GUIDELINES

CLAIMS ADMINISTRATION INSTRUCTIONS

Policy Bulletin 205

PART I

Claims and Ex Gratia Payment Requests - Property of Inmates and Employees

Claims Against the Crown

PART II

PART III

Claims by the Crown for Lost or Damaged Property

PART IV

Offender Accident Compensation Claims

PART V

ANNEXES

Annex A - Information on Filing Claims

Annex B - Claims Investigations

Annex C - Factors to Consider When Evaluating an Inmate Claim

PURPOSE

1. To establish procedures in relation to the administration of:

1. Commissioner's Directive 234, entitled "Claims Against the Crown and the Offender Accident Compensation Program";
2. claims by third parties (other than those referred to in CD 234) for lost or damaged personal property; and
3. claims by the Crown for lost or damaged property.

AUTHORITIES

2. Debt Write-off Regulations, 1994;
Treasury Board Policy on the Indemnification of and Legal Assistance for Crown Servants;
Treasury Board Policy on Receivables Management.

MONITORING

3. The Regional and National Claims Coordinators may request complete documentation on any claim.

DEFINITIONS

4. "Cell" has the same meaning as in paragraph 5 of Commissioner's Directive 090, entitled "Personal Property of Inmates".

5. "Claim" means the amount due, or alleged to be due, or the action taken regarding property damages sustained by the Crown or a claimant. It also means a request for compensation to cover losses, expenditures or property damages sustained by the Crown or a claimant, including requests or suggestions that the Crown make an ex gratia payment. It does not include the following:

1. claims, or ex gratia payment requests, in relation to circumstances that are addressed in another government instrument (e.g. the Treasury Board Travel Directive); and
2. claims submitted under the provisions of the Corrections and Conditional Release Regulations relating to compensation for death or disability.

6. "Contraband" has the same meaning as in section 2 of the Corrections and Conditional Release Act.

7. "Unauthorized item" has the same meaning as in section 2 of the Corrections and Conditional Release Regulations.

PART I

CLAIMS AND EX GRATIA PAYMENT REQUESTS - PROPERTY OF INMATES AND EMPLOYEES

Information Required to Process a Claim

8. The claims administrator shall ensure that the claimant, or a person legally authorized to act on behalf of the claimant, has provided the following information:

1. a signed claim;
2. a detailed statement of the facts upon which the claim is based;
3. a detailed statement showing how the claim was calculated;
4. copies of documents verifying all disbursements (recognizing that offenders may not always have access to this information);
5. details of the loss or damage;
6. the full cost to replace a lost or damaged effect with an effect of the same or equivalent quality (recognizing that offenders may not always have access to this information); and
7. a repair estimate in relation to a damaged effect (recognizing that offenders may not always have access to this information).

9. Where a claimant has not submitted all the required documentation, the Service shall not delay the processing of the claim unless a decision cannot be rendered without the information.

10. The offender may use form CSC 561, entitled "Inmate Claim for Lost or Damaged Effects", for submitting a claim. When the offender has not used this form, attach the claim to the form.

11. When a group submits a claim for lost or damaged property belonging to the group, all group members must sign the claim and indicate the name of the member to whom the response shall be submitted.

Site Responsible for the Claim's Processing

12. The responsibility for processing a claim rests with the site where the incident that gave rise to the claim occurred except when the incident occurred while the Service was shipping an inmate's property, at its expense. In this instance, the responsibility for processing the claim shall normally rest with the shipping institution. Where a transferred offender temporarily resided in one or more institutions, and his or her property was not unpacked, the initial shipping institution should be responsible for processing the claim.

13. The claims administrator of the site where the claim was submitted shall review the claim, at the earliest opportunity, to determine which CSC site is responsible for processing the claim.

14. Where the claim is to be processed by another site, the claims administrator shall forward the claim, in a timely manner, to the other site's claims administrator. The sending site shall also:

1. record the claim in the Claims Settlement Management System and electronically transfer the claim record, as required by Part VI of these instructions;
2. send copies of the investigation which may have been conducted on the claim, and any records concerning the effects currently and previously held by the offender (e.g. the offender's Admission and Discharge file); and
3. monitor the receipt of the claim by means of a Transmittal Note and Receipt (form GC 44A).

