GENERAL

CONTENTS Sections Definitions 1 PART 0.1 MINISTRY TRAINING 1.1-1.3 PART I CORRECTIONAL INSTITUTIONS Duties of Superintendent, Health Care Professionals, Employees 2-7 Duties of Minister 7.1-7.3 Admission to Institution 8-9 Inmate Property 10-12 Visiting Privileges 13-15 Correspondence Privileges 16-17.2 Inmate Employment 18 Canteen Privileges 19-21 Searches 22-27 Inmate Complaints 28 Custody in Restricted Conditions 28.1 Segregation Requirements 28.2-28.9 Non-disciplinary Segregation 28.10-28.11 Inmate Misconduct 28.12-34.-34.0.2 Temporary Absence 34.1-39.3 Assistance Upon Release or Discharge 40 PART II PAROLE 40.1-51 PART III COMMUNITY RESOURCE CENTRES 52-55 PART V DISCLOSURE OF PERSONAL INFORMATION 59-64 Definitions 1. In this Regulation, “business day” means a day from Monday to Friday, other than a holiday; (“jour ouvrable”) “clinic” or “hospital” means that part of an institution set aside for the care and treatment of inmates who are physically or mentally ill; (“clinique”, “hôpital”) “contraband” means unauthorized property in the possession of an inmate; (“objet détenu illégalement”) “disciplinary segregation” means the type of segregation imposed as a disciplinary measure under section 32; (“isolement disciplinaire”) “employee” means an employee of the Ministry or of a contractor; (“employé”) “frisk search” means a manual search of the clothed body, including inside clothing folds, pockets and footwear; (“fouille par palpation”) “health care professional” means a member of the College of Physicians and Surgeons of Ontario or of the College of Nurses of Ontario; (“professionnel de la santé”) “meaningful social interaction” means an experience for an inmate, other than a routine institutional operation such as showering or transportation to court, that involves opportunities for social interaction and social activities that, (a) could be reasonably considered meaningful to the inmate, (b) promote mental or physical stimulation, and (c) mitigate the isolation and potential harm caused by segregation; (“interaction sociale significative”) “non-disciplinary segregation” means the type of segregation imposed under section 28.10; (“isolement préventif”) “non-intrusive search” means, (a) a search of a non-intrusive nature of the clothed body by technical means, including by means of a hand-held metal detector, a walk-through metal detector, an ion scanner or a similar non-intrusive device, or by canines, or (b) a manual search, or a search by technical means, including through the use of an x-ray parcel scanner, of, (i) personal possessions, including clothing, that the person may be carrying, or (ii) any coat or jacket that the person has been requested to remove; (“fouille discrète”) “officer” means an employee who is directly involved in the care, health, discipline, safety and custody of an inmate and includes a bailiff appointed under the Act; (“agent”) “segregation” means any type of custody where an inmate is in highly restricted conditions for 22 to 24 hours or does not receive a minimum of two hours of meaningful social interaction each day, excluding in circumstances of an unscheduled lockdown; (“isolement”) “strip search” means an inspection that is not conducted as part of a medical examination or treatment, (a) of the body after all clothing on the top or bottom half of the body, or on the entire body, has been removed and of any clothing or other personal possessions that the person was required to remove; or (b) of the body after all clothing on the top or bottom half of the body, or on the entire body, that is ordinarily worn over underwear has been removed and of any clothing or other personal possessions that the person was required to remove; (“fouille à nu”) “Superintendent” includes a Director of a correctional institution. (“chef d’établissement”) R.R.O. 1990, Reg. 778, s. 1; O. Reg. 305/01, s. 1; O. Reg. 331/02, s. 1; O. Reg. 574/21, s. 1; O. Reg. 50/22, s. 1; O. Reg. 190/23, s. 1. Part 0.1 Ministry training 1.1 (1) Every employee in the Ministry who is employed in the administration of the Act shall complete human rights and anti-racism training approved by the Minister every five years. O. Reg. 574/21, s. 2 (2). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of persons who were employed in the Ministry before the day this section came into force, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1); O. Reg. 50/22, s. 2. 1.2 (1) Every employee in the Ministry who works in a correctional institution, and every probation or parole officer, shall complete de-escalation training approved by the Minister every two years. O. Reg. 574/21, s. 2 (1). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of persons who were employed in the Ministry before the day this section began applying to them, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1); O. Reg. 50/22, s. 3. 1.3 (1) Every correctional officer, and every supervisor of a correctional officer, shall complete use of force training approved by the Minister every two years. O. Reg. 574/21, s. 2 (1). (2) The first round of training required by subsection (1) must be completed, (a) prior to, or within 12 months after, the day the employee becomes employed in the Ministry; or (b) in the case of correctional officers or supervisors who were employed before the day this section came into force, within two years after the day this section came into force. O. Reg. 574/21, s. 2 (1) ; O. Reg. 50/22, s. 4. PART I CORRECTIONAL INSTITUTIONS Duties of Superintendent, Health Care Professionals, Employees 2. (1) The Superintendent of a correctional institution is responsible for the management of the institution and for the care, health, discipline, safety and custody of the inmates under the Superintendent’s authority, and, without limiting the generality of the foregoing, the Superintendent shall, (a) supervise the admission and release of each inmate from the institution; (b) supervise the recording, guarding and disposition of inmate property; (c) conduct reviews in discipline cases; (d) supervise the admission and conduct of persons visiting the institution; and (e) supervise the searches conducted on inmates and employees. R.R.O. 1990, Reg. 778, s. 2 (1). (2) The Superintendent shall, (a) administer the institution in accordance with the Act, the regulations and any instructions issued from time to time by the Minister to the Superintendent; (b) issue to the employees of the institution such directions as may be necessary to fulfil the responsibilities of a Superintendent; (c) establish administrative procedures to be followed on the admission, discharge, escape, illness or death of an inmate and on the assignment of employees’ and inmates’ duties; and (d) ensure that inmates are informed of their duties and privileges while in the care and custody of the Superintendent. R.R.O. 1990, Reg. 778, s. 2 (2). (3) The Superintendent shall forward immediately to the proper authority an application of an inmate for, (a) appeal; (b) a writ of habeas corpus or an order in the nature of mandamus; (c) parole; or (d) a transfer under the Transfer of Offenders Act (Canada). R.R.O. 1990, Reg. 778, s. 2 (3). 3. Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or this Regulation may be delegated by the Superintendent to any person or persons to act as designated representative of the Superintendent for the purpose of the effective administration of the Act and the delegation shall be subject to such limitations, restrictions, conditions and requirements as the Superintendent considers necessary for the purpose. R.R.O. 1990, Reg. 778, s. 3. 4. (1) There shall be one or more health care professionals in each institution to be responsible for the provision of health care services within the institution and to control and direct the medical and surgical treatment of all inmates. R.R.O. 1990, Reg. 778, s. 4 (1). (2) The health care professional shall ensure that every inmate receives a medical examination as soon as possible after admission to the institution. R.R.O. 1990, Reg. 778, s. 4 (2). (3) The health care professional shall immediately report to the Superintendent whenever the health care professional determines that an inmate is seriously ill. R.R.O. 1990, Reg. 778, s. 4 (3). (4) When an inmate is injured, a health care professional shall, (a) examine the inmate’s injuries; (b) ensure such treatment as seems advisable; and (c) make a written report to the Superintendent concerning the nature of the injury and the treatment provided. R.R.O. 1990, Reg. 778, s. 4 (4). (5) When an inmate claims to be unable to work by reason of illness or disability, a health care professional shall examine the inmate and if, in his or her opinion, the inmate is unfit to work or the work should be changed, the health care professional shall immediately report the fact in writing to the Superintendent whereupon the inmate shall be relieved of work duties or have his or her work changed or be admitted to hospital or elsewhere for medical treatment as directed. R.R.O. 1990, Reg. 778, s. 4 (5). 5. If an inmate becomes seriously ill, the Superintendent shall notify the inmate’s close relatives and a minister of religion, preferably of the denomination to which the inmate belongs, and may notify any other person or persons that the inmate requests be notified of the illness. R.R.O. 1990, Reg. 778, s. 5. 6. If an inmate dies while confined in an institution, the Superintendent shall immediately make a report concerning the death to the Minister and the report shall include, (a) the name of the inmate; (b) the names of the close relatives of the inmate; and (c) the cause of death and the surrounding circumstances. R.R.O. 1990, Reg. 778, s. 6. 7. (1) No employee shall use force against an inmate unless force is required in order to, (a) enforce discipline and maintain order within the institution; (b) defend the employee or another employee or inmate from assault; (c) control a rebellious or disturbed inmate; or (d) conduct a search. R.R.O. 1990, Reg. 778, s. 7 (1). (2) When an employee uses force against an inmate, the amount of force used shall be reasonable and not excessive having regard to the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778, s. 7 (2). (3) Where an employee uses force against an inmate, the employee shall file a written report with the Superintendent indicating the nature of the threat posed by the inmate and all other circumstances of the case. R.R.O. 1990, Reg. 778, s. 7 (3). Duties of Minister 7.1 Where social or cultural supports, including social workers and people who provide culturally relevant services to Indigenous inmates, are accessed by the inmate, the Minister shall make reasonable efforts to obtain relevant information from the people who provided those supports and use the information to inform discipline, misconduct and segregation decisions relating to that inmate. O. Reg. 574/21, s. 3. 7.2 The Minister shall make reasonable efforts to provide inmates who have unique or complex needs with access to services and programs that provide specialized care to assess and treat those needs. O. Reg. 574/21, s. 3. 7.3 The Minister shall conduct and complete a review of the use of strip searches in correctional institutions and their operational impact before September 30, 2028. O. Reg. 190/23, s. 2. Admission to Institution 8. (1) The Superintendent shall not admit any person into custody at an institution except under the authority of a warrant of committal, an order for remand or other judicial document constituting authority for detention of the person therein. R.R.O. 1990, Reg. 778, s. 8 (1). (2) Despite subsection (1), a Superintendent shall admit a person into custody at an institution without a warrant of committal, an order for remand or other judicial document where, (a) the person is delivered to the institution by a provincial bailiff for temporary detention in the institution; (b) the person is delivered to the institution after being apprehended under section 39 of the Act; (c) the person is delivered to the institution after being apprehended for an alleged breach of a temporary absence permit; or (d) the institution is designated as a lock-up. R.R.O. 1990, Reg. 778, s. 8 (2). (3) Despite clause (2) (d), the Superintendent of a lock-up shall not admit into custody at the lock-up any person who is in need of immediate medical attention. R.R.O. 1990, Reg. 778, s. 8 (3). 