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 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.
- SOR/2015-171, s. 6
- SOR/2019-299, s. 16
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