Corrections Regulations
Regulation- Registration
- R-073-2021
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Corrections Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.37 amended by Corrections Act
The Commissioner in Executive Council, under section 63 of the Corrections Act and every enabling power, makes the Corrections Regulations.
For the purposes of the Act and these regulations,
"remission award assessor" means a staff member directed to act as a remission award assessor under subsection 33(1); (assesseur des réductions de peine méritées)
"strip search" means a visual inspection by an authorized person of a nude person that includes
(a) visual inspection of
(i) the person undressing completely,
(ii) the open mouth, hands and arms of the person,
(iii) the soles of the feet and the inside of the ears of the person,
(iv) the person running their fingers through their hair, and
(v) the person bending over, and
(b) the person otherwise enabling the authorized person to perform the visual inspection. (fouille à nu)
For the purposes of the Act and these regulations, contraband includes any article or thing that is altered from its original state or purpose and that could reasonably be used in a manner or for a purpose that violates the Act or these regulations.
Agreements
(1) The term of an agreement under section 5 of the Act must not exceed five years, but may provide for one or more renewals or extensions.
(2) For greater certainty, an agreement under section 5 of the Act is subject to the provisions of both the Access to Information and Protection of Privacy Act and the Health Information Act.
Admission
(1) Subject to section 5, the Person in Charge shall admit into a correctional centre as an inmate every person delivered under lawful authority for confinement in the correctional centre.
(2) The Director of Corrections shall set specified days and times for admission of persons into custody at a correctional centre under subsection (1).
(3) An inmate who has been sentenced to imprisonment in a correctional centre may be imprisoned in any correctional centre, as directed by the Director of Corrections.
(4) An inmate remanded to or lawfully detained at a correctional centre may be detained in any correctional centre, as directed by the Director of Corrections.
(5) The Person in Charge may, where circumstances allow, house inmates who are remanded or lawfully detained separately from inmates who are serving a sentence of imprisonment.
(1) The Person in Charge shall not admit to a correctional centre as an inmate any person who appears to the Person in Charge to be in need of immediate medical attention.
(2) The Person in Charge may refuse to admit, on transfer or otherwise, any person to a correctional centre as an inmate unless a health professional
(a) assesses the health of the person;
(b) confirms that the person is fit for admission; and
(c) confirms that the person is free from any infectious or contagious disease that cannot be safely managed at the place of admission.
(1) In this section, "personal identification device" means a device used to individually identify an inmate and may include a wrist band, magnetic access card or other device approved by the Director of Corrections.
(2) On admission to a correctional centre, an inmate shall
(a) submit to an identification process that may include taking photographs, digital or video images, or any other similar form of identification approved by the Director of Corrections; and
(b) provide or identify the inmate’s
(i) name,
(ii) date and place of birth,
(iii) height and weight, and
(iv) distinguishing marks, including birthmarks, scars or tattoos.
(3) On admission to a correctional centre, an inmate may be issued
(a) a correctional service number; and
(b) a personal identification device.
Transfer
(1) Notwithstanding the terms of any order, warrant or other document authorizing the lawful detention of an inmate, the Person in Charge may direct that an inmate confined in one correctional centre be transferred to
(a) another correctional centre; or
(b) an institution for the custody of inmates in another territory or province, in accordance with an agreement made under paragraph 5(2)(b) of the Act.
(2) Notwithstanding subsection (1), the Person in Charge shall not transfer an inmate under that subsection if a health professional determines that the inmate is not fit for transfer.
(3) Subject to subsection (5), the Person in Charge shall provide an inmate with written notice of a transfer under subsection (1) before the transfer occurs.
(4) Notice provided under subsection (3) must include
(a) the reason for the transfer;
(b) the place to which the inmate is being transferred; and
(c) the process by which the inmate may seek to have the transfer reviewed.
(5) Subsection (3) does not apply if the Person in Charge believes, on reasonable grounds, that any delay necessary in order to comply with that subsection would jeopardize the safety of a person or the management, operation and security of the correctional centre.
