GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Regulations — 58.1
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. SOR/2024-181, s. 7
Corrections and Conditional Release Regulations — 60
60 For the purposes of this section and sections 61 to 72, 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 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 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 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 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 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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
collector means a staff member or any other person authorized in Commissioner’s Directives to collect samples on behalf of the Service; ( échantillonneur )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
container means a sterile container that is to be used to receive a sample; ( contenant )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
initial screening test means the first test of a sample, using an approved procedure, conducted by a laboratory; ( analyse initiale )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
laboratory means a laboratory authorized by Commissioner’s Directives to analyse samples; ( laboratoire )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
sample means a quantity of unadulterated urine sufficient to permit analysis, using an approved procedure, by a laboratory; ( échantillon d’urine )
Corrections and Conditional Release Regulations — Corrections and Conditional Release Regulations
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 )
Corrections and Conditional Release Regulations — 61
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.
Corrections and Conditional Release Regulations — 62
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.
Corrections and Conditional Release Regulations — 63
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.
Corrections and Conditional Release Regulations — 64
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.
Corrections and Conditional Release Regulations — 65
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.
Corrections and Conditional Release Regulations — 66
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.
Corrections and Conditional Release Regulations — 67
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.
Corrections and Conditional Release Regulations — 68
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.
Corrections and Conditional Release Regulations — 69
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.
Corrections and Conditional Release Regulations — 70
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.
Corrections and Conditional Release Regulations — 71
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.
Corrections and Conditional Release Regulations — 72
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.
Corrections and Conditional Release Regulations — 73
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. SOR/2019-299, s. 18
Corrections and Conditional Release Regulations — 74
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. SOR/2019-299, s. 19
Corrections and Conditional Release Regulations — 75
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
Corrections and Conditional Release Regulations — 76
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
Corrections and Conditional Release Regulations — 77
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. SOR/2019-299, s. 21
Corrections and Conditional Release Regulations — 78
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. SOR/2019-299, s. 22
Corrections and Conditional Release Regulations — 79
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. SOR/2019-299, s. 23(F)
Corrections and Conditional Release Regulations — 80
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
Corrections and Conditional Release Regulations — 80.1
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
Corrections and Conditional Release Regulations — 81
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.
Corrections and Conditional Release Regulations — 82
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).
Corrections and Conditional Release Regulations — 83
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.
Corrections and Conditional Release Regulations — 84
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.