Information to Be Provided to Claimants

15. The claims administrator of the site where the claim was first submitted shall, at the earliest reasonable opportunity after receiving the claim, send the claimant an acknowledgement indicating:

1. the date the claim was initially received by the Service;
2. the Claims Settlement Management System reference number for the claim;
3. the site responsible for responding to the claim; and
4. the claimant's right to consult an independent legal counsel, at his or her expense, for advice or to make representations with respect to the claim.

Claims Investigations

16. An investigation shall be conducted at the earliest reasonable opportunity after a claim is submitted or when the Service becomes aware of an incident which could lead to a claim against the Crown. The findings of the investigation shall be reported in writing. Direction concerning the conduct of investigations on claims is provided at Annex B.

17. No person who has been involved in the matter, which gave rise to the claim, shall be responsible for the conduct of the investigation.

Enquiries

18. In reviewing or settling any case, advice may be obtained from the regional and national officials responsible for claims or grievances.

Legal Opinions

19. A legal opinion shall be requested, from CSC's Departmental Legal Services Unit, where a proposed claim settlement offer exceeds $25,000. A legal opinion may also be obtained in any other case.

20. A request for a legal opinion shall be accompanied by the report of the investigation, copies of all documentation in support of the facts stated in the investigation report, the claim and any other information received from the claimant. The Departmental Legal Services Unit shall be requested to address:

1. liability of the Crown;
2. what steps, if any, should be taken to resolve the claim, bearing in mind the cost-effectiveness of any such steps; and
3. the terms and conditions on which it would be advisable to resolve the claim.

Analysis of Claims

21. Claims for expenses incurred when submitting a claim shall not be accepted if they are not directly related to the incident that led to the submission of the claim.

Ex Gratia Payment Requests

22. An ex gratia payment is an exceptional vehicle used only when there is no statutory, regulatory or policy vehicle to make the payment. It is not meant to be used systematically or as a substitute for some other means of compensation. Each case must be considered on its own merits and must meet the conditions set out below.

23. The processing of ex gratia payment requests shall comply with the requirements of paragraphs 7.3.4 and 7.3.5 of the Treasury Board Policy on Claims and Ex gratia Payments. With regard to subparagraph 7.3.4.i, claims administrators shall ensure that consideration has been made for the payment of compensation:

1. under the Public Service Health Care Plan (e.g. in relation to an employee's eyeglasses);
2. from a provincial Workers' Accident Compensation Board or the Commission de la santé et de la sécurité du travail du Québec (in relation to an employee's eyeglasses, and perhaps for other employee personal effects that were damaged as the result of an injury on duty);
3. from the employee's personal property insurer; or
4. in accordance with approved employee clothing entitlements.

24. When a claimant has not been totally compensated for the replacement or repair of a lost or damaged personal effect from a source of compensation other than an ex gratia payment, the portion not funded is admissible for the consideration of a payment on an ex gratia basis.

CLAIMS AGAINST THE CROWN

General

25. The decision-maker shall, in addition to considering the legal and other merits of the claim, take into account administrative expediency and cost-effectiveness.

26. A claim shall normally be accepted when the circumstances that gave rise to the claim indicate that:

1. the requirement of section 84 of the Corrections and Conditional Release Regulations was not met; or
2. the Service is, by reason of section 3 of the Crown Liability and Proceedings Act, liable for damages to or loss of a claimant's property.

27. Examples of factors to consider for determining whether an inmate claim should be accepted or denied are indicated at Annex C.

Offender Claims

Contraband and Unauthorized Items

28. A claim in respect of contraband or an unauthorized item, seized in accordance with the procedures indicated in sections 57 and 58 of the Corrections and Conditional Release Regulations, shall not be accepted unless the item was to be returned to the offender - or his or her representative - as provided for in section 59 of the Regulations. For instance, a claim may be accepted in the following circumstances:

1. where the item was to be returned to the offender in accordance with subsection 59 (3) of the Regulations and it remained under the Service's care;
2. where the offender had arranged for disposal or safekeeping of the item outside the penitentiary in accordance with subsection 59 (4) of the Regulations while the item is still under the Service's care; or
3. where, in accordance with subsection 59 (7), the forfeiture of the item has been cancelled.