(6) If, in accordance with subsection (5), an inmate is not provided with written notice of a transfer before it occurs, the Person in Charge of the correctional centre to which the inmate is transferred shall provide the inmate with written notice within 48 hours following the transfer setting out
(a) the reason for the transfer; and
(b) the process by which the inmate may seek to have the transfer reviewed.
Discharge
(1) A sentenced inmate may consent to having the following notified of their discharge and of any plan for discharge:
(a) the Department of Health and Social Services;
(b) an Indigenous government or organization identified by the inmate as one of which they are a member.
(2) If an inmate provides their consent under subsection (1), the Person in Charge shall give notice of the inmate’s discharge and of any plan for discharge to the organizations listed in subsection (1).
(3) Notice under this section may include such details of an inmate’s plan for discharge as may be required for the Department or organization to offer appropriate support to the inmate on discharge.
On discharge of an inmate from a correctional centre, the Person in Charge
(a) may assist the inmate with travel
(i) to the place in the Northwest Territories where the inmate was convicted, or
(ii) to another place in Canada that the Person in Charge considers reasonable; and
(b) shall provide the inmate with clothing suitable to the climatic conditions at the time of discharge.
Review of Initial Security
Classification Assignment
(1) An authorized person shall review a security classification assigned to an inmate on admission under subsection 31(1) of the Act using an approved security classification process and shall either confirm or vary the initial security classification.
(2) If a review under subsection (1) results in a security classification assignment higher than the lowest possible classification, the authorized person shall provide the inmate with notice of the classification, including reasons for the classification.
(3) An inmate may, within seven days of receipt of the notice and reasons under subsection (2), request a review of the decision by the Person in Charge.
(4) On a request under subsection (3), the Person in Charge shall give the inmate an opportunity to make representations and, after considering any representations made by the inmate, shall
(a) confirm or vary the security classification; and
(b) provide the inmate with the decision and reasons for the decision, including notice of the new or confirmed security classification.
(5) An inmate may, within seven days of receipt of a decision and reasons under subsection (4), request a review of that decision by the Director of Corrections.
(6) On a request under subsection (5), the Director of Corrections shall review the decision and the request for review and shall
(a) confirm or vary the security classification; and
(b) provide the inmate with the decision and reasons for the decision, including notice of the new or confirmed security classification.
Review of Security
Classification Assignment
(1) An authorized person shall review an inmate’s security classification using an approved security classification process if
(a) there are significant changes to an inmate’s circumstances and the authorized person has reason to believe that the inmate meets the criteria for a different classification;
(b) an inmate has completed a program targeting their criminogenic needs;
(c) an inmate is being considered for transfer, temporary release or non-security escort; or
(d) the inmate requests a review.
(2) On a review under subsection (1), the authorized person shall
(a) confirm or vary the security classification; and
(b) provide the inmate with the decision and reasons for the decision, including notice of the new or confirmed security classification.
(3) An inmate may, within seven days of receipt of a decision and reasons under subsection (2), request a review of the decision by the Person in Charge.
(4) On a request under subsection (3), the Person in Charge shall give the inmate an opportunity to make representations and, after considering any representations made by the inmate, shall
(a) confirm or vary the security classification; and
(b) provide the inmate with the decision and reasons for the decision.
(5) An inmate may, within seven days of receipt of a decision and reasons under subsection (4), request a review of that decision by the Director of Corrections.
(6) On a request under subsection (5), the Director of Corrections shall review the decision and the request for review and shall
(a) confirm or vary the security classification; and
(b) provide the inmate with the decision and reasons for the decision, including notice of the new or confirmed security classification.
Female Inmates
(1) Subject to this section, the Person in Charge shall make all reasonable efforts to ensure that supervision of a female inmate is conducted only by female staff members.
(2) The Director of Corrections may authorize supervision of a female inmate by a male staff member if the Director considers it reasonable to do so and if all reasonable efforts have been made under subsection (1).
