jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 (1) Every employee in the Ministry who is employed in the administration of the Act shall complete human rights and anti-racism training approved by the Minister every five years. O. Reg. 574/21, s. 2 (2). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of persons who were employed in the Ministry before the day this section came into force, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1); O. Reg. 50/22, s. 2.
1.2 (1) Every employee in the Ministry who works in a correctional institution, and every probation or parole officer, shall complete de-escalation training approved by the Minister every two years. O. Reg. 574/21, s. 2 (1). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of persons who were employed in the Ministry before the day this section began applying to them, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1); O. Reg. 50/22, s. 3.
1.3 (1) Every correctional officer, and every supervisor of a correctional officer, shall complete use of force training approved by the Minister every two years. O. Reg. 574/21, s. 2 (1). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of correctional officers or supervisors who were employed before the day this section came into force, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1) ; O. Reg. 50/22, s. 4. PART I   CORRECTIONAL INSTITUTIONS Duties of Superintendent, Health Care Professionals, Employees
2. (1) The Superintendent of a correctional institution is responsible for the management of the institution and for the care, health, discipline, safety and custody of the inmates under the Superintendent’s authority, and, without limiting the generality of the foregoing, the Superintendent shall, (a) supervise the admission and release of each inmate from the institution; (b) supervise the recording, guarding and disposition of inmate property; (c) conduct reviews in discipline cases; (d) supervise the admission and conduct of persons visiting the institution; and (e) supervise the searches conducted on inmates and employees.  R.R.O. 1990, Reg. 778, s. 2 (1). (2) The Superintendent shall, (a) administer the institution in accordance with the Act, the regulations and any instructions issued from time to time by the Minister to the Superintendent; (b) issue to the employees of the institution such directions as may be necessary to fulfil the responsibilities of a Superintendent; (c) establish administrative procedures to be followed on the admission, discharge, escape, illness or death of an inmate and on the assignment of employees’ and inmates’ duties; and (d) ensure that inmates are informed of their duties and privileges while in the care and custody of the Superintendent.  R.R.O. 1990, Reg. 778, s. 2 (2). (3) The Superintendent shall forward immediately to the proper authority an application of an inmate for, (a) appeal; (b) a writ of habeas corpus or an order in the nature of mandamus; (c) parole; or (d) a transfer under the Transfer of Offenders Act (Canada).  R.R.O. 1990, Reg. 778, s. 2 (3).
3. Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or this Regulation may be delegated by the Superintendent to any person or persons to act as designated representative of the Superintendent for the purpose of the effective administration of the Act and the delegation shall be subject to such limitations, restrictions, conditions and requirements as the Superintendent considers necessary for the purpose.  R.R.O. 1990, Reg. 778, s. 3.
4. (1) There shall be one or more health care professionals in each institution to be responsible for the provision of health care services within the institution and to control and direct the medical and surgical treatment of all inmates.  R.R.O. 1990, Reg. 778, s. 4 (1). (2) The health care professional shall ensure that every inmate receives a medical examination as soon as possible after admission to the institution.  R.R.O. 1990, Reg. 778, s. 4 (2). (3) The health care professional shall immediately report to the Superintendent whenever the health care professional determines that an inmate is seriously ill.  R.R.O. 1990, Reg. 778, s. 4 (3). (4) When an inmate is injured, a health care professional shall, (a) examine the inmate’s injuries; (b) ensure such treatment as seems advisable; and (c) make a written report to the Superintendent concerning the nature of the injury and the treatment provided.  R.R.O. 1990, Reg. 778, s. 4 (4). (5) When an inmate claims to be unable to work by reason of illness or disability, a health care professional shall examine the inmate and if, in his or her opinion, the inmate is unfit to work or the work should be changed, the health care professional shall immediately report the fact in writing to the Superintendent whereupon the inmate shall be relieved of work duties or have his or her work changed or be admitted to hospital or elsewhere for medical treatment as directed.  R.R.O. 1990, Reg. 778, s. 4 (5).
5. If an inmate becomes seriously ill, the Superintendent shall notify the inmate’s close relatives and a minister of religion, preferably of the denomination to which the inmate belongs, and may notify any other person or persons that the inmate requests be notified of the illness.  R.R.O. 1990, Reg. 778, s. 5.
6. If an inmate dies while confined in an institution, the Superintendent shall immediately make a report concerning the death to the Minister and the report shall include, (a) the name of the inmate; (b) the names of the close relatives of the inmate; and (c) the cause of death and the surrounding circumstances.  R.R.O. 1990, Reg. 778, s. 6.