29. When an offender's property concealing contraband or an unauthorized item was inadvertently damaged while the contraband or unauthorized item was being retrieved, the Service shall not be held liable for any damage caused to the property if the damage was necessary to remove the contraband or unauthorized item. However, compensation should be offered if property is damaged and no contraband or unauthorized item is found.

Hobby Crafts - Ownership

30. Where a hobby craft item is produced during an offender's leisure hours and with materials purchased by this person or with materials designated as scrap, the ownership of the hobby craft item rests with the offender. An offender's claim for this item may, therefore, be accepted if it was lost or damaged as the result of the Service's negligence.

31. Claims pertaining to hobby crafts shall be denied if the crafts were produced during an education program or from materials paid and furnished by the Service. The ownership of the hobby craft item would, in the latter instance, rest with the Service.

Claims from Offenders of Community Residential Facilities

32. When a claim has been submitted by an offender who resides in a community residential facility (CRF) or following the suspension of his or her release, the Service shall consider allowing the claim when the loss or damage is attributable to the Service's negligence or that of a commercial carrier whose services were retained by the CSC. For instance, the offender's personal property, for which there is proof of possession (e.g. CSC and CRF property records, purchase receipts or statements from CRF staff), was:

1. lost or damaged, as the result of the Service's negligence, prior to its shipment to the CRF;
2. lost or damaged during shipment to the CRF as the result of the Service's negligence or that of a commercial carrier whose services were retained by the CSC;
3. lost or damaged, as the result of the Service's negligence, following the property's receipt from a CRF;
4. discovered to be missing or damaged after the Service acknowledged receiving, from a commercial carrier, all of an offender's personal property in good condition (e.g. by signing the commercial carrier's bill of lading without noting, on the document, any discrepancies between the property sent and the property received, or the damages caused to the personal effects or the containers used for their transport);
5. discovered to be damaged after the Service took receipt of the property from the CRF unless the CRF's inventory indicated that the effects were already damaged when they were packed; or
6. discovered to be missing after the Service delivered the effects, from the CRF to a CSC site, if:
   1. at the time of the property's receipt at the CSC site, the Service did not verify whether the CRF's inventory of the property being sent corresponded to the property that CSC picked up for delivery, and
   2. the Service is unable to prove that the number of parcels it took receipt from the CRF were actually delivered.

Decisions on Claims

33. The incumbents of the positions authorized to render decisions on claims, as well as any authority limitations for these incumbents, are indicated in CSC's Financial Signing Authorities document.

34. The Service must render a decision in respect of a claim unless the claimant withdraws the claim in writing. However, a claim may not be withdrawn if a payment was made to the claimant for resolving the claim or for repairing a claimed item.

35. Where an offender's address is not known at the time that a decision is rendered, the Service's response to a claim shall, whenever possible, be sent c/o his or her parole supervisor. In the event of the claimant's death, the decision should be sent to his or her next-of-kin, legal representative or the person who the offender indicated to the Service, in writing, was to be notified.

36. Where an offender has been deported to, or transferred to a prison in the United States, his or her address may be obtained from the U.S. Bureau of Prisons Offender Locator Number (202) 307 3126.

37. A claim shall be considered processed as of the date the Service sends a response on the claim to the claimant. When a response cannot be sent to the claimant, the claim's processed date shall be the date that the decision on the claim was rendered.

Release Document

38. When a claim settlement has been authorized, a payment shall not be made unless the claimant signs a release of any right of action that he or she may have against the Crown as the result of the incident that gave rise to the claim. However, a release is not normally required for ex gratia payments or when it would not be administratively expedient to obtain the document. The Service's Release document (form CSC 536) shall be used except as directed by CSC's Departmental Legal Services Unit.

39. The Release document shall clearly identify the incident for which the claimant is giving up his or her right of action to all further claims against the Crown, including grievances.

40. When a settlement has been authorized in respect of all the claimed property and for the full claimed amount, the claimant shall:

1. be given a completed Release document (where applicable) together with the decision on his or her claim; and
2. be informed, in writing, that the payment of the claim will be made upon the receipt of the signed Release document, except when the Release is not required.