9. When a person is admitted into custody at an institution, the person becomes an inmate of the institution and the Superintendent shall ensure that each inmate is searched, bathed and clothed in the proper manner. R.R.O. 1990, Reg. 778, s. 9. Inmate Property 10. (1) The inmate shall surrender to the Superintendent all property, including money and personal belongings, in the inmate’s physical possession at the time of admission to the institution. O. Reg. 164/10, s. 1. (2) The non-perishable property that the inmate is not permitted to retain in his or her possession shall be deposited with the Superintendent. O. Reg. 132/09, s. 1. (3) The perishable property that the inmate is not permitted to retain in his or her possession shall be dealt with as the inmate may reasonably direct or else be destroyed by the Superintendent. O. Reg. 132/09, s. 1. (4) The Superintendent shall not disburse or deduct any amount from the money the inmate surrenders except, (a) banking fees or charges that are incurred by the Ministry resulting from transactions authorized by the inmate; (b) the amount of any deduction or payment required by law; and (c) an amount in accordance with a request made in writing by the inmate and approved by the Superintendent. O. Reg. 132/09, s. 1. (5) When an inmate is paroled, discharged or transferred, the Superintendent shall, subject to subsection (4), return to the inmate all money surrendered by the inmate. O. Reg. 132/09, s. 1. 11. (1) When or shortly after a person becomes an inmate of an institution, the Superintendent shall cause to be personally delivered to the inmate a written notice regarding, (a) the place where the inmate’s property may be claimed when the inmate is paroled, discharged or transferred to a community resource centre; (b) the period during which the property will be held by the Superintendent for the inmate after parole, discharge or transfer to a community resource centre; and (c) the proposed disposition of the property in the event that it is not claimed by the inmate. O. Reg. 164/10, s. 2 (1). (2) Revoked: O. Reg. 164/10, s. 2 (1). (3) The Superintendent is not required to give notice under subsection (1) in respect of money in an inmate’s trust account amounting to less than $5, and if that money remains unclaimed for ninety days after the inmate is paroled, discharged or transferred to a community resource centre, it shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778, s. 11 (3); O. Reg. 132/09, s. 2; O. Reg. 164/10, s. 2 (2). (4) Any property of an inmate that remains unclaimed for ninety days after the notice has been delivered to the inmate may be disposed of by the Superintendent in the following manner: 1. In the case of property having significant resale value, by forwarding the property to the Minister. 2. In the case of useful property that does not have any significant resale value, by donating the property to any person or organization that undertakes to use it for a charitable purpose. 3. In the case of any other property, by destroying it. R.R.O. 1990, Reg. 778, s. 11 (4); O. Reg. 164/10, s. 2 (3). (5) Unclaimed property that has been forwarded to the Minister may be disposed of in any manner that the Minister considers appropriate. R.R.O. 1990, Reg. 778, s. 11 (5). (6) Any money belonging to an inmate that is not claimed and all proceeds from the disposition of unclaimed property shall be deposited in the Consolidated Revenue Fund. R.R.O. 1990, Reg. 778, s. 11 (6). 12. (1) Where an inmate becomes absent without authority from an institution, all property in the institution belonging to the inmate, except perishable property, shall be retained by the Superintendent, and if the property has not been claimed by the inmate within twelve months following the date that the inmate became absent, the property may be disposed of pursuant to section 11. R.R.O. 1990, Reg. 778, s. 12 (1). (2) All perishable property belonging to an inmate who becomes absent without authority from the institution may be immediately disposed of by the Superintendent in any manner that the Superintendent considers appropriate. R.R.O. 1990, Reg. 778, s. 12 (2). (3) The Superintendent shall keep a record of all unclaimed property of an inmate that is disposed of under this Regulation and the record shall include, (a) the name of the inmate who owned the property; (b) a description of the property disposed of; (c) the person or organization in receipt of the property; and (d) the proceeds of the disposition, if any. R.R.O. 1990, Reg. 778, s. 12 (3). Visiting Privileges 13. No person, including a visitor and any person accompanying a visitor, shall be present on the premises of an institution without the approval of the Superintendent and the Superintendent may impose such conditions and limitations upon the person while on the premises of the institution as the Superintendent considers necessary to ensure the safety of employees and inmates and the security of the institution. R.R.O. 1990, Reg. 778, s. 13. 14. (1) An inmate shall be permitted visits during reasonable hours from a minister of religion, a probation officer, a parole officer, a volunteer or the inmate’s solicitor. R.R.O. 1990, Reg. 778, s. 14 (1). (2) In addition to the visits permitted under subsection (1), an inmate serving a sentence of imprisonment shall be permitted at least one visit each week. R.R.O. 1990, Reg. 778, s. 14 (2). (3) In addition to the visits permitted under subsection (1), an inmate not serving a sentence of imprisonment shall be permitted at least two visits each week. R.R.O. 1990, Reg. 778, s. 14 (3). (4) No child under the age of sixteen years shall be permitted access to an institution to visit an inmate unless, (a) the child is accompanied by an adult; or (b) permission is granted by the Superintendent for the child to visit the inmate unaccompanied. R.R.O. 1990, Reg. 778, s. 14 (4). (5) Despite subsections (1), (2), (3) and (4), a Superintendent may suspend all visiting privileges if the Superintendent is of the opinion that a state of emergency exists at the institution. R.R.O. 1990, Reg. 778, s. 14 (5). 15. No visitor to an institution shall without the approval of the Superintendent, (a) communicate with an inmate; (b) sketch or take photographs; or (c) receive, give, trade or sell any article to or from an inmate. R.R.O. 1990, Reg. 778, s. 15. Correspondence Privileges 16. An inmate shall be permitted to send one letter upon admission to an institution and at least two letters each week thereafter and, where the inmate has not been awarded a weekly incentive allowance, the inmate shall be given sufficient stationery and postage in order to send the letters. R.R.O. 1990, Reg. 778, s. 16. 17. (1) All letters and parcels sent to or from an inmate may be read or inspected by the Superintendent or by an employee designated by the Superintendent for that purpose, and the Superintendent may refuse to forward any letter or parcel or may delete part of a letter if, in the opinion of the Superintendent, the contents are prejudicial to the best interests of the recipient or are prejudicial to the public safety or the security of the institution. R.R.O. 1990, Reg. 778, s. 17 (1). (2) Subsection (1) does not apply to a letter sent by an inmate to, or to an inmate from, (a) the inmate’s solicitor; (b) a member of the Legislative Assembly of Ontario; (c) a member of the Parliament of Canada; (d) the Deputy Minister; or (e) the Ombudsman or the Correctional Investigator of Canada. R.R.O. 1990, Reg. 778, s. 17 (2); O. Reg. 574/21, s. 4. (3) A letter referred to in clause (2) (a), (a) shall not be opened by the Superintendent or the Superintendent’s designate unless the inmate and a staff witness are present; (b) may be inspected for contraband; and (c) shall not be read by the Superintendent or the Superintendent’s designate unless there are reasonable and probable grounds to believe that it contains material that is not privileged as a solicitor-client communication. R.R.O. 1990, Reg. 778, s. 17 (3). (4) A letter referred to in clause (2) (b), (c) or (d) may be opened, read and inspected for contraband by the Superintendent or the Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (4). (5) A letter referred to in clause (2) (e) shall not be opened, read or inspected for contraband by the Superintendent or the Superintendent’s designate. R.R.O. 1990, Reg. 778, s. 17 (5). 17.1 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that telephone conversations between an inmate and any other persons be listened to or otherwise intercepted where the Superintendent or designated employee believes on reasonable grounds that the conversations will contain evidence of an act that would jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1. (2) Every correctional institution shall have a telephone system that ensures the confidentiality of telephone conversations between an inmate and a person described in clause 17 (2) (a), (b), (c), (d) or (e) and subsection (1) does not apply to such telephone conversations. O. Reg. 254/03, s. 1. (3) The telephone system in a correctional institution shall provide notice of the potential interception of a telephone conversation to both parties to the conversation by way of a voice-over message or other means. O. Reg. 254/03, s. 1. (4) Where a telephone conversation is intercepted under subsection (1), the Superintendent or designated employee shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the interception. O. Reg. 254/03, s. 1. (5) If informing the inmate as required by subsection (4) would adversely affect an ongoing investigation, the Superintendent or designated employee is not required to comply with that subsection until the investigation is complete. O. Reg. 254/03, s. 1. 17.2 (1) The Superintendent or an employee designated by the Superintendent for the purpose may authorize, in writing, that an inmate be prevented from communicating with a specified person by telephone if the Superintendent or designated employee believes on reasonable grounds that the security of the institution or the safety of any person would be jeopardized. O. Reg. 254/03, s. 1. (2) The Superintendent or an employee designated by the Superintendent or the Deputy Minister for the purpose may authorize that an inmate be prevented from communicating with a specified person by telephone if the specified person, or his or her parent or guardian where the specified person is a minor, submits a request to the Superintendent or designated employee that he or she not receive any telephone communication from the inmate. O. Reg. 254/03, s. 1; O. Reg. 574/21, s. 5. (3) Where an inmate is prevented under subsection (1) or (2) from communicating with a person by telephone, the Superintendent or designated employee, as the case may be, shall inform the inmate of the fact and the reasons for it and shall give the inmate an opportunity to make representations with respect to the prevented communication. O. Reg. 254/03, s. 1. (4) If informing the inmate as required by subsection (3) would jeopardize the security of the institution or the safety of any person, the Superintendent or designated employee is not required to comply with that subsection until informing the inmate would no longer jeopardize the security of the institution or the safety of any person. O. Reg. 254/03, s. 1. Inmate Employment 18. (1) Every inmate shall perform work in the institution and participate in any institutional program to which the inmate is assigned unless the inmate is medically exempt from performing the work or participating in the program. R.R.O. 1990, Reg. 778, s. 18 (1). (2) The Superintendent of an institution shall keep a record, on a daily basis, of the work and conduct of each sentenced inmate. R.R.O. 1990, Reg. 778, s. 18 (2). Canteen Privileges 19. (1) Subject to subsection (2), an inmate may purchase items from the institutional canteen using money held for him or her by the Superintendent. O. Reg. 132/09, s. 3. (2) No inmate shall purchase more than $60 worth of items from the institutional canteen in one week without the Superintendent’s permission. O. Reg. 132/09, s. 3. 20. Revoked: O. Reg. 132/09, s. 4. 21. Revoked: O. Reg. 132/09, s. 5. Searches 22. The Superintendent may authorize searches under section 22.1 or 22.2 for the purpose of the security of the correctional institution or the safety of persons. O. Reg. 50/22, s. 5. 