Corrections Act

CHAPTER 103

OF THE

REVISED STATUTES, 1989

amended 1990, c. 19, s. 36; 1994-95, c. 7, s. 16;
2000, c. 4, ss. 5, 6; 2001, c. 4, s. 7; 2005, c. 37, s. 96;
2005, c. 42, s. 85; 2008, c. 2, s. 3; 2009, c. 29, ss. 6, 7;
2010, c. 37, ss. 44-64; 2011, c. 8, s. 4; 2011, c. 10, ss. 10-18;
2011, c. 56

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An Act Respecting
Correctional Services and Facilities

Short title

1 This Act may be cited as the Corrections Act. R.S., c. 103, s. 1.

2 repealed 2005, c. 37, s. 96.

Interpretation

3 In this Act,

(a) "committal order" means a court order for the committal of a person to a correctional facility or a federal penitentiary;

(b) "correctional facility" means a jail, prison, correctional centre, facility or place designated or established pursuant to this Act for the custody of offenders but does not include a lock-up facility;

(c) "custody" means detention, physical care or control pursuant to a committal order or an arrest;

(d) repealed 2005, c. 37, s. 96.

(e) "lock-up facility" means a police or court facility for the custody of an offender upon arrest, pending a transfer to a correctional facility or pending a court hearing;

(f) "municipality" means a city, incorporated town or municipality of a county or district;

(g) "prescribed" means prescribed by the regulations. R.S., c. 103, s. 3; 2005, c. 37 s. 96.

PART I

CORRECTIONS

Interpretation of Part

4 In this Part,

(a) repealed 2011, c. 56, s. 1.

(b) "Minister" means the Minister of Justice;

(c) "municipality" includes a board or commission of the municipality and includes a regional authority or joint expenditure board of which the municipality is a member;

(d) repealed 2011, c. 56, s. 1.

R.S., c. 103, s. 4; 2010, c. 37, s. 44; 2011, c. 56, s. 1.

Supervision of Part

5 The Minister has the general supervision and management of this Part. R.S., c. 103, s. 5.

Personnel

6 to 8 repealed 2011, c. 56, s. 1.

9 and 10 repealed 2010, c. 37, s. 47.

11 repealed 2011, c. 56, s. 1.

Authority of Minister and municipalities

12 (1) With the approval of the Governor in Council,

(a) and (b) repealed 2006, c. 37, s. 96.

(c) a member of the Executive Council may enter into an agreement with a municipality respecting the takeover of correctional facilities and, without limiting the generality of the foregoing, respecting the conveyance, re-conveyance or leasing of correctional facilities;

(d) repealed 2006, c. 37, s. 96.

(2) A municipality has all necessary power and authority to carry out the agreement referred to in subsection (1) and, notwithstanding any other special or general Act, may convey or lease real property pursuant to subsection (1) without the consent of the Minister of Municipal Affairs. R.S., c. 103, s. 12; 2006, c. 37, s. 96.

13 to 19 repealed 2006, c. 37, s. 96.

Inspection of lock-ups

20 (1) The Minister, or a person authorized by the Minister to act on the Minister's behalf, may at any time inspect a lock-up facility.

(2) Where the Minister or person authorized by the Minister inspects a lock-up facility and, in the opinion of the Minister or the person so authorized, the lock-up facility does not meet prescribed standards, the Minister or person so authorized may make recommendations to the municipality operating the lock-up facility for changes to make the lock-up facility comply with the standards.

(3) Where the Minister or a person authorized by the Minister makes recommendations pursuant to this Section and those recommendations are not implemented within a reasonable time having regard to the nature of the recommendations, the Minister or person authorized by the Minister may close the lock-up facility or implement the recommendations or both.

(4) Where the Minister or a person authorized by the Minister closes a lock-up facility pursuant to this Section, the Minister or person so authorized shall transfer all persons detained in the lock-up facility to a correctional facility, or to the lock-up facility of a municipality with the agreement of the municipality operating the lock-up facility to which the persons are transferred, until the lock-up facility is re-opened and upon such transfer to a correctional facility such persons are and are deemed to be inmates of the correctional facility for the purpose of this Part.

(5) Where the Minister or person authorized by the Minister transfers persons to a correctional facility or a lock-up facility pursuant to subsection (4), the municipality operating the lock-up facility from which the persons are transferred shall reimburse the Minister, and where applicable the municipality operating the lock-up facility to which the persons are transferred, for all expenses or costs incurred to transfer the persons or resulting from the transfer.

(6) Where the Minister or person authorized by the Minister implements recommendations in respect of a lock-up facility in accordance with this Section, the municipality operating the lock-up facility shall reimburse the Minister for all expenses or costs incurred to implement the recommendations. R.S., c. 103, s. 20.

