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Lock-up Facilities Regulations
made under Section 22 of the
Corrections Act
R.S.N.S. 1989, c. 103
and under Section 15 of the
Court Houses and Lockup Houses Act
R.S.N.S. 1989, c. 109
O.I.C. 89-1128 (September 26, 1989), N.S. Reg. 191/89
Table of Contents
- Lock-up Facilities Regulations
- Appendix "A" - Correctional Facilities Regulations
- Interpretation
- Policies and procedures
- Duties of superintendent
- Duties of medical officer
- Admission to correctional facility
- Inmate property
- Visiting privileges
- Correspondence privileges
- Searches
- Inmate misconduct
- Segregation and close confinement
- Inmate complaints
- Conditional release
- Employees
- Earned remission
- General
Lock-up Facilities Regulations 1 In these regulations
(a) "inspector" means the person appointed by the Minister pursuant to [sub]section 5(1) of these regulations;
(b) "lock-up facility" means a police or court facility for the custody of an offender upon arrest, pending a transfer to a correctional facility or pending a court hearing;
(c) "Minister" means the Minister of Justice of Nova Scotia;
(d) "municipality" means a city, an incorporated town, a municipality of a county or district, or the Halifax Court House Commission;
(e) "officer in charge" means the keeper or person responsible for the management of the lock-up facility and the safe custody of persons detained therein.
2 A municipality shall appoint an officer in charge for any lock-up facility provided by the municipality and shall prescribe the duties of the officer in charge.
3 (1) In addition to any duties prescribed by the municipality, an officer in charge shall comply with these regulations.
(2) The officer in charge shall provide to the inspector statistical or other information as the inspector may request from time to time.
4 The municipality, through the officer in charge, shall be responsible for the management of the lock-up facility and the care, health, safety and custody of the persons detained therein and shall
(a) provide that the lock-up facility is maintained so as to meet the requirements for fire and life safety as prescribed by the office of the Fire Marshal pursuant to the Fire Prevention Act;
(b) issue to employees of the lock-up facility such direction as may be necessary to fulfill their responsibilities including emergency response procedures, employee conduct, and employee duties with the lock-up facility;
(c) provide detained persons with information regarding their duties, rights and privileges while in a lock-up facility;
(d) provide training for employees as directed by the Minister;
(e) provide that detained persons of one sex are held separate and apart from detained persons of the opposite sex as soon after being taken into custody as is reasonably possible;
(f) provide that detained persons of one sex are supervised by persons of the same sex as soon after being taken into custody as is reasonably possible;
(g) provide that no detained person is searched except in the manner prescribed by regulations respecting searches made pursuant to Section 22 of the Corrections Act which regulations are attached hereto as Appendix "A", and as amended from time to time;
(h) provide for proper procedures for searches, use of restraint equipment, and supervision of detained persons in order to ensure the dignity of detained persons;
(i) provide for the medical care of detained persons in the event of injury or illness;
(j) provide that any property and monies of a detained person are itemized upon admission, safely stored, and returned to the detained person upon release, and maintain verifying documents;
(k) provide, in the discretion of the officer in charge, for the visitation rights of detained prisoners;
(l) provide for meetings between a detained person and the officer in charge for the purpose of addressing concerns;
(m) provide for confidentiality of information respecting detained persons and the lock-up facility;
(n) provide for procedures to protect detained persons and lock-up facility employees from physical harm;
(o) provide detained persons with food, clothing and bedding as prescribed pursuant to regulations made pursuant to Section 22 of the Corrections Act, as amended from time to time;
(p) maintain standards of sanitation and cleanliness in the lock-up facility.
5 (1) The Minister may appoint a person as inspector to inspect lock-up facilities.
(2) The inspector shall inspect the lock-up facilities from time to time and may make recommendations to the municipality operating a lock-up facility respecting compliance with prescribed standards.
6 (1) Subject to subsection (2), no person shall be admitted to a lock-up facility unless the person is
(a) arrested; or
(b) held in custody by virtue of a warrant issued by a Justice pending the hearing or determination of the charge or matter with respect to which the warrant was issued; or
(c) subject to a warrant of committal, or a remand order to a correctional facility, and the person is being held temporarily while awaiting transfer directly to a correctional facility.
