National Immigration Detention Standards
Chapter 2.0:  Security

From: Canadian Border Services Agency

In this section

• 2.1  Admission and discharge of detainees
• 2.2  Prohibited items
• 2.3  Facility security and access control
• 2.4  Funds, valuables and other personal property
• 2.5  This standard is not available publicly
• 2.6  This standard is not available publicly
• 2.7  Post orders and standard operating procedures
• 2.8  Searches
• 2.9  Use of Restraints and Use of Force (with respect to the use of restraints)
• 2.10  Management and control of contractors' tools and instruments
• 2.11  Special purpose units
• Annex A: Items that are to be taken from CBSA upon arrival of a detainee and returned upon Discharge

2.1  Admission and discharge of detainees

2.1.1  Purpose and scope

To provide national direction on admission and discharge procedures at all Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs). Where a person is detained and held at a non-CBSA facility, procedures for admission and discharge are generally guided by the policies and rules of each facility and where applicable, according to the terms of signed memorandums of understanding.

2.1.2  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

2.1.3  National standards

1. Admission and discharge procedures will ensure the safety and security of the detainees, the staff and the order of the facility
2. Admission will be conducted in a timely manner upon arrest and detention and discharge will be conducted in a timely manner upon a release decision, regardless of place of detention

2.1.4  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure that during the admission process a placement decision is made based on a risk assessment in accordance with the standard on Classification and Placement of Detainees in Detention Facilities
2. Release/discharge a person as per section 56(1) of the Immigration and Refugee Protection Act, as appropriate, if the reasons for detention no longer exist prior to the Immigration and Refugee Board assuming the jurisdiction to review detention.
3. Consultation with the originating/arresting office will occur prior to the detained individual being released from detention, when possible
4. When a detainee is deemed to be high risk (via information provided by the CBSA, police etc.) prior to entering the IHC, they are to be admitted without the presence of other detainees, when operationally feasible
5. Create a detainee file for every person that is detained under section 55 of the IRPA and ensure that all records generated in the course of a person’s detention is placed on file consistent with the standard on Detention Records
6. Ensure that a copy of the Detainee Medical Needs form (BSF674) is provided to Medical Services upon admission

b)  Guard services

1. Process the admission of detainees arriving at the IHC per this standard and POSOPs
2. Inform the CBSA of any detainee requirements or needs identified at admission
3. Process the release of detainees held at the IHC when directed by the CBSA

c)  Medical services

1. Ensure every newly admitted detainee is medically screened, in accordance with the standard on Health Services to ensure protection of the health of the detainee, and others in the IHC

2)  Operational delivery

a)  Arrival at the IHC

1. Detainee access to the IHC, and movement within the IHC must be controlled in order to maintain safety and security
2. Any detainee deemed to be high risk should be admitted without the presence of other detainees, when operationally feasible
3. Upon granting the transport vehicle access to the IHC’s sally port, Admission and Discharge area (hereon in referred to as admission and discharge) staff and a security supervisor must be notified of the detainee’s arrival
4. Duty firearms must be removed and stored in the designated storage area
5. Detainees are escorted into the IHC via the sally port
6. Luggage and/or personal property must be tagged and placed in the designated space of the admission and discharge

b)  Registration

1. An Order for Detention (BSF304) must be completed for each detainee being admitted
2. Detainee information must be registered in the Detainee Activities Management System (DAMS) or electronic register as per POSOPs

c)  Admission procedures at the IHC

1. Detainees who arrive at the IHC must undergo an admission intake process in accordance with this standard and the POSOPs
2. Detainees must be kept in the admission and discharge area while the admission process is completed
3. Detainees who have already been deemed high risk must be kept in an area where they cannot be in contact with other detainees, when operationally feasible
4. Detainees arriving at the IHC for a short duration may be placed in the staging area located in admission and discharge, generally for no longer than 48 hours and in accordance with the POSOPs
5. All admission requirements must be met, including providing detainee orientation according to the standard on Orientation and Information
6. The applicable content and procedures in this standard must be communicated to the detainee in a language or manner the detainee can understand

d)  Searches

1. Search of detainees
   1. All detainees being admitted to the IHC are subject to a search, in accordance with the standard on Searches
2. Search of personal property
   1. All detainee personal property (i.e., luggage and personal effects) that enters the IHC must be verified and searched according to the POSOPs regardless of where the detainee is held and regardless of how long the property will be held
   2. Search of digital devices is strictly prohibited unless valid consent is obtained from the detainee, consistent with the Operational Bulletin OBO-2020-006 – Clarifying the Authorities to Examine Digital Devices for Regulatory IRPA Investigative Purposes in the Inland Enforcement Context
   3. All personal property, including identity documents, must be treated in accordance with the standard on Funds, Valuables and Other Personal Poperty and POSOPs
   4. Items listed in Annex A of the standard on Funds, Valuables and Other Personal Property must be removed, identified and placed in a secured location until discharge
   5. Any item considered to be contraband or unauthorized in the IHC must be treated in accordance with the standard on Prohibited Items
   6. To further prevent the spread of pests and bugs, luggage and personal effects admitted to the IHC must undergo a decontamination process as necessary (where available), in accordance with the standard on Hygiene and POSOPs

e)  Photographs and fingerprints

1. Photographs
   1. All detainees must be photographed upon admission
   2. A sufficient number of photographs must be produced and placed on the required forms for admission to the IHC, as per POSOPs
   3. Head coverings are allowed for photographs, however the entire face (all facial features) must be clearly visible
2. Fingerprints
   1. Individuals admitted to the IHC, may be required to have their fingerprints taken as per POSOPs

f)  Health and medical screening

1. To maintain standards described in the standard on Hygiene and in an effort to prevent the spread of communicable diseases and other unhealthy conditions within an IHC, where facilities allow, every detainee will be encouraged to shower prior to admission to a living unit
2. To protect the health of the detainee and others in the IHC, each detainee will, upon admission, be screened by Medical Services, in accordance with the standard on Health Services
3. Individuals who have been deemed high risk must be screened by Medical Services accompanied by high risk guards and must not be in the Medical Services wing when other detainees are present
4. Every person admitted to the IHC must have a completed CBSA Detainee Medical Needs form (BSF674) at the time of admission, if one was not previously completed
5. Any person who displays symptoms of illness will be referred without delay to Medical Services
6. Any special dietary requirements or medical concerns shall be noted and CBSA will be informed
7. MedicAlert bracelets are permitted unless there is an emergency or security need for it to be removed
8. Any medication found in a detainee’s effects or on their person should be placed in a re-sealable plastic bag, identified with the detainee’s name, client number, and delivered to Medical Services
9. Detainees will not be allowed to maintain possession of their medication unless authorized by Medical Services
10. CBSA will immediately be informed of detainees who require medication to maintain life (for example nitroglycerine or insulin). CBSA will immediately inform Medical Services
11. If Medical Services personnel are not available, CBSA will contact the IHC physician directly for guidance

