Commissioner's Directive

Interjurisdictional Exchange of Services Agreements

---

Policy Bulletin 115

---

1. OBJECTIVE OF THESE GUIDELINES

These Guidelines provide corporate direction for the negotiation, implementation and management of Exchange of Services Agreements (ESA) between the Correctional Service of Canada (CSC) and provincial/territorial jurisdictions, with the exception of agreements with Aboriginal communities, as described in sections 81 and 84 of the Corrections and Conditional Release Act (CCRA).

2. DEFINITIONS

"Inmate" means a person as described in subsection 2(1) of the CCRA.

"Offender" means a person as described in subsection 2(1) of the CCRA.

"Prisoner" means a person, other than a child or a young person, sentenced to a term of less than two years, as described in subsection 2(1) of the Prisons and Reformatories Act.

"Transfer agreement" means an agreement between the federal and provincial or territorial governments which authorizes the placement of inmates in provincial or territorial institutions and/or of prisoners in penitentiaries to serve their sentence.

"Temporary detention agreement" means an agreement between the federal and provincial or territorial governments which provides for the temporary custody of an offender in a provincial or territorial institution, for such reasons as the suspension of a conditional release or a delayed reception at a penitentiary following sentencing.

"Community correctional services agreement" means an agreement between the federal and provincial or territorial governments which provides for the delivery to offenders of some or all community correctional services, both residential and non-residential, in that province or territory.

3. PURPOSE AND PRINCIPLES

3.1 COMMON TYPES OF AGREEMENTS

3.1.1 Transfer Agreements

Purpose

The purpose of interjurisdictional transfer agreements is to provide services and benefits to offenders in a cost-effective manner, which will assist offenders to become law-abiding citizens.

Objectives

Provided that the safety of the public is not jeopardized, interjurisdictional transfer agreements may be entered into in order to facilitate and enhance the realization of such inmate-related objectives as:

• keeping offenders closer to their home community, in recognition of the value of family and community relationships;
• meeting the cultural needs of individuals and minority groups;
• providing adequate protection and services for offenders who cannot otherwise be maintained in the general population in a correctional facility;
• providing access to a specific program or service which will enhance the offender's potential for reintegration into the community;
• enabling offenders to exercise their legal rights in relation to their conviction and sentence.

Principles

Transfers between jurisdictions should normally be on a voluntary basis. An interjurisdictional transfer shall be conducted in accordance with the principles of the duty to act fairly, as provided for in Commissioner's Directive 541 (Interjurisdictional Agreements) and in the Case Management Policies.

3.1.2 Temporary Detention Agreements

Purpose

The purpose of temporary detention agreements is to facilitate the administration of justice in a manner which is least disruptive of the offender's life and most supportive of effective case management, as well as to ensure the offender's legal rights are exercised in a cost-effective manner.

Objectives

The temporary detention of a federally sentenced offender is normally effected to facilitate and enhance:

• effective and timely execution and decision-making with respect to warrants of suspension by keeping the offender in his home community during this process;
• effective exercise by offenders of their legal rights such as access to counsel, in particular after the expiration of 15 days after the day of sentencing (refer to section 12 of CCRA).

Principles

• Agreements for temporary detention accommodation shall reflect the CSC's general responsibility to ensure federally sentenced offenders can effectively exercise their legal rights.
• Agreements for temporary detention accommodation shall reflect the CSC's statutory responsibility, particularly with respect to the initiation and termination of such detention.

3.1.3 Community Correctional Services Agreements

Purpose

The purpose of community correctional services agreements is to facilitate and support the reintegration of the offender as a law-abiding citizen in accordance with the law, in a cost-effective manner.

Objectives

The timeliness and effectiveness of appropriate means of intervention and assistance in the community can be enhanced through interjurisdictional agreements by:

• facilitating access to the provincial/territorial interdepartmental social services network by consolidating community correctional services to the greatest extent possible;
• enhancing the potential for cooperative interjurisdictional development of community correctional support programs.

Principles

Community correctional services must be measured or confirmed through audits and operational reviews.

