•  (1) Subject to subsection (3), the Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act, or any hospital, to be a penitentiary in respect of any person or class of persons.

  • Marginal note:Idem

    (2) Subject to subsection (3), the Governor in Council may, by order, declare any place to be a penitentiary.

  • Marginal note:Provincial approval

    (3) No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) without the approval of an officer designated by the lieutenant governor of that province.