Collection of Samples
66. (1) A sample shall be collected in the following manner:
(a) a collector shall be of the same sex as the donor;
(b) the collector shall ensure that the donor washes the donor’s hands before providing a sample;
(c) the collector shall provide the donor with a container for the sample and shall supervise as the donor provides the sample;
(d) the collector shall give the donor up to two hours to provide a sample, from the time of a demand;
(e) the collector shall ensure that the donor is kept separate from any other person except the collector and is supervised during the two hour period referred to in paragraph (d);
(f) once the sample has been provided, the collector shall, in the presence of the donor,
(i) seal the container with a pre-numbered seal,
(ii) affix a label identifying the sample in such a manner that the identity of the donor is not disclosed to the laboratory,
(iii) initial the label to certify that the container contains the sample provided by that donor,
(iv) request the donor to initial the label and to certify in writing that the sample in the container was provided by that person, and
(v) where the person is unable or refuses to comply with a request referred to in subparagraph (iv), initial the label in the place of the donor and certify in writing, in the presence of another person, that the person who provided the sample was unable or refused to comply with the request; and
(g) the collector shall maintain a record that indicates the number on the container that corresponds to the name of the donor.
(2) Where a person fails to provide a sample in accordance with subsection (1), the person shall be considered to have refused to provide the sample.
Testing of a Sample
67. The testing of a sample shall be conducted in the following manner:
(a) the urinalysis program co-ordinator shall, before sending the sample to a laboratory, enquire whether any over-the-counter or prescription medication was being taken by the donor at the time the sample was provided, and shall inform the laboratory of any such medication;
(b) the sample shall be tested by the laboratory, using an approved procedure; and
(c) if the result of the initial screening test is positive, a confirmation test shall be conducted on the sample.
Reporting of Test Results
68. (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
69. 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.
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