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Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2021-11-17 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Search and Seizure (continued)

Emergency Searches of Cells

 Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the institutional head may authorize a search of cells and their contents by a staff member.

Searches of Visitors

  •  (1) A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, when the visitor is entering or leaving a penitentiary or a secure area.

  • (2) If a visitor refuses to undergo a search referred to in subsection (1), the institutional head or a staff member designated by the institutional head may

    • (a) prohibit a contact visit with an inmate and authorize a non-contact visit; or

    • (b) require the visitor to leave the penitentiary forthwith.

  • SOR/2015-171, s. 4

Searches of Vehicles

  •  (1) A staff member may, by stopping a vehicle and inspecting the vehicle and its contents, conduct a routine search of a vehicle, without individualized suspicion, where

    • (a) the vehicle is entering or leaving penitentiary property;

    • (b) the vehicle is entering or leaving a secure area on penitentiary property;

    • (c) the vehicle is in an area on penitentiary property to which access is restricted or prohibited; or

    • (d) the vehicle is on penitentiary property at a time when visitors are not normally permitted to be at the penitentiary.

  • (2) Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in a vehicle on penitentiary property, the institutional head may authorize a search of the vehicle and its contents by a staff member.

Searches of Staff Members

 A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, when that other staff member is entering or leaving the penitentiary or a secure area.

  • SOR/2015-171, s. 5

Seizure

 If a staff member or other authorized person seizes an item during a search conducted under any of sections 47 to 64 of the Act, the staff member or authorized person shall, as soon as practicable,

  • (a) issue a receipt to the person from whom the item is seized; and

  • (b) submit the item to the institutional head or a staff member designated by the institutional head or, in the case of a seizure pursuant to subsection 66(2) of the Act, to the person in charge of the community-based residential facility.

Reports Relating to Searches and Seizures

  •  (1) A person who conducts a search under any of sections 47 to 64 of the Act shall prepare and submit to the institutional head or a staff member designated by the institutional head, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search if

    • (a) the search is a non-routine strip search conducted pursuant to any of subsections 49(3) and (4) and 60(2) and (3) and paragraph 64(1)(b) of the Act;

    • (b) the search is a search conducted pursuant to section 51 or 52 of the Act;

    • (c) the search is a routine strip search conducted under section 48 of the Act which necessitated the use of force;

    • (d) the search is an emergency search of an inmate, a vehicle or a cell; or

    • (e) the staff member or other authorized person seizes an item in the course of the search.

  • (2) Every employee of a community-based residential facility who conducts a search under section 66 of the Act shall prepare and submit to the person in charge of the facility, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

  • (3) Every institutional head who authorizes a search of all inmates under section 53 of the Act shall prepare and submit to the head of the region, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

  • (4) A post-search report shall be in writing and shall contain

    • (a) the date, time and place of the search;

    • (b) a description of every item seized;

    • (c) the name of the person searched, the number of the room or cell that was searched or the licence number of the vehicle searched, as applicable;

    • (d) the name of every person conducting the search and, where applicable, the name of every person present during the search;

    • (e) the reasons for the search;

    • (f) the manner in which the search was conducted; and

    • (g) in the case of a post-search report referred to in subsection (3), the facts that led the institutional head to believe that the presence of contraband constituted a clear and substantial danger to human life or safety or to the security of the penitentiary, and an indication of whether the danger was averted.

  • (5) Every person to whom a search relates, or from whom any item is seized in the course of a search referred to in subsection (1) or (2), shall have access, on request, to the post-search report respecting the search or seizure.

  • (6) Every post-search report shall be retained for a period of at least two years after the date of the search to which it relates.

Return or Forfeiture of Items Seized

  •  (1) If an item is seized during a search conducted under any of sections 47 to 64 of the Act, the Service shall, as soon as practicable, notify the owner in writing, if the owner is known, of the seizure.