(2) A person may be admitted to the lock-up facility in accordance with Sections 37, 38 and 39 of the Hospitals Act.
7 (1) No person detained in a lock-up facility shall
(a) gamble;
(b) have in his possession any article not authorized by the standing orders;
(c) disobey any lawful order given by an employee;
(d) smuggle, conspire or attempt to smuggle any article either into or out of the lock-up facility;
(e) destroy or deface private or public property;
(f) attack or threaten to attack any person within the lock-up facility;
(g) cause, conspire or attempt to cause a disturbance, breach of the peace or riot;
(h) commit or attempt to commit an indecent act;
(i) be in an unauthorized place or leave or attempt to leave the limits of the lock-up facility's confines without being escorted by an employee or a police officer;
(j) give counsel to or aid and abet another detained person to do any act in contravention of the Act or these regulations.
(2) Where a detained person contravenes clause (d) of subsection (1), the officer in charge shall seize and dispose of the unauthorized article in accordance with regulations made pursuant to Section 22 of the Corrections Act, as amended from time to time.
8 (1) Where a detained person dies while being held in a lock-up facility, the officer in charge shall notify the police and the next of kin immediately and shall ensure that the inspector and the chief medical examiner or medical examiner for the county where the lock-up facility is situate are advised of the death.
(2) The officer in charge shall dispose of the deceased's property in accordance with regulations made pursuant to Section 22 of the Corrections Act, as amended from time to time.
9 A person or municipality who fails to comply with any provision of these regulations is guilty of an offence.
Appendix "A"
Correctional Facilities Regulations
made under Section 22 of the
Corrections Act
R.S.N.S. 1989, c. 103
O.I.C. 88-1363 (December 13, 1988), N.S. Reg. 248/881 In these regulations
(a) "Act" means the Corrections Act;
(b) "contraband" means unauthorized property as defined in the policies and procedures;
(c) "day" means for the purpose of conditional release, ten hours;
(d) "employee" means a person employed in a correctional facility;
(e) "health care professional" means a duly qualified medical practitioner, a registered nurse or a licensed practical nurse;
(f) "inspector" means a person authorized by the Minister to inspect a correctional facility;
(g) "Minister" means the Minister of Justice of Nova Scotia or a person authorized by the Minister of Justice to act on his behalf;
(h) "policies and procedures" means policies and procedures prescribed by the Minister pursuant to Section 2 of these regulations;
(i) "rules" means rules prescribed by a Superintendent pursuant to [sub]section 3(2) of these regulations;
(j) "Superintendent" means the chief administrative officer of a correctional facility, or a person authorized to act on his behalf.
2 (1) The Minister may prescribe such policies and procedures as he may deem necessary or advisable
(a) respecting the operation, management, supervision and administration of correctional facilities;
(b) respecting the supervision of all inmates in correctional facilities;
(c) respecting standards for the operation, management, supervision and administration of lock-up facilities;
(d) for carrying out effectively the intent and purpose of Part I of the Act or these regulations.
(2) The Minister may prescribe policies and procedures pursuant to subsection (1) which apply generally to a specific correctional facility or lock-up or class of inmates.
3 (1) The Superintendent shall be responsible for the management of the correctional facility 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 to and release of each inmate from the correctional facility;
(b) supervise the recording, safekeeping and disposition of the property of inmates;
(c) supervise the admission and conduct of persons visiting the correctional facility;
(d) supervise the searches conducted on inmates and employees.
(2) The Superintendent, in accordance with the Act, these regulations and policies and procedures, shall
(a) administer the correctional facility;
(b) assign duties to employees and provide such directions as may be necessary;
(c) establish the procedures to be followed on the assignment of duties to or admission, discharge, escape, illness or death of an inmate;
(d) cause inmates to be informed of their responsibilities, rights and privileges while in his care and custody;
(e) ensure that all policies, procedures and documentation in relation to an inmate are carried out;
(f) prescribe rules governing the conduct and activities of inmates.
(3) The Superintendent shall forward immediately to the proper authority an application of an inmate for
(a) an appeal;
(b) a writ of habeas corpus or mandamus;
(c) conditional release;
(d) a transfer under the Transfer of Offenders Act (Canada).