• The offender's rights and opportunities shall not be diminished by virtue of the external delivery of services.
• Notwithstanding the external delivery of community correctional services, CSC retains its general responsibility to ensure the best possible correctional services to offenders under its mandate as articulated in the Mission Document.
• The external delivery of services must meet the requirements of the National Parole Board, in accordance with CSC's objective to support achievement of the National Parole Board's Mission.

4. ROLES AND RESPONSIBILITIES

4.1 ORGANIZATIONAL STRUCTURE

4.1.1 Typical Organizational Structure of a Negotiation Project

Negotiation projects are typically organized in a bilateral manner, which is with a working group comprised of both national and regional officials, reporting to a steering committee of senior managers.

The working group acts as negotiating team, conducting detailed analyses and developing the proposed terms to be included in the agreement. The specific composition of a working group, chaired by the Director, Federal-Provincial/Territorial Relations, may vary according to the nature of the agreement, but shall include regional representatives as well as representatives from Finance, Planning, Legal Services and other areas as required (e.g. Construction Policy and Services, Materiel Management, Correctional Programs).

A steering committee may oversee and direct the work of the working group. Suggested members may include the Regional Deputy Commissioner, the Director General of Intergovernmental Affairs, or other senior members as decided by the chair.

4.1.2 Notify Officials of Potential Negotiations

Several steps must be taken to ensure that all individuals involved in the eventual decision-making process are aware of a negotiation.

• CSC requests Solicitor General approval in principle to negotiate. The Minister is provided with an overview of the initial needs analysis.
• Once ministerial approval is received, CSC drafts letters for ministerial signature to the Minister's provincial/territorial counterpart, proposing that negotiation of a mutually satisfactory agreement be initiated, subject to comparative analysis, and suggesting the proposed time frame.
• At the same time, a letter is forwarded from the Commissioner to his counterpart at Treasury Board, for information.

This procedure provides advance warning of items which will eventually require ministerial and Treasury Board approval, and allows for appropriate consultation and involvement, particularly with officials of the Treasury Board Secretariat. The Treasury Board Analyst is kept informed on a regular basis.

5. OVERVIEW OF THE NEGOTIATION PROCESS

5.1 PRE-NEGOTIATION PHASE

5.1.1 Purpose of Pre-Negotiation Phase

The purpose of the pre-negotiation phase is to conduct preliminary research and discussion in order to assess whether an ESA is potentially the most appropriate and cost-effective method of providing specific services and programs for a particular target population of offenders.

5.1.2 Needs Analysis

All ESA must take into account the program, policy and legal considerations of the CSC and the federal government (e.g., Treasury Board regulations). Thus, the needs analysis focuses on the following aspects:

• definition of the target population - might include such variables as location, gender, type of offense, type of sentence, special program requirements, health and/or safety needs, estimated number of offenders;
• scope of the requirement - might include an analysis for an accommodation agreement which establishes the number of beds required and for what period of time, to meet the identified need, taking into account such factors as intake, turnover, rejection and return rates;
• levels and types of service desired to respond to needs of target population for program and follow-up.

Much of the initial information gathering for the needs analysis is done by the regional coordinator on the working group and subsequently analyzed by the working group. Defining these factors leads to a statement of CSC objectives or desired outcomes (i.e. what accommodation, services and/or programs must be provided, for an estimated number and type of offenders in a certain geographic location and for a specific duration).

5.1.3 Management of the Transition to the Negotiation Phase

Following approval in principle to proceed with negotiation, the chair of the working group, in consultation with the regional coordinator, may prepare a negotiation project plan outlining all aspects of the negotiation project, including:

• negotiation objectives;
• project authority - who is accountable for the delivery of the end product(s);
• project organization - key CSC players, their roles and responsibilities, as well as liaison with external agencies (e.g., Treasury Board, provincial or territorial representatives);
• proposed process, preliminary work plan and major milestones/results;
• approval process;
• communications plan - who will be informed of what and by what method, as well as status reports;
• resource allocation for conducting the negotiation - number and type of personnel, number of work days and project budget.

5.2 NEGOTIATION PHASE

The working group is in contact with provincial/territorial officials at the working level to obtain a preliminary idea of their concerns and wishes. As the negotiation proceeds, terms and conditions acceptable to both parties are established, and areas where consensus cannot be reached at the working group level are identified.