Municipal lock-up

21 (1) and (2) repealed 2005, c. 37, s. 96.

(3) Every municipality shall provide a lock-up facility for the municipality or enter into an agreement with the Minister for the provision by the Minister of the services of a correctional facility for a lock-up facility. R.S., c. 103, s. 21; 2005, c. 37, s. 96.

Regulations

22 (1) The Governor in Council may make regulations

(a) to (c) repealed 2005, c. 37, s. 96.

(d) respecting the operation, management, supervision, administration and inspection of lock-up facilities;

(e) to (z) repealed 2005, c. 37, s. 96.

(aa) to (ac) repealed 2011, c. 56, s. 1.

(ad) defining any word or expression used in this Act and not defined herein;

(ae) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.

(2) and (3) repealed 2011, c. 56, s. 1.

(4) The exercise by the Governor in Council of the authority contained in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 103, s. 22; 2005, c. 37, s. 96; 2011, c. 56, s. 1.

23 repealed 2011, c. 56. s. 1.

PART II

MUNICIPAL CONTRIBUTION

Interpretation of Part

24 In this Part,

(a) "base year costs" means the base year costs set out in Schedule B to this Act for a municipality;

(b) "dwelling unit" means a dwelling unit as defined by the Municipal Grants Act;

(c) "first fiscal year" means the fiscal year commencing on the first day of April, 1986;

(d) "fiscal year" means the fiscal year of the Province;

(e) "Minister" means the Minister of Municipal Affairs;

(f) "uniform assessment" means uniform assessment as calculated pursuant to the Municipal Grants Act. R.S., c. 103, s. 24.

Supervision of Part

25 The Minister has the general supervision and management of this Part. R.S., c. 103, s. 25.

Total municipal contributions

26 (1) The total annual municipal corrections contribution for the first fiscal year is eleven million, two hundred and thirty-nine thousand, nine hundred and fifty-seven dollars.

(2) In each fiscal year commencing after the first fiscal year, the total annual municipal corrections contribution is the greater of

(a) the contribution for the first fiscal year; and

(b) the contribution for the immediately preceding fiscal year varied by the same proportion as the total operating grants to municipalities pursuant to the Municipal Grants Act.

(3) Notwithstanding subsection (2), in the fiscal year commencing April 1, 1995, and subsequent fiscal years, the total annual municipal corrections contribution is the contribution for the immediately preceding fiscal year varied by the same percentage as the variation in the cost of living over the immediately preceding calendar year as measured by the change in the Consumer Price Index for Canada prepared by Statistics Canada.

(4) Notwithstanding subsections (2) and (3), the total annual municipal corrections contribution shall be

(a) for the fiscal year commencing April 1, 2008, the contribution for the immediately preceding fiscal year;

(b) for the fiscal year commencing April 1, 2009, the contribution for the immediately preceding fiscal year;

(c) for the fiscal year commencing April 1, 2010, eighty per cent of the contribution for the fiscal year commencing April 1, 2009;

(d) for the fiscal year commencing April 1, 2011, sixty per cent of the contribution for the fiscal year commencing April 1, 2009;

(e) for the fiscal year commencing April 1, 2012, and subsequent fiscal years, the same contribution as for the fiscal year commencing April 1, 2010.

(f) and (g) repealed 2011, c. 8, s. 4.

R.S., c. 103, s. 26; 1990, c. 19, s. 36; 1994-95, c. 7, s. 16; 2008, c. 2, s. 3; 2011, c. 8, s. 4.

Annual municipal contribution

27 Each municipality shall pay in each fiscal year an annual municipal corrections contribution equal to

(a) for the first five fiscal years to which this Part applies, its contribution for the fiscal year calculated pursuant to Section 28 minus its transitional expenditure guarantee for the fiscal year calculated pursuant to Section 29; and

(b) thereafter, its contribution for the fiscal year calculated pursuant to Section 28. R.S., c. 103, s. 27.

Calculation of contribution

28 A municipality's annual municipal corrections contribution is the sum of

(a) fifty per cent of the total annual municipal corrections contribution divided by the total uniform assessment for all municipalities multiplied by the uniform assessment for the municipality; and

(b) fifty per cent of the total annual municipal corrections contribution divided by the total number of dwelling units for all municipalities multiplied by the number of dwelling units in the municipality. R.S., c. 103, s. 28.

Transitional expenditure guarantee

29 (1) A municipality's transitional expenditure guarantee for the first fiscal year equals the amount, if any, by which the municipality's annual municipal corrections contribution for the fiscal year calculated pursuant to Section 28 exceeds its base year costs.

