POLICY BULLETIN

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What is new/changed?

Commissioner's Directive 234, "Claims Against the Crown, Inmate Personal Effects" has been expanded and new guidelines were developed to also address employee claims, the Offender Accident Compensation Program and the three Corporate Services' Claims Administration Instructions. As a result, CD 234 is now entitled "Claims Against the Crown and the Offender Accident Compensation Program" and it is accompanied by Guidelines 234-1.

The Guidelines contain additional information on how to process claims against the Crown by inmates and employees, as well as claims by the Crown. They also provide information on administrative procedures for the Offender Accident Compensation Program.

Why was the policy changed?

The policy and guidelines integrate information that has a bearing on the administration of claims, including the latest legal, CSC and central agency requirements.

What is the purpose of the change?

To provide clear direction in relation to the administration of claims, reduce work requirements of staff, and provide a framework for ensuring that staff involved in the processing of claims have a knowledge of the procedural requirements that are necessary for ensuring a systematic, expeditious and proper resolution of claims.

How was it developed?

The policy and guidelines were developed through extensive consultation with Legal Services, National Headquarters Policy, national, regional and institutional officials, the Correctional Investigator's Office, a representative sample of inmate committees, unions and Human Resources Development Canada.

Accountability?

Regional Deputy Commissioners, Institutional Heads and District Directors are responsible for ensuring the application of the provisions of the policy. Compliance, including claim resolution timeframes, will be monitored by the Assistant Commissioner, Corporate Services and the Performance Assurance Sector.

Who will be affected by the policy?

All offenders and employees who submit claims against the Crown.

Claims administrators at all levels of the organization.

Employees appointed to conduct investigations on the circumstances giving rise to a claim.

Staff responsible for carrying out the reporting requirements of the policy, analyzing the reports, and conducting the monitoring requirements of the policy.

Expected cost?

The necessary amendments to the Claims Settlement Management System will be effected during ongoing maintenance of the system. Costs will be minimal and funding will be allocated within the Corporate Services Sector.

Other impacts?

Existing forms relating to the submission of claims for lost or damaged effects are being modified to address both offender and employee claims.

Procedures relating to motor vehicle accidents and litigation cases will be developed at a later date.

The Guide to Accident Compensation for Federal Offenders is available on the Infonet at the Comptrollers Branch site and at the "Policies/SOPs" Main Menu option (i.e. under the heading "Inmate Injuries" of the "Relevant Links" sub-menu option). Forms relating to the compensation program are also available at the "Inmate Injuries" site.

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