O. Reg. 254/03: GENERAL

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ontario regulation 254/03

made under the

Ministry of correctional services act

Made: June 18, 2003
Filed: June 19, 2003
Printed in The Ontario Gazette: July 5, 2003

Amending Reg. 778 of R.R.O. 1990

(General)

Note: Since the end of 2002, Regulation 778 has been amended by Ontario Regulations 151/03 and 152/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections immediately before the heading “Inmate Employment”:

17.1 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that telephone conversations between an inmate and any other persons be listened to or otherwise intercepted where the Superintendent or designated employee believes on reasonable grounds that the conversations will contain evidence of an act that would jeopardize the security of the institution or the safety of any person.

(2) Every correctional institution shall have a telephone system that ensures the confidentiality of telephone conversations between an inmate and a person described in clause 17 (2) (a), (b), (c), (d) or (e) and subsection (1) does not apply to such telephone conversations.

(3) The telephone system in a correctional institution shall provide notice of the potential interception of a telephone conversation to both parties to the conversation by way of a voice-over message or other means.

(4) Where a telephone conversation is intercepted under subsection (1), the Superintendent or designated employee shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the interception.

(5) If informing the inmate as required by subsection (4) would adversely affect an ongoing investigation, the Superintendent or designated employee is not required to comply with that subsection until the investigation is complete.

17.2 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that an inmate be prevented from communicating with a specified person by telephone if the Superintendent or designated employee believes on reasonable grounds that the security of the institution or the safety of any person would be jeopardized.

(2) The Superintendent or an employee designated by the Superintendent or the Deputy Minister for the purpose may authorize that an inmate be prevented from communicating with a specified person by telephone if the specified person, or his or her parent or guardian where the specified person is a minor, submits a request to the Superintendent or designated employee that he or she not receive any telephone communication from the inmate.

(3) Where an inmate is prevented under subsection (1) or (2) from communicating with a person by telephone, the Superintendent or designated employee, as the case may be, shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the prevented communication.

(4) If informing the inmate as required by subsection (3) would jeopardize the security of the institution or the safety of any person, the Superintendent or designated employee is not required to comply with that subsection until informing the inmate would no longer jeopardize the security of the institution or the safety of any person.

 

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