Commissioner's Directive 567-4: Use of Chemical and Inflammatory Agents

Applies to staff involved in the control, deployment, and use of chemical and inflammatory agents to carry out their duties, except in Community Correctional Centres

Contents

• Responsibilities
• Procedures
  • Use of Chemical and Inflammatory Agents
  • Decontamination
• Enquiries
• Annex A: Cross-References and Definitions
• Annex B: Decontamination Procedures – Chemical and Inflammatory Agents

Responsibilities

1. The Director General, Security:
   1. ensures approved chemical and inflammatory agents are listed in the Security Equipment Manual
   2. provides the regions with direction on the proper use of chemical and inflammatory agents in compliance with the Engagement and Intervention Model (see Annex B of Commissioner's Directive (CD) 567: Management of Incidents)
   3. ensures training in the use of chemical and inflammatory agents is developed and maintained, and
   4. provides the regions with direction on the proper storage and handling of chemical and inflammatory agents in compliance with the Fire Safety Manual.
2. The Assistant Deputy Commissioner, Correctional Operations, ensures the institutions are provided with support on the storage, handling, and use of chemical and inflammatory agents in compliance with the Engagement and Intervention Model.
3. The Institutional Head:
   1. ensures Correctional Officers or Primary Workers are trained in the use of chemical and inflammatory agents and recertified in accordance with the National Training Standards
   2. ensures procedures are in place for the safe storage, handling, and deployment of chemical and inflammatory agents, including a locally developed control log which:
      1. identifies the designated physical posts to which chemical or inflammatory agents are issued
      2. identifies the post assignments for which Correctional Officers or Primary Workers are issued chemical or inflammatory agents, and
      3. documents the weight of inflammatory aerosols at time of issuance and upon return
   3. only authorizes the issuance of MK3 and MK4 inflammatory agents to Correctional Officers or Primary Workers, to be worn on their person, who are working in direct contact with inmates at, or from:
      1. maximum security institutions, including maximum security units of clustered institutions
      2. medium security institutions, including medium security units of clustered institutions, and
      3. multi-level security institutions, including Regional Treatment Centres, but not including minimum security units located outside of the security perimeter, or Okimaw Ohci Healing Lodge
   4. ensures the MK9 inflammatory agents are only authorized for:
      1. non-routine carrying following a Threat Risk Assessment, for periods of up to 24 hours
      2. execution of intervention plans that have been approved by a Correctional Manager or Crisis Manager
      3. placement on control posts, to be available for issue for responding to incidents
      4. placement on control posts for issue to Correctional Officers supervising inmate movement outside of living units, for the duration of the movement, in men’s maximum security institutions, and
      5. movement control officers or non-unit based designated first responders, as identified by institutional Standing Orders in men’s maximum security institutions, and
   5. in collaboration with Health Services, develops a process to ensure necessary medical information may be shared, when required.
4. The Deputy Warden ensures:
   1. Post Orders identify the storage locations of chemical and inflammatory agents, and
   2. inflammatory agents that are used for routine issue are centrally located to facilitate efficient issue and tracking.
5. The Assistant Warden, Operations, ensures a process is in place for regular reviews of sign-out and sign-in logs.
6. The Security Maintenance Officer, or equivalent:
   1. enters all chemical and inflammatory agents in the Security Equipment Inventory, recording weight (for aerosols only), location, and post assignment
   2. weighs the canister and documents in a Statement Observation Report the amount used for use of force reporting following every use of inflammatory agents (for aerosols only)
   3. disposes of, or places for training use only, any MK4, MK4 360 or MK9 that has been used one time
   4. ensures only chemical and inflammatory agents listed in the Security Equipment Manual are available to staff for use, and
   5. ensures the proper storage and handling of all chemical and inflammatory agents in accordance with CD 345: Fire Safety and the Fire Safety Manual.
7. All Correctional Officers or Primary Workers authorized to carry an inflammatory agent on their person:
   1. ensure it is worn in the prescribed manner, and
   2. report any damage, malfunction, or use of the inflammatory agent immediately to the Correctional Manager and complete a Statement Observation Report.

