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Remission of Sentence Regulations

made under Section 6 of the
Prisons and Reformatories Act (Canada)
R.S.C. 1985, c. P-20
O.I.C. 88-1364 (December 13, 1988), N.S. Reg. 249/88

1 In these regulations

(a) "Act" means the Corrections Act;

(b) "Minister" means the Minister of Justice of Nova Scotia;

(c) "policies and procedures" means policies and procedures approved by the Minister; and

(d) "rules" means rules prescribed by a Superintendent pursuant to [sub]section 3(2) of the Regulations Respecting Correctional Facilities.

2 A prisoner shall be deemed to have applied himself industriously for the purpose of being credited with remission of sentence where he has complied with the following:

(a) maintained living and working area in a clean and tidy condition as required by prison staff;

(b) been prompt and conscientious in the performance of regular duties or work assigned from time to time;

(c) performed all work at a level acceptable to prison staff;

(d) complied with all instructions given by prison staff;

(e) observed all fire regulations and safety requirements;

(f) maintained a high level of personal cleanliness and grooming;

(g) respected the rights and dignity of fellow prisoners;

(h) made reasonable efforts to avoid damaging, wasting or neglecting prison property;

(i) made reasonable effects to avoid behaviour upsetting to fellow prisoners, staff and the prison programs;

(j) complied with all rules.

3 A daily performance report with respect to each prisoner shall be completed by staff.

4 (1) The superintendent of the prison shall maintain with respect to each prisoner a master sheet in accordance with policies and procedures.

(2) The superintendent or his delegate shall on a regular basis and in accordance with policies and procedures calculate the number of days of earned remission to be credited to each prisoner.

5 Where the superintendent or his delegate determines that a prisoner has contravened any of the provisions of [sub]section 24(1) of the Regulations Respecting Correctional Facilities made pursuant to Section 22 of the Act, the contravention shall constitute misconduct and the superintendent may determine that the earned remission credited to the prisoner may be forfeited in whole or in part.

6 In accordance with the Regulations made under Section 22 of the Act and policies and procedures, a prisoner may request a review by the Minister or a person authorized by the Minister to act on his behalf, of a decision of the superintendent or his delegate respecting

(a) a failure to credit remission to the credit of the prisoner; or

(b) a forfeiture, in whole or in part, of earned remission,

and the decision of the Minister or the person authorized by the Minister shall be final.

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