7. (1) No employee shall use force against an inmate unless force is required in order to, (a) enforce discipline and maintain order within the institution; (b) defend the employee or another employee or inmate from assault; (c) control a rebellious or disturbed inmate; or (d) conduct a search.  R.R.O. 1990, Reg. 778, s. 7 (1). (2) When an employee uses force against an inmate, the amount of force used shall be reasonable and not excessive having regard to the nature of the threat posed by the inmate and all other circumstances of the case.  R.R.O. 1990, Reg. 778, s. 7 (2). (3) Where an employee uses force against an inmate, the employee shall file a written report with the Superintendent indicating the nature of the threat posed by the inmate and all other circumstances of the case.  R.R.O. 1990, Reg. 778, s. 7 (3). Duties of Minister
7.1 Where social or cultural supports, including social workers and people who provide culturally relevant services to Indigenous inmates, are accessed by the inmate, the Minister shall make reasonable efforts to obtain relevant information from the people who provided those supports and use the information to inform discipline, misconduct and segregation decisions relating to that inmate. O. Reg. 574/21, s. 3.
7.2 The Minister shall make reasonable efforts to provide inmates who have unique or complex needs with access to services and programs that provide specialized care to assess and treat those needs. O. Reg. 574/21, s. 3.
7.3 The Minister shall conduct and complete a review of the use of strip searches in correctional institutions and their operational impact before September 30, 2028. O. Reg. 190/23, s. 2. Admission to Institution
8. (1) The Superintendent shall not admit any person into custody at an institution except under the authority of a warrant of committal, an order for remand or other judicial document constituting authority for detention of the person therein.  R.R.O. 1990, Reg. 778, s. 8 (1). (2) Despite subsection (1), a Superintendent shall admit a person into custody at an institution without a warrant of committal, an order for remand or other judicial document where, (a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution; (b) the person is delivered to the institution after being apprehended under section 39 of the Act; (c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit; or (d) the institution is designated as a lock-up.  R.R.O. 1990, Reg. 778, s. 8 (2). (3) Despite clause (2) (d), the Superintendent of a lock-up shall not admit into custody at the lock-up any person who is in need of immediate medical attention.  R.R.O. 1990, Reg. 778, s. 8 (3).
9. When a person is admitted into custody at an institution, the person becomes an inmate of the institution and the Superintendent shall ensure that each inmate is searched, bathed and clothed in the proper manner.  R.R.O. 1990, Reg. 778, s. 9. Inmate Property
10. (1) The inmate shall surrender to the Superintendent all property, including money and personal belongings, in the inmate’s physical possession at the time of admission to the institution.  O. Reg. 164/10, s. 1. (2) The non-perishable property that the inmate is not permitted to retain in his or her possession shall be deposited with the Superintendent.  O. Reg. 132/09, s. 1. (3) The perishable property that the inmate is not permitted to retain in his or her possession shall be dealt with as the inmate may reasonably direct or else be destroyed by the Superintendent.  O. Reg. 132/09, s. 1. (4) The Superintendent shall not disburse or deduct any amount from the money the inmate surrenders except, (a) banking fees or charges that are incurred by the Ministry resulting from transactions authorized by the inmate; (b) the amount of any deduction or payment required by law; and (c) an amount in accordance with a request made in writing by the inmate and approved by the Superintendent.  O. Reg. 132/09, s. 1. (5) When an inmate is paroled, discharged or transferred, the Superintendent shall, subject to subsection (4), return to the inmate all money surrendered by the inmate.  O. Reg. 132/09, s. 1.
11. (1) When or shortly after a person becomes an inmate of an institution, the Superintendent shall cause to be personally delivered to the inmate a written notice regarding, (a) the place where the inmate’s property may be claimed when the inmate is paroled, discharged or transferred to a community resource centre; (b) the period during which the property will be held by the Superintendent for the inmate after parole, discharge or transfer to a community resource centre; and (c) the proposed disposition of the property in the event that it is not claimed by the inmate.  O. Reg. 164/10, s. 2 (1). (2) Revoked:  O. Reg. 164/10, s. 2 (1). (3) The Superintendent is not required to give notice under subsection (1) in respect of money in an inmate’s trust account amounting to less than $5, and if that money remains unclaimed for ninety days after the inmate is paroled, discharged or transferred to a community resource centre, it shall be deposited in the Consolidated Revenue Fund.  R.R.O. 1990, Reg. 778, s. 11 (3); O. Reg. 132/09, s. 2; O. Reg. 164/10, s. 2 (2). (4) Any property of an inmate that remains unclaimed for ninety days after the notice has been delivered to the inmate may be disposed of by the Superintendent in the following manner: 1. In the case of property having significant resale value, by forwarding the property to the Minister. 2. In the case of useful property that does not have any significant resale value, by donating the property to any person or organization that undertakes to use it for a charitable purpose. 3. In the case of any other property, by destroying it.  R.R.O. 1990, Reg. 778, s. 11 (4); O. Reg. 164/10, s. 2 (3). (5) Unclaimed property that has been forwarded to the Minister may be disposed of in any manner that the Minister considers appropriate.  R.R.O. 1990, Reg. 778, s. 11 (5). (6) Any money belonging to an inmate that is not claimed and all proceeds from the disposition of unclaimed property shall be deposited in the Consolidated Revenue Fund.  R.R.O. 1990, Reg. 778, s. 11 (6).
