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Regulation number	Title
2011, c.132	Corrections Act

Under section 35 of the Corrections Act, the Lieutenant-Governor in Council makes the following Regulation:

2018-38

1This Regulation may be cited as the General Regulation - Corrections Act.

2In this Regulation

“Act” means the Corrections Act;(Loi)

“contraband” means anything that an inmate is not permitted to have in his possession;(contrebande)

“designated authority” Repealed: 2010-72

“employee” means an employee of the Community and Correctional Services Division of the Department of Justice and Public Safety;(employé)

“health care professional” means a medical practitioner or registered nurse licensed in the Province;(professionnel des soins de santé)

“officer” means an employee who is directly involved in the care, health, discipline, safety and custody of an inmate;(fonctionnaire)

“serious offence” means a serious offence as defined in subsection 467.1(1) of the Criminal Code (Canada).(infraction grave)

96-1; 2000, c.26, s.80; 2010-72; 2016, c.37, s.39; 2019, c.2, s.30; 2020, c.25, s.34

EMERGENCIES

3A superintendent may declare any circumstance to be an emergency, including, without limiting the generality of the foregoing, the following circumstances:

(a) riot;

(b) disturbance;

(c) fire;

(d) escape or attempted escape;

(e) hostage taking;

(f) death;

(g) shortage of employees where:

(i) employees scheduled to work are unable to report to work; or

(ii) extra employees are required for security purposes; and

(h) any other incident which causes disruption to the routine or security of a correctional institution, the public, employees and inmates.

4Where a superintendent has declared an emergency under section 3, he may recall employees who are off-duty and may require employees who are on-duty to remain.

SEARCHES

5When an inmate is admitted to a correctional institution, the superintendent shall ensure that the inmate is searched, showered and clothed with the clothing provided by the correctional institution.

6(1)A superintendent may authorize a search at any time of

(a) the correctional institution or any part of the correctional institution,

(b) Repealed: 86-16

(c) the property of an inmate, or

(d) any vehicle located on the premises of the correctional institution.

6(2)A superintendent may, on reasonable grounds, authorize a search of an inmate at any time.

86-16

7Where a superintendent suspects, on reasonable grounds, that an employee, officer or visitor to a correctional institution is bringing or attempting to bring contraband into or out of the correctional institution, he may authorize a search of the employee, officer or visitor or any property of the employee, officer or visitor that is located on the premises of the correctional institution.

8An officer may conduct an immediate search of an inmate without the authorization of the superintendent where the officer suspects, on reasonable grounds, that the inmate will dispose of contraband during the delay necessary to obtain the authorization of the superintendent.

9No inmate shall be searched by a person of the opposite sex unless

(a) the person is a health care professional, or

(b) the person is an officer who suspects, on reasonable grounds, that an immediate search is necessary because the inmate is concealing contraband that is dangerous or harmful.

10An inmate who refuses to be searched or resists a search may be placed in segregation until he submits to the search or until there is no longer a need to search the inmate.

INMATE DISCIPLINE

11(1)An inmate shall, upon being admitted to a correctional institution, be informed of this Regulation and of the disciplinary action that may be taken for violation of or failure to comply with any provision of this Regulation governing the conduct of inmates.

11(2)An inmate may be disciplined by the superintendent for a violation of or failure to comply with any provision of this Regulation governing the conduct of inmates.

12An inmate commits an infraction if he fails to:

(a) maintain living and work areas in a clean and tidy condition as required by an officer;

(b) be prompt and conscientious in the performance of regular duties of work which may be assigned;

(c) comply with all reasonable instructions made by an officer;

(d) maintain a high level of personal cleanliness;

(e) respect the rights and dignity of any other inmate; or

(f) make reasonable efforts to avoid behaviour which interferes with or is upsetting to any person.

13An inmate commits a misconduct if he:

(a) assaults or threatens to assault another person;

(b) damages private or public property;

(c) has contraband in his possession or deals in contraband with any person;

(d) smuggles contraband into or out of a correctional institution or to a section of the correctional institution where the item is prohibited by statute or regulation;

(e) escapes or is unlawfully at large from the correctional institution;

(f) gives or offers a bribe or reward to any person or receives a bribe or reward from any person;

(g) disobeys or fails to obey a lawful order of an officer or employee;

(h) refuses or fails to do his work;

(i) wastes food or damages equipment or material;

(j) commits an indecent act by gesture, actions or in writing towards another person;

(k) gambles for exchange of anything of value;

(l) creates or incites a disturbance likely to endanger the security of the correctional institution including using loud, indecent, abusive, profane or insulting language;

(m) counsels, aids or abets another person to commit an act in violation of any statute or regulation;

(n) fails or refuses to observe fire safety regulations and rules, alters, damages or interferes with any fire procedure, fire exit or equipment;

(o) interferes with the work performance of other inmates;

(p) 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;

(q) leaves a cell, place of work or other appointed work without proper authority;

(r) refuses or fails to pay a fee or charge that the inmate is required to pay under the Act or any regulation made thereunder;

(s) obstructs an investigation conducted or authorized by lawful authority;

(t) fails to abide by any term or condition of a temporary absence;

(u) violates or fails to comply with any statute or regulation governing the conduct of inmates;

(v) does any act that is calculated to prejudice the good order or discipline of the correctional institution; or

(w) attempts to do anything referred to in paragraphs (a) to (v).

96-1

14When an inmate is charged with an infraction or a misconduct, the superintendent shall

(a) inform him of the nature of the charge,

(b) conduct a hearing, and

(c) determine whether the inmate has committed an infraction or a misconduct.