4 Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or these regulations may be delegated by the Superintendent to any person or persons to act as the designated representative of the Superintendent for the purpose of the effective administration of the Act or these regulations, and the delegation shall be subject to such limitations, restrictions, conditions and requirements as the Superintendent considers necessary for the purpose.
5 (1) The Superintendent shall appoint for the correctional facility a duly qualified medical practitioner to be the medical officer for the correctional facility.
(2) The medical officer shall control and direct the medical and surgical treatment of all inmates.
(3) The medical officer, if requested by the Superintendent, shall inspect the correctional facility and make recommendations respecting sanitation and hygiene.
(4) The medical officer shall ensure that every inmate receives a medical examination as soon as possible after admission to the correctional facility and in no case later than ten days following the date of admission.
(5) When an inmate is injured, the medical officer shall
(a) examine the inmate's injuries;
(b) prescribe such treatment as the medical officer deems advisable; and
(c) make a written report to the Superintendent concerning the nature of the injury and the treatment prescribed.
(6) Where an inmate claims to be unable to work by reason of illness or disability, the medical officer shall examine the inmate and if, in his opinion, the inmate is unfit to work or the work should be changed, the medical officer shall immediately report his findings in writing to the Superintendent whereupon the inmate shall be relieved of work duties or have his work changed or be admitted to a hospital or elsewhere for medical treatment as directed.
(7) Where an inmate becomes sick or injured and requires transfer to a medical hospital or clinic in the community, the Superintendent shall ensure that appropriate security measures are taken.
(8) Where an inmate becomes seriously ill, the Superintendent shall ensure that the inmate receives medical attention and shall notify a minister of religion, preferably of the denomination to which the inmate belongs, and advise next of kin, as recorded at the time of admission of the inmate, and consult with the inmate regarding the persons he desires to be notified of his illness.
6 (1) Upon the death of an inmate, the Superintendent shall immediately report the death to the medical examiner and to the Minister.
(2) The Superintendent shall cause all personal effects of a deceased inmate to be held in safekeeping for the next of kin or where there is no next of kin, to be dealt with as directed by the Minister.
Admission to correctional facility
7 (1) The Superintendent shall not admit into his custody any person brought to the correctional facility unless the person is accompanied by a warrant of committal, an order for remand or other such judicial documents signed by a competent authority, and the Superintendent shall ensure every such document is scrutinized before the person is admitted into custody at the correctional facility.
(2) Subsection (1) shall not apply to admission of a person where the Minister makes available or provides the services of the correctional facility for a lock-up facility pursuant to Section 21 of the Act.
(3) Where the Minister makes available or provides the services of the correctional facility for a lock-up facility pursuant to Section 21 of the Act, the Superintendent shall not admit into custody at the correctional facility any person who appears to be in need of immediate medical attention until the person is medically examined by a duly qualified medical practitioner and the Superintendent is provided with a medical certificate stating that the person is medically fit to be admitted into custody at the correctional facility.
8 When a person is admitted or readmitted into custody at a correctional facility, the person thereupon becomes an inmate, and the Superintendent shall ensure that each inmate is searched, bathed and clothed in an appropriate manner.
9 (1) The Superintendent shall cause a complete record to be made of all the property, including money and personal belongings, in the possession of an inmate at the time of admission.
(2) The Superintendent shall ensure that any money in the possession of an inmate is held in a trust account in accordance with policies and procedures, and that any other property is held in safekeeping while the inmate remains in his custody.
(3) Upon the discharge of an inmate, the Superintendent shall ensure that the inmate's money in the trust account and property held in safekeeping is returned to the inmate.
10 (1) Where an inmate is absent without authority from a correctional facility, all property belonging to the inmate shall be retained by the Superintendent, but if the property is not claimed by the inmate within twelve months following the date that the inmate became absent, the Superintendent may dispose of the property in accordance with policies and procedures.
(2) The Superintendent shall keep a record of all unclaimed property of an inmate that is disposed of under this
regulation[Section], 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 name of the person or organization in receipt of the property; and
(d) the proceeds, if any, of the disposition.
