Bill 175, Safer Ontario Act, 2017

Lalonde, Hon Marie-France Minister of Community Safety and Correctional Services

Current Status: Second Reading Debate

Viewing: Original (current version) pdf

Safer Ontario Act, 2017

EXPLANATORY NOTE

The Bill enacts, amends or repeals various Acts and revokes a regulation. The major elements of the Bill are described below.

SCHEDULE 1
Police Services Act, 2017

The Schedule enacts the Police Services Act, 2017.

Part I (Principles and Interpretation)

The declaration of principles remains similar to the current Police Services Act, with the addition of the need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities and the need to ensure that all parts of Ontario, including First Nation Territories, receive equitable levels of policing.

A number of terminology changes are made relative to the current Police Services Act. “Police force” is replaced with “police service”. “Police services” provided by police is replaced with the term “policing”. “First Nations Constable” is changed to “First Nation Officer”. “Board” is replaced with “police service board”.

Part II (Minister’s Duties and Powers)

This Part sets out the Minister’s general duties and powers under the Act.

The Minister is entitled to receive prescribed information in accordance with the regulations from certain police entities and to receive certain information on request. The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Minister’s duties, and for research purposes, are set out. The Information and Privacy Commissioner is given the power to review the practices of the Minister in relation to personal information. Offences related to the unauthorized use and disclosure of this information are set out.

Part III (Provision of Policing)

Police service boards and the Commissioner of the Ontario Provincial Police (the “Commissioner”) are responsible for providing adequate and effective policing in their areas of policing responsibility. Adequate and effective policing is defined in this Part as including various policing functions provided in accordance with the standards set out in the regulations and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code.

Police service boards can be divided into municipal boards, maintained by a municipality, and First Nation boards, maintained by a First Nation. These boards have an area of policing responsibility established later in the Act. The Commissioner has policing responsibility for every area of Ontario that is outside the areas for which the police service boards have policing responsibility.

The regulations may provide that a prescribed policing provider is to provide a policing function in an area. In this case, the prescribed policing provider is to provide the policing function, instead of or along with the police service board or the Commissioner.

Members of the police service, or persons acting under their direction, must be used to deliver the policing functions that are the components of adequate and effective policing, unless the regulations provide otherwise.

The regulations may provide that a policing function does not have to be provided by members of the police service, or persons acting under their direction, and if they do the police service boards or the Commissioner may enter into agreements with other entities to have the entity provide that policing function. For-profit entities may only provide certain functions. The responsibility for ensuring that the standards for adequate and effective policing are met remains with the police service board or Commissioner.

Rules are set out for the provision of policing in special areas, agreements for additional services and the cost of providing extra policing.

This Part also sets out the rules for temporary assistance and emergency situations.

Part IV (Municipal Policing and Police Service Boards)

This Part sets out how municipalities may provide policing and the rules that apply to police service boards (both municipal boards and First Nation boards).

Municipalities may provide policing in their municipality in several ways, subject to the Minister’s approval.

Municipal councils that maintain a municipal board are required to prepare a diversity plan to ensure that the board members are representative of the diversity of the population in the area. Rules respecting the name and size of municipal boards are set out.

First Nations may request the constitution of a First Nation board by a Minister’s regulation. The Minister shall consider the request and may make a regulation constituting the First Nation board to have policing responsibility for an area.

The remainder of the Part sets out the rules that apply to all police service boards. This includes the process for appointing members to the boards. It also includes the duties of the police service boards, which include employing members of the police service and monitoring the chief of police’s performance. The police service boards also establish policies and prepare strategic plans for their police services. Rules for liability, committees, meetings, quorum and other administrative issues are set out.

Part V (Ontario Provincial Police)

This Part sets out the duties and responsibilities of the Ontario Provincial Police (the “O.P.P.”) and the governance provisions that apply to it.