The report of the working level negotiation is provided to the steering committee and their provincial counterparts to obtain their approval of areas where mutual agreement has been reached and to conclude the negotiation in areas where the working level could not reach agreement. The working group chair is responsible for ensuring the steering committee is fully briefed prior to steering level negotiation meetings.

5.3 TERMINATION OF AGREEMENTS

Agreements must allow for termination by either party with specified time frame for notice. Agreements with capital contributions allow proportional reimbursement on the cancellation of an agreement, following a time period specified in the agreement.

In negotiating new agreements, the termination clause should include:

• the conditions under which the agreement may be terminated by either party;
• the reimbursement formula which should be used in the event of termination;
• the notification period for termination of an agreement.

• significant changes in federal, provincial or territorial policies that have direct impact on costs;
• significant operational difficulties experienced by either party;
• significant changes in the composition of the federal, provincial or territorial offender population;
• audit or program evaluation findings;
• significant changes in inmate programs or services;
• service no longer required by either party.

If an analysis reveals significant variances between the terms of the agreement and the reality of the cost or level of service, these variances should be resolved with provincial/territorial officials at the operational level prior to suggesting remedial action via re-negotiation of the agreement.

5.4 RENEGOTIATION OR AMENDMENT OF AGREEMENTS

An ESA should include a section that identifies the timing, conditions and basic procedures for renegotiating or amending the terms of the agreement. A re-negotiation or amending process is a smaller-scale version of a negotiation process.

Many ESA delegate authority for reviewing and renegotiating operational matters, usually in annexes. That means operational adjustments to such agreements can be approved at the Commissioner level. However, if the main body of an agreement is to be amended, approval is required at the ministerial level, and perhaps also from external agencies such as the Treasury Board. In conjunction with Finance and Legal Services, the Federal-Provincial/Territorial Relations Division determines the appropriate approval required.

6. CONTENTS AND STRUCTURE OF AGREEMENTS

6.1 EXCHANGE OF SERVICES AGREEMENT

An ESA typically has clauses related to five general sections.

Preamble

• Legal basis and authority for the agreement
• Purpose, objectives and principles of the agreement

Basic terms of the agreement (i.e. mutual responsibilities)

• Definitions
• Types of offenders who may be transferred
• Types of program, service, accommodation, transportation commitments
• Duration of custody
• Financial agreement - amount and terms of payment

Legal and policy considerations

• Jurisdiction
• Liability
• Documentation and records
• Agreement to adhere to all relevant statutes, regulations and policies
• Termination or amendment
• Duration of the agreement
• Reference to related agreements and to attached schedules (appendices)

Authorizing signatures

• Minister or Commissioner and provincial/territorial equivalent

Appendices (setting out operational details and classification of accounts)

An agreement signed by the Minister must receive Ministerial approval for amendments. Amendments which change the scope or costs or have significant cost implications may also require additional Treasury Board authority.

During the term of an agreement, it may be desirable to make adjustments that do not affect the basic intent of the agreement. To allow operational flexibility, the main body of the agreement should delegate authority for amending operational details. This means that detailed operational provisions of the agreement can be amended without a formal ministerial and Treasury Board approval process, thus providing operational flexibility in agreements approved by the Minister.

Some examples of the types of information which can be contained in appendices are:

• notification procedures;
• operating costs;
• programs to be offered;
• standard capacities;
• detailed explanation of the calculation of the per diem payments.

6.2 FINANCIAL CONSIDERATIONS

6.2.1 Develop and Assess Potential Alternatives

When the CSC objectives or desired outcomes have been defined, the estimated costs and benefits of providing services to offenders through an ESA are compared to the estimated costs and benefits of providing such services directly through the federal correctional system.

The cost-benefit analysis includes four main elements:

• compatibility with CSC Mission and principles;
• program implications;
• financial implications;
• CSC plans and policies.

6.2.2 Type of Payment Structure

During the initial analysis, various types of payment structures are assessed. Alternative types of payment structure might include, for example:

• Joint Resourcing Model - may be appropriate for agreements which cover one institution, provide for a significant level of long-term federal usage and a unique operational or program profile.
• Per Diem Model - may be appropriate for agreements where the purchased service is used infrequently or where several facilities are concerned, as is often the case with temporary detention. This model is used where separate institutional rates are established.
• System-Wide Per Diem Model - may be appropriate where usage is dispersed throughout the province/territory. This model reflects federal utilization but is administratively more efficient than separate institutional rates as one per diem rate is used.

