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"Point in Time" Regulation Content

Correction Act

Correction Act Regulation

B.C. Reg. 58/2005

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 December 18, 2015
October 1, 2017
Section 2 June 8, 2020
Section 5 June 8, 2020
Section 9 June 8, 2020
Section 13 December 18, 2015
Section 17 December 18, 2015
June 8, 2020
Section 18 December 18, 2015
Section 21 December 18, 2015
September 1, 2016
Section 25 June 8, 2020
Section 26 June 8, 2020
Section 27 December 18, 2015
June 8, 2020
Section 29 June 8, 2020
Section 31 December 18, 2015
Section 36 November 13, 2018
Section 38 June 8, 2020
Section 39 October 1, 2017

 Section 1 definition of "Ombudsman" BEFORE repealed by BC Reg 243/2015, effective December 18, 2015.

"Ombudsman" means the Ombudsman appointed under the Ombudsman Act or a person to whom the Ombudsman has delegated any of his or her powers or duties under section 30 of the Ombudsman Act;

 Section 1 definition of "Ombudsperson" was added by BC Reg 243/2015, effective December 18, 2015.

 Section 1 definition of "health care professional" BEFORE amended by BC Reg 178/2017, effective October 1, 2017.

"health care professional" means any one of the following persons employed by or working under a contract with the minister:

(a) a medical practitioner;

(b) a dentist;

(c) a registered psychologist;

(d) a nurse;

(e) a person who is a member of a group of health care technicians that is approved by the assistant deputy minister for the purposes of sections 38 or 39;

(f) a mental health screener;

 Section 1 definition of "Provincial Health Services Authority" was added by BC Reg 178/2017, effective October 1, 2017.

 Section 2 (1) (b) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(b) a daily exercise period of at least one hour, in the open air if weather and security considerations allow,

 Section 5 (1) (d) (ii) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(ii) how to file a complaint with the person in charge and the director and how to ask for a review of a disciplinary hearing decision, and

 Section 5 (1) (d) (ii.1) was added by BC Reg 124/2020, effective June 8, 2020.

 Section 9 (1) (d) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(d) to maintain custody and control of an inmate.

 Section 13 (f) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(f) the Ombudsman;

 Section 13 (i) was added by BC Reg 243/2015, effective December 18, 2015.

 Section 17 (1) (a) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(a) the person in charge believes on reasonable grounds that the inmate

(i) is endangering himself or herself or is likely to endanger himself or herself,

(ii) is endangering another person or is likely to endanger another person,

(iii) is jeopardizing the management, operation or security of the correctional centre or is likely to jeopardize the management, operation or security of the correctional centre,

(iv) would be at risk of serious harm or is likely to be at risk of serious harm if not confined separately,

(v) must be confined separately for a medical reason, or

(vi) suffers from a mental illness,

 Section 17 (1) (b) BEFORE repealed by BC Reg 243/2015, effective December 18, 2015.

(b) the person in charge has requested an examination of the mental condition of the inmate for the purposes of the Mental Health Act, or

 Section 17 (2) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(2) Subject to subsection (3) and section 18 (1), the person in charge must release an inmate who is confined separately under subsection (1) from separate confinement within 72 hours of the commencement of the confinement.

 Section 17 (3) BEFORE repealed by BC Reg 243/2015, effective December 18, 2015.

(3) The person in charge must release an inmate from separate confinement if

(a) the person in charge has requested an examination of the mental condition of an inmate for the purposes of the Mental Health Act, and

(b) within 5 days of the commencement of the separate confinement, the person in charge has not authorized the transfer of the inmate or caused the inmate to be transported to a Provincial mental health facility.

 Section 17 (1) (a) (v) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(v) must be confined separately for a medical reason,

 Section 18 (1) (a) (i) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(i) the inmate must be released under section 17 (2) or (3), or

 Section 21 (1) (c), (f), (s), (t) and (v) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(c) enter a cell or living unit that is not assigned to the inmate without permission of a staff member,

(f) possess property that is not property of the inmate, without permission of the owner of the property,

(s) give to or accept from another inmate money or other property without permission,

(t) refuse to attend work or a program or leave work or a program without permission or a reasonable excuse,

(v) use a tobacco product without permission,

 Section 21 (1) (v) BEFORE amended by BC Reg 243/2015, effective September 1, 2016.