The Commissioner is appointed by the Lieutenant Governor in Council and has the power to appoint members of the Ontario Provincial Police as police officers. The Minister establishes policies and prepares a strategic plan for the O.P.P.

This Part provides for the constitution of O.P.P. detachment boards. O.P.P. detachment boards advise O.P.P. detachment commanders with respect to policing provided by the detachment. They may establish local policies and local action plans with respect to a wide range of matters.

The Part also establishes the Ontario Provincial Police Governance Advisory Council. The Council’s role is to provide advice to the Minister regarding the use of the Minister’s powers with respect to the O.P.P.

The Part provides for agreements with First Nations to have the Commissioner provide policing in First Nation territory or other specified areas. First Nations may request the constitution of a First Nation O.P.P. board by a Minister’s regulation. These boards have many of the same functions and powers as an O.P.P. detachment board and are also responsible for overseeing the agreement with the First Nation.

Part VI (Inspector General of Policing)

The Lieutenant Governor in Council appoints an Inspector General of Policing. The Inspector General’s duties are to monitor and conduct inspections related to compliance with the Act and to deal with certain complaints regarding policing and board members.

The Inspector General is entitled to receive prescribed information in accordance with the regulations from certain police entities and to receive certain information on request. The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Inspector General’s duties are set out.

Any person may complain to the Inspector General that a member of one of the boards regulated under the Act is not complying with the applicable code of conduct. Complaints may also be made about various other policing matters. The Inspector General is to consider the complaints and, if there are grounds for investigation, investigate them.

The Inspector General may appoint inspectors and cause inspections to be conducted. Inspectors have a wide variety of inspection powers, including the power to require responses to their inquiries.

Inspectors reports their findings to the Inspector General. If the Inspector General believes that the report discloses evidence that a board member is not complying with a code of conduct, he or she shall report the findings to the Minister and may recommend that the Minister use a disciplinary power.

If the Inspector General believes that the report discloses evidence of other non-compliance with the Act, or actions that will likely result in non-compliance, he or she may issue a direction to remedy or prevent the non-compliance or likely non-compliance. If the direction is not complied with, then the Inspector General shall report to the Minister and may recommend that the Minister impose a disciplinary measure. In an emergency situation, the Inspector General may impose certain disciplinary measures directly on an interim basis.

The Part provides offences relating to obstruction of inspectors, failure to provide information and the provision of false or misleading information.

Part VII (Police Officers and Other Policing Personnel)

The duties of chiefs of police are set out. Chiefs of police are given the power to disclose personal information in certain circumstances. They are also required to perform an internal investigation if a member of their police service is being investigated by the SIU Director.

The duties of police officers are set out and the requirements for a person to be appointed as a police officer are established. The Part also establishes the probationary period of newly appointed police officers for police services maintained by a police service board.

Members of a police service must meet prescribed qualifications to hold their position, if any such qualifications are set out in the regulations.

The police service boards and the Commissioner are required to accommodate the needs of a member of a police service who has a disability. If a police officer continues to be incapable of fulfilling the essential duties or requirements of his or her position after being offered accommodation, the Act sets out a procedure for reassigning the officer to a civilian position or, in situations where the officer would not be capable of performing or fulfilling the essential duties or requirements of an available civilian position, retiring or terminating the employment of the officer. A procedure for bringing these proposed actions to arbitration is set out.

Members of a police service are not permitted to engage in secondary activities unless the chief of police determines otherwise, including activities that would place them in conflicts of interest or that would otherwise constitute full-time employment for another person.

This Part also provides for the appointment of police cadets and auxiliary members of the police service.

Police service boards and the Commissioner are given the power to appoint persons as special constables. Special constables have to meet certain eligibility criteria and are issued a certificate of appointment specifying the name of the employer for whom they may work, the powers of a police officer that they may exercise, if any, and the purpose for which they may act.

