O. Reg. 316/24: GENERAL

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ontario regulation 316/24

made under the

Ministry of Correctional Services Act

Made: June 26, 2024
Filed: July 29, 2024
Published on e-Laws: July 30, 2024
Published in The Ontario Gazette: August 17, 2024

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

(GENERAL)

1. (1) Section 24 of Regulation 778 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

24. (1) A strip search of an inmate is only authorized if it is conducted in the circumstances described in subsection (3), (5) or (9) and in accordance with the other requirements in this section.

(2) A strip search of an inmate may only be conducted by an officer or manager employed in the correctional institution.

(3) An officer or manager may conduct a strip search of an inmate if the officer or manager believes on reasonable grounds that,

(a) the inmate is carrying contraband that can be hidden on or within the body;

(b) a strip search is needed to confirm the existence of contraband or recover it; and

(c) using a less intrusive search method would not be effective at locating contraband or is not operationally feasible.

(4) Before an officer conducts a search in the circumstances described in subsection (3), the officer must obtain the approval of a manager employed in the correctional institution unless the officer believes on reasonable grounds that the time required to obtain a manager’s approval would endanger the security of the correctional institution or the personal safety of any person.

(5) An officer or manager may conduct a strip search of a group of inmates if the officer or manager believes on reasonable grounds that,

(a) contraband that can be hidden on or within the body and that poses a clear and substantial danger to human safety or security is present in the area of the correctional institution where the group of inmates is located;

(b) a strip search of the group of inmates is needed to confirm the existence of contraband or recover it; and

(c) using a less intrusive search method would not be effective at locating contraband or is not operationally feasible.

(6) A strip search that is conducted in the circumstances described in subsection (5) must be limited to as small a group of inmates as is reasonably necessary to confirm the existence of contraband or recover it.

(7) The officer or manager must obtain the personal approval of the Superintendent or, in the absence of the Superintendent, the acting head of the correctional institution before conducting a strip search in the circumstances described in subsection (5) unless,

(a) the officer or manager believes on reasonable grounds that the time required to comply with the requirement would endanger the security of the correctional institution or the personal safety of any person; and

(b) in the case of an officer, the officer obtains the approval of a manager employed in the correctional institution before conducting the strip search.

(8) Despite section 3, the Superintendent and the acting head of the correctional institution may not delegate their authority to provide approval under subsection (7).

(9) An officer or manager may conduct a strip search of an inmate in any of the following circumstances if a less intrusive search method would not be effective at locating contraband or is not operationally feasible:

1. When an inmate is entering the correctional institution, except if the inmate is returning from an escorted absence during which the inmate was directly observed by an officer or manager at all times.

2. Before the inmate leaves the correctional institution on an escorted absence, including when they are transported to court.

3. Before the inmate is transferred to the custody of another correctional institution, a penitentiary or a psychiatric facility, whether within or outside Ontario.

4. When the inmate is initially held in conditions of confinement that isolate them from other inmates due to a risk of self-harm or physical harm to others.

5. When the inmate is leaving an area within the correctional institution where they had access to potentially dangerous contraband that could be hidden on or within the body.

(10) Before beginning a strip search, the officer or manager conducting the strip search shall inform the inmate of the purpose of the search and the process for conducting it.

(11) An officer or manager conducting a strip search shall conduct the search visually and may verbally direct the inmate’s movements in ways that facilitate the search but, except as permitted by subsections (12) and (13), shall not touch the inmate or, despite clause 7 (1) (d), use force to conduct the strip search.

(12) An officer or manager conducting a strip search may touch the inmate during the search in accordance with a request from the inmate, such as where the inmate requests physical support due to mobility issues.

(13) An officer or manager conducting a strip search may use force in a manner that complies with subsection 7 (2) to conduct the strip search if,

(a) the inmate is refusing to comply with a direction or order from the officer or manager to remove some or all of their clothing as part of the strip search;

(b) the officer or manager has made reasonable efforts to achieve compliance with the direction or order and has considered alternative options to using force but has determined that there are no alternative options that are adequate and appropriate in the circumstances; and

(c) in the case of an officer, the officer has obtained the approval of the Superintendent.

(14) Despite section 3, a Superintendent may only delegate their authority to provide the approval referred to in clause (13) (c) to a manager.

(15) Where an officer or manager uses force to conduct a strip search, the report required by subsection 7 (3) must include a description of the alternative options to using force that were considered by the officer or manager and the reasons why the officer or manager determined that those alternative options were not adequate or appropriate in the circumstances.

(16) The officer or manager conducting the strip search shall not require the inmate’s clothing to be removed for longer than necessary to conduct the search and shall not cause unnecessary embarrassment or humiliation.

(17) The strip search must be witnessed by one other officer or manager.

(18) An inmate shall only be subjected to a strip search by an officer or manager who is of the same gender, and the strip search shall only be witnessed by an officer or manager who is of the same gender.

(19) Despite subsection (18), the witness to the strip search may be of a different gender than the inmate if the officer or manager conducting the strip search believes on reasonable grounds that the time required to find a witness of the same gender would endanger the security of the correctional institution or the personal safety of any person.

(20) For greater certainty, subsections (18) and (19) apply subject to any applicable accommodation needs under the Human Rights Code.

(2) Section 24 of the Regulation, as re-made by subsection (1), is amended by adding the following subsections:

(17.1) The strip search must be conducted in a manner that ensures that the inmate’s underwear, chest, buttocks and genitals are not visible to any person other than the inmate, the officer or manager conducting the strip search and the witness.

(17.2) Subsection (17.1) does not apply if the officer or manager conducting the strip search believes on reasonable grounds that the time required to comply with the requirement would endanger the security of the correctional institution or the personal safety of any person.

(17.3) Subsection (17.1) does not prohibit closed circuit recording of a strip search for safety or security purposes.

. . .  . .

(19.1) In the circumstances described in subsection (19), the witness shall position themselves so that they can observe the officer or manager conducting the strip search but cannot observe the inmate’s underwear, chest, buttocks or genitals.

2. (1) Section 25 of the Regulation is amended by adding the following subsection:

(3) In the case of a strip search, the written record must also include,

(a) the names of the officers or managers who conducted and witnessed the search;

(b) the date and time of the strip search;

(c) where applicable, the name of the person who approved the search or, if the search was not approved, the justification for not having obtained the approval;

(d) the circumstances that gave rise to the search;

(e) confirmation from the officers or managers who conducted and witnessed the search that they complied with the requirements of section 24;

(f) if the exception described in subsection 24 (19) was relied on, the justification for relying on the exception; and

(g) whether any Human Rights Code accommodations needs were identified and, if so, how those needs were addressed.

(2) Clause 25 (3) (f) of the Regulation, as made by subsection (1), is revoked and the following substituted:

(f) if an exception described in subsection 24 (17.2) or (19) was relied on, the justification for relying on the exception; and

O. Reg. 190/23

3. Subsection 7 (2) and section 8 of Ontario Regulation 190/23 are revoked.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsections 1 (1) and 2 (1) come into force on July 31, 2024.

(3) Subsections 1 (2) and 2 (2) come into force on December 31, 2025.

 

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