(3) Notwithstanding subsections (1) and (2), a male staff member may, in the following circumstances and if a female staff member is also present, be assigned duties on a unit in a correctional centre that houses a female inmate:
(a) during routine rounds and inspections;
(b) if the use of force is required in accordance with the Act and these regulations;
(c) during an emergency situation.
(4) Notwithstanding subsections (1) and (2), a male staff member may be assigned duties with respect to a general, rehabilitation or work program in which a female inmate participates, if
(a) a female staff member is also present; or
(b) the male staff member is authorized by the Person in Charge to undertake the duties without a female staff member present and the program is conducted under video surveillance.
(5) Notwithstanding subsections (1) and (2), a male staff member may be assigned to escort a female inmate if the principal staff member assigned to escort the inmate is female.
(1) Subject to this section, the Person in Charge must make all reasonable efforts to ensure that an interview of a female inmate is
(a) conducted by a female staff member; and
(b) conducted in a setting that protects the privacy of the inmate and the confidentiality of the interview.
(2) Notwithstanding subsection (1), a male staff member or a male person from one of the categories of persons set out in subsection (3) may interview a female inmate if
(a) they are accompanied by a female staff member; or
(b) they are authorized by the Person in Charge to conduct the interview without a female staff member present and the interview is conducted under video surveillance.
(3) The following categories are set out for the purposes of subsection (2):
(a) spiritual advisor;
(b) probation officer;
(c) parole officer;
(d) teacher;
(e) Child Protection Worker or authorized person under the Child and Family Services Act;
(f) police officer;
(g) representative of the Northwest Territories Human Rights Commission;
(h) Ombud under the Ombud Act.
A male staff member shall not view video surveillance of a female inmate if knowledge that the surveillance was viewed by a male staff member would be reasonably likely to subject the inmate to embarrassment or humiliation.
Health Care
A staff member who becomes aware that an inmate is injured or is suffering from an illness requiring medical attention shall report the injury or illness to the Person in Charge as soon as is reasonably practicable.
If a health professional is of the opinion that the state of health of an inmate presents a risk to the inmate or another person, the health professional shall, as soon as is reasonably practicable, report to the Person in Charge
(a) the nature and extent of the risk; and
(b) the health professional’s recommendations for mitigating the risk.
Programs
Notwithstanding subsection 22(4) of the Act, an inmate may be exempted from participation in programs and services if
(a) the inmate is excused in writing by a health professional;
(b) the program is a religious program; or
(c) the program conflicts with a recognized day of religious observance of the religious faith that the inmate practices.
Biological Sampling
(1) If a demand to provide a biological sample has been made under subsection 24(2) of the Act, the person to whom the sample is provided must
(a) be the same gender as the subject of the demand;
(b) provide the subject of the demand with the appropriate materials to provide the sample;
(c) be present as the sample is provided;
(d) ensure that the subject of the demand is in the presence of an authorized person from the time the demand is made until the time the sample is provided, or until the time period for providing the sample under subsection (2) has expired, whichever is sooner; and
(e) ensure that the subject of the demand is kept separate from all other individuals from the time the demand is made until the time the sample is provided, or until the time period for providing the sample under subsection (2) has expired, whichever is sooner.
(2) The subject of a demand under subsection 24(2) of the Act shall provide the biological sample within two hours of the time of the demand and shall
(a) wash their hands prior to providing the sample; or
(b) wear gloves while providing the sample.
(3) Once a biological sample has been collected, the person to whom the sample is provided shall, in the presence of the subject of the demand, complete all of the following steps, if applicable:
(a) seal the container;
(b) affix a label to the container identifying the sample in a manner that does not disclose the identity of the subject;
(c) certify on the label that the container contains the sample of the subject;
(d) produce a written record that indicates the identifier on the container that corresponds to the identity of the subject of the demand.
Separate Confinement
Notwithstanding paragraph 36(1)(b) of the Act, a Person in Charge must not continue to hold an inmate in separate confinement if, within five days of the commencement of the separate confinement, the Person in Charge has not caused the inmate to be transferred out of the correctional centre for the purpose of further examination under the Mental Health Act.
