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Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2021-09-11 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Search and Seizure (continued)

Return or Forfeiture of Items Seized

  •  (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.

Urinalysis Testing

Interpretation

 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

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

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

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

positive

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

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)

Authorization

  •  (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.

Requirement to Provide a Sample

 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.

  •  (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.

  •  (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.

 
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