This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Correctional Services Regulations
made under Section 94 of the
Correctional Services Act
S.N.S. 2005, c. 37
O.I.C. 2006-317 (June 28, 2006), N.S. Reg. 99/2006
as amended by O.I.C. 2008-176 (March 31, 2008, effective April 1, 2008), N.S. Reg. 148/2008
Table of Contents
Application for compassionate allowance
Payment of compassionate allowance
Criminal and background checks for prospective employees
Certification for prospective employees
Scope of employees’ responsibilities
Employee must notify Executive Director of arrest
Screening personnel for intoxicants
Code of Professional Conduct for Employees
Code of Professional Conduct established
Public comments and activities
Consequences of non-compliance with Code
Weapons and Security Equipment
Restricted or prohibited weapon in correctional facility
Restricted or prohibited weapon in Correctional Services Division office
Security equipment for use to control offenders in custody
Security equipment for use by probation officers
Designated employee for complaints
When complaint not required to be investigated
Deadline for resolving or referring complaint
Community corrections admission procedures
Conditions for community supervision
Screening offender under community supervision for intoxicants
Access to Correctional Facilities
Search warning must be posted at entrance
Mobile communication devices and computers
Operating vehicle at correctional facility
Superintendent may deny or suspend visiting privileges
Regulations and rules for visits must be posted
Admission to Correctional Facility
No admission to correctional facility without committal order
Correctional facility admission procedures
Documenting and securing offender’s money and property
Offender must not possess money
Superintendent must establish account for offender
Money credited to offender’s account
Transactions to and from offender’s account
Offender’s property in safekeeping
Restrictions on offender property
Administering deceased offender’s money and property
Telephone Communications and Correspondence
Additional exemptions for telephone communications
When superintendent may restrict telephone communications
Certain correspondence exempt from inspection
Superintendent may prohibit possession of certain publications
Authorized employee for searches
Routine search on re-admission to correctional facility
If offender’s property seized or damaged in search
Conducting and observing strip search
Seizing and Disposing of Contraband
Temporary restriction of offender believed to be carrying contraband
Disposing of contraband if lawful outside correctional facility
Return of seized object or substance that is not contraband
Forfeit of seized object or substance
Supervising Offenders in Custody
Male employees in female offender units
Male employees escorting female offenders
Video surveillance tapes of female offenders
Screening offenders in custody for intoxicants
Conditions for confinement of offenders in custody
Privileges in close confinement
Employee must report use of force
Serious illness of an offender in correctional facility
Death of an offender in correctional facility
Disciplinary Rules and Procedures
Prescribed purposes for disciplinary rules and procedures
Disciplinary rules established by superintendent
Notice of disciplinary rules and procedures
Temporary Measures and Disciplinary Report
Employee’s actions on ascertaining disciplinary offence
Supervisor may revoke or vary temporary measure imposed by employee
Copy of discipline offence report to offender
When superintendent may consult with police
Penalty whether or not subject of court proceeding
Disciplinary hearing procedure
Disciplinary hearing in absence of offender
Review of penalty by superintendent
Appeal to Executive Director of superintendent’s decision
Designated employee for authorizing conditional releases
Application for conditional release
Maximum time period for conditional release
Amounts charged to offenders on conditional release
Conditional release certificate
Offender must consent to terms and conditions of conditional release
Suspension of conditional release
Procedure for appealing conditional release decision
Death of offender on conditional release
Offender kept in correctional facility after sentence expires
Ex-offender not treated as offender
Returning offender’s money and property on discharge
Disposing of unclaimed money and property
Transportation and clothing for offender on discharge
1 These regulations may be cited as the Correctional Services Regulations.
2 In these regulations,
(a) “Act” means the Correctional Services Act;
(b) “complaint” means a written complaint made by an offender under subsection 24(2) of the Act;
(c) “disciplinary report” means a report completed by an employee under Section 88 about an offender who has breached a rule;
(d) “penalty” means a penalty imposed on an offender by a superintendent under Section 70 of the Act for breach of a rule;
(e) “seized” means seized by an authorized employee in accordance with Section 65 of the Act;
(f) “superintendent” means a superintendent as defined in clause 2(ae) of the Act, and
(i) in relation to an offender, means the superintendent of the correctional facility in which the offender is in custody,
(ii) in relation to an employee or a volunteer, means the superintendent of the correctional facility in which the employee works or the volunteer volunteers,
(iii) in relation to a correctional facility, means the superintendent of that correctional facility.
