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Correctional Services Regulations

made under

Section 94 of the

Correctional Services Act

S.N.S. 2005, c. 37

O.I.C. 2006-317 (June 28, 2006), N.S. Reg. 99/2006

as amended to O.I.C. 2017-266 (October 31, 2017), N.S. Reg. 160/2017

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Prescribed committal orders

Compassionate Allowance

Application for compassionate allowance

Payment of compassionate allowance

Personnel

Criminal and background checks for prospective employees

Certification for prospective employees

Scope of employees’ responsibilities

Employee must notify Executive Director of arrest

Screening personnel for intoxicants

Inspectors’ qualifications

Confidentiality

Oath of office for employees

Code of Professional Conduct for Employees

Code of Professional Conduct established

Responsibly performing duties

Conduct and deportment

Positive work environment

Relationships with offenders

Conflict of interest

Public comments and activities

Consequences of non-compliance with Code

Weapons and Security Equipment

Restricted or prohibited weapon in correctional facility

Restricted or prohibited weapon in Correctional Services Division office

Security equipment for use to control offenders in custody

Security equipment for use by probation officers

Complaints

Designated employee for complaints

Acknowledging complaint

Investigating complaint

When complaint not required to be investigated

Deadline for resolving or referring complaint

Complaint appeal process

Community Corrections

Community corrections admission procedures

Conditions for community supervision

Access to Correctional Facilities

Search warning must be posted at entrance

Mobile communication devices and computers

Operating vehicle at correctional facility

Times for visits

Visitor identification

Visit must be supervised

Superintendent may deny or suspend visiting privileges

Prohibited visitor activities

Prohibited visitors

Regulations and rules for visits must be posted

Admission to Correctional Facility

No admission to correctional facility without committal order

Correctional facility admission procedures

Offender’s Money and Property

Documenting and securing offender’s money and property

Offender must not possess money

Superintendent must establish account for offender

Money credited to offender’s account

Transactions to and from offender’s account

Offender’s property in safekeeping

Restrictions on offender property

Administering deceased offender’s money and property

Offender’s Entitlements

Clothing and amenities

Meals

Exercise

Library

Request to see superintendent

Communications and Correspondence

"Communications" defined for Sections 59 and 60

Exemptions to restricting, intercepting, monitoring and recording communications

When superintendent may restrict, intercept, monitor or record communications

Certain correspondence exempt from inspection

Superintendent may prohibit possession of certain publications

Searches

Authorized employee for searches

Circumstances for routine searches

Manner of conducting searches

Types of searches

If offender’s property seized or damaged in search

Conducting and observing strip search

Record of search

Seizing and Disposing of Contraband

Temporary restriction of offender believed to be carrying contraband

Disposing of contraband

Disposing of contraband if lawful outside correctional facility

Return of seized object or substance that is not contraband

Forfeit of seized object or substance

Supervising Offenders in Custody

Male employees in female offender units

Male employees escorting female offenders

Interviewing female offenders

Video surveillance tapes of female offenders

Screening offenders in custody for intoxicants

Conditions for confinement of offenders in custody

Review of close confinement

Privileges in close confinement

Employee must report use of force

Serious illness of an offender in correctional facility

Death of an offender in correctional facility

Disciplinary Rules and Procedures

Prescribed purposes for disciplinary rules and procedures

Disciplinary rules established by superintendent

Notice of disciplinary rules and procedures

Temporary Measures, Incident Report, Investigation and Disciplinary Report

Employee’s actions on ascertaining disciplinary offence

Supervisor may revoke or vary temporary measure imposed by employee

Investigation into alleged breach of rule

Copy of discipline offence report to offender

Hearings and Penalties

When superintendent may consult with police

Penalty whether or not subject of court proceeding

Disciplinary hearing procedure

Disciplinary hearing in absence of offender

Imposing penalty

Notification of decision

When penalty enforceable

Review of penalty by superintendent

Appeal to Executive Director of superintendent’s decision

Conditional Release

Designated employee for authorizing conditional releases

Application for conditional release

Maximum time period for conditional release

Amounts charged to offenders on conditional release

Conditional release certificate

Screening offender on conditional release for intoxicants

Suspension of conditional release

Procedure for appealing conditional release decision

Death of offender on conditional release

Discharge and Release

Offender kept in correctional facility after sentence expires

Ex-offender not treated as offender

Returning offender’s money and property on discharge

Disposing of unclaimed money and property

Transportation and clothing for offender on discharge

Citation

1 These regulations may be cited as the Correctional Services Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Correctional Services Act ;

(b) “complaint” means a written complaint made by an offender under subsection

24(2) of the Act;

(c) “disciplinary report” means a report completed by an employee under

Section

88 about an offender who has breached a rule;

(d) “penalty” means a penalty imposed on an offender by a superintendent under

Section 70 of the Act for breach of a rule;

(e) “seized” means seized by an authorized employee in accordance with

Section

65 of the Act;

(f) “superintendent” means a superintendent as defined in clause 2(ae) of the Act,

and

(

i) in relation to an offender, means the superintendent of the correctional

facility in which the offender is in custody,

(ii) in relation to an employee or a volunteer, means the superintendent of

the correctional facility in which the employee works or the volunteer

volunteers,

(iii) in relation to a correctional facility, means the superintendent of that

correctional facility.

Prescribed committal orders

2A An immigration detention order is prescribed as an order to be included within the

definition of “committal order” in the Act.

Section 2A added: O.I.C. 2016-33, N.S. Reg. 24/2016.

Compassionate Allowance

Application for compassionate allowance

3 A person who seeks a compassionate allowance under

Section 9 of the Act must apply in

writing to the Minister and must provide the Minister with all of the following:

(

a) proof to the Minister’s satisfaction of injury or damage;

(

b) documentation that the Minister considers sufficient to justify the amount of

compassionate allowance sought;

(

c) a release of the person’s legal claims to a remedy for injury or damage.

Payment of compassionate allowance

4 A compassionate allowance may be paid in money, in kind or in services.

Personnel

Criminal and background checks for prospective employees

(1) A prospective employee must consent to criminal and background checks, including

testing and interviews.

(2) A person must not be appointed as an employee in any of the following

circumstances:

(

a) if criminal and background checks show that the person has been convicted of

any criminal offence for which they have not received a pardon that remains in

effect;

(

b) if criminal charges are pending against the person;

(

c) if the person’s employment duties would include working with persons under

the age of 18 and the person is registered with the Child Abuse Registry.

Certification for prospective employees

(1) Each prospective employee must hold valid first aid and cardiopulmonary

resuscitation certificates before beginning employment, if on employment their

position would be in a class designated by the Executive Director as requiring those

certificates.

(2) Each prospective employee must hold a valid driver’s license before beginning

employment, if on employment their position would be in a class designated by the

Executive Director as requiring a driver’s license.

Scope of employees’ responsibilities

(1) An employee is responsible for the delivery of any correctional services that

(

a) are assigned to the employee in accordance with policies and procedures,

standard operating procedures or post orders; or

(

b) they are directed by their supervisor to deliver.

(2) An employee must be able and willing to perform duties outside the regular scope of

their employment if required in an emergency.

Employee must notify Executive Director of arrest

8 An employee who is questioned or charged by the police in connection with alleged

criminal activity on the employee’s part must notify the Executive Director no later than 72

hours after the time of either of the following occurrences:

(

a) the questioning or being charged by the police;

(

b) the decision in any criminal proceedings against them.

Screening personnel for intoxicants

9 If the Executive Director subjects an employee or volunteer to an intoxicant screening test

in accordance with

Section 90 of the Act, the Executive Director must

(

a) inform the employee or volunteer of the reason for and the consequences of the

test, including the consequences of failure to comply with the testing

procedure; and

(

b) forward each sample submitted for intoxicant screening to an authorized

testing facility for testing.

Section 9 amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

Inspectors’ qualifications

10 Before designating a person or a class of persons as an inspector under

Section 20 of the

Act, the Minister must be satisfied that the person or each member of the class of persons

has the appropriate qualifications to carry out the duties of an inspector.