6.3 RELATED LEGAL CONSIDERATIONS

6.3.1 Provincial Parole Board Jurisdiction over Transferred Federal Offenders

Currently three provinces have their own Parole Boards: British Columbia, Ontario and Quebec. With two exceptions (life and indeterminate sentences), these provincial Parole Boards are the releasing authority for federal offenders transferred to those provincial jurisdictions. The provinces/territories are responsible, both legally and financially, for the supervision of a transferred federal offender released by provincial Parole Boards.

Transferred offenders are subject to the statutory release and accelerated parole review provisions of the CCRA.

6.3.2 Role of the National Parole Board

As stated in Commissioner's Directive 541 entitled Interjurisdictional Agreements, the National Parole Board shall be consulted prior to a transfer decision for any inmate sentenced to:

1. life imprisonment as a minimum;
2. death, commuted to life imprisonment; or
3. detention in a penitentiary for an indeterminate period.

If the agreement with the province or territory does not contain a clause with respect to section 746.1 of the Criminal Code, prior to executing transfer of such cases, Regional Headquarters shall normally obtain provincial or territorial agreement that for an inmate sentenced to life without eligibility for parole for a specified number of years, the province or territory will not grant unescorted temporary absences nor non-medical escorted temporary absences without the approval of the National Parole Board until the inmate is within three years of parole eligibility.

6.3.3 Contracts - Community Correctional Services

Contracts with non-government agencies authorized under interjurisdictional community correctional services agreements shall comply with the requirements of federal government policies on security and official languages as determined by the Correctional Service of Canada, to the same extent as if the contracts were directly administered by the Correctional Service of Canada.

7. INTERNAL AND EXTERNAL APPROVAL PROCESS

7.1 INTERNAL APPROVAL

During the negotiation or renegotiation phase, ESA shall receive a complete planning, financial and legal services review during and after they are negotiated. This review should examine the issues of consistency and uniformity in agreements and ensure that all aspects of agreements are included in a particular proposal. Approval for the funding of ESA is primarily done through the National Capital, Accommodation and Operations Plan as part of the planning process. In unusual situations, funding approval may be obtained through Supplementary Estimates.

7.2 EXTERNAL APPROVAL

CSC is required by subsection 16(1) of the CCRA to have all federal-provincial agreements signed by the Solicitor General of Canada and approved by the Governor in Council (Privy Council Office).

The approval process is undertaken in the following sequence:

Treasury Board - The Federal-Provincial/Territorial Relations Division prepares a formal submission to enter into an agreement on the part of the Minister. This submission is forwarded to Treasury Board. (An outline of a Treasury Board submission is provided at Annex 'C'.)

Treasury Board representatives should be informed and consulted during the course of a negotiation, to ensure that the content and format of the Treasury Board submission are acceptable within Treasury Board policy.

Privy Council Office - The submission, which is signed by the Minister and includes an order-in-council, is forwarded to the Privy Council Office for approval.

The Privy Council Office and Treasury Board submission includes a copy of the draft agreement and receives an additional legal review as part of the Privy Council Office process.

Following approval by the Treasury Board and Privy Council Office, the ESA is submitted to the Minister for final signature. The agreement is then sent to the Minister's provincial/territorial counterpart for signature.

If any substantive change is made in the agreement, such as the addition of programs/services, then an additional Treasury Board submission and order-in-council is required.

7.3 PROVINCIAL APPROVAL

Provincial and territorial jurisdictions undertake a similar approval process.

7.4 COMMUNICATIONS PLAN

As part of the preparation of the Treasury Board submission for an agreement, a decision is made on the need for a communications plan. The decision is taken in consultation with the Communications Sector at National Headquarters and the plan is developed jointly by Federal-Provincial/Territorial Relations Division.

The communications plan may address the following issues:

• environmental factors;
• key audiences;
• proposed messages;
• steps to be taken to make the information available to the public.

8. IMPLEMENTATION OF AGREEMENTS

The Federal-Provincial/Territorial Relations Division is involved in coordinating and monitoring the implementation phase to ensure that the necessary action is taken as specified in the terms of the agreement.