g)  General practices

1. Lost, missing or damaged property
   1. If upon admission a detainee claims property is lost, missing or damaged, an incident report must be completed and the CBSA must be informed in order to investigate the matter
   2. A claim of lost, missing or damaged property must be addressed in accordance with the standard on Funds, Valuables and Other Personal Property
2. Linens, personal hygiene items and clothing
   1. A detainee will be issued linens (i.e., bedding, towel, facecloth), and personal hygiene items in accordance with the standard on Hygiene and POSOPs
   2. Detainees may wear appropriate personal clothing within the IHC
   3. Detainees may be provided with additional clothing, including items suitable for the climate, upon request and as required, to ensure detainee comfort and hygiene while at the IHC
3. Dietary requirements
   1. Upon admission to the IHC, special dietary considerations/requirements must be noted and shared with the Food Services in accordance to the standard on Food Services as well as shared with the CBSA
   2. Medical Services must inform the CBSA if a special diet is required due to medical treatment (e.g., diabetic, heart disease, pregnancy, etc.)
   3. Meals will be provided for religious requirements (e.g., Kosher, Halal, etc.), medical reasons and/or dietary lifestyle (e.g. vegetarian, vegan)
   4. IHC Medical Services will be informed of anyone who is observed not following their prescribed diet, for follow-up as deemed necessary
4. Classification
   1. Classification and placement of the detainee will be done in accordance with the standard on Classification and Placement of Detainees in Detention Facilities
5. Orientation
   1. Pertinent information on the detention facility will be provided in accordance with the standard on Orientation and Information

g)  Discharge

1. Detainees may only be released if an Authority to Release from Detention form (BSF566) has been issued and signed by the CBSA, and where all conditions for release have been met
Detainees will be released from Admission and discharge directly unless there is a safety or security or other issue which would require discharge from another location. CBSA will provide direction should normal release procedures not apply

2.2  Prohibited items

2.2.1  Purpose and scope

To provide national direction on detecting, confiscating, controlling and disposing of prohibited items to ensure a safe and secure environment in all Immigration Holding Centres (IHCs), other Canada Border Services Agency (CBSA) detention facilities, and vehicles. Where a person is detained and held at a non-CBSA facility, procedures for prohibited items are generally guided by the policies and rules of each facility and where applicable, according to the terms of signed memorandums of understanding

2.2.2  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 and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

2.2.3 National standards

1. Any detainee found to be in possession of prohibited items will be subject to actions in accordance with the standard on Prevention and Management of Breaches
2. Prohibited items that may be evidence in connection with a breach will be inventoried, controlled, and stored so as to maintain the integrity of the item
3. Prohibited items that may be evidence in connection with a breach and a criminal act will be inventoried, controlled, stored to maintain the integrity of the item, and reported to the appropriate law enforcement authority
4. Any visitor found to be in possession of prohibited items, may be banned from future visits and the matter may be referred to appropriate law enforcement authorities for investigation and/or possible prosecution

2.2.4  Definitions

Confiscation: The act of taking prohibited items from detainees, visitors to the IHC, or from the personal belongings accompanying detainees and visitors

Prohibited items: Any unauthorized or prohibited item that could jeopardize the safety and security of staff and CBSA operations. This includes items that may deface, damage, or destroy infrastructure and items that may be used to injure or disable any person

Prohibited items: Items whose possession is prohibited under Canadian law. These include, but are not limited to:

1. Restricted and prohibited firearms and weapons, or their components
2. Offensive material
3. Controlled drugs and substances (including some prescription medication)

Unauthorized items: Items that are not permitted beyond the publicly accessible areas by policy, POSOPs, or other written order such as (not exhaustive):

1. Intoxicants (alcohol, cannabis and cannabis products)
2. Prescription and non-prescription medication
3. Cigarettes, tobacco products and e-cigarettes
4. Mobile telephones
5. Cameras, other photographic equipment, and recording devices
6. Matches, lighters, or other incendiary devices
7. Explosives, munitions, and their component parts
8. Utility knives and multi tools
9. Non-restricted firearms and weapons (this may include certain religious items) or items the may be used as weapons of opportunity
10. Certain publications that may be considered inappropriate
11. Hazardous substances
12. Perishable goods

2.2.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure that Guard Services personnel conduct searches in accordance with the standard on Searches and POSOPs in efforts to detect and confiscate prohibited items
2. Inform detainee of what items are considered unauthorized and prohibited (providing examples) and ensure they understand in case of language barriers
3. Securely store and/or properly dispose of or destroy confiscated items
4. Notify law enforcement authorities when prohibited items are found and confiscated
5. Preserve prohibited items as directed by the law enforcement authority
6. Review incident reports ensuring proper completion and documentation, and take appropriate action, consistent with the standard on Prevention and Management of Breaches
7. Authorize the use of trained dogs if necessary in the detection of prohibited items;
8. Consult with Medical Services when uncertain about whether a prescribed medication represents prohibited items

b)  Guard services

1. Securely store prohibited items according to POSOPs until CBSA recovers the item(s)
2. Immediately inform the CBSA upon detection of prohibited items and carry out further instructions and guidance provided by the CBSA
3. Hand over any medication found during searches to the CBSA and/or to Medical Services
4. Record prohibited items, complete an incident report and submit them to the CBSA

c)  Medical services

1. Authorize, store or dispose of, if necessary, any medication (over-the-counter or prescribed) that a detainee possesses upon arrival or anytime during detention

2)  Operational delivery

a)  Confiscation, reporting and storage

1. Searches must be conducted consistent with the standard on Searches and POSOPs
2. All prohibited items must be confiscated and stored according to POSOPs
3. Detainees must not have access to confiscated items while in detention
4. The CBSA will, on a case-by-case basis, allow a detainee to identify and make arrangements for a third party to take possession of unauthorized items
5. A detailed incident report must be completed for all prohibited items found, submitted promptly, and placed on the detainee file
6. Medically prescribed items that are not approved for detainee use by Medical Services must be surrendered to Medical Services for proper handling
7. Prohibited items must be reported to the appropriate law enforcement authority
8. Prohibited items must be preserved as directed by the appropriate law enforcement authority

b)  Disposal or destruction

1. The disposal or destruction of prohibited items will be determined by the CBSA in accordance with POSOPs or pursuant to instructions provided by the appropriate authority (for example, Canadian Food Inspection Agency, law enforcement authority)
2. The detainee must be notified in writing when a prohibited item has been disposed of or destroyed and a copy of the notification must be placed in the detainee's file

c)  Unclaimed prohibited items

1. When prohibited item is found in an open area and unclaimed, the CBSA must attempt to determine ownership, pursuant to the standard on Prevention and Management of Breaches, by retrieving and reviewing CCTV footage where available
2. Regardless of ownership, the prohibited item must be confiscated and stored consistent with this standard and POSOPs

d)  Unauthorized items

1. Unauthorized items will be returned to the detainee upon departure
2. Items that are listed in Annex A are to be removed from the detainee and their belongings and kept in a clear bag with their name, in a secured location
3. Where a detainee is leaving detention and directly departing from Canada, the detainee may obtain their removed items from Annex A, upon discharge only
4. Where a detainee is leaving detention and directly departing from Canada, the detainee must identify and make arrangements for a third party to take possession of the unauthorized items
5. Where the detainee cannot identity a third party to take possession of the unauthorized items, refuses to take possession of or leaves them behind, the unauthorized items will be disposed according to the standard on Funds, Valuables and Other Personal Property