22.1 (1) The Superintendent may authorize a search, at any time, of, (a) the premises of the institution or any part thereof, including staff lockers; (b) the person of an inmate; (c) the property of an inmate; or (d) any vehicle on the premises of the institution. O. Reg. 50/22, s. 5. (2) An officer or manager may conduct an immediate search described in subsection (1) without the authorization of the Superintendent if the officer or manager has reasonable grounds to believe that an inmate will destroy or dispose of contraband during the delay necessary to obtain the authorization. O. Reg. 50/22, s. 5. (3) The Superintendent shall not authorize any manual searches of an inmate’s rectal or genital cavities under subsection (1), and no person shall conduct such a search except as part of, (a) a medical examination or treatment to which the inmate has consented; or (b) a medical examination or treatment in an emergency situation where patient consent is not required under the Health Care Consent Act, 1996. O. Reg. 190/23, s. 3. 22.2 (1) This section applies to searches of persons other than inmates. O. Reg. 50/22, s. 5. (2) In this section, a reference to “contraband” is a reference to property that would be contraband if it were in the possession of an inmate, unless its possession is authorized by the Superintendent. O. Reg. 50/22, s. 5. (3) The Superintendent may authorize specified persons to conduct non-intrusive searches of every person other than an inmate who is entering or who is located on the premises of the correctional institution, or a randomized selection of those persons, even if there is no individualized suspicion that those persons are carrying contraband. O. Reg. 50/22, s. 5. (4) The Superintendent may authorize specified persons to conduct frisk searches of a randomized selection of persons who are not inmates and who are entering or who are located within a secure area of the correctional institution, even if there is no individualized suspicion that those persons are carrying contraband. O. Reg. 50/22, s. 5. (5) The Superintendent may authorize specified persons to conduct a non-intrusive or frisk search of a person other than an inmate who is entering or who is located within a secure area of the correctional institution if the Superintendent has reasonable grounds to believe that the person is carrying contraband. O. Reg. 50/22, s. 5. (6) The Superintendent may authorize specified persons to conduct a search of a person other than an inmate using technology that produces an image of the person’s body, or of a suspected location of contraband on the person’s body, if, (a) the person is entering or is located within a secure area of the correctional institution; (b) the Superintendent has reasonable grounds to believe that the person is carrying contraband; and (c) a non-intrusive or frisk search would not be sufficient to determine whether the person is carrying contraband. O. Reg. 50/22, s. 5. (7) The Superintendent may authorize specified persons to conduct a search of any possessions of a person other than an inmate that are located on the premises of the correctional institution if the Superintendent has reasonable grounds to believe that, (a) the possessions may include contraband; and (b) the person intends to give the contraband to an inmate without authorization. O. Reg. 50/22, s. 5. (8) The authorization described in subsection (7) is not required for the purposes of a search under section 22.1 in respect of items that are in plain sight on the premises of the correctional institution, including items in a staff locker that are in plain sight when the locker door is opened during a locker search. O. Reg. 50/22, s. 5. (9) If a Regional Director, Institutional Services has reasonable grounds to believe that a Superintendent is in possession of contraband, the Regional Director may authorize a search of the Superintendent or of the Superintendent’s possessions under subsection (5), (6) or (7), and those subsections apply to the search with necessary modifications. O. Reg. 50/22, s. 5. (10) Revoked: O. Reg. 190/23, s. 4. (11) A person other than an inmate shall not be subject to a frisk search, a non-intrusive search of their body, or a search described in subsection (6) without their consent, but if they do not consent they may be required to leave the premises of the correctional institution or secure area or may not be permitted to enter the premises or secure area. O. Reg. 50/22, s. 5. 22.3 Searches of inmates and other persons and of their property that are authorized under this Regulation must be conducted in a respectful manner and must take into account any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 5. 23. (1) An inmate shall only be subjected to a frisk search by a person who is of the same gender, unless it is not operationally feasible to have someone of the same gender conduct the search. O. Reg. 190/23, s. 6. (2) Subsection (1) applies subject to any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 6. 23.1 (1) An inmate shall only be subjected to a search using technical means that produces an image of the inmate’s body, including a search using an x-ray body scan, by a person who is of the same gender, unless it is not operationally feasible to have someone of the same gender conduct the search. O. Reg. 190/23, s. 6. (2) Subsection (1) applies subject to any applicable accommodation needs under the Human Rights Code. O. Reg. 190/23, s. 6. 24. (1) A strip search of an inmate is only authorized if it is conducted in the circumstances described in subsection (3), (5) or (9) and in accordance with the other requirements in this section. O. Reg. 316/24, s. 1 (1). (2) A strip search of an inmate may only be conducted by an officer or manager employed in the correctional institution. O. Reg. 316/24, s. 1 (1). (3) An officer or manager may conduct a strip search of an inmate if the officer or manager believes on reasonable grounds that, (a) the inmate is carrying contraband that can be hidden on or within the body; (b) a strip search is needed to confirm the existence of contraband or recover it; and (c) using a less intrusive search method would not be effective at locating contraband or is not operationally feasible. O. Reg. 316/24, s. 1 (1). (4) Before an officer conducts a search in the circumstances described in subsection (3), the officer must obtain the approval of a manager employed in the correctional institution unless the officer believes on reasonable grounds that the time required to obtain a manager’s approval would endanger the security of the correctional institution or the personal safety of any person. O. Reg. 316/24, s. 1 (1). (5) An officer or manager may conduct a strip search of a group of inmates if the officer or manager believes on reasonable grounds that, (a) contraband that can be hidden on or within the body and that poses a clear and substantial danger to human safety or security is present in the area of the correctional institution where the group of inmates is located; (b) a strip search of the group of inmates is needed to confirm the existence of contraband or recover it; and (c) using a less intrusive search method would not be effective at locating contraband or is not operationally feasible. O. Reg. 316/24, s. 1 (1). (6) A strip search that is conducted in the circumstances described in subsection (5) must be limited to as small a group of inmates as is reasonably necessary to confirm the existence of contraband or recover it. O. Reg. 316/24, s. 1 (1). (7) The officer or manager must obtain the personal approval of the Superintendent or, in the absence of the Superintendent, the acting head of the correctional institution before conducting a strip search in the circumstances described in subsection (5) unless, (a) the officer or manager believes on reasonable grounds that the time required to comply with the requirement would endanger the security of the correctional institution or the personal safety of any person; and (b) in the case of an officer, the officer obtains the approval of a manager employed in the correctional institution before conducting the strip search. O. Reg. 316/24, s. 1 (1). (8) Despite section 3, the Superintendent and the acting head of the correctional institution may not delegate their authority to provide approval under subsection (7). O. Reg. 316/24, s. 1 (1). (9) An officer or manager may conduct a strip search of an inmate in any of the following circumstances if a less intrusive search method would not be effective at locating contraband or is not operationally feasible: 1. When an inmate is entering the correctional institution, except if the inmate is returning from an escorted absence during which the inmate was directly observed by an officer or manager at all times. 2. Before the inmate leaves the correctional institution on an escorted absence, including when they are transported to court. 3. Before the inmate is transferred to the custody of another correctional institution, a penitentiary or a psychiatric facility, whether within or outside Ontario. 4. When the inmate is initially held in conditions of confinement that isolate them from other inmates due to a risk of self-harm or physical harm to others. 5. When the inmate is leaving an area within the correctional institution where they had access to potentially dangerous contraband that could be hidden on or within the body. O. Reg. 316/24, s. 1 (1). (10) Before beginning a strip search, the officer or manager conducting the strip search shall inform the inmate of the purpose of the search and the process for conducting it. O. Reg. 316/24, s. 1 (1). (11) An officer or manager conducting a strip search shall conduct the search visually and may verbally direct the inmate’s movements in ways that facilitate the search but, except as permitted by subsections (12) and (13), shall not touch the inmate or, despite clause 7 (1) (d), use force to conduct the strip search. O. Reg. 316/24, s. 1 (1). (12) An officer or manager conducting a strip search may touch the inmate during the search in accordance with a request from the inmate, such as where the inmate requests physical support due to mobility issues. O. Reg. 316/24, s. 1 (1). (13) An officer or manager conducting a strip search may use force in a manner that complies with subsection 7 (2) to conduct the strip search if, (a) the inmate is refusing to comply with a direction or order from the officer or manager to remove some or all of their clothing as part of the strip search; (b) the officer or manager has made reasonable efforts to achieve compliance with the direction or order and has considered alternative options to using force but has determined that there are no alternative options that are adequate and appropriate in the circumstances; and (c) in the case of an officer, the officer has obtained the approval of the Superintendent. O. Reg. 316/24, s. 1 (1). (14) Despite section 3, a Superintendent may only delegate their authority to provide the approval referred to in clause (13) (c) to a manager. O. Reg. 316/24, s. 1 (1). (15) Where an officer or manager uses force to conduct a strip search, the report required by subsection 7 (3) must include a description of the alternative options to using force that were considered by the officer or manager and the reasons why the officer or manager determined that those alternative options were not adequate or appropriate in the circumstances. O. Reg. 316/24, s. 1 (1). (16) The officer or manager conducting the strip search shall not require the inmate’s clothing to be removed for longer than necessary to conduct the search and shall not cause unnecessary embarrassment or humiliation. O. Reg. 316/24, s. 1 (1). (17) The strip search must be witnessed by one other officer or manager. O. Reg. 316/24, s. 1 (1). (17.1) The strip search must be conducted in a manner that ensures that the inmate’s underwear, chest, buttocks and genitals are not visible to any person other than the inmate, the officer or manager conducting the strip search and the witness. O. Reg. 316/24, s. 1 (2). (17.2) Subsection (17.1) does not apply if the officer or manager conducting the strip search believes on reasonable grounds that the time required to comply with the requirement would endanger the security of the correctional institution or the personal safety of any person. O. Reg. 316/24, s. 1 (2). (17.3) Subsection (17.1) does not prohibit closed circuit recording of a strip search for safety or security purposes. O. Reg. 316/24, s. 1 (2). (18) An inmate shall only be subjected to a strip search by an officer or manager who is of the same gender, and the strip search shall only be witnessed by an officer or manager who is of the same gender. O. Reg. 316/24, s. 1 (1). (19) Despite subsection (18), the witness to the strip search may be of a different gender than the inmate if the officer or manager conducting the strip search believes on reasonable grounds that the time required to find a witness of the same gender would endanger the security of the correctional institution or the personal safety of any person. O. Reg. 316/24, s. 1 (1). (19.1) In the circumstances described in subsection (19), the witness shall position themselves so that they can observe the officer or manager conducting the strip search but cannot observe the inmate’s underwear, chest, buttocks or genitals. O. Reg. 316/24, s. 1 (2) (20) For greater certainty, subsections (18) and (19) apply subject to any applicable accommodation needs under the Human Rights Code. O. Reg. 316/24, s. 1 (1). 