Application for compassionate allowance
3 A person who seeks a compassionate allowance under Section 9 of the Act must apply in writing to the Minister and must provide the Minister with all of the following:
(a) proof to the Minister’s satisfaction of injury or damage;
(b) documentation that the Minister considers sufficient to justify the amount of compassionate allowance sought;
(c) a release of the person’s legal claims to a remedy for injury or damage.
Payment of compassionate allowance
4 A compassionate allowance may be paid in money, in kind or in services.
Criminal and background checks for prospective employees
5 (1) A prospective employee must consent to criminal and background checks, including testing and interviews.
(2) A person must not be appointed as an employee in any of the following circumstances:
(a) if criminal and background checks show that the person has been convicted of any criminal offence for which they have not received a pardon that remains in effect;
(b) if criminal charges are pending against the person;
(c) if the person’s employment duties would include working with persons under the age of 18 and the person is registered with the Child Abuse Registry.
Certification for prospective employees
6 (1) Each prospective employee must hold valid first aid and cardiopulmonary resuscitation certificates before beginning employment, if on employment their position would be in a class designated by the Executive Director as requiring those certificates.
(2) Each prospective employee must hold a valid driver’s license before beginning employment, if on employment their position would be in a class designated by the Executive Director as requiring a driver’s license.
Scope of employees’ responsibilities
7 (1) An employee is responsible for the delivery of any correctional services that
(a) are assigned to the employee in accordance with policies and procedures, standard operating procedures or post orders; or
(b) they are directed by their supervisor to deliver.
(2) An employee must be able and willing to perform duties outside the regular scope of their employment if required in an emergency.
Employee must notify Executive Director of arrest
8 An employee who is questioned or charged by the police in connection with alleged criminal activity on the employee’s part must notify the Executive Director no later than 72 hours after the time of either of the following occurrences:
(a) the questioning or being charged by the police;
(b) the decision in any criminal proceedings against them.
Screening personnel for intoxicants
9 If the Executive Director subjects an employee, assistant probation officer or volunteer to an intoxicant screening test in accordance with Section 90 of the Act, the Executive Director must
(a) inform the employee, assistant probation officer or volunteer of the reason for and the consequences of the test, including the consequences of failure to comply with the testing procedure; and
(b) forward each sample submitted for intoxicant screening to an authorized testing facility for testing.
10 Before designating a person or a class of persons as an inspector under Section 20 of the Act, the Minister must be satisfied that the person or each member of the class of persons has the appropriate qualifications to carry out the duties of an inspector.
11 Each employee, volunteer and assistant probation officer and each person making an inspection, investigation or inquiry under the Act or these regulations must keep confidential all matters that come to their knowledge in the course of their duties and, except as may be permitted by law or with the permission of the Executive Director, must
(a) not communicate any information about the workplace or about an offender, unless communicating the information is required in the course of their duties;
(b) not communicate with or provide information to agents of the news media about policies, incidents or other circumstances relating to functions performed by the Correctional Services Division without authorization from the Director of Communications for the Division;
(c) properly safeguard all documents, reports, directives, manuals and any other written material published, distributed or circulated by the Correctional Services Division;
(d) not remove any original or copy of a ledger, journal, report or record from a Correctional Services Division office or correctional facility;
(e) disclose confidential information only if obligated to disclose it, and only in accordance with policies and procedures;
(f) not use confidential information obtained in the course of duty for actual or anticipated gain;
(g) not write a letter for, make a telephone call for or in any other manner relay or convey a written or verbal message to or from an offender who is in custody in a correctional facility, except as necessary to convey a messsage to another person on behalf of an offender who is unable to do so because of illness or other reason and as approved by the superintendent.