Once a negotiation process has culminated in the signing of an ESA, the agreement is implemented. The implementation phase, which is a transition between negotiation and management of agreements, has three main purposes:

• reinforce the intent of the agreement, to ensure that the principles and philosophy as well as the legal and financial considerations of an agreement are implemented in the spirit in which they were negotiated;
• transfer the lead role from National to Regional Headquarters;
• integrate the agreement into ongoing corporate planning and management processes.

Once an agreement is executed, a variety of tasks still must be carried out before full operation is realized. Most of these tasks are developmental, for example, the establishment of any committees set out in the agreement.

During the implementation phase, written procedures may be developed by the region for the ongoing management of the agreement.

9. MANAGEMENT OF AGREEMENTS

9.1 JOINT COMMITTEES

9.1.1 Tripartite Committees

Following from the delegation of authority, an agreement may include reference to a tripartite committee of representatives from National Headquarters, Regional Headquarters, and the province/territory (or another arrangement, as deemed appropriate) who will oversee the ongoing management, operation, monitoring and evaluation of the ESA.

9.1.2 Bilateral Meetings and Joint Committees

Regional Headquarters officials may meet periodically at bilateral meetings with provincial/territorial officials for the purpose of reviewing the operation of agreements. Minutes of these meetings should be kept, with a copy provided to the Director General, Intergovernmental Affairs, to ensure that a record of decisions and action taken is clearly documented for future negotiations as well as for audit purposes.

The role of these committees is:

• to manage the agreement;
• to identify issues which affect the successful application of the agreement;
• to resolve issues which are of an operational nature, or to recommend resolution via an amendment to the agreement.

9.2 AUDITS AND EVALUATIONS

An agreement must include mutually acceptable financial reporting requirements and systems, which have been developed through the negotiation process. Periodic audits of a sample of outputs from a provincial/territorial system will verify the accuracy of the system and of provincial/ territorial billing.

Regional audits of specific billing systems and the information gained from the Bed Utilization Monitoring System, established and maintained by the Federal-Provincial/Territorial Relations Division, can be used for two purposes:

• to verify bills;
• to provide data to analyze and evaluate the operation of agreements (for example, information related to the referral, refusal, and return rates of offenders would, over a period of time, refine CSC's projections for future initiatives).

In contrast to operational reviews and audits, which verify the accuracy of systems, evaluations assess the effectiveness of agreements:

• whether the agreement meets its stated objectives;
• the relationship between the stated objectives and corporate objectives (i.e. to assess the ongoing relevance of the agreement).

The usefulness of an evaluation is dependent on the original clear articulation of objectives and the relationship of those objectives to the corporate objectives, as well as the ongoing implementation of appropriate adjustments to the agreement through effective operational management. Evaluation schedules should be negotiated and conducted on a joint basis with the particular province or territory.

9.3 PLANNING AND MANAGEMENT CONSIDERATIONS

9.3.1 Link Exchange of Services Agreements to Corporate Planning and Management

National planning is required to link the planning and use of ESA with corporate planning and management systems. Agreements should be negotiated or amended based on requirements identified in the long range accommodation planning process, ensuring a balance between program needs and accommodation planning needs.

National Capital, Accommodation and Operations Planning, at the regional and national levels, should include plans and forecasts for interjurisdictional transfers. These should take into consideration the principles and objectives established for ESA, the target population and selection criteria.

9.3.2 Monitoring and Reporting

National Headquarters maintains a monitoring system to track national utilization and expenditure data and any other data, as determined by senior management. Regional Headquarters establishes and maintains the corresponding regional monitoring systems. The Bed Utilization Monitoring System provides global information by province on the number of ESA beds used in each quarter, the type of bed purchased and the associated expenditure.

In addition to the financial monitoring system, Regional Headquarters shall report on an annual basis (by January 15th), to the Director General, Intergovernmental Affairs, on issues pertaining to the ongoing management of the Agreement.

10. TRANSFERS

10.1 TRANSFER APPROVAL

Transfers of inmates or prisoners from federal custody to provincial or territorial custody and transfers of prisoners or inmates from provincial or territorial custody to federal custody are authorized under agreements signed by the Solicitor General of Canada and the appropriate provincial or territorial authority.