(2) A municipality's transitional expenditure guarantee for each fiscal year after the first fiscal year equals the lesser of

(a) the municipality's transitional expenditure guarantee for the immediately preceding fiscal year; and

(b) the amount, if any, by which the municipality's annual municipal corrections contribution for that fiscal year calculated pursuant to Section 28 exceeds its base year costs.

(3) This Section does not apply after the thirty-first day of March, 1991. R.S., c. 103, s. 29.

Payment

30 (1) A municipality shall pay its annual municipal corrections contribution in four equal, quarterly instalments in April, July, October and January of each fiscal year.

(2) Any amount owing to the Province by a municipality is a first charge on the municipality's entitlement to a grant pursuant to the Municipal Grants Act. R.S., c. 103, s. 30.

Payment of debt charges

31 (1) In this Section, "debt charges" means the principal and interest, other than arrears of principal and interest, on debentures issued or other borrowings incurred by a municipality or the Metropolitan Authority for any purpose related to the capital costs of construction of correctional centres and county jails, except that in the case of the Metropolitan Authority "debt charges" means the interest only on outstanding sinking fund debentures.

(2) On the first day of April, 1986, and in accordance with an agreement entered into pursuant to subsection (1) of Section 12, the Province shall assume the payment of all debt charges.

(3) Where a correctional facility is returned to a municipality, the Province shall cease the payment of debt charges in respect of the facility.

(4) Where the Province leases a building or facility or part thereof or land from a municipality for a correctional facility, the Province shall pay the portion of the debt charges applicable to the leased space during the life of the lease. R.S., c. 103, s. 31.

Regulations

32 (1) The Governor in Council may make regulations

(a) defining any word or expression used in this Part and not defined herein;

(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 103, s. 32.

PART III

GENERAL

For greater certainty

33 For greater certainty, every contract, conveyance, act or proceeding entered into, executed, done or taken to give effect to the takeover of correctional facilities by Her Majesty in right of the Province is and is deemed to be valid and have force and effect and be binding upon every person affected by it to the same extent as if Chapter 6 of the Acts of 1986 were enacted prior to the time the contract, conveyance, act or proceeding was entered into, executed, done or taken. R.S., c. 103, s. 33.

SCHEDULE A repealed 2011, c. 56, s. 1.

SCHEDULE B

BASE YEAR COSTS

Cities

City of Dartmouth 1,054,708

City of Halifax 2,178,053

City of Sydney 694,902

Towns

Town of Amherst 159,018

Town of Annapolis Royal 4,065

Town of Antigonish 68,211

Town of Bedford 42,153

Town of Berwick 12,112

Town of Bridgetown 6,695

Town of Bridgewater 89,564

Town of Canso 12,484

Town of Clark's Harbour 2,255

Town of Digby 25,337

Town of Dominion 28,339

Town of Glace Bay 362,930

Town of Hantsport 15,307

Town of Kentville 107,418

Town of Liverpool 75,743

Town of Lockeport 14,853

Town of Louisbourg 27,386

Town of Lunenburg 22,224

Town of Mahone Bay 8,556

Town of Middleton 9,991

Town of Mulgrave 10,171

Town of New Glasgow 104,827

Town of New Waterford 103,116

Town of North Sydney 139,076

Town of Oxford 24,412

Town of Parrsboro 22,830

Town of Pictou 29,774

Town of Port Hawkesbury 58,677

Town of Shelburne 19,972

Town of Springhill 63,375

Town of Stellarton 45,526

Town of Stewiacke 7,428

Town of Sydney Mines 106,212

Town of Trenton 27,602

Town of Truro 23,868

Town of Westville 22,565

Town of Windsor 26,704

Town of Wolfville 31,585

Town of Yarmouth 201,994

Rural Municipalities

Municipality of the County of Annapolis 73,149

Municipality of the County of Antigonish 106,510

Municipality of the District of Argyle 78,288

Municipality of the District of Barrington 16,584

Municipality of the County of Cape Breton 919,470

Municipality of the District of Chester 90,898

Municipality of the District of Clare 34,107

Municipality of the County of Colchester 214,221

Municipality of the County of Cumberland 257,614

Municipality of the District of Digby 99,825

Municipality of the District of Guysborough 62,100

Municipality of the County of Halifax 1,102,346

Municipality of the District of East Hants 96,020

Municipality of the District of West Hants 84,300

Municipality of the County of Inverness 195,338

Municipality of the County of Kings 600,344

Municipality of the District of Lunenburg 159,053

Municipality of the County of Pictou 263,477

Municipality of the County of Queens 105,895

Municipality of the County of Richmond 95,480

Municipality of the District of Shelburne 42,376

Municipality of the District of St. Mary's 14,202

Municipality of the County of Victoria 141,918

Municipality of the District of Yarmouth 94,424

R.S., c. 103, Sch. B.

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