  • (2) The Service may hold or transfer to the custody of the police or a court any item referred to in subsection (1) that is required as evidence in a disciplinary or criminal proceeding, until the disposition of the proceeding.

  • (3) An item referred to in subsection (1) shall be returned to its owner where

    • (a) the item is not or is no longer required as evidence in a disciplinary or criminal proceeding;

    • (b) the item has not been forfeited pursuant to subsection (5);

    • (c) the item is within the control of the Service;

    • (d) the owner requests that the item be returned to the owner within 30 days after being notified of the seizure;

    • (e) possession of the item would be lawful; and

    • (f) in the case of an owner who is an inmate, possession of the item by the inmate would not constitute possession of contraband or an unauthorized item.

  • (4) Subject to paragraph (5)(e), the institutional head or a staff member designated by the institutional head may order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping outside the penitentiary of an item referred to in subsection (1) that would constitute contraband or an unauthorized item, where its possession outside the penitentiary would be lawful.

  • (5) An item referred to in subsection (1) shall be forfeited to Her Majesty in right of Canada where

    • (a) the Service does not know who the owner is and 30 days have passed since the seizure;

    • (b) the owner does not apply for the return of the item within 30 days after being notified of the seizure;

    • (c) possession of the item would be unlawful;

    • (d) in the case of an owner who is an inmate, possession of the item by the inmate would constitute possession of contraband or an unauthorized item and the inmate has not arranged for the disposal or safe-keeping of the item outside the penitentiary after being given a reasonable opportunity to do so in accordance with subsection (4); or

    • (e) the item is contraband or an unauthorized item and an inmate is found guilty of a disciplinary offence in relation to it.

  • (6) The institutional head or staff member designated by the institutional head may, in respect of an owner other than an inmate, cancel a forfeiture referred to in paragraph (5)(e) where

    • (a) the owner applies in writing to the institutional head or staff member within 30 days after the forfeiture of the item;

    • (b) the institutional head or staff member determines that the owner was not involved in the events that resulted in the forfeiture; and

    • (c) possession of the item by the owner would be lawful.

  • (7) Subject to subsection (8), the institutional head or staff member designated by the institutional head may, in respect of an owner who is an inmate, cancel a forfeiture referred to in paragraph (5)(e) where

    • (a) the inmate submits to the institutional head or staff member within 30 days after the forfeiture, an application in accordance with the Commissioner’s Directives respecting the forfeiture of items that are seized;

    • (b) the institutional head or staff member determines that the forfeiture would cause undue hardship to the inmate; and

    • (c) possession of the item by the inmate would be lawful.

  • (8) Where the institutional head or staff member designated by the institutional head cancels a forfeiture pursuant to subsection (7), the institutional head or staff member may

    • (a) authorize the inmate to possess the item in the penitentiary; or

    • (b) order that the inmate be given a reasonable opportunity to make arrangements for the disposal or safe-keeping of the item outside the penitentiary.

Urinalysis Testing

Interpretation

 For the purposes of this section and sections 61 to 72,

approved procedure

approved procedure means a procedure set out in Commissioner’s Directives as a procedure to be used for the analysis of a sample; (méthode approuvée)

collector

collector means a staff member or any other person authorized in Commissioner’s Directives to collect samples on behalf of the Service; (échantillonneur)

confirmation test

confirmation test means a test of a sample by a laboratory, using an approved procedure, to verify the positive result of an initial screening test; (analyse de confirmation)

container

container means a sterile container that is to be used to receive a sample; (contenant)

initial screening test

initial screening test means the first test of a sample, using an approved procedure, conducted by a laboratory; (analyse initiale)

laboratory

laboratory means a laboratory authorized by Commissioner’s Directives to analyse samples; (laboratoire)

positive

positive, in respect of a sample, means a urinalysis test result that indicates that the level of an intoxicant in the sample is equal to or greater than the level specified in Commissioner’s Directives; (positif)