41. The signed Release document should be returned to the employee that sent the decision on the claim to the claimant.

42. When a settlement has been authorized in respect of only a portion of the claimed property or when the claimed amount has been reduced and the claimant wishes to accept the partial settlement, the Service may dispose of the claim by preparing a Release document that shall:

1. clearly identify the property for which the claimant has accepted to give up his or her right of further action against the Crown; and
2. indicate the claimant's right to pursue an action, including grievances, in relation to the property for which compensation was denied.

Grievances

43. When a claim is denied or reduced, both employees and offenders may grieve the decision through the appropriate grievance processes.

Reporting Unsettled Claims

44. The appropriate Claims Settlement Management System forms, specifically, the Quarterly Report, Inmate Claims Not Settled Within 90 Days and the Quarterly Report, Employee Claims Not Settled Within 90 Days shall be used to report the claim and the reasons for the delay in its processing. (Note: The latter form is to be developed.)

45. The responsibility for reporting the "Reasons for Delay" in processing the claim rests with the CSC site responsible for the claim at the end of the quarter.

46. A claim reported on the previous quarterly report shall be included in the subsequent report if the claimant has not been sent a written decision on his or her claim by the end of the new quarterly report's review period.

47. The Comptroller shall forward the reports to the designated senior manager together with comments concerning each region's report. A copy of all these documents shall also be sent to the Regional Deputy Commissioners and, with respect to the report for inmate claims, to the Office of the Correctional Investigator.

PART II

CLAIMS FILED BY THIRD PARTIES FOR LOST OR DAMAGED PERSONAL PROPERTY (Other Than Those Referred to in Part I)

48. Claims filed by third parties shall be processed in accordance with the Treasury Board Policy on Claims and Ex gratia Payments or the Crown Liability and Proceedings Act. However, this Part does not apply to claims that are covered by other authorities, such as contracts and the Treasury Board Travel Policy and Volunteers Policy.

PART III

CLAIMS BY THE CROWN FOR LOST OR DAMAGED PROPERTY

General

49. Claims filed by the Service for lost or damaged property shall be processed in accordance with the Treasury Board Policy on Claims and Ex gratia Payments. However, this Part does not apply to claims that are covered by other authorities, such as contracts and claims for losses and recovery of money.

50. Every reasonable effort shall be made to resolve claims by the Crown, taking into account administrative expediency and cost-effectiveness. For example, claims by the Crown could be submitted against a commercial carrier to recover the amount paid to an offender for effects lost or damaged during a transfer.

51. The procedures indicated in the Treasury Board Policy on Receivables Management shall be adhered to in relation to the collection of debts owed to the Crown.

52. The procedures indicated in the Treasury Board Policy on Claims and Ex gratia Payments shall be followed when:

1. the Service has a claim against a servant for which the servant is not indemnified under the Treasury Board Policy on the Indemnification of and Legal Assistance for Crown Servants; and
2. a decision-maker intends to authorize retaining the amount of the claim by deduction from, or set-off against, any money that may be due or payable by the Crown to the servant.

53. Claims by the Crown shall only be written off on the basis of the Debt Write-off Regulations, 1994 and in accordance with the Treasury Board Policy on Deletion of Debts Due to the Crown.

54. The CSC officials that are authorized to write off claims by the Crown are identified in CSC's Financial Signing Authorities document.

55. The incumbents of the positions, who are authorized to submit claims by the Crown, may sign a release as a condition of payment being made to resolve a claim by the Crown.

Damages Resulting From the Negligence of Employees, Volunteers, Contractors or Inmates

Employees

56. Where, due to a CSC employee's negligence,

1. damages are caused to CSC property,
2. a claim has been submitted against CSC as the result of the loss or damage of a third party's property (e.g. that of an inmate or another employee),or
3. disbursements are required to be made by CSC to a third party,
   
   a determination shall be made as to whether the negligent employee may be protected from a claim by the Service, on the basis of the Treasury Board Policy on the Indemnification of and Legal Assistance for Crown Servants, for the reimbursement of the damages caused to its property or the amount of its settlement with the third party.

Volunteers

58. The government's policy for protecting volunteers against financial or other risks is discussed in the Treasury Board Volunteers Policy.

