Corrections and Conditional Release Regulations

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.