National Immigration Detention Standards
Chapter 1.0:  Safety

From: Canadian Border Services Agency

In this section

• 1.1 Immigration holding centre emergency management plan
• 1.2 Facility maintenance and housekeeping
• 1.3 Transportation of persons detained under the Immigration and Refugee Protection Act
• Annex A: Guidelines for guard services when transporting individuals under the CBSA's care and control
  (The annex is not available publicly)

1.1  Immigration holding centre emergency management plan

1.1.1  Purpose and scope

To provide national direction on emergency planning practices for Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) to prevent/mitigate, prepare for, respond to and recover from emergencies

1.1.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard
4. Immigration Holding Centre Emergency Management Plans (IHCEMP) will follow pre-established Agency Policies and Guidelines on Emergency Management

1.1.3  Definitions^{Footnote 1}

All hazards risk approach: An approach that recognizes that the actions required to mitigate the effects of emergencies are essentially the same, irrespective of the nature of the event, thereby permitting an optimization of scarce planning, response and support resources. All-hazards generic emergency planning employs generic methodologies, modified as necessary by particular circumstances. All-hazards incorporates natural and man-made hazards threats including traditional emergency management (EM) events such as flooding, industrial accidents, and national security events such as acts of terrorism, and cyber events

Emergency: A present or imminent incident requiring the prompt coordination of actions, persons or property in order to protect the health, safety or welfare of people, or to limit damage to property or to the environment

Emergency management (EM): The prevention and mitigation of, preparedness for, response to and recovery from emergencies

Federal emergency response plan (FERP): The all-hazards core plan for a coordinated federal response to emergencies where federal support is required

Hazard: A potentially damaging physical event, phenomenon or human activity that may cause the loss of life or injury, property damage, social and economic disruption or environmental degradation

Mitigation: Sustained actions taken to eliminate or reduce risks and impacts posed by hazards well before an emergency or disaster occurs

Preparedness: Making decisions and taking measures before an emergency, in order to be ready to effectively respond and recover

Prevention: Actions taken to avoid the occurrence of negative consequences associated with a given threat. Prevention activities may be included as part of mitigation

Recovery: Activities aimed at restoring normal conditions after an emergency

Response: A phase of EM implemented immediately before, during or after an emergency, and consisting of activities aimed at limiting or preventing damage to life, property or the environment

Risk: The combination of the likelihood and the consequence of a specified hazard being realized; refers to the vulnerability, proximity or exposure to hazards, which affects the likelihood of adverse impact

Threat: The presence of a hazard and an exposure pathway; threats may be natural or human-induced, either accidental or intentional

1.1.4  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure a comprehensive “all-hazards” approach to EM is implemented in each IHC
2. Develop an Immigration Holding Centre Emergency Management Plan (IHCEMP):
   1. Take a proactive approach to EM, integrating risk-based measures, involving partners across all relevant sectors, and coordinating and balancing efforts as they relate to prevention/mitigation, preparedness, response and recovery
   2. Ensure a sustainable capacity to meet the goals outlined in the IHCEMP, based on priorities, needs analysis and capability requirements
3. Participate in tests, training and exercises as required
4. In case of emergency, establish lines of communication as required through the CBSA Border Operations Centre and Regional Operations Centre

2)  Operational delivery

a)  Emergency management planning team (EMPT)

1. An EMPT must develop an IHCEMP. The composition of the EMPT will vary depending on institutional requirements; however, the EMPT should be multi-disciplinary to provide optimal input to ensure the team has the skills and training required to effectively carry out their assigned duties
2. The IHCEMP must be developed, tested, revised and communicated to prepare for and respond to any emergency situation that may occur at the specific location such as fire, bomb threat, explosion, earthquake
3. The IHCEMP must be aligned with the requirements of all relevant legislation, policies, guidelines and best practices, such as the Occupational Health and Safety Regulations and the Emergency Management Planning Guide
4. The IHCEMP must be sufficiently comprehensive to allow for site-specific protocols, processes, and Post Orders and Standard Operating Procedures (POSOPs). These must be developed in support of the IHCEMP and related plans

b)  Emergency management continuum

1. The EM continuum consists of 4 risk-based functions of EM that are interconnected and interdependent in a system: prevention and mitigation, preparedness, response, and recovery
2. The system illustrates that an effective EM system ensures prevention and preparedness efforts are in place to respond to and recover from an incident
3. In the center of the wheel are the main elements which influence the development of an IHCEMP