Contractors

59. Where a person engaged under contract is liable for damages to CSC property (e.g. as the result of an accident with a CSC vehicle), a claim by the Crown could be submitted against the contractor for the recovery of CSC's loss in respect of the incident.

Inmates

60. The Service may accept responsibility for the damages that inmates cause while participating in an institutional work program since they are under the Service's care, control and supervision. (The Service would not likely assume responsibility if, for example, an inmate on a work release program causes damages as a result of following instructions from the employer.) Depending on the circumstances, the Service may, but is not required to, submit a claim against inmates who, while participating in an institutional work program, cause damages to CSC or third party property.

61. Where inmates wilfully or maliciously destroy Crown property, the Service may seek compensation by either submitting a claim against them, or charge them with a disciplinary offence and attempt to obtain an order of restitution as the sanction.

Enquiries

62. In reviewing or settling any case, advice may be obtained from the regional and national officials responsible for claims.

Legal Opinions

63. A legal opinion should be obtained from National Headquarters' Departmental Legal Services Unit:

1. when it is suspected that a servant of the Crown does not meet the criteria indicated in the Policy on the Indemnification of and Legal Assistance for Crown Servants for a claim exemption; or
2. to assist in determining - where a volunteer, or an inmate participant in a work program, causes damages to CSC or third party property - if a person should be held liable for reimbursing CSC the damages caused to its property and/or the amount of CSC's settlement with the third party; and
3. where substantial sums are involved or where there is uncertainty as to the relevant facts or applicable legal principles.

PART IV

OFFENDER ACCIDENT COMPENSATION CLAIMS

Requests for Information

64. All requests for information concerning a claim for compensation or the Offender Accident Compensation Program shall be referred to Human Resources Development Canada (HRDC) or to the National Claims Coordinator.

Timeframes

65. The provisions of the Corrections and Conditional Release Regulations relating to compensation for death or disability, and the Guide to Accident Compensation for Federal Offenders state the timeframes and the requirements for reporting the circumstances of an accident and submitting claims for compensation.

Legal Opinions

66. Legal opinions concerning a claim for compensation, or on any aspect of the provisions of the Corrections and Conditional Release Regulations relating to compensation for death or disability, shall be requested from CSC's Departmental Legal Services Unit.

Decisions on Claims

67. The Solicitor General of Canada, or an authorized person, shall render decisions in respect of the Offender Accident Compensation Program. The authorized persons are indicated in CSC's Financial Signing Authorities document.

68. On a case by case basis, either the National Claims Coordinator or HRDC shall inform the claimant, in writing, of the decisions rendered on a claim for compensation.

PART V

CLAIMS SETTLEMENT MANAGEMENT SYSTEM (CSMS)

69. At the earliest opportunity after the receipt of a claim against the Crown or when a claim by the Crown is submitted, the site's claims administrator shall:

1. record the particulars of the claim in CSMS; or
2. forward a copy of the claim to the Regional Claims Coordinator, for recording in CSMS, when he or she does not have access to CSMS.

70. Only the National Claims Coordinator may record accident compensation claims in CSMS.

71. The claim's transfer to another site, for investigation, shall also be recorded in CSMS.

72. The CSMS can generate various reports concerning offender and employee claims. In particular, reports may be generated for monitoring compliance with the timeframe for processing claims, and identifying the claims that exceeded the timeframe.

Assistant Commissioner, Corporate Services

Original signed by:
Louise Saint-Laurent

ANNEX A

INFORMATION ON FILING CLAIMS

Claims Against the Crown Other Than Offender Accident Compensation Claims

1. For information concerning the submission of a claim, claimants shall contact the following:

1. At institutions, and district and parole offices: the Administrative Services Unit.
2. At Regional Headquarters:
   Atlantic - the Regional Chief, Administration, Access and Privacy;
   Quebec - the Regional Administrator, Finance;
   Ontario - the Regional Chief, Privacy, Inquiries and Grievances;
   Prairies - the Inmate Affairs Analyst;
   Pacific - the Regional Administrator, Performance Assurance.
   