25. (1) The Superintendent shall ensure that a written record is made of every inmate search and the record shall include, (a) the name of the inmate searched; (b) the reason for the search; and (c) a description of any property seized or damaged in the search. R.R.O. 1990, Reg. 778, s. 25 (1). (2) The Superintendent shall inform an inmate of any seizure or damage to property belonging to the inmate arising from a search conducted without the knowledge of the inmate. R.R.O. 1990, Reg. 778, s. 25 (2). (3) In the case of a strip search, the written record must also include, (a) the names of the officers or managers who conducted and witnessed the search; (b) the date and time of the strip search; (c) where applicable, the name of the person who approved the search or, if the search was not approved, the justification for not having obtained the approval; (d) the circumstances that gave rise to the search; (e) confirmation from the officers or managers who conducted and witnessed the search that they complied with the requirements of section 24; (f) if an exception described in subsection 24 (17.2) or (19) was relied on, the justification for relying on the exception; and (g) whether any Human Rights Code accommodations needs were identified and, if so, how those needs were addressed. O. Reg. 316/24, s. 2. 25.1 (1) The Superintendent shall provide the Minister with statistical information on searches of persons other than inmates in the correctional institution that are authorized under section 22.2 every four months. O. Reg. 50/22, s. 7. (2) The Superintendent shall provide the Minister with information on the use of strip searches in the correctional institution at least once every year. O. Reg. 190/23, s. 9. 26. An inmate who refuses to be searched or resists a search may be held in non-disciplinary segregation until the inmate submits to the search or until there is no longer a need to search the inmate. R.R.O. 1990, Reg. 778, s. 26; O. Reg. 363/19, s. 1; O. Reg. 574/21, s. 6. 27. (1) The Superintendent may seize contraband found during a search described in section 22.1. R.R.O. 1990, Reg. 778, s. 27 (1); O. Reg. 50/22, s. 8. (2) Subject to subsection (3), contraband seized under subsection (1) is forfeit to the Crown. R.R.O. 1990, Reg. 778, s. 27 (2). (3) If the Superintendent determines that the forfeiture of contraband belonging to an inmate would cause undue hardship to the inmate, the Superintendent shall hold the contraband in trust for the inmate until the inmate’s release or discharge from the institution. R.R.O. 1990, Reg. 778, s. 27 (3). (4) The Superintendent shall dispose of contraband that is forfeit to the Crown under subsection (2), (a) if the contraband is money, by depositing it in the Consolidated Revenue Fund; (b) if the contraband has significant resale value, by forwarding it to the Minister who may dispose of it in a manner that the Minister considers appropriate; (c) if the contraband is useful property that does not have significant resale value, by donating it to a person or an organization that undertakes to use it for a charitable purpose; and (d) if the contraband is not described in clause (a), (b) or (c), by destroying it. R.R.O. 1990, Reg. 778, s. 27 (4). Inmate Complaints 28. Where an inmate alleges that the inmate’s privileges have been infringed or otherwise has a complaint against another inmate or employee, the inmate may make a complaint in writing to the Superintendent. R.R.O. 1990, Reg. 778, s. 28. Custody in Restricted Conditions 28.1 The Superintendent shall provide reports to the Minister every four months indicating the number of inmates who were held in highly restricted conditions for 20 to 22 hours per day in the preceding four-month period, along with information on how long they were held in such conditions. O. Reg. 574/21, s. 7. Segregation Requirements 28.2 (1) Inmates shall not be placed in, or remain in, segregation if either of the following circumstances apply: 1. The inmate has reported to the Ministry, or the Ministry is otherwise aware, that a regulated health professional who is qualified to make diagnoses within their clinical scope considers the inmate to be experiencing at least one of the following disorders: i. Amnestic or any other cognitive disorder. ii. Any major depressive disorder. iii. Any neurocognitive disorder. iv. Bipolar disorder I or II. v. Borderline personality disorder. vi. Brief psychotic disorder. vii. Delirium. viii. Delusional disorder. ix. Dementia. x. Obsessive-compulsive disorder. xi. Post-traumatic stress disorder. xii. Psychotic disorder not otherwise specified. xiii. Schizoaffective disorder. xiv. Schizophrenia (any sub-type). xv. Schizophreniform disorder. xvi. Substance-induced psychotic disorder (excluding intoxication and withdrawal). 2. An officer or a manager employed in the Ministry has observed the inmate experiencing at least one of the following or is aware, whether due to a report from the inmate or otherwise, that the inmate is experiencing at least one of the following: i. Significant impairment in judgment, including the inability to make decisions, confusion or disorientation. ii. Significant impairment in thinking, including paranoia or delusions that make the inmate a danger to themselves or others. iii. Significant impairment in mood that interferes with the inmate’s ability to effectively interact with other people, including constant depressed mood with helplessness, hopelessness, agitation or manic mood. iv. Significant impairment in behaviour and communication that interferes with the inmate’s ability to effectively interact with other people. v. Hallucinations, delusions or severe obsessional rituals that interfere with the inmate’s ability to effectively interact with other people. vi. Suicidal ideation resulting in elevated risk for suicide attempts. vii. Self-injury resulting in elevated risk for serious physical or mental injury. O. Reg. 574/21, s. 8 (1). (2) If the Superintendent learns that the circumstances set out in subsection (1) apply to an inmate who is held in segregation, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. O. Reg. 574/21, s. 8 (1). 28.3 (1) The Superintendent shall ensure that inmates are not held in segregation for more than 15 consecutive days. O. Reg. 574/21, s. 8 (1). (2) If an inmate of a correctional institution has been held in segregation for 15 consecutive days, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation. O. Reg. 574/21, s. 8 (1). (3) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not constitute a break in the inmate’s consecutive days of being held in segregation. O. Reg. 574/21, s. 8 (1). 28.4 (1) An inmate who is held in segregation retains, as far as practicable, all rights and privileges as if the inmate were not held in segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a measure under section 30 or 32. O. Reg. 574/21, s. 8 (1, 2). (2) An inmate who is held in segregation shall be given access to all programs and services that they would have been offered outside of segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a measure under section 30 or 32. O. Reg. 574/21, s. 8 (1, 2). (3) The programs and services referred to in subsection (2) may be adapted to the circumstances of segregation to the least restrictive extent reasonable in a manner that is necessary for the security of the correctional institution and the safety of persons. O. Reg. 574/21, s. 8 (1). 28.5 (1) The Superintendent shall ensure that an inmate who is held in segregation is assessed by a health care professional at least once every 24 hours. O. Reg. 574/21, s. 8 (1). (2) Any health care professional who assesses inmates held in segregation, (a) shall be enabled to provide any assessment or treatment the inmate requires; (b) shall report to the Superintendent without delay if, based on their assessment, there is evidence of an increasing risk of adverse effects on the inmate’s mental or physical health as a result of the continuance of the segregation;

and (c) may recommend to the Superintendent that the conditions of confinement be altered in order to minimize any adverse effects on the inmate’s physical or mental health. O. Reg. 574/21, s. 8 (1). (3) A Superintendent who does not follow a recommendation made under clause (2) (c) shall document their rationale and make it available to the person who made the recommendation, the person who conducts reviews of the inmate under section 28.6 and the person who conducts aggregate reviews for the inmate under section 28.8. O. Reg. 574/21, s. 8 (3). 28.6 (1) The Minister shall, (a) review the circumstances of each inmate held in segregation no later than, (i) the fifth consecutive day the inmate is held in segregation, and (ii) each fifth consecutive day the inmate is held in segregation following the day on which a review is held under this section; and (b) order that the inmate be released from being held in segregation, if the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted. O. Reg. 574/21, s. 8 (1). (1.1) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. O. Reg. 574/21, s. 8 (4). (2) In reviewing the circumstances of the inmate held in segregation, the Minister shall consider, (a) any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b) any relevant information from health care professionals who have assessed the inmate in segregation; and (c) where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. O. Reg. 574/21, s. 8 (1). (3) A delegation of the Minister’s functions under this section shall comply with the following rules: 1. The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3. The functions shall not be exercised by anyone who was involved in, i. the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii. in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. 4. The person delegated to must report to the Minister the reasons for continuing to hold an inmate in segregation conditions no later than the 15th consecutive day the inmate is held in such conditions. O. Reg. 574/21, s. 8 (1). 28.7 (1) If an inmate who is no longer being held in segregation had been held in segregation for 15 consecutive days, the Superintendent shall not hold the inmate in segregation again unless at least five days separate the end of the previous period of segregation from the beginning of the new one. O. Reg. 574/21, s. 9. (2) Despite subsection (1), the five-day interval may be shortened if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. O. Reg. 574/21, s. 9. (3) If the five-day interval is shortened pursuant to subsection (2), the Superintendent shall document the specific facts relating to their reasons for shortening the interval and provide that documentation to the Minister. O. Reg. 574/21, s. 9. 28.7.1 For the purposes of sections 28.8 and 28.9, an inmate’s segregation review period shall be determined in accordance with the following rules: 1. The segregation review period begins on the first day in which the inmate is held in segregation. 2. The segregation review period ends on the day immediately before the one-year anniversary of the day the segregation review period began. However, if the inmate is in segregation on the day the segregation review period would have ended, the segregation review period is extended until the day the inmate leaves segregation. 3. After the end of a segregation review period, a new segregation review period begins on the first subsequent day in which the inmate is put back in segregation. 4. Despite paragraph 2, the segregation review period of an inmate immediately ends if they leave the Ministry’s custody. O. Reg. 190/23, s. 10. 