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

50 The power of the institutional head to authorize strip searches of inmates under paragraph 49(3)(b) of the Act or, if applicable, detailed body scan searches, may be exercised by a staff member who is in a more senior position than the staff member referred to in subsection 49(3) of the Act.

50.1 A staff member may conduct a non-detailed body scan search of an inmate in the same circumstances that they may conduct the following searches:

• (a) a routine non-intrusive or routine frisk search of the inmate under section 47;

• (b) a non-routine frisk search of the inmate under subsection 49(1) or section 53 of the Act; or

• (c) a detailed body scan search of the inmate unless the circumstances set out in paragraph 50.2(d) exist or the inmate requests a body scan search under section 50.3.

50.2 A staff member may conduct a detailed body scan search of an inmate

• (a) in the same circumstances that a staff member may conduct a routine strip search of the inmate under section 48 of these Regulations or under subsection 48(1) of the Act;

• (b) in the same circumstances that a staff member may conduct a strip search of the inmate under subsection 49(3) or (4) of the Act;

• (c) in the same circumstances that a staff member may conduct a non-routine strip search of the inmate under section 53 of the Act; or

• (d) if a staff member has reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum.

50.3 A staff member shall conduct a detailed body scan search of an inmate who is detained in a dry cell under section 51 of the Act at the request of the inmate if the body scanner is in the penitentiary, is in proper working order and the inmate has not been subjected to such a search within the 24-hour period preceding the request.

Searches of Cells

• 51 (1) A staff member may, without individualized suspicion, conduct searches of cells and their contents on a periodic basis where the searches are designed to detect, through the systematic examination of areas of the penitentiary that are accessible to inmates, contraband and other items that may jeopardize the security of the penitentiary or the safety of persons and are conducted in accordance with a search plan

  • (a) that sets out

    • (i) when the searches are to take place,

    • (ii) the locations of the searches, and

    • (iii) the means that may be used to conduct the searches; and

  • (b) that is approved by the institutional head as being in accordance with the purposes of this subsection.

• (2) Where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

• 52 (1) Subject to subsection (3), where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate’s cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

• (2) Subject to subsection (3), where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

• (3) A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member in accordance with subsections (1) and (2), respectively, where the staff member believes on reasonable grounds that delaying a search in order to comply with those subsections would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

Emergency Searches of Cells

53 Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the institutional head may authorize a search of cells and their contents by a staff member.

Dry Cell Detention

• 53.1 (1) If a body scanner is in the penitentiary and is in proper working order and a detailed body scan search can be conducted, the institutional head shall not authorize the detention of an inmate in a dry cell under section 51 of the Act unless the inmate has been the subject of such a search and the results of the search indicate that there are reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum.

• (2) If the inmate is the subject of a new detailed body scan search, the institutional head shall not authorize continuing the detention of the inmate in a dry cell unless the results of the search indicate that there are reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum.

• 53.2 (1) Subject to subsection (2), the institutional head may authorize in writing the continuation of the detention of an inmate in a dry cell beyond a period of 72 hours for a maximum of two additional 24-hour periods, on the expectation that the contraband will be expelled, if the institutional head is satisfied that there are reasonable grounds to believe that the inmate

  • (a) has used a constipating agent other than a substance used in accordance with directions given by a staff member or a registered health care professional;

  • (b) has used a foreign object or manual manipulation to delay or prevent the expulsion of the contraband; or

  • (c) has, after its expulsion, re-ingested the contraband or concealed the contraband in their rectum.

• (2) If a body scanner is in the penitentiary and is in proper working order and a detailed body scan search can be conducted, the institutional head shall not authorize continuing the detention of an inmate in a dry cell unless the inmate has been the subject of a new body scan search and the results of the search indicate that there are reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum.

53.3 The institutional head shall give written reasons to an inmate, as soon as practicable, with respect to any authorization as to their detention in a dry cell or a continuation of that detention.

• 53.4 (1) The Service shall ensure that measures are taken to provide for the ongoing monitoring of the physical and mental health of an inmate detained in a dry cell.

• (2) A staff member or person engaged by the Service who believes that the detention of an inmate in a dry cell is having a detrimental impact on the inmate’s physical or mental health shall refer the inmate’s case to a registered health care professional employed or engaged by the Service, including for any of the following reasons:

  • (a) the inmate is engaging in self-injurious behaviour;

  • (b) the inmate is showing symptoms of a drug overdose; or

  • (c) the inmate is showing signs of emotional distress or exhibiting behaviour that suggests that they are in urgent need of mental health care.

53.5 An inmate shall be released from detention in a dry cell on the occurrence of the earliest of the following events:

• (a) the institutional head is no longer satisfied that there are reasonable grounds to believe that the inmate has ingested contraband or is carrying contraband in their rectum, or does not have an expectation that the contraband will be expelled;

• (b) the institutional head receives the recommendation of a registered health care professional that the inmate not remain in a dry cell for physical or mental health reasons;

• (c) the inmate has remained in a dry cell for a period of 72 hours from initial detention and the institutional head has not authorized the continuation of the detention in accordance with section 53.2; and

• (d) the inmate has remained in a dry cell for a period of 72 hours from initial detention and any periods of additional detention authorized under section 53.2 have expired.