3. At National Headquarters: the National Claims Coordinator.

2. The claimant may review the Service's policy documents on claims and the Treasury Board Policy on Claims and Ex gratia Payments. These documents are available from the unit or the officials mentioned in paragraph 1.

3. Claims shall be prepared, in writing, and submitted without delay as follows:

1. Claims from employees:
   • at institutions, other than community correctional centres - to the Institutional Head;
   • at community correctional centres - to the District Director;
   • at parole offices - to the District Director;
   • at a Regional Headquarters - to the Deputy Commissioner of the region; and
   • at National Headquarters - to the Director, Operations.
2. Claims from offenders:
   • at institutions, other than community correctional centres - to the Institutional Head;
   • at community correctional centres - to the District Director; and
   • at community residential facilities (when it is believed that the Service is liable for the loss of or damage to their property) - to the head of the institution from which they were released.

Offender Accident Compensation Claims

4. For information concerning the submission of a claim, claimants shall contact Human Resources Development Canada at (819) 953-8001.

5. The completed Inmate's Application for Compensation (form LAB 1076) shall be submitted to the following address:

Federal Workers' Compensation Service
Human Resources Development Canada
Ottawa, Ontario K1A 0J2

ANNEX B

CLAIMS INVESTIGATIONS

GENERAL

1.  The investigation report shall, as appropriate, address the items indicated under the following headings:

•   "Investigations" at subsection 7.1 of the Treasury Board Policy on Claims and Ex gratia Payments ; and
•   "Investigations and assessment" at subsection 4.2 of the Treasury Board Guidelines on Risk Management (Appendix B of the Risk Management Policy).

2.  The level of the investigation shall be commensurate with the amount claimed or the amount that may be offered for the claim's settlement.

3.  No person who has been involved in the matter, which gave rise to the claim, shall be responsible for the conduct of the investigation.

4.  In collecting information and arriving at a recommendation, the person responsible for the conduct of the investigation must ensure that the information upon which he or she acts is reliable and persuasive (refer to paragraph 8 for examples).

INFORMAL INVESTIGATION

5.  An informal investigation (i.e. a preliminary fact finding investigation) should be considered before preparing a comprehensive investigation report on a claim's circumstances (i.e. by convening an administrative inquiry). The informal investigation should reveal the basic circumstances of the claim, for example confirm:

1. that the claimed effects are or were in the claimant's possession;
2. that a loss or damage has occurred; and
3. if the Service can be held responsible for the loss or damage.

ADMINISTRATIVE INQUIRY

6.  The administrative inquiry shall be convened when:

1. the informal investigation does not provide sufficient information to substantiate a decision on the claim; or
2. it is administratively expedient and cost effective.

The attached Checklist for the Conduct of Investigations provides guidance concerning the information that should be collected in relation to a claim filed by an inmate.

7.  The results of the administrative inquiry shall be reported in writing and should include the following information:

1. A short statement concerning the circumstances that gave rise to the claim. (The statement briefly informs the report's eventual reader of the claim situation before getting into its details.)
2. An all-inclusive chronological outline of the events that immediately preceded and followed the incident that gave rise to the claim. For instance:
   1. the whereabouts and the activity the claimant was engaged in at the time of the incident; and
   2. the actions taken, or omissions made, by staff members for ensuring that the claimant's effects were safeguarded at all times.
3. From the moment of the incident which led to the submission of the claim, a thorough chronological account of:
   1. the whereabouts of the claimant's personal effects;
   2. the occasions when staff or the claimant had access to the claimant's personal effects; and
   3. the movement of the claimant's personal effects (i.e. the paper trail of the claimed effects).
4. Comments as to whether the Service is responsible for the loss of or damages to the claimed effects and the reasons therefor.
5. The efforts which were made to obtain information that is known to be lacking.

ADMISSIBLE EVIDENCE

8.  The facts presented in the investigation report must be pertinent to the incident and be supported by documentary evidence rather than by hearsay evidence. For instance, it could be substantiated by:

1. log book entries;
2. the inventory of the effects found in the claimant's cell, i.e. the Inmate Personal Property (Cell Property Removal) (form CSC 872);
3. the claimant's Inmate Personal Property Record (Cell and Stored Effects) (form CSC 514);
4. purchase vouchers;
5. CSC reports; and
6. written statements from employees.