Voluntary Separate Confinement
(1) An inmate may request to be confined separately from other inmates if the inmate believes they are at risk of serious harm or are likely to be at risk of serious harm if not confined separately.
(2) The Person in Charge shall review a request made under subsection (1) and may approve or deny the request.
(3) If the Person in Charge approves a request under subsection (2), the inmate who made the request may be confined separately.
(4) The Person in Charge shall not confine an inmate separately under this section if the Person in Charge, acting reasonably, believes that the inmate is not capable of making an informed request.
(5) If an inmate is confined separately in accordance with this section,
(a) the provisions of section 36 of the Act, other than subsection (1), apply with any necessary modification to that separate confinement; and
(b) the inmate may revoke their request to be separately confined at any time.
(6) If an inmate no longer wishes to be confined separately under this section, the inmate must not be confined separately under this section.
(7) The Person in Charge shall maintain a record of requests made under subsection (1) and the decisions made in respect of those requests.
Physical Restraints
(1) An authorized person may use a type of physical restraint device approved by the Director of Corrections under subsection 30(3) of the Act if circumstances require use of the physical restraint device in order to
(a) prevent injury or death to a person;
(b) prevent property damage;
(c) prevent an inmate from escaping;
(d) maintain custody and control of an inmate; or
(e) maintain order within a correctional centre.
(2) A physical restraint device must not be used to restrain an inmate for more than four continuous hours unless
(a) authorized by the Person in Charge under subsection (3); or
(b) the inmate is on an escorted absence from the correctional centre.
(3) Subject to subsection (4), the Person in Charge may authorize the use of a physical restraint device to restrain an inmate for more than four continuous hours, but for no more than 16 continuous hours, if
(a) the Person in Charge believes on reasonable grounds that the use of the physical restraint device is necessary for the safety of the inmate or for the safety of another person; and
(b) other means of control of the inmate have been exhausted or are not reasonable in the circumstances.
(4) The Person in Charge may, with the approval of the Director of Corrections, authorize the use of a physical restraint device to restrain an inmate for more than 16 continuous hours, but for not more than 24 continuous hours.
(5) The Director of Corrections may, at any time, revoke their approval under subsection (4).
Strip Searches
(1) A strip search must be
(a) observed by an authorized person, other than the authorized person conducting the strip search who is, subject to subsection (2), the same gender as the person being searched;
(b) carried out in as private an area as the circumstances reasonably allow; and
(c) carried out as quickly as the circumstances reasonably allow.
(2) For the purpose of paragraph (1)(a), the authorized person observing the search does not need to be a person of the same gender as the person being searched if the Person in Charge believes, on reasonable grounds, that any delay necessary in order to comply with that requirement would result in a risk to human life or safety.
(3) Before conducting a strip search and subject to subsection (4), the authorized person conducting the strip search must
(a) inform the person to be strip searched of the reasons for the strip search; and
(b) explain how the strip search will be conducted.
(4) Subsection (3) does not apply if the authorized person conducting the strip search believes, on reasonable grounds, that any delay necessary in order to comply with subsection (3) would result in a risk to human life or safety, or in the loss or destruction of evidence.
(5) An authorized person who conducts a strip search of a visitor under subsection 38(6) of the Act or of a staff member under subsection 39(4) of the Act shall submit a written report of the strip search to the Person in Charge as soon as is reasonably practicable.
(1) This section does not apply if a strip search is conducted in the following circumstances:
(a) on admission, entry, transfer or return of an inmate to a correctional centre;
(b) on entry by an inmate to a cell in a place of disciplinary segregation or separate confinement;
(c) on return of an inmate to a living area from another area of the correctional centre, if the authorized person believes on reasonable grounds that the inmate may have had access to contraband that may be hidden on or in the inmate’s body.
(2) An authorized person shall not conduct a strip search of an inmate unless they
(a) believe on reasonable grounds that the inmate may be in possession of contraband or evidence relating to an offence under subsection 60(3) of the Act;
(b) believe on reasonable grounds that a strip search is necessary in the circumstances; and
(c) obtain the authorization of the Person in Charge, unless the authorized person believes on reasonable grounds that any delay necessary in order to comply with this requirement would result in a risk to human life or safety, or in the loss or destruction of evidence.