12. (1) Where an inmate becomes absent without authority from an institution, all property in the institution belonging to the inmate, except perishable property, shall be retained by the Superintendent, and if the property has not been claimed by the inmate within twelve months following the date that the inmate became absent, the property may be disposed of pursuant to section 11.  R.R.O. 1990, Reg. 778, s. 12 (1). (2) All perishable property belonging to an inmate who becomes absent without authority from the institution may be immediately disposed of by the Superintendent in any manner that the Superintendent considers appropriate.  R.R.O. 1990, Reg. 778, s. 12 (2). (3) The Superintendent shall keep a record of all unclaimed property of an inmate that is disposed of under this Regulation and the record shall include, (a) the name of the inmate who owned the property; (b) a description of the property disposed of; (c) the person or organization in receipt of the property; and (d) the proceeds of the disposition, if any.  R.R.O. 1990, Reg. 778, s. 12 (3). Visiting Privileges
13. No person, including a visitor and any person accompanying a visitor, shall be present on the premises of an institution without the approval of the Superintendent and the Superintendent may impose such conditions and limitations upon the person while on the premises of the institution as the Superintendent considers necessary to ensure the safety of employees and inmates and the security of the institution.  R.R.O. 1990, Reg. 778, s. 13.
14. (1) An inmate shall be permitted visits during reasonable hours from a minister of religion, a probation officer, a parole officer, a volunteer or the inmate’s solicitor.  R.R.O. 1990, Reg. 778, s. 14 (1). (2) In addition to the visits permitted under subsection (1), an inmate serving a sentence of imprisonment shall be permitted at least one visit each week.  R.R.O. 1990, Reg. 778, s. 14 (2). (3) In addition to the visits permitted under subsection (1), an inmate not serving a sentence of imprisonment shall be permitted at least two visits each week.  R.R.O. 1990, Reg. 778, s. 14 (3). (4) No child under the age of sixteen years shall be permitted access to an institution to visit an inmate unless, (a) the child is accompanied by an adult; or (b) permission is granted by the Superintendent for the child to visit the inmate unaccompanied.  R.R.O. 1990, Reg. 778, s. 14 (4). (5) Despite subsections (1), (2), (3) and (4), a Superintendent may suspend all visiting privileges if the Superintendent is of the opinion that a state of emergency exists at the institution.  R.R.O. 1990, Reg. 778, s. 14 (5).
15. No visitor to an institution shall without the approval of the Superintendent, (a) communicate with an inmate; (b) sketch or take photographs; or (c) receive, give, trade or sell any article to or from an inmate.  R.R.O. 1990, Reg. 778, s. 15. Correspondence Privileges
16. An inmate shall be permitted to send one letter upon admission to an institution and at least two letters each week thereafter and, where the inmate has not been awarded a weekly incentive allowance, the inmate shall be given sufficient stationery and postage in order to send the letters.  R.R.O. 1990, Reg. 778, s. 16.
17. (1) All letters and parcels sent to or from an inmate may be read or inspected by the Superintendent or by an employee designated by the Superintendent for that purpose, and the Superintendent may refuse to forward any letter or parcel or may delete part of a letter if, in the opinion of the Superintendent, the contents are prejudicial to the best interests of the recipient or are prejudicial to the public safety or the security of the institution.  R.R.O. 1990, Reg. 778, s. 17 (1). (2) Subsection (1) does not apply to a letter sent by an inmate to, or to an inmate from, (a) the inmate’s solicitor; (b) a member of the Legislative Assembly of Ontario; (c) a member of the Parliament of Canada; (d) the Deputy Minister; or (e) the Ombudsman or the Correctional Investigator of Canada.  R.R.O. 1990, Reg. 778, s. 17 (2); O. Reg. 574/21, s. 4. (3) A letter referred to in clause (2) (a), (a) shall not be opened by the Superintendent or the Superintendent’s designate unless the inmate and a staff witness are present; (b) may be inspected for contraband; and (c) shall not be read by the Superintendent or the Superintendent’s designate unless there are reasonable and probable grounds to believe that it contains material that is not privileged as a solicitor-client communication.  R.R.O. 1990, Reg. 778, s. 17 (3). (4) A letter referred to in clause (2) (b), (c) or (d) may be opened, read and inspected for contraband by the Superintendent or the Superintendent’s designate.  R.R.O. 1990, Reg. 778, s. 17 (4). (5) A letter referred to in clause (2) (e) shall not be opened, read or inspected for contraband by the Superintendent or the Superintendent’s designate.  R.R.O. 1990, Reg. 778, s. 17 (5).