1.  Prevention and mitigation

The objective of planning activities associated with prevention and mitigation efforts is to reduce risk. Accordingly, the EMPT must:

1. Develop threat/hazard-specific operational plans and Business Continuity Plans (BCPs) that are geared to the "tactical" level and support the IHCEMP, yet provide the detail required for a coordinated response to specific hazards
2. Develop POSOPs for IHCs and the IHC staff covering any emergency situation
3. Include a list of phone numbers for all CBSA personnel working at the IHC, including administrative/support staff and a list of phone numbers for Guard Services managers, Medical Services contractor, local law enforcement agencies, and any other relevant contact

2.  Preparedness

The objective of planning activities associated with preparedness is to have an effective and coordinated approach to EM and operational readiness. As such, the EMPT must:

1. Develop EM plans that address, where appropriate, the risks and interdependencies to strengthen the resiliency and the protection of critical infrastructure and processes or services related to the detention location
2. Include facilitation of collaboration in the IHCEMP, both within and across sectors, through sector networks, and other relevant sub-sector networks, if responsible for a critical infrastructure sector
3. Include any measures in the IHCEMP to assist provincial and territorial governments
4. Establish internal structures to provide governance for departmental EM activities

3.  Response

The objective of planning activities associated with institutional responses to changing threats, hazards or specific incidents to have an effective and integrated response in accordance with established strategic priorities. As such, the EMPT must respond to emergencies, in a manner that is consistent with areas of responsibility, the departmental response plan, and existing arrangements.

4.  Recovery

The objective of planning activities associated with the recovery component of EM is to provide restoration and continuity of critical services and operations. Accordingly, the EMPT must:

1. Undertake post-recovery analysis and incorporate lessons learned and best practices into IHCEMP
2. Specify procedures in the IHCEMP for providing immediate and follow-up medical and psychological care to detainees and staff following a critical incident
3. Participate in exercises to test and implement IHCEMP and participate in training with respect to IHCEMP planning
4. Conduct a comprehensive review and evaluations of IHCEMP based on a risk management approach
5. Incorporate into the IHCEMP planning process, lessons learned and best practices derived from the conduct of actual events, training and exercises

c)  References: Emergency management planning documents

1. The Policy on Government Security (PGS)
2. The Canada Labour Code, Part II: Occupational Health and Safety
3. The Canada Occupational Safety and Health Regulations: Part XVI, First Aid; Part XVII, Safe Occupancy of the Work Place
4. The Treasury Board Standards: Standard for Fire Safety Planning and Fire Emergency Organization: Chapter 3-1
5. The Emergency Management Act

1.2  Facility maintenance and housekeeping

1.2.1  Purpose and scope

To provide national direction on facility maintenance and housekeeping practices to protect detainees, staff and visitors from injury and illness in Immigration Holding Centres (IHCs) by maintaining facility standards of cleanliness, sanitation and safe work practices

1.2.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs will have local Post Orders and Standard Operating Procedure (POSOPs) consistent with this standard

1.2.3  National standards

1. Facility maintenance and housekeeping practices are consistent with federal, provincial/territorial and municipal acts and regulations aimed to protect detainees, staff and visitors from injury and illness
2. The IHC is maintained in a safe, orderly, clean, sanitary and pest-free condition
3. Government of Canada guidance on procedures for cleaning and disinfecting public spaces during a pandemic or following a natural disaster is fully implemented
4. Security screening for all qualified and/or licensed on-site maintenance and housekeeping personnel is obtained, and security measures are in place for occasional workers, consistent with the services agreement(s)/contracts and the standard on Facility Security and Access Control
5. A written housekeeping and facility maintenance plan is devised and updated as necessary, outlining all required practices for each area of the IHC
6. Regular inspections of the facilities are performed to identify deficiencies and corrective action
7. Waste, garbage and recycling management practices comply with municipal bylaws, and provincial and federal legislation
8. This standard is to be read in conjunction with individual services agreement(s)/contracts, and the standards on Hygiene, Food Services, Immigration Holding Centre Emergency Management Plan and Management and Control of Contractors' Tools and Instruments

