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

Regulations are current to 2019-11-19 and last amended on 2015-06-19. Previous Versions

PART ICorrections (continued)

Urinalysis Testing (continued)

Reporting of Test Results

  •  (1) A laboratory shall submit to the urinalysis program co-ordinator a certificate and, where requested by the institutional head, an electronically transmitted copy of the certificate, that states the results of the test.

  • (2) The urinalysis program co-ordinator shall give the donor a copy of the laboratory certificate respecting the sample.

Consequences of Positive Test Results

 For the purposes of a hearing of a disciplinary offence referred to in paragraph 40(k) of the Act, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the inmate who provided the sample has committed the offence.

 For the purposes of a hearing or review respecting the contravention of a condition of release, a certificate referred to in subsection 68(1) that states that the result of a urinalysis test is positive establishes, in the absence of evidence to the contrary, that the offender who provided the sample has failed to comply with a condition referred to in section 55 of the Act.

 Where an inmate is found guilty of a disciplinary offence referred to in paragraph 40(k) of the Act, the inmate may, in addition to any sanction imposed pursuant to subsection 44(1) of the Act, be required to provide a sample each month until three consecutive negative monthly samples have been provided.

 Where an offender who is released by the National Parole Board is unable or refuses to provide a sample or provides, pursuant to section 55 of the Act, a sample that is positive the Service shall inform the National Parole Board, in writing, and shall

  • (a) ensure that the offender is provided with counselling or other appropriate post-release intervention; or

  • (b) proceed in accordance with section 135 of the Act.

Use of Force

  •  (1) Where a person suffers an injury or death in a penitentiary as a result of the use of force, any staff member who has knowledge of the incident shall immediately call health care staff to the scene and notify the institutional head or a staff member designated by the institutional head.

  • (2) Where the institutional head or staff member designated by the institutional head is notified pursuant to subsection (1) of a serious injury or a death, the institutional head or staff member shall, as soon as practicable,

    • (a) notify the head of the region and the appropriate police department; and

    • (b) submit a report to the regional head that details all of the circumstances that led to the injury or death.

Offender Grievance Procedure

  •  (1) Where an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint, preferably in the form provided by the Service, to the supervisor of that staff member.

  • (2) Where a complaint is submitted pursuant to subsection (1), every effort shall be made by staff members and the offender to resolve the matter informally through discussion.

  • (3) Subject to subsections (4) and (5), a supervisor shall review a complaint and give the offender a copy of the supervisor’s decision as soon as practicable after the offender submits the complaint.

  • (4) A supervisor may refuse to review a complaint submitted pursuant to subsection (1) where, in the opinion of the supervisor, the complaint is frivolous or vexatious or is not made in good faith.

  • (5) Where a supervisor refuses to review a complaint pursuant to subsection (4), the supervisor shall give the offender a copy of the supervisor’s decision, including the reasons for the decision, as soon as practicable after the offender submits the complaint.

 Where a supervisor refuses to review a complaint pursuant to subsection 74(4) or where an offender is not satisfied with the decision of a supervisor referred to in subsection 74(3), the offender may submit a written grievance, preferably in the form provided by the Service,

  • (a) to the institutional head or to the director of the parole district, as the case may be; or

  • (b) if the institutional head or director is the subject of the grievance, to the Commissioner.

  • SOR/2013-181, s. 1
  •  (1) The institutional head, director of the parole district or Commissioner, as the case may be, shall review a grievance to determine whether the subject-matter of the grievance falls within the jurisdiction of the Service.

  • (2) Where the subject-matter of a grievance does not fall within the jurisdiction of the Service, the person who is reviewing the grievance pursuant to subsection (1) shall advise the offender in writing and inform the offender of any other means of redress available.

  • SOR/2013-181, s. 2
  •  (1) In the case of an inmate’s grievance, where there is an inmate grievance committee in the penitentiary, the institutional head may refer the grievance to that committee.

  • (2) An inmate grievance committee shall submit its recommendations respecting an inmate’s grievance to the institutional head as soon as practicable after the grievance is referred to the committee.

  • (3) The institutional head shall give the inmate a copy of the institutional head’s decision as soon as practicable after receiving the recommendations of the inmate grievance committee.

 The person who is reviewing a grievance pursuant to section 75 shall give the offender a copy of the person’s decision as soon as practicable after the offender submits the grievance.

  •  (1) Where the institutional head makes a decision respecting an inmate’s grievance, the inmate may request that the institutional head refer the inmate’s grievance to an outside review board, and the institutional head shall refer the grievance to an outside review board.

  • (2) The outside review board shall submit its recommendations to the institutional head as soon as practicable after the grievance is referred to the board.

  • (3) The institutional head shall give the inmate a copy of the institutional head’s decision as soon as practicable after receiving the recommendations of the outside review board.

  •  (1) If an offender is not satisfied with a decision of the institutional head or director of the parole district respecting their grievance, they may appeal the decision to the Commissioner.

  • (2) [Repealed, SOR/2013-181, s. 3]

  • (3) The Commissioner shall give the offender a copy of his or her decision, including the reasons for the decision, as soon as feasible after the offender submits an appeal.

  • SOR/2013-181, s. 3

 A senior staff member may, on the Commissioner’s behalf, make a decision in respect of a grievance submitted under paragraph 75(b) or an appeal submitted under subsection 80(1) if the staff member

  • (a) holds a position equal to or higher in rank than that of assistant deputy minister; and

  • (b) is designated by name or position for that purpose in a Commissioner’s Directive.

  • SOR/2013-181, s. 4
  •  (1) Where an offender decides to pursue a legal remedy for the offender’s complaint or grievance in addition to the complaint and grievance procedure referred to in these Regulations, the review of the complaint or grievance pursuant to these Regulations shall be deferred until a decision on the alternate remedy is rendered or the offender decides to abandon the alternate remedy.

  • (2) Where the review of a complaint or grievance is deferred pursuant to subsection (1), the person who is reviewing the complaint or grievance shall give the offender written notice of the decision to defer the review.

 In reviewing an offender’s complaint or grievance, the person reviewing the complaint or grievance shall take into consideration

  • (a) any efforts made by staff members and the offender to resolve the complaint or grievance, and any recommendations resulting therefrom;

  • (b) any recommendations made by an inmate grievance committee or outside review board; and

  • (c) any decision made respecting an alternate remedy referred to in subsection 81(1).

Living Conditions

Physical Conditions

  •  (1) The Service shall, to ensure a safe and healthful penitentiary environment, ensure that all applicable federal health, safety, sanitation and fire laws are complied with in each penitentiary and that every penitentiary is inspected regularly by the persons responsible for enforcing those laws.

  • (2) The Service shall take all reasonable steps to ensure the safety of every inmate and that every inmate is

    • (a) adequately clothed and fed;

    • (b) provided with adequate bedding;

    • (c) provided with toilet articles and all other articles necessary for personal health and cleanliness; and

    • (d) given the opportunity to exercise for at least one hour every day outdoors, weather permitting, or indoors where the weather does not permit exercising outdoors.

 
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