CHECKLIST FOR THE CONDUCT OF INVESTIGATIONS

The checklist's purpose is to assist in the conduct of an investigation into the circumstances giving rise to a claim against the Crown by an inmate in respect of the loss of or damages to personal effects. It will not always be pertinent to a particular case nor can it address all possible claim scenarios. However, it should provide direction concerning the information that is required to arrive at a decision on a claim.

I. PROOF OF OWNERSHIP

Obtain copies of the claimant's property records to establish proof of ownership. For example:

Form CSC 514, Inmate Personal Property Record (Cell and Stored Effects)

Form CSC 514-4, Inmate Personal Property (Conditions and Liabilities)

Form CSC 872, Inmate Personal Property (Cell Property Removal)

Form CSC 513, Inmate Personal Property Record (Valuables and Important Documents)

Form CSC 502, Inmate Personal Property Record (Money and Securities)

Hobby Craft Permit

II. INFORMATION COLLECTION

1. From Claimant

2. From Staff

III. CLAIMS RELATING TO HOBBY CRAFT

IV. GENERAL

V. RECOMMENDATIONS

ANNEX C

FACTORS TO CONSIDER WHEN EVALUATING AN INMATE CLAIM

The following factors should be considered for arriving at a decision as to whether the Service can be held liable for the loss of, or damage to, inmate property.

Factors Supporting the Acceptance of a Claim

1. The inmate's cell property was not immediately secured at the time of his or her removal from the general inmate population (unless no other inmate could have had access to the cell, for example, during a lock down).

2. It was possible for someone to take the claimed property from the inmate's cell between the time of the inmate's removal from the general inmate population and the preparation of form CSC 872, Inmate Personal Property (Cell Property Removal).

3. The claimant's property was lost or damaged while in the care of the Service.

4. The offender's property was lost or damaged while the Service was shipping them through a commercial carrier (unless the offender initiated the shipment).

5. When an inmate is away from his or her cell for reasons such as hospitalization, segregation, escape, temporary absence, appearance in court, or emergency transfer, the Service did not follow the procedures stated in a Commissioner's Directive or related directions for packing, listing and removal (as applicable) of the inmate's personal effects.

6. Where an inmate has been removed from the general inmate population or upon learning that the inmate is unlawfully at large, a detailed inventory of the property this person had the use of in the institution (i.e. cell, hobby craft and business property) is required. If this property was not itemized at the same time as the property was packed by the Service for safekeeping [e.g. by completing form CSC 872, Inmate Personal Property (Cell Property Removal)], the Service must be able to demonstrate that it was not possible for any property to have been lost or damaged prior to the completion of the inventory.

Factors Supporting the Denial of a Claim

7. Property, that was unsolicited by the Service and being sent from the community to an inmate, was lost or damaged in transit (e.g. by a commercial carrier or Canada Post Corporation).

8. Where property was allegedly lost or damaged during the inmate's voluntary absence from his or her cell, a claim should be disallowed if the inmate was not in double occupancy and could have secured the cell. That is, when the loss or damage to the inmate's property was due to this person's negligence rather than being attributable to the Service's negligence.

9. When the Service places, at the inmate's request, a cap on the electronic cell door release button (where this system is available), the Service should not be held liable for the alleged loss or damages to the inmate's cell property while the cap was in place.

Personal Property Lost or Damaged by a Commercial Carrier

10. When an offender's property has been lost or damaged while being shipped - at the Service's request - through a commercial carrier, the CSC site that received the property should, at the earliest opportunity, have informed the sending site, in writing, of the loss or damage, and forwarded supporting documentation (e.g. the original copy of the bill of lading, statements concerning the property damages, how it was packed and the condition of the damaged property's container).

11. After being informed of the loss or damage, the site that shipped the lost or damaged property should:

1. consider advising the commercial carrier, at the earliest opportunity and in writing:
   1. of the particulars of the loss or damage,
   2. that it may be held liable to reimburse the Service the amount of compensation that could be paid to the offender;
2. where a claim has been filed in respect of the loss or damage, accept the claim since the commercial carrier was acting as an agent of the Service; and
3. consider submitting a claim against the carrier for the recovery of the claim settlement amount.

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