17.1 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that telephone conversations between an inmate and any other persons be listened to or otherwise intercepted where the Superintendent or designated employee believes on reasonable grounds that the conversations will contain evidence of an act that would jeopardize the security of the institution or the safety of any person.  O. Reg. 254/03, s. 1. (2) Every correctional institution shall have a telephone system that ensures the confidentiality of telephone conversations between an inmate and a person described in clause 17 (2) (a), (b), (c), (d) or (e) and subsection (1) does not apply to such telephone conversations.  O. Reg. 254/03, s. 1. (3) The telephone system in a correctional institution shall provide notice of the potential interception of a telephone conversation to both parties to the conversation by way of a voice-over message or other means.  O. Reg. 254/03, s. 1. (4) Where a telephone conversation is intercepted under subsection (1), the Superintendent or designated employee shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the interception.  O. Reg. 254/03, s. 1. (5) If informing the inmate as required by subsection (4) would adversely affect an ongoing investigation, the Superintendent or designated employee is not required to comply with that subsection until the investigation is complete.  O. Reg. 254/03, s. 1.
17.2 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that an inmate be prevented from communicating with a specified person by telephone if the Superintendent or designated employee believes on reasonable grounds that the security of the institution or the safety of any person would be jeopardized.  O. Reg. 254/03, s. 1. (2) The Superintendent or an employee designated by the Superintendent or the Deputy Minister for the purpose may authorize that an inmate be prevented from communicating with a specified person by telephone if the specified person, or his or her parent or guardian where the specified person is a minor, submits a request to the Superintendent or designated employee that he or she not receive any telephone communication from the inmate.  O. Reg. 254/03, s. 1; O. Reg. 574/21, s. 5. (3) Where an inmate is prevented under subsection (1) or (2) from communicating with a person by telephone, the Superintendent or designated employee, as the case may be, shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the prevented communication.  O. Reg. 254/03, s. 1. (4) If informing the inmate as required by subsection (3) would jeopardize the security of the institution or the safety of any person, the Superintendent or designated employee is not required to comply with that subsection until informing the inmate would no longer jeopardize the security of the institution or the safety of any person.  O. Reg. 254/03, s. 1. Inmate Employment
18. (1) Every inmate shall perform work in the institution and participate in any institutional program to which the inmate is assigned unless the inmate is medically exempt from performing the work or participating in the program.  R.R.O. 1990, Reg. 778, s. 18 (1). (2) The Superintendent of an institution shall keep a record, on a daily basis, of the work and conduct of each sentenced inmate.  R.R.O. 1990, Reg. 778, s. 18 (2). Canteen Privileges
19. (1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money held for him or her by the Superintendent.  O. Reg. 132/09, s. 3. (2) No inmate shall purchase more than $60 worth of items from the institutional canteen in one week without the Superintendent’s permission.  O. Reg. 132/09, s. 3.
20. Revoked:  O. Reg. 132/09, s. 4.
21. Revoked:  O. Reg. 132/09, s. 5. Searches
22. The Superintendent may authorize searches under section 22.1 or 22.2 for the purpose of the security of the correctional institution or the safety of persons. O. Reg. 50/22, s. 5.
22.1 (1) The Superintendent may authorize a search, at any time, of, (a) the premises of the institution or any part thereof, including staff lockers; (b) the person of an inmate; (c) the property of an inmate; or (d) any vehicle on the premises of the institution. O. Reg. 50/22, s. 5. (2) An officer or manager may conduct an immediate search described in subsection (1) without the authorization of the Superintendent if the officer or manager has reasonable grounds to believe that an inmate will destroy or dispose of contraband during the delay necessary to obtain the authorization. O. Reg. 50/22, s. 5. (3) The Superintendent shall not authorize any manual searches of an inmate’s rectal or genital cavities under subsection (1), and no person shall conduct such a search except as part of, (a) a medical examination or treatment to which the inmate has consented; or (b) a medical examination or treatment in an emergency situation where patient consent is not required under the Health Care Consent Act, 1996. O. Reg. 190/23, s. 3.
