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National Immigration Detention Standards
Chapter 5.0:  Activities

From: Canadian Border Services Agency

In this section

5.1  Mail and privileged correspondence

5.1.1  Purpose and scope

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

5.1.2  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 Procedure (POSOPs) consistent with this standard

5.1.3  National standards

  1. Detainees can send and receive mail and privileged correspondence in a timely manner, subject to limitations required for the safety, security and orderly operation of the IHC
  2. No limitations are placed on the volume of privileged correspondence
  3. Mail and privileged correspondence is screened using detection equipment (in other words, ion scanner or x-ray) where technology is available
  4. Privacy rights are respected while protecting the safety of staff and detainees
  5. Where there are reasonable grounds to believe that mail may contain contraband (refer to the standard on Contraband) or other items that could jeopardize the security of the IHC or safety of a person, it may be opened in the detainee's presence, where operationally feasible
  6. Where there are reasonable grounds to believe that privileged correspondence may contain contraband or other items that could jeopardize the security of the IHC or safety of a person, it must only be opened by the detainee in the presence of the CBSA
  7. Mail and privileged correspondence can be denied entry to the IHC if it contains contraband
  8. Incoming and outgoing mail and privileged correspondence is logged for tracking purposes to ensure accountability
  9. Upon receipt, distribution and posting of all mail and privileged correspondence will not exceed 24 hours for letters and 48 hours for packages, excluding weekends and holidays

5.1.4  Definitions

Mail: Letters and packages that are delivered or sent by post or courier

Privileged correspondence: Written communications to or from those listed in section 2c) below

Suspicious mail/packages: Mail or packages which raise suspicion that there may be a maliciously-placed biological, chemical, radiological, or explosive or other hazard within. Indicators include (but are not limited to): no return address, strange odour or noise, protruding wires, excessive postage, excessive wrapping, tape or string, oil stains, leaking, etc.

5.1.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Inform detainees on how they may send and receive mail and privileged correspondence and ensure they understand in case of language barriers
  2. Examine incoming and outgoing mail and privileged correspondence to identify potential contraband items or other items that could also jeopardize the security of the IHC or safety of a person
  3. Open mail as deemed necessary, according to this standard
  4. Attend the opening of privileged correspondence destined to a detainee when there are reasonable grounds to believe that it may contain contraband or other items that could jeopardize the security of the IHC or safety of a person
  5. Evaluate requests for coverage of the costs of sending mail and privileged correspondence when detainees do not have the financial means to do so
  6. Ensure that a cost-efficient shipping method is employed for outgoing detainee mail and privileged correspondence
  7. Provide instructions to Guard Services on follow-up actions (for example, deliver/post mail)
  8. Ensure security incidents related to suspicious mail are reported according to the CBSA's Standard for Security Incident Reporting and the Guidelines regarding significant events
b)  Guard services
  1. Examine mail using available detection technology (in other words, ion scanner or x-ray) where available, or do so visually where unavailable
  2. Log incoming and outgoing mail according to POSOPs
  3. Deliver all incoming and outgoing mail and privileged correspondence to the CBSA and notify the CBSA of any mail and privileged correspondence raising suspicion or concern
  4. Follow instructions provided by the CBSA and outlined in the POSOPs
  5. Deliver screened mail to detainees within 24 hours of receipt
  6. Post outgoing mail when requested, within 48 hours of receipt
  7. Provide CBSA-supplied writing paper, writing implements and envelopes to detainees upon request

