Commissioner's Directive

Exposure to Second Hand Smoke

PURPOSE

  • To enhance health and wellness of staff, offenders and visitors, while at the same time ensuring the accommodation of Aboriginal and other religious and spiritual practices

APPLICATION

Applies to all staff, offenders and visitors

SMOKING RESTRICTIONS

  1. Offenders, staff members, and visitors are not permitted to smoke inside correctional facilities (including private family visiting units) or outdoors within the perimeter of a correctional facility.
  2. Smoking is only permitted outside the perimeter of a correctional facility in an area designated by the Institutional Head or District Director.
  3. Smoking is not permitted inside CSC vehicles.

POSSESSION RESTRICTIONS

  1. Staff and visitors are not permitted to bring unauthorized smoking items into a correctional facility. Tobacco and ignition sources used for the purpose of Aboriginal, and other religious and spiritual practices are considered authorized items, and will be accommodated as per CD 566-1 ’ Control of Entry to and Exit from Institutions ’ Annex B.
  2. Authorized staff and visitors, as well as Elders and other religious and spiritual leaders, pre ­approved by the Institutional Head, are permitted to carry spiritual items into the institution. The spiritual items may include, but are not limited to tobacco, ceremonial pipes and ignition sources.

RESPONSIBILITIES AND PROCEDURES

  1. The Regional Deputy Commissioner in consultation with the Director General, Aboriginal Initiatives, and the Director General, Chaplaincy, will approve Standing Orders dealing with the accommodation of Aboriginal, religious and spiritual practices to ensure they are appropriate.
  2. The Institutional Head or District Director (CCCs) will ensure:
    1. that staff members, offenders, and visitors are informed that smoking is prohibited
    2. that educational information is provided to offenders who wish to quit smoking
    3. that a Standing Order for institutions is developed in consultation with Elders, Aboriginal advisory bodies, regional Aboriginal Initiatives staff, Chaplains, regional Chaplaincy staff and other religious leaders to accommodate Aboriginal, religious, and spiritual practices. The standing order will address the following:
      1. ensuring offender access to tobacco and ignition sources for personal smudging in individual cells, rooms, and common areas, including segregation, to the extent safely possible
      2. ensuring access to tobacco and ignition sources for smudging for the duration of a private family visit
      3. ensuring access to tobacco and ignition sources for group ceremonial practice
      4. ensuring that, for the purposes of offerings and protocol, that tobacco is permitted
      5. ensuring that there are designated indoor spaces sufficient for group ceremonies
      6. purchasing, distribution, handling and storage of tobacco and ignition sources, as well as other materials used for religious or spiritual practices
      7. procedures for ensuring the accommodation of religious and spiritual practices during lockdown
    4. that procedures are documented in a Standing Order for CCCs that ensures the accommodation of spiritual and religious practices, including the accommodation of tobacco and ignition sources, for the purposes of smudging and religious practice. An indoor space is required for personal prayer and spiritual practice.

NICOTINE GUM

  1. Pursuant to CD 890 ’ Inmate Owned Canteens, nicotine gum may be available to inmates through the canteen.
  2. Inmates can find Information on smoking cessation through institutional Health Services.
  3. Staff can find information on smoking cessation on Health Canada's website.

REPORTING

  1. Staff members will report any incident of smoking in violation of this policy or the institutional Standing Order to management.

DISCIPLINE

  1. Employees who are in violation of this policy or the institutional Standing Order are subject to the employee disciplinary process.
  2. Inmates who are in violation of this policy or the institutional Standing Order are subject to the inmate disciplinary process.
  3. Offenders who are in violation of this policy or the Standing Order are subject to administrative sanctions as deemed appropriate by the District Director.
  4. CSC contractors, volunteers and visitors who are in violation of this policy will be requested to cease smoking or dispose of any unauthorized smoking items and if they persist will be directed to leave the institution or CCC.

Commissioner,

Original Signed by:
Don Head

ANNEX A

CROSS-REFERENCES AND DEFINITION

CROSS-REFERENCES

DEFINITION

Unauthorized smoking items: smoking items including, but not limited to, cigarettes, e-cigarettes, cigars, tobacco, chewing tobacco, cigarette making machines, matches and lighters are unauthorized items within the meaning of section 2 of the Corrections and Conditional Release Regulations, except tobacco and ignition sources used for the accommodation of Aboriginal spirituality or other religious practices.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.