12 An employee must make the following oath or affirmation before assuming their duties:
I, ____________________ , of _____________________, Nova Scotia, make oath and say that I will well and truly serve our Sovereign Lady the Queen as a/an (insert position title), and I will fairly and conscientiously discharge my duties under the law and will hold confidential all information coming into my knowledge or possession except as may be permitted by law.
Sworn to/Affirmed at ______________, Province of Nova Scotia, on
________________, 2____,
before me,
____________________________
A Commissioner of Oaths in and for
the Province of Nova Scotia
)
)
)
)
)
) __________________________
Code of Professional Conduct for Employees
Code of Professional Conduct established
13 The Code of Professional Conduct for employees is established as Sections 14 to 20.
14 An employee must perform their duties responsibly and do all of the following:
(a) ensure that a statement or record of attendance or the performance of a duty is accurate before signing it;
(b) if employed in a correctional facility, be punctual and remain at their assigned post unless authorized to leave;
(c) co-operate with any investigation that is conducted or authorized by supervisory staff or that is conducted in accordance with Section 21 of the Act;
(d) obey lawful instructions that are written or otherwise issued by supervisory staff;
(e) make reasonable efforts to avoid and prevent unjustified waste, loss or damage to any property in their professional care;
(f) not take or borrow for personal use any stores or supplies purchased by or supplied to a correctional facility or community corrections office;
(g) if a supervisor, take appropriate action when an employee acts contrary to the Code of Professional Conduct;
(h) report to their supervisor any contraband seized in accordance with Section 65 of the Act and Sections 69 to 73 ;
(i) restrict the use of force to that which is reasonable and necessary to carry out their duties, in accordance with Section 43 of the Act;
(j) take appropriate action, including the use of force in accordance with Section 43 of the Act, if an offender does any of the following:
(i) escapes or attempts to escape,
(ii) assaults an employee, another offender or a member of the public,
(iii) engages in any action likely to endanger life or property;
(k) adhere to established safety practices;
(l) promptly report a work accident;
(m) act carefully while on duty to prevent risk or harm to any person;
(n) properly account for and safeguard any public money or property or any money or property of any other person that comes into their possession in the course of their duties.
15 An employee must demonstrate professional conduct and deportment and do all of the following:
(a) display a professional appearance and deportment while on duty or while in uniform;
(b) if the employee must maintain a valid driver’s licence as a requirement of employment, notify their supervisor if their driver’s licence has been or will be cancelled, suspended or removed;
(c) not consume or bring an intoxicant at or to the workplace;
(d) while on duty, be unimpaired by an intoxicant, which includes not displaying any indication of the prior consumption of an intoxicant;
(e) if the employee is on prescribed medication that may impede performance of their normal duties, advise their supervisor before assuming their duties;
(f) not use indecent or profane language while on duty;
(g) treat the public, other employees and offenders with respect, dignity and courtesy within the work environment and in circumstances related to the employee’s duties;
(h) if the employee’s duties require constant vigilance, not read, watch televison, play games or engage in any other attention-diverting activity that could detract from their ability to exercise vigilance;
(i) not sleep while on duty or be so positioned as to give the appearance of sleeping;
(j) ensure that their uniform is neat and in good repair;
(k) wear the required uniform or otherwise meet dress code requirements while on duty, unless otherwise instructed by their supervisor;
(l) not wear a uniform or any part of a uniform outside of working hours, except as provided for in policies and procedures or with the specific consent of the superintendent;
(m) not alter their uniform in any manner, except for alterations to accommodate size requirements;
(n) return their uniform and professional identification material when they cease to be employed by the Correctional Services Division.
16 (1) For the purposes of this Section,
(a) “discrimination” means any actions or words directed toward an individual that cause an uncomfortable atmosphere in the work environment or result in unequal and usually less favourable treatment of the individual, including unequal treatment regarding any of the following:
(i) race,
(ii) ancestry,
(iii) place of origin,
(iv) colour,
(v) ethnic origin,
(vi) citizenship,
(vii) creed or religion,
(viii) gender,
(ix) political belief,
(x) medical condition, including pregnancy,
(xi) source of income,
(xii) sexual orientation,
(xiii) age,
(xiv) record of offences,
(xv) marital or family status,
(xvi) disability;
(b) “harassment” means a form of coercive discrimination that may be verbal, physical or sexual and may be deliberate or unintended, and that consists of persistent and repeated conduct or comments that should reasonably be known to be unwelcome by the recipient or others in the work environment.