The Minister may issue authorizations to employ special constables. Special constable employers have certain duties established by the Act and are required to investigate conduct of their special constable employees that may contravene the Act or the regulations. Their authorization to employ special constables may be suspended or terminated for a variety of reasons, including a failure to take appropriate action against a special constable employee who may have contravened the Act or the regulations.

This Part also provides for the appointment of First Nation Officers. First Nation Officers are peace officers and have the powers of a police officer for the purpose of carrying out their duties.

Part VIII (Right to Report Professional Misconduct)

This Part establishes the procedures for disclosing professional misconduct. The right to disclose under this Part prevails over anything provided under any other Act or otherwise at law that would prohibit the disclosure.

This Part requires the establishment of written procedures for the disclosure of professional misconduct by members of a police service or by employees of a special constable employer. These procedures may be followed in disclosing the professional misconduct.

Members of a police service or special constables may instead disclose professional misconduct directly to the Inspector General in certain cases, including if they believe it would not be appropriate to disclose it in accordance with the disclosure procedures. The Inspector General shall assess the complaint and refer it to the Complaints Director if appropriate.

No person shall take a reprisal against members of a police service or special constables who take certain actions under the Part, including disclosing professional misconduct.

Part IX (Discipline and Dismissal)

This Part defines professional misconduct, which includes a failure to comply with the applicable code of professional conduct and other failures to comply with the Act or the Policing Oversight Act, 2017.

This Part sets out a duty for chiefs of police, police service boards and the Minister to report professional misconduct to the Complaints Director in prescribed circumstances. It also sets out investigation provisions respecting conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance.

Chiefs of police, police service boards and the Minister may impose different disciplinary measures on police officers for conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance. Certain disciplinary measures, such as temporary suspensions, forfeiture of pay and reprimands, can be imposed directly by the chief, board or Minister. The police officer may request a hearing before the Tribunal to dispute the measure.

Termination of employment and demotion cannot be imposed directly. Instead, the chief of police, police service board or Minister must apply to the Tribunal to hold a hearing on the matter. The Tribunal may order termination, demotion or another disciplinary measure at the end of the hearing.

Suspensions with pay may be imposed pending the final disposition of a proceeding under this Part or the Policing Oversight Act, 2017. Suspensions without pay may be imposed in more limited circumstances, including convictions for an offence and sentencing to a term of imprisonment, judicial interim release that prevents the officer from performing the usual duties of a police officer and charges for certain serious offences.

Part X (Labour Relations)

This Part contains provisions related to police service labour relations. It does not apply to the O.P.P.

Membership in trade unions or organizations affiliated with trade unions is prohibited for members of a police service, subject to certain exceptions.

The Part sets out a procedure for bargaining, conciliation and arbitration between the members of a police service and the police service board. Disputes regarding an agreement made under this Part also go through conciliation and arbitration.

This Part continues the Ontario Police Arbitration Commission. The Arbitration Commission appoints arbitrators for a number of arbitrations under the Act if the parties are unable to agree to one and performs other duties related to arbitrations under the Act.

Part XI (Transfer of Assets between Pension Plans)

This Part sets out the rules that apply to transfers of assets between the Public Service Pension Plan and the Ontario Municipal Employees Retirement System. It excludes the application of certain provisions of the Pension Benefits Act and replaces them with different transfer requirements.

Part XII (Court Security)

This Part sets out the rules that apply to security for premises where court proceedings are conducted.

Police service boards and the Commissioner are responsible for providing court security in their areas of policing responsibility. They may authorize a person to provide court security, and those persons are granted a number of powers.

Part XIII (Community Safety and Well-Being Plans)

Municipal councils are required to prepare and adopt a community safety and well-being plan. First Nations may also choose to do so. These plans must identify risk factors to the community and identify strategies to reduce prioritized risk factors, in addition to other requirements.

Municipal councils that have adopted such a plan must monitor, evaluate and report on the effect it is having.

Part XIV (Regulations and Miscellaneous)

This Part applies to the handling of property, money and firearms that come into the possession of a police service. It also sets out the regulation making powers, which are split between the Lieutenant Governor in Council and the Minister.