2)  Operational delivery

a)  General
  1. Detainees must be informed that their mail may be examined and opened further to the terms outlined in this standard
  2. Incoming and outgoing mail must be processed so as to ensure a safe and secure environment in IHCs, to protect public safety and/or to deter criminal activity, according to POSOPs and this standard
  3. Cash, cheques, and money orders contained in mail must be processed according to the standard on Funds, Valuables and Other Personal Property
  4. Detainees are responsible for the costs of sending their mail and privileged correspondence
  5. Detainees who do not have the financial means, must be referred to the CBSA
  6. When timely communication through the post or courier is not possible, CBSA should allow for a reasonable amount of communication by means of facsimile device between the detainee and his or her designated legal representative
b)  Informing detainees on policy and procedures
  1. Consistent with the standard on Orientation and Information, the CBSA immigration detention information package must include information on the policy and procedures related to mail and privileged correspondence, at minimum including the following information:
    1. Mail and privileged correspondence may be sent and received
    2. Mail and privileged correspondence may be opened and the circumstances that could warrant such an action
    3. The IHC's mailing address
    4. How envelopes and packages must be labelled, including for privileged correspondence (to ensure it is identifiable)
    5. Procedures for sending and receiving mail and privileged correspondence, including obtaining pen, paper and envelopes, and purchasing/obtaining postage stamps
    6. Process and reasons for screening mail and privileged correspondence, indicating that privileged correspondence may only be opened in the detainee's presence, and that all mail is inspected for contraband items or other items that could also jeopardize the security of the IHC or safety of a person according to this standard
    7. A description of the type of items received in the mail that are considered contraband, consistent with the standard on Contraband
c)  Privileged correspondence
  1. Where there are reasonable grounds to believe that privileged correspondence may contain contraband or other items that could jeopardize the security of the IHC or safety of a person, it must only be opened by the detainee in the presence of the CBSA and never copied or read
  2. All privileged correspondence must be clearly identified as such, including the title of the privileged correspondent and the law office to which it is going to or coming from. Failure to do so could result in it being inadvertently opened
  3. Incoming privileged correspondence that is not properly labelled and opened, then identified as such, must not be read, immediately placed in the original packaging, and delivered to the detainee
  4. Outgoing privileged correspondence must never be opened, inspected, or read
  5. The following is a list of authorized privileged correspondents and normally include the office and/or staff thereof:
    1. Lawyers or other legal representatives
    2. Courts and registrars of those courts
    3. Judges
    4. Administrative tribunals (for example, Immigration and Refugee Board of Canada)
    5. Consular officials
    6. Members of the House of Commons
    7. Members of the Senate
    8. Privacy Commissioner
    9. Privacy coordinators for federal departments
    10. Information Commissioner
    11. Canadian Human Rights Commission
    12. Governor General of Canada
    13. Department of Justice
    14. Canadian Public Health Service (including Division of Immigration Health Services)
    15. Health care practitioners
    16. Commissioner of Official Languages
    17. Members of provincial legislatures
    18. Provincial ombudspersons and administrators of grievance systems
    19. Media outlets
d)  Rejection of incoming and outgoing mail
  1. Detainees must be notified in writing, if mail or items contained in mail are rejected according to this standard and the standard on Contraband
  2. A note including the reasons for the rejection must be placed on the detainee file, consistent with the standard on Detention Records

5.2  Use of CBSA Electronic Devices and the Internet

5.2.1 Purpose and scope

To provide national direction on the use of CBSA electronic devices and access to the internet for persons who are detained in immigration holding centres (IHCs) used by CBSA. These directions are meant to ensure reasonable, fair and consistent access to CBSA electronic devices and the internet while ensuring the protection of other detainees, staff and the public while fulfilling the CBSA's responsibilities towards persons detained under the Immigration and Refugee Protection Act.

Note: This standard does not apply to detainees' personal electronic devices. For information pertaining to detainees' personal electronic devices, please see the NIDS on Security.

5.2.2 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 IHC will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

5.2.3 National standards

  1. Detainees have reasonable, fair and consistent access to internet services for the following purposes: a) to research one's own immigration case using Government of Canada and foreign governmental websites; and b) to communicate with family and friends c) to prepare for legal proceedings
  2. Privacy during internet-based calls is maintained (i.e., internet-based calls are not recorded, however they will be monitored). Detained individuals are to be made aware of the methods of monitoring prior to their use of electronic devices
  3. CBSA electronic devices are maintained in proper working order
  4. These standards must be read in conjunction with the following standards: Mail and Privileged Correspondence; Telephone Access; Orientation and Information; Prevention and Management of Breaches; Visitation, Facility Security and Access Control, and Treasury Board Direction on Security Management, Appendix C

5.2.4 Definitions

  1. CBSA Electronic Device: A personal computer, cell phone, smart phone, telephone, mobile device, wireless device, tablet or any other electronic device that is intended for use by CBSA detainees for the following purposes: a) to research one's own immigration case using Government of Canada and foreign government websites; and b) to communicate with family and friends c) Preparing for legal proceedings
  2. Security incident: Any act, event or omission that could result in the compromise or risk to staff, assets, information, operations or services
  3. Virtual visit with family and friends: A visit which allows the detainee and visitors to meet using social media apps and takes place using CBSA electronic devices – see NIDS on Visitation
  4. Use of a CBSA electronic device as a source of information by a detainee in support of their own immigration case: Includes but is not limited to lawfully using a CBSA electronic device to search foreign government websites and Canadian government websites