28.8 (1) The Minister shall review the circumstances of an inmate’s segregation no later than five days after each of the following times during an inmate’s segregation review period: 1. The 15th aggregate day on which the inmate is held in segregation in the segregation review period, but only if that day occurs within the first 90 days of the segregation review period. 2. The 30th aggregate day on which the inmate is held in segregation in the segregation review period, but only if that day occurs within the first 180 days of the segregation review period. 3. The 45th aggregate day on which the inmate is held in segregation in a segregation review period, regardless of when that day occurs during the segregation review period. O. Reg. 190/23, s. 11. (2) The review must be conducted in consultation with a person employed in the Ministry for the purpose of providing human rights advice. O. Reg. 574/21, s. 9. (3) In reviewing the circumstances of an inmate held in segregation, the Minister shall consider, (a) any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1; (b) any relevant information from health care professionals who have assessed the inmate in segregation; and (c) where applicable, any rationale provided by the Superintendent under subsection 28.5 (3) for not following a recommendation made by health care professionals. O. Reg. 574/21, s. 9. (4) If the Minister is of the opinion that continuing to hold the inmate in segregation is not warranted, the Minister shall order that the inmate be released from being held in segregation. O. Reg. 574/21, s. 9. (5) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. O. Reg. 574/21, s. 9. (6) The calculations described in subsection (1) shall only count days in segregation that occurred on or after the day this section came into force. O. Reg. 574/21, s. 9. (7) A delegation of the Minister’s functions under this section shall comply with the following rules: 1. The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. 3. The functions shall not be exercised by anyone who was involved in, i. the Superintendent’s decision to hold the inmate in disciplinary segregation, or ii. in the case of a non-disciplinary segregation, the Superintendent’s decision to hold the inmate in non-disciplinary segregation or the Superintendent’s review of the inmate under section 28.11. O. Reg. 574/21, s. 9. 28.9 (1) The Superintendent shall ensure that no inmate is held in segregation for more than 60 aggregate days in a segregation review period, subject to subsection (2). O. Reg. 190/23, s. 12. (2) An inmate may be held in segregation for more than 60 aggregate days in a segregation review period if the Superintendent has reasonable grounds to believe holding the inmate in segregation is necessary to address immediate safety or security concerns that cannot be addressed in any other manner and only for as long as those grounds exist. O. Reg. 190/23, s. 12. (3) If the 60-day maximum is exceeded pursuant to subsection (2), the Superintendent shall document the specific facts relating to the grounds for exceeding the maximum and provide that documentation to the Minister. O. Reg. 574/21, s. 9. (4) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not affect the calculation of the aggregate number of days the inmate has been held in segregation. O. Reg. 574/21, s. 9. (5) The calculations described in this section shall only count days in segregation that occurred on or after the day this section came into force. O. Reg. 574/21, s. 9. Non-disciplinary Segregation 28.10 (1) Subject to subsections (2), (3) and (4), the Superintendent may hold an inmate in non-disciplinary segregation if, (a) in the opinion of the Superintendent, the inmate is in need of protection; (b) in the opinion of the Superintendent, the inmate must be held in non-disciplinary segregation to protect the security of the institution or the safety of other inmates; or (c) the inmate refuses to be searched or resists a search as described in section 26. O. Reg. 574/21, s. 10. (2) The Superintendent may hold an inmate in non-disciplinary segregation only in exceptional cases and as a last resort due to an imminent risk to the safety or security of the inmate or others within the institution, and only if all other options to manage the inmate without segregation have been exhausted. O. Reg. 574/21, s. 10. (3) An inmate shall only be held in non-disciplinary segregation for as short a time as possible. O. Reg. 574/21, s. 10. (4) Non-disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. O. Reg. 574/21, s. 10. 28.11 The Superintendent shall, (a) conduct a review of the case of any inmate who is held in non-disciplinary segregation within 24 hours after they begin to be held in non-disciplinary segregation; and (b) release the inmate from being held in non-disciplinary segregation if the Superintendent is of the opinion that continuing to hold the inmate in non-disciplinary segregation is not warranted. O. Reg. 574/21, s. 10. Inmate Misconduct 28.12 (1) The Superintendent shall, as soon as practicable upon admission, provide each inmate, in writing, with any regulations or rules governing the conduct of inmates and a list of the possible disciplinary measures for misconduct. O. Reg. 574/21, s. 11. (2) The Superintendent shall provide an inmate with a copy of the information described in subsection (1) on request. O. Reg. 574/21, s. 11. (3) The regulations or rules governing the conduct of inmates shall also be posted in each inmate’s living unit. O. Reg. 574/21, s. 11. (4) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the regulation or rule is provided to the inmate under subsection (1) or (2) or posted in the inmate’s living unit under subsection (3). O. Reg. 574/21, s. 11. 29. An inmate commits a misconduct if the inmate, (a) wilfully disobeys a lawful order of an officer; (b) commits or threatens to commit an assault upon another person; (c) makes a gross insult, by gesture, use of abusive language or other act, directed at any person; (d) takes or converts to the inmate’s own use or to the use of another person any property without the consent of the rightful owner of the property; (e) damages any property that is not owned by the inmate; (f) has contraband in their possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the institution; (g) creates or incites a disturbance likely to endanger the security of the institution; (h) escapes, attempts to escape or is unlawfully at large from an institution; (i) leaves a cell, place of work or other appointed place without proper authority; (j) gives or offers a bribe or reward to an employee of the institution; (k) counsels, aids or abets another inmate to do an act in contravention of the Act and regulations; (l) obstructs an investigation conducted or authorized by the Superintendent; (m) wilfully breaches or attempts to breach any other regulation or written rule governing the conduct of inmates of which the inmate has received notice or has been deemed to have received notice under section 28.12; or (n) wilfully breaches or attempts to breach any term or condition of a temporary absence. O. Reg. 574/21, s. 12. 30. (1) An officer or a manager employed in a correctional institution who believes an inmate has committed a misconduct shall consider whether to deal with the alleged misconduct by way of the alternative resolution process set out in this section. O. Reg. 574/21, s. 13. (2) In order to use the alternative resolution process to deal with the matter, (a) the officer or manager must determine that the alternative resolution process is appropriate after considering the factors set out in subsection (4); and (b) the inmate must, (i) agree that they committed a misconduct, (ii) consent to the use of the alternative resolution process, and (iii) consent to and comply with the proposed measure. O. Reg. 574/21, s. 13. (3) The alleged misconduct shall be referred to the Superintendent to be dealt with under section 31 or 32 if the requirements in subsection (2) of this section are not met. O. Reg. 574/21, s. 13. (4) In determining whether the alternative resolution process is appropriate and in determining what type of measure would be proportionate and reasonable under this section, the officer or manager shall consider the following factors: 1. The inmate’s degree of awareness that they have committed a misconduct. 2. The degree of intentionality or premeditation in the inmate’s actions. 3. The circumstances around the misconduct, including the degree of provocation involved. 4. The amount of harm or damage and the amount of potential harm or damage. 5. The inmate’s previous conduct. 6. Any disproportionate impacts of the potential measures on a right or entitlement of the inmate under the Human Rights Code, and any other factors related to the Human Rights Code. 7. Any other relevant factors. O. Reg. 574/21, s. 13. (5) If the inmate asks to be provided with access to the social or cultural supports described in section 7.1 to support them during the alternative resolution process, the officer or manager shall make reasonable efforts to provide the inmate with access to those supports. O. Reg. 574/21, s. 13. (6) The officer or manager shall consider and implement measures in accordance with the following rules: 1. First, the officer or manager may implement any of the following measures if they determine that the measures are proportionate and reasonable in response to the misconduct: i. Requiring the inmate to make an apology. ii. Requiring the inmate to attend counselling. iii. Requiring the inmate to attend specified programming. iv. Requiring the inmate to participate in restorative measures that mitigate or make amends for the misconduct. 2. If the officer or manager determines that the measures described in paragraph 1 are not, on their own, proportionate and reasonable in response to the misconduct, they may implement any of the following measures, alone or in combination with any other measures described in this subsection: i. Loss of all or some privileges, including the privilege of purchasing items from the institutional canteen, for a period of not more than seven days. ii. A change of program or work activity. iii. Additional work or duties. iv. A reprimand. O. Reg. 574/21, s. 13. (7) If an officer or manager deals with misconduct by way of the alternative resolution process under this section, they shall, (a) create a record setting out, (i) the details of the misconduct, (ii) how the factors in subsection (4) were considered, and (iii) what measures under subsection (6) were used, if any, and why they were used; and (b) provide the record to their supervisor. O. Reg. 574/21, s. 13. (8) The Superintendent shall provide the Minister with statistical information on the use of alternative resolution measures in the correctional institution every four months. O. Reg. 574/21, s. 13. (9) Misconduct that is dealt with by the alternative resolution process under this section shall not affect the security classification of the inmate within the Ministry’s correctional institutions. O. Reg. 574/21, s. 13. 