Part XV (Amendment and Repeal)

This Part replaces the existing Part VIII.1 of the current Police Services Act with a new Part that closely resembles Part XI of the Police Services Act, 2017. The Police Services Act is also amended by adding a new Part providing for community safety and well-being plans, along with related regulation-making powers. These amendments all come into force on Royal Assent.

This Part also provides for the repeal of the Police Services Act.

Schedule 2
Policing Oversight Act, 2017

The Schedule enacts the Policing Oversight Act, 2017.

Part I (Principles and Interpretation)

Section 1 sets out the principles by which the oversight of policing in Ontario shall be governed, including the importance of accountability in policing and the impartial and independent operation of the policing oversight system. Section 2 deals with interpretation and sets out definitions for the Act. Generally speaking, words and expressions used in the Act and in the regulations made under it that relate to policing and police matters have the same meanings as under the Police Services Act, 2017 (subsection 2 (2)). The Crown is bound by the Policing Oversight Act, 2017 (section 3).

Part II (Ontario Special Investigations Unit)

Part II of the Act continues the Ontario Special Investigations Unit. The Ontario Special Investigations Act, 2017 is consequently repealed (section 106).

Section 4 in Part II of the Act deals with interpretive matters including definitions applicable to the Part, such as a definition of “serious injury”.

Sections 5 to 15 provide for the continuance of the Ontario Special Investigations Unit headed by the Ontario Special Investigations Director (“SIU Director”).  Sections 7 to 15 deal with the composition of the Ontario Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (section 14). Section 10 provides for and governs the collection, use and disclosure of personal information by the SIU Director for the purposes of conducting analyses and publishing reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario.

The remainder of the Part deals with investigations. The SIU Director may initiate an investigation in two contexts. The first of these is with respect to an incident in which a person dies or is seriously injured, or in which a firearm is discharged at a person, if the incident may have resulted from the conduct of an official (subsection 16 (1)). The term “official” is defined as police officers, special constables, auxiliary members of a police service and any other person who may be prescribed by the regulations (subsection 4 (1)). This power to investigate applies even if the official is no longer serving in that position. It also applies to incidents that occurred in the past (with specified limitations as to officials other than police officers). Subsection 16 (2) sets out that the power to investigate under section 16 may apply to an official with respect to his or her conduct when off-duty, in specified circumstances. Under section 17 an official’s designated authority - a term defined in subsection 4 (1) in respect of different types of officials - must immediately notify the SIU Director of an incident that may be investigated under section 16. This applies even if the seriousness of a person’s injury cannot initially be determined. If given notice of an incident, the SIU Director must cause an investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under section 16. If, in the course of an investigation under section 16, the SIU Director determines that a person who is not an official who may be investigated under that section may also have been a cause of an incident to which that section applies, the SIU Director may extend the investigation to include that person (section 18). This would include an official who was off-duty at the time of the incident but who does not meet the criteria required to initiate an investigation under section 16.

The SIU Director may also initiate an investigation in another context (section 19). If, in the course of an investigation under section 16, the SIU Director becomes aware of a matter that is not something that can be investigated under that section but which may constitute a criminal offence or other specified offence committed by an official, the SIU director may cause the matter to be investigated. Alternatively, the SIU Director may instead refer the matter to a chief of police.

In either case, the SIU Director is the lead investigator in the investigation of any incident or matter under Part II (section 20).

Sections 21 to 31 set out the mechanics and other elements of the investigations themselves, including securing of the scene (section 22), incident notes and other notes of subject and witness officials (sections 23, 25 and 26), the designation of officials as “subject official” and “witness official” as defined in the Part (section 24), the segregation of officials and limits on their communication during an investigation (section 28), and confidentiality during an investigation (sections 30 and 31).