2.3  Facility security and access control

2.3.1  Purpose and scope

To provide national direction on facility security and access control of the Immigration Holding Centres (IHC) and other Canada Border Services Agency (CBSA) detention facilities, including the control of entries, exits and movement within a facility, of authorized persons, assets and personal items

2.3.2  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 and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

2.3.3  National standards

1. Only authorized persons, assets and personal items may enter, circulate in and exit an IHC or other CBSA detention facility
2. CBSA security clearances are obtained as required
3. Practices for safe storing of firearms and other defensive tools (controlled assets) are observed at all times by CBSA officers and, unless exigent circumstances exist, by law enforcement officials attending an IHC
4. To be read in conjunction with the following standards: Immigration Holding Centre Emergency Management Plan; Key and Lock Management; Counts and Security Patrols; Contraband; Visitation; Searches; Admission and Discharge; Facility Maintenance and Housekeeping; Training

2.3.4  Definitions^{Footnote 1}

Access control: Ensuring authorized access within a facility or restricted areas by using access control methods

Access control methods: The methods used to prevent unauthorized access including person-based systems (that is, the use of guards to screen visitors and materials upon entry, and to escort visitors while onsite), physical characteristics (for example, signatures), or access control items (that is, keys and access cards), allowing for control and monitoring of movement into, within and out of a facility

Asset: Tangible or intangible things of the Government of Canada; assets include but are not limited to information in all forms and media, networks, systems, materiel, real property, financial resources, employee trust, public confidence and international reputation

Controlled assets: Refers to assets that have been assessed as requiring specialized internal security controls that are integrated into ongoing operations throughout their life cycle from procurement and issuance, to transit, repair, maintenance, return and disposal (for example, badges, identification cards, authority/designation cards, firearms, defensive tools, ammunition, CBSA stamps, etc.)

Facility: A physical setting used to serve a specific purpose. A facility may be a part of a building, a whole building or a building plus its site (that is, IHC and its grounds, detention cells in inland enforcement offices)

Operations zone: The area where access is limited to staff who work there and to properly escorted visitors (for example, administrative offices, CBSA offices). These zones should be monitored periodically by security patrol or CBSA employees working at the facility, based on a threat and risk assessment

Physical security: The use of physical safeguards (for example, locks, alarms, barriers, etc.) to prevent or delay unauthorized access to assets, to detect attempted and actual unauthorized access and to activate appropriate responses

Public zone: The area surrounding a facility to which the general public has access

Reception zone: The transitional area from a public zone to a restricted-access area generally located at the entrance of a facility. It is where initial contact with visitors occurs, services are provided, information is exchanged, and where access to restricted areas is controlled

Restricted access areas: The work areas where unescorted access is limited to authorized and security screened individuals (for example, Operations zones, Security zones)

Security patrol: Observation of designated areas of the facility (inside and outside) generally by Guard Services to ensure the security of the facility and the well-being of detainees

Security screening: The process of verifying and authorizing entry of persons and/or materials prior to allowing access to a restricted area (that is, presentation of valid government-issued identification documents, use of baggage scanner, metal detectors, frisk search, etc.). Refer to standard on Visitation and Searches

Security zone: The area to which access is limited to authorized staff and to authorized and properly escorted visitors only. Security zones are monitored 24 hours a day and 7 days a week by facility staff, including by electronic means

High risk detainee: Persons who CBSA identifies that pose a risk to themselves, other detainees, or staff. These individuals may have a documented history or pattern of violent or aggressive crimes and / or behaviour. They may pose a significant escape risk from legal custody. Individuals may have also demonstrated behavior or non-compliance of detention facility rules causing a risk to themselves, other detainees or staff.

2.3.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Manage and monitor all practices related to facility security and access control according to established CBSA security policies and operational and security requirements
2. Develop POSOPs outlining procedures on authorized entry to, circulation within, and exit from the facility, of persons, vehicles, assets and personal items, taking the physical layout and operational requirements into consideration
3. Designate entry and exit areas for staff, visitors, detainees, vehicles and assets, including controlled assets
4. Designate areas where security patrols and searches must occur to ensure the safety, good order and security of detainees, staff and the facility
5. Monitor activities to ensure that access to the facility and its security zones is authorized and appropriately controlled (for example, verify visitor logs, key control logs, review of Closed Circuit Television System (CCTV) footage)
6. Ensure sufficient and appropriate staffing by Guard Services to maintain facility security and access control
7. Inform Guard Services of any special, restricted or detected unauthorized entry to the facility (for example, provide information for planned visitations of non-governmental organizations, other government officials)
8. Take appropriate action when unauthorized access is detected
9. Ensure maintenance and repair of access control systems and monitoring equipment as required
10. Authorize, on a case-by-case basis, staff possession of personal items not listed in this standard or the POSOPs
11. Consider the risk level of the facility and the detainee’s needs when structuring the movement of authorized persons, visitors, and detainees within the facility. Movement of high risk detainees will be managed in such a way that contact with the remaining detention population will be restricted and avoided where possible
12. Develop POSOPs outlining procedures on authorized entry to, circulation within, and exit from the facility, of persons, vehicles, assets and personal items, taking the physical layout and operational requirements into consideration with respect to high risk detainee population

b)  Guard services

1. Ensure facility security and access control according to this standard, other related standards and POSOPs
2. Control and monitor access to, within and from the facility
3. Log the date, name, arrival and departure times of authorized visitors
4. Ensure that visitors entering the facility are screened in accordance with the standard on Visitation
5. Ensure that only persons, vehicles and personal items that are authorized are granted entry to the facility
6. Monitor to ensure that all persons use the front entrance and reception area, with the exception of CBSA staff working at the IHC and staff dropping off or picking up a detainee at Admissions and Discharge
7. Issue proper identification to persons authorized and granted access to security zones
8. Ensure that CBSA officers not working at the IHC and police officers safely store their firearms and other defensive tools in the designated area prior to entering the facility, unless attending for an emergency response
9. Ensure that all authorized visitors are escorted within the facility, unless they have a valid CBSA-approved security clearance and are authorized by the CBSA to move freely within designated areas of the facility
10. Issue and retrieve all CBSA-issued contractor identification cards and communication radios
11. Issue and retrieve keys according to the standard on Key and Lock Management
12. Log all controlled assets issued for use in the facility and those authorized to enter and/or exit the facility
13. Maintain an accurate count of all visitors in all CBSA areas of the facility
14. Ensure detainees do not gain access to restricted access areas
15. Conduct security patrols consistent with the standard on Counts and Security Patrols and POSOPs
16. Immediately notify the CBSA in the event of a CCTV failure
17. Seek authorization from the CBSA if there is a requirement, for personal reasons, to be in possession of an item not listed as authorized in this standard and POSOPs
18. Consider the risk level and needs of detainees when facilitating the movement of authorized persons, visitors, and detainees within the facility. Movement of high risk detainees will be managed in such a way that contact with the remaining detention population will be restricted and avoided where possible.
19. All detainees classified as high risk are to access and move through the facility in such a way where interactions with the remaining detention population are restricted and avoided at all times