The Regional Deputy Commissioner or designate is authorized to approve interjurisdictional transfers for cases where the Correctional Service of Canada is the decision-maker.

10.2 GRIEVANCE RESOLUTION

Offenders transferred under ESA are subject, in all matters respecting their custody, to the rules, laws and regulations of the receiving jurisdiction. The resolution of complaints, therefore, filed by federal offenders in provincial/territorial facilities, must be addressed by the appropriate jurisdiction. It should be noted that officials appointed to examine a complaint filed by an offender, or on their behalf, relating to a matter arising prior to a transfer, will continue to have the same rights of access to the offender. (Refer to paragraphs 167 (2) (b) and (c) and subsection 167 (3) of the CCRA.)

10.3 TRANSFER FROM PROVINCIAL OR TERRITORIAL CUSTODY TO FEDERAL CUSTODY

In the case of a transfer to federal custody of a prisoner who is serving a term of less than two years for offenses under any Act of Parliament or regulations, the provincial or territorial authorities shall provide the federal authorities with written documentation indicating that the prisoner has received notification of the transfer and was given a reasonable opportunity, before the final decision was taken, to respond to this notification. Without this written documentation, and with the exception of emergency transfers, the transfer may be denied or deferred by the federal decision-maker.

10.4 WOMEN OFFENDERS SERVING A SENTENCE IN HOME PROVINCE

Where an ESA represents the sole federal accommodation option for women offenders in a region, CSC will monitor to ensure program parity with inmates in the federal system.

10.5 EMERGENCY TRANSFERS

Provisions for emergency transfers should be included in ESA. As stated in section 13 of the CCRR, in an emergency situation, a transfer may take place without prior notification to the inmate or prisoner. In such cases, the inmate or prisoner shall be informed of the reasons of the transfer within two working days after placement in the receiving institution, and shall have the opportunity to respond, in writing, within 48 hours from the time of notification. The reasons for the transfer and the response shall be considered by the federal decision-maker (Regional Deputy Commissioner or his delegate). If the involuntary transfer decision is upheld, the federal decision-maker shall provide the inmate or prisoner with the decision and reasons in writing within five working days of the decision being made.

Regional Headquarters may, if necessary, develop mutually agreeable procedures with the respective provincial/ territorial jurisdiction to obtain or provide periodic information regarding grievances filed by transferred offenders.

10.6 PROCEDURAL FAIRNESS (DUTY TO ACT FAIRLY)

The duty to act fairly requires that:

• the inmate is advised of the reasons for the proposed transfer;
• the inmate is given an opportunity to respond;
• the decision-maker considers any comments/objections as part of the decision-making process.

In accordance with existing ESA, transferred offenders are subject to the statutes, regulations and rules applicable in the receiving jurisdiction. CSC must ensure that the duty to act fairly has been met, whether it is a sender or receiver of transfers.

Therefore, new or renegotiated agreements should include a clause that states that it is the responsibility of the sending jurisdiction to prove that the duty to act fairly has been met. As well, an appendix to the agreement should describe minimum requirements for inmate notification, including documented reasons, listed in order of priority, for transfer recommendation.

When the transfer application of an inmate or prisoner is denied, the appropriate decision-maker shall provide the inmate or prisoner with written reasons for the decision within 60 days after the submission of the request.

10.7 DOCUMENTATION TO BE TRANSFERRED WITH AN OFFENDER

To assist in the provision of appropriate case management, documentation regarding a transferred offender must be provided to the receiving jurisdiction at the time of transfer. The required documentation must be negotiated and included as an appendix to an ESA, and a listing must be established in the main body of the agreement.

The documentation appendix should also state the time frame within which documents are to be provided to the receiving jurisdiction.

At a minimum, the documents to accompany a federal offender upon transfer to a provincial system under an ESA must include:

• legal documentation (e.g., warrant of committal, transfer warrant);
• sentence calculation;
• Case Documentation Checklist;
• FPS Sheet;
• Penitentiary Placement Report (where applicable);
• police report for all current crimes;
• Post-Sentence Community Assessment;
• Criminal Profile Report;
• Correctional Plan;
• Crown/judge/relevant trial related reports (for all cases identified in section 129 of the CCRA);
• appropriate medical/psychological information;
• any other relevant documentation.