Section 33 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Ontario Special Investigations Unit. A failure to do so constitutes an offence, the penalty on conviction being a fine of not more than $50,000, a term of imprisonment of not more than one year, or both.

If the SIU Director determines, as a result of an investigation under Part II, that there are reasonable grounds to believe that a person has committed an offence under any federal or Ontario statute, the SIU Director shall cause charges to be laid against the person (section 34). Sections 35 to 37 address requirements for the SIU Director to give public notice of the results of investigations under the Part. Investigations under the Part are subject to the timing and related notice requirements of section 38.

The SIU Director is required to give notice to the Ontario Policing Complaints Director and to the Inspector General of Policing respecting matters raised during an investigation under the Part that may engage their respective statutory mandates under the Police Services Act, 2017.

Part III (Ontario Policing Complaints Agency)

Section 42 continues the office of the Independent Police Review Director as the Ontario Policing Complaints Agency, headed by the Ontario Policing Complaints Director (“Complaints Director”). Most of Part III deals with the composition of the Agency and other matters respecting the Agency, such as protection from personal liability (section 53). Section 50 provides for and governs the collection, use and disclosure of personal information by the Complaints Director for the purposes of conducting analyses and publishing reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario.

The Complaints Director administers the public complaints and investigation regime set out in Part IV of the Act (section 44). The Complaints Director may also undertake reviews of issues of a systemic nature that have been the subject of public complaints or investigations under Part IV, or that may contribute or otherwise be related to professional misconduct by police officers and special constables (section 45).

Part IV (Public Complaints, Investigations and Hearings)

Part IV provides for the investigation of complaints by members of the public respecting the conduct of police officers and special constables. Other persons in respect of whom the Part applies may be prescribed by regulations under the Act.

Section 55 deals with interpretive matters including definitions. Section 57 sets out the considerations the Complaints Director must consider when the Part requires a determination as to whether or not an investigation is in the public interest.

Sections 58 to 62 address public complaints. A person may make a complaint to the Complaints Director about the conduct of a police officer or special constable. A complaint may be made through an agent or, in specified circumstances, may be made by a person on behalf of another person. Certain persons, such as members of a police service, are restricted from making complaints to the Complaints Director. If a person inadvertently makes a complaint to a member of a police service, police service board, special constable or special constable employer, that person or entity must provide information to the complainant respecting the Complaints Director and the complaints process, and, if the complainant requests it, forward the complaint to the Complaints Director. (Section 58).

The Complaints Director is required to review every complaint. If the Complaints Director determines that the complaint is about the conduct of a police officer or special constable, the Complaints Director shall, subject to specified exceptions, cause the complaint to be investigated. The Complaints Director may not investigate complaints respecting other matters. (Sections 60 and 61). A complaint may be withdrawn, but the Complaints Director may decide to continue to deal with it despite its withdrawal (section 62).

The Complaints Director is also given authority to cause an investigation to be conducted into the conduct of a police officer or special constable in the absence of a complaint, if specified circumstances apply and the Complaints Director determines that an investigation is in the public interest (section 63). The specified circumstances include receipt of notice of possible professional misconduct from the SIU Director or from certain officials under the Police Services Act, 2017.

Sections 68 to 77 of the Policing Oversight Act, 2017 deal with investigations under Part IV by the Complaints Director, including authority for the Complaints Director to postpone the commencement of an investigation in order to avoid interfering with a criminal investigation or proceeding (section 69). Investigation powers are set out in sections 70 to 73. The Complaints Director may discontinue an investigation if he or she determines that continuing it is not in the public interest (section 75). Otherwise, the Complaints Director is required to endeavour to ensure that investigations are concluded within a year of their commencement, subject to specified postponement or stay, if applicable (section 76). The Complaints Director must make a written report on the conclusion of every investigation (section 77).