1.2.4  Definitions

Facility maintenance: Preventative and corrective actions (such as regular inspections, replacement, repairs, renovation) that ensure building(s) and infrastructure remain in good working order

Housekeeping: Daily practices that keep facilities clean, neat, orderly and free from hazards that could lead to injury or illness

1.2.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure implementation of preventative maintenance and good housekeeping practices that take daily operations into consideration
2. Oversee and monitor compliance with applicable services agreement(s)/contract(s) in place (such as housekeeping, janitorial, linens and laundry, etc.)
3. Inspect periodically all areas of the IHC to ensure the work practices and performance of supplier(s) meet all terms, conditions, deliverables, etc. as outlined in the services agreement(s)/contract(s)
4. Note observed deficiencies, if any, and submit in written form to supplier(s) for corrective action and ensure fulfillment within established timelines
5. Inform supplier(s) when problems are not resolved and/or take appropriate/ necessary action as permitted by the services agreement(s)/contract(s)
6. Provide clear, written instructions to services agreement supplier(s) on procedures for cleaning and disinfecting the IHC during a pandemic and following a natural disaster, and verify the implementation

b)  Guard services

1. Report to the CBSA any observed issues or those reported by detainees in relation to facility maintenance and housekeeping (that is, broken fixtures, unsecured furnishings, obstructions, slip/trip hazards, any sanitary or security issues)

c)  Services agreement/Contract supplier(s)

1. Respect all requirements, terms, conditions and deliverables of services agreement(s)/contract(s) with the CBSA for the provision of facility maintenance and housekeeping (that is, core interior cleaning; emergency cleaning; exterior maintenance; waste, garbage and recycling management; linen and laundry services, janitorial services, etc.)
2. Implement written instructions provided by the CBSA regarding procedures for cleaning and disinfecting the IHC during a pandemic or following a natural disaster
3. Inspect periodically all areas of the IHC to ensure the work practices and performance of workers meet the expected standard
4. Note deficiencies and follow-up actions in an inspection report
5. Communicate observed deficiencies to workers for corrective action within agreed upon timelines as stipulated in the applicable service agreement(s)/contract(s)
6. Ensure personnel maintain a high standard of safety, facility sanitation and general cleanliness
7. Ensure safe handling, use, storage, labelling and disposing of hazardous materials

2)  Operational delivery

a)  General

1. All products required for maintenance and services must conform with the provisions of the Workplace Hazardous Materials Information System (WHMIS)
2. A Material Safety Data Sheet (MSDS) of all products used must be available at the IHC and updated regularly
3. Services agreement supplier(s) must provide sufficient staff to meet expected results

b)  Planning and inspections

1. A facility maintenance and housekeeping plan must outline the services, tasks (including materials and equipment used to complete the tasks), schedules, frequencies and expected results, and be reviewed annually and updated as required
2. Periodic inspections must be conducted by the CBSA and Services Agreement Supplier according to the terms of the service agreement

c)  Security

1. Security screened and qualified and/or licensed on-site maintenance and housekeeping staff must: have access to accessible areas and rooms requiring services; be granted access by the CBSA on a case-by-case basis to restricted areas, and; respect access control requirements outlined in the services agreement(s) and the standard on Facility Security and Access Control
2. Security measures must be established for occasional workers, consistent with the services agreement(s) and the standard on Facility Security and Access Control
3. Maintenance and housekeeping staff must wear CBSA-issued identification for contractors at all times