11 No person, including a visitor and any person accompanying a visitor, shall be present on the premises of a correctional facility without the prior permission of the Superintendent and the Superintendent may impose upon the permission such terms and conditions as the Superintendent considers necessary to ensure the safety of employees and inmates and the security of the correctional facility.
12 (1) Subject to subsection (2), an inmate shall be permitted visits in accordance with policies and procedures.
(2) An inmate shall be permitted visits from a minister of religion or from his solicitor during such reasonable hours as are acceptable to the Superintendent.
(3) Notwithstanding subsections (1) and (2), the Superintendent may
(a) suspend all visiting privileges if the Superintendent is of the opinion that a state of emergency exists at the correctional facility;
(b) deny the entry of any visitor to the correctional facility if, in the opinion of the Superintendent, the visit is not in the best interest of the inmate, correctional facility or the visitor.
13 (1) No visitor to a correctional facility shall have unauthorized communication with an inmate.
(2) No visitor to a correctional facility shall
(a) sketch or take photographs; or
(b) receive, give, trade or sell any article to or from an inmate, without the approval of the Superintendent.
14 (1) The Superintendent may receive money from a visitor to be placed in an inmate's trust fund.
(2) Upon acceptance from a visitor of money for an inmate, the Superintendent shall provide a written receipt to the visitor and duly document same in the records in accordance with policies and procedures.
15 An inmate shall be permitted correspondence privileges in accordance with policies and procedures.
16 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 or parts of a letter if, in the opinion of the Superintendent, the contents are prejudicial to the best interests of the recipient, the public safety or the security of the correctional facility.
17 (1) Notwithstanding Section 16 of these regulations, an inmate shall be permitted to send letters to
(a) his lawyer;
(b) a member of the Legislative Assembly of Nova Scotia;
(c) a member of the Parliament of Canada;
(d) the Deputy Minister of Justice or Executive Director of Correctional Services of the Department of Justice;
(e) the Ombudsman;
(f) an inspector of correctional facilities.
(2) Any letter referred to in subsection (1) shall be forwarded to the addressee without reading, inspection, deletion or delay.
18 (1) The Superintendent may authorize a search, at any time, of
(a) the correctional facility or any part of the correctional facility;
(b) the person of an inmate;
(c) the property of an inmate; or
(d) any vehicle located on the premises of the correctional facility.
(2) An employee may conduct an immediate search without the authorization of the Superintendent where the employee has reasonable cause to believe that the inmate may destroy or dispose of contraband during the time necessary to obtain the authorization.
(3) Where the Superintendent has reasonable cause to believe that an employee or a visitor is taking or attempting to take contraband into or out of the correctional facility, the Superintendent may authorize a search of the person of the employee or visitor or of any property of the employee or visitor which is located on the premises of the correctional facility.
(4) Where during a search contraband is found, the person conducting the search shall seize the contraband and place it in the custody of the Superintendent.
19 (1) No inmate or visitor 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 employee who has reasonable cause to believe that an immediate pat search is necessary because the inmate or visitor may be concealing contraband that may be dangerous or harmful to any person or property.
(2) A pat search shall be in accordance with policies and procedures.
20 (1) Any person conducting a search during which an inmate is required to undress shall conduct the search in a place and manner that does not subject the inmate to embarrassment or humiliation.
(2) Every manual search of an inmate's rectal or vaginal area shall be conducted by a health care professional.
21 (1) The Superintendent shall ensure that a written record is made of every inmate search which 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 conduct of the search.
(2) The Superintendent shall inform an inmate of any seizure of or damage to property belonging to the inmate arising from a search conducted without the knowledge of the inmate.
22 An inmate who refuses to be searched or resists a search may be placed in segregation until the inmate submits to the search, or until there is no longer a need to search the inmate.
23 No inmate shall be penalized for any infraction of the rules of a correctional facility except by the Superintendent or his designate.