If the Complaints Director determines that there are reasonable grounds to believe that the conduct of the police office or special constable constitutes professional misconduct, the Complaints Director must refer the matter to the Ontario Policing Discipline Tribunal (“Tribunal”) for a hearing (section 79). The Complaints Director may at any time attempt to resolve the matter informally, subject to the consent of the complainant, if any, and of the police officer or special constable (section 80).

Section 81 permits the Complaints Director to refer a complaint to a chief of police for investigation, subject to any requirements specified by the Complaints Director. The chief of police is required to cause the complaint to be investigated and must report the results back to the Complaints Director.

Sections 82 to 89 deal with hearings of matters referred by the Complaints Director to the Tribunal. The Minister responsible for the administration of the Act is deemed to be the applicant in the proceeding; the police officer or special constable is also a party, as is any other person specified by the Tribunal (section 82). The Complaints Director, the complainant and any other interested person may seek leave to intervene in the application (section 83). The Tribunal may make certain interim orders, such as suspending the appointment of a police officer or special constable under the Police Services Act, 2017, in specified circumstances (section 84). If the Tribunal determines, on a balance of probabilities, that the conduct of a police officer or special constable constitutes professional misconduct, the Tribunal may make specified orders (section 87). In the case of an application respecting a police officer or a special constable who is a member of a police service, the chief of police of the applicable police service or other specified person is entitled to make submissions respecting the advisability of certain penalties under the Police Services Act, 2017, which the Tribunal would then be authorized to order (section 88).

Any party to the application may appeal a decision or order of the Tribunal in accordance with the requirements of section 90. In addition, if a chief of police or other specified person made submissions respecting penalty under section 88, the chief or other person may appeal a decision or order of the Tribunal in accordance with the requirements of section 91, but only on the question of penalty. In either case, the appeal lies to the Divisional Court, and no leave of that court is required. The Tribunal and the Complaints Director are entitled to make submissions on the appeal.

Sections 94 to 102 deal with other related matters. Section 94 provides that Part IV continues to apply to a police officer or special constable despite his or her retirement or resignation, other than a police officer appointed under the Interprovincial Policing Act, 2009. However, the Part continues to apply to a police officer appointed under the Interprovincial Policing Act, 2009 after any termination of his or her appointment under that Act (section 95).

Section 96 sets out the rules governing a matter that may be the subject of an investigation by the SIU Director under Part II of the Act. If the Complaints Director becomes aware that a complaint or investigation under this Part may constitute such a matter, he or she is required to notify the SIU Director and to take no further steps until the matter is fully dealt with by the SIU Director (as determined under subsection 96 (2)). The SIU Director may permit the Complaints Director to continue to deal with the matter, subject to any conditions or restrictions specified by the SIU Director (subsection 96 (5)).

Section 97 requires the Complaints Director to notify the Inspector General of Policing of a matter that may fall within the latter’s statutory mandate under the Police Services Act, 2017, if raised in a complaint or during an investigation under Part IV.

Section 100 sets out a duty for specified persons, including police officers and special constables, to comply with directions or requests of the Complaints Director or investigators with the Ontario Policing Complaints Agency. A failure to do so constitutes an offence. Section 101 sets out prohibitions relating to actions that may hinder a complaint or investigation under Part IV, and contravention constitutes an offence. The penalty on conviction in either case is a penalty of a fine of not more than $50,000, a term of imprisonment of not more than one year or both.

Part V (Regulations)

Part V of the Act sets out regulation-making authorities for both the Lieutenant Governor in Council and the Minister responsible for the administration of the Act.

Part VI (Amendment to this Act)

Part VI of the Act amends section 81 to limit the circumstances in which the Complaints Director may refer a matter to a chief of police for investigation.

Part VII (Repeal)

Part VII of the Act repeals the Ontario Special Investigations Unit Act, 2017, which is replaced by Part II of the Policing Oversight Act, 2017.

Part VIII (Commencement and Short Title)

Section 107 of the Act provides that it comes into force on a day to be named by proclamation of the Lieutenant Governor with the exception of the amendment to section 81 of the Act, which comes into force on the earlier of the fifth anniversary of the day subsection 81 (1) of the Act comes into force and a day to be named by proclamation of the Lieutenant Governor.

