Commissioner's Directive 541
Interjurisdictional Exchange of Service Agreements

Commissioner's Directive



To provide a framework for the negotiation, management and delivery of correctional services and programs to offenders under federal or provincial/territorial jurisdiction through interjurisdictional Exchange of Service Agreements, including the monitoring of financial information relating to interjurisdictional Exchange of Service Agreements


Applies to staff and offenders involved in or affected by interjurisdictional Exchange of Service Agreements



  1. The Director General, Executive Secretariat, will provide corporate management of Exchange of Service Agreements (ESAs) for the accommodation of and services for offenders, and will:
    1. ensure consistent national application of the ESAs as outlined in this policy
    2. ensure effective planning with respect to ESA extension, renewal or negotiation/notification and Treasury Board approval requirements and Order in Council expiry
    3. collaborate with the Regional Deputy Commissioner and the Assistant Commissioner, Corporate Services, and Chief Financial Officer to provide input for the development of any required submissions to Treasury Board
    4. establish and maintain an ESA monitoring system to track national bed utilization data and any other data as maintained by the Director, Intergovernmental Relations
    5. approve the transmission of information associated with operational best practices prior to distribution to provincial/territorial counterparts
    6. ensure a repository of decisions, actions taken and/or information shared between the Regional Deputy Commissioner and their provincial/territorial counterparts is maintained by the Director, Intergovernmental Relations.
  2. The Assistant Commissioner, Corporate Services, and Chief Financial Officer, will:
    1. ensure ESAs adhere to relevant Treasury Board financial policies
    2. seek incremental resources through the Treasury Board, when required
    3. develop appropriate submissions to obtain Governor in Council approval based on content provided by the Regional Deputy Commissioner and the Director General, Executive Secretariat
    4. allocate resources for ESAs
    5. provide recommendations to the Commissioner on resource requirements for ESAs.
  3. The Regional Deputy Commissioner will:
    1. foster relationships with the province/territory to identify ESA requirements and issues
    2. ensure timely resolution of interjurisdictional issues
    3. ensure adherence of operational protocols or procedures to the policy elements of the ESAs
    4. plan and manage the negotiations and implementation of ESAs
    5. provide information supporting the development of required submissions to Treasury Board to the Assistant Commissioner, Corporate Services, and Chief Financial Officer, in collaboration with the Director General, Executive Secretariat
    6. ensure operational and financial management of ESAs, in accordance with the terms and conditions of the agreements
    7. consult with all sectors impacted by an ESA, as required (e.g., Women Offender Sector, Health Services Sector, etc.)
    8. consult with the Correctional Service of Canada’s Chief Information Officer and Deputy Chief Security Officer for agreements where electronic information sharing is a component. This will ensure that administrative, technical and physical security requirements are assessed and incorporated within the scope of the agreement, as required
    9. ensure 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
    10. ensure information requests from the provincial/territorial governments, associated with operational best practices, are forwarded to the Director, Intergovernmental Relations, to coordinate a response. The Director, Intergovernmental Relations, will then obtain approval from the Director General, Executive Secretariat, prior to releasing the information to the provincial/territorial counterpart
    11. ensure the administrative management of the agreement once it is in place, through:
      1. monitoring of financial information
      2. quarterly reporting to the Director, Intergovernmental Relations
      3. provision of input to the national Offender Management System, the Integrated Financial and Material Management System, the Resource Management Tool, and/or other data reporting tools to capture bed utilization statistics and financial status reports pertaining to ESAs
      4. periodic review of agreements.
  4. Once the transfer of an offender under an ESA has taken place, pursuant to subsection 16(2) 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.


  1. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA



Anne Kelly

Annex A- Cross-References and Definitions


GL 541-1 – Interjurisdictional Exchange of Service Agreements
CD 543 – CCRA Section 81 Agreements
CD 701 – Information Sharing


Exchange of Service Agreement (ESA): an agreement between the Minister of Public Safety 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.

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