Confidentiality

11 Each employee and volunteer and each person making an inspection, investigation or

inquiry under the Act or these regulations must keep confidential all matters that come to

their knowledge in the course of their duties and, except as may be permitted by law or

with the permission of the Executive Director, must

(

a) not communicate any information about the workplace or about an offender,

unless communicating the information is required in the course of their duties;

(

b) not communicate with or provide information to agents of the news media

about policies, incidents or other circumstances relating to functions performed

by the Correctional Services Division without authorization from the Executive

Director;

Clause 11(

b) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

c) properly safeguard all documents, reports, directives, manuals and any other

written material published, distributed or circulated by the Correctional

Services Division;

(

d) not remove any original or copy of a ledger, journal, report or record from a

Correctional Services Division office or correctional facility;

(

e) disclose confidential information only if obligated to disclose it, and only in

accordance with policies and procedures;

(

f) not use confidential information obtained in the course of duty for actual or

anticipated gain;

(

g) not write a letter for, make a telephone call for or in any other manner relay or

convey a written or verbal message to or from an offender who is in custody in

a correctional facility, except as necessary to convey a message to another

person on behalf of an offender who is unable to do so because of illness or

other reason and as approved by the superintendent.

Section 11 amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

Oath of office for employees

12 An employee must make the following oath or affirmation before assuming their duties:

I, ____________________ , of _____________________, Nova Scotia, make oath and

say that I will well and truly serve our Sovereign Lady the Queen as a/an (insert position

title) , and I will fairly and conscientiously discharge my duties under the law and will hold

confidential all information coming into my knowledge or possession except as may be

permitted by law.

Sworn to/Affirmed at ______________,

Province of Nova Scotia, on

________________, 2____,

before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

) __________________________

Code of Professional Conduct for Employees

Code of Professional Conduct established

13 The Code of Professional Conduct for employees is established as Sections 14 to 20.

Responsibly performing duties

14 An employee must perform their duties responsibly and do all of the following:

(

a) ensure that a statement or record of attendance or the performance of a duty is

accurate before signing it;

(

b) be punctual and remain at their assigned workplace or post unless authorized to

leave;

Clause 14(

b) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

c) co-operate with any investigation that is conducted or authorized by

supervisory staff or that is conducted in accordance with

Section 21 of the Act;

(

d) obey lawful instructions that are written or otherwise issued by supervisory

staff;

(

e) make reasonable efforts to avoid and prevent unjustified waste, loss or damage

to any property in their professional care;

(

f) not take or borrow for personal use any stores or supplies purchased by or

supplied to the Correctional Services Division;

Clause 14(

f) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

g) if a supervisor, take appropriate action when an employee acts contrary to the

Code of Professional Conduct;

(

h) report to their supervisor any contraband seized in accordance with

Section 65

of the Act and Sections 69 to 73;

(

i) restrict the use of force to that which is reasonable and necessary to carry out

their duties, in accordance with

Section 43 of the Act;

(

j) take appropriate action, including the use of force in accordance with

Section

43 of the Act, if an offender does any of the following:

(

i) escapes or attempts to escape,

(ii) assaults an employee, another offender or a member of the public,

(iii) engages in any action likely to endanger life or property;

(

k) adhere to established safety practices;

(

l) promptly report a work accident;

(

m) act carefully while on duty to prevent risk or harm to any person;

(

n) properly account for and safeguard any public money or property or any

money or property of any other person that comes into their possession in the

course of their duties.

Conduct and deportment

15 An employee must demonstrate professional conduct and deportment and do all of the

following:

(

a) display a professional appearance and deportment while on duty or while in

uniform;

(

b) if the employee must maintain a valid driver’s licence as a requirement of

employment, notify their supervisor if their driver’s licence has been or will be

cancelled, suspended or removed;

(

c) not consume or bring an intoxicant at or to the workplace;

(

d) while on duty, be unimpaired by an intoxicant, which includes not displaying

any indication of the prior consumption of an intoxicant;

(

e) if the employee is on prescribed medication that may impede performance of

their normal duties, advise their supervisor before assuming their duties;

(

f) not use indecent or profane language while on duty;

(

g) treat the public, other employees and offenders with respect, dignity and

courtesy within the work environment and in circumstances related to the

employee’s duties;

(

h) if the employee’s duties require constant vigilance, not read, watch televison,

play games or engage in any other attention-diverting activity that could detract

from their ability to exercise vigilance;

(

i) not sleep while on duty or be so positioned as to give the appearance of

sleeping;

(

j) ensure that their uniform is neat and in good repair;

(

k) wear the required uniform or otherwise meet dress code requirements while on

duty, unless otherwise instructed by their supervisor;

(

l) not wear a uniform or any part of a uniform outside of working hours, except

as provided for in policies and procedures or with the specific consent of the

superintendent;

(

m) not alter their uniform in any manner, except for alterations to accommodate

size requirements;

(

n) return their uniform and professional identification material when they cease to

be employed by the Correctional Services Division.

Positive work environment

(1) For the purposes of this Section,

(a) “discrimination” means any actions or words directed toward an individual that

cause an uncomfortable atmosphere in the work environment or result in

unequal and usually less favourable treatment of the individual, including

unequal treatment regarding any of the following:

(

i) race,

(ii) ancestry,

(iii) place of origin,

(iv) colour,

(

v) ethnic origin,

(vi) citizenship,

(vii) creed or religion,

(viii) gender or gender identity,

Subclause 16(1)(a)(viii) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

(ix) political belief,

(

x) medical condition, including pregnancy,

(xi) source of income,

(xii) sexual orientation,

(xiii) age,

(xiv) record of offences,

(xv) marital or family status,

(xvi) disability;

(b) “harassment” means a form of coercive discrimination that may be verbal,

physical or sexual and may be deliberate or unintended, and that consists of

persistent and repeated conduct or comments that should reasonably be known

to be unwelcome by the recipient or others in the work environment.

(2) An employee must contribute to a positive work environment and do all of the

following:

(

a) treat the public, other employees and offenders with respect, dignity and

courtesy within the work environment and in circumstances related to the

employee’s duties;

(

b) not use indecent or profane language, make offensive remarks or engage in

offensive behavior;

(

c) respect other peoples’ different cultural or religious beliefs and practices;

(

d) not engage in any form of harassment or discrimination;

(

e) speak up against discrimination and harassment in the work environment;

(

f) facilitate and support the work of other employees while on duty or in

circumstances related to their duties.

Relationships with offenders

17 An employee must maintain proper relationships with offenders and do all of the

following:

(

a) treat offenders and their families fairly and with courtesy, respect, and honesty

while on duty or in circumstances related to their duties;

(

b) not engage in any type of personal, intimate, professional or business

relationship with an offender, ex-offender or any person that could compromise

the employee’s integrity with the Correctional Services Division, endanger the

Division’s operation or bring the administration of the justice system into

disrepute;

Clause 17(

b) replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

c) not hire an offender to perform any work or provide any service without first

obtaining the written permission of the employee’s supervisor;

(

d) report to their supervisor any mistreatment of an offender by another employee

or another offender;

(

e) not provide legal advice to an offender or an offender’s family or associates;

(

f) not perform a personal favour for an offender if it involves engaging in an

activity that is beyond the normal scope of the employee’s duties or violates

the rules.