5.2.5 National operational procedures

1) Responsibilities

a) CBSA (where applicable)
  1. Establish time periods and places within the IHC where CBSA electronic devices can be used as required for the purpose of ensuring fair access and opportunity for all detainees to use CBSA electronic devices. Inform detainees of the CBSA rules related to access and use of CBSA electronic devices to ensure these are understood and engage an interpreter in case of any language barriers.
  2. Arrange for maintenance, repairs, and/or replacements of CBSA electronic devices as required.
  3. Inspect all CBSA electronic devices to ensure they are functional.
  4. Monitor and manage CBSA electronic devices usage to ensure reasonable and fair access for all detainees.
  5. Manage any breaches of CBSA electronic device/internet access rules that may require intervention.
b) Guard services (where applicable)
  1. Inspect all CBSA electronic devices daily to ensure they are functional and report any issues to the CBSA
  2. Monitor and manage CBSA electronic device usage to ensure reasonable and fair access for all detainees
  3. Notify the CBSA of any breaches of CBSA electronic devices/internet access rules that may require intervention

2) Operational delivery

a) Access and Authorized Use
  1. CBSA electronic devices will be used in CBSA-approved spaces.
  2. CBSA electronic devices are the property of the CBSA and are for use by detainees only for the purposes of communication with family, friends, and/or to search information that may support the detainee's immigration case. Please see NIDS on Visitation.
  3. CBSA electronic devices are not to be used for personal or entertainment purposes.
  4. Any unauthorized use of CBSA electronic devices must be reported and is subject to disciplinary action.
b) Privacy
  1. CBSA electronic device placement must where possible provide for privacy (i.e., booths, panels)
c) Personal cellular telephones
  1. Personal cellular telephones must be stored with a detainee's personal belongings as it is an unauthorized item while in detention
  2. Detainees may request temporary access to a personal cellular telephone
  3. Temporary access to a personal cellular telephone must be supervised
d) Limits
  1. For all other calls made on CBSA electronic devices, duration may be restricted, shortened or suspended for the following reasons:
    1. High demand for CBSA electronic devices
    2. During population counts, meal times, scheduled detainee movements, and facility quiet hours
    3. Security (emergency situation, demonstrations, disturbances, fires, power outages, etc.)
e) Storage
  1. CBSA electronic devices must be kept locked at all times in a secure area
f) Lost or stolen CBSA electronic devices
  1. Lost or stolen CBSA electronic devices must be verbally reported immediately to the CBSA
  2. A Contracted Security Guard Incident and Use of Force Report (BSF383) must be completed and submitted to the CBSA by Guard Services, as soon as possible
  3. A CBSA Security Incident Report (BSF152) must be completed and submitted by CBSA employees, as soon as possible
  4. Security incidents must be reported according to the CBSA's Standard for Security Incident Reporting and the Guidelines regarding significant events
g) Maintenance, repair, replacement
  1. Regular verification, maintenance and repair or replacement of CBSA electronic devices must be conducted
  2. As per the responsibilities for the CBSA and Guard Services (section 5.2.5 of this standard), CBSA facility management must be notified as soon as possible of any CBSA electronic device in need of maintenance, repair, and/or replacement

5.3  Recreational activities

5.3.1  Purpose and scope

To provide national direction on detainee access to indoor and outdoor recreational activities within the constraints of safety, security and good order of the Canada Border Services Agency (CBSA) Immigration Holding Centres' (IHC) operations. Where a person is detained and held at a non-CBSA facility, procedures for recreational activities are generally guided by the policies and rules of each facility and where applicable, according to the terms of signed memorandums of understanding

5.3.2  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 will have local Post Orders and Standard Operating Procedure (POSOPs) consistent with this standard

5.3.3  National standards

  1. Participation in indoor and outdoor recreational activities is available on a daily basis with a minimum of 1 hour of outdoor activity, and where operationally feasible and available, 1 hour of activity in the exercise room, unless documented security, safety or medical considerations dictate otherwise
  2. Children are free to engage in indoor and outdoor play and recreational activities throughout the day with their parent/legal guardian and/or other children under parental supervision (also refer to standard on Accompanied and Unaccompanied Minors)

5.3.4  Definitions

Recreational activities: Activities deemed safe by the CBSA that detainees engage in during their free time, that they enjoy, including but not limited to sports, games, exercise, going outdoors, reading, viewing of television and/or similar materials

5.3.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Develop POSOPs on access and use of recreational activities and associated materials and equipment
  2. Inform detainees on availability of recreational activities and ensure they understand in case of language barriers
  3. Supply materials for indoor and outdoor recreational activities for both adults and children
  4. Ensure the proper working order and safety of items, equipment used to engage in recreational activities
  5. Provide access to outdoor recreational activities as frequently and for as long as possible, ensuring the minimum is offered, taking safety and security into consideration
  6. Monitor the need for, and provide weather-appropriate clothing to allow detainee participation in outdoor recreational activities
  7. Notify Guard Services if Medical Services indicates that a detainee cannot participate in physical activity or exercise due to health issues
b)  Medical services
  1. Inform CBSA if a detainee cannot participate in physical activity and/or exercise due to health issues
c)  Guard services
  1. Ensure all detainees are offered and/or have access to recreational activities as outlined in this standard and POSOPs
  2. Supervise dayroom activities, distributing games and other recreational materials daily
  3. Monitor detainees during outdoor recreational activities and/or during exercise activities
  4. Search recreation areas before and after use, to detect altered or damaged equipment and contraband, and report findings and concerns as outlined in the POSOPs