random selection

random selection means a selection procedure set out in Commissioner’s Directives that ensures that every inmate has an equal probability of being selected, on a periodic basis, to provide a sample and that has reasonable controls and safeguards designed to prevent the selection process from being influenced; (contrôle au hasard)

record of substance abuse

record of substance abuse means an inmate’s record of conviction of the disciplinary offence referred to in paragraph 40(k) of the Act; (dossier de consommation de substances intoxicantes)

sample

sample means a quantity of unadulterated urine sufficient to permit analysis, using an approved procedure, by a laboratory; (échantillon d’urine)

urinalysis program co-ordinator

urinalysis program co-ordinator means a senior staff member who has been designated by name or position in Commissioner’s Directives to co-ordinate the application of the Service’s urinalysis program at the location where the program is to be carried out. (coordonnateur du programme de prises d’échantillons d’urine)

Authorization

  •  (1) The power of the institutional head, pursuant to section 54 of the Act, to grant prior authorization for urinalysis may be exercised by the urinalysis program co-ordinator.

  • (2) The function of the institutional head under subsection 57(1) of the Act to hear an inmate’s representations before submitting a sample, may be carried out by the urinalysis program co-ordinator.

Requirement to Provide a Sample

 Where an inmate is required by a staff member to submit to urinalysis pursuant to paragraph 54(a) of the Act and makes representations to the institutional head objecting to the requirement pursuant to subsection 57(1) of the Act, the institutional head or urinalysis program co-ordinator shall

  • (a) review the demand for a sample and the inmate’s objections to determine whether there are reasonable grounds on which to require the sample; and

  • (b) where the institutional head or urinalysis program co-ordinator determines that there are reasonable grounds, direct the inmate to provide the sample.

  •  (1) For the purposes of paragraph 54(b) of the Act, the Service may establish a random selection urinalysis program for the purpose of ensuring the security of the penitentiary and the safety of persons by deterring the use of and trafficking in intoxicants in the penitentiary.

  • (2) A random selection urinalysis program shall provide for samples to be provided by inmates whose names have been chosen by random selection from among the names of the entire inmate population of the penitentiary.

  •  (1) For the purposes of paragraph 54(c) of the Act,

    • (a) any program or activity that requires that an inmate have access to the community or contact with a person from the community, where such access or contact could reasonably be expected to provide the inmate with an opportunity to have access to an intoxicant, is a prescribed program or activity; and

    • (b) any treatment program that is designed to assist in the rehabilitation of an inmate who has a problem of substance abuse is a prescribed substance abuse treatment program.

  • (2) Urinalysis is a requirement for participation in a program or activity referred to in paragraph (1)(a) where an inmate requests authorization to participate in the program or activity and

    • (a) has a record of substance abuse; or

    • (b) has been convicted of a disciplinary offence under paragraph 40(l) of the Act within two years of the request.

  • (3) Urinalysis is a requirement for participation in a substance abuse treatment program referred to in paragraph (1)(b) where an inmate requests authorization to participate in the program and urinalysis is an integral part of the program.

  •  (1) For the purposes of section 55 of the Act, where an offender is required by a staff member to submit to urinalysis at regular intervals, the regular intervals shall be determined by assessing, in accordance with subsection (2), the risk of the offender not complying with a condition referred to in that section.

  • (2) In making an assessment pursuant to subsection (1), the following factors shall be taken into consideration:

    • (a) the offender’s record of substance abuse;

    • (b) offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty;

    • (c) the ability of the offender to rehabilitate and reintegrate into the community, taking into account the offender’s behavioural and emotional stability; and

    • (d) the program and treatment needs of the offender.

  • (3) For the purposes of section 55 of the Act, where an offender is required to submit to urinalysis at regular intervals, the offender shall be informed of the length of the intervals.

  • (4) Where, pursuant to subsection 57(2) of the Act, an offender makes representations respecting the length of the intervals, the urinalysis program co-ordinator shall review the representations and confirm or vary the length of the intervals.

 
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