2)  Operational delivery

a)  General

1. Access to the facility may be granted at the sole discretion of the CBSA, and may be revoked at any time
2. All persons required to use the front entrance must sign-in and sign-out at Reception upon arrival and upon departure
3. Authorized visitors must be escorted while visiting a facility unless they have a valid CBSA-approved security clearance and are authorized by the CBSA to move freely within designated areas of the facility
4. Signage must be visibly posted at the facility entrance to serve as notification of the use of CCTV for security purposes
5. Signage must be visibly posted at the facility entrance to serve as notification that visitors are subject to a search before and after their visit, according to the standard on Visitation, this standard and POSOPs
6. All contracted staff (Guard Services, Medical Services, Maintenance and Cleaning, Food Services and other authorized contractors) must be issued an access card on a daily basis, programmed for access according to their security level and authorized access
7. All keys issued to contracted staff at the beginning of a shift/work day must be returned/retrieved at the end of every shift/work day according to the standard on Key and Lock Management

b)  Identification and screening requirements in IHCs

1. Visitors whose primary purpose is to visit a detainee (personal or professional visits)
   1. Must enter and exit through the front entrance and present their government-issued identification document at Reception
   2. Must undergo security screening according to the standard on Visitation
2. CBSA staff whose primary work location is the IHC and CBSA staff dropping off or picking up a detainee
   1. May enter and exit through a dedicated entrance (for example, separate entrance, Admission and Discharge entrance)
   2. Must wear CBSA-issued identification/pass at all times
   3. Are subject to practices for safe storing of firearms and other defensive tools, according to the CBSA Directive on Agency Firearms and Defensive Equipment (Apollo), this standard and POSOPs
   4. May store and access keys in key managers/electronic lock boxes where available, according to the standard on Key and Lock Management
3. Other CBSA employees
   1. Must present their government identification card upon arrival
   2. Must wear CBSA-issued identification/pass at all times during the visit
   3. Are subject to practices for safe storing of firearms and other defensive tools, according to the CBSA Directive on Agency Firearms and Defensive Equipment (Apollo), this standard and POSOPs
4. Contracted staff (guard services, medical services, food services, housekeeping services, maintenance services)
   1. Must enter and exit through the front entrance and report to Reception
   2. Must wear CBSA-issued identification for contractors at all times
   3. Must undergo security screening according to the standard on Visitation
   4. Must be issued the appropriate key(s) according to CBSA access authorizations and the standard on Key and Lock Management and POSOPs
5. Other government department/agency employees
   1. Must enter through the front entrance and present their government identification card at Reception
   2. Must wear government-issued identification/pass at all times during the visit
   3. Must undergo security screening according to the standard on Visitation
6. Law enforcement officers and emergency services:
   1. May enter through any entrance as instructed by the CBSA and present their identification cards and/or badges
   2. Are subject to practices for safe storing of firearms or other defensive tools, according to CBSA policy, this standard and POSOPs
   3. If their presence at the facility is the result of an emergency response, applicable exceptions to the above may be granted by the CBSA

c)  Firearms and other defensive tools

1. Under no circumstances are CBSA officers permitted to don a duty firearm while in the facility (refer to the Operational Bulletin: Donning a duty firearm within an Immigration Holding Centre (OBO-2019-034))
2. No firearms are permitted in the facility except in exigent circumstances, in accordance with CBSA policy
3. In exigent circumstances, where police intervention or response is required, attending police officers must be allowed entry to the facility with the tools, defensive or otherwise, they deem necessary in order to ensure officer safety, protect civilians and to preserve evidence
4. iv) The proper storage of firearms and other defensive equipment at the facility must be outlined in POSOPs according to the CBSA Directive on Agency Firearms and Defensive Equipment (Apollo), CBSA Cell Extraction Policy, and this standard
5. Prior to being granted access to the facility, CBSA officers must ensure:
   1. Their duty firearm is unloaded and is safe to store
   2. Their duty firearm and ammunition are placed in a locked and secure locker or DASCO unit
   3. They are in possession of the key to the locker or DASCO unit

d)  Closed circuit television system (CCTV)

1. The CBSA Policy on the Overt Use of Audio-Video Monitoring and Recording Technology must be respected at all times
2. Placement of the CCTV cameras and viewing stations must provide effective security of the facility and protection of the health and safety of facility staff, detainees and visitors
3. CCTV may be used to ensure the integrity and quality assurance of CBSA programs at all facilities
4. CCTV may be used to monitor or control access to CBSA facilities, assets and equipment to ensure that only those persons authorized have access
5. Monitoring and review of CCTV footage may be used to enable an appropriate response to unlawful activity or unauthorized access to CBSA facilities, assets, including the identification and investigation of persons involved in such activity
6. Signage must be visibly posted in facilities to serve as notification of the use of CCTV for security purposes
7. Only authorized persons may have access to CCTV footage

e)  Authorized items for visitors

1. Persons attending for personal visits are not permitted to bring personal items into a facility with the exception of baby bottles (plastic) with formula/milk, unless prior authorization is granted by the CBSA (refer to the standards on Contraband and Visitation)
2. Persons attending for professional visits may be permitted, upon request and on a case-by-case basis, to bring electronic items (that is, laptop computer) into the facility solely for the purposes of carrying out their work (refer to standard on Visitation)

f)  Authorized items for staff working at a facility

1. The following items are authorized for staff working at the facility and are subject to change by the CBSA:
   1. Health care items: physical aids such as canes, braces, hearing aids, vision aids, prescription and over-the-counter pain relief/cold and flu medications (for the duration of the shift only), emergency related (for example, Epipens, heart, bronchial dilator/inhaler, diabetic monitoring/blood sugar diagnostics), eye contacts and solution
   2. Personal items (binders, notepads, clothing required to carry out duties)
   3. All government/CBSA/third party contractor issued identification
   4. All government/CBSA or nationally approved medals or pins or buttons
   5. Newspapers, magazines, books
   6. Non-metal utensils and cutlery
   7. Thermal containers/bottles
   8. Personal hygiene items excluding aerosol containers or flammable substances
   9. Personal jewelry
   10. Small bag (briefcase, tote, sports) for carrying items needed to carry out duties
   11. Lunch bag
   12. Purse and/or wallets
   13. Religious items (see standard on Searches for more details)
2. Other items not listed may be authorized by the CBSA on a case-by-case basis

g)  Training

1. Consistent with the standard on Training, training on access control, key control and orientation and operation of security systems must be provided to appropriate facility staff prior to being eligible to perform duties on their own

2.4  Funds, valuables and other personal property

2.4.1  Purpose and scope

To provide national direction on the handling, storage, access, possession, control and protection of detainee funds, valuables and other personal property while detained under the Immigration and Refugee Protection Act (IRPA)

2.4.2  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 and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

2.4.3  National standards

1. Detainee funds, valuables and other personal property are treated with care and respect at all times
2. Detainee funds are sorted, counted, recorded, and safely stored in the presence of the detainee
3. Valuables are itemized, recorded and photographed, and safely stored in the presence of the detainee
4. Other personal property that exceeds the allowable limits are clearly labelled and stored in a designated secure area
5. Items that are listed in Annex A are to be removed from the detainee and their belongings and kept in a clear bag with their name, in a secured location
6. The CBSA is to provide the individual detained with the choice of keeping their original piece of clothing with the prohibited item removed, or to provide them with an alternative piece of clothing to replace the one that will be confiscated and bagged
7. Detainees are permitted to receive, access and keep in their possession certain authorized items that do not jeopardize the safety and security of detainees, staff or the IHC so long as they are not on the list of prohibited items
8. Detainees are given access to their funds, valuables and personal property at a minimum once per day
9. Upon release from detention, transfer to another correctional facility, or removal from Canada, all funds, valuables and personal property are returned to the detainee
10. Claims against the CBSA for compensation of lost, missing or damaged property are treated in accordance with CBSA Guidelines on Claims and Ex-Gratia Payments
11. Unwanted and unclaimed detainee property are treated in accordance with POSOPs

2.4.4  Definitions

Funds: Cash (all currencies), and other monetary instruments (uncashed cheques, money orders, etc.)