31. (1) If an inmate is alleged to have committed a misconduct and it has not been dealt with by the alternative resolution process under section 30, the Superintendent shall decide, as soon as possible, whether or not the inmate committed the misconduct. O. Reg. 574/21, s. 14 (2). (2) Before making a decision under subsection (1), the Superintendent shall ensure that the inmate is notified of the allegation and is given an opportunity for an interview, which shall be held no later than 10 days after the day on which the alleged misconduct became known to the Superintendent, to discuss the allegation with the Superintendent. O. Reg. 574/21, s. 14 (2). (3) In determining whether the inmate committed a misconduct and what an appropriate disciplinary measure would be, the Superintendent shall consider, (a) the factors listed in subsection 30 (4); and (b) any relevant information provided by people who provide support to the inmate including, where applicable, any social or cultural supports described in section 7.1. O. Reg. 574/21, s. 14 (2). (4) At the interview with the Superintendent, the inmate is entitled to present arguments and explanations to dispute the allegation, to question the person or persons making the allegation as well as any other witnesses to the incident and to address any of the factors listed in subsection 30 (4). O. Reg. 574/21, s. 14 (2). (5) The Superintendent may permit any person, including an interpreter or a person who provides social or cultural supports described in section 7.1, to attend the interview and assist in any manner that the Superintendent considers appropriate. O. Reg. 574/21, s. 14 (2). (6) The Superintendent may, during an interview held under subsection (2), adjourn the interview, but no such adjournment shall be for more than three clear days, except with the consent of the inmate. O. Reg. 574/21, s. 14 (2). (7) The Superintendent shall inform the inmate within two days after the day of the interview of their decision, the reasons for the decision and the disciplinary measure imposed, if any. O. Reg. 574/21, s. 14 (2). (8) Where the inmate does not notify the Superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wants to have an interview with the Superintendent, the Superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the disciplinary measure imposed, if any. O. Reg. 574/21, s. 14 (2). (9) After making the decision under subsection (7) or (8), the Superintendent shall make a record of the case noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, how the listed factors in subsection 30 (4) were considered and the decision, reasons and disciplinary measure imposed, if any, by the Superintendent in the case. O. Reg. 574/21, s. 14 (2). (10) The inmate shall be provided with a document that sets out the Superintendent’s decision, the reasons for that decision and, if the inmate was found to have committed a misconduct, the disciplinary measure imposed and a statement that the misconduct finding may impact their security classification. O. Reg. 574/21, s. 14 (2). (11) If an inmate who is alleged to have committed a misconduct is absent from the institution, a reasonable attempt to notify the inmate shall constitute sufficient notice for the purpose of this section. O. Reg. 574/21, s. 14 (2). 32. (1) If the Superintendent determines under section 31 that an inmate has committed a misconduct, the Superintendent shall consider the factors set out in subsection 30 (4) to determine what measure is proportionate and reasonable for the misconduct. O. Reg. 574/21, s. 15 (3). (2) The Superintendent may impose one or more of the following measures on the inmate who committed the misconduct, so long as they are proportionate and reasonable: 1. A measure described in paragraph 2 of subsection 30 (6). 2. Disciplinary segregation for a period of not more than 15 days, subject to subsection (3). 3. Revocation of a temporary absence permit. 4. Forfeiture of a portion or all of the remission that stands to the inmate’s credit but no such forfeiture shall exceed 15 days without the Minister’s approval. 5. Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of up to two months. 6. A change of security status. 7. Loss of all or some privileges, including the privilege of purchasing items from the institutional canteen, for a period of more than seven days but not more than 120 days. O. Reg. 574/21, s. 15 (3). (3) Disciplinary segregation shall not be imposed on an inmate in the circumstances set out in section 28.2 and must otherwise comply with the segregation requirements set out in this Regulation. O. Reg. 574/21, s. 15 (3). (4) The Superintendent may, at their discretion, order that a measure that was previously imposed on an inmate under section 30 or under this section be shortened or mitigated. O. Reg. 574/21, s. 15 (3). (5) If the Superintendent has delegated their powers and duties under this section, the personal approval of the Superintendent or, in the absence of the Superintendent, the acting head of the correctional institution is required before the delegate can, (a) impose any of the measures described in paragraphs 2 to 7 of subsection (2); or (b) impose any measure that would have the same effect as a measure that can be imposed under paragraphs 2 to 7 of subsection (2) when combined with other measures that take effect consecutively or at the same time. O. Reg. 574/21, s. 15 (3). 32.1 A delegation of the Superintendent’s functions under section 31 or 32 shall comply with the following rules: 1. The person delegated to must be a manager or someone who is currently acting in the capacity of a manager. 2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Superintendent may set out in the delegation. 3. The functions shall not be exercised by anyone who was directly involved in the misconduct or its related incident. O. Reg. 574/21, s. 16. 32.2 The Superintendent shall provide the Minister with statistical information on the acts of misconduct that have been dealt with under sections 31 and 32 every four months, including statistics on, (a) the number of misconducts found to have been committed under section 31; and (b) the disciplinary measures imposed under section 32. O. Reg. 574/21, s. 17. 33. (1) The Minister, when requested by an inmate, shall review a decision of the Superintendent where, (a) the inmate alleges that the Superintendent did not make the decision in accordance with the procedures set out in this Regulation; or (b) the inmate has been disciplined by having a portion or the whole of their remission forfeited or by receiving a suspension from eligibility to earn remission. O. Reg. 574/21, s. 18. (1.1) In order to trigger a review under subsection (1), an inmate must make a request to the Minister in writing within 30 business days after the day the inmate receives notice of the Superintendent’s decision. O. Reg. 50/22, s. 9 (1). (1.2) In exceptional circumstances or to accommodate any needs related to the Human Rights Code, the Minister may extend the timeline described in subsection (1.1) to up to 90 business days after the day the inmate receives notice of the Superintendent’s decision. O. Reg. 50/22, s. 9 (1). (2) The Superintendent, upon being notified of the Minister’s review, shall immediately provide the Minister with a copy of the Superintendent’s record of the inmate’s case. O. Reg. 574/21, s. 18. (3) Upon completion of the review, the Minister shall confirm or vary the decision of the Superintendent or direct the Superintendent to reconsider the case, and the Minister shall immediately notify the inmate and the Superintendent, in writing, of the decision and the reasons for the Minister’s decision. O. Reg. 574/21, s. 18. (3.1) The Minister must complete their review and notify the inmate and the Superintendent of their decision as required by subsection (3) within 30 business days after the day on which the Superintendent received the request from the inmate. O. Reg. 50/22, s. 9 (2). (4) The decision of the Minister is final. O. Reg. 574/21, s. 18. (5) Subsections (1.1), (1.2) and (3.1) do not apply to a review of a Superintendent’s decision if the decision that is the subject of the review was made before February 18, 2023. O. Reg. 50/22, s. 9 (3). 34.-34.0.2 Revoked: O. Reg. 574/21, s. 19. Temporary Absence 34.1 In sections 35 to 39.1, “Board” means the Ontario Parole Board. O. Reg. 305/01, s. 2; O. Reg. 69/20, s. 1. 35. (1) Every Superintendent and every member of the Board is hereby designated under section 27 of the Act as a person who may authorize the temporary absence of an inmate from a correctional institution. O. Reg. 305/01, s. 2. (1.1) The following persons within the Ministry are hereby designated under section 27 of the Act as persons who may authorize the temporary absence of an inmate from a correctional institution: 1. The Assistant Deputy Minister, Institutional Services. 2. The Executive Director, Institutional Services. 3. Every Regional Director, Institutional Services. O. Reg. 69/20, s. 2 (1). (2) The persons referred to in subsections (1) and (1.1) are hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as persons responsible for authorizing temporary absences. O. Reg. 69/20, s. 2 (2). (3) The Board is hereby designated pursuant to section 7.2 of the Prisons and Reformatories Act (Canada) as an organization responsible for authorizing temporary absences. O. Reg. 305/01, s. 2. 36. (1) Every inmate is eligible to be lawfully absent from an institution during the inmate’s term of imprisonment under the authority of a temporary absence permit issued by the Superintendent, the Board, a member of the Board or a person referred to in subsection 35 (1.1). O. Reg. 69/20, s. 3. (2) Every temporary absence granted to an inmate is a privilege conferred upon the inmate for a specific purpose. O. Reg. 305/01, s. 2. 37. (1) Every request by an inmate for a temporary absence permit shall be submitted in writing to the Superintendent of the institution in which the inmate is confined and shall set out the reasons for the request. O. Reg. 305/01, s. 2. (2) After considering the request for a temporary absence permit, the Superintendent shall, subject to section 38, (a) authorize the temporary absence with or without conditions; or (b) deny the request for a temporary absence. O. Reg. 151/03, s. 1. (3) The Superintendent shall promptly notify the inmate in writing of his or her decision with reasons. O. Reg. 305/01, s. 2. 38. (1) The Superintendent may refer a request under section 37 for a temporary absence permit to the chair of the Board if granting the request would authorize an inmate to be absent from an institution unescorted for a period of 72 hours or longer. O. Reg. 305/01, s. 2; O. Reg. 69/20, s. 4 (1). (1.1) Before a person referred to in subsection 35 (1.1) issues a temporary absence permit that would authorize an inmate to be absent from an institution unescorted for a period of 72 hours or longer, the person may refer consideration of the permit to the chair of the Board. O. Reg. 69/20, s. 4 (2). (2) The chair of the Board shall submit a referral received under subsection (1) or (1.1) to the Board or to a member of the Board, and the Board or member of the Board shall review the matter as soon as possible and, in any case, not later than 30 days after the chair has received the referral. O. Reg. 69/20, s. 4 (3). (3) An inmate is entitled to make submissions to the Board or a member of the Board, as the case may be, in support of the referral and the Board or member of the Board may permit any other person, including an interpreter, to also participate for the purpose of assisting the Board or member in the review. O. Reg. 69/20, s. 4 (4). (3.1) The Board may, in its absolute discretion, hold an oral, electronic or written hearing when considering the referral. O. Reg. 69/20, s. 4 (4). (4) After considering the referral for a temporary absence permit, the Board or member of the Board shall, (a) authorize the temporary absence with or without conditions; or (b) deny the request for a temporary absence. O. Reg. 151/03, s. 2; O. Reg. 69/20, s. 4 (5). (5) The Board or member of the Board shall promptly notify the inmate in writing of the decision with reasons. O. Reg. 305/01, s. 2. (6) An inmate who is aggrieved by a denial under this section of a temporary absence permit may request in writing that the chair of the Board review the decision. O. Reg. 305/01, s. 2. (7) Upon receiving a request under subsection (6), the chair or the chair’s delegate shall review the decision and shall, (a) order the Board or the member of the Board to reconsider the application for a temporary absence permit; or (b) uphold the original decision, and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2. 39. The Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1), as the case may be, upon granting a temporary absence permit, may impose any conditions that they consider appropriate. O. Reg. 69/20, s. 5. 