Section 1 definition of "Ombudsman" BEFORE repealed by BC Reg 243/2015, effective December 18, 2015.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:
(c) a registered psychologist;
(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;
Section 1 definition of "Provincial Health Services Authority" was added by BC Reg 178/2017, effective October 1, 2017.
Section 1 definition of "assistant deputy minister" BEFORE amended by BC Reg 320/2021, effective January 1, 2022.
"assistant deputy minister" means the assistant deputy minister of the Corrections Branch of the government;
Section 1 definitions of "BC Corrections" and "quarantine unit" were added by BC Reg 320/2021, effective January 1, 2022.
Section 1 definition of "Ombudsperson" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
"Ombudsperson" means the Ombudsperson appointed under the Ombudsperson Act or a person to whom the Ombudsperson has delegated any of his or her powers or duties under section 30 of that Act;
Section 1 definition of "person in charge" BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
"person in charge" means the person in charge of a correctional centre;
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 2 (2) (a) and (b) BEFORE amended by BC Reg 320/2021, effective January 1, 2022.
(a) the person in charge believes on reasonable grounds that one or more of the privileges referred to in subsection (1) cannot be given to the inmate because it may endanger the inmate or another person, or
(b) the inmate is confined separately from other inmates under section 17, 18 or 19 or confined in a cell in the segregation unit under section 24 or 27 (1) (d) and one or more of the privileges cannot reasonably be given to the inmate, having regard to the limitations of the area in which the inmate is confined and the necessity for the safe and effective operation of that area.
Section 2 (2) (a) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(a) the person in charge believes on reasonable grounds that one or more of the items or services referred to in subsection (1) cannot be given to the inmate because it may endanger the inmate or another person, or
Section 3 (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(b) gives his or her consent before being assigned to a work program.
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 5 (1) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) The person in charge must give an inmate reasonable access to the following:
Section 7 BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
Travel warrant on discharge
7 On discharge of an inmate, the person in charge must provide a travel warrant to enable the inmate to return to the place in the province where the inmate was convicted or to another place in the province that the person in charge considers reasonable in the circumstances.
Section 7.1 was added by BC Reg 34/2023, effective February 13, 2023.
Section 8 (2) (b) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(b) provide the following information about himself or herself as follows:
Section 8 (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(3) An inmate must retain and wear a personal identification device as directed by the person in charge and produce it when directed to do so by a staff member.Section 9 (6) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(6) The provincial director may at any time revoke his or her approval under subsection (4).
Section 9 (5) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(5) A person in charge who authorizes the use of a physical restraint device under subsection (4) must review the condition of the inmate with the provincial director every 12 hours following the approval of the provincial director while the physical restraint device is being used.
Section 10 (1) definition of "screening search" BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
"screening search" means a search by an authorized person of a clothed person and any personal possessions, including clothing, that the person may be carrying or wearing, that is conducted visually or with the use of a screening device, including a drug detection dog, ion spectrometry device, CO2 detector, walk-through or hand-held metal detector or other screening device that is approved by the person in charge.
Section 11 (1) (a) (iv) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(iv) the person running his or her fingers through his or her hair;
Section 11 (4) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(4) The authorized person referred to in subsection (3) (a) must be the same gender as the person who is the subject of a strip search unless the person in charge believes on reasonable grounds that the delay that would be necessary in order to comply with this requirement would result in danger to human life or safety.
Section 12 (2) (c) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(c) obtain the authorization of the person in charge or a deputy or assistant deputy of the person in charge, unless the authorized person believes on reasonable grounds that the delay that would be necessary in order to comply with this requirement would result in danger to human life or safety or in loss or destruction of evidence.
Section 12 (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(3) The person in charge must, before giving the authorization referred to in subsection (2) (c), be satisfied that a strip search is necessary in the circumstances.
Section 13 (f) BEFORE amended by BC Reg 243/2015, effective December 18, 2015.
Section 13 (i) was added by BC Reg 243/2015, effective December 18, 2015.
Section 13 (h) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(h) the inmate's lawyer, or a lawyer from a jurisdiction other than British Columbia who is able to satisfy the person in charge that he or she is qualified to practise law in that jurisdiction and is a lawyer representing the inmate in respect of a legal matter in that jurisdiction;
Section 16 (1) (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(b) the inmate must wash his or her hands before providing a sample;
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) (i) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(i) is endangering himself or herself or is likely to endanger himself or herself,
Section 17 (1), (2) and (4) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) The person in charge may order that an inmate be confined separately from other inmates if
(2) Subject to 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.
(4) The person in charge must, within 24 hours of making an order under subsection (1) to confine an inmate separately from other inmates, give the inmate the reason for the confinement under subsection (1) in writing.
Section 17 (1) (a) and (c) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(a) the person in charge believes on reasonable grounds that the inmate
(c) the person in charge has reasonable grounds to believe that the inmate has contraband hidden in the inmate's body.
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 18 (4) (a), (b) and (c) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) confirm his or her decision,
(b) vary his or her decision, or
(c) rescind his or her decision.
Section 18 (5) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(5) If the person in charge confirms, varies or rescinds his or her decision under subsection (4), the person in charge must notify the inmate and give written reasons to the inmate.