Other personal property: Personal property, other than funds and valuables

Valuables: Personal possessions that are costly and/or precious, especially small objects such as jewellery, watch, cell phone, electronic devices, etc.

2.4.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure that POSOPs clearly outline procedures around safe and secure handling, storage, access, possession, control and protection of detainee funds, valuables and other personal property, including for persons detained in non-CBSA facilities
2. Inform detainees of the process regarding the handling, storage, and access to their funds and personal property and ensure they understand in case of language barriers
3. Inform detainees of the process regarding the handling, storage and access to personal property that has been removed from their person or belongings and ensure they understand in case of language barriers
4. Should the detainee not have an alternative option for an item confiscated (such as shoes or clothing), the CBSA must replace the item needed within a 24 hour time frame
5. Upon a detainee's written consent, arrange to have excess personal property picked-up by or delivered to a designated third party
6. Investigate, document and conclude lost, missing or damaged property claims
7. Regularly monitor implementation of procedures

b)  Guard services

1. Ensure that all Guard Services personnel understand and follow the procedures for handling of detainee funds, valuables and personal property
2. Ensure accurate recording (double checked) of funds and valuables
3. Treat and process funds, valuables and other personal property in accordance with this standards, any other applicable standards and POSOPs

2)  Operational delivery

a)  General

1. All funds, valuables and other personal property entering a facility including items delivered by a member of the public must be searched, authorized to enter, and be treated in accordance with this standard, any other applicable standards and POSOPs
2. All funds and valuables stored must be recorded on a property receipt and an up-to-date copy provided to the detainee
3. All funds and valuables must be stored and retrieved from a safe or lock box in the presence of 2 authorized persons (for example, the detainee and a guard or CBSA)
4. Perishable food items must be removed and disposed of in accordance with POSOPs
5. Identity documents such as passport, birth certificate, license, etc., must be given to the CBSA for seizure
6. All medication must be placed in a sealed plastic bag and given to Medical Services
7. Contraband and unauthorized items must be treated in accordance with the standard on Contraband

b)  Funds

1. All funds must be recorded on a property receipt, identified by type (cash, coins, money order, etc.), currency and denomination, in the presence of, and acknowledged and signed by the detainee (where possible) or another authorized person
2. All funds must be accounted for and stored in the presence of the detainee, in an assigned safe or lockbox located in a designed secure area
3. Detainees may keep in their possession no more than $50CAD in order to make purchases (that is, vending machines, canteen service, calling cards)
4. All fund transactions (deposits and withdrawals) must be recorded on a property receipt and acknowledged and signed by the detainee (where possible) or another authorized person

c)  Valuables

1. All valuables must be recorded on a property receipt, inventoried in detail and photographed, in the presence of, and acknowledged and signed by the detainee (where possible) or another authorized person
2. All valuables must be accounted for and stored in the presence of the detainee, in an assigned safe or lockbox located in a designated secure area
3. Return of valuables in the detainee's possession to a lockbox or safe, and retrieval by the detainee of authorized valuables must be treated in accordance with i)

d)  Other personal property

1. Detainees may keep personal items (for example, clothing, footwear, reading material) in their living unit as outlined in POSOPs
2. Personal property which may not be kept in living units must be clearly labelled and stored in a designated secure area
3. Personal property may be exchanged over the detention period, where reasonable and authorized

e)  Lost, missing or damaged property

1. Claims against the CBSA for compensation of lost, missing or damaged property will be treated in accordance with CBSA Guidelines on Claims and Ex-Gratia Payments
2. Claims where the Guard Services company is found responsible will be granted in accordance to the terms of the contract with the Guard Services company
3. Where a detainee is held at an IHC or whose personal property is stored at an IHC and makes a claim regarding lost, missing or damaged property, the CBSA must meet with the detainee to gather all relevant facts
4. The CBSA must meet with the Guard Services management to pursue an investigation
5. The CBSA may request that a search be conducted of all detainee living units;
6. Should a detainee held in a non-CBSA facility inform the CBSA of lost, missing or damaged property while detained there, the CBSA must notify the facility authorities who will pursue the claim based on procedures in place in that facility. The CBSA must follow-up with the detainee and the facility as required

f)  Unwanted or unclaimed property

1. Disposal of any unwanted or unclaimed property will be done in accordance with POSOPs
2. Upon release, when a detainee wishes to donate personal belongings to another detainee, CBSA approval must be obtained. The transfer of personal property must be recorded and signed by the detainee

2.5  This standard is not available publicly

2.6  This standard is not available publicly

2.7  Post orders and standard operating procedures

2.7.1  Purpose and scope

To provide national direction on the development of local post orders and standard operating procedures (POSOPs) for all Canada Border Services Agency (CBSA) Immigration Holding Centres (IHC) and CBSA detention operations

2.7.2  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 and detention operations will have local POSOPs consistent with this standard

2.7.3  National standards

1. Local POSOPs contribute to effective detention operations, aiming to ensure facility security, safety and good order, and provide all staff working in detention operations with clear policies, procedures, practices, duties and responsibilities
2. Local POSOPs align with the National Immigration Detention Standards and are done in consultation with other regions to ensure operational alignment where possible
3. Local POSOPs are kept secure at all times and never left in an area accessible to detainees or visitors

2.7.4  Definitions

Post orders: A written document that clearly outlines duties, responsibilities and expectations of Guard Services personnel assigned to a specific security post

Standard operating procedures: A written document that outlines procedures, expected practices and policies applicable to detention operations at a specific location (IHC) that align with the National Immigration Detention Standards

2.7.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure that local POSOPs are prepared in both official languages (English and French) and are aligned with the CBSA National Immigration Detention Standards, the CBSA manuals and policies and IHC facility operational practices
2. Ensure the POSOPs are up-to-date and relevant at all times, reflecting any operational change(s)
3. Secure Regional Director, Intelligence and Enforcement approval of POSOPs and updates
4. Keep and maintain an up-to-date printed copy of POSOPs in a secure location accessible and known to CBSA staff
5. Provide the most current version of POSOPs to contracted service providers (for example, Guard Services, Medical Services, Food Services, etc.)
6. Undertake periodic reviews to ensure that contracted service providers are aware of expected duties and responsibilities
7. Provide the Detention Program at National Headquarters (NHQ) with a current copy of all POSOPs
8. Integrate changes to local POSOPs made by the Detention Program at NHQ to ensure national consistency in operational delivery and alignment with national policies and practices

b)  Guard services

1. Provide (mandatory) training to Guard Service personnel on the National Immigration Detention Standards and the POSOPs, consistent with the standard on Training and according to the terms and timelines outlined in the applicable guard services contract
2. Ensure that Guard Services personnel have read and understood the POSOP's before being assigned to a post
3. Ascertain that personnel has read and understood the post orders by acquiring individual signed attestations
4. Provide a copy of all signed attestations to CBSA
5. Ensure that personnel are made aware in a timely manner of all changes to the POSOPs
6. Keep and maintain an up-to-date printed copy of POSOPs in a location accessible and known to all Guard Services personnel

