Commissioner's Directive

Policy number and title:

COMMISSIONER'S DIRECTIVE 234 – CLAIMS FOR STAFF PERSONAL EFFECTS AND INMATE PERSONAL EFFECTS AND THE OFFENDER ACCIDENT COMPENSATION PROGRAM

GUIDELINES 234-1 – CLAIMS ADMINISTRATION INSTRUCTIONS

Why was the policy changed?

CD 234 and GL 234-1 were amended to reflect new requirements concerning the administration of the Offender Accident Compensation Program; the Treasury Board Directive and Guideline on Claims and Ex Gratia Payments, promulgated on October 1, 2009; and a change in response to Legal Services' request concerning offender effects claims. As well, technical amendments were made to update CD 234 and GL 234-1.

What has changed?

Offender Accident Compensation Program

The reporting of inmate injuries will no longer be done through the Report of Inmate Injury form (CSC/CSC 0046). Due to privacy concerns and deficiencies with this form, it has been revoked and is replaced with the following ones:

• Classification of Inmate Injuries (CSC/SCC 1375) – completed by Health Services;
• Supervisor's Workplace/Approved Program Accident Report (CSC/SCC 1397); and
• Inmate's Workplace/Approved Program Injury Report (CSC/SCC 1398).

Treasury Board Directive and Guideline on Claims and Ex Gratia Payments, dated October 1, 2009

The sections in CD 234 and GL 234-1 concerning ex gratia payments were re-organized/amended to:

• address requirement that employee requests for the reimbursement of lost or damaged work-related effects are now to be treated as claims instead of ex gratia payment requests;
• address requirements for making an ex gratia payment to an inmate or to any other person (e.g. a legal opinion is now required before making an ex gratia payment);
• clarify in CD 234 the reimbursement criteria in relation to employee footwear; and
• include in GL 234-1 a decision tree (Annex D), concerning employee claims for lost or damaged effects, which expands on the one included in Appendix C of the Treasury Board Guideline.

There was also a need to make minor amendments to forms CSC/SCC 0585 and 0585-1. They are now entitled "Employee Claim for Lost or Damaged Effects" and "Decision Rendered on Employee Claim for Lost or Damaged Effects", respectively.

Legal Services' Request Concerning Offender Effects Claims

Paragraph 29 of the CD was amended to include the option of repairing an offender's claimed item (in addition to replacing the item) instead of offering monetary compensation.

Technical Amendments to Update CD 234 and GL 234-1

The updates include:

• hyperlinks to documents;
• amending/adding Authorities and Cross-References sections;
• modifying a definition;
• changing the word "shall" to "must"; and
• amending the CD's latest suggested English version title to "Claims For Personal Effects (instead of "Property") and the Offender Accident Compensation Program"; and changing the word "property" to "effect" or "item" in CD 234 and GL 234-1, whenever possible, to ensure consistency with the terminology used in the Treasury Board Directive and Guideline on Claims and Ex Gratia Payments and the Corrections and Conditional Release Regulations, in respect of employee and inmate effects.

How was it developed?

Due to the necessity of revoking the Report of Inmate Injury form (CSC/SCC 0046), a working group was formed to develop a policy framework for addressing regulatory requirements in relation to the Offender Accident Compensation Program. The working group consisted of representatives from the National Headquarters Comptroller's Branch, Health Services Sector, Correctional Operations and Programs Sector, and Policy and Research Sector.

CSC policies and forms were developed through extensive consultations with national, regional and institutional officials, Legal Services, the Correctional Investigator's Office, unions and the National Citizen Advisory Committee.

Accountabilities?

All related accountabilities are clearly outlined in CD 234 and GL 234-1, as well as in the related claim and decision forms for lost or damaged effects (CSC/SCC 0585 and 0585-1), the Health Services "Classification of Inmate Injuries" form (CSC/SCC 1375), the Inmate's Workplace/Approved Program Injury Report (CSC/SCC 1398), and the Supervisor's Workplace/Approved Program Injury/Accident Report (CSC/SCC 1397). Related accountabilities will also be reflected in a revised CD 730 – Inmate Program Assignment and Payments, currently under development, concerning the Offender Accident Compensation Program.

In particular, institutional Health Services staff, Chief, Administrative Services, or other delegated official, the Correctional Intervention Board, the workplace/approved program supervisor and employees in general will have clear instructions for performing their duties in the event of inmate injuries that are sustained during participation in approved programs, and in relation to ex gratia payment requests and employee claims for lost/damaged personal effects.

Inmates are also now more accountable for providing a detailed report on the circumstances surrounding an injury.

Who will be affected by the policy?

The revised policies affect all offenders and employees and particularly, with respect to the Offender Accident Compensation Program, institutional Health Services staff, workplace/approved program supervisors and the Chief, Administrative Services, or other delegated official.

Expected cost?

N/A.

Other impacts?

The information system for claims may need to be changed to take into account the Treasury Board Directive and Guideline on Claims and Ex Gratia Payments new requirements to treat employee claims for lost or damaged effects as claims instead of ex gratia payment requests. This matter is on hold as the current Claims Settlement Management System will soon be retired and options for a replacement system are being considered.

Contact:

Christina Hutchins
Director, Financial Operations
613-943-3053
Christina.Hutchins@CSC-SCC.GC.CA