2)  Operational delivery

a)  Requirements for general, enhanced and flex living units
  1. Outdoor recreation area
    1. Basketball nets and/or soccer area
    2. Recreational equipment
    3. Sections providing shade
    4. Tables
    5. Seating
  2. Indoor recreation
    1. Reading material for all ages
    2. Satellite/cable television
    3. Radio
    4. Puzzles, playing cards and board games and/or electronic games where possible
    5. Ping pong table(s) and/or foosball table(s) (subject to available space)
    6. Exercise room (where available) with security grade exercise and sports equipment (optional)
b)  Requirements for family living units
  1. Outdoor recreation area
    1. Private area accessible only from the family living unit with a playground/play structure that meets Canadian safety standards
    2. Play area including a play structure and recreational items such as balls
    3. Sections providing shade
    4. Tables
    5. Seating
  2. Indoor recreation
    1. Playroom with table and chairs for small children
    2. Arts, crafts and schooling room
    3. Reading material for all ages
    4. Satellite/cable television with children channels
    5. Radio
    6. Puzzles, playing cards, board games, educational toys, etc.

5.4  Religious accommodation

5.4.1  Purpose and scope

To provide national direction on the accommodation of detainees' religious freedoms through facilitation of practice of faith and access to services provided by religious leaders in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs). Where a person is detained and held at a non-CBSA facility, procedures for religious accommodation are generally guided by the policies and rules of each facility and where applicable, according to the terms of signed memorandums of understanding

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

5.4.3  National standards

  1. Detainees are entitled to reasonable and equitable opportunities to practice their religion of choice alone or with other detainees and may possess personal items of religious significance necessary for that practice, limited only by concerns for safety, security and/or orderly operation of the facility
  2. A dedicated multi-faith space is provided for the practice of religion, prayer and meditation
  3. Requests for religious diets are accommodated for detainees who wish to observe religious dietary practices
  4. This standard is to be read in conjunction with the following standards: Recreational Activities; Visitation; Food Services; Funds, Valuables and Other Personal Property; Facility Security and Access Control; Contraband as well as the Canadian Charter of Rights and Freedoms (sections 2 and 15); and, the Canadian Human Rights Act (paragraph 3(1))

5.4.4  Definitions

Multi-faith space: A space within the IHC that is dedicated to the purpose of worship, celebration, meditation, prayer, reflection, study and other communal and individual religious observances for detainees

Religion: Includes the practices, beliefs and observances that are part of a faith or religion

Religious diet: A diet based on a religion's dietary restrictions, guidelines and/or practices

Religious freedom: the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and disseminationFootnote 1

Religious leader: A person recognized and/or accredited by a religious body as having some authority within that body, and has the power to raise awareness and influence attitudes, behaviours and practices in line with faith-based teachings

5.4.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Provide and manage access to the multi-faith space for individual and community practice of religious beliefs, ensuring fair and equitable access to detainees of all religions and faiths present in the facility
  2. Assist in identifying and facilitating visits by religious leaders
  3. Post an interfaith calendar of religious observances to enable participation, and to foster and support inclusiveness
  4. Facilitate to the greatest extent possible participation in religious observances such as dietary and worship practices
  5. Ensure all reasonable efforts are made to provide religious books when requested
b)  Guard services
  1. Provide CBSA with requests from detainees who wish to contact and/or meet with a religious leader
  2. Monitor and ensure activities related to religious practices are conducted with respect and in a manner that does not jeopardize the safety and/or security of any person or the IHC
  3. Report to the CBSA if religious practices/personal religious items may present safety and/or security concerns

2)  Operational delivery

a)  Multi-faith space
  1. Must remain clean and uncluttered, walls free of permanent religious images so as to not alienate any religion
  2. Practices of religiously diverse detainee groups must be accommodated fairly and equitably
  3. Individual religious practices may also take place in the living units as long as there is no impact on safety, security and/or orderly operation of the facility
b)  Community religious practices
  1. Religious practices with religious leaders in attendance must be accommodated upon request subject to multi-faith space availability and where there is no impact on safety, security and/or orderly operation of the facility
  2. Reasonable efforts must be made to identify or to contact a non-governmental organization (NGO) who may help in the identification of an appropriate religious leader upon request
c)  Religious items
  1. Detainees must have access to and possess personal religious items (clothing and objects), consistent with the standard on Funds and Personal Property
  2. Reasonable efforts must be made to locate and provide religious books when not available in a detainee's personal effects or in the IHC library
d)  Religious diets
  1. Consistent with the standard on Food Services, variations in the menu and schedule during religious holidays should be approved, provided that basic nutritional goals are met and that the variations do not cause undue hardship (in other words, unreasonable cost, impact on operational needs, risks to safety)