2)  Operational delivery

a)  Update of post orders and standard operating procedures

1. IHC staff (CBSA or Guard Services personnel, contracted personnel) who become aware, through the course of their duties, that a post order or standard operating procedure is out of date must notify the CBSA
2. Local POSOPs must be updated as required throughout the year
3. A formal annual review of the local POSOPs must be completed and recorded as such
4. Staff must be consulted in the context of the formal annual review of the local POSOPs

2.8  Searches

2.8.1  Purpose and scope

To provide national direction on searching persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) and any relevant areas (living units, detention cells, vehicles, etc.). For individuals detained and held at a non-CBSA facility, search procedures following admission will be guided by the policies and rules of each facility

2.8.2  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 and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

2.8.3  National standards

1. All detainees are treated with dignity, respect, fairness and professionalism in a manner that respects gender, religious and cultural considerations and vulnerability
2. All detainees and relevant areas inside and outside of the facility are searched to ensure safety, good order and security of the detainees, staff and the facility
3. A frisk search must be conducted on all detainees every time they leave or return to a detention facility, and following visits, following return from the exercise yard and any other time as directed by POSOPs
4. Every reasonable effort must be made to secure cooperation and minimize embarrassment
5. Searches must be conducted under closed circuit (CCTV) cameras where possible
6. Searches must be conducted without unnecessary force
7. Searches of religious items must be conducted with care, respect and the support of a Chaplain, when this can be made available
8. Where there are reasonable grounds to believe there is an immediate risk to the safety and security of individuals, other detainees, IHC staff and/or CBSA staff, frisk searches may be conducted despite normal accommodations
9. Where contraband or unauthorized items are found, a record must be kept and procedures followed pursuant to this standard and the standard on Contraband and Prevention and Management of Breaches
10. This standard must be read in conjunction with: Section 8 of the Canadian Charter or Rights and Freedoms which states that everyone has the right to be secure against unreasonable search or seizure; CBSA Enforcement Manual Part 6, Searches and Enforcement Actions: Persons, Chapter 6: Personal Search Policy and Procedures and ENF 12 manual (Search, Seizure, Fingerprinting and Photographing); IL3 (Instrument of Designation and Delegation); and the following standards: Admission and Discharge of Detainees; Facility Security and Access Control; Lesbian, Gay, Bisexual, Transgender and Intersex Individuals; Visitation; Contraband; Transportation of Persons Detained Under the Immigration and Refugee Protection Act; Prevention and Management of Breaches and, Management and Control of Contractors' Tools and Instruments

2.8.4  Definitions

Area search: The search of relevant areas within and outside a facility as outlined in this standard and POSOPs

Frisk search: A frisk search, also referred to as a “pat-down”, is a manual search of a person which involves patting the person's clothing or running hands along the clothing to detect any bulges that may indicate hidden items. A hand held metal detector may be used prior to or during a frisk search to scan for concealed weapons^{Footnote 2}

Chaplain: An individual under contract by the CBSA or a volunteer, who attends the IHC in order to provide multi-faith religious and spiritual guidance and support. The Chaplain works with various faith communities and assist detained individuals explore their religion, spirituality and personal growth.

2.8.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Establish POSOPs consistent with this standard and CBSA policy to ensure that public areas, designated secure areas, living units, detention cells are searched routinely, and at irregular intervals
2. Conduct necessary searches when required
3. When requesting that a religious item be separated from a detainee or contracted staff , ensure that the individual is provided with space to privately and discretely remove it (during a search) and replace it (following a search)
4. When the search of a religious item is required, the officer may first have the detainee or contracted staff manipulate the religious items themselves while the officer conducts a visual inspection
5. If available, a Chaplain may inspect and manipulate the religious item in the officer’s presence and with the officer’s directive
6. Inform detainees of the search requirements and of the behaviour and conduct expected of them during searches. Ensure they understand in case of language barriers
7. Review search records and any associated incident reports, and take action consistent with the standards on Contraband and Prevention and Management of Breaches where applicable

b)  Guard services

1. Conduct frisk searches on detainees and area searches consistent with this standard and POSOPs
2. Request CBSA Officers to conduct the search of religious items
3. Operate hand-held metal detectors, metal detector portals and baggage scanners (where available) at all entrances and any other areas who carry out detention operations. Refer to standard Visitation
4. Consistent with the standard on Prohibited Items, where prohibited or unauthorized items are found, immediately inform the CBSA and follow instructions provided

c)  Medical services

1. Where there is no emergency, consult with CBSA if it is determined that a search of a detainee is recommended

2)  Operational delivery

a)  Detainee searches

1. General
   1. Detainees: Detainees must be frisk searched by authorized personnel of the same gender, consistent with this standard, POSOPs and CBSA policy
   2. Vulnerable persons: Sensitivity for the needs of vulnerable persons must be demonstrated. CBSA must be informed of any case where a detainee may require special consideration
   3. Religious items: Detainees are to maintain possession of their religious items if said item does not pose a risk to the security and safety of the facility or the persons located within the facility
2. Minors
   1. Only a hand-held metal detector may be used
   2. When accompanied, the minor's parent or legal guardian must be present during the search
   3. Searches must be conducted with 2 authorized persons present
   4. Authorized personnel conducting a search involving a minor must demonstrate particular sensitivity for the emotional well-being of the minor
3. Transgender and intersex individuals
   1. Searches should never be conducted for the purpose of determining someone's gender identity or sex assigned at birth
   2. The gender identity of the officers conducting the search should be guided by the gender marker selected on the forms received upon admission (that is National Risk Assessment for Detention (BSF754), Detainee Medical Needs (BSF674), unless requested otherwise
   3. In circumstances where the gender marker on any form received upon admission is absent or marked as “other”:
      1. Consistent with the standard on Lesbian, Gay, Bisexual, Transgender and Intersex Individuals (LGBTI), the detainee should be respectfully asked which gender they identify with and searched according to this standard
      2. If a detainee refuses to state their gender identity, then the search should be done according to the perceived gender identity unless requested otherwise, according to this standard
   4. Where a transgender or intersex detainee elects to be searched by a male and female officer (split search), the detainee must be provided the choice of which body parts (that is upper body and lower body) are searched by whom
   5. Searches must be conducted with 2 authorized persons present