(3) The Person in Charge must, before giving the authorization referred to in paragraph (2)(c), be satisfied that a strip search is necessary in the circumstances.
(4) An authorized person who conducts a strip search under this section shall submit a written report of the strip search to the Person in Charge as soon as is reasonably practicable.
Vehicle Searches
(1) An authorized person shall not conduct a search of a vehicle under subsection 40(2) of the Act without the approval of the Person in Charge.
(2) Before conducting a search of a vehicle under subsection 40(2) of the Act, an authorized person shall
(a) inform the driver of the vehicle or the person who brought the vehicle onto the property of the correctional centre of the reason for the search; and
(b) describe the process of conducting the search.
(3) If the driver of the vehicle or the person who brought the vehicle on to the property of the correctional centre does not consent to the search, they may be directed to remove themselves and the vehicle from the property.
(4) If evidence relating to an offence under the Act or these regulations is found in a search of a vehicle made under subsection 40(2) of the Act, the authorized person shall
(a) direct the driver of the vehicle or the person who brought the vehicle onto the property of the correctional centre and any occupant of the vehicle to remove themselves and the vehicle from the property; and
(b) contact police.
Rules
The rules of conduct set out in the Schedule to these regulations are prescribed as rules of conduct that apply to all correctional centres.
Reports
A written report under subsection 42(6) of the Act must identify
(a) the rule alleged to have been breached by the inmate;
(b) the activity that constitutes the alleged breach; and
(c) details of any steps taken to informally address the misconduct under subsection 42(5) of the Act.
Disciplinary Hearings
(1) If, on receiving a report under subsection 42(6) of the Act, a Person in Charge decides to convene a disciplinary hearing in respect of the inmate and the alleged contravention, the Person in Charge shall, as soon as is reasonably practicable, provide a copy of the report to the inmate.
(2) A disciplinary hearing must be convened as soon as is reasonably practicable and not more than four days after the Person in Charge has given notice to an inmate under subsection 42(8) of the Act.
(3) A disciplinary hearing may be commenced in the absence of the inmate if
(a) the inmate is absent from the correctional centre because the inmate
(i) is in court,
(ii) is absent for medical reasons,
(iii) is authorized or required by an enactment or a law of Canada to be absent from the correctional centre, or
(iv) has escaped from custody or is otherwise unlawfully absent from the correctional centre;
(b) the inmate refuses or chooses not to attend the hearing; or
(c) the behaviour of the inmate prior to the hearing is, in the opinion of the Person in Charge, so disruptive that the inmate cannot be safely escorted to the hearing.
(4) A disciplinary hearing must be adjourned if the inmate is not present, unless
(a) the inmate refuses or chooses not to attend the hearing; or
(b) the adjudicator reasonably believes that
(i) the presence of the inmate at the hearing would jeopardize the safety of a person at the hearing, or
(ii) the inmate is causing serious disruption to the hearing.
(5) A disciplinary hearing
(a) must be recorded; and
(b) may be held by video conference where facilities are available.
(6) An adjudicator may accept any evidence that the adjudicator considers relevant to the determination of the issues and is not bound by the rules of evidence applicable to judicial proceedings.
Disciplinary or Corrective Measures
(1) An adjudicator who makes a finding of guilt under section 42 of the Act may impose one or more of the following disciplinary or corrective measures:
(a) a warning or reprimand;
(b) a temporary or permanent restriction on activities or programs, other than a visit program;
(c) if the breach was directly related to a visit program, a temporary or permanent restriction on the program;
(d) intermittent confinement in a cell, other than a cell used for disciplinary segregation, for a period
(i) not exceeding 96 hours in total, and
(ii) not exceeding six hours in any 24 hour period;
(e) assignment of extra duties for a period not exceeding 12 hours;
(f) a requirement to participate in a restorative justice program;
(g) a requirement to participate in or perform duties under a program referred to in section 22 or 51 of the Act;
(h) with the inmate’s consent, a requirement to participate in a spiritual or ceremonial process with an Indigenous elder or spiritual advisor;
(i) forfeiture of earned remission in accordance with section 29;
(j) disciplinary segregation in accordance with the Act and section 30.
