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

• 58.1 (1) The institutional head shall immediately submit a written report on the use of a dry cell to the staff member at regional headquarters who is designated by name or position for that purpose in Commissioner’s Directives if

  • (a) the institutional head authorizes the detention of an inmate in a dry cell, but a body scanner is not in the penitentiary or is not in proper working order or a detailed body scan search cannot be conducted;

  • (b) an inmate has remained in a dry cell for a period of 48 hours from initial detention; or

  • (c) an inmate’s detention in a dry cell ends for any reason.

• (2) The institutional head shall immediately submit a written report on the use of a dry cell to the responsible staff member at regional headquarters and the staff member at national headquarters who are designated by name or position for that purpose in Commissioner’s Directives when an inmate

  • (a) has remained in a dry cell for a period of 72 hours from initial detention and an additional 24-hour period of detention in a dry cell is authorized; or

  • (b) has remained in a dry cell for a period of 96 hours from initial detention and an additional 24-hour period of detention in a dry cell is authorized.

• (3)  Every report on the use of a dry cell submitted by the institutional head under subsection (1) or (2) must contain the following:

  • (a) the information set out in subsection 58(4);

  • (b) the facts, including any new facts since the initial authorization for detention in a dry cell, leading the institutional head to be satisfied that there are reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum as well as that one of the circumstances set out in paragraphs 53.2(1)(a) to (c) exists, as the case may be, and the institutional head’s expectation that the contraband will be expelled;

  • (c) the results of all body scan searches of the inmate conducted while the inmate was detained in a dry cell or immediately prior to their detention;

  • (d) an indication of the inmate’s state of health and health care needs; and

  • (e) confirmation that the inmate was provided with adequate food and water, as well as their prescribed medications.

Return or Forfeiture of Items Seized

• 59 (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

60 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

• 61 (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

62 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.

• 63 (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.

• 64 (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.

• 65 (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.

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.