Conflict of interest

(1) An employee must avoid a conflict of interest and do all of the following:

(

a) arrange their private interests to prevent a conflict of interest;

(

b) disclose any potential conflict of interest to their supervisor and comply with

the supervisor’s decision with respect to declaring the potential conflict of

interest;

(

c) not work for any employer other than the Correctional Services Division, if the

work for the other employer would

(

i) give rise to a conflict of interest or to a situation that would appear to be

a conflict to an informed, objective observer,

(ii) be likely to bring the government, the Department of Justice, or the

Correctional Services Division into disrepute,

(iii) be conducted during the employee’s normal working hours in any

location, unless sufficient time for the other work could be taken either at

the beginning or end of the normal working hours and the employee can

ensure that the other employer is aware that the work will be conducted

in accordance with this policy,

(iv) conflict with the employee’s duties;

(

d) not work for any employer other than the Correctional Services Division while

on general or short-term illness leave;

(

e) not solicit or accept, directly or indirectly, a fee, gift or benefit from a person or

an organization who has dealings with government, if the fee, gift or benefit

could influence the performance of the employee’s duties;

(

f) not solicit or accept fees, gifts or other benefits that are connected with the

performance of their duties in circumstances other than

(

i) the normal exchange of gifts between friends,

(ii) the normal exchange of hospitality between persons doing business

together,

(iii) the exchange of tokens for reasons of protocol, or

(iv) the normal presentation of gifts to persons participating in public

functions;

(

g) obtain authorization from the Executive Director before trading in intellectual

property that has been developed by employees for use within the

[Correctional Services] Division;

(

h) obtain authorization from their supervisor before using and reimburse the

government after using government equipment, including photocopiers, fax

machines, cellular phones, personal digital assistants, computers and other

communication devices, including 2-way radios and pagers, for personal use;

(

i) not engage in activities that detract from performance of their duties, such as

extended personal visits during hours of duty, leaving the workplace to engage

in personal errands, or engaging in lengthy personal telephone calls;

(

j) not use their professional position, title or authority for personal advantage in

dealing with others;

(

k) adhere to restrictions that are required by Provincial government policies

governing the involvement of public employees in political activities;

(

l) benefit from government programs, services, and initiatives only to the extent

that a member of the public could benefit from them;

(

m) benefit from information that is obtained in the course of their employment

only to the extent that a member of the public could benefit from it;

(

n) not benefit from or permit the use of government property, including property

leased to the government, or government services for anything other than the

performance of official duties and functions, except to the extent that a

member of the public could use or benefit from them;

(

o) if the employee’s spouse or dependent child has a contract or agreement with

the Provincial government or with any minister or department of the

Provincial government, disclose the existence of the contract to the employee’s

supervisor, unless the contract was awarded through public tender.

(2) Any doubt about whether an employee is involved in a conflict of interest must be

resolved in favour of the public interest.

Public comments and activities

(1) An employee who is a union member, union steward, executive member of a union

or union official may make public comments about

(

a) collective bargaining matters;

(

b) administrative or implementation practices relating directly to specific articles

of the applicable collective agreement.

(2) An employee who is a union member, union steward, executive member of a union

or union official must not engage in union activity while on duty, unless the activity

is authorized by management, the applicable collective agreement or policies and

procedures.

(3) An employee, including an employee who is a union member, union steward,

executive member of a union or union official, must not make public comments that

are knowingly reckless, false or malicious or that may jeopardize the safety or

security of the public, employees or offenders.

Consequences of non-compliance with Code

(1) An employee who does not comply with the Code of Professional Conduct may be

subjected to disciplinary action by the employer, up to and including dismissal.

(2) Any disciplinary action by the employer must be exercised reasonably and with

consideration of all relevant circumstances.

Weapons and Security Equipment

Restricted or prohibited weapon in correctional facility

(1) Except as provided in subsection (2), a peace officer who is not a Correctional

Services Division employee and who carries a restricted or prohibited weapon,

including a firearm, in the course of their regular duties may carry the weapon into a

correctional facility, but the peace officer must unload and secure the weapon in a

designated location in the correctional facility.

(2) In an emergency, as defined in subsection 7(1) of the Act, a superintendent may

determine that subsection (1) does not apply.

Restricted or prohibited weapon in Correctional Services Division office

22 A peace officer who carries a restricted or prohibited weapon, including a firearm, in the

course of their regular duties may carry the weapon into a Correctional Services Division

office.

Security equipment for use to control offenders in custody

23 The following security equipment is approved for use to control offenders in custody for

the purposes set out in

Section 43 of the Act:

(

a) handcuffs;

(

b) flexcuffs;

(

c) leg restraints;

(

d) waist restraints;

(

e) bed restraints;

(

f) helmets;

(

g) shields;

(

h) mattresses;

Clause 23(

i) repealed: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

j) restraint chairs.

Security equipment for use by probation officers

24 The following security equipment is approved for use by probation officers for the

purposes set out in

Section 43 of the Act:

(

a) handcuffs;

(

b) flexcuffs.

Complaints

Designated employee for complaints

25 In Sections 26 to 28, “designated employee” means an employee or a member of a class of

employees designated by the Minister under subsection 24(1) of the Act to receive and

respond to a complaint.

Acknowledging complaint

26 A designated employee who receives a complaint must acknowledge the complaint in

writing no later than 5 business days after the date it is received.

Investigating complaint

(1) Except as provided in

Section 28, a designated employee who receives a complaint

must investigate the complaint and, as soon as practicable after investigating the

complaint, must

(

a) take whatever steps the designated employee considers appropriate to resolve

the complaint; or

(

b) refer the matter for investigation by another employee or an outside agency.

(2) As soon as practicable after investigating a complaint, a designated employee must

advise the complainant of the action taken under subsection (1).

When complaint not required to be investigated

(1) A designated employee who receives a complaint may decide not to investigate the

complaint if the designated employee is satisfied that

(

a) the complaint is trivial, is not made in good faith or is frivolous or vexatious;

(

b) the circumstances of the complaint do not require investigation; or

(

c) the offender made no effort to resolve the matter before making the complaint.

(2) A designated employee who decides not to investigate a complaint in circumstances

described in clause (1)(

c) must refer the matter

(

a) back to the complainant to attempt to resolve the matter themselves; or

(

b) to another employee to attempt to resolve the matter with the complainant.

Deadline for resolving or referring complaint

29 A complaint must be answered or referred to the appropriate party no later than 10

business days after the date the complaint was received.

Complaint appeal process

(1) An appeal under subsection 24(4) of the Act by a complainant who is not satisfied

with the response to their complaint must be in writing and must state the reasons for

the appeal.

(2) A complainant’s appeal must be forwarded to the Executive Director no later than

10 business days after the date the complainant receives the response to their

complaint.

(3) No later than 10 business days after the date the Executive Director receives an

offender’s appeal of a response to a complaint, the Executive Director must notify

the offender and the superintendent of the decision in the matter.

Community Corrections

Community corrections admission procedures

(1) On admission to supervision by community corrections, an offender must be

photographed or video-recorded.

(2) The following interviews and assessments must be conducted for each offender on

their admission to supervision by community corrections:

(

a) an intake interview;

(

b) risk and needs, classification and security assessments;

(

c) any additional interviews or assessments required for the administration of the

Act.

(3) Identification procedures, interviews and assessments required by this

Section must

be conducted in accordance with policies and procedures.

Conditions for community supervision

32 A probation officer may require an offender who is under community supervision to

submit to any assessments and supervision conditions that the probation officer considers

necessary to ensure safe and effective supervision in the community.

Section 33 repealed: O.I.C. 2016-33, N.S. Reg. 24/2016.

Access to Correctional Facilities

Search warning must be posted at entrance

34 A warning must be posted at each entrance to a correctional facility stating that all persons

and vehicles entering the grounds are subject to being searched in accordance with the

regulations and policies and procedures.

Mobile communication devices and computers

35 A superintendent may restrict the presence or use of cellular phones, personal digital

assistants, computers and other communication devices, including 2-way radios and

pagers, in a correctional facility.

Operating vehicle at correctional facility

(1) Subject to subsections (2) and (3), a superintendent must direct the operation and

parking of vehicles at a correctional facility.

(2) An unattended vehicle at a correctional facility must be kept locked.

(3) A vehicle parked at a correctional facility may be ticketed and towed at the owner’s

expense in accordance with any applicable municipal by-law.

Times for visits

37 A person may visit a correctional facility only during the hours specified in policies and

procedures or at a time that has been prearranged with the superintendent.

Visitor identification

(1) A visitor to a correctional facility must state the nature and purpose of their visit and

present identification satisfactory to the superintendent.

(2) At the request of a superintendent, a visitor to a correctional facility must submit to

having their photograph taken or being video-recorded for the purpose of identifying

visitors to correctional facilities.

(3) A visitor who fails to comply with a superintendent’s request for a photograph must

not be permitted to carry out the intended visit.

Visit must be supervised

39 Each visit to a correctional facility must be conducted under whatever supervision the

superintendent considers appropriate.