Schedule 3
Ontario Policing Discipline Tribunal Act, 2017

The Schedule enacts the Ontario Policing Discipline Tribunal Act, 2017. The Act continues the Ontario Civilian Police Commission as the Ontario Policing Discipline Tribunal, the primary function of which is to hear matters brought before it under the Policing Oversight Act, 2017 and the Police Services Act, 2017 with respect to possible professional misconduct or other misconduct of police officers and other policing officials (as specified in those Acts). Sections 1 to 7 deal with the composition of the Tribunal and other matters respecting the Tribunal, such as protection from personal liability (subsection 6 (1)). Sections 8 to 12 set out generally applicable procedural rules that apply in proceedings before the Tribunal; for the most part, proceedings before the Tribunal are subject to the Statutory Powers Procedure Act. Section 13 establishes a procedural rule-making authority for the Tribunal. Section 14 authorizes the Lieutenant Governor in Council to make regulations respecting any transitional matters that may arise as a result of the enactment of the new Act.

Schedule 4
Ontario Special Investigations Unit Act, 2017

The Schedule enacts the Ontario Special Investigations Unit Act, 2017. The Act continues the special investigations unit as the Ontario Special Investigations Unit. Part VII of the Police Services Act is consequently repealed (section 40). The Crown is bound by the Ontario Special Investigations Unit Act, 2017 (section 3).

Section 1 of the Act deals with interpretive matters, including definitions such as a definition of “serious injury”. Generally speaking, words and expressions used in the Act and in the regulations made under it that relate to policing and police matters have the same meanings as under the Police Services Act.

Sections 4 to 14 provide for the continuance of the special investigations unit as the Ontario Special Investigations Unit, headed by the Ontario Special Investigations Director (“SIU Director”). Sections 6 to 14 deal with the composition of the Ontario Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (section 13). Section 9 provides for and governs the collection, use and disclosure of personal information by the SIU Director for the purposes of conducting analyses and publishing reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario.

Most of the remainder of the Act deals with investigations. The SIU Director may initiate an investigation in two contexts. The first of these is with respect to an incident in which a person dies or is seriously injured, or in which a firearm is discharged at a person, if the incident may have resulted from the conduct of an official (subsection 15 (1)). The term “official” is defined as police officers, special constables, auxiliary members of a police force and any other person who may be prescribed by the regulations (subsection 1 (1)). This power to investigate applies even if the official is no longer serving in that position. It also applies to incidents that occurred in the past (with specified limitations as to officials other than police officers). Subsection 15 (2) sets out that the power to investigate under section 15 may apply to an official with respect to his or her conduct when off-duty, in specified circumstances. Under section 16, an official’s designated authority — a term defined in subsection 1 (1) in respect of different types of officials — must immediately notify the SIU Director of an incident that may be investigated under section 15. This applies even if the seriousness of a person’s injury cannot initially be determined. If given notice of an incident, the SIU Director must cause an investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under section 15. If, in the course of an investigation under section 15, the SIU Director determines that a person who is not an official who may be investigated under that section may also have been a cause of an incident to which that section applies, the SIU Director may extend the investigation to include that person (section 17). This would include an official who was off-duty at the time of the incident but who does not meet the criteria required to initiate an investigation under section 15.

The SIU Director may also initiate an investigation in another context (section 18). If, in the course of an investigation under section 15, the SIU Director becomes aware of a matter that is not something that can be investigated under that section but which may constitute a criminal offence or other specified offence committed by an official, the SIU director may cause the matter to be investigated. Alternatively, the SIU Director may instead refer the matter to a chief of police.

In either case, the SIU Director is the lead investigator in the investigation of any incident or matter under the Act (section 19).