If relevant and available, the following documentation would also assist in the appropriate and safe management of a federal offender who is held under provincial jurisdiction:

• General Statistical Information on Recidivism (SIR Scale);
• most recent Correctional Plan Progress Report and Assessment for Decision;
• synopsis of preventive security information;
• representations by victims or persons acting on their behalf;
• National Parole Board decision sheets.

10.8 SPECIAL CONDITIONS

Other than in an emergency situation, an inmate whose official language requirements cannot be met by the province or territory shall not be transferred unless the inmate, having been informed of the level of language services generally available in the province or territory, requests such a transfer. In determining the language requirements, reference shall be made to the criteria set out in Commissioner's Directive 087, "Official Languages and Services Provided to Offenders and the General Public".

11. ENQUIRIES

For additional information please contact:

Director, Federal-Provincial/Territorial Relations
Correctional Service of Canada
340 Laurier Avenue West
Ottawa, Ont

Telephone: (613) 947-6433
Facsimile: (613) 992-9283

Assistant Commissioner,
Corporate Development

Original signed by
Karen Wiseman for
Michel Roy

Annex A

STEPS IN THE PRE-NEGOTIATION PROCESS

Need is identified

NEEDS ANALYSIS
NEEDS OF OFFENDERS
Define target population
Identify target population's accommodation and/or program needs (in relation to CSC Mission and strategic objectives)
OFFENDER NEEDS IN THE CONTEXT OF FEDERAL CORRECTIONS SYSTEM
National Capital, Accommodation and Operations Plan (NCAOP)
Main Estimates

DEFINE CSC OBJECTIVE(S)
What service/program/accommodation will be provided, for how many or what
types of offenders, in what location, and for what period of time?

DEVELOP ALTERNATIVES How can CSC objective(s) be accomplished?
FEDERAL OPTION (provide services directly through federal system)		INTERJURISDICTION OPTIONS (provide services through ESA)
ASSESS ALTERNATIVES (Cost-benefit analysis)
PRINCIPLES	PROGRAM	FINANCE	CSC PLANS
Extent to which potential alternatives are compatible with CSC Mission and principles	Apply program profile; analyze non-quantifiable benefits or limitations	Apply financial principles and economic model (comparative costs per inmate year)	Extend to which potential alternatives are compatible with NCAOP, strategic objectives, etc.

RECOMMENDATION
Most appropriate and cost-effective option
(may be ESA)

Annex B

TASKS AND MANAGEMENT ISSUES

for Interjurisdictional Exchange of Services Agreements

PHASE OF THE AGREEMENT	TASKS AND MANAGEMENT ISSUES
Pre-Negotiation Phase	Assess needs of offenders, programs, system Develop alternatives for addressing needs (ESA is one option) Assess alternatives (cost-benefit analyses); select most appropriate alternative Notify officials of potential negotiation Appoint steering and working groups
Negotiation Phase	Define purpose and principles Identify target population Develop program profile Apply financial principles and economic model Develop management structure and administrative procedures Ensure ongoing communication and coordination Coordinate approvals
Implementation Phase	Ensure intent of agreement is reflected in how it is carried out Shift authority for managing agreement from National to Regional Headquarters
Management Phase	Integrate agreement into ongoing operations Apply agreement to specific offender transfers Coordinate regional and national management of the agreement Track the agreement though audit, evaluation and monitoring Use information to assess effectiveness Adjust agreement as required, through amendment, renegotiation or cancellation Develop and update contingency plans

Annex C

OUTLINE OF TREASURY BOARD SUBMISSION (on TB letterhead)

SUBJECT

Authority to enter into an Exchange of Services Agreement (ESA), for the transfer and temporary detention of offenders between Canada and ______________________.

PROPOSAL

To recommend to the Governor in Council on the recommendation of the Treasury Board the attached draft order-in-council which will authorize the Solicitor General of Canada to enter into a new Exchange of Service Agreement with _______________ for the transfer and temporary detention of offenders between jurisdictions.

COSTS

Chargeable to Correctional Service, Penitentiary Service and National Parole Service, Vote 15 - Operating Expenditures.

REMARKS

CONTACT