PART ICorrections (continued)
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 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 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 means a laboratory authorized by Commissioner’s Directives to analyse samples; (laboratoire)
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 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)
(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.
(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
(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
(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.
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