may not be inspected; and

(b) broadens “correspondence” to include correspondence produced, recorded or stored by graphic, electronic, mechanical or other means.

Clause 10 provides that offenders are subject to the rules and regulations applicable to an offender in custody while they are being transported and adds locations to which they may be transported.

Clauses 11 and 12 remove the references to an “assistant probation officer”.

Clause 13 removes the necessity for the Executive Director to provide a victim, a victim’s parent, guardian, spouse or child or another person with information respecting a routine temporary transfer.

Clause 14 amends the Minister’s regulation-making powers to

(a) prescribe orders that will be included in the definition of committal orders;

(b) remove two references to assistant probation officers;

(c) add the authority to prescribe locations to or from which offenders may be transported;

(d) limit the Crown’s liability with respect to any loss or damage to an offender’s property while offender is in a correctional facility; and

(e) add video and electronic forms of communication to the subclauses respecting a superintendent’s power to restrict or monitor an offender’s communications.