5.5  Telephone access

5.5.1  Purpose and scope

To provide national direction on telephone access for persons who are detained in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) to ensure reasonable, fair and consistent access while ensuring the protection of other detainees, staff and the public and, on CBSA responsibilities towards persons detained under the Immigration and Refugee Protection Act while held at a non-CBSA facility

5.5.2  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

5.5.3  National standards

  1. Detainees have reasonable, fair and consistent access to telephone services to communicate with family, friends, legal representatives and others professionals (in other words, religious leaders, consular officials, non-governmental organization (NGO) representatives)
  2. All reasonable and possible efforts are made to ensure detainees held in non-CBSA facilities have similar levels of telephone access as those held in IHCs
  3. Privacy during phone calls is maintained (telephone calls are not monitored or recorded)
  4. Local telephone calls are free of charge and detainees are normally responsible for the cost of long distance telephone calls
  5. Telephones are maintained in proper working order
  6. Detainees with hearing or speech disabilities have access to appropriate alternative communication technologies
  7. To be read in conjunction with the following standards: Mail and Privileged Correspondence; Use of Electronic Devices and the Internet (under development); Orientation and Information; and, Prevention and Management of Breaches

5.5.4  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Establish time periods and place time limits on phone calls as required to ensure fair access and opportunity for other detainees to use the phone
  2. Inform detainees of facility rules related to telephone access and ensure they understand in case of language barriers
  3. Provide detainees with the facility phone number for dissemination to family members and friends
  4. Post telephone rules in all living units
  5. Ensure a supply of international calling cards is available for purchase
  6. Assist detainees with placing long distance calls if funds are not available or cannot be secured
  7. Post and keep up-to-date a list of key contacts that detainees may need while in detention (in other words, free legal services, non-governmental organizations, consular officials, Immigration and Refugee Board, Canadian Red Cross Society, United Nations High Commissioner for Refugees, etc.)
  8. Suspend telephone usage for personal purposes (excluding calls for legal, consular or NGO services) if there is evidence of abuse, inappropriate behaviour or breach (refer to standard on Prevention and Management of Breaches)
  9. Arrange for telephone repairs as required
  10. Recognizing that telephone access in non-CBSA facilities is generally determined by each facility, ensure all reasonable and possible efforts are made for detainees held in those facilities to have similar levels of access as those held in IHCs (in other words, through the assistance of CBSA officers working in or attending the non-CBSA facility)
b)  Guard services
  1. Inspect all telephones daily to ensure they are functional (in other words, check for dial tone)
  2. Report unresolved telephone function issues to the CBSA
  3. Monitor and manage phone usage to ensure reasonable and fair access for all detainees
  4. Notify the CBSA of any breaches of telephone rules that may require intervention
  5. Log all incoming calls to detainees
  6. Receive and relay messages left by outside callers to detainees as soon as possible
  7. Arrange for access to a phone without delay in case of emergency (for example, death in the family, birth of a child, or illness)

2)  Operational delivery

a)  Access
  1. Telephones must be available for use in the admission and discharge area and all living units
  2. Detainees must be permitted to place calls to legal representatives at any time, regardless of the time of day
  3. While telephone access in non-CBSA facilities is determined by each facility, all reasonable and possible efforts must be made for detainees to have similar levels of access as those held in CBSA facilities, through the assistance of CBSA officers working in or attending the non-CBSA facility
b)  Privacy
  1. Telephone placement must where possible provide for privacy (in other words, booths, panels)
  2. When detainees request additional privacy for calls to legal representatives, alternative arrangements will be made when operationally feasible
c)  Personal cellular telephones
  1. Personal cellular telephones must be stored with detainee personal belongings as it is an unauthorized item while in detention
  2. Detainees may request temporary access to a personal cellular telephone to retrieve contact information from the directory
  3. Temporary access to a personal cellular telephone must be supervised
d)  Limits
  1. The number and length of calls to legal representatives must not be limited
  2. For all other calls, duration may be restricted, shortened or suspended for the following reasons:
    1. High demand for the telephones
    2. During population counts, meal times, scheduled detainee movements, and facility quiet hours
    3. Security (emergency situation, demonstrations, disturbances, fires, power outages, etc.)
e)  Local and long distance calls
  1. Local calls must be free
  2. Detainees must have the ability to make long distance calls using a calling card or by reversing the charges
f)  Telephone access for detainees with special needs
  1. Relay services for people with hearing or speech disabilities to place telephone calls must be provided
  2. Time limits must take into consideration the additional time required for communication through relay services
  3. Telephones must be accessible to persons using wheelchairs or with special needs
g)  Incoming calls
  1. Detainees cannot receive calls directly
  2. Messages for detainees must be left with the IHC Reception
  3. Messages must be relayed to detainees in writing as soon as possible
  4. For safety and security reasons, the name and number of persons calling in must be logged
h)  Collect calls from detainees held in non-CBSA facilities
  1. All collect calls received by the CBSA from persons detained under the Immigration and Refugee Protection Act who are being held in non-CBSA facilities must be accepted

