COMMISSIONER'S DIRECTIVE

EXPOSURE TO SECOND HAND SMOKE

Policy Bulletin 201

1. To enhance health and wellness by eliminating exposure to second hand smoke indoors in all federal correctional institutions, including in motor vehicles under the control of the Service.

2. Canada Labour Code - Part II;
Treasury Board Policy on Smoking in the Workplace;
Non-smokers' Health Act and Regulations;
Canadian Charter of Rights and Freedoms, paragraph 2 (a);
Corrections and Conditional Release Act, sections 4, 38-44, 70, 74 and 83;
Corrections and Conditional Release Regulations, sections 25-41, 100 and 101;
Canadian Human Rights Act; and
Privacy Act.

3. Commissioner's Directive 006 - Classification of Institutions;
Commissioner's Directive 090 - Personal Property of Inmates;
Guidelines 335 - Fleet Management;
Commissioner's Directive 860 - Inmate's Money;
Commissioner's Directive 890 - Inmate's Canteen;
Commissioner's Directive 702 - Aboriginal Programming;
Commissioner's Directive 580 - Discipline of Inmates;
Commissioner's Directive 001 - Mission of the Correctional Service of Canada;
Commissioner's Directive 060 - Code of Discipline;
Commissioner's Directive 566-3 - Inmate Movement;
Commissioner's Directive 770 - Visiting;
Standards of Professional Conduct in the Correctional Service of Canada;
Code of Discipline in the Correctional Service of Canada; and
Values and Ethics Code for the Public Service.

4. Commitment to a healthy environment for those living in, working in and visiting correctional facilities.

5. Accommodation of religious and spiritual practices without discrimination.

6. Cigarettes and tobacco are not considered contraband.

7. The Institutional Head will:

1. ensure processes are in place to inform staff, offenders, volunteers, visitors and contractors that smoking indoors, including in private family visiting units and in CSC's vehicles, is prohibited;
2. develop and maintain site specific implementation plans in consultation with staff, offenders and local Occupational Health and Safety Committees;
3. designate and clearly identify outdoor smoking areas for staff, offenders, volunteers, visitors and contractors;
4. take reasonable and practical measures at each operational unit to minimize the potential for tobacco smoke to enter institutions from designated outdoor smoking areas;
5. increase, to the extent possible, the amount of time inmates have access to the outdoors without jeopardizing security or program participation;
6. provide educational information to staff and offenders who wish to quit smoking;
7. accommodate religious and spiritual ceremonies (including individual smudging for Aboriginal offenders) in consultation with religious leaders, Elders or Aboriginal advisory bodies as appropriate; and
8. continue to allow smoking indoors in existing Community Correctional Centres (CCC) where there is no available outdoor area within the CCC property boundary and there is an existing designated indoor smoking area that complies with the ventilation requirements of the Non-smokers' Health Act and Regulations.

8. Employees will:

1. not smoke indoors, in private family visiting units or CSC vehicles;
2. only smoke in designated smoking areas;
3. report any incidence of indoor smoking to management and take appropriate action.

DISCIPLINE

Employees

9. Employees who are in violation of the policy are subject to the employee disciplinary process.

Offenders

10. Where inmates are found smoking indoors in institutions, they will be subject to the inmate disciplinary process.

11. Where offenders are found smoking in CCCs, other than in existing designated indoor smoking areas that comply with the ventilation requirements of the Non-smokers' Health Act and Regulations, the CCC Director will apply administrative sanctions as appropriate.

Other

12. CSC volunteers, contractors and visitors who are in violation of the policy will be requested to cease smoking and if they persist, they will be directed to leave the institution or CCC.

Commissioner,

Original signed by
Keith Coulter

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