(2) An employee must contribute to a positive work environment and do all of the following:
(a) treat the public, other employees and offenders with respect, dignity and courtesy within the work environment and in circumstances related to the employee’s duties;
(b) not use indecent or profane language, make offensive remarks or engage in offensive behavior;
(c) respect other peoples’ different cultural or religious beliefs and practices;
(d) not engage in any form of harassment or discrimination;
(e) speak up against discrimination and harassment in the work environment;
(f) facilitate and support the work of other employees while on duty or in circumstances related to their duties.
17 An employee must maintain proper relationships with offenders and do all of the following:
(a) treat offenders and their families fairly and with courtesy, respect, and honesty while on duty or in circumstances related to their duties;
(b) not enter into any type of personal or professional business relationship with an offender or ex-offender, or a friend or relative of an offender or ex-offender, if the nature of the relationship could compromise the employee’s integrity within the Correctional Services Division;
(c) not hire an offender to perform any work or provide any service without first obtaining the written permission of the employee’s supervisor;
(d) report to their supervisor any mistreatment of an offender by another employee or another offender;
(e) not provide legal advice to an offender or an offender’s family or associates;
(f) not perform a personal favour for an offender if it involves engaging in an activity that is beyond the normal scope of the employee’s duties or violates the rules.
18 (1) An employee must avoid a conflict of interest and do all of the following:
(a) arrange their private interests to prevent a conflict of interest;
(b) disclose any potential conflict of interest to their supervisor and comply with the supervisor’s decision with respect to declaring the potential conflict of interest;
(c) not work for any employer other than the Correctional Services Division, if the work for the other employer would
(i) give rise to a conflict of interest or to a situation that would appear to be a conflict to an informed, objective observer,
(ii) be likely to bring the government, the Department of Justice, or the Correctional Services Division into disrepute,
(iii) be conducted during the employee’s normal working hours in any location, unless sufficient time for the other work could be taken either at the beginning or end of the normal working hours and the employee can ensure that the other employer is aware that the work will be conducted in accordance with this policy,
(iv) conflict with the employee’s duties;
(d) not work for any employer other than the Correctional Services Division while on general or short-term illness leave;
(e) not solicit or accept, directly or indirectly, a fee, gift or benefit from a person or an organization who has dealings with government, if the fee, gift or benefit could influence the performance of the employee’s duties;
(f) not solicit or accept fees, gifts or other benefits that are connected with the performance of their duties in circumstances other than
(i) the normal exchange of gifts between friends,
(ii) the normal exchange of hospitality between persons doing business together,
(iii) the exchange of tokens for reasons of protocol, or
(iv) the normal presentation of gifts to persons participating in public functions;
(g) obtain authorization from the Executive Director before trading in intellectual property that has been developed by employees for use within the [Correctional Services] Division;
(h) obtain authorization from their supervisor before using and reimburse the government after using government equipment, including photocopiers, fax machines, cellular phones, personal digital assistants, computers and other communication devices, including 2-way radios and pagers, for personal use;
(i) not engage in activities that detract from performance of their duties, such as extended personal visits during hours of duty, leaving the workplace to engage in personal errands, or engaging in lengthy personal telephone calls;
(j) not use their professional position, title or authority for personal advantage in dealing with others;
(k) adhere to restrictions that are required by Provincial government policies governing the involvement of public employees in political activities;
(l) benefit from government programs, services, and initiatives only to the extent that a member of the public could benefit from them;
(m) benefit from information that is obtained in the course of their employment only to the extent that a member of the public could benefit from it;
(n) not benefit from or permit the use of government property, including property leased to the government, or government services for anything other than the performance of official duties and functions, except to the extent that a member of the public could use or benefit from them;
(o) if the employee’s spouse or dependent child has a contract or agreement with the Provincial government or with any minister or department of the Provincial government, disclose the existence of the contract to the employee’s supervisor, unless the contract was awarded through public tender.