24 (1) No inmate shall
(a) gamble;
(b) neglect performing the work and duties assigned to him;
(c) make a gross insult by gesture, use of abusive language or other act, directed to or at any person;
(d) have in his possession any article not authorized by the Superintendent;
(e) disobey any lawful order given by an employee;
(f) smuggle, conspire or attempt to smuggle any article either into or out of the correctional facility;
(g) destroy or deface private or public property;
(h) conduct himself in a manner that is detrimental to the welfare of other inmates or to the program;
(i) attack or threaten to attack another person within the correctional facility;
(j) cause, conspire or attempt to cause a disturbance, breach of the peace or riot;
(k) commit or attempt to commit an indecent act;
(l) be in an unauthorized place or leave or attempt to leave the limits of the correctional facility confines without being escorted by an employee or without the express authority of the Superintendent;
(m) give or offer a bribe or reward to an employee;
(n) give counsel to or aid and abet another inmate to do any act in contravention of the Act, these regulations or the rules;
(o) obstruct an investigation conducted or authorized by the Superintendent;
(p) wilfully breach or attempt to breach any provision of the Act, these regulations or the rules; or
(q) wilfully breach or attempt to breach any term or condition of a temporary absence.
(2) Where an inmate contravenes any of the provisions of clauses (f), (g), (i), (j), (k), or (l) of subsection (1), the Superintendent may, having regard to the circumstances and the gravity of the offence, consult with a prosecuting officer or an assistant prosecuting officer to determine whether or not proceedings shall be commenced against the inmate under the Criminal Code of Canada.
(3) Where an inmate contravenes clause (d) of subsection (1), the Superintendent shall dispose of the unauthorized article in accordance with policies and procedures.
(4) Where an inmate appears to have contravened any of the provisions of subsection (1), a written report shall be prepared by the reporting officer setting out the circumstances and he shall deliver that report to the Superintendent, who shall cause an investigation to be made of the matter and record his findings.
(5) Before imposing any penalty, the Superintendent or his designate shall review the report and the details of the investigation with the inmate concerned and the inmate shall be given full opportunity to make his answer to the charge.
25 (1) Penalties that may be imposed by the Superintendent for misconduct by inmates are:
(a) withdrawal in whole or in part of privileges ordinarily enjoyed by inmates;
(b) close confinement for not more than ten days in respect of any one confinement;
(c) close confinement in excess of ten days with the approval of the Director, Adult Institutions, Department of Justice;
(d) withholding of remission as determined by the regulations respecting remission;
(e) forfeiture of all or part of earned remission.
(2) The Superintendent shall cause a written report to be submitted to the Minister of any close confinement penalty imposed on an inmate.
26 (1) The Minister, when requested by an inmate in accordance with policies and procedures, may review a decision of the Superintendent where
(a) the inmate alleges that the Superintendent did not make the decision in accordance with the procedures contained in these regulations; or
(b) the inmate has been disciplined by having all or part of his or her earned remission forfeited or by a withholding of remission.
(2) Upon being notified of the Minister's review, the Superintendent shall immediately provide the Minister with a copy of his record of the inmate's case.
(3) Upon completion of the review, the Minister may confirm or vary the decision of the Superintendent or direct the Superintendent to reconsider the case, and the Minister shall forthwith notify the inmate and the Superintendent of the decision and the reasons therefor.
(4) The decision of the Minister shall be final.
Segregation and close confinement
27 (1) The 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 institution or the safety of other inmates;
(c) the inmate is alleged to have committed a misconduct of a serious nature; or
(d) the inmate requests to be placed in segregation.
(2) Where an inmate is placed in segregation under clause (c) of subsection (1), the Superintendent shall conduct a preliminary review of the inmate's case within twenty-four hours after the inmate has been placed in segregation, and where the Superintendent is of the opinion that the continued segregation of the inmate is not warranted, the Superintendent shall release the inmate from segregation.
(3) The Superintendent shall review the circumstances of each inmate who is placed in segregation at least once in every five-day period to determine whether the continued segregation of the inmate is warranted.
(4) Where an inmate is placed in segregation for a continuous period of thirty days, the Superintendent shall report to the Minister the reasons for the continued segregation of the inmate.
28 Where an inmate alleges that the inmate's privileges have been infringed or otherwise makes allegations against another inmate or employee, the inmate may make a complaint in writing to the Superintendent.
29 Every request made by an inmate to see the Superintendent shall be recorded by the employee to whom it is made and conveyed to the Superintendent without delay.