15Where a superintendent determines that an inmate has committed an infraction, he shall impose one or more of the following penalties:

(a) verbal warning;

(b) reduction or suspension of privileges for an established period of time;

(c) performance of additional work; or

(d) confinement to a dormitory, cell or unit.

16(1)Where a superintendent determines that an inmate has committed a misconduct, he shall impose one or more of the following penalties:

(a) reduction or suspension of privileges for an established period of time;

(b) payment of part or all of the cost to repair the damage done by the inmate;

(c) performance of additional work;

(d) confinement to a dormitory, cell or unit;

(e) segregation for an indefinite period of time, not to exceed five days without the prior approval of the Director of Correctional Services; or

(f) loss of remission, not to exceed ten days without the prior approval of the Director of Correctional Services.

16(2)Notwithstanding subsection (1), a superintendent may recommend to a crown prosecutor that a criminal proceeding be instituted against an inmate.

17(1)Where a superintendent has taken disciplinary action against an inmate, he shall advise the inmate of the inmate grievance procedure.

17(2)An appeal by an inmate from any penalty imposed under section 15 or subsection 16(1) shall be treated as an inmate grievance.

18Where a superintendent determines that an inmate in a Community Residential Centre has committed a misconduct, he may place that inmate in another correctional institution.

SEGREGATION

19A superintendent may place an inmate in 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 segregated to protect the security of the correctional institution or the safety of other inmates;

(c) the inmate is alleged to have committed a breach of any provision of this Regulation governing the conduct of inmates;

(d) the inmate is undergoing a sentence of segregation; or

(e) the inmate requests to be placed in segregation.

20A superintendent shall review the circumstances of each inmate who is placed in segregation pursuant to section 19 at least once in every twenty-four hour period to determine whether segregation of the inmate should be continued.

USE OF FORCE

21No officer or employee shall use force against an inmate unless force is required to

(a) enforce discipline and maintain order within a correctional institution,

(b) defend the officer or employee, another officer or employee or inmate from assault,

(c) control a rebellious or disturbed inmate, or

(d) conduct a search,

but where force is used against an inmate, the amount of force 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.

22Where an officer or employee uses force against an inmate, the officer or 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.

INMATE EXPENSES

23(1)The amount of the expenses to be paid under subsection 25(1) of the Act is the per diem rate based upon the average per diem cost of institutional operations for the preceding year.

23(2)Upon delivery of an inmate to a correctional institution, the amount referred to in subsection (1) shall be paid to the superintendent

(a) in cash,

(b) by money order which shall be made payable to the Minister of Finance and Treasury Board, or

(c) by certified cheque which shall be made payable to the Minister of Finance and Treasury Board.

2018-38; 2019, c.29, s.35

24(1)The amount of the expenses to be paid under subsection 25(2) of the Act is six dollars per day.

24(2)The amount referred to in subsection (1) shall be paid

(a) in cash by the inmate to the superintendent, or

(b) by deduction from the trust account of the inmate.

2018-38

TEMPORARY ABSENCE

96-1

25(1)An inmate may be granted a temporary absence for medical assistance, humanitarian reasons, administrative considerations or for education, employment, training or any other activity which might be of assistance in the inmate’s rehabilitation.

25(2)Subject to subsection (4), an inmate sentenced to twelve months or more is eligible for a temporary absence under subsection (1) upon serving at least one-third of his or her sentence or six months, whichever is greater.

25(3)Subject to subsection (4), an inmate sentenced to less than twelve months is eligible for a temporary absence under subsection (1) upon serving at least one-sixth of his or her sentence.

25(4)An inmate is eligible for a temporary absence under subsection (1) before serving the portion of his or her sentence referred to in subsection (2) or (3) if

(a) the superintendent

(i) declares an emergency under section 3,

(ii) determines that granting a temporary absence is necessary to ensure the safety and security of the correctional institution and the employees and inmates of the correctional institution, and

(iii) is satisfied that the inmate will not present an undue risk to society during the temporary absence, and

(b) the inmate is not serving a sentence for a serious offence.

96-1; 98-77; 2010-72

26(1)The superintendent of a correctional institution is designated as the person who may grant, refuse to grant or otherwise deal with temporary absences for inmates at that correctional institution.

26(2)A superintendent may

(a) grant, refuse to grant or otherwise deal with temporary absences, and

(b) impose conditions of the temporary absence and vary and remove imposed conditions.

26(3)A superintendent

(a) is not required to review more than one application for a temporary absence in any six month period made in respect of an inmate sentenced to twelve months or more except in respect of an application based on medical or humanitarian reasons, and

(b) is not required to review more than one application for a temporary absence in any three month period made in respect of an inmate sentenced to less than twelve months except in respect of an application based on medical or humanitarian reasons.

96-1; 98-77; 2010-72

27An inmate may make application for a temporary absence on a form provided by the Minister.

96-1

28If, on reasonable grounds, a superintendent is of the opinion that an inmate is not complying with the conditions of a temporary absence, the superintendent may

(a) suspend or revoke a temporary absence, and

(b) issue a warrant of committal.

96-1; 2010-72

29A warrant of committal is sufficient authority

(a) for a peace officer to arrest the inmate named in the warrant of committal and to convey the inmate to a correctional institution, and

(b) for any officer of a correctional institution to receive and detain the inmate.

96-1

30Where an investigation reveals that an inmate has not violated the conditions of a temporary absence, a superintendent may reinstate the temporary absence.

96-1; 2010-72

31A temporary absence authorization shall be in Form 1.

96-1

32A warrant of committal shall be in Form 2.

96-1

Form 1

Form 2

N.B. This Regulation is consolidated to December 18, 2020.

84-257 - General

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