22.3 Searches of inmates and other persons and of their property that are authorized under this Regulation must be conducted in a respectful manner and must take into account any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 5.
23. (1) An inmate shall only be subjected to a frisk search by a person who is of the same gender, unless it is not operationally feasible to have someone of the same gender conduct the search. O. Reg. 190/23, s. 6. (2) Subsection (1) applies subject to any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 6.
23.1 (1) An inmate shall only be subjected to a search using technical means that produces an image of the inmate’s body, including a search using an x-ray body scan, by a person who is of the same gender, unless it is not operationally feasible to have someone of the same gender conduct the search. O. Reg. 190/23, s. 6. (2) Subsection (1) applies subject to any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 6.
25. (1) The Superintendent shall ensure that a written record is made of every inmate search and the record shall include, (a) the name of the inmate searched; (b) the reason for the search; and (c) a description of any property seized or damaged in the search.  R.R.O. 1990, Reg. 778, s. 25 (1). (2) The Superintendent shall inform an inmate of any seizure or damage to property belonging to the inmate arising from a search conducted without the knowledge of the inmate.  R.R.O. 1990, Reg. 778, s. 25 (2). Note: On July 31, 2024, section 25 of the Regulation is amended by adding the following subsection: (See: O. Reg. 190/23, s. 8) (3) In the case of a strip search, the written record must also include, (a) the names of the officers or managers who conducted and witnessed the search; (b) the date and time of the strip search; (c) where applicable, the name of the person who approved the search or, if the search was not approved, the justification for not having obtained the approval; (d) the circumstances that gave rise to the search; (e) confirmation from the officers or managers who conducted and witnessed the search that they complied with the requirements of section 24; (f) if an exception described in subsection 24 (16) or (19) was relied on, the justification for relying on the exception; and (g) whether any Human Rights Code accommodations needs were identified and, if so, how those needs were addressed. O. Reg. 190/23, s. 8.
25.1 (1) The Superintendent shall provide the Minister with statistical information on searches of persons other than inmates in the correctional institution that are authorized under section 22.2 every four months. O. Reg. 50/22, s. 7. Note: On July 31, 2024, section 25.1 of the Regulation is amended by adding the following subsection: (See: O. Reg. 190/23, s. 9) (2) The Superintendent shall provide the Minister with information on the use of strip searches in the correctional institution at least once every year. O. Reg. 190/23, s. 9.
26. An inmate who refuses to be searched or resists a search may be held in non-disciplinary segregation until the inmate submits to the search or until there is no longer a need to search the inmate. R.R.O. 1990, Reg. 778, s. 26; O. Reg. 363/19, s. 1; O. Reg. 574/21, s. 6.
27. (1) The Superintendent may seize contraband found during a search described in section 22.1. R.R.O. 1990, Reg. 778, s. 27 (1); O. Reg. 50/22, s. 8. (2) Subject to subsection (3), contraband seized under subsection (1) is forfeit to the Crown. R.R.O. 1990, Reg. 778, s. 27 (2). (3) If the Superintendent determines that the forfeiture of contraband belonging to an inmate would cause undue hardship to the inmate, the Superintendent shall hold the contraband in trust for the inmate until the inmate’s release or discharge from the institution. R.R.O. 1990, Reg. 778, s. 27 (3). (4) The Superintendent shall dispose of contraband that is forfeit to the Crown under subsection (2), (a) if the contraband is money, by depositing it in the Consolidated Revenue Fund; (b) if the contraband has significant resale value, by forwarding it to the Minister who may dispose of it in a manner that the Minister considers appropriate; (c) if the contraband is useful property that does not have significant resale value, by donating it to a person or an organization that undertakes to use it for a charitable purpose; and (d) if the contraband is not described in clause (a), (b) or (c), by destroying it. R.R.O. 1990, Reg. 778, s. 27 (4). Inmate Complaints
28. Where an inmate alleges that the inmate’s privileges have been infringed or otherwise has a complaint against another inmate or employee, the inmate may make a complaint in writing to the Superintendent.  R.R.O. 1990, Reg. 778, s. 28. Custody in Restricted Conditions