Superintendent may deny or suspend visiting privileges

(1) Despite any provision in the Act or these regulations, if a superintendent believes

that a visit is not in the best interest of the offender, the correctional facility or the

visitor, the superintendent may deny the visitor entry to the correctional facility.

(2) Despite any provision in the Act or these regulations, if a superintendent believes

that a state of emergency exists at the correctional facility, the superintendent may

suspend all visiting privileges.

Prohibited visitor activities

41 A visitor to a correctional facility must not do any of the following without the approval of

the superintendent:

(

a) sketch, film, take photographs or make video or audio recordings;

(

b) receive, give, leave, trade or sell any

article to or from an offender.

Prohibited visitors

42 None of the following individuals is permitted to visit an offender or a correctional facility

unless the visit is approved by the superintendent:

(

a) an individual whom the superintendent believes on reasonable grounds to be a

member of a criminal gang;

(

b) an individual who is under a court order of supervision;

(

c) an individual who has been released within the past 365 days from a sentence

of custody;

(

d) an individual whose visit could, in the superintendent’s opinion, jeopardize the

safety of another individual or the security of or maintenance of order in the

correctional facility;

(

e) an individual who is under 19 years of age, unless the individual is

(

i) accompanied by an adult, or

(ii) over the age of 15 years and is the spouse or a child or sibling of the

offender to be visited;

(

f) an individual who demonstrated inappropriate conduct on a previous visit;

(

g) an individual who appears to be under the influence of an intoxicant.

Regulations and rules for visits must be posted

43 Regulations and rules related to visits must be posted in all visiting areas of a correctional

facility.

Admission to Correctional Facility

No admission to correctional facility without committal order

44 A superintendent must ensure that the committal order required by

Section 46 of the Act

for a person being admitted into the correctional facility is scrutinized before the person is

admitted.

Correctional facility admission procedures

(1) In addition to the requirements of

Section 49 of the Act, on admitting an offender to

a correctional facility, an employee must

(

a) photograph or video-record the offender;

(

b) measure the offender’s height and weight; and

(

c) take the offender’s fingerprints, if requested by the superintendent to do so.

(2) The following interviews and assessments must be conducted for each offender on

their admission to a correctional facility:

(

a) an intake interview;

(

b) a health assessment;

(

c) risk and needs, classification and security assessments;

(

d) any additional interviews or assessments that the superintendent requires for

the administration of the Act.

(3) Identification procedures, interviews and assessments required by this

Section must

be conducted in accordance with policies and procedures and, with respect to

identification procedures, in accordance with the Identification of Criminals Act

(Canada).

Offender’s Money and Property

Documenting and securing offender’s money and property

46 Clause 49(

b) of the Act, requiring that an offender’s money and property be documented

and secured on the offenders admission to a correctional facility, also applies on an

offender’s re-admission to the correctional facility.

Offender must not possess money

47 An offender must not possess money while in custody.

Superintendent must establish account for offender

48 A superintendent must, in accordance with policies and procedures, establish and

administer an account for an offender who is in custody in the correctional facility for the

purpose of holding and administering

(

a) any money that the offender has on admission or re-admission to the

correctional facility; or

(

b) any money that the superintendent receives on behalf of the offender.

Money credited to offender’s account

(1) The following funds must be held in accordance with policies and procedures in an

account established for an offender under

Section 48:

(

a) any money taken from the offender for securing on admission or re-admission

to the correctional facility;

(

b) any money that the superintendent receives on behalf of or for the benefit of

the offender in the correctional facility, from a source other than the offender;

(

c) any money the offender earns as an incentive while working or participating in

programs at a correctional facility.

Clause 49(1)(

c) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(2) Money credited to an offender’s account must not be transferred to the credit of

another offender without the written approval of the superintendent.

Transactions to and from offender’s account

(1) While in a correctional facility, an offender may purchase only items approved by

the superintendent.

(2) An offender’s account must be debited to pay for the offender’s purchases.

(3) An offender’s account may be debited to pay fines or restitution imposed by a court

order or restitution imposed as a penalty under

Section 70 of the Act and clause

95(1)(e).

(4) A superintendent may prohibit or limit deposits to or expenditures or withdrawals

from an offender’s account if the superintendent is satisfied that there are reasonable

grounds to do so.

Offender’s property in safekeeping

(1) Subject to subsection (2), a superintendent must ensure that an offender’s property is

held in safekeeping while the offender remains in custody.

(2) A superintendent may allow an offender to keep certain property while in custody, at

the superintendent’s discretion.

Restrictions on offender property

(1) A superintendent may prohibit or restrict the type or amount of property possessed

by, left for or sent to an offender within the correctional facility, if the superintendent

believes on reasonable grounds that the type or amount of property could

(

a) interfere with the normal operation of the correctional facility;

(

b) jeopardize the safety of an individual or the security of or maintenance of order

in the correctional facility; or

(

c) interfere with the administration of, or an offender’s participation in and

compliance with, a program designed to promote the rehabilitation of

offenders and their integration into the community.

(2) An offender must not give property to, take property from or exchange property with

another offender without the superintendent’s authorization.

Administering deceased offender’s money and property

53 On an offender’s death, the superintendent must

(

a) continue to administer money held in the offender’s account at the time of

their death until the money can be turned over to the person who is responsible

for the deceased offender’s estate or to the Public Trustee; and

(

b) ensure that all of the offender’s property is held in safekeeping until the

property can be turned over to the person who is responsible for the deceased’s

estate or to the Public Trustee.

Offender’s Entitlements

Clothing and amenities

(1) An offender must be provided with the toiletry articles prescribed by the policies and

procedures.

(2) Toiletry articles may be offered for sale to offenders by the correctional facility.

(3) An offender in a correctional facility who is not authorized to wear their personal

clothes must be given clean clothes that correspond to their size and are adapted to

the weather, including new underwear sufficient to allow clean underwear on a daily

basis.

(4) An offender must have the opportunity to wash clothes and underwear or to have

them washed at least twice a week.

Meals

55 An offender must have 3 meals on each week day and 2 meals, including a brunch, on

each weekend day and each day on which public offices of the Province are closed.

Exercise

56 A superintendent who denies an offender access to outdoor exercise in accordance with

subsection 57(2) of the Act must advise the offender of the reasons for the denial, and

cause a written report to be prepared detailing the reasons for the denial.

Library

57 An offender who is not being penalized must be allowed library privileges in the

correctional facility at least once a week for the purpose of selecting and exchanging

reading material.

Request to see superintendent

58 A request by an offender in a correctional facility to see the superintendent must be in

writing and must be conveyed to the superintendent by an employee, volunteer or health-services professional in accordance with policies and procedures.

Communications and Correspondence

"Communications" defined for Sections 59 and 60

58A In Sections 59 and 60, “communications” includes telephone, video, and electronic

communication.

Section 58A added: O.I.C. 2016-33, N.S. Reg. 24/2016.

Exemptions to restricting, intercepting, monitoring and recording communications

(1) In addition to the exemption for communications with their lawyer in

Section 55 of

the Act, an offender’s communications with any of the following are exempted from

the superintendent’s power to restrict, intercept, monitor and record offenders’

communications:

(

a) a representative of the Office of the Ombudsman;

(

b) a representative of the Human Rights Commission;

(

c) the Nova Scotia Police Complaints Commissioner;

(

d) the Nova Scotia Civilian Director of the Serious Incident Response Team.

(2) If a communication that is exempted under subsection (1) or

Section 55 of the Act is

inadvertently recorded during repair or maintenance of a communication system or

under any other circumstance,

(

a) the communication must not be monitored; and

(

b) the recording must be destroyed as soon as practicable after the superintendent

of the correctional facility becomes aware that the communication was

recorded.

Section 59 replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

When superintendent may restrict, intercept, monitor or record communications

(1) A superintendent may exercise their power to record an offender’s communications

under

Section 55 of the Act at any time.

(2) Before recording an offender’s communication, a superintendent must give the

offender reasonable notice that the communication may be recorded.