5.6  Visitation

5.6.1  Purpose and scope

To provide national direction on visitation as well as the practices required to ensure safety, security and good order during visitation in CBSA immigration holding centres (IHCs). For individuals detained and held at a non-CBSA facility, procedures related to visits are generally guided by the policies and rules of each facility and according to the terms of signed federal-provincial memorandums of understanding

5.6.2  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

5.6.3  National standards

  1. Detainees are able to receive visits and maintain ties with family, friends, legal representatives and other persons attending for professional visits
  2. Visits to any IHC are permitted and conducted within the constraints of safety, security and good order of the detention facility operations
  3. All visits are contact visits unless there is a health, safety and/or security concern for the detainee, staff, the visitor or the facility that cannot otherwise be mitigated, or where infrastructure does not permit
  4. Visiting hours in IHCs include a minimum of 2, 2-hour periods per day between the hours of 7 am and 9 pm
  5. Regular visiting hours are determined by each IHC, taking into account operational scheduling, space constraints and staff availability
  6. Information on IHC visiting hours and visitation rules is publicly available on the CBSA website and at the IHCs
  7. This standard should be read in conjunction with the following standards: Telephone Access; Searches; Contraband; Orientation and Information; Facility Security and Access Control; and, Funds, Valuables and Other Personal Property

5.6.4  Definitions

Contact visit: A visit which allows the detainee and visitors to meet in an open, dedicated area with direct contact between them

Non-contact visit: A visit in which there is a physical barrier between the detainee and visitors. These visits occur when there is suspicion or concerns for the safety and security of other detainees, the public or the facility or where infrastructure does not permit a contact visit

Professional visit: A visit by a person qualified and/or accredited in a profession and attending to provide a service or conduct business aligned with that profession. Persons attending for professional visits include (but are not limited to) legal representatives, religious leaders, consular officials, non-governmental organization representatives, independent medical professionals and interpreters

5.6.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Inform detainees of visitation hours and rules and ensure they understand in case of language barriers
  2. Designate areas for contact and non-contact visits
  3. Establish visiting hours, ensuring that a minimum of 2, 2-hour visitation periods per day are offered between 7 am and 9 pm
  4. Ensure that visiting hours and visitation rules posted on the CBSA website, in the Immigration Detention Information Package and elsewhere in the facility, are accurate and updated as required
  5. Ensure that POSOPs clearly outline requirements for visits (in other words, identification requirements, search procedures, incident response, log completion, etc.), visiting hours and guidelines for contact and non-contact visits
  6. Ensure completed Visitor's Request forms (Annex A) are placed on the detainee file regardless of whether a visit was granted or denied
  7. Where a contact visit is denied, inform the detainee of the reasons and ensure the Visitor's Request form documents those reasons
  8. Inform Guard Services if a detainee has been denied a contact visit and of the security protocols guiding visitation for the detainee
  9. Upon request from Guard Services, assist in fairly and equitably determining and adjusting the length of individual visits based on available space, the number of detainees receiving visitors, the volume of visitors, and detainee or visitor behaviour
  10. Approve or deny any requests by visitors to bring personal effects into the visiting area on a case-by-case basis
b)  Guard services
  1. Read and ensure that all POSOPs guiding visitation are applied to every visit and visitor
  2. Provide visitors with, and ensure completion of the Visitor's Request form
  3. When visitors do not meet the requirements (identification or otherwise), deny a visit, indicate the reason for the denied visit on the Visitor Request form and inform the CBSA
  4. Ensure that all visitors' personal effects are stored in designated lockers except items for which the visitor has received CBSA authorization to bring such items into the visiting area or private consultation area
  5. Search visitors and visiting areas according to this standard and POSOPs
  6. Confiscate any contraband according to the standard on Contraband and POSOPs
  7. Immediately inform the CBSA of any concern and/or incident that arises before, during or upon completion of a visit
  8. Complete and submit to the CBSA the Contracted Security Guard Incident and Use of Force Report (BSF383) as required
  9. Supervise visits to ensure the safety and security of detainees, visitors and the facility, and compliance with visitation rules
  10. Ensure the safety, security and good order of the visiting and private consultation areas
  11. Fairly and equitably determine and adjust the length of individual visits based on available space, the number of detainees receiving visitors, the volume of visitors, and detainee or visitor behaviour. Where uncertain, contact the CBSA.
c)  Medical services
  1. Notify the CBSA of any health or medical concerns regarding a detainee that may impact visitation