53.6 The Service shall set out procedures for the collection, compilation, management and analysis of data with respect to the use of dry cells, including the information set out in subsection 58.1(3), in order to identify trends in that data.

Searches of Visitors

• 54 (1) A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, when the visitor is entering or leaving a penitentiary or a secure area.

• (2) If a visitor refuses to undergo a search referred to in subsection (1) or section 54.1, the institutional head or a staff member designated by the institutional head may

  • (a) prohibit a contact visit with an inmate and authorize a non-contact visit; or

  • (b) require the visitor to leave the penitentiary immediately.

• 54.1 (1) A staff member may conduct a non-detailed body scan search of a visitor in the same circumstances as a staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor under subsection 54(1) of these Regulations or a frisk search of a visitor under subsection 60(1) of the Act.

• (2) A staff member may conduct a detailed body scan search of a visitor in the same circumstances as a staff member may conduct a strip search of a visitor under subsection 60(2) of the Act.

Searches of Vehicles

• 55 (1) A staff member may, by stopping a vehicle and inspecting the vehicle and its contents, conduct a routine search of a vehicle, without individualized suspicion, where

  • (a) the vehicle is entering or leaving penitentiary property;

  • (b) the vehicle is entering or leaving a secure area on penitentiary property;

  • (c) the vehicle is in an area on penitentiary property to which access is restricted or prohibited; or

  • (d) the vehicle is on penitentiary property at a time when visitors are not normally permitted to be at the penitentiary.

• (2) Where an emergency occurs and the institutional head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in a vehicle on penitentiary property, the institutional head may authorize a search of the vehicle and its contents by a staff member.

Searches of Staff Members

56 A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, when that other staff member is entering or leaving the penitentiary or a secure area.

• 56.1 (1) A staff member may conduct a non-detailed body scan search of another staff member in the same circumstances as a staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member under section 56 of these Regulations or a frisk search of another staff member under subsection 64(1) of the Act.

• (2) A staff member may conduct a detailed body scan search of another staff member in the same circumstances as a staff member may conduct a strip search of another staff member under subsection 64(1) of the Act.

Seizure

57 If a staff member or other authorized person seizes an item during a search conducted under any of sections 47 to 64 of the Act, the staff member or authorized person shall, as soon as practicable,

• (a) issue a receipt to the person from whom the item is seized; and

• (b) submit the item to the institutional head or a staff member designated by the institutional head or, in the case of a seizure pursuant to subsection 66(2) of the Act, to the person in charge of the community-based residential facility.

Reports Relating to Searches and Seizures

• 58 (1) A person who conducts a search under any of sections 47 to 64 of the Act shall prepare and submit to the institutional head or a staff member designated by the institutional head, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search if

  • (a) the search is a non-routine strip search conducted pursuant to any of subsections 49(3) and (4) and 60(2) and (3) and paragraph 64(1)(b) of the Act;

  • (b) the search is a search conducted pursuant to section 52 of the Act;

  • (c) the search is a routine strip search conducted under section 48 of the Act which necessitated the use of force;

  • (c.1) the search is a body scan search conducted under one of the following provisions:

    • (i) paragraph 50.2(b),

    • (ii) paragraph 50.2(d), if the search does not result in a dry cell detention,

    • (iii) subsection 54.1(2), or

    • (iv) subsection 56.1(2);

  • (d) the search is an emergency search of an inmate, a vehicle or a cell; or

  • (e) the staff member or other authorized person seizes an item in the course of the search.

• (2) Every employee of a community-based residential facility who conducts a search under section 66 of the Act shall prepare and submit to the person in charge of the facility, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

• (3) Every institutional head who authorizes a search of an inmate under paragraph 50.2(c) of these Regulations or a search of all inmates under section 53 of the Act shall prepare and submit to the head of the region, as soon as practicable and in accordance with subsection (4), a post-search report respecting the search.

• (4) A post-search report shall be in writing and shall contain

  • (a) the date, time and place of the search;

  • (b) a description of every item seized;

  • (c) the name of the person searched, the number of the room or cell that was searched or the licence number of the vehicle searched, as applicable;

  • (d) the name of every person conducting the search and, where applicable, the name of every person present during the search;

  • (e) the reasons for the search;

  • (f) the manner in which the search was conducted; and

  • (g) in the case of a post-search report referred to in subsection (3), the facts that led the institutional head to believe that the presence of contraband constituted a clear and substantial danger to human life or safety or to the security of the penitentiary, and an indication of whether the danger was averted.

• (5) [Repealed, SOR/2024-181, s. 6]

• (6) [Repealed, SOR/2024-181, s. 6]