Corrections Act

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2 repealed 2005, c. 37, s. 96.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(d) repealed 2005, c. 37, s. 96.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

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(a) repealed 2011, c. 56, s. 1.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(d) repealed 2011, c. 56, s. 1.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

6 to 8 repealed 2011, c. 56, s. 1.

9 and 10 repealed 2010, c. 37, s. 47.

11 repealed 2011, c. 56, s. 1.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(a) and (b) repealed 2006, c. 37, s. 96.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(d) repealed 2006, c. 37, s. 96.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 and Housing. R.S., c. 103, s. 12; 2006, c. 37, s. 96; O.I.C. 2021-209.

13 to 19 repealed 2006, c. 37, s. 96.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

Interpretation of Part

24 In this Part,

(a) to (c) repealed 2023, c. 14, s. 2.

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

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

(f) repealed 2023, c. 14, s. 2.

R.S., c. 103, s. 24; 2023, c. 14, s. 2.

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) Subject to subsection (2), each municipality shall pay in each fiscal year a contribution towards the expense incurred by the Province for corrections as determined by a calculation prescribed by the regulations.

(2) Subsection (1) does not apply to a municipality exempted by the regulations.

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

(4) Any amount of a contribution owing to the Province by a municipality under this Section is a first charge on the municipality's entitlement to a grant pursuant to the Municipal Grants Act. 2023, c. 14, s. 3.

27 to 30 repealed 2023, c. 14, s. 3.

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 for any purpose related to the capital costs of construction of correctional centres and county jails.

(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; 2023, c. 14, s. 4.

Regulations

32 (1) The Governor in Council may make regulations

(a) respecting the calculation of the contribution referred to in subsection 26(1) payable by a municipality or class of municipality;

(aa) exempting a municipality or class of municipality from the requirement to pay a contribution under subsection 26(1);

(ab) 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; 2023, c. 14, s. 5.

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 His 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.

Cities

City of Dartmouth City of Halifax City of Sydney

1,054,708 2,178,053 694,902

Towns

Town of Amherst Town of Annapolis Royal Town of Antigonish Town of Bedford Town of Berwick Town of Bridgetown Town of Bridgewater Town of Canso Town of Clark's Harbour Town of Digby Town of Dominion Town of Glace Bay Town of Hantsport Town of Kentville Town of Liverpool Town of Lockeport Town of Louisbourg Town of Lunenburg Town of Mahone Bay Town of Middleton Town of Mulgrave Town of New Glasgow Town of New Waterford Town of North Sydney Town of Oxford Town of Parrsboro Town of Pictou Town of Port Hawkesbury Town of Shelburne Town of Springhill Town of Stellarton Town of Stewiacke Town of Sydney Mines Town of Trenton Town of Truro Town of Westville Town of Windsor Town of Wolfville Town of Yarmouth

159,018 4,065 68,211 42,153 12,112 6,695 89,564 12,484 2,255 25,337 28,339 362,930 15,307 107,418 75,743 14,853 27,386 22,224 8,556 9,991 10,171 104,827 103,116 139,076 24,412 22,830 29,774 58,677 19,972 63,375 45,526 7,428 106,212 27,602 23,868 22,565 26,704 31,585 201,994

Rural Municipalities

Municipality of the County of Annapolis Municipality of the County of Antigonish Municipality of the District of Argyle Municipality of the District of Barrington Municipality of the County of Cape Breton Municipality of the District of Chester Municipality of the District of Clare Municipality of the County of Colchester Municipality of the County of Cumberland Municipality of the District of Digby Municipality of the District of Guysborough Municipality of the County of Halifax Municipality of the District of East Hants Municipality of the District of West Hants Municipality of the County of Inverness Municipality of the County of Kings Municipality of the District of Lunenburg Municipality of the County of Pictou Municipality of the County of Queens Municipality of the County of Richmond Municipality of the District of Shelburne Municipality of the District of St. Mary's Municipality of the County of Victoria Municipality of the District of Yarmouth

73,149 106,510 78,288 16,584 919,470 90,898 34,107 214,221 257,614 99,825 62,100 1,102,346 96,020 84,300 195,338 600,344 159,053 263,477 105,895 95,480 42,376 14,202 141,918 94,424

R.S., c. 103, Sch. B.

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