(3) Notice to an offender under subsection (2) may be given by any method that may be

reasonably expected to bring the recording to the offender’s attention before

recording begins, including any of the following means:

(

a) a recorded announcement played at the beginning of the offender’s

communication;

(

b) signage posted near the communication device or equipment.

(4) A superintendent may exercise their power to restrict, intercept or monitor an

offender’s communications under

Section 55 of the Act in any of the following

circumstances:

(

a) the superintendent has reasonable grounds to believe that

(

i) the offender is involved in an illegal activity,

(ii) the offender is harassing, intimidating or causing harm to others,

(iii) the offender is communicating with an individual who is under 19 years

old, and the individual’s parent or guardian does not wish that individual

to receive communications from the offender,

(iv) the communication indicates that the offender may be participating in an

activity that may jeopardize the safety, security or operation of the

correctional facility;

(

b) a court order restricts or prohibits communication between the offender and

another person;

(

c) a person has indicated to the superintendent that they do not wish to receive

communications from the offender;

(

d) the person who is liable for the charges for communications between the

offender and another person has indicated to the superintendent that they do

not wish the communications to take place;

(

e) the communication is prejudicial to the best interests of the person contacted or

to public safety.

(5) If an offender’s communication has been restricted, intercepted or monitored under

subsection (4), a superintendent must inform the offender in writing as soon as

practicable and give the reasons for the restriction, interception or monitoring.

(6) A superintendent may restrict, intercept, monitor or record any communication of an

offender who voluntarily calls into a tip line program established by the

superintendent to receive information on a confidential basis from offenders.

(7) A record of an offender’s communication must not be kept for longer than 90 days

unless there are reasonable grounds to believe that the offender is involved in any of

the following:

(

a) illegal activities;

(

b) harassing or causing harm to others;

(

c) an activity that may jeopardize the safety, security or operation of the

correctional facility.

Section 60 replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

Certain correspondence exempt from inspection

(1) Subject to subsections (2) and (3), in addition to the exemption for privileged

correspondence with their lawyer in

Section 56 of the Act, an offender’s

correspondence with any of the following persons is exempted from the

superintendent’s power to inspect offenders’ correspondence:

(

a) a member of the Legislative Assembly of Nova Scotia;

(

b) a member of the Parliament of Canada;

(

c) the Deputy Minister of the Department of Justice or the Executive Director or

a director of the Correctional Services Division;

(

d) a representative of the Office of the Ombudsman;

(

e) a representative of the Human Rights Commission;

(

f) an inspector designated under the Act;

(

g) the Nova Scotia Police Complaints Commissioner;

Clause 61(1)(

g) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

h) the Nova Scotia Civilian Director of the Serious Incident Response Team.

Clause 61(1)(

h) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(2) If written material from an offender purports to be addressed to a person or office

referred to in

Section 56 of the Act or subsection (1) but is incorrectly addressed, the

superintendent may bring the error to the offender’s attention and, if the offender

does not agree to the correction of the address, the superintendent may open and

inspect the material in the offender’s presence.

(3) If a superintendent reasonably believes that written material purportedly sent to an

offender by a person or office referred to in

Section 56 of the Act or subsection (1) is

not from that person or office, the superintendent may withhold delivery of the

material until satisfied of its authenticity.

Superintendent may prohibit possession of certain publications

62 A superintendent may prohibit an offender from possessing any poster, publication, video

or audio material, film, computer program or other item that the superintendent believes on

reasonable grounds

(

a) creates or could create a hostile environment in the correctional facility or is

otherwise exploitative or discriminatory;

(

b) is child pornography, or is obscene in that its dominant characteristic is the

undue exploitation of sex, or of sex in conjunction with crime, horror, cruelty

or violence;

(

c) promotes gang culture or a gang lifestyle; or

(

d) is offensive or discriminatory.

Searches

Authorized employee for searches

63 In Sections 64, 67 and 68, “authorized employee” means an authorized employee as

defined in

Section 60 of the Act.

Circumstances for routine searches

64 All of the following are prescribed as circumstances in which an authorized employee may

routinely search an offender under

Section 61 of the Act:

(

a) on admission of the offender to a correctional facility,

(

b) on readmission of the offender to a correctional facility;

(

c) on discharge of the offender from a correctional facility;

(

d) during routine searches of a correctional facility that are required for safety and

security purposes.

Section 64 replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

Manner of conducting searches

65 All searches must be conducted in accordance with policies and procedures and approved

training established by the Executive Director.

Types of searches

65A A search of an offender may be conducted using any of the following types of searches:

(

a) a frisk search;

(

b) a pat search;

(

c) a search using an electronic screening device;

(

d) subject to the limitations set out in the Act and these regulations, a strip search.

Section 65A added: O.I.C. 2016-33, N.S. Reg. 24/2016.

If offender’s property seized or damaged in search

66 A superintendent must inform an offender if any of the offender’s property is seized or

damaged as a result of a search conducted without the offender’s knowledge.

Conducting and observing strip search

(1) An authorized employee conducting a strip search must conduct the search in a place

and manner that does not unduly subject the person being searched to

embarrassment or humiliation.

(2) In conducting a strip search, an authorized employee must be observed by another

employee who, if practicable, must be of the same sex as the person being searched.

(3) If it is not practicable for a strip search to be conducted by an authorized employee

under the observation of an employee of the same sex as the person being searched,

an employee of the opposite sex may observe the authorized employee conducting

the search, but only if the observing employee cannot observe the person being

searched.

Record of search

(1) A superintendent must ensure that a written record is made of each strip search of an

offender and each scheduled search of a correctional facility.

(2) A written record of a strip search or correctional facility search must include all of

the following information:

(

a) the place, date and time of the search;

(

b) for a strip search, the name of the offender strip-searched;

(

c) the reason for the search;

(

d) a description of any property seized or damaged in the conduct of the search;

(

e) the name of the authorized employee who conducted the search including, for a

strip search, the employee who observed the authorized employee conducting

the strip search.

Seizing and Disposing of Contraband

Temporary restriction of offender believed to be carrying contraband

69 A superintendent who believes on reasonable grounds that an offender has ingested or is

carrying contraband in a body cavity may temporarily restrict the offender in a manner that

limits the offender’s ability to hide or dispose of contraband or bodily waste that may

contain contraband, on the expectation that the contraband will be expelled.

Disposing of contraband

70 As soon as practicable after an employee seizes contraband, the employee must

(

a) make a record describing the contraband and the circumstances in which it was

seized;

(

b) deposit the contraband in a secure place at the correctional facility; and

(

c) comply with any policies and procedures for the seizing, securing and disposal

of contraband.

Disposing of contraband if lawful outside correctional facility

71 If an object or substance is seized from an offender and the object or substance is

contraband but its possession outside the correctional facility would be lawful, the

superintendent, in accordance with policies and procedures, may direct that

(

a) the object or substance be kept in a secure place at the correctional facility and

returned to the offender upon their release from custody;

(

b) the offender be given 30 days from the date the object or substance was seized

to make arrangements for its disposal or safekeeping outside the correctional

facility; or

(

c) the object or substance be disposed of if

(

i) it is of a perishable nature and subject to spoilage,

(ii) it is an intoxicant,

(iii) it is a weapon,

(iv) keeping it would be unsafe or would involve unreasonable expense or

inconvenience,

(

v) it is dangerous to health and safety, or the correctional facility.

Return of seized object or substance that is not contraband

72 A superintendent must return a seized object or substance to its owner if

(

a) it is in the custody of the superintendent;

(

b) it is not contraband;

(

c) it is not or is no longer needed as evidence relating to an offence or a

contravention of a rule; and

(

d) there is no dispute as to who owns it.

Forfeit of seized object or substance

73 An object or substance seized is forfeit to the government

(

a) if its owner has not requested its return by the end of the 30 th day following the

date the owner received notice of its seizure;

(

b) if its owner cannot be found and 90 days have passed since the date it was

seized;

(

c) if it is determined to be contraband and possession of it outside the

correctional facility would be unlawful; or

(

d) if its owner is an offender in a correctional facility and if

(

i) possession of it by the offender would constitute possession of

contraband, or

(ii) the offender has not arranged for the disposal or safekeeping of the

object or substance outside the correctional facility by the end of the 30 th

day following the date the offender was given the opportunity to do so.