30 (1) An inmate may apply in accordance with policies and procedures for a conditional release from the correctional facility on the following grounds:
(a) medical reasons;
(b) humanitarian reasons; or
(c) rehabilitation reasons, including education and employment.
(2) The Superintendent may authorize a one day conditional release of an inmate from the correctional facility for the purpose of employment, education, training or other activities that the Superintendent considers necessary or advisable to assist in the inmate's rehabilitation or for the purposes of medical treatment or for humanitarian reasons.
(3) The Regional Supervisor, Correctional Services, Department of Justice, may authorize a conditional release of an inmate from the correctional facility for a period not to exceed three days for the purpose of employment, education, training or other activities that the Regional Supervisor considers necessary or advisable to assist in the inmate's rehabilitation or for the purpose of medical treatment or humanitarian reasons.
(4) A person designated by the Minister may authorize a conditional release of an inmate from a correctional facility for a period not to exceed fifteen days for the purpose of employment, education, training or other activities that the person considers necessary or advisable to assist in the inmate's rehabilitation or for the purpose of medical treatment or humanitarian reasons.
(5) The inmate shall return to the correctional facility at such time as is specified in the temporary absence certificate.
(6) Any release made under this Section shall be recorded in writing in accordance with policies and procedures.
31 (1) Where a conditional release of an inmate is authorized pursuant to Section 30 of these regulations, a Temporary Absence Certificate shall be issued on such terms and conditions as may be specified therein.
(2) An inmate shall comply with the terms and conditions specified on a Temporary Absence Certificate.
(3) An inmate who does not consent to the terms and conditions of the conditional release as specified on the Temporary Absence Certificate shall not be eligible for the conditional release.
(4) When an inmate is granted a conditional release, the person who authorized the conditional release shall appoint a person as supervisor of the inmate while he is on conditional release.
(5) Where an inmate fails to comply with the terms and conditions specified on a Temporary Absence Certificate or where the circumstances pursuant to which the conditional release was granted change, the supervisor or the person who authorized the conditional release may suspend the conditional release and the inmate shall return to the correctional facility.
(6) Where an inmate's conditional release is suspended, the Superintendent, Regional Supervisor or other person who suspended the conditional release shall prepare a report and forward it to the Administrator of the Temporary Absence Program, Department of Justice, who shall review the report and determine whether to revoke or reinstate the conditional release.
32 (1) An inmate released under the authority of a conditional release on a daily or periodical basis, and who, by reason of his employment, training or rehabilitation program, is entitled to receive wages or the equivalent, may be charged a per diem amount as a contribution towards the cost of prisoner maintenance, which shall be a term and condition of the authorization of the inmate's conditional release.
(2) The amount to be charged an inmate shall be eight dollars per day where the inmate is entitled to be paid in respect of four or more hours of work or equivalent per day, and four dollars per day when the inmate is entitled to be paid in respect of less than four hours of work or equivalent per day.
(3) An inmate who does not consent to the terms and conditions of the conditional release as provided therein shall not be eligible for the conditional release.
(4) The Superintendent shall
(a) be responsible for communicating the terms and conditions of all authorized conditional releases to the employers or others liable to make payments on account of an inmate;
(b) make arrangements for the payments to be collected or delivered to the correctional facility; and
(c) provide copies of the terms and conditions to the inmate and to the Minister.
33 (1) Where an inmate's request for a conditional release is denied, or where an inmate's conditional release is revoked, the inmate may appeal to the Minister in accordance with policies and procedures.
(2) The Minister or a person authorized by the Minister shall review the decision to deny or revoke a conditional release and may confirm or vary the decision and shall notify the inmate and the Superintendent of the decision.
(3) The decision of the Minister or of the person authorized by the Minister shall be final.
34 (1) An employee of a correctional facility is responsible to the Superintendent for any aspect of the management, operation, discipline, security and program of the correctional facility that the Superintendent assigns to the employee.
(2) In emergency situations, the Superintendent may require employees to perform duties outside the regular scope of their employment.
