O. Reg. 50/22: GENERAL

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ontario regulation 50/22

made under the

Ministry of Correctional Services Act

Made: December 9, 2021
Filed: February 4, 2022
Published on e-Laws: February 4, 2022
Printed in The Ontario Gazette: February 19, 2022

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

(GENERAL)

1. Section 1 of Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“business day” means a day from Monday to Friday, other than a holiday; (“jour ouvrable”)

“frisk search” means a manual search of the clothed body, including inside clothing folds, pockets and footwear; (“fouille par palpation”)

“non-intrusive search” means,

(a)  a search of a non-intrusive nature of the clothed body by technical means, including by means of a hand-held metal detector, a walk-through metal detector, an ion scanner or a similar non-intrusive device, or by canines, or

(b)  a manual search, or a search by technical means, including through the use of an x-ray parcel scanner, of,

(i)  personal possessions, including clothing, that the person may be carrying, or

(ii)  any coat or jacket that the person has been requested to remove; (“fouille discrète”)

2. Clause 1.1 (2) (a) of the Regulation is revoked and the following substituted:

(a)  prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or

3. Clause 1.2 (2) (a) of the Regulation is revoked and the following substituted:

(a)  prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or

4. Clause 1.3 (2) (a) of the Regulation is revoked and the following substituted:

(a)  prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or

5. Section 22 of the Regulation is revoked and the following substituted:

22. The Superintendent may authorize searches under section 22.1 or 22.2 for the purpose of the security of the correctional institution or the safety of persons.

22.1 (1) The Superintendent may authorize a search, at any time, of,

(a)  the premises of the institution or any part thereof, including staff lockers;

(b)  the person of an inmate;

(c)  the property of an inmate; or

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

(2) An officer or manager may conduct an immediate search described in subsection (1) without the authorization of the Superintendent if the officer or manager has reasonable grounds to believe that an inmate will destroy or dispose of contraband during the delay necessary to obtain the authorization.

22.2 (1) This section applies to searches of persons other than inmates.

(2) In this section, a reference to “contraband” is a reference to property that would be contraband if it were in the possession of an inmate, unless its possession is authorized by the Superintendent.

(3) The Superintendent may authorize specified persons to conduct non-intrusive searches of every person other than an inmate who is entering or who is located on the premises of the correctional institution, or a randomized selection of those persons, even if there is no individualized suspicion that those persons are carrying contraband.

(4) The Superintendent may authorize specified persons to conduct frisk searches of a randomized selection of persons who are not inmates and who are entering or who are located within a secure area of the correctional institution, even if there is no individualized suspicion that those persons are carrying contraband.

(5) The Superintendent may authorize specified persons to conduct a non-intrusive or frisk search of a person other than an inmate who is entering or who is located within a secure area of the correctional institution if the Superintendent has reasonable grounds to believe that the person is carrying contraband.

(6) The Superintendent may authorize specified persons to conduct a search of a person other than an inmate using technology that produces an image of the person’s body, or of a suspected location of contraband on the person’s body, if,

(a)  the person is entering or is located within a secure area of the correctional institution;

(b)  the Superintendent has reasonable grounds to believe that the person is carrying contraband; and

(c)  a non-intrusive or frisk search would not be sufficient to determine whether the person is carrying contraband.

(7) The Superintendent may authorize specified persons to conduct a search of any possessions of a person other than an inmate that are located on the premises of the correctional institution if the Superintendent has reasonable grounds to believe that,

(a)  the possessions may include contraband; and

(b)  the person intends to give the contraband to an inmate without authorization.

(8) The authorization described in subsection (7) is not required for the purposes of a search under section 22.1 in respect of items that are in plain sight on the premises of the correctional institution, including items in a staff locker that are in plain sight when the locker door is opened during a locker search.

(9) If a Regional Director, Institutional Services has reasonable grounds to believe that a Superintendent is in possession of contraband, the Regional Director may authorize a search of the Superintendent or of the Superintendent’s possessions under subsection (5), (6) or (7), and those subsections apply to the search with necessary modifications.

(10) Searches of persons other than inmates and of their property under this section must be conducted in a respectful manner and must take into account any applicable accommodation needs under the Human Rights Code.

(11) A person other than an inmate shall not be subject to a frisk search, a non-intrusive search of their body, or a search described in subsection (6) without their consent, but if they do not consent they may be required to leave the premises of the correctional institution or secure area or may not be permitted to enter the premises or secure area.

6. Clause 23 (b) of the Regulation is amended by striking out “reasonable cause” and substituting “reasonable grounds”.

7. The Regulation is amended by adding the following section:

25.1 The Superintendent shall provide the Minister with statistical information on searches of persons other than inmates in the correctional institution that are authorized under section 22.2 every four months.

8. Subsection 27 (1) of the Regulation is amended by striking out “section 22” at the end and substituting “section 22.1”.

9. (1) Section 33 of the Regulation is amended by adding the following subsections:

(1.1) In order to trigger a review under subsection (1), an inmate must make a request to the Minister in writing within 30 business days after the day the inmate receives notice of the Superintendent’s decision.

(1.2) In exceptional circumstances or to accommodate any needs related to the Human Rights Code, the Minister may extend the timeline described in subsection (1.1) to up to 90 business days after the day the inmate receives notice of the Superintendent’s decision.

(2) Section 33 of the Regulation is amended by adding the following subsection:

(3.1) The Minister must complete their review and notify the inmate and the Superintendent of their decision as required by subsection (3) within 30 business days after the day on which the Superintendent received the request from the inmate.

(3) Section 33 of the Regulation is amended by adding the following subsection:

(5) Subsections (1.1), (1.2) and (3.1) do not apply to a review of a Superintendent’s decision if the decision that is the subject of the review was made before February 18, 2023.

Commencement

10. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1 and 5 to 8 come into force on October 1, 2022.

(3) Section 9 comes into force on February 18, 2023.

 

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