Commissioner's Directive

Date:
2008-05-05

Number - Numéro:
259

EXPOSURE TO SECOND HAND SMOKE

Issued under the authority of the Commissioner of the Correctional Service of Canada

PDF (539 KB)

Policy Bulletin 248

POLICY OBJECTIVE

  1. To enhance health and wellness by eliminating exposure to second-hand smoke at all federal correctional facilities. To achieve this objective, smoking will not be permitted indoors or outdoors within the perimeter of federal correctional facilities, including Community Correctional Centres (CCCs).

AUTHORITIES

  1. Canada Labour Code - Part II

    Treasury Board Policy on Smoking in the Workplace – Part 1 of 2

    http://laws.justice.gc.ca/en/showdoc/cs/N-23.6/20071211/en? Non-smokers’ Health Act and http://laws.justice.gc.ca/en/showdoc/cr/SOR-90-21/20071211/en? Non-smokers’ Health Regulations

    Canadian Charter of Rights and Freedoms, subsection 2(a)

    Corrections and Conditional Release Act, sections 4, 38-44, 70, 74 and 83

    Corrections and Conditional Release Regulations, sections 25-41, 100 and 101

CROSS-REFERENCES

  1. Commissioner's Directive 001 - Mission of the Correctional Service of Canada

    Commissioner's Directive 006 - Classification of Institutions

    Commissioner's Directive 060 - Code of Discipline

    Guidelines 335 - Fleet Management

    Commissioner's Directive 566-3 - Inmate Movement

    Commissioner's Directive 566-12 - Personal Property of Inmates

    Commissioner's Directive 580 - Discipline of Inmates

    Commissioner's Directive 702 - Aboriginal Programming

    Commissioner's Directive 770 - Visiting

    Commissioner's Directive 860 - Inmate's Money

    Commissioner's Directive 890 - Inmate's Canteen

    Standards of Professional Conduct in the Correctional Service of Canada

    Code of Discipline in the Correctional Service of Canada

    Values and Ethics Code for the Public Service – Part 1 of 2

DEFINITIONS

  1. Unauthorized smoking items: smoking items including, but not limited to, 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.
  2. Perimeter of a correctional facility: the fence, wall or designated out-of-bounds area surrounding a facility.

PRINCIPLE

  1. The Service is committed to maintaining a healthy environment for those living, working and visiting correctional facilities while accommodating religious and spiritual practices without discrimination.

SMOKING RESTRICTIONS

  1. Offenders, staff members, contractors, volunteers 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 members, contractors, volunteers and visitors must not possess unauthorized smoking items within the perimeter of a correctional facility.

RESPONSIBILITIES

  1. The Regional Deputy Commissioner in consultation with the Director General, Aboriginal Initiatives will approve all site specific implementation plans to ensure the appropriate accommodation of Aboriginal spiritual practices.
  2. The Institutional Head or District Director (CCCs) will:
    1. ensure that staff members, offenders, contractors, volunteers and visitors are informed that smoking is prohibited as per paragraphs 7-9;
    2. provide educational information to staff and offenders who wish to quit smoking;
    3. develop and maintain site specific implementation plans in consultation with staff members, offenders and local Occupational Health and Safety Committees;
    4. ensure implementation plans include accommodations for religious and spiritual practices in individual cells, rooms and in groups to the extent safely possible (accommodations will be made in consultation with religious leaders, Elders or Aboriginal advisory bodies as appropriate);
    5. allow Elders and anyone else pre-approved by the Institutional Head to carry medicine bundles into the institution that may include, but is not limited to, tobacco and some type of ignition source; and
    6. develop a Standing Order in consultation with:
      1. Chaplains, other religious leaders and regional Chaplaincy staff, to address other spiritual practices that could be impacted by this policy; and
      2. Elders or Aboriginal advisory bodies and the regional Aboriginal Initiatives staff which will include all aspects of Aboriginal spiritual practices such as:
        • ensuring access to tobacco and ignition sources for smudging for the duration of a private family visit and for ceremony and protocol purposes,
        • ensuring access to a specific location for group ceremonies,
        • purchasing of tobacco, and
        • distribution, handling and storage of tobacco.

REPORTING

  1. Staff members will report any incident of smoking in violation of this policy to management.

DISCIPLINE

Employees

  1. Employees who are in violation of this policy are subject to the employee disciplinary process.

Offenders

  1. Inmates who are in violation of this policy are subject to the inmate disciplinary process.
  2. Offenders who are in violation of this policy are subject to administrative sanctions as deemed appropriate by the District Director.

Other

  1. 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
Keith Coulter