d)  Safety

1. Appropriate protective equipment must be worn and used by workers based on requirements of the work
2. Signage, protection and barriers must be used to identify obstructions or other unsafe conditions (that is, safety cones for trip hazard, warning notices for wet floors)
3. In case of an emergency, directions from CBSA and/or first responders must be followed

e)  Products, materials

1. Environmentally friendly “green” products, Environmental Choice Logo or Green Seal logo products must be used where cost neutral or where specified
2. Must be suitable for the surfaces intended and used as specified by the manufacturer
3. Must be classified and labelled according to the WHMIS

f)  Minimum requirements

The following tasks are established in services agreement(s) and housekeeping and facility maintenance plans (non-exhaustive). They must be performed in all areas, at frequencies established in the agreement(s), to ensure the safety and security of the public, staff and detainees, meet expected results outlined in the service agreement(s)/contract(s), and ensure a professional and clean appearance, sanitized, and free of dust, dirt, soil, other debris, litter, marks, spots, stains, streaks, grime, scrapes, cobwebs, odours, etc.:

1. Remove, launder (non-scented detergent) and replace bedding and linens and ensure sufficient supply for frequent replacement
2. Vacuum, clean, strip, wax, degrease flooring, as appropriate
3. Clean washroom facilities using germicidal detergent (all surfaces, toilets, urinals, sinks, showers, tubs, seats, drains, floors, walls, doors, plumbing, fixtures), replenish all supplies, replace shower curtains/hooks as needed
4. Dust, damp wipe, vacuum, disinfect, sanitize, polish, as appropriate, all surfaces (horizontal and vertical) in all areas including but not limited to, living units, exercise room, elevators, stairs and stairwells, entrance (lobby, vestibule and all exits), etc.
5. Clean, disinfect, sanitize, polish, as appropriate, light switches, walls, doors, handrails, baseboards, drinking fountains, phones, furniture, furnishings, equipment (that is, exercise room)
6. Empty waste and recycling bins, replacing liners, and appropriately dispose of waste, recycling and composting
7. Wash windows (interior and exterior) and exterior doors
8. Dust, clean, wash all floor, wall and ceiling vents/grilles
9. Clean fixtures, equipment, appliances
10. Remove any obstructions, debris, stains
11. Replace light bulbs
12. Clear snow, slush and ice from all entrances and exits, exterior walkways, stairs, handrails, light fixtures, loading docks, ramps and apply ice melter, sand and salt as necessary
13. Sweep and/or wash all entrances and exits, exterior walkways, stairs, handrails, light fixtures, loading docks, ramps
14. Clear and clean all outside recreation areas including tables, chairs, etc.
15. Ensure all chemicals, containers, etc. are appropriately stored in janitor/utility room(s)/closets, are classified and labelled according to WHMIS requirements, and issued and used in accordance with appropriate legislation and regulations

g)  Pandemic and natural disaster

Upon notification of a pandemic or following a natural disaster, guidance and instructions for cleaning and disinfecting provided by the appropriate Government of Canada authority (for example, Public Health Agency of Canada, Public Safety Canada) must be respected and implemented

1.3  Transportation of persons detained under the Immigration and Refugee Protection Act

1.3.1  Purpose and scope

To provide national direction when transporting persons detained under the Immigration and Refugee Protection Act, including unaccompanied minors and/or minors who are housed and accompanying a parent/legal guardian

1.3.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard and applicable federal and provincial laws and regulations are understood and followed by all parties involved in the process
3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

1.3.3  National standards

1. Detainees subject to transportation are managed in accordance with a risk evaluation by the CBSA, and in accordance with the standard on Use of Force and Restraints
2. Detainees are transported in a secure, safe and humane manner, under the supervision of trained staff who will monitor their well-being
3. Detainees are treated with dignity and respect at all times, mindful of cultural and religious differences
4. Transportation is conducted in a manner that reduces the risk of harm to the detainee, other detainees being transported, staff and the public
5. Vehicles used for transporting detainees must be properly equipped, maintained and operated

