18. (1) Definition of "work release" - In this section, "work release" means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

      (2) Work releases may be authorized - Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,

the inmate will not, by reoffending, present an undue risk to society during a work release,

it is desirable for the inmate to participate in a structured program of work or community service in the community,

the inmate's behaviour while under sentence does not preclude authorizing the work release, and

a structured plan for the work release has been prepared,

the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

      (3) Conditions - The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

      (4) Suspension or cancellation - The institutional head may suspend or cancel a work release either before or after its commencement.

      (5) Reasons to be given - The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a work release.

      (6) Warrant - Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

[1992, c. 20, s. 18; 1995, c. 22, s. 13, c. 42, ss. 8, 71(F); 1998, c. 35, s. 109; 2000, c. 24, s. 35.]

Corresponding Regulations: Sections 9-10 Escorted Temporary Absences and Work Releases

Doran v. Canada (Correctional Services) - (1996), 108 F.T.R. 93, [1996] F.C.J. No.304 (F.C.T.D.)

- This was an application for judicial review and for an order setting aside the decision of the respondent CSC dated on or about November 28, 1994 to deduct amounts for room and board from income paid to the applicants from "non-Treasury Board sources". Each applicant had been employed with an outside employer under a work release arrangement during his incarceration. On or about November 25, 1994 the applicants and other inmates in similar work situations received a memorandum from the Warden of the Frontenac Institution which stated that inmates who are currently on work release would be required to pay room and board, and that, as a condition of work release, they would be required to sign a form consenting to the deduction of such payments. Those who did not consent to this deduction would have their work release cancelled. In allowing the application, the court was of the view that at the time the express provisions of s78 and paragraph 96(z.2) clearly indicated that Parliament intended to grant the Commissioner the authority to make deductions for room and board only where an inmate receives his or her pay as authorized by the Commissioner at rates approved by the Treasury Board. The Commissioner was not expressly authorized to make deductions where inmates received payments from sources other than those described in sections 78(1). The CSC could not rely on the consent form signed by the applicants to deduct room and board from their pay. A statutory authority, as are the respondents, has no power to act, by contract or acquiescence of another, beyond the powers authorized by its enabling legislation. Effective January 24, 1996, section 78 of the CCRA has been amended in such a way that the Commissioner would be authorized to make such deductions.