Commissioner's Directive

Interjurisdictional and CCRA Section 81 Agreements

PURPOSE

  • To provide a framework for the negotiation, management and delivery of correctional services and programs to offenders under federal or provincial/territorial jurisdiction through:

APPLICATION

Applies to staff and offenders involved in and/or affected by interjurisdictional Exchange of Service Agreements and CCRA section 81 agreements

RESPONSIBILITIES

  1. The following persons have the authority to establish Guidelines (GL) that must be followed in support of this policy [the GL provide direction on the negotiation, implementation, management, and reporting on the interjurisdictional Exchange of Service Agreements (ESAs) and CCRA section 81 agreements]:
    1. the Senior Deputy Commissioner, for GL 541-2 – Negotiation, Implementation and Management of CCRA Section 81 Agreements
    2. the Director General, Executive Secretariat, for GL 541-1 – Interjurisdictional Exchange of Service Agreements.
  2. The Assistant Commissioner, Corporate Services, is responsible for:
    1. ensuring that ESAs and CCRA section 81 agreements adhere to relevant Treasury Board financial policies
    2. seeking incremental resources through the Treasury Board
    3. developing appropriate submissions to obtain Governor in Council approval based on content provided by the Regional Deputy Commissioner and the Director General, Executive Secretariat
    4. allocating resources for ESAs and CCRA section 81 agreements
    5. providing recommendations to the Commissioner on resource requirements for ESAs and CCRA section 81 agreements.
  3. The Director General, Aboriginal Initiatives, will provide corporate management of section 81 agreements pertaining to offenders and Aboriginal communities. He/she is responsible for ensuring the following:
    1. consistent national application of the section 81 component of this policy
    2. effective planning with respect to section 81 extension, renewal or negotiation/notification requirements and Treasury Board approval expiry
    3. coordination of the appropriate submissions to obtain Treasury Board approval, between the Regional Deputy Commissioner and the Assistant Commissioner, Corporate Services, when required
    4. the establishment and maintenance of a section 81 monitoring system to track national bed utilization and expenditure data and any other data, as determined by senior management
    5. operational protocols adhere to the policy elements of section 81 agreements.
  4. The Director General, Executive Secretariat, will provide corporate management of ESAs for the accommodation of and services for offenders. He/she will ensure the following:
    1. consistent national application of the ESA component of this policy
    2. effective planning with respect to ESA extension, renewal or negotiation/notification requirements and Order in Council expiry
    3. coordination of the appropriate submissions to obtain Governor in Council approval, between the Regional Deputy Commissioner and the Assistant Commissioner, Corporate Services, when required
    4. the establishment and maintenance of an ESA monitoring system to track national bed utilization and expenditure data and any other data, as required
    5. the transmission of information associated with operational best practices to the Commissioner for approval prior to distribution to provincial/territorial counterparts
    6. a repository of decisions, actions taken and/or information shared between the Regional Deputy Commissioner and his/her provincial/territorial counterparts is maintained by the Director, Intergovernmental Relations.
  5. The Regional Deputy Commissioner is responsible for the negotiation and day-to-day management of ESAs. He/she will foster relationships with the provinces/territories, identify ESA requirements and ensure the following:
    1. timely identification and resolution of interjurisdictional issues
    2. adherence of operational protocols or procedures to the policy elements of the ESAs
    3. strategic management of negotiations and implementation of ESAs
    4. information required to develop appropriate submissions to obtain Governor in Council approval is forwarded to the Assistant Commissioner, Corporate Services, in collaboration with the Director General, Executive Secretariat
    5. operational management of ESAs, in accordance with the terms and conditions of the agreements
    6. consultation of all sectors impacted by an ESA (e.g. Women Offender, Health Services, etc.)
    7. the Director, Intergovernmental Relations, is provided with a copy of the Joint Management Committee meeting schedule, agendas and minutes, so that a record of decisions and actions taken is maintained for future negotiations and audit purposes
    8. information requests from the provincial/territorial governments, associated with operational best practices, is forwarded to the Director, Intergovernmental Relations, to coordinate a response. The Director, Intergovernmental Relations, will then obtain approval from the Commissioner prior to releasing the information to the provincial/territorial counterpart
    9. the administrative management of the agreement once it is in place, through:
      1. monitoring of financial information
      2. quarterly reporting to the Director General, Executive Secretariat, by the 15th business day after the end of each quarter using templates distributed by the Director General, Executive Secretariat
      3. provision of input to the national Offender Management System, the Integrated Financial and Material Management System and the Resource Management Tool to capture bed utilization statistics and financial status reports pertaining to ESAs
      4. periodic audit of agreements.
  6. The Regional Deputy Commissioner is also responsible for the operational management of section 81 agreements. He/she must:
    1. foster and maintain relationships with Aboriginal communities and section 81 facilities, as well as regularly exchange information with them
    2. identify requirements and participate in the negotiations
    3. assess new section 81 proposals and provide a rationale supporting acceptance or rejection of the proposal
    4. ensure information required to develop appropriate submissions to obtain Governor in Council approval is forwarded to the Assistant Commissioner, Corporate Services, in collaboration with the Director General, Aboriginal Initiatives
    5. manage section 81 agreements
    6. monitor financial information, prepare annual reports, conduct periodic audits of section 81 agreements, and provide additional information requested by senior management
    7. ensure all sectors impacted by a section 81 agreement are consulted (e.g. Women Offender, Health Services, etc.)
    8. authorize offender transfers to section 81 facilities
    9. forward all information requests from the provincial/territorial governments associated with operational best practices to the Director, Intergovernmental Relations, to coordinate a response. The Director, Intergovernmental Relations, will then obtain approval from the Commissioner prior to releasing the information to the provincial/territorial counterpart.
  7. In agreements where electronic information sharing is a component, the Regional Deputy Commissioner should consult with CSC’s Chief Information Officer and Departmental Security Officer (DSO) to ensure administrative, technical and physical security requirements with regard to information sharing are incorporated within the scope of the agreement.
  8. Pursuant to GL 710-2-1 - CCRA Section 81: Admission and Transfer of Offenders, the offender is responsible for initiating the request for a transfer.
  9. Once the transfer of an offender under an ESA has taken place, pursuant to subsection 16(3) of the CCRA and subsection 5(3) of the Prisons and Reformatories Act, the offender is subject to all the statutes, regulations and rules applicable in the penitentiary in which the offender is confined.

ENQUIRIES

  1. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original Signed by:
Don Head

Annex A

CROSS-REFERENCES

DEFINITIONS

Exchange of Service Agreement (ESA): an agreement between the Minister of Public Safety and Emergency Preparedness and provincial/territorial governments regarding the temporary detention, transfer and community supervision of offenders. ESAs detail the roles and responsibilities of each jurisdiction and include specific protocols regarding per diem rates, offender information sharing, and invoicing.

Section 81 Agreement: an agreement entered into by the Minister of Public Safety and Emergency Preparedness, or a person authorized by the Minister, with an Aboriginal community for the provision of correctional services to Aboriginal offenders.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.