11. An institutional head shall ensure that an inmate is informed in writing of the reasons for the placement of the inmate in a particular penitentiary and that the inmate is given an opportunity to make representations with respect thereto,

where the penitentiary placement process takes place in a provincial correctional facility, within two weeks after the initial placement of the inmate in a penitentiary; or

where the penitentiary placement process takes place in a penitentiary, before the transfer of the inmate to the assigned penitentiary but after the initial reception process.

12. Before the transfer of an inmate pursuant to section 29 of the Act, other than a transfer at the request of the inmate, an institutional head or a staff member designated by the institutional head shall

give the inmate written notice of the proposed transfer, including the reasons for the proposed transfer and the proposed destination;

after giving the inmate a reasonable opportunity to prepare representations with respect to the proposed transfer, meet with the inmate to explain the reasons for the proposed transfer and give the inmate an opportunity to make representations with respect to the proposed transfer in person or, if the inmate prefers, in writing;

forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1) (b); and

give the inmate written notice of the final decision respecting the transfer, and the reasons for the decision,

at least two days before the transfer if the final decision is to transfer the inmate, unless the inmate consents to a shorter period; and

within five working days after the decision if the final decision is not to transfer the inmate.

13. (1) Section 12 does not apply where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the security of the penitentiary or the safety of the inmate or any other person.

    (2) Where the Commissioner or a staff member designated in accordance with paragraph 5(1)(b) determines that it is necessary to immediately transfer an inmate for the reasons set out in subsection (1), the institutional head of the penitentiary to which the inmate is transferred or a staff member

meet with the inmate not more than two working days after the transfer to explain the reasons for the transfer and give the inmate an opportunity to make representations with respect to the transfer in person or, if the inmate prefers, in writing;

forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

give the inmate, within five working days after the final decision, written notice of the final decision respecting the transfer and the reasons for the decision.

14. Where an inmate is transferred pursuant to section 29 of the Act for assessment purposes and after the assessment a recommendation is made to keep the inmate in the penitentiary in which the assessment was made, the institutional head of that penitentiary or a staff member designated by the institutional head shall

give the inmate written notice of the recommendation, including the reasons for the recommendation;

after giving the inmate a reasonable opportunity to prepare representations with respect to the recommendation, meet with the inmate to explain the reasons for the recommendation and give the inmate an opportunity to make representations with respect to the recommendation in person or, if the inmate prefers, in writing;

forward the inmate's representations to the Commissioner or to a staff member designated in accordance with paragraph 5(1)(b); and

give the inmate written notice of the final decision respecting the recommendation and the reasons for the decision, within two working days after the final decision.

15. Where an inmate submits a request for a transfer referred to in section 29 of the Act, the Commissioner or a staff member designated in accordance with paragraph 5(1) (b) shall consider the request and give the inmate written notice of the decision, within 60 days after the submission of the request, including the reasons for the decision if the decision is to deny the request.

16. Every transfer of an inmate made pursuant to section 29 of the Act shall be effected by a warrant to transfer signed by the Commissioner or by a staff member designated in accordance with paragraph 5(1)(b).

Corresponding Act: Sections 28-29 Placement and Transfers