PART ICorrections (continued)
Urinalysis Testing (continued)
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.
70 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.
71 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.
72 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
73 (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) If the institutional head or staff member designated by the institutional head is notified under 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
74 (1) If an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint 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) If a supervisor refuses to review a complaint under 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.
75 If an offender is not satisfied with the decision referred to in subsection 74(3) or if a supervisor refuses to review a complaint under subsection 74(4), the offender may submit a written grievance
(a) to the institutional head, to the director of the parole district or to the health services official designated by Commissioner’s Directive, as the case may be; or
(b) if the institutional head, the director of the parole district or the health services official designated by Commissioner’s Directive is the subject of the grievance, to the Commissioner.
- SOR/2013-181, s. 1
- SOR/2019-299, s. 20
76 (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
77 (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.
(4) This section does not apply to grievances related to health services.
78 The person who is reviewing a grievance under section 75 shall give the offender a copy of the person’s decision as soon as practicable after the offender submits the grievance.
79 (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.
80 (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 practicable after the offender submits an appeal.
- SOR/2013-181, s. 3
- SOR/2019-299, s. 24
80.1 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
81 (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.
82 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).
83 (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.
84 The institutional head shall take all reasonable steps to ensure that the effects of an inmate that are permitted to be taken into and kept in the penitentiary are protected from loss or damage.
85 (1) Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate’s personal effects
(a) in the case of effects other than legal or official documents, two years after the date of the escape; and
(b) in the case of legal or official documents, seven years after the date of the escape.
(2) The institutional head shall not dispose of an inmate’s effects under subsection (1) unless the institutional head has taken all reasonable steps to determine
(a) that the inmate is not in custody in Canada;
(b) that, where the inmate is in custody in a foreign state, no extradition application is contemplated and the inmate has not applied to the foreign state for a transfer to Canada pursuant to an agreement between that state and Canada; and
(c) that the inmate does not have a next of kin to whom the effects can be sent.
(3) Where the institutional head disposes of an inmate’s personal effects, other than legal or official documents, under subsection (1), the institutional head may
(a) give the effects to a charitable organization located in the vicinity of the penitentiary;
(b) destroy the effects, if the effects are unusable; or
(c) remit the effects to Her Majesty in right of Canada.
(4) Where the institutional head, under subsection (1), disposes of an inmate’s personal effects that are legal or official documents, the institutional head shall dispose of the effects in accordance with the instructions of the Public Trustee or other appropriate official of the province in which the penitentiary is located.
86 The Commissioner shall, while visiting a penitentiary, provide a reasonable opportunity for an interview with any inmate who has a concern respecting any matter referred to in section 70 of the Act and who requests an interview with the Commissioner.
87 The institutional head shall provide any inmate who requests an interview with the institutional head with a reasonable opportunity for an interview.
88 The Service shall ensure that a person is available to any inmate who is unable to read or write to assist the inmate in preparing and reading the inmate’s correspondence
(a) in the official language of the inmate’s choice; or
(b) where practicable, in another language of the inmate’s choice.
89 (1) Subject to subsection 94(1), a staff member may inspect an envelope or a package sent or received by an inmate to the extent necessary to determine whether the envelope or package contains contraband, but the staff member may not read the contents of the envelope or package.
(2) Sections 57 to 59 apply in respect of contraband that is in the possession of the Service as a result of an inspection referred to in subsection (1).
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