(v) use a tobacco product without the permission of a staff member,

 Section 25 (1) and (3) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(1) Subject to subsection (2), a disciplinary hearing must be presided over by

(a) a staff member appointed by the person in charge, or

(b) a person appointed by the assistant deputy minister.

(3) A person appointed under subsection (1) (b) who is not an employee under the Public Service Act may be paid the amount set by Treasury Board Directive 3/04 for a Tribunal Group 1 member.

 Section 25 (2) BEFORE repealed by BC Reg 124/2020, effective June 8, 2020.

(2) The staff member who filed the allegation, witnessed the alleged breach of a rule referred to in section 21 (1) or (2) or who was otherwise involved in circumstances leading to the filing of the report referred to in section 22 (2) must not be appointed to preside over the disciplinary hearing.

 Section 26 (5) was added by BC Reg 124/2020, effective June 8, 2020.

 Section 27 (4) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(4) On application or on his or her own motion, the person presiding over a disciplinary hearing may reduce or suspend all or part of a penalty imposed under subsection (1), with or without conditions, for a period not longer than 90 days.

 Section 27 (1) (d) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(d) subject to subsections (2) and (3), confinement in a cell in the segregation unit for a period not longer than 30 days;

 Section 27 (2) BEFORE repealed by BC Reg 124/2020, effective June 8, 2020.

(2) A penalty under subsection (1) (d) for the breach of a rule or for assisting or attempting to assist a breach of a rule

(a) referred to in section 21 (1) (a) to (v) must not exceed 15 days, and

(b) referred to in section 21 (1) (w) to (z.2) must not exceed 30 days.

 Section 27 (3) (a) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(a) while the inmate is confined to a cell in the segregation unit under subsection (1) (d) for one or more previous breaches, the order must specify whether the penalties are to be served concurrently or consecutively and if the penalties are to be served consecutively, the total period of segregation imposed must not exceed 45 days, or

 Section 27 (5) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(5) If an inmate applies to the person who presided over a disciplinary hearing for a reduction or suspension of the penalty imposed, the person who presided over the disciplinary hearing or, if that person is not available, the person in charge must make a decision within 14 days of the receipt of the application and advise the inmate of the decision, the reasons and any conditions in writing.

 Section 29 (4) (c) (ii) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(ii) direct that a new disciplinary hearing be convened and presided over by a person appointed by the assistant deputy minister.

 Section 29 (5) (a) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(a) the assistant deputy minister must, as soon as practicable, appoint a person, who has had no previous involvement with the allegation against the inmate, to rehear the allegation,

 Section 31 (1) (g) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.

(g) the Ombudsman.

 Section 36 BEFORE amended by BC Reg 219/2018, effective November 13, 2018.

36   Unclaimed property abandoned by an inmate at a correctional centre on his or her release, transfer or escape from the correctional centre and not claimed by the inmate within 3 months from the date of the release, transfer or escape is forfeited to the government.

 Section 38 (3) (c) BEFORE amended by BC Reg 124/2020, effective June 8, 2020.

(c) the program conflicts with a recognized day of religious observance of the religious faith that the inmate practices, or

 Section 39 BEFORE re-enacted by BC Reg 178/2017, effective October 1, 2017.

Medical services

39   (1) After admission to a correctional centre, an inmate must be examined by a health care professional who must prepare a written report on the inmate's

(a) state of health, and

(b) suitability for work, training and recreation programs.

(2) If a health care professional determines that an inmate is not medically fit for transfer to another correctional centre, the inmate must not be transferred.

(3) If a health care professional is of the opinion that, at the time of an inmate's release from custody, the inmate suffers from an acute or dangerous illness, the person in charge must be reasonably satisfied that a treatment plan is in place in the community.