Lock-up Facilities Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cor19189.htm

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Lock-up Facilities Regulations

made under Section 22 of the
Corrections Act
R.S.N.S. 1989, c. 103
and under Section 15 of the
Court Houses and Lockup Houses Act
R.S.N.S. 1989, c. 109
O.I.C. 89-1128 (September 26, 1989), N.S. Reg. 191/89Table of Contents
Text of regulations

Table of Contents

Lock-up Facilities Regulations
Appendix "A" - Correctional Facilities Regulations

Lock-up Facilities Regulations1 In these regulations
(a) "inspector" means the person appointed by the Minister pursuant to[sub]section 5(1) of these regulations;
(b) "lock-up facility" means a police or court facility for the custody of anoffender upon arrest, pending a transfer to a correctional facility orpending a court hearing;
(c) "Minister" means the Minister of Justice of Nova Scotia;
(d) "municipality" means a city, an incorporated town, a municipality of acounty or district, or the Halifax Court House Commission;
(e) "officer in charge" means the keeper or person responsible for themanagement of the lock-up facility and the safe custody of personsdetained therein.
2 A municipality shall appoint an officer in charge for any lock-up facility providedby the municipality and shall prescribe the duties of the officer in charge.
3 (1) In addition to any duties prescribed by the municipality, an officer in chargeshall comply with these regulations.
(2) The officer in charge shall provide to the inspector statistical or otherinformation as the inspector may request from time to time.
4 The municipality, through the officer in charge, shall be responsible for themanagement of the lock-up facility and the care, health, safety and custody of thepersons detained therein and shall
(a) provide that the lock-up facility is maintained so as to meet therequirements for fire and life safety as prescribed by the office of theFire Marshal pursuant to the Fire Prevention Act;
(b) issue to employees of the lock-up facility such direction as may benecessary to fulfill their responsibilities including emergency responseprocedures, employee conduct, and employee duties with the lock-upfacility;
(c) provide detained persons with information regarding their duties, rightsand privileges while in a lock-up facility;
(d) provide training for employees as directed by the Minister;
(e) provide that detained persons of one sex are held separate and apartfrom detained persons of the opposite sex as soon after being taken intocustody as is reasonably possible;
(f) provide that detained persons of one sex are supervised by persons ofthe same sex as soon after being taken into custody as is reasonablypossible;
(g) provide that no detained person is searched except in the mannerprescribed by regulations respecting searches made pursuant to Section22 of the Corrections Act* which regulations are attached hereto asAppendix "A", and as amended from time to time;
(h) provide for proper procedures for searches, use of restraint equipment,and supervision of detained persons in order to ensure the dignity ofdetained persons;
(i) provide for the medical care of detained persons in the event of injury orillness;
(j) provide that any property and monies of a detained person are itemizedupon admission, safely stored, and returned to the detained person uponrelease, and maintain verifying documents;
(k) provide, in the discretion of the officer in charge, for the visitationrights of detained prisoners;
(l) provide for meetings between a detained person and the officer incharge for the purpose of addressing concerns;
(m) provide for confidentiality of information respecting detained personsand the lock-up facility;
(n) provide for procedures to protect detained persons and lock-up facilityemployees from physical harm;
(o) provide detained persons with food, clothing and bedding as prescribedpursuant to regulations made pursuant to Section 22 of the CorrectionsAct*, as amended from time to time;
(p) maintain standards of sanitation and cleanliness in the lock-up facility.
5 (1) The Minister may appoint a person as inspector to inspect lock-up facilities.
(2) The inspector shall inspect the lock-up facilities from time to time and maymake recommendations to the municipality operating a lock-up facilityrespecting compliance with prescribed standards.
6 (1) Subject to subsection (2), no person shall be admitted to a lock-up facilityunless the person is
(a) arrested; or
(b) held in custody by virtue of a warrant issued by a Justice pending thehearing or determination of the charge or matter with respect to whichthe warrant was issued; or
(c) subject to a warrant of committal, or a remand order to a correctionalfacility, and the person is being held temporarily while awaiting transferdirectly to a correctional facility.
(2) A person may be admitted to the lock-up facility in accordance with Sections37, 38 and 39 of the Hospitals Act.
7 (1) No person detained in a lock-up facility shall
(a) gamble;
(b) have in his possession any article not authorized by the standing orders;
(c) disobey any lawful order given by an employee;
(d) smuggle, conspire or attempt to smuggle any article either into or out ofthe lock-up facility;
(e) destroy or deface private or public property;
(f) attack or threaten to attack any person within the lock-up facility;
(g) cause, conspire or attempt to cause a disturbance, breach of the peace orriot;
(h) commit or attempt to commit an indecent act;
(i) be in an unauthorized place or leave or attempt to leave the limits of thelock-up facility's confines without being escorted by an employee or apolice officer;
(j) give counsel to or aid and abet another detained person to do any act incontravention of the Act or these regulations.
(2) Where a detained person contravenes clause (d) of subsection (1), the officerin charge shall seize and dispose of the unauthorized article in accordancewith regulations made pursuant to Section 22 of the Corrections Act*, asamended from time to time.
8 (1) Where a detained person dies while being held in a lock-up facility, theofficer in charge shall notify the police and the next of kin immediately andshall ensure that the inspector and the chief medical examiner or medicalexaminer for the county where the lock-up facility is situate are advised of thedeath.
(2) The officer in charge shall dispose of the deceased's property in accordancewith regulations made pursuant to Section 22 of the Corrections Act*, asamended from time to time.
9 A person or municipality who fails to comply with any provision of theseregulations is guilty of an offence.
[*Note: the regulations respecting correctional facilities made under Section 22 of the Corrections Act, referred to in clauses 4(g) and (o) and subsections 7(2) and 8(2) of these regulations, are repealed by the Correctional Services Regulations, N.S. Reg. 99/2006, made under the Correctional Services Act, S.N.S. 2005, c. 7, effective July 1, 2006.]

Appendix "A"
Correctional Facilities Regulations
made under Section 22 of the
Corrections Act
R.S.N.S. 1989, c. 103
O.I.C. 88-1363 (December 13, 1988), N.S. Reg. 248/88
[Note: the regulations respecting correctional facilities, N.S. Reg. 248/88, that were reproduced in this Appendix are repealed by the Correctional Services Regulations, N.S. Reg. 99/2006, made under the Correctional Services Act, S.N.S. 2005, c. 37, effective July 1, 2006.]