Supervising Offenders in Custody

Male employees in female offender units

74 A male employee may be assigned duties in a unit of a correctional facility that is used to

house female offenders in the following circumstances only, and only if a female employee

is always present:

(

a) during routine rounds and inspections;

(

b) during a use of force or an emergency situation.

Male employees escorting female offenders

75 A male employee may be assigned as the second employee to escort a female offender

within a correctional facility or on a conditional release in the community, but the

principle employee assigned to escort the female offender must be female.

Interviewing female offenders

(1) Subject to subsection (2), a male employee or a male from one of the following

categories may interview a female offender if accompanied by a female employee:

(

a) health services professional;

(

b) spiritual advisor;

(

c) probation officer;

(

d) parole officer;

(

e) teacher;

(

f) children and family services worker;

(

g) police officer;

(

h) representative of the Office of the Ombudsman;

(

i) representative of the Human Rights Commission.

(2) If a female employee is not present or if it is not advisable to have a female

employee present at an interview conducted by a male referred to in subsection (1),

the interview must be conducted under video surveillance.

Video surveillance tapes of female offenders

77 A video surveillance tape of a female offender must be viewed only by a female employee

if the knowledge that a male employee had viewed the tape would be likely to subject the

offender to undue embarrassment or humiliation.

Screening offenders in custody for intoxicants

(1) Screening of an offender in custody for intoxicants under

Section 90 of the Act may

be carried out at regular or random intervals or at any specified time.

(1A) An offender in custody who is subjected to an intoxicant screening test must provide

a sample for testing as directed by the Executive Director.

Subsection 78(1A) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(2) On subjecting an offender in custody to an intoxicant screening test, the Executive

Director must

(

a) inform the offender of the reason for the test and the consequences of failure to

comply with the testing procedure; and

(

b) forward each sample submitted for screening to an authorized testing facility

for testing.

Conditions for confinement of offenders in custody

(1) A superintendent may impose different conditions of confinement for different

offenders within the correctional facility.

(2) An offender held in a correctional facility may be restricted from associating with

another offender held in the correctional facility.

(3) For reasons of safety, security or order in the correctional facility, a superintendent

may restrict access to the correctional facility or part of it by

(

a) confining the offenders held in the correctional facility or those of them who

are normally held in that part, as the case may be, to their sleeping areas; and

(

b) restricting entry to the correctional facility or that part, as the case may be.

Review of close confinement

(1) If an offender is placed in close confinement under

Section 74 of the Act, the

superintendent must conduct a preliminary review of the offender’s case no later

than 24 hours after the time that the close confinement began.

(2) After a preliminary review, if a superintendent believes that the continued close

confinement of the offender is not warranted, the superintendent must release the

offender from close confinement.

(3) If an offender remains in close confinement after a preliminary review, the

superintendent must review the offender’s circumstances at least once in every 5-day

period to determine whether the continued close confinement of the offender is

warranted.

(4) If an adult offender remains in close confinement for a continuous period of 10 days,

or if an offender who is a young person remains in close confinement for a

continuous period of 7 days, the superintendent must request permission from the

Executive Director before continuing the close confinement.

Subsection 80(4) replaced: O.I.C. 2017-266, N.S. Reg. 160/2017.

Privileges in close confinement

81 An offender in close confinement must be allowed at least 30 minutes of exercise outside

the cell during each 24-hour period.

Employee must report use of force

82 An employee who uses force against an offender must immediately report the incident in

writing to the superintendent, and the superintendent must review the report to determine

whether the force used was reasonable in the circumstances, in accordance with

Section 43

of the Act.

Serious illness of an offender in correctional facility

83 If an offender held in a correctional facility becomes seriously ill, the superintendent must

(

a) notify a spiritual advisor of the faith or denomination to which the offender

belongs;

(

b) advise the offender’s next of kin, as recorded at the time of the offender’s

admission; and

(

c) consult with the offender regarding the persons the offender desires to be

notified of the illness.

Death of an offender in correctional facility

84 In addition to meeting the reporting requirements of

Section 50 of the Act, if an offender

dies while being held in a correctional facility, the superintendent must

(

a) protect the death scene pending completion of a full investigation;

(

b) notify the police;

(

c) notify the offender’s next of kin; and

(

d) safeguard all of the offender’s property in the custody of the superintendent.

Disciplinary Rules and Procedures

Prescribed purposes for disciplinary rules and procedures

85 Disciplinary rules and disciplinary procedures are to be established only for the following

purposes:

(

a) maintaining the law;

(

b) protecting individual rights and personal safety and the security of offenders,

the public, employees and persons providing a correctional service;

(

c) maintaining the security of a correctional facility;

(

d) promoting the orderly operation and effective delivery of programs and

services;

(

e) protecting personal property and correctional facility property.

Disciplinary rules established by superintendent

(1) At a minimum, the rules governing the conduct and activity of offenders established

by a superintendent under clause 39(

e) of the Act must state that an offender must

not do any of the following:

(

a) have in their possession any contraband;

(

b) smuggle, conspire or attempt to smuggle any

article either into or out of the

correctional facility;

(

c) destroy or deface private or public property;

(

d) attack or threaten to attack another person within the correctional facility;

(

e) cause, conspire or attempt to cause a disturbance, breach of the peace or riot;

(

f) be in an unauthorized place, or leave or attempt to leave the limits of the

correctional facility confines without being escorted by an employee or

without the express authority of the superintendent or a conditional release

certificate;

(

g) give or offer a bribe or reward to an employee;

(

h) commit or attempt to commit an indecent act in language, act or gesture;

(

i) give counsel to or aid and abet another offender to do any act in contravention

of the Act, the regulations made under the Act or the rules;

(

j) engage in behaviour that is intended to intimidate or provoke fear in others;

(

k) gamble;

(

l) neglect performing the work and duties assigned;

(

m) make a gross insult by gesture, use of abusive language or other act, directed to

or at any person;

(

n) disobey any lawful order given by an employee;

(

o) conduct themselves in a manner that is detrimental to the welfare of other

offenders or to a program;

(

p) make a racial or harassing remark or gesture to any person;

(

q) destroy food;

(

r) refuse to stand in their cell or room as required during daily inspection;

(

s) leave a cell, place of work or other appointed work without proper authority;

(

t) make repeated frivolous complaints;

(

u) refuse to provide a sample for standardized screening for intoxicants as

required by regulations;

(

v) transfer, give or exchange any personal or government property, whether for

personal gain or not, without authorization;

(

w) obstruct an investigation conducted or authorized by the Act or the regulations

made under the Act;

(

x) wilfully breach or attempt to breach any provision of the Act, the regulations

made under the Act or the rules;

(

y) wilfully breach or attempt to breach any term or condition of a conditional

release.

(2) A superintendent may make and enforce rules regarding offender grooming,

including beard length, sideburns, hair, tattooing and piercing.

Notice of disciplinary rules and procedures

(1) As soon as possible after an offender is admitted to a correctional facility, the

superintendent must inform the offender orally or in writing of the disciplinary rules

and disciplinary procedures of the correctional facility.

(2) A superintendent must ensure that an appropriate number of copies of the

disciplinary rules are available at locations determined by the superintendent that are

accessible to all offenders.

Temporary Measures, Incident Report, Investigation and Disciplinary Report

Employee’s actions on ascertaining disciplinary offence

(1) An employee of a correctional facility who ascertains that an offender has breached a

rule must, in accordance with policies and procedures,

(

a) take the immediate measures necessary to rectify the situation, if possible; and

(

b) taking into account the purposes prescribed in

Section 85 for disciplinary rules

and procedures, do one of the following:

(

i) give the offender a warning, consisting of notifying the offender that the

offender is infringing a specified rule or directive and commanding the

offender not to do so again, or

(ii) complete a written disciplinary report relating to the offence.

(2) In addition to any immediate measure taken against an offender under clause (1)(a),

an employee may carry out one or both of the following temporary measures, if the

employee believes that it is necessary:

(

a) removing any or all of the offender’s privileges;

(

b) confining the offender to their cell or room.

