Section 76 — Youth Criminal Justice Act: Placement when subject to adult sentence

Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in a youth custody facility separate and apart from any adult who is detained or held in custody; a provincial correctional facility for adults; or if the sentence is for two years or more, a penitentiary. No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary. Before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard. Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court. For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence. On application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in a youth custody facility separate and apart from any adult who is detained or held in custody; a provincial correctional facility for adults; or if the sentence is for two years or more, a penitentiary. An application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired. When an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7). No young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others.