Youth Justice Designation Regulation

(Consolidated up to 199/2025) ALBERTA REGULATION 322/2009 Youth Criminal Justice Act (Canada) Youth Justice Act (Alberta) YOUTH JUSTICE DESIGNATION REGULATION Table of Contents 1 Definitions 2 Provincial directors 3 Youth workers 4 Youth custody 5 Temporary detention, secure custody and open custody 6 Temporary detention and secure custody 7 One level of custody 8 Youth Justice Committees 9 Rules for conferences 10 Fine surcharge 11 Repeal 13 Coming into force Definitions 1 In this Regulation, (a) “federal Act” means the Youth Criminal Justice Act (Canada); (b) “provincial Act” means the Youth Justice Act . Provincial directors 2 For the purposes of the provincial Act and the federal Act, the following are designated as provincial directors: (a) an employee, under the administration of the Minister of Public Safety and Emergency Services, who holds a position with a title as follows: (i) Assistant Deputy Minister, Correctional Services; (ii) Executive Director, Correctional Programs and Services Branch; (iii) Director, Correctional Programs and Services Branch; (iv) Director, Temporary Absence Program; (v) Centre Director; (vi) Director, Community Corrections Branch; (vii) Community Corrections Manager; (viii) Deputy Director, Edmonton Young Offender Centre; (ix) Deputy Director, Calgary Young Offender Centre; (x) Executive Director, Custody Operations Branch; (xi) Executive Director, Community Corrections Branch; (b) repealed AR 4/2022 s2; (c) a director at a place of custody of a private agency that is under contract with the Minister of Public Safety and Emergency Services to provide place of custody services AR 322/2009 s2;170/2012;49/2017;4/2022;216/2022 Youth workers 3 For the purposes of the provincial Act and the federal Act, the following are designated as youth workers: (a) an employee, under the administration of the Minister of Public Safety and Emergency Services, who holds a position in the Correctional Services Division of the Department of Public Safety and Emergency Services with a classification as follows: (i) Correctional Peace Officer I, II or III; (ii) Correctional Services Worker I, II or III; (iii) repealed AR 4/2022 s3; (iv) Manager I or II; (v) Senior Manager I or II; (vi), (vii) repealed AR 322/2009 s13; (b) a staff member of a place of custody that is designated as a place of open custody; (c) repealed AR 4/2022 s3; (d) a health practitioner employed or retained by a provincial health agency, regional health authority or provincial health corporation to provide a health service to inmates in a place of custody designated as a place of temporary detention, secure custody or open custody. AR 322/2009 s3;322/2009 s13;170/2012;49/2017;4/2022; 216/2022;9/2023;125/2024;199/2025 Youth custody 4 (1) The following are the levels of custody in Alberta: (a) secure custody, which provides secure containment or restraint of a young person and which provides a young person only restricted community access under the direct and constant supervision of a youth worker or a peace officer; (b) open custody, which provides some containment or restraint of a young person and which provides community access that may be under the supervision of a youth worker or a peace officer. (2) In Alberta, pursuant to section 88 of the Youth Criminal Justice Act (Canada), the power to make determinations of the level of custody for young persons and to review those determinations must be exercised in accordance with the Young Offenders Act (Canada), Chapter Y‑1 of the Revised Statutes of Canada, 1985. Temporary detention, secure custody and open custody 5 The following are places of custody designated as places of temporary detention, secure custody and open custody: (a) Edmonton Young Offender Centre, Edmonton, Alberta; (b) Calgary Young Offender Centre, Calgary, Alberta; (c) Young Offender Forensic Unit, Alberta Hospital, Edmonton, Alberta. Temporary detention and secure custody 6 Any area of a police holding cell or holding room (a) that is operated by a police service as defined in the Police Act , and (b) in which no adult prisoner is located is designated as a place of temporary detention and secure custody. One level of custody 7 Pursuant to section 85(2)(a) of the federal Act, the Minister of Public Safety and Emergency Services shall designate youth custody facilities with only one level of custody. AR 322/2009 s7;170/2012;216/2022 Youth Justice Committees 8 Pursuant to section 18 of the federal Act, the Minister of Public Safety and Emergency Services is designated to establish one or more committees of citizens to be known as Youth Justice Committees. AR 322/2009 s8;170/2012;216/2022 Rules for conferences 9 Pursuant to section 19(3) of the federal Act, the Minister of Public Safety and Emergency Services is designated to establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court or a justice of the peace. AR 322/2009 s9;170/2012;216/2022 Fine surcharge 10 (1) Pursuant to section 53(1) of the federal Act, the percentage of a fine to provide assistance to victims of offences is 20%. (2) The amount of a fine collected under subsection (1) may be used to provide assistance in accordance with the Victims of Crime and Public Safety Act . AR 322/2009 s10;53/2020;98/2020 Repeal 11 The Youth Justice Designation Regulation (AR 69/2003) is repealed. 12 Repealed AR 49/2017 s4. Coming into force 13 (1) Section 3(d) comes into force on April 1, 2010 and on the coming into force of section 3(d), section 3(a)(vi) and (vii) are repealed. (2) Subject to subsection (1), this Regulation comes into force on November 26, 2009.