The Regulation to amend the Regulation under the Act respecting the Québec correctional system (O.C. 1325-2024, dated 21 August 2024) introduces significant changes to the legal framework governing correctional facilities in Québec, aimed at improving operational procedures, security measures, and overall management. These amendments are grounded in the authority granted to the Government under specific provisions of the Act respecting the Québec correctional system (chapter S-40.1), which allows for the establishment of regulations related to various aspects of correctional facility administration, including the powers of facility directors, internal management standards, search protocols, and the definition of contraband.

Among the key amendments is the adjustment of terminology, which replaces the French word “interdits” (forbidden) with “prohibés” in several sections, ensuring consistent language throughout the regulation for improved legal clarity. Additionally, the regulation establishes new definitions and conditions for search procedures, including frisk searches and body scan searches. It specifically notes that a body scan search does not constitute an x-ray, emphasizing its non-invasive nature. Furthermore, the regulation mandates that all searches must be conducted with respect for human dignity and minimal intrusion, and it highlights the necessity for correctional staff to receive adequate training in performing these searches.

Another critical addition is the explicit listing of contraband items within correctional facilities. This includes intoxicating substances, weapons, explosives, and any items that could threaten facility security, such as unauthorized cellular phones and USB keys. The clear delineation of contraband aids in enforcement and compliance within the correctional environment. The regulation also specifies the conditions under which searches can be conducted on inmates, allowing for non-intrusive, frisk, body scan, and strip searches, while outlining protocols for searching visitors and correctional staff to ensure respect for individual rights.

Provisions for administrative segregation have been clarified as well. A correctional officer can request segregation if there are reasonable grounds to believe an inmate is hiding contraband, with detailed guidelines provided for the duration and conditions under which this segregation may be extended. This aims to balance security concerns with the rights of inmates. Moreover, changes have been articulated regarding the procedures for searching correctional facility premises and vehicles, ensuring alignment with the overall goal of maintaining a secure environment while respecting legal standards.

By establishing clear guidelines for searches, explicitly defining contraband, and setting protocols for administrative segregation, the regulation aims to improve security and management within the correctional system while ensuring respect for the rights of inmates and personnel. These changes are vital for fostering a correctional environment that prioritizes safety, security, and dignity for all individuals involved, underscoring the importance of continuous improvement in correctional policies to adapt to evolving challenges in the correctional landscape.

Quebec (OC 1325-2024) September 4, 2024