b)  Visitor security screening

Refer to standard on Visitation

c)  Area searches

1. General
   1. Searches of all areas must be immediately undertaken upon detection of missing, lost or unaccounted tools and instruments (refer to standard on Management and Control of Contractors' Tools and Instruments)
2. Public areas (area to which the public has free access)
   1. Areas identified as public and the frequency of searches in those areas must be covered in POSOPs (that is Reception, Lobby)
   2. Public areas must have signage stating that persons may be subject to a search
3. Secure areas (area where access must be provided to public by authorized personnel)
   1. Areas designated as secure and the frequency of searches in those areas must be covered in POSOPs (that is Contact Visitation Area, Non-Contact Visitation Area, Interview Rooms)
   2. Designated secure areas must have signage stating that persons may be subject to a search
4. Living units
   1. Upon CBSA approval, at minimum twice per week and according to POSOPs, Guard Services personnel will conduct searches of living units, including detainees' rooms and the personal items contained within their space
   2. Searches do not require notice to or approval from the detainee and will be conducted in the detainee's absence
   3. Personal property of the detainee must be respected and never willfully discarded or broken
   4. For safety and security purposes, a minimum of 2 authorized persons must be present when searching living units where there is no CCTV coverage
5. Detention cells
   1. Must, at minimum, be searched before and after use and according to POSOPs
6. Vehicles
   1. Pursuant to the standard on Transportation of Persons Detained Under the Immigration and Refugee Protection Act, prior to departure and upon return, a complete and thorough inspection and search of the vehicle must be undertaken to ensure the safety and security of all passengers

d)  Search results

1. All unauthorized items and contraband will be confiscated and handled in accordance with the standard on Contraband
2. If a religious item cannot be approved for use in a detainee’s living unit for security or safety reasons, the CBSAmay arrange a time and space for the detainee to access said item under supervision

e)  Refusal of a search

1. Detainees who refuse to comply with a search will be reported to CBSA and placed in a separate area under constant supervision until CBSA provides further instruction
2. Where a search is refused, the appropriate incident report (that is, Security Incident Report (BSF152) or Contracted Security Guard Incident and Use of Force Report (BSF383) must be completed and submitted to the CBSA
3. In accordance with the standard on Prevention and Management of Breaches, refusal of a search may be considered a breach of facility rules and subject to any course of action outlined in that standard

2.9  Use of Restraints and Use of Force (with respect to the use of restraints)

2.10  Management and control of contractors' tools and instruments

2.10.1 Purpose and scope

To provide national direction for the management and control of the tools and instruments used by contractors to maintain detention operations in a Canada Border Services Agency (CBSA) Immigration Holding Centre (IHC)

2.10.2  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

2.10.3  National standards

1. CBSA-owned tools and instruments are inventoried, accounted for and inspected regularly to safeguard against any potential risks associated with loss, damage and/or use of such items for purposes other than their intended use
2. Tools and instruments used by CBSA and contracted service providers are safely stored when not in use
3. Protocol for missing, lost or unaccounted tools and instruments is undertaken by the CBSA and contracted service providers upon detection, in accordance with the standard on Searches

2.10.4  Definitions

Tools and instruments: Items such as (non-exhaustive list) communication radios, hand, power and gardening tools, ladders, electrical extension cords, food preparation utensils, eating utensils, medical instruments, syringes, that if misused, could pose a threat to the security of the IHC and/or the safety of detainees, staff and the public

2.10.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure that POSOPs clearly identify all procedures related to the management, accountability and control of tools and instruments
2. Notify Guard Services of scheduled visits by non-IHC personnel attending for maintenance/repair services, to arrange for appropriate escort and monitoring of the use of tools and instruments
3. Verify that inventories of tools and instruments used in the IHC or transport vehicles are consistently recorded, updated and retained by contracted service providers where contractually required
4. As part of regular rounds, monitor operations to ensure that tools and instruments are properly stored
5. Take appropriate action upon receipt of information concerning the loss or improper use of tools and instruments
6. Order a search when missing, lost or unaccounted tools and/or instruments are reported, consistent with the standard on Searches

b)  Contracted service providers (including but not limited to, guard services, medical services, food services, housekeeping services, maintenance services)

1. Identify and notify the CBSA of the authority responsible for the management and control of tools and instruments used for service delivery in respective areas
2. ii) Ensure appropriate management and control of all tools and instruments used in the delivery of those services:
   1. Ensure that all tools and instruments are properly stored when not in use. Never leave any tools or instruments unattended in areas where detainees have access
   2. Where possible, mark tools and instruments so they may be easily identifiable
3. Immediately report to the CBSA any loss of, or incident related to, an instrument or tool, and complete an incident report, consistent with POSOPs

c)  Guard services

1. Escort all non-IHC personnel during ingress, egress and movement within the IHC to maintain a safe and secure environment and monitor compliance with security and safety policies and procedures

2.11  Special purpose units

2.11.1  Purpose and scope

To provide national direction on the use of special purpose units (medical isolation, flex and detention cells) in CBSA facilities, including IHCs, ports of entry, and inland offices.

2.11.2  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

2.11.3  National standards

1. A detainee is placed in a special purpose unit only where it is required and according to the standard on Classification and Placement of Detainees in Detention Facilities, (for example, for protection, for heightened monitoring and observation and/or to avoid a serious and imminent threat of self-harm, injury to others, or serious destruction of property)
2. Detainee health and well-being are monitored by IHC staff
3. Measures are implemented to avoid isolation to the greatest extent possible and to meet the physical, emotional and spiritual needs of persons held in special purpose units, while ensuring the health, safety and security of the detainee, other detainees, staff and the IHC
4. This standard should be read in conjunction with the ENF 20 manual (Detention) and the following standards: Classification and Placement of Detainees in Detention Facilities; Admission and Discharge; Facility Security and Access Control; Prevention and Management of Breaches; Visitation; Detention in Non-CBSA Facilities; Vulnerable Persons and Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Individuals

2.11.4  Definitions

Detention cell: A basic individual cell used for the shortest time possible (not normally exceeding 48 hours) and where no other unit in the IHC is secure enough to accommodate the detainee due to the safety and security risks the person may pose to themselves, other detainees, staff and/or IHC property.

Flex unit: A unit used in circumstances where the protection of a detainee is required (requested by the detainee or deemed to be in their best interests or those of other detainees) and/or where additional one-on-one observation or monitoring are necessary (for example, a transgender person whose preferred placement at admission was in a men's unit becomes concerned for his safety and requests placement elsewhere).

Medical isolation unit: A unit used in circumstances that necessitate the isolation of an individual who is deemed by Medical Services to have medical or mental health issues that require isolation as a result of a concern their condition may compromise their own and others' health and safety or require observation by a medical practitioner (for example, a person has a contagious illness; a detainee is threatening to self-harm and is unstable).

Meaningful human contact: Interactions with another human which provides psychological stimulation. Meaningful human contact is meant to support mental welfare and social interactions which are conducive, empathetic and essential for the well-being of the individual.