(2) Any doubt about whether an employee is involved in a conflict of interest must be resolved in favour of the public interest.
Public comments and activities
19 (1) An employee who is a union member, union steward, executive member of a union or union official may make public comments about
(a) collective bargaining matters;
(b) administrative or implementation practices relating directly to specific articles of the applicable collective agreement.
(2) An employee who is a union member, union steward, executive member of a union or union official must not engage in union activity while on duty, unless the activity is authorized by management, the applicable collective agreement or policies and procedures.
(3) An employee, including an employee who is a union member, union steward, executive member of a union or union official, must not make public comments that are knowingly reckless, false or malicious or that may jeopardize the safety or security of the public, employees or offenders.
Consequences of non-compliance with Code
20 (1) An employee who does not comply with the Code of Professional Conduct may be subjected to disciplinary action by the employer, up to and including dismissal.
(2) Any disciplinary action by the employer must be exercised reasonably and with consideration of all relevant circumstances.
Weapons and Security Equipment
Restricted or prohibited weapon in correctional facility
21 (1) Except as provided in subsection (2), a peace officer who is not a Correctional Services Division employee and who carries a restricted or prohibited weapon, including a firearm, in the course of their regular duties may carry the weapon into a correctional facility, but the peace officer must unload and secure the weapon in a designated location in the correctional facility.
(2) In an emergency, as defined in subsection 7(1) of the Act, a superintendent may determine that subsection (1) does not apply.
Restricted or prohibited weapon in Correctional Services Division office
22 A peace officer who carries a restricted or prohibited weapon, including a firearm, in the course of their regular duties may carry the weapon into a Correctional Services Division office.
Security equipment for use to control offenders in custody
23 The following security equipment is approved for use to control offenders in custody for the purposes set out in Section 43 of the Act:
(a) handcuffs;
(b) flexcuffs;
(c) leg restraints;
(d) waist restraints;
(e) bed restraints;
(f) helmets;
(g) shields;
(h) mattresses;
(i) fire hoses;
(j) restraint chairs.
Security equipment for use by probation officers
24 The following security equipment is approved for use by probation officers for the purposes set out in Section 43 of the Act:
(a) handcuffs;
(b) flexcuffs.
Designated employee for complaints
25 In Sections 26 to 28, “designated employee” means an employee or a member of a class of employees designated by the Minister under subsection 24(1) of the Act to receive and respond to a complaint.
26 A designated employee who receives a complaint must acknowledge the complaint in writing no later than 5 business days after the date it is received.
27 (1) Except as provided in Section 28, a designated employee who receives a complaint must investigate the complaint and, as soon as practicable after investigating the complaint, must
(a) take whatever steps the designated employee considers appropriate to resolve the complaint; or
(b) refer the matter for investigation by another employee or an outside agency.
(2) As soon as practicable after investigating a complaint, a designated employee must advise the complainant of the action taken under subsection (1).
When complaint not required to be investigated
28 (1) A designated employee who receives a complaint may decide not to investigate the complaint if the designated employee is satisfied that
(a) the complaint is trivial, is not made in good faith or is frivolous or vexatious;
(b) the circumstances of the complaint do not require investigation; or
(c) the offender made no effort to resolve the matter before making the complaint.
(2) A designated employee who decides not to investigate a complaint in circumstances described in clause (1)(c) must refer the matter
(a) back to the complainant to attempt to resolve the matter themselves; or
(b) to another employee to attempt to resolve the matter with the complainant.
Deadline for resolving or referring complaint
29 A complaint must be answered or referred to the appropriate party no later than 10 business days after the date the complaint was received.
30 (1) An appeal under subsection 24(4) of the Act by a complainant who is not satisfied with the response to their complaint must be in writing and must state the reasons for the appeal.
(2) A complainant’s appeal must be forwarded to the Executive Director no later than 10 business days after the date the complainant receives the response to their complaint.
(3) No later than 10 business days after the date the Executive Director receives an offender’s appeal of a response to a complaint, the Executive Director must notify the offender and the superintendent of the decision in the matter.
Community corrections admission procedures
31 (1) On admission to supervision by community corrections, an offender must be photographed or video-recorded.