Corrections and Conditional Release Regulations

58 (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 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;

• (c.1) the search is a body scan search conducted under one of the following provisions:

  • (i) paragraph 50.2(b),

  • (ii) paragraph 50.2(d), if the search does not result in a dry cell detention,

  • (iii) subsection 54.1(2), or

  • (iv) subsection 56.1(2);

• (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 an inmate under paragraph 50.2(c) of these Regulations or 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) [Repealed, SOR/2024-181, s. 6]

(6) [Repealed, SOR/2024-181, s. 6]