1.3.4  National operational procedures

1)  Responsibilities

a)  CBSA

1. Develop POSOPs consistent with this standard and the Guidelines for guard services when transporting individuals under the CBSA's care and control (refer to Annex A, only available internally)
2. Ensure that detainee transportation is conducted in accordance with this standard, the Guidelines for guard services when transporting individuals under the CBSA's care and control and POSOPs
3. Inform detainees of expected behaviour and conduct during transportation and ensure they understand in case of language barriers
4. Ensure Guard Services understands the procedures related to detainee transportation
5. Report any significant event (such as escapes) outlined in the incident reporting criteria to the Border Operations Centre and law enforcement authorities when appropriate

b)  Guard services

1. Ensure and verify that the transportation of detainees complies with this standard, the Guidelines for guard services when transporting individuals under the CBSA's care and control and the POSOPs
2. Immediately inform the CBSA of any unscheduled stop, incident or emergency situation that occurs during transportation
3. Complete and submit to the CBSA an incident report (Contracted Security Guard Incident and Use of Force Report (BSF383) if an incident or emergency situation occurs during transportation

2)  Operational delivery

a)  Use of restraints

1. Only persons whose name appears on a Detention Order (BSF304) will be restrained for transportation, unless it is determined by the CBSA that there is an exception to the use of a restraint, as indicated below
2. The standard on Use of Force and Restraints defines the application, tools and techniques authorized for use during transportation
3. For reasons of security and comfort, handcuffs will be double-locked, secured, and, along with other restraining devices, will be checked immediately after application, at every transfer point and any time the detainee complains of discomfort. Properly fitting restraints do not cause restriction of thoracic respiratory movements or compromise airway or blood circulation
4. Restraints will not be attached to an immobile object, such as a security bar, seat, or steering wheel unless directed by the CBSA

b)  Exceptions for the use of restraints

1. Restraints should not be used on persons identified below unless safety and security is an issue. Their use must be approved by the CBSA based on a risk assessment conducted by a CBSA officer:
   1. Women identified as pregnant or who appear to be pregnant
   2. Parents/legal guardians with accompanying minors (under 18 years of age)
   3. Unaccompanied minors (under 18 years of age)
   4. Persons who are identified as suffering from a medical condition or physical disability, by the CBSA or Medical Services personnel
   5. Victims of human trafficking (whose coming to Canada has been organized by another person by means of abduction, fraud, deception or the use of threat of force)
   6. Persons over 65 years of age

c)  Procedures related to transportation of minors

1. The security, safety, and protection of any minor who is detained or housed with a detained parent/legal guardian must be ensured
2. An unaccompanied minor must never be handcuffed except when the CBSA determines that there is a risk to the detainee, other detainees, staff, and/or the public
3. Housed minors (accompanying a detained parent/legal guardian) are not subject to a Detention Order and must never be restrained
4. A detained parent/legal guardian accompanying a minor during transport, must not be handcuffed except when the CBSA determines that there is a risk to the detainee, other detainees, staff, and/or the public. If restraints are deemed necessary, every effort should be taken to prevent the minor from becoming aware of it
5. Every effort must be made to conduct a search of a parent/legal guardian, out of view of the minor, unless doing so would cause distress to the child
6. Every effort must be made to transport families together. Family unity must be maintained, unless there are circumstances that would necessitate separation based on the best interests of the child
7. Appropriate car seats, booster seats and any other equipment necessary for the safe transport of minors must be utilized as per manufacturer's instructions and according to Canadian safety standards and provincial/territorial laws on the use of child restraint systems in motor vehicles

d)  Items that detainees may keep during transportation

1. Personal hygiene items (for example, lip ointment, sanitary products) and any other items that are pre-approved

e)  Meals for detainees during transportation

1. A sufficient number of meals and snacks must be provided if transport and/or transfer exceeds 4 hours
2. Any medical, dietary or religious requirements must be respected
3. Special meal and snack requirements will be identified and arranged in advance of the transport when possible
4. Utensils should be avoided during transport (disposable or not)
5. When necessary, meals may be purchased for detainees taking into consideration any allergies. Reimbursements will be made as directed in the POSOPs