2)  Operational delivery

a)  General
  1. Visiting hours and time limits
    1. Access to visitation must be offered 7 days a week, including holidays
    2. A minimum of 2, 2-hour visitation periods per day must be offered in IHCs
    3. Visiting hours must be set by each IHC according to the operational schedule
    4. 2 adult visitors and 2 accompanying children may visit a detainee at the same time
    5. Visits are generally 30 minutes in duration to ensure fairness and opportunity for other detainees to receive visitors
    6. The length of visits and number of visitors for each detainee may be extended and increased by Guard Services or the CBSA where operationally feasible (in other words, if visiting area capacity, visiting hours and visitor volumes permit)
    7. Time limits must not be imposed on legal or professional visits, however, if there are several professional visits at the same time, CBSA may be required to reschedule or make alternative arrangements. Notification by persons attending for professional visits must always be encouraged to ensure CBSA's ability to accommodate
  2. Requirements for visitation
    1. Detainees must agree to the visit
    2. Visitors must present a valid government-issued identification document that includes name, photo, current address, date of birth, and signature. If a single valid piece of identification does not include all required elements, more than 1 valid piece of identification must be presented. Examples of acceptable documents include (but are not limited to): passport (Canadian or foreign), permanent resident card, citizenship card, driver's license, health card, government issued identification card, student identification card from a recognized college or university, etc.
    3. Visitors must complete the Visitor Request form (Annex A) and undergo a security screening process as outlined in this standard and POSOPs
    4. Visitors must dress appropriately. Wearing inappropriate clothing could result in a denied visit. The following items of clothing must be avoided (non-exhaustive): clothing with inflammatory language or images; clothing and colours that may be linked to gangs and any other potentially offensive attire
    5. All personal effects (in other words, coats, purses, electronic equipment, etc.) must be stored in a designated locker or left in the visitor's vehicle, where applicable
  3. Contact visits
    1. All detainees, must be allowed contact visits, unless there is an identified health, safety and/or security concern for the detainee, staff, the visitor or the facility, that cannot otherwise be mitigated, or where infrastructure does not permit
    2. Detainees and visitors are subject to a search before and after a visit according to this standard, the standard on Searches and POSOPs
    3. Contact visits must be conducted in an orderly manner. Non-compliance with the visitation rules, may result in a terminated visit and loss of visitation privileges
    4. Visits must be supervised by Guard Services to ensure safety, security and good order
  4. Non-contact visits
    1. Every detainee denied a contact visit for health, safety or security concerns must be informed of the specific reasons and a note must be placed on the detainee file
    2. Where a contact visit is denied, a non-contact visit must be permitted unless there is residual risk that may not be mitigated (in other words, the detainee or visitor is threatening staff, using offensive language, etc.). Refer to standard on Prevention and Management of Breaches
    3. Visits must be supervised by Guard Services to ensure safety, security and good order
    4. When risk can be mitigated, non-contact or contact visits must resume (where infrastructure permits) whichever is most appropriate
b)  Visitors
  1. Family visits and presence of children
    1. Contact visits for couples, spouses, and families held in the facility must be maximized when possible during visiting hours
    2. Private family visits (also known as conjugal visits) are not permitted. All visits must take place in the public visiting area
    3. A parent or legal guardian visiting the facility along with accompanying child(ren) must provide appropriate identification for their child(ren), such as a birth certificate, health card or other acceptable identification  
    4. Adults accompanied by a child must ensure the proper conduct of the minor
  2. Legal and professional visits
    1. Legal and other professional visits must take place when possible during visiting hours
    2. Requests to meet with a detainee outside of visiting hours must be submitted to the CBSA
    3. Accommodation of visits outside of visiting hours must be made when operationally feasible
    4. All visits must be supervised by Guard Services to ensure safety, security and good order
    5. Detainee visits from legal, medical and consular representatives are confidential, and private consultation rooms must be made available. Guard Services may observe these rooms out of earshot, through a closed-door window or camera
  3. Hospital visits
    1. Where a detainee is hospitalized, CBSA and hospital authorities must allow the detainee to have visitors unless there are identified health, safety or security concerns where risk cannot be mitigated, in which case the detainee must be informed, the case permitting. A note must be placed on the detainee file
    2. When risk can be mitigated, visits must resume
    3. Hospital or medical facility rules, including visiting hours must be respected