39.1 (1) The Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1) may cancel a temporary absence permit granted by them, before or after the beginning of the temporary absence, if, (a) the inmate has breached or attempted to breach a condition of the temporary absence permit; (b) the Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1) considers it necessary and justified in order to prevent a breach of a condition of the temporary absence permit; (c) the grounds for granting the temporary absence permit have changed or no longer exist; or (d) the request has been reassessed, based on new information that could not reasonably have been provided when the temporary absence permit was granted. O. Reg. 305/01, s. 2; O. Reg. 69/20, s. 6 (1, 2). (2) If a temporary absence permit is cancelled, the Superintendent, Board, member of the Board or person referred to in subsection 35 (1.1), as the case may be, (a) shall order the inmate to return immediately to the correctional institution, with reasons for the cancellation; and (b) may have a notice of cancellation issued for the inmate’s apprehension and recommittal. O. Reg. 305/01, s. 2; O. Reg. 69/20, s. 6 (3). (3) An inmate who is aggrieved by the cancellation of his or her temporary absence permit that had been granted by the Board or a member of the Board may request in writing that the chair of the Board review the decision. O. Reg. 305/01, s. 2. (4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and any submissions made by the inmate and shall, (a) reauthorize the temporary absence of the inmate; or (b) uphold the cancellation of the temporary absence permit, and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 305/01, s. 2. (4.1) An inmate who is aggrieved by the cancellation of his or her temporary absence permit that had been granted by a person referred to in subsection 35 (1.1) may request in writing that the Deputy Minister review the decision. O. Reg. 69/20, s. 6 (4). (4.2) Upon receiving a request under subsection (4.1), the Deputy Minister shall review the decision and any submissions made by the inmate and shall, (a) direct the person who made the decision to reauthorize the temporary absence of the inmate; or (b) uphold the cancellation of the temporary absence permit, and shall promptly notify the inmate in writing of the results of the review with reasons. O. Reg. 69/20, s. 6 (4). (5) If an inmate is alleged to have committed a misconduct described in clause 29 (1) (o) in connection with his or her actions for which the temporary absence permit was cancelled, the Superintendent shall take into consideration the reasons given under subsections (2), (4) and (4.2) when determining if the inmate has committed the misconduct. O. Reg. 305/01, s. 2; O. Reg. 69/20, s. 6 (5). 39.2 Any proceeding begun under this Regulation before this section comes into force in respect of a request for a temporary absence permit or the suspension or cancellation of a temporary absence permit shall be completed in accordance with this Regulation as it read immediately before this section comes into force. O. Reg. 305/01, s. 2. 39.3 Any proceeding begun under this Regulation before this section comes into force in respect of a request for a temporary absence permit or the suspension or cancellation of a temporary absence permit shall be completed in accordance with this Regulation as it read immediately before this section comes into force. O. Reg. 69/20, s. 7. Assistance Upon Release or Discharge 40. The Minister or an employee designated by the Minister may give a gratuity or such other assistance to an inmate upon his or her release or discharge from an institution as the Minister or employee considers will aid the rehabilitation of the inmate. O. Reg. 132/09, s. 6. PART II PAROLE 40.1 In this Part, “victim” means, (a) a victim within the meaning of section 36.1 of the Act who is a victim of an inmate in respect of the offence for which the inmate is seeking parole, and (b) if the person described in clause (a) is under 16 years of age, includes the person’s parent, within the meaning of section 1 of the Family Law Act, or guardian. O. Reg. 151/03, s. 3; O. Reg. 574/21, s. 20. 41. (1) The portion of the term of imprisonment that an inmate must serve before parole may be granted is one-third of the total term of imprisonment imposed upon the inmate. R.R.O. 1990, Reg. 778, s. 41 (1). (2) Despite subsection (1), the Board may parole an inmate at any time where, in the opinion of the Board, compelling or exceptional circumstances exist that warrant the inmate’s parole. R.R.O. 1990, Reg. 778, s. 41 (2). (3) Every inmate sentenced to imprisonment in an institution shall be notified in writing by the Ministry of the inmate’s parole eligibility date no later than two months after the date on which the inmate was sentenced. R.R.O. 1990, Reg. 778, s. 41 (3). 42. (1) Where an inmate is serving a term of imprisonment of less than six months, the inmate may apply to the Board for parole at any time. R.R.O. 1990, Reg. 778, s. 42 (1). (2) An inmate referred to in subsection (1) is not entitled to a hearing before the Board. R.R.O. 1990, Reg. 778, s. 42 (2). 43. (1) Where an inmate is serving a term of imprisonment of six months or more, the Board shall consider the inmate for parole before the parole eligibility date. O. Reg. 363/19, s. 4. (2) The Board shall consider the inmate for parole whether or not the inmate has applied for parole, unless the inmate waives in writing being considered for parole. O. Reg. 363/19, s. 4. (3) The inmate may withdraw the waiver, and if they do so, the Board shall proceed on a reasonable timeline to consider the inmate for parole. O. Reg. 363/19, s. 4. 43.1 (1) An inmate who is being considered for parole under section 43 is entitled to a hearing. O. Reg. 363/19, s. 4. (2) The inmate may waive in writing their entitlement to a hearing, and if they do so, the Board is not required to hold a hearing. O. Reg. 363/19, s. 4. (3) The inmate may withdraw the waiver before the Board makes a decision regarding the parole, and if they do so, the Board shall proceed to conduct a hearing. O. Reg. 363/19, s. 4. 44. (1) Where the Board is considering whether or not an inmate is a suitable inmate to be granted parole the Board may obtain and consider any information that the Board considers useful and relevant regarding the character, abilities and prospects of the inmate, and in particular the Board may obtain and consider, (a) particulars of the inmate’s trial, conviction and sentence; (b) particulars of the inmate’s criminal record; (c) information from persons knowledgeable about the inmate’s background and living conditions before the inmate was confined in the institution; (d) a report from the Superintendent of the institution assessing the progress made by the inmate towards rehabilitation; and (e) a report from a health care professional concerning the inmate’s physical condition and mental health. R.R.O. 1990, Reg. 778, s. 44 (1). (2) Where the Board conducts a hearing to determine whether or not an inmate is a suitable inmate to be granted parole, (a) the inmate shall, if reasonable in the circumstances, be given at least 48 hours notice of the hearing; (b) the inmate be given an opportunity to make submissions to the Board on his or her own behalf; (c) the Board may permit any person, including an interpreter, to assist in any manner that the Board considers appropriate; and (d) the Board shall, in the form and manner that it considers appropriate, inform the inmate of any information in the Board’s possession that may affect its decision. R.R.O. 1990, Reg. 778, s. 44 (2); O. Reg. 69/20, s. 8 (1). (3) The Board may, in its absolute discretion, hold an in-person, electronic or written hearing when holding a hearing under subsection (2). O. Reg. 69/20, s. 8 (2). 44.1 A victim of the inmate may make submissions to the Board before it conducts a hearing under subsection 44 (2), in any form that the Board considers appropriate, including written submissions or an interview in person or by telephone or other means of communication with the Board or with a person or persons designated by the chair of the Board. O. Reg. 151/03, s. 5. 44.2 (1) In the case of an in-person or electronic hearing, a victim of the inmate may apply to the Board if he or she wishes to participate in the inmate’s parole hearing. O. Reg. 69/20, s. 9 (1). (2) In the case of an in-person hearing, the Board shall approve a victim’s application unless, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that, (a) there is insufficient time before the hearing, (i) to obtain security clearance for the victim and a person to assist the victim to attend at the correctional institution, or (ii) to arrange for the hearing to be held in a room that has adequate space for all the persons attending the hearing; or (b) the security of the correctional institution or the personal safety of any person, including the victim, may be compromised by the victim’s attendance at the hearing. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 9 (2). (3) If the Board denies a victim’s application to participate in a hearing, the victim may request in writing that the chair of the Board review the decision. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 9 (3). (4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and, based on the advice of the Superintendent referred to in subsection (2), shall uphold, reverse or amend the original decision of the Board. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 9 (4). (5) If the Board approves a victim’s application to participate in a parole hearing, the inmate shall be promptly notified of the fact. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 9 (5). 44.3 (1) A victim who has been given permission to participate in a hearing may participate in the hearing by making submissions to the Board on, (a) the effects and impact of the offence at the time of the offence on the victim and on any relative or spouse of the victim; (b) the continuing effects and impact of the offence on the victim and on any relative or spouse of the victim; and (c) the victim’s and any relative or spouse of the victim’s recommendations with respect to the granting of parole to the inmate and, if parole is granted, to any conditions that should be attached to the inmate’s parole to protect the victim and the community at large. O. Reg. 151/03, s. 5; O. Reg. 295/05, s. 1 (1); O. Reg. 69/20, s. 10 (1). (2) A victim may be assisted during an inmate’s parole hearing by any person and, in exceptional circumstances, the Board may permit a victim to be assisted during the hearing by more than one person. O. Reg. 69/20, s. 10 (2). (3) A person participating in a parole hearing to assist a victim may only do so, (a) by translating for the victim; and (b) at the discretion of the Board, by speaking on behalf of a victim who has a mental or physical disability that prevents him or her from communicating clearly. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 10 (3). (4) In subsection (1), “relative” means a person related to the victim by blood, marriage or adoption; (“parent”) “spouse” has the same meaning as in section 29 of the Family Law Act. (“conjoint”) O. Reg. 295/05, s. 1 (2). 44.3.1 (1) Any person, other than a victim, may apply to the Board in writing if he or she wishes to attend an inmate’s in-person parole hearing as an observer. O. Reg. 152/03, s. 1; O. Reg. 69/20, s. 11 (1). (2) The Board may approve or deny a person’s application to attend as an observer and, in making that decision, shall consider, (a) the views of any victim who has been permitted by the Board to attend the hearing; and (b) the need to preserve the confidentiality of information provided at the hearing and of the sources of that information. O. Reg. 152/03, s. 1. (3) The Board shall not approve a person’s application to attend as an observer if, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that, (a) there is insufficient time before the hearing to obtain security clearance for the person to attend at the correctional institution; (b) the room in which the hearing is to be held does not have adequate space for the person to attend; or (c) the security of the correctional institution or the personal safety of any person, including the person who applied to attend as an observer, may be compromised by the person’s attendance at the hearing. O. Reg. 152/03, s. 1. (4) If the Board approves a person’s application to attend an in-person parole hearing as an observer, the inmate shall be promptly notified of the fact. O. Reg. 152/03, s. 1; O. Reg. 69/20, s. 11 (2). (5) If the Board denies a person’s application to attend an in-person parole hearing as an observer, it shall notify the person in writing of the denial and the reasons for it. O. Reg. 152/03, s. 1; O. Reg. 69/20, s. 11 (2). (6) There is no review or appeal from a decision of the Board under this section. O. Reg. 152/03, s. 1. 44.3.2 A person who has been given permission to attend an in-person hearing as an observer may not participate in the hearing in any way. O. Reg. 152/03, s. 1; O. Reg. 69/20, s. 12. 44.3.3 In the case of an in-person hearing, a victim, a person who assists a victim or a person who attends as an observer shall not bring a camera or electronic recording device of any kind into the correctional institution or hearing room. O. Reg. 69/20, s. 13. 44.3.4 No person, other than a person employed in the administration of the Act, shall record a hearing in any manner. O. Reg. 69/20, s. 13. 