1. Section 1 of Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:
“disciplinary segregation” means the type of segregation imposed as a disciplinary measure under section 32; (“isolement disciplinaire”)
“meaningful social interaction” means an experience for an inmate, other than a routine institutional operation such as showering or transportation to court, that involves opportunities for social interaction and social activities that,
(a) could be reasonably considered meaningful to the inmate,
(b) promote mental or physical stimulation, and
(c) mitigate the isolation and potential harm caused by segregation; (“interaction sociale significative”)
“non-disciplinary segregation” means the type of segregation imposed under section 28.10; (“isolement préventif”)
“segregation” means any type of custody where an inmate is in highly restricted conditions for 22 to 24 hours or does not receive a minimum of two hours of meaningful social interaction each day, excluding in circumstances of an unscheduled lockdown; (“isolement”)
2. (1) The Regulation is amended by adding the following Part:
Part 0.1
Ministry training
1.1 (1) Every employee in the Ministry who is employed at a correctional institution or who is a probation or parole officer, or a supervisor of a probation or parole officer, shall complete human rights and anti-racism training approved by the Minister every five years.
(2) The first round of training required by subsection (1) must be completed,
(a) within 12 months after the employee becomes employed in the Ministry; or
(b) in the case of persons who were employed in the Ministry before the day this section came into force, within two years after the day this section came into force.
1.2 (1) Every employee in the Ministry who works in a correctional institution, and every probation or parole officer, shall complete de-escalation training approved by the Minister every two years.
(2) The first round of training required by subsection (1) must be completed,
(a) within 12 months after the employee becomes employed in the correctional institution; or
(b) in the case of persons who were employed in the Ministry before the day this section began applying to them, within two years after the day this section came into force.
1.3 (1) Every correctional officer, and every supervisor of a correctional officer, shall complete use of force training approved by the Minister every two years.
(2) The first round of training required by subsection (1) must be completed,
(a) within 12 months after the correctional officer or supervisor becomes employed; or
(b) in the case of correctional officers or supervisors who were employed before the day this section came into force, within two years after the day this section came into force.
(2) Subsection 1.1 (1) of the Regulation, as enacted by subsection (1), is revoked and the following substituted:
(1) Every employee in the Ministry who is employed in the administration of the Act shall complete human rights and anti-racism training approved by the Minister every five years.
3. The Regulation is amended by adding the following sections:
Duties of Minister
7.1 Where social or cultural supports, including social workers and people who provide culturally relevant services to Indigenous inmates, are accessed by the inmate, the Minister shall make reasonable efforts to obtain relevant information from the people who provided those supports and use the information to inform discipline, misconduct and segregation decisions relating to that inmate.
7.2 The Minister shall make reasonable efforts to provide inmates who have unique or complex needs with access to services and programs that provide specialized care to assess and treat those needs.
4. Clause 17 (2) (d) of the Regulation is revoked and the following substituted:
(d) the Deputy Minister; or
5. The French version of subsection 17.2 (2) of the Regulation is amended by striking out “son père, sa mère” and substituting “son parent”.
6. Section 26 of the Regulation is amended by striking out “segregation conditions” and substituting “non-disciplinary segregation”.
7. The Regulation is amended by adding the following section:
Custody in Restricted Conditions
28.1 The Superintendent shall provide reports to the Minister every four months indicating the number of inmates who were held in highly restricted conditions for 20 to 22 hours per day in the preceding four-month period, along with information on how long they were held in such conditions.
8. (1) The Regulation is amended by adding the following sections:
28.2 (1) Inmates shall not be placed in, or remain in, segregation if either of the following circumstances apply:
1. The inmate has reported to the Ministry, or the Ministry is otherwise aware, that a regulated health professional who is qualified to make diagnoses within their clinical scope considers the inmate to be experiencing at least one of the following disorders:
i. Amnestic or any other cognitive disorder.
ii. Any major depressive disorder.
iii. Any neurocognitive disorder.
iv. Bipolar disorder I or II.
v. Borderline personality disorder.
vi. Brief psychotic disorder.
viii. Delusional disorder.
x. Obsessive-compulsive disorder.
xi. Post-traumatic stress disorder.
xii. Psychotic disorder not otherwise specified.
xiii. Schizoaffective disorder.
xiv. Schizophrenia (any sub-type).
xv. Schizophreniform disorder.
xvi. Substance-induced psychotic disorder (excluding intoxication and withdrawal).
2. An officer or a manager employed in the Ministry has observed the inmate experiencing at least one of the following or is aware, whether due to a report from the inmate or otherwise, that the inmate is experiencing at least one of the following:
i. Significant impairment in judgment, including the inability to make decisions, confusion or disorientation.
ii. Significant impairment in thinking, including paranoia or delusions that make the inmate a danger to themselves or others.
iii. Significant impairment in mood that interferes with the inmate’s ability to effectively interact with other people, including constant depressed mood with helplessness, hopelessness, agitation or manic mood.
iv. Significant impairment in behaviour and communication that interferes with the inmate’s ability to effectively interact with other people.
v. Hallucinations, delusions or severe obsessional rituals that interfere with the inmate’s ability to effectively interact with other people.
vi. Suicidal ideation resulting in elevated risk for suicide attempts.
vii. Self-injury resulting in elevated risk for serious physical or mental injury.
(2) If the Superintendent learns that the circumstances set out in subsection (1) apply to an inmate who is held in segregation, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation.
28.3 (1) The Superintendent shall ensure that inmates are not held in segregation for more than 15 consecutive days.
(2) If an inmate of a correctional institution has been held in segregation for 15 consecutive days, the Superintendent shall alter the inmate’s conditions of confinement so that they no longer constitute segregation.
(3) For the purposes of this section, a transfer of an inmate who was held in segregation in one correctional institution to a different correctional institution does not constitute a break in the inmate’s consecutive days of being held in segregation.
28.4 (1) An inmate who is held in segregation retains, as far as practicable, all rights and privileges as if the inmate were not held in segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a disciplinary measure under section 32.
(2) An inmate who is held in segregation shall be given access to all programs and services that they would have been offered outside of segregation, except those that can only be enjoyed in association with other inmates and those that cannot be enjoyed due to security requirements or as a result of the imposition of a disciplinary measure under section 32.
(3) The programs and services referred to in subsection (2) may be adapted to the circumstances of segregation to the least restrictive extent reasonable in a manner that is necessary for the security of the correctional institution and the safety of persons.
28.5 (1) The Superintendent shall ensure that an inmate who is held in segregation is assessed by a health care professional at least once every 24 hours.
(2) Any health care professional who assesses inmates held in segregation,
(a) shall be enabled to provide any assessment or treatment the inmate requires;
(b) shall report to the Superintendent without delay if, based on their assessment, there is evidence of an increasing risk of adverse effects on the inmate’s mental or physical health as a result of the continuance of the segregation; and
(c) may recommend to the Superintendent that the conditions of confinement be altered in order to minimize any adverse effects on the inmate’s physical or mental health.
(3) A Superintendent who does not follow a recommendation made under clause (2) (c) shall document their rationale and make it available to the person who made the recommendation and the person who conducts reviews of the.