28.1 The Superintendent shall provide reports to the Minister every four months indicating the number of inmates who were held in highly restricted conditions for 20 to 22 hours per day in the preceding four-month period, along with information on how long they were held in such conditions. O. Reg. 574/21, s. 7. Segregation Requirements
28.2 (1) Inmates shall not be placed in, or remain in, segregation if either of the following circumstances apply: 1. The inmate has reported to the Ministry, or the Ministry is otherwise aware, that a regulated health professional who is qualified to make diagnoses within their clinical scope considers the inmate to be experiencing at least one of the following disorders: i. Amnestic or any other cognitive disorder. ii. Any major depressive disorder. iii. Any neurocognitive disorder. iv. Bipolar disorder I or II. v. Borderline personality disorder. vi. Brief psychotic disorder. vii. Delirium. viii. Delusional disorder. ix. Dementia. x. Obsessive-compulsive disorder. xi. Post-traumatic stress disorder. xii. Psychotic disorder not otherwise specified. xiii. Schizoaffective disorder. xiv. Schizophrenia (any sub-type). xv. Schizophreniform disorder. xvi. Substance-induced psychotic disorder (excluding intoxication and withdrawal). 2. An officer or a manager employed in the Ministry has observed the inmate experiencing at least one of the following or is aware, whether due to a report from the inmate or otherwise, that the inmate is experiencing at least one of the following: i. Significant impairment in judgment, including the inability to make decisions, confusion or disorientation. ii. Significant impairment in thinking, including paranoia or delusions that make the inmate a danger to themselves or others. iii. Significant impairment in mood that interferes with the inmate’s ability to effectively interact with other people, including constant depressed mood with helplessness, hopelessness, agitation or manic mood. iv. Significant impairment in behaviour and communication that interferes with the inmate’s ability to effectively interact with other people. v. Hallucinations, delusions or severe obsessional rituals that interfere with the inmate’s ability to effectively interact with other people. vi. Suicidal ideation resulting in elevated risk for suicide attempts. vii. Self-injury resulting in elevated risk for serious physical or mental injury. O. Reg. 574/21, s. 8 (1). (2) If the Superintendent learns that the circumstances set out in subsection (1) apply to an inmate who is held in segregation, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. O. Reg. 574/21, s. 8 (1).
28.3 (1) The Superintendent shall ensure that inmates are not held in segregation for more than 15 consecutive days. O. Reg. 574/21, s. 8 (1). (2) If an inmate of a correctional institution has been held in segregation for 15 consecutive days, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. O. Reg. 574/21, s. 8 (1). (3) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not constitute a break in the inmate’s consecutive days of being held in segregation. O. Reg. 574/21, s. 8 (1).
28.4 (1) An inmate who is held in segregation retains, as far as practicable, all rights and privileges as if the inmate were not held in segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a measure under section 30 or 32. O. Reg. 574/21, s. 8 (1, 2). (2) An inmate who is held in segregation shall be given access to all programs and services that they would have been offered outside of segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a measure under section 30 or 32. O. Reg. 574/21, s. 8 (1, 2). (3) The programs and services referred to in subsection (2) may be adapted to the circumstances of segregation to the least restrictive extent reasonable in a manner that is necessary for the security of the correctional institution and the safety of persons. O. Reg. 574/21, s. 8 (1).
28.5 (1) The Superintendent shall ensure that an inmate who is held in segregation is assessed by a health care professional at least once every 24 hours. O. Reg. 574/21, s. 8 (1). (2) Any health care professional who assesses inmates held in segregation, (a) shall be enabled to provide any assessment or treatment the inmate requires; (b) shall report to the Superintendent without delay if, based on their assessment, there is evidence of an increasing risk of adverse effects on the inmate’s mental or physical health as a result of the continuance of the segregation; and (c) may recommend to the Superintendent that the conditions of confinement be altered in order to minimize any adverse effects on the inmate’s physical or mental health. O. Reg. 574/21, s. 8 (1). (3) A Superintendent who does not follow a recommendation made under clause (2) (c) shall document their rationale and make it available to the person who made the recommendation, the person who conducts reviews of the inmate under section 28.6 and the person who conducts aggregate reviews for the inmate under section 28.8. O. Reg. 574/21, s. 8 (3).