2.11.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure the standard on Classification and Placement of Detainees in Detention Facilities is understood by all staff, including CBSA, Medical Services and Guard Services
2. Ensure that the decision to use a special purpose unit is:
   1. Made only for the purpose of ensuring detainee and facility staff safety and security
   2. Made in consultation with medical staff, if necessary
   3. Approved by a Manager if necessary
   4. On a temporary and situational basis, continued only for as long as it is justified by threat to the safety or security of the facility, its staff, or detainee population
3. Approve and document in detail all decisions for placement in a flex unit or detention cell as well as determine the level of supervision and restrictions, if any, in consultation with Medical Services as appropriate
4. Inform the detainee of the reasons for placement and the level of supervision and restrictions, if any, and ensure they understand in case of language barriers
5. Reassess placement as well as appropriate monitoring and observation requirements and restrictions daily and, after the initial 48 hours and every 12 hours thereafter for persons held in a detention cell, consistent with the standard on Classification and Placement of Detainees in Detention Facilities and ENF 20
6. Ensure that proper documentation is on file providing rationale for a vulnerable person to be placed in a detention cell
7. Ensure a report is included on the detainee's physical and electronic file should a detainee be deprived of any usually authorized items or activity
8. Assess placement as well as appropriate monitoring and observation requirements and restrictions at a minimum weekly, or earlier upon receipt of new information for persons held in a flex unit, consistent with the standard on Classification and Placement of Detainees in Detention Facilities and ENF 20
9. Review and follow-up with Medical Services on placement, level of supervision and restrictions, if any, for detainees placed in a medical isolation unit
10. Instruct Guard Services regarding transfer requirements, monitoring and observation requirements and restrictions when placing a detainee in a special purpose unit
11. Review observation logs daily and take appropriate action as required
12. Inform Medical Services of a detainee transfer to a flex unit or detention cell for appropriate assessment
13. Ensure detainees in special purpose units receive the same privileges available to detainees in the general population, when appropriate and consistent with any safety and security considerations for detainees and facility staff

b)  Guard services

1. Ensure implementation of all instructions provided by the CBSA and Medical Services (e.g., transfer requirements, monitoring and observation requirements, restrictions)
2. Ensure that special purpose units are secure at all times
3. Complete, verify and submit observation logs to the CBSA daily as instructed by the CBSA and/or Medical Services and as outlined in POSOPs
4. Complete, verify, and submit observation logs to the CBSA daily for individuals who have been within a detention cell for a period over 48 hours and every 12 hours thereafter until the individual is removed from the special purpose unit
5. Inform the CBSA of any requests related to classification and placement made by a detainee

c)  Medical services

1. Notify the CBSA when the transfer of a detainee to the medical isolation unit or other health facility is advisable and document reasons
   1. Provide any instructions and special measures required for the transfer
   2. Advise on any necessary restrictions
2. Closely monitor the health and well-being of detainees placed in the medical isolation unit, ensuring daily (or more frequent) visits to provide the necessary medical and mental health support
3. Assess daily the need for placement in the medical isolation unit
4. Provide the CBSA with regular updates on the health and well-being of detainees placed in medical isolation
5. Advise the CBSA when a detainee may be released from the medical isolation unit
6. Assess every detainee transferred to a flex unit or detention cell as soon as possible following CBSA notification, and provide necessary care
7. Conduct follow up assessments and develop a treatment plan if necessary

2)  Operational delivery

a)  Placement

1. Placement in a detention cell does not constitute a valid basis for the use of restraints while in the cell. Refer to the standard on Use of Force and Restraints for further guidance.
2. Refer to standard on Classification and Placement of Detainees In Detention Facilities for further guidance.

b)  Duration of placement

1. Placement in a medical isolation or flex unit must only be for as long as is necessary to prevent incidents associated with the placement decision or until circumstances/conditions associated with the placement decision no longer exist or may be mitigated
2. Placement in a detention cell should not exceed 48 hours unless there are extraordinary reasons to justify a longer period. Should the length of time in a detention cell exceed 48 hours, a Manager will conduct a review of the detainee’s placement decision to determine whether said placement is still warranted. The following actions and considerations must be taken when approving the decision to use a detention cell beyond 48 hours:
   1. Consultation with contracted medical staff
   2. Consideration of mitigating strategies such as, but not limited to, meaningful engagement or release on alternatives to detention
   3. Consideration to whether transfer may be appropriate to a hospital or to another facility where the detainee can be housed in an environment better suited to their needs
   4. A written record shall be made of the decision to extend and the justification. The record must include:
      • Manager approval
      • Conditions of detention
      • Offer or provision of services
      • Contact with CBSA staff, contracted service providers, other detainees, or visitors
   5. All documents shall be placed in the detainee’s physical and electronic file
   6. Reassessment of placement must be completed at least once every 12 hours
   7. Rationale must be documented by IHC management in consultation with medical services when a vulnerable person is placed in a detention cell for a period exceeding 48 hours

c)  Recreation and visitation

1. In accordance with the standards on Visitation, and Prevention and Management of Breaches, access to recreational activities and visitation must not be restricted unless recommended for health, safety and/or security reasons by Medical Services or the CBSA
2. Detainees in detentions cells must be provided with the opportunity to spend a minimum of four hours a day outside of their cell, with two hours a day of meaningful human contact
3. Where risks associated with contact visits cannot be mitigated, visits must be conducted in the non-contact visitation area under supervision or by telephone
4. Restrictions must be documented and placed on the detainee's physical and electronic file

d)  Restriction on items or areas

1. Restrictions may be placed on access to the following (non-exhaustive): gym/exercise room (excluding time outdoors); television; radio/music; reading material (excluding religious materials); puzzles, playing cards, board games; telephone and visitations (excluding consular, legal, and Canadian Red Cross Society visits)
2. Restrictions on access to normally authorized items or areas is determined on a case-by-case basis and must only be applied where recommended for health, safety and/or security reasons by Medical Services and/or the CBSA
3. Restricted items may include razors, eating utensils, shoelaces, bed linens and any other item where their possession may pose serious safety and security concerns
4. Restrictions must be documented and placed on the detainee's physical and electronic file

e)  Observation log

1. Guard Services or the CBSA must visually monitor and log the behaviour and activities of detainees in the medical isolation unit, flex unit and detention cells where increased observation is warranted and instructed by Medical Services and/or instructed by the CBSA, and according to POSOPs.
2. Detainees held in a detention cell must be monitored and observed at minimum every 15 minutes, and noted in an observation log.
3. BSF481 Detention Cell Log must be completed and Detainee Access Management system (DAMS) updated daily or on the detainee file when access to DAMS is not availabe. Observation notes must include information such as whether the detainee ate, showered, participated in recreational activities, displayed unusual behavior, made comments that could be cause for concern, received medical attention, received visits from CBSA, participated in visits (contact or non-contact) The BSF481 Detention Cell Log must be completed and DAMS updated daily. Documentation of all activities and actions taken by the CBSA is mandatory.
4. Guard Services must ensure that observation logs are forwarded to the CBSA daily.
5. CBSA must review the logs daily and take necessary action where warranted.
6. Observation logs must be placed in the detainee's file consistent with the standard on Detention Records.

Annex A: Items that are to be taken from CBSA upon arrival of a detainee and returned upon Discharge

The following items are to be taken by the CBSA upon the detainee's arrival to the IHC or other detention facility and placed in a clear plastic bag. These items will be kept out of reach of the detainee for the remainder of their time within the CBSA facility. These items are being removed to ensure the detainee's safety and security while within the CBSA detention facility.

• Shoe laces
• Hair bands/ribbons/wide hair ties – anything more than 4 inches in length
• Belts
• Draw strings in clothing or items
• Scarfs
• Pens/Pencils

Note: Any other items not listed that the CBSA deemed to be a safety hazard will also be removed from the detainee's belongings, with rationale.