Corrections and Conditional Release Act — C-44.6 94.7
Exigent circumstances — declaration 94.7 (1) The institutional head of a penitentiary may declare in writing that exigent circumstances exist with respect to (a) a designated immigrant station adjacent to the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the designated immigrant station or to the security of the designated immigrant station; or (b) the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the penitentiary or to the security of the penitentiary. Notice — staff members and detention enforcement officers (2) If the institutional head declares under subsection (1) that exigent circumstances exist with respect to a designated immigrant station adjacent to the penitentiary or with respect to the penitentiary adjacent to a designated immigrant station, the institutional head must immediately notify the staff members of the penitentiary and the detention enforcement officers of the designated immigrant station. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify the staff members and detention enforcement officers. Notice — portion of Service that administers health care (3) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head must immediately notify the portion of the Service that administers health care. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify that portion of the Service. Additional support (4) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head may, during the period in which they are satisfied that the exigent circumstances exist, authorize a staff member to search, escort, arrest or detain an immigration detainee in the designated immigrant station to assist a detention enforcement officer in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b). Health care (5) During the period that begins when the portion of the Service that administers health care is notified under subsection (3) that exigent circumstances exist with respect to a designated immigrant station and ends when it is notified under that subsection that the exigent circumstances no longer exist, a registered health care professional employed or engaged by the Service may provide health care to an immigration detainee of the designated immigrant station if the professional considers it necessary in order to preserve the life of, or treat a serious bodily injury suffered by, that detainee. Delivery of items (6) If, in the course of activities carried out under an authorization granted under subsection (4), a staff member finds an item that the Canada Border Services Agency has prohibited within the designated immigrant station, the staff member must immediately deliver the item to a detention enforcement officer. Seizure (7) If an item is delivered to a detention enforcement officer under subsection (6), the detention enforcement officer may seize and hold the item under section 140 of the Immigration and Refugee Protection Act . Peace officer (8) In the course of activities carried out under an authorization granted under subsection (4), a staff member has all the powers, authority, protection and privileges that a peace officer has by law in respect of an immigration detainee. 2024, c. 17, s. 388