47. A staff member of either sex may conduct a routine non-intrusive search or a routine frisk search of an inmate where

the inmate is entering, leaving or returning to a penitentiary;

the inmate is entering or leaving the open or family-visiting area of a penitentiary;

the inmate is leaving a work or activity area in a penitentiary;

the inmate is entering or leaving a segregation area;

the inmate is on a temporary absence outside the penitentiary;

the inmate has been requested to submit to urinalysis and the search is conducted immediately before the commencement of the collection process described in section 66; or

the institutional head determines that there is an opportunity for the introduction of contraband into the penitentiary and the institutional head specifically authorizes such searches in writing.

48. A staff member of the same sex as an inmate may conduct a routine strip search of the inmate where

the inmate is entering or returning to a penitentiary;

the inmate is leaving the open visiting area of a penitentiary;

the inmate is entering or leaving the family-visiting area of a penitentiary; or

the inmate is leaving a work area in a penitentiary, if the inmate has had access to an item that may constitute contraband and that may be secreted on the inmate's body.

49. (1) A person referred to in subsection 47(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 47(1) of the Act.

    (2) A person referred to in subsection 49(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 49(1) of the Act.

    (3) Training in conducting a search referred to in subsection (1) or (2) shall consist of the training related to search procedures that is contained in the staff orientation and training program provided by the Service.

50. The power of the institutional head to authorize strip searches of inmates pursuant to paragraph 49(3) (b) of the Act may be exercised by a staff member who is in a more senior position than the staff member referred to in subsection 49(3) of the Act.

Corresponding Act: Sections 46-67 Search and Seizure