(2) An alternative measures panel acting under section 43 of the Act may impose one or more of the disciplinary or corrective measures listed in subsection (1), other than the following:
(a) forfeiture of earned remission in accordance with section 29;
(b) disciplinary segregation in accordance with the Act and section 30.
Forfeiture of Earned Remission
If forfeiture of earned remission is imposed as a disciplinary or corrective measure,
(a) the amount of earned remission available to the inmate that may be subject to forfeiture is determined as of the date of the contravention that resulted in the finding of guilt; and
(b) the amount of earned remission forfeited must not exceed 60 days.
Disciplinary Segregation
(1) If disciplinary segregation is imposed as a disciplinary or corrective measure under the Act or these regulations, the period of disciplinary segregation must not exceed 13 days.
(2) If an inmate was confined separately during the time between an incident that gave rise to a disciplinary hearing and a finding of guilt and imposition of disciplinary segregation, the number of days spent in separate confinement prior to the finding of guilt and imposition of disciplinary segregation must be deducted from the period of disciplinary segregation imposed.
(3) If disciplinary segregation is imposed following the adjudication of more than one alleged contravention,
(a) the written reasons imposing the disciplinary segregation must specify which contraventions have resulted in the imposition of disciplinary segregation, and whether the penalties for those contraventions are to be served concurrently or consecutively; and
(b) an order that disciplinary segregation penalties are to be served consecutively must not result in a total period of disciplinary segregation of more than 26 days.
(4) If the imposition of consecutive disciplinary segregation penalties results in a period of disciplinary segregation in excess of 13 days, the inmate must, on the expiration of 13 days,
(a) be removed from disciplinary segregation for a period of 48 hours; and
(b) be seen by a health professional before returning to disciplinary segregation.
(5) The Person in Charge may suspend or reduce a period of disciplinary segregation if the Person in Charge considers that such suspension or reduction is conducive to the inmate’s health, healing, rehabilitation and community reintegration and that any risk to any person at the correctional centre is minimal.
Appeal
(1) An appeal under subsection 42(18) of the Act must be commenced by an inmate within seven days of receipt of written reasons for the decision being appealed.
(2) An appeal under subsection (1) must
(a) be submitted in writing to the Director of Investigations and Standards;
(b) set out the grounds of appeal; and
(c) set out the relief requested.
(3) The Director of Investigations and Standards shall notify the inmate in writing within seven days of receipt of the appeal that the appeal has been received.
(4) In considering an appeal, the Director of Investigations and Standards may consider
(a) the record of the disciplinary hearing;
(b) any evidence presented at the disciplinary hearing; and
(c) the written reasons for the decision.
(5) The Director of Investigations and Standards may suspend a disciplinary or corrective measure imposed on an inmate pending consideration of an appeal.
Earned Remission
(1) A staff member shall appraise the performance of each sentenced inmate.
(2) An appraisal must include an evaluation of the inmate’s
(a) compliance with the rules of conduct for the correctional centre;
(b) participation in general or rehabilitative programs, other than religious programs, established under section 22 of the Act; and
(c) participation in work programs established under section 51 of the Act.
(1) The Person in Charge shall direct one or more staff members to act as remission award assessors for the correctional centre.
(2) A remission award assessor shall
(a) review the running record and appraisals of an inmate’s performance since the last award of earned remission was credited to the inmate; and
(b) determine the number of days of earned remission to be credited to an inmate in accordance with section 34.
(3) A disciplinary hearing under the Act or these regulations that has not yet resulted in a decision must not be considered as part of an appraisal under section 32 or a credit of remission under section 34.
(1) A remission award assessor shall credit earned remission
(a) for each inmate, within five days of the end of the previous month; or
(b) for an inmate about to be discharged, at the time of discharge for the days served since remission was last credited to the inmate under this section.