44.4 If, at any point during a hearing under subsection 44 (2), the Board is of the opinion that the orderly conduct of the hearing is being disrupted, the Board may, (a) in the case of an in-person hearing, (i) request that any person, other than the inmate, be excluded from the hearing room for any portion of or the remainder of the hearing; or (ii) adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the resumed hearing; or (b) in the case of any other type of hearing, make any order the Board considers appropriate in order to maintain the orderly conduct of the hearing. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 14. 44.5 Upon the conclusion of a hearing under subsection 44 (2) and upon consideration of the matters referred to in subsection 44 (1), the submissions of any victims made under section 44.1 or subsection 44.3 (1) and the submissions of the inmate, the Board may, (a) grant parole upon such terms and conditions as it considers necessary; or (b) refuse to grant parole, and the Board shall notify the inmate of its decision and the reasons for the decision. O. Reg. 151/03, s. 5; O. Reg. 69/20, s. 15. 45. (1) An inmate whose parole is reviewed under subsection 39 (2) of the Act is entitled to a hearing before the Board unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 45 (1). (2) Where the Board conducts a review of parole under subsection 39 (2) of the Act, the Board may obtain and consider any information that the Board considers useful and relevant, including any records relating to the decision to grant the inmate parole and information about the inmate’s conduct while on parole. R.R.O. 1990, Reg. 778, s. 45 (2). (3) Where the Board conducts a hearing in the course of a review of parole under subsection 39 (2) of the Act, subsection 44 (2) applies to the hearing with necessary modifications. R.R.O. 1990, Reg. 778, s. 45 (3). (4) Upon consideration of the matters referred to in subsection (2) and the arguments and submissions, if any, of the inmate, the Board may, (a) allow the inmate to continue on parole; or (b) revoke parole, and the Board shall notify the inmate in writing of its decision and the reasons for the decision. R.R.O. 1990, Reg. 778, s. 45 (4). 46. (1) An inmate who is aggrieved by a decision of the Board may request in writing that the chair of the Board review the decision. R.R.O. 1990, Reg. 778, s. 46 (1). (2) Upon receiving a request under subsection (1), the chair or the chair’s delegate shall review the decision and shall, (a) order a new hearing; or (b) uphold the original decision of the Board, and shall forthwith notify the inmate in writing of the results of the review with reasons. R.R.O. 1990, Reg. 778, s. 46 (2). 47. (1) An inmate who has received parole shall not be allowed to begin parole without signing a certificate of parole setting out the conditions of the parole. R.R.O. 1990, Reg. 778, s. 47 (1). (2) Despite subsection (1), the Board may authorize an inmate to be allowed to begin parole before the certificate of parole has been completed and signed where the Board is of the opinion that compelling or exceptional circumstances warrant the authorization. R.R.O. 1990, Reg. 778, s. 47 (2). 48. It is a condition of every grant of parole, unless the Board orders otherwise, that the parolee shall, (a) remain within the jurisdiction of the Board; (b) keep the peace and be of good behaviour; (c) obtain the consent of the Board or the parole supervisor for any change of residence or employment; (c.1) keep a copy of his or her certificate of parole with him or her at all times and produce it to a probation officer, parole officer or police officer on request, unless, under subsection 47 (2), the certificate of parole has not been completed and signed;

(d) report as required to the parole supervisor and the local police service; and (e) refrain from associating with any person who is engaged in criminal activity or, unless approved by the parole supervisor, with any person who has a criminal record. R.R.O. 1990, Reg. 778, s. 48; O. Reg. 320/02, s. 2; O. Reg. 121/24, s. 1. 49. Revoked: O. Reg. 164/10, s. 4. 50. Revoked: O. Reg. 260/99, s. 2. 51. Where the Board has granted parole to an inmate to permit the deportation of the inmate, the Board may remit any remaining portion of the inmate’s term of imprisonment. R.R.O. 1990, Reg. 778, s. 51. PART III COMMUNITY RESOURCE CENTRES 52. (1) The director of a community resource centre is responsible for the management of the centre and for the care, health, discipline, safety and custody of the inmates under the director’s authority, and, without limiting the generality of the foregoing, the director shall, (a) supervise the admission and release of each inmate from the centre; (b) supervise the disposition of inmate property; and (c) supervise the admission and conduct of persons visiting the centre. R.R.O. 1990, Reg. 778, s. 52 (1). (2) The director shall, (a) administer the community resource centre in accordance with the Act, the regulations, the agreement between the centre and the Ministry, and any instructions issued from time to time by the Minister to the director; and (b) ensure that inmates are informed of their duties and privileges while in custody at the community resource centre. R.R.O. 1990, Reg. 778, s. 52 (2). 53. The provisions of this Regulation governing the disposition of inmate property apply, with necessary modifications, to the property of an inmate who is admitted to a community resource centre. R.R.O. 1990, Reg. 778, s. 53. 54. The provisions of this Regulation governing the management of money earned by an inmate while in custody at a correctional institution apply, with necessary modifications, to the management of money earned by an inmate while in custody at a community resource centre. R.R.O. 1990, Reg. 778, s. 54. 55. There shall be an inspection or investigation by the Ministry of every community resource centre from time to time and, in any event, at least once in each year and each director shall provide access and assist an inspector from the Ministry as fully as possible in the conduct of an inspection or investigation. R.R.O. 1990, Reg. 778, s. 55. PART IV (sections 56-58) Revoked: O. Reg. 132/09, s. 7. PART V DISCLOSURE OF PERSONAL INFORMATION 59. In this Part, an individual shall be deemed to be charged with an offence if he or she, (a) is arrested and released in accordance with Part XVI of the Criminal Code (Canada); or (b) is served with a summons under Part III of the Provincial Offences Act in relation to an offence for which an individual may be arrested, even if an information has not been laid at the time the summons is served. O. Reg. 266/98, s. 1. 60. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual to a chief of police or his or her designate if, (a) the individual has been convicted or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act; (b) the person who would disclose the personal information reasonably believes that the individual poses a significant risk of harm to other persons or property; and (c) the person who would disclose the personal information reasonably believes that the disclosure will reduce that risk. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 5. (2) If subsection (1) applies, the person authorized by that subsection to disclose personal information may disclose any personal information about the individual that the authorized person reasonably believes will reduce the risk posed by the individual. O. Reg. 266/98, s. 1. 61. For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to any person the following personal information about an individual who has been charged with, convicted of or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act: 1. The individual’s name, date of birth and address. 2. The offence with which he or she has been charged or of which he or she has been convicted or found guilty and the sentence, if any, imposed for that offence. 3. The outcome of all significant judicial proceedings relevant to the offence. 4. The procedural stage of the criminal justice process to which the prosecution of the offence has progressed and the physical status of the individual in that process (for example, whether the individual is in custody, or the terms, if any, upon which he or she has been released from custody). 5. The date of the release or impending release of the individual from custody in relation to the offence, including any release on parole or temporary absence. O. Reg. 164/10, s. 6. 62. (1) In this section, “victim” means a person who, as a result of the commission of any offence under the Criminal Code (Canada) by another, suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the offence results in the death of the person, includes, (a) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and (b) a dependant or spouse of the person, both within the meaning of section 29 of the Family Law Act, but does not include a child, parent, dependant or spouse who is charged with or has been convicted of committing the offence. O. Reg. 295/05, s. 2; O. Reg. 574/21, s. 21. (2) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose to a victim the following information about an individual who is alleged to have committed the offence, if the victim requests the information: 1. The progress of investigations that relate to the offence. 2. The charges laid with respect to the offence and, if no charges are laid, the reasons why no charges are laid. 3. The dates and places of all significant proceedings that relate to the prosecution. 4. The outcome of all significant proceedings, including any proceedings on appeal. 5. Any pretrial arrangements that are made that relate to a plea that may be entered by the accused at trial. 6. The interim release and, in the event of conviction, the sentencing of an accused. 7. Any disposition made under section 672.54 or 672.58 of the Criminal Code (Canada) in respect of an accused who is found unfit to stand trial or who is found not criminally responsible on account of mental disorder. 8. Any application for release or any impending release of the individual convicted of the offence, including release in accordance with a program of temporary absence, on parole or on an unescorted temporary absence pass. 9. Any escape from custody of the individual convicted of the offence. 10. If the individual accused of committing the offence is found unfit to stand trial or is found not criminally responsible on account of mental disorder, i. any hearing held with respect to the accused by the Review Board established or designated for Ontario pursuant to subsection 672.38 (1) of the Criminal Code (Canada), ii. any order of the Review Board directing the absolute or conditional discharge of the accused, and iii. any escape of the accused from custody. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 7. 63. (1) For the purposes of subsection 10 (2) of the Act, a person designated under that subsection may disclose personal information about an individual in the circumstances described in subsection (2) to, (a) any police service in Canada; (b) any correctional or parole authority in Canada; or (c) any person or agency engaged in the protection of the public, the administration of justice or the enforcement of or compliance with any federal or provincial Act, regulation or government program. O. Reg. 266/98, s. 1; O. Reg. 164/10, s. 8 (1); O. Reg. 121/24, s. 2. (2) Subsection (1) applies if the individual is under investigation of, is charged with, or is convicted or found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other federal or provincial Act and if the circumstances are such that disclosure is required for the protection of the public, the administration of justice or the enforcement of or compliance with any federal or provincial Act, regulation or government program. O. Reg. 266/98, s. 1. (3) In disclosing personal information under this section to an agency that is not engaged in the protection of the public or the administration of justice, the person making the disclosure shall follow the procedures set out in any memorandum of understanding entered into between the agency and the Ontario Parole Board or the Minister, as the case may be. O. Reg. 164/10, s. 8 (2). 64. In deciding whether or not to disclose personal information under this Part, the person who is authorized to disclose the information shall consider the availability of resources and information, what is reasonable in the circumstances of the case, what is consistent with the law and the public interest and what is necessary to ensure that the resolution of criminal proceedings is not delayed. O. Reg. 266/98, s. 1. Form 1 Revoked: O. Reg. 260/99, s. 3.