Interim Policy Bulletin 738

To strengthen its commitment to accessibility and inclusion, CSC is providing the below direction on how disability-related accommodation requests are assessed and implemented in accordance with the principles of dignity, individualization and inclusion. This direction aligns with CSC’s human rights obligations and supports our goal of fostering a respectful, inclusive and barrier-free environment for all. Failing to provide reasonable accommodation for reasons related to one or more of the prohibited grounds as defined in the CHRA, including disability, may result in discrimination.

What has changed

The following policy direction supports CSC in meeting its accommodation obligations by establishing a general framework for accommodating offenders with disabilities, as defined in CD 700: Correctional Interventions.

The Institutional Head or District Director ensures that:

1. Individualized Accommodation Plans (IAPs) are developed, as soon as feasible, normally no later than 30 business days, for offenders with disabilities who require and wish to have one. The requesting offender is notified when the 30-business day timeframe for an IAP cannot be met and is provided with the reasons why
2. the development of the IAP involves a multidisciplinary and collaborative approach, which may include Health Services, Operations, Technical Services, Case Management and other relevant staff or partners
3. the offender is afforded the opportunity to participate in the development of the IAP
4. the Parole Officer documents the IAP in a Memo to File, clearly flags it and activates the disability “Needs” field in the Offender Management System (OMS), as outlined in the Alerts Flags Needs OMS information tool, and
5. the IAP is reviewed and updated, as necessary, to reflect the offender’s evolving needs and circumstances, recognizing that the duty to accommodate is ongoing and may require adjustments over time. 

The Institutional Head or District Director also ensures that staff whose duties involve the offender:

1. are informed of the requirements outlined in the IAP
2. comply with the provisions of the IAP, and 
3. consider the IAP when assessing participation and access to services, including, but not limited to:
   1. health care
   2. security
   3. movements and cell assignments
   4. interactions with staff and other offenders
   5. communications and visits
   6. correctional interventions and programs
   7. proceedings before administrative tribunals, such as the Parole Board of Canada and institutional disciplinary courts, as well as interviews through the complaint and grievance process.

The Assistant Warden, Interventions (AWI), in consultation with the Assistant Warden, Operations (AWO), Assistant Warden, Management Services (AWMS), and Manager, Health Care and Rehabilitation Programs and Services (MHCRPS), or the Area Director (AD), in consultation with the Assistant District Director, Management Services (ADDMS), and MHCRPS, ensures that during the development of the IAP, the following considerations are made: 

1. if required, consultation is completed with the appropriate health care professional(s) to identify the functional limitations that form the basis of the request, and, where applicable, review any previously provided accommodations. Health-related information is shared and documented on a need-to-know basis, in accordance with CD 701: Information Sharing and the Health Services Information Sharing Guidelines
2. consultation is completed with relevant departments (such as, but not limited to, programs, education, food services, security, and visits and correspondence) to identify and determine suitable accommodation options based on the type of limitations identified, and
3. if interim accommodation measures are required and implemented while an IAP is developed, these measures will be recorded in a Memo to File. 

The AWI, in consultation with the AWO, AWMS and Manager, Health Services, or the AD, in consultation with the ADDMS, ensures that accommodations are determined, supported and documented by considering, at a minimum, the following:

1. nature of the accommodation requested
2. information on the offender’s limitations and needs obtained through the relevant consultations
3. accommodations previously provided to the offender, where applicable
4. safety and security considerations, particularly where an accommodation measure may pose an overriding risk that cannot be mitigated
5. available resources within the facility and resources that may need to be acquired, and
6. the offender’s feedback on the proposed accommodations.

Where barriers to accommodation are identified and cannot be mitigated, the AWI, in consultation with the AWO, AWMS and Manager, Health Services, or the AD, in consultation with the ADDMS, documents the analysis and supporting evidence demonstrating that the requested accommodation would result in undue hardship.

The Institutional Head or District Director serves as the final authority for all decisions regarding requests for an IAP.

As part of an offender’s transfer assessment, the Institutional Head ensures that:

1. the receiving institution is provided with a copy of the offender’s current IAP, and
2. arrangements are made to transfer, as soon as feasible, any specialized equipment linked to the IAP listed in the offender’s Personal Property Record.

We have introduced the following definitions to enhance clarity and ensure consistency with existing legislation:

Duty to accommodate: the legal obligation of employers or service providers to take reasonable steps to eliminate disadvantages experienced by individuals on the basis of a prohibited ground of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. This includes making necessary changes to policies and practices to ensure equal access and participation for all.

Undue hardship: occurs when accommodation adjustments would be prohibitively expensive or create undue risks to health or safety. Each situation will be viewed as unique and assessed individually. A claim of undue hardship must be supported with facts and a detailed analysis of options; impressionistic or speculative reasons will not suffice. 

How it was developed

The Strategic Policy Division developed this Interim Policy Bulletin, in collaboration with the Rights, Redress and Resolution Branch and the Offender Programs and Reintegration Branch, as well as in consultation with the Health Services Sector.

Who is affected by the policy

All CSC staff. 

Contact:

Strategic Policy Division
NHQ.Policy-Politiques.AC@csc-scc.gc.ca

Commissioner,
Talal Dakalbab