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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)

Urinalysis Testing (continued)

Requirement to Provide a Sample (continued)

  •  (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.

Collection of Samples

  •  (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.

Testing of a Sample

 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.

Reporting of Test Results

  •  (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.

Consequences of Positive Test Results

 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.

 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.

 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.

 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.

Use of Force

  •  (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.

Offender Grievance Procedure

  •  (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.

 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.

  •  (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
 
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