28.6 (1) The Minister shall, (a) review the circumstances of each inmate held in segregation no later than, (i) the fifth consecutive day the inmate is held in segregation, and (ii) each fifth consecutive day the inmate is held in segregation following the day on which a review is held under this section; and (b) order that the inmate be released from being held in segregation, if the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted. O. Reg. 574/21, s. 8 (1). (1.1) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. O. Reg. 574/21, s. 8 (4). (2) In reviewing the circumstances of the inmate held in segregation, the Minister shall consider, (a) any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b) any relevant information from health care professionals who have assessed the inmate in segregation; and (c) where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. O. Reg. 574/21, s. 8 (1). (3) A delegation of the Minister’s functions under this section shall comply with the following rules: 1. The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3. The functions shall not be exercised by anyone who was involved in, i. the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii. in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. 4. The person delegated to must report to the Minister the reasons for continuing to hold an inmate in segregation conditions no later than the 15th consecutive day the inmate is held in such conditions. O. Reg. 574/21, s. 8 (1).
28.7 (1) If an inmate who is no longer being held in segregation had been held in segregation for 15 consecutive days, the Superintendent shall not hold the inmate in segregation again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. O. Reg. 574/21, s. 9. (2) Despite subsection (1), the five-day interval may be shortened if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. O. Reg. 574/21, s. 9. (3) If the five-day interval is shortened pursuant to subsection (2), the Superintendent shall document the specific facts relating to their reasons for shortening the interval and provide that documentation to the Minister. O. Reg. 574/21, s. 9.
28.7.1 For the purposes of sections 28.8 and 28.9, an inmate’s segregation review period shall be determined in accordance with the following rules: 1. The segregation review period begins on the first day in which the inmate is held in segregation. 2. The segregation review period ends on the day immediately before the one-year anniversary of the day the segregation review period began. However, if the inmate is in segregation on the day the segregation review period would have ended, the segregation review period is extended until the day the inmate leaves segregation. 3. After the end of a segregation review period, a new segregation review period begins on the first subsequent day in which the inmate is put back in segregation. 4. Despite paragraph 2, the segregation review period of an inmate immediately ends if they leave the Ministry’s custody. O. Reg. 190/23, s. 10.
28.8 (1) The Minister shall review the circumstances of an inmate’s segregation no later than five days after each of the following times during an inmate’s segregation review period: 1. The 15th aggregate day on which the inmate is held in segregation in the segregation review period, but only if that day occurs within the first 90 days of the segregation review period. 2. The 30th aggregate day on which the inmate is held in segregation in the segregation review period, but only if that day occurs within the first 180 days of the segregation review period. 3. The 45th aggregate day on which the inmate is held in segregation in a segregation review period, regardless of when that day occurs during the segregation review period. O. Reg. 190/23, s. 11. (2) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. O. Reg. 574/21, s. 9. (3) In reviewing the circumstances of an inmate held in segregation, the Minister shall consider, (a) any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b) any relevant information from health care professionals who have assessed the inmate in segregation; and (c) where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. O. Reg. 574/21, s. 9. (4) If the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted, the Minister shall order that the inmate be released from being held in segregation. O. Reg. 574/21, s. 9. (5) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. O. Reg. 574/21, s. 9. (6) The calculations described in subsection (1) shall only count days in segregation that occurred on or after the day this section came into force. O. Reg. 574/21, s. 9. (7) A delegation of the Minister’s functions under this section shall comply with the following rules: 1. The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3. The functions shall not be exercised by anyone who was involved in, i. the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii. in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. O. Reg. 574/21, s. 9.
28.9 (1) The Superintendent shall ensure that no inmate is held in segregation for more than 60 aggregate days in a segregation review period, subject to subsection (2). O. Reg. 190/23, s. 12. (2) An inmate may be held in segregation for more than 60 aggregate days in a segregation review period if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. O. Reg. 190/23, s. 12. (3) If the 60-day maximum is exceeded pursuant to subsection (2), the Superintendent shall document the specific facts relating to the grounds for exceeding the maximum and provide that documentation to the Minister. O. Reg. 574/21, s. 9. (4) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. O. Reg. 574/21, s. 9. (5) The calculations described in this section shall only count days in segregation that occurred on or after the day this section came into force. O. Reg. 574/21, s. 9. Non-disciplinary Segregation
28.10 (1) Subject to subsections (2), (3) and (4), the Superintendent may hold an inmate in non-disciplinary segregation if, (a) in the opinion of the Superintendent, the inmate is in need of protection; (b) in the opinion of the Superintendent, the inmate must be held in non-disciplinary segregation to protect the security of the institution or the safety of other inmates; or (c) the inmate refuses to be searched or resists a search as described in section 26. O. Reg. 574/21, s. 10. (2) The Superintendent may hold an inmate in non-disciplinary segregation only in exceptional cases and as a last resort due to an imminent risk to the safety or security of the inmate or others within the institution, and only if all other options to manage the inmate without segregation have been exhausted. O. Reg. 574/21, s. 10. (3) An inmate shall only be held in non-disciplinary segregation for as short a time as possible. O. Reg. 574/21, s. 10. (4) Non-disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. O. Reg. 574/21, s. 10.