(3) Only the measures specified in subsection (2) are permitted to be taken as temporary

measures, and a temporary measure must not be imposed on an offender for longer

than 3 hours.

(4) An employee who determines that it is necessary to take a temporary measure

against an offender must inform their immediate supervisor and record the

temporary measures that were taken, if any, on the disciplinary offence report.

(5) An employee who completes a disciplinary report must file the report with their

immediate supervisor.

Supervisor may revoke or vary temporary measure imposed by employee

89 The supervisor of an employee who takes a temporary measure against an offender under

subsection 88(2) may do any of the following:

(

a) revoke or modify the temporary measure;

(

b) take any additional temporary measure against the offender that the employee

could have imposed under subsection 88(2);

(

c) subject to Sections 80 and 81, impose close confinement, including close

confinement in segregation, on the offender in accordance with clause 74(

c) of

the Act pending the outcome of a disciplinary hearing.

Investigation into alleged breach of rule

89A(1) An investigation of an alleged breach of a rule must be conducted in accordance with

policies and procedures.

(2) Any employee who participates in an investigation of an alleged breach of a rule

must not adjudicate a hearing under

Section 69 of the Act.

Section 89A added: O.I.C. 2016-33, N.S. Reg. 24/2016.

Copy of discipline offence report to offender

(1) Subject to subsection (2), the immediate supervisor of any employee who writes a

disciplinary report must ensure that the offender who is the subject of the report is

provided with

(

a) a copy of the report; and

(

b) a copy of the results of the investigation under

Section 89A into the offender’s

alleged breach of a rule.

(2) A report and results of an investigation provided to an offender under subsection

(1) may contain redactions if the immediate supervisor considers it necessary to ensure

that

(

a) the safety and security of any person is not jeopardized; or

(

b) there is no disruption to the orderly operation and effective delivery of

programs and services at the correctional facility.

Section 90 replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

Hearings and Penalties

When superintendent may consult with police

91 If an offender breaches a rule referred to in clauses 86(1)(

a) to (j), the superintendent, after

considering the circumstances and the gravity of the breach, may consult with a police

officer to determine whether to commence proceedings against the offender under the law.

Penalty whether or not subject of court proceeding

92 An offender may be charged with breaching a rule and may be penalized under the Act

and these regulations whether or not the act that gave rise to the breach is or could be the

subject of a proceeding in a court of law.

Disciplinary hearing procedure

(1) If, on receipt of a disciplinary report and the results of the investigation under

Section 89A, a superintendent decides to hold a hearing into the matter under

Section 69 of the Act, the superintendent must do all of the following:

(

a) meet with the offender;

(

b) explain the contents of the disciplinary report to the offender;

(

c) hear the offender’s explanations;

(

d) convene and hear any witnesses, if the safety and security of the witness or any

other person is not jeopardized and it would not disrupt the proceeding or the

orderly operation and effective delivery of programs and services at the

correctional facility;

Clause 93(1)(

d) replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

(

e) permit the offender to cross examine a witness, if the safety and security of the

witness or any other person is not jeopardized and it would not disrupt the

proceeding or the orderly operation and effective delivery of programs and

services at the correctional facility.

Clause 93(1)(

e) replaced: O.I.C. 2016-33, N.S. Reg. 24/2016.

Subsection 93(1) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

(2) At a disciplinary hearing, a superintendent may accept any evidence that the

superintendent considers appropriate, whether or not it is admissible as evidence in a

court of law.

(2A) At a disciplinary hearing, a superintendent may rely on a disciplinary report and the

results of the investigation under

Section 89A without requiring further evidence

from the persons who prepared them.

Subsection 93(2A) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(3) The superintendent must not find an offender responsible for breaching a rule unless

the superintendent is satisfied on the balance of probabilities that the offender

breached the rule.

Disciplinary hearing in absence of offender

94 If an offender who is the subject of a disciplinary hearing is absent in any of the following

circumstances, the superintendent may proceed with the hearing, except for what cannot be

done because of the offender’s absence:

(

a) the offender is voluntarily absent;

(

b) the superintendent believes on reasonable grounds that the presence of the

offender would jeopardize the safety of a person present at the hearing;

(

c) the offender disrupts and is removed from the hearing;

(

d) the offender refuses to appear before the superintendent.

Imposing penalty

(1) The penalty that a superintendent may impose on an offender under subsection 70(1)

of the Act for breaching a rule must be one of the following, or a combination of any

of the following:

(

a) withdrawal in whole or in part of the offender’s privileges;

(

b) performance of work;

(

c) close confinement for no longer than 10 days in respect of any one

confinement for an adult offender, and for no longer than 7 days in respect of

any one confinement for an offender who is a young person;

Clause 95(1)(

c) replaced: O.I.C. 2017-266, N.S. Reg. 160/2017.

(

d) with the approval of the Executive Director, close confinement for longer than

10 days for an adult offender and longer than 7 days for an offender who is a

young person;

Clause 95(1)(

d) replaced: O.I.C. 2017-266, N.S. Reg. 160/2017.

(

e) a restorative justice process, including restitution of part or all of the costs to

repair the damage done by the offender, in accordance with policies and

procedures;

(

f) forfeiture of all or part of the remission currently credited to the offender.

(2) In deciding to impose a penalty on an offender for breach of a rule, the

superintendent must consider all of the following:

(

a) the seriousness of the breach;

(

b) the degree of premeditation;

(

c) the degree of awareness that the offender has of having breached a rule;

(

d) the offender’s behaviour since the beginning of their custody;

(

e) the circumstances surrounding the breach, including, in particular, the degree

of provocation;

(

f) whether the offender has breached the same rule in the past;

(

g) the possible effects of the penalty on the subsequent behaviour of the offender;

(

h) the temporary measures taken under subsection 88(2) following the breach;

(

i) the degree of remorse shown by the offender.

(2A) The superintendent must specify whether a penalty is to be imposed concurrently

with or consecutively to any other penalty currently imposed.

Subsection 95(2A) added: O.I.C. 2017-266, N.S. Reg. 160/2017.

(3) An offender who is being penalized by having their communications or

correspondence privileges restricted or by undergoing close confinement is not

entitled to send or receive a letter or other communication, or to receive a visit, to or

from anyone other than the following:

(

a) the offender’s spiritual advisor;

(

b) the offender’s lawyer;

(

c) a representative of the Office of the Ombudsman;

(

d) a representative of the Human Rights Commission;

(

e) an individual not listed in clauses (

a) to (d), as approved by the

superintendent.

Notification of decision

(1) On deciding the outcome of a disciplinary proceeding against an offender, the

superintendent must inform the offender of the decision and, if applicable, the

penalty to be imposed.

(2) If a penalty includes forfeiture of an offender’s remission, the superintendent must

inform the offender of the amount of remission forfeited and the offender’s new

release date.

When penalty enforceable

97 A penalty is enforceable from the time determined by the superintendent.

Review of penalty by superintendent

(1) If a superintendent’s delegate penalizes an offender, the offender may request that

the superintendent review the penalty or the decision to penalize.

(1A) For the purpose of subsection (1), “superintendent’s delegate” means a deputy

superintendent or any other individual to whom a superintendent has delegated

authority under subsection 38(1) of the Act.

Subsection 98(1A) added: O.I.C. 2016-33, N.S. Reg. 24/2016.

(2) A request to a superintendent to review a penalty or a decision to penalize is

permitted only if one or more of the following circumstances exist:

(

a) the penalty seems disproportionate to the breach for which it was imposed, or

to the supporting facts;

(

b) there is an error in the disciplinary report; or

(

c) the penalty was imposed without knowledge of a fact that, had it been known,

would have been likely to modify the penalty or decision.

(3) A request for review of a penalty or a decision to penalize must be made in writing

no later than 10 business days after the date of the decision, and must otherwise be in

accordance with policies and procedures.

(4) On reviewing a penalty under this Section, a superintendent may lower, increase or

otherwise modify the penalty or overturn the decision to penalize in addition to being

able to suspend the penalty under subsection 70(2) of the Act.

Subsection 98(4) amended: O.I.C. 2016-33, N.S. Reg. 24/2016.

