Commissioner's Directive

Policy Objective

1. To establish procedures for the appropriate use of chemical and inflammatory agents that are limited to only what is necessary and proportionate to attain the purpose of the Corrections and Conditional Release Act, and that contribute to safe institutional environments, including the safety of staff, visitors and inmates.

Authorities

2. Corrections and Conditional Release Act (CCRA), sections 3.1 and 4

Corrections and Conditional Release Regulations, section 73

Criminal Code, sections 25 and 27

Application

3. This Commissioner’s Directive applies to staff involved in the control, deployment and use of chemical and inflammatory agents and excludes Community Correctional Centres.

Responsibilities

4. The Director General, Security, will:

1. ensure approved chemical and inflammatory agents are listed in the Security Equipment Manual; and
2. provide the regions with direction on the proper storage, handling and use of chemical and inflammatory agents in compliance with the Situation Management Model (see CD 567).

5. The Assistant Deputy Commissioner, Institutional Operations, will ensure that the institutions are provided with support on the storage, handling and use of chemical and inflammatory agents in compliance with the Situation Management Model.

6. The Institutional Head will:

1. ensure that Correctional Officers are trained in the use of chemical and inflammatory agents and recertified as per the National Training Standards;
2. ensure procedures are in place for the safe storage, handling and deployment of chemical and inflammatory agents, including a control log which will:
   1. identify the designated posts where chemical or inflammatory agents will be issued, and
   2. document the weight of the agents at time of issuance and upon return;
3. authorize the planned use of chemical or inflammatory agents;
4. authorize the issuance of inflammatory agents to Correctional Officers, to be worn on their person, who are working in direct contact with inmates at:
   1. maximum security institutions, including women's secure units,
   2. medium security male institutions, and
   3. Regional Treatment Centres and Regional Psychiatric Centres;
5. ensure chemical and inflammatory agents are available at designated posts in facilities not mentioned above; and
6. develop a process for a health care assessment of all inmates which will identify those inmates for whom the use of chemical or inflammatory agents is not recommended or where caution must be used.

7. The Deputy Warden will ensure:

1. post orders identify post and storage locations of oleoresin capsicum (OC) units; and
2. OC units assigned to specific posts are centrally located to facilitate efficient issuance, tracking and accounting of the units.

8. The Assistant Warden/Manager of Operations, or delegate, will conduct regular audits of sign-out and sign-in logs.

9. The Security Maintenance Officer or equivalent will:

1. ensure the safe storage, handling and issuance of chemical and inflammatory agents; and
2. following every use of chemical or inflammatory agents, weigh the canister and document the amount used in the appropriate log and on the canister tag, and report the use to his or her supervisor.

10. All Correctional Officers carrying inflammatory agents on their person will:

1. ensure it is worn in the prescribed manner; and
2. inspect and weigh the canister once it is issued to them. The weight will be documented in a control log. All damage, malfunction or use of the OC must be reported immediately to the Correctional Manager and a Statement/Observation Report (CSC/SCC 0875) shall be completed.

Procedures

Storage and Issuing of Chemical and Inflammatory Agents

11. The Security Maintenance Officer will ensure units are stored in safe/secure locations when not issued to staff.

12. The Security Maintenance Officer will identify issue and track each unit. Each OC unit will be clearly marked as to which post/shift it is assigned, with the serial number recorded. The weight of each OC unit will be checked on a monthly basis.

13. The Correctional Officer will note receipt of the OC unit in the unit log book and during the equipment check.

Use of Chemical and Inflammatory Agents

14. Staff will respond to incidents as per the Situation Management Model described in Annex B of CD 567 – Management of Security Incidents.

15. Only chemical and inflammatory agents listed in the Security Equipment Manual will be used, in their prescribed manner.

16. Every use of chemical or inflammatory agents will be videotaped when time and circumstances permit. In cases where time and circumstances do not permit, range videos or other fixed camera recording will be used to review the incident.

17. Except in emergency situations where a delay would result in bodily harm or jeopardize the security of the institution, a health care professional will be consulted before chemical or inflammatory agents are used to ensure that the inmate has no medical condition that would be aggravated by the application of chemical or inflammatory agents.

18. Staff will not conduct a spray test prior to use.

19. Only enough chemical or inflammatory agent will be used to bring situations under control.

20. When chemical or inflammatory agents are used, decontamination procedures as set out in Annex B are to be completed as soon as possible.

21. Following the use of chemical or inflammatory agents, a health care professional will examine as soon as possible (preferably within the hour) the inmate and other affected persons.

22. Following an incident and once the situation is under control, the Correctional Officer will return to the Correctional Manager any canister that has been used.

23. The Correctional Manager will ensure used OC units are secured for retrieval by the Security Maintenance Officer.

24. All staff involved will complete a Statement/Observation Report (CSC/SCC 0875) prior to leaving the institution.

Use of Force

25. Following every use of chemical or inflammatory agents, staff will complete the Use of Force Report (CSC/SCC 0754).

26. Removing a chemical or inflammatory agent delivery system from its holster and displaying it at an individual(s) is considered a use of force.

Enquiries

27. Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Annexe A : Cross-references And Definitions

Cross-references

• CD 567 – Management of Security Incidents
• CD 567-1 – Use of Force

Definitions

Health care professional:

an individual registered or licensed for autonomous practice in the province of practice. Individuals must operate within their scope of practice and competence. Examples include Psychologists, Psychiatrists, Physicians, Mental Health Nurses, and Clinical Social Workers.

Orthochlorobenzalmalononitrile (CS):

a chemical agent tearing irritant for outside use.

Oleoresin capsicum (OC):

an organic inflammatory spray agent

Annex B : Decontamination Procedures