28.11 The Superintendent shall, (a) conduct a review of the case of any inmate who is held in non-disciplinary segregation within 24 hours after they begin to be held in non-disciplinary segregation; and (b) release the inmate from being held in non-disciplinary segregation if the Superintendent is of the opinion that continuing to hold the inmate in non-disciplinary segregation is not warranted. O. Reg. 574/21, s. 10. Inmate Misconduct
28.12 (1) The Superintendent shall, as soon as practicable upon admission, provide each inmate, in writing, with any regulations or rules governing the conduct of inmates and a list of the possible disciplinary measures for misconduct. O. Reg. 574/21, s. 11. (2) The Superintendent shall provide an inmate with a copy of the information described in subsection (1) on request. O. Reg. 574/21, s. 11. (3) The regulations or rules governing the conduct of inmates shall also be posted in each inmate’s living unit. O. Reg. 574/21, s. 11. (4) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the regulation or rule is provided to the inmate under subsection (1) or (2) or posted in the inmate’s living unit under subsection (3). O. Reg. 574/21, s. 11.
29. An inmate commits a misconduct if the inmate, (a) wilfully disobeys a lawful order of an officer; (b) commits or threatens to commit an assault upon another person; (c) makes a gross insult, by gesture, use of abusive language or other act, directed at any person; (d) takes or converts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property; (e) damages any property that is not owned by the inmate; (f) has contraband in their possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the institution; (g) creates or incites a disturbance likely to endanger the security of the institution; (h) escapes, attempts to escape or is unlawfully at large from an institution; (i) leaves a cell, place of work or other appointed place without proper authority; (j) gives or offers a bribe or reward to an employee of the institution; (k) counsels, aids or abets another inmate to do an act in contravention of the Act and regulations; (l) obstructs an investigation conducted or authorized by the Superintendent; (m) wilfully breaches or attempts to breach any other regulation or written rule governing the conduct of inmates of which the inmate has received notice or has been deemed to have received notice under section 28.12; or (n) wilfully breaches or attempts to breach any term or condition of a temporary absence. O. Reg. 574/21, s. 12.
32. (1) If the Superintendent determines under section 31 that an inmate has committed a misconduct, the Superintendent shall consider the factors set out in subsection 30 (4) to determine what measure is proportionate and reasonable for the misconduct. O. Reg. 574/21, s. 15 (3). (2) The Superintendent may impose one or more of the following measures on the inmate who committed the misconduct, so long as they are proportionate and reasonable: 1. A measure described in paragraph 2 of subsection 30 (6). 2. Disciplinary segregation for a period of not more than 15 days, subject to subsection (3). 3. Revocation of a temporary absence permit. 4. Forfeiture of a portion or all of the remission that stands to the inmate’s credit but no such forfeiture shall exceed 15 days without the Minister’s approval. 5. Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of up to two months. 6. A change of security status. 7. Loss of all or some privileges, including the privilege of purchasing items from the institutional canteen, for a period of more than seven days but not more than 120 days. O. Reg. 574/21, s. 15 (3). (3) Disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. O. Reg. 574/21, s. 15 (3). (4) The Superintendent may, at their discretion, order that a measure that was previously imposed on an inmate under section 30 or under this section be shortened or mitigated. O. Reg. 574/21, s. 15 (3). (5) If the Superintendent has delegated their powers and duties under this section, the personal approval of the Superintendent or, in the absence of the Superintendent, the acting head of the correctional institution is required before the delegate can, (a) impose any of the measures described in paragraphs 2 to 7 of subsection (2); or (b) impose any measure that would have the same effect as a measure that can be imposed under paragraphs 2 to 7 of subsection (2) when combined with other measures that take effect consecutively or at the same time. O. Reg. 574/21, s. 15 (3).
32.1 A delegation of the Superintendent’s functions under section 31 or 32 shall comply with the following rules: 1. The person delegated to must be a manager or someone who is currently acting in the capacity of a manager. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Superintendent may set out in the delegation. 3. The functions shall not be exercised by anyone who was directly involved in the misconduct or its related incident. O. Reg. 574/21, s. 16.
32.2 The Superintendent shall provide the Minister with statistical information on the acts of misconduct that have been dealt with under sections 31 and 32 every four months, including statistics on, (a) the number of misconducts found to have been committed under section 31; and (b) the disciplinary measures imposed under section 32. O. Reg. 574/21, s. 17.