Section 18 (1) (part), (2), (3) (part), (4) (part) and (5) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) If an inmate is ordered to be confined separately under section 17 (1) (a), the person in charge may decide to extend the order for one or more periods of not longer than 15 days each, provided that the person in charge
(2) An extension under subsection (1) begins on the day after the person in charge makes the decision to extend.
(3) The person in charge must, within 24 hours of making a decision to extend an order to confine an inmate separately from other inmates,
(4) After considering the submissions made by the inmate under subsection (3) (b), the person in charge may, within a reasonable period of time,
(5) If the person in charge confirms, varies or rescinds a decision under subsection (4), the person in charge must notify the inmate and give written reasons to the inmate.
Section 19 (1), (2) and (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) If the person in charge and an inmate agree that the inmate would be at risk of serious harm or is likely to be at risk of serious harm if not confined separately, the person in charge and the inmate may agree that the inmate be confined separately from other inmates.
(2) The person in charge must confirm the agreement under subsection (1) to the inmate in writing.
(3) If the person in charge and an inmate are in agreement in accordance with subsection (1), the inmate may be confined separately from other inmates and may at any time request in writing that the person in charge review the separate confinement.
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,
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 21 (1) (l), (m), (o) and (u) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(l) take an intoxicant into his or her body,
(m) tattoo or pierce his or her body,
(o) obstruct a staff member in the execution of his or her duties,
Section 22 (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(3) On receipt of the report referred to in subsection (2), the person in charge must determine whether to order that a disciplinary hearing be convened.
Section 24 (1) (a) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) the inmate is likely to endanger himself or herself or another person if housed in a cell outside of the segregation unit,
Section 24 (1) (part), (2) and (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) The person in charge may order that an inmate be confined in a cell in the segregation unit pending the conclusion of a disciplinary hearing if the person in charge believes on reasonable grounds that
(2) An order made under subsection (1) must be reviewed by the person in charge within 24 hours of being made and at least every 24 hours until the inmate is released from confinement.
(3) If, on a review under subsection (2), the person in charge determines that the circumstances referred to in subsection (1) no longer exist, the person in charge must release the inmate from confinement in a cell in the segregation unit.
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 (2) (c) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(c) if, in the opinion of the person in charge, acting reasonably, the inmate's behaviour prior to the hearing is so disruptive that the inmate cannot safely be escorted to the hearing.
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 27 (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(4) On application or on his or her own motion, the person who presided 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 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 30 (1) and (2) (part) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) A visitor must not enter a correctional centre unless authorized by the person in charge.
(2) If, in the opinion of the person in charge, acting reasonably, it is necessary for the management, operation or security of the correctional centre, the person in charge may do one or more of the following:
Section 30 (2) (a) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(a) order the removal of a visitor from the correctional centre or from a part of the correctional centre;
Section 30 (2.1) was added by BC Reg 34/2023, effective February 13, 2023.
Section 31 (1) (e) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(e) a lawyer from a jurisdiction other than British Columbia who is able to satisfy the person in charge that the lawyer is qualified to practise law and is a lawyer representing the inmate in respect of a criminal charge against the inmate;
Section 31 (2) and (4) (part) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(2) A person in charge must ensure that a visit by a visitor referred to in subsection (1) can be held in private.
(4) The person in charge may authorize the refusal, suspension or termination of a visit by a visitor referred to in subsection (1), but only if the person in charge believes on reasonable grounds that
Section 33 (2) (a) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) review the running record and appraisals of an inmate's performance since his or her last earned remission credit, and
Section 33 (1) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) The person in charge must appoint one or more staff members to be remission awards assessors for the correctional centre.
Section 34 (1) (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(b) for an inmate about to be discharged, at the time of discharge for the days served since his or her last earned remission credit,
Section 35 (2) and (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) An inmate who is not satisfied with his or her earned remission credit may, within 7 days of receipt of notification of the credit, apply in writing to the person in charge for a review of the decision of the remission awards assessor or panel of remission awards assessors.
(4) The person in charge must notify the inmate and the remission awards assessor of his or her decision under subsection (3) as soon as practicable and give the reason in writing.
Section 36 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Forfeiture of unclaimed property
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 30 days from the date of the release, transfer or escape is forfeited to the government.
[am. B.C. Reg. 219/2018.]
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 38 (3) (d) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(d) the program is a work program and the inmate has not given his or her consent under section 3 (b).
Section 38 (1), (2) (part) and (3) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) The person in charge must establish programs for inmates, including religious and recreation programs.
(4) The person in charge may authorize the refusal, suspension or termination of a visit by a visitor referred to in subsection (1), but only if the person in charge believes on reasonable grounds that
(3) An inmate must participate in programs as directed by the person in charge unless
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
(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.
Section 39 (1), (3) and (4) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(1) For the purposes of this regulation, the person in charge must review the following information any time it is provided by a health care professional:
(3) When an inmate is to be released from custody, the person in charge must consult a health care professional about the inmate's state of health.
(4) If the health care professional consulted under subsection (3) advises the person in charge that the inmate suffers from an acute or dangerous illness, the person in charge must take reasonable steps to facilitate the inmate's access to treatment, if any, available in the community at the time of release.
Section 39 (2) (a) and (b) BEFORE amended by BC Reg 34/2023, effective February 13, 2023.
(a) the person in charge first consults a health care professional about the inmate's medical fitness for transfer, and
(b) the health care professional advises the person in charge that the inmate is medically fit for transfer.