(2) A remission award assessor shall credit an inmate with earned remission as follows:
(a) for each month,
(i) 15 days for good performance,
(ii) 8 to 14 days for fair performance, or
(iii) zero to seven days for poor performance;
(b) for each incomplete month, earned remission pro-rated to the number of days the inmate would have been entitled to for a complete month based on the inmate’s performance.
(1) If a remission award assessor credits an inmate with less than the maximum possible award of earned remission, the assessor must forward the file to the Person in Charge for review.
(2) The Person in Charge shall review a credit of earned remission forwarded under subsection (1) and may
(a) confirm the amount of earned remission credited by the remission award assessor; or
(b) increase the amount of earned remission credited.
(3) If the Person in Charge confirms the decision to credit less than the maximum possible award of earned remission, the Person in Charge shall provide written reasons for that decision to the inmate.
(4) An inmate may, within seven days of receipt of a decision and reasons under subsection (3), request a review of that decision by the Director of Corrections.
(5) On receipt of a request for a review under subsection (4), the Director of Corrections
(a) shall review the decision and may
(i) affirm the decision of the Person in Charge, or
(ii) increase the award of earned remission credited; and
(b) shall provide written reasons to the inmate for the decision.
(6) The decision of the Director of Corrections under this section is final.
General
A person responsible for responding to a complaint received under section 59 of the Act shall keep a written record of
(a) the complaint;
(b) the decision in respect of the complaint;
(c) any request for a review of the decision respecting the complaint;
(d) the result of any review of the decision respecting the complaint; and
(e) all communication with the complainant in respect of the complaint.
These regulations come into force on the day on which section 63 of the Corrections Act, SNWT 2019, c.17, comes into force.
SCHEDULE
1. An inmate must not (a) assault another person; (b) be unlawfully at large or escape custody; (c) attempt to obtain contraband; (d) possess contraband; (e) give or sell contraband to another inmate; (f) manufacture or use an unauthorized drug; (g) use a drug in an unauthorized manner; (h) fail to comply with a demand under subsection 24(2) of the Act; (i) create or participate in a disturbance; (j) engage in an activity that jeopardizes or is likely to jeopardize (i) the safety of a person, or (ii) the management, operation or security of the correctional centre; (k) disobey a direction of a staff member or the Person in Charge; (l) enter, without the permission of a staff member, an area of the correctional centre in which the inmate is not authorized to be; (m) enter, without the permission of a staff member, a cell or living unit that is not assigned to the inmate; (n) willfully or recklessly damage or destroy property that is not the property of the inmate; (o) steal; (p) possess stolen property; (q) behave in a threatening, intimidating, abusive or indecent manner toward a person; (r) behave in a manner toward a person that shows hatred or contempt for the person based on the person's race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, family affiliation, political belief, political association or social condition; (s) engage in an indecent act; (t) engage in horseplay or roughhousing; (u) physically fight with another person; (v) tattoo or pierce their body; (w) obstruct a staff member in the execution of their duties; (x) provide a false or misleading statement to a staff member; (y) offer, give or accept a bribe; (z) gamble; (z.1) give to or accept from another inmate money or other property without the permission of a staff member; (z.2) refuse to attend work or a program or leave work or a program without the permission of a staff member or a reasonable excuse; (z.3) conceal their face; (z.4) use a tobacco or vapour product within the meaning of the Tobacco and Vapour Products Control Act without the permission of a staff member; (z.5) while on approved temporary absence from a correctional centre, violate any of the conditions to which the temporary absence is subject; (z.6) refuse to submit to, resist or obstruct a search authorized by the Act or these regulations; (z.7) engage in activity that promotes or encourages the creation, status or activities of a gang, including the display of an item, symbol or use of signals associated with a gang; (z.8) fail to promptly report to a staff member any circumstances in which the life or safety of a person is threatened; (z.9) assist another inmate in doing anything referred to in paragraphs (a) to (z.8); or (z.10) counsel, aid or abet another inmate in doing anything referred to in paragraphs (a) to (z.8).