(3) No employee shall
(a) make a gross insult, by gesture, use of abusive language, or other act, directed to or at any person anywhere in the correctional facility;
(b) discuss within the hearing of inmates matters pertaining to the administration of the correctional facility or that may reflect adversely upon the action of another employee;
(c) without first obtaining the permission of the Superintendent, furnish to any person any information in respect of a correctional facility, or remove any ledger, journal, report or record or any copy thereof dealing with the business of the correctional facility;
(d) while in attendance at the correctional facility, act in a manner unbecoming of an officer of the correctional facility;
(e) give, trade or sell to an inmate, have in his possession or consume while on the premises any alcohol or non-prescription drugs.
(4) Where an employee uses force against an inmate, the incident shall be immediately reported in writing to the Superintendent.
(5) No employee shall, except in the course of his duty, write a letter for, make a telephone call for, or in any other manner relay or convey a written or verbal message from an inmate to any other person.
(6) No person, including an employee, shall be allowed on the premises of a correctional facility if, in the opinion of the Superintendent or his designate, the person is under the influence of alcohol or any intoxicating drug.
35 (1) An inmate who is serving a sentence for an offence under a Provincial statute or any regulation made thereunder or a by-law or ordinance of a municipality shall be credited with fifteen days of remission of the sentence being served in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the inmate has applied himself industriously.
(2) An inmate shall be deemed to have applied himself industriously for the purpose of being credited with remission of sentence where he has complied with the following:
(a) maintained living and working area in a clean and tidy condition as required by correctional facility staff;
(b) been prompt and conscientious in the performance of regular duties or work assigned from time to time;
(c) performed all work at a level acceptable to correctional facility staff;
(d) complied with all instructions given by correctional facility staff;
(e) observed all fire regulations and safety requirements;
(f) maintained a high level of personal cleanliness and grooming;
(g) respected the rights and dignity of fellow inmates;
(h) made reasonable efforts to avoid damaging, wasting or neglecting correctional facility property;
(i) made reasonable efforts to avoid behaviour upsetting to fellow inmates, staff and the correctional facility programs;
(j) complied with all rules.
(3) A daily performance report with respect to each inmate shall be completed by staff.
(4) The Superintendent of the correctional facility shall maintain with respect to each inmate a master sheet in accordance with policies and procedures.
(5) The Superintendent or his delegate shall on a regular basis and in accordance with policies and procedures calculate the number of days of earned remission to be credited to each inmate.
36 Where the Superintendent or his delegate determines that an inmate has contravened any of the provisions of [sub]section 24(1) of these regulations, the contravention shall constitute misconduct and the Superintendent may determine that the earned remission credited to the inmate may be forfeited in whole or in part.
37 In accordance with Section 26 of these regulations, an inmate may request a review by the Minister of a decision of the Superintendent or his delegate respecting
(a) a failure to credit remission to the credit of the inmate or
(b) a forfeiture, in whole or in part, of earned remission,
and the decision of the Minister shall be final.
38 No person shall, within the limits of the property or grounds of a correctional facility, have in his possession a firearm or other offensive weapon except in accordance with the specific authorization of the Superintendent thereof.
39 (1) Every inmate shall have freedom of religion and the Superintendent, whenever reasonable and in keeping with good security, shall assist an inmate to procure the spiritual guidance he desires.
(2) No person shall, except at an inmate's request, attempt to change in any way the inmate's religious affiliation.
40 (1) The operation of vehicles on the property of a correctional facility shall be at the direction of the Superintendent.
(2) Any unattended vehicle on the property of a correctional facility shall be kept locked.
41 Where a person is admitted into custody at a correctional facility, the Superintendent shall ensure that all reasonable efforts are made as soon as possible to notify next of kin.
42 Every inmate, unless he is found conspiring to escape or attempting to escape, or is misconducting himself, shall be allowed, if weather permits, to have daily exercise in the open air and the Superintendent shall ensure that the inmate is attended by one or more employees.
43 (1) The Superintendent shall provide all inmates with three meals a day.
(2) Special diets or religious diets shall be in accordance with policies and procedures.
44 The inspector may, at any time, inspect a correctional facility.
45 Unless exempted by the medical officer, an inmate shall do work at the correctional facility or participate in any other work program as directed by the Superintendent.