    4. Visits must be supervised by Guard Services to ensure safety, security and good order
  4. Bondspersons, persons posting a guarantee for a detainee and persons presenting to meet reporting requirements
    1. Requirements related to visitation and screening procedures must only apply if POSOPs require the person to enter the IHC beyond the reception area
  5. Animals
    1. Only service animals (guide dog, hearing animal, service dog) may be authorized to enter an IHC
c)  Security Screening
  1. Visitor area searches
    1. All areas used for visitation (contact and non-contact visiting areas, search rooms and waiting rooms) must be searched according to POSOPs prior to every visiting period to ensure that no contraband or unauthorized articles are concealed in these areas
    2. Any item that is considered contraband must be reported according to the standard on Contraband and the POSOPs
  2. Visitor security screening
    1. All visitors seeking entry into an IHC must undergo security screening
    2. Visitors must place all personal effects: purse, briefcase, packages, other bags/containers, as well as shoes, belts and any items in pockets: on a baggage scanner, before proceeding through a metal detector portal
    3. Where a portal is unavailable, a hand-held metal detector must be used
    4. Where a baggage scanner is unavailable, or as required following a scan, a visual inspection of personal items must be done
    5. A frisk search (also referred to as a “pat down”: refer to standard on Searches) may be required following a persistent signal from the portal, or if requested by a visitor in lieu of hand-held detection (in other words, pregnant woman). In such cases, Guard Services must ask the CBSA to attend
    6. Personal effects must be stored in lockers unless prior authorization was granted by the CBSA to bring those items into the visiting area or private consultation area
    7. Caution must be used when carrying out security screening of legal representatives effects so as not to breach solicitor-client privileges
    8. The CBSA must inform Guard Services of any exception to visitor screening requirement
    9. CBSA reserves the right to deny entry to anyone or of any items to the IHC. Anyone who does not comply with security screening requirements or any elements thereof (in other words, scans, searches) will be refused entry
  3. Detainee searches
    1. In accordance with the standard on Searches, a detainee may be subject to a frisk search at any time according to POSOPs, including prior to a visit
    2. All detainees must be searched upon completion of their visit, prior to being returned to their living unit
d)  Authorization of items during visits
  1. No items, with the exception of baby bottles (plastic) with formula or milk, are allowed in the IHC without authorization from the CBSA
  2. Visitors must seek authorization from the CBSA prior to arrival in order to bring any personal items into the visiting area or private consultation area
  3. All unauthorized items must be placed in a designated locker
  4. If contraband is found in a visitor's or detainee's possession during a visit, the standard on Contrabandand POSOPs apply
e)  Authorization of incoming property and funds for detainees
  1. All reasonable amounts of incoming property (in other words, personal effects) and any funds brought to or delivered to the IHC for a detainee while in detention must be searched by Guard Services
  2. Guard Services must assess and approve items that visitors bring for detainees. Where concerns exist, Guard Services must consult with the CBSA
  3. A visitor is never permitted to give anything directly to a detainee, unless prior authorization is received
  4. All incoming property and funds must be itemized and a receipt issued to the visitor listing the property and funds they are leaving at the IHC. Both the visitor and the guard who took custody of the property, must date and sign the receipt. A copy of the receipt must be placed on the detainee file (electronic or otherwise)
  5. The property and funds must be given to the detainee as soon as practicable and treated in accordance with the standard on Funds, Valuables and Personal Property
  6. Since most detainees do not normally remain in an IHC for lengthy periods of time, and given CBSA provides detainees with all essentials, the CBSA reserves the right to limit the amount of property that a detainee may receive
f)  Denial or termination of a visit
  1. A visit may be denied or terminated under the following circumstances:
    1. Visitor is suspected of being under the influence of an intoxicating substance
    2. Visitor refuses or fails to produce acceptable personal identification or falsifies identification
    3. Visitor or detainee refuses to comply with security screening procedures
    4. Visitor or detainee violates visitation rules and procedures
    5. Visitor or detainee exhibits disruptive behaviour and jeopardizes the security, safety and good order of the IHC
    6. Existence of a judicial or security concern restricting contact between a visitor and detainee
    7. Detainee refuses the visit
    8. Lack of available space or visiting hours have ended

Annex A

Annex A
Annex A description

This image is of an Immigration Holding Centre Visitor Request form which includes space to enter tombstone information about the client (in other words the person detained) as well as the visitor, visiting the client.

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