Procedures

Use of Chemical and Inflammatory Agents

8. Staff respond to incidents pursuant to the Engagement and Intervention Model described in Annex B of CD 567 - Management of Incidents.
9. Chemical and inflammatory agents are used in accordance with nationally approved training standards.
10. Following the use of chemical or inflammatory agents, the offender is offered a post‑use of force assessment, as outlined in CD 567-1: Use of Force.
11. Following an incident and once the situation is under control, the Correctional Officer or Primary Worker delivers any canister that has been used to the Correctional Manager, Operations Desk.
12. The Correctional Manager, Operations Desk, ensures used chemical or inflammatory agents are secured for retrieval by the Security Maintenance Officer.

Decontamination

13. When chemical or inflammatory agents are used, decontamination procedures pursuant to Annex B are completed as soon as possible.
14. Restraint equipment must be removed for the decontamination process. If the level of risk is assessed as requiring restraint equipment to be maintained during decontamination, direct physical control of the inmate by the Correctional Officer or Primary Worker is required. Any time restraint equipment is not removed for the decontamination, the rationale is included in a Statement Observation Report.
15. Spit hoods are removed prior to decontamination.
16. A Correctional Officer or Primary Worker video-records the decontamination procedure and submits the video-recording to the Correctional Manager, Operations Desk, along with their Statement Observation Report. The decontamination procedure is conducted pursuant to CD 566‑7: Searching of Offenders with regard to gender and privacy concerns, and is video‑recorded following the same process and requirements as for video-recording strip searches, as outlined in CD 567-1: Use of Force. All staff members whose duties require them to be aware of the existence of an offender’s individualized protocol are required to abide by its provisions, as outlined in CD 100: Gender Diverse Offenders .
17. Staff monitor the overall well-being of the inmate throughout the decontamination process and act on any cues of distress exhibited by the inmate by providing appropriate interventions as necessary, pursuant to CD 567: Management of Incidents.
18. Should an inmate refuse a decontamination offer, the refusal is documented in a Statement Observation Report. Should an inmate request decontamination after refusing, the request is granted as soon as operationally feasible.

Enquiries

Strategic Policy Division
National Headquarters
Email: NHQ.Policy-Politiques.AC@csc-scc.gc.ca

Commissioner,

Anne Kelly

Annex A : Cross-References and Definitions

Cross-References

• CD 100: Gender Diverse Offenders
• CD 345: Fire Safety
• CD 566-7: Searching of Offenders
• CD 567: Management of Incidents
• CD 567-1: Use of Force
• CD 577: Staff Protocol in Women Offender Institutions

Chemical agent: a chemical-based agent designed to debilitate or incapacitate a person or persons. The active chemical agent currently employed is Ortho-Chlorobenzal Malononitrile (CS), a chemical tearing agent that causes a burning sensation of the eyes, nose, throat and moist skin, and with inhalation causes headache, dizziness, difficulty breathing and shortness of breath.

Health care professional: an individual registered or licensed for the practice of health or mental health care in the province of practice. A health care professional operates within their scope of practice and competence. They may also be an unregistered health care professional under the supervision of a registered health care professional.

Individualized protocol : refers to the “Immediate Needs Indicators – Gender Considerations” screen in the Offender Management System. The individualized protocol records an offender’s gender-related accommodation information, such as an offender’s chosen first and middle name(s), chosen pronoun(s), institution type preference (men’s or women’s), and the gender of the staff (man or woman) who will complete the security operational procedures.

Inflammatory agent : an agent designed to cause temporary burning sensation and inflammation of mucous membranes and eyes leading to involuntary closure. The active ingredient employed in current inflammatory agents is oleoresin capsicum (OC), an organic agent derived from chili peppers.

Security perimeter : the designated security boundary of a penitentiary as defined by the Institutional Head in Standing Orders. For maximum, medium, and multi-level security institutions, the security perimeter is delineated by fences or walls and includes the patrol road. Minimum security institutions may not have a defined or fenced security perimeter but do have designated boundaries defined by the Institutional Head.

Annex B: Decontamination Procedures – Chemical and Inflammatory Agents

Related links

• Policy Bulletin 521
• Policy Bulletin 731