Appeal to Executive Director of superintendent’s decision

(1) An appeal to the Executive Director under

Section 71 of the Act by an offender who

is appealing a superintendent’s decision to penalize the offender or the penalty

imposed is permitted only if one or more of the following circumstances exist:

(

a) the offender alleges that the superintendent did not make the decision in

accordance with these regulations or policies and procedures;

(

b) the penalty seems disproportionate to the rule breach for which it was imposed

or to the supporting facts;

(

c) the penalty that was imposed consists of forfeiture of the offender’s remission;

(

d) there is an error in the disciplinary report;

(

e) the penalty was imposed without knowledge of a fact that, had it been known,

would have been likely to modify the penalty or decision.

(2) An appeal of a superintendent’s decision to the Executive Director must be made in

writing no later than 10 business days after the date of the superintendent’s decision,

and must otherwise be in accordance with policies and procedures.

(3) The Executive Director must notify the offender and the superintendent of their

decision no later than 10 business days after the date the Executive Director receives

the appeal.

Conditional Release

Designated employee for authorizing conditional releases

100 In Sections 102, 104 and 106, “designated employee” means a designated employee as

defined in

Section 77 of the Act.

Application for conditional release

101 An offender’s application for a conditional release under

Section 79 of the Act must be in

writing and must state

(

a) the reason for the application;

(

b) the length of time requested for the conditional release and the expected start

date;

(

c) where the offender intends to go or stay during the conditional release; and

(

d) any information not included under clauses (

a) to (

c) that the superintendent

may require.

Maximum time period for conditional release

(1) Except as provided in subsection (3), 60 days is the maximum time period that may

be authorized for a conditional release.

(2) On the expiry of a conditional release, the designated employee who authorized it

may reassess the case and renew the conditional release for one or more periods not

exceeding 60 days each.

(3) A conditional release for medical reasons may be authorized for an unlimited period.

Amounts charged to offenders on conditional release

(1) The amount of money charged to an offender under

Section 86 of the Act as a

contribution to the cost of custody while the offender is on conditional release must

be equal to 20% of their gross wages, to a maximum of $23.35 per day of the

conditional release.

Subsection 103(1) amended: O.I.C. 2015-96, N.S. Reg. 89/2015.

(2) A superintendent who charges an amount of money to an offender as a contribution

to the cost of custody must arrange for the payments to be collected by or delivered

to the correctional facility.

Conditional release certificate

(1) A designated employee who authorizes a conditional release for an offender must

issue a conditional release certificate indicating that the conditional release is

authorized.

(2) A conditional release certificate must specify all of the following information:

(

a) the length of time authorized for the conditional release;

(

b) the date and time at which the conditional release is to begin and the date and

time at which the offender must return to the correctional facility;

(

c) where the offender must go or stay during the conditional release;

(

d) the supervision process that will be in place during the conditional release;

(

e) if applicable, the amount to be charged to the offender under

Section 86 of the

Act and

Section 103 as a contribution to the cost of custody;

employee considers appropriate for an offender and considering the nature of

the conditional release.

(1) An offender for whom a conditional release certificate is issued, except a certificate

for an emergency medical conditional release, must sign the certificate to indicate

(2) After an offender has signed their conditional release certificate, the superintendent

must provide a copy of the signed certificate to each of the following:

(

a) the offender;

(

b) any person or agency that will be involved in administering the conditional

release or supervising the offender while on conditional release, including, if

applicable, an employer or other person who will be liable to make payments

on account of the offender for amounts charged under

Section 86 of the Act

and

Section 103.

(3) Except for an offender who receives an emergency medical conditional release, an

release, as specified on their conditional release certificate, ceases to be eligible for

the conditional release.

Screening offender on conditional release for intoxicants

105A

(1) Screening of an offender who is on conditional release for intoxicants under

Section

90 of the Act may be carried out at regular or random intervals or at any specified

time.

(2) An offender on conditional release who is subjected to an intoxicant screening test

must provide a sample for testing as directed by the Executive Director.

(3) On subjecting an offender on conditional release to an intoxicant screening test, the

Executive Director must

(

a) inform the offender of the reason for the test and the consequences of failure to

comply with the testing procedure; and

(

b) forward each sample submitted for screening to an authorized testing facility

for testing.

Section 105A added: O.I.C. 2016-33, N.S. Reg. 24/2016.

Suspension of conditional release

(1) If an offender whose conditional release is suspended under

Section 84 of the Act

fails to surrender voluntarily and immediately, the superintendent must prepare an

order of suspension, apprehension and recommittal to authorize police to arrest and

detain the offender and, if no new charges under law are laid that require an

appearance before the court, to return the offender immediately to custody in a

correctional facility.

(2) An employee who suspends an offender’s conditional release must immediately

prepare a written report and submit it to the designated employee who authorized the

conditional release.

Procedure for appealing conditional release decision

(1) An appeal to the Executive Director or designate under

Section 81 of the Act by an

offender who is appealing a conditional release decision must be in writing and must

state the reasons for the appeal.

(2) An offender’s appeal of a conditional release decision must be forwarded to the

Executive Director or designate no later than 10 business days after the date the

offender receives the decision.

(3) No later than 10 business days after the date the Executive Director or designate

receives an offender’s appeal of a conditional release decision, the Executive

Director or designate must notify the offender and the superintendent in writing of

their decision under

Section 82 of the Act.

Death of offender on conditional release

108 In addition to meeting the reporting requirements of

Section 50 of the Act, if an offender

dies while on conditional release, the superintendent must

(

a) notify the police;

(

b) notify the offender’s next of kin; and

(

c) safeguard all of the offender’s property in the custody of the superintendent.

Discharge and Release

Offender kept in correctional facility after sentence expires

(1) An ex-offender who is kept in a correctional facility after their sentence expires for

one of the reasons referred to in subsection 51(3) of the Act must be released no

later than 24 hours after the time of their originally scheduled release.

(2) Despite subsection (1), if the reason for keeping the ex-offender in custody after

their sentence expires still exists at the expiry of a 24-hour extension, a

superintendent may further extend the time that an ex-offender is kept in custody for

an additional 24 hours.

Ex-offender not treated as offender

110 During the time that an ex-offender remains in a correctional facility after the expiration of

their sentence, the ex-offender must not be housed with offenders and is not subject to

Sections 86 to 99.

Returning offender’s money and property on discharge

111 On an offender’s discharge, the superintendent must ensure that all of the following are

returned to the offender:

(

a) any money that had been held in an offender account on behalf of the offender

during their time in custody;

(

b) any property that had been held in safe-keeping on behalf of the offender

during their time in custody.

Disposing of unclaimed money and property

(1) A superintendent must retain any of an offender’s money or property that remains at

the correctional facility

(

a) if the offender is absent without authority from the correctional facility; or

(

b) after the offender is discharged from the correctional facility.

(2) A superintendent may dispose of retained money or property in accordance with

policies and procedures if the offender who owns the money or property has not

claimed it by the end of the 6-month period following the retention date.

(3) The superintendent must keep a record of all unclaimed money and property of an

offender that is disposed of under subsection (2), and the record must include at least

all of the following information:

(

a) for money that is disposed of,

(

i) the name of the offender who owned the money,

(ii) the amount of money disposed of,

(iii) the name of the account, person or organization in receipt of the money;

(

b) for property that is disposed of,

(

i) the name of the offender who owned the property,

(ii) a description of the property disposed of and the manner of disposal,

(iii) the name of the person or organization in receipt of the property,

(iv) the proceeds, if any, of the disposition.

Transportation and clothing for offender on discharge

(1) On discharging an offender from a correctional facility, the superintendent may

(

a) provide transportation to return the offender

(

i) to the place in Nova Scotia where the offender was convicted, or

(ii) at the request of the offender and with the approval of the

superintendent, to another place in Nova Scotia; and

(

b) provide the offender with clothing that is suitable for the climate conditions at

the time of discharge.

(2) The costs for clothing provided to an offender must be charged to the offender’s

account.

(3) Despite subsection (2), if an offender is in need, as determined by the

superintendent, the necessary clothing must be provided at public expense.