Sections 20 to 30 set out the mechanics and other elements of the investigations themselves, including securing of the scene (section 21), incident notes and other notes of subject and witness officials (sections 22, 24 and 25), the designation of officials as “subject official” and “witness official” as defined in the Act (section 23), the segregation of officials and limits on their communication during an investigation (section 27), and confidentiality during an investigation (sections 29 and 30).

Section 32 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Ontario Special Investigations Unit. A failure to do so constitutes an offence, the penalty on conviction being a fine of not more than $50,000, a term of imprisonment of not more than one year, or both.

If the SIU Director determines, as a result of an investigation under the Act, that there are reasonable grounds to believe that a person has committed an offence under any federal or Ontario statute, the SIU Director shall cause charges to be laid against the person (section 33). Sections 34 to 36 address requirements for the SIU Director to give public notice of the results of investigations under the Act.  Investigations are subject to the timing and related notice requirements of section 37.

Section 39 sets out regulation-making authorities for both the Lieutenant Governor in Council and the Minister responsible for the administration of the Act.

The Act comes into force on a day to be named by proclamation of the Lieutenant Governor (section 42).

Schedule 5
Consequential Amendments

The Schedule amends various Acts to make consequential amendments reflecting the content of the Police Services Act, 2017 and the Policing Oversight Act, 2017.

Schedule 6
Coroners Act

The Schedule makes various amendments to the Coroners Act. Some of the more significant amendments are set out below.

The Schedule adds multiple definitions to the Act. The definition of “Minister” is updated from meaning the Solicitor General to meaning the Minister of Community Safety and Correctional Services. The terms “police force” and “First Nations Constable” are changed to “police service” and “First Nation Officer”, respectively, throughout the Act.

The Chief Coroner, rather than the Lieutenant Governor in Council, now appoints coroners. The Lieutenant Governor in Council may now appoint a legally qualified medical practitioner, rather than only a coroner, to be Chief Coroner, Deputy Chief Coroner or a regional coroner.

The Chief Coroner may now direct that a judge, a retired judge or a lawyer hold or continue an inquest if the Chief Coroner is of the opinion that the procedural or legal issues raised or likely to be raised by the inquest warrant it.

The Act now provides that the Chief Coroner may, pursuant to an agreement in writing, disclose personal information collected under the Act to entities prescribed by regulation for the purpose of research, data analysis or the compilation of statistical information related to the health or safety of the public. The rules respecting the collection, use and disclosure of this personal information are set out. Offences related to the unauthorized use and disclosure of this information are set out.

Schedule 7
missing persons act, 2017

The Schedule enacts the Missing Persons Act, 2017.

The Act establishes measures to assist members of a police force in locating a missing person in the absence of a criminal investigation. In particular, the Act allows officers to apply for an order for the production of records to assist in locating a missing person or a search warrant to facilitate a search for a missing person. An officer may also, in certain circumstances, make an urgent demand for the production of records to assist in locating a missing person in the absence of an order.

The Act establishes certain rules that apply to the disclosure of a missing person’s personal information both before and after the person is located. Chiefs of police are required to prepare annual reports respecting their police force’s use of urgent demands and containing other prescribed information.

The Act requires the Minister to conduct a review of the Act within five years.

Schedule 8
Forensic Laboratories Act, 2017

The Schedule enacts the Forensic Laboratories Act, 2017.

Section 2 of the Act imposes an accreditation requirement with respect to the carrying out of a laboratory test in a prescribed category that is requested for the purpose of legal proceedings, for some other legal purpose or pursuant to an order of a court or other lawful authority. The laboratory test may only be conducted if the laboratory is accredited, by an accrediting body prescribed by the regulations, to a prescribed general standard. For certain prescribed tests, the laboratory must also be accredited to a prescribed standard for that test.

Section 3 of the Act requires that a report about certain tests include the prescribed information in a prescribed form if the report is requested for the purpose of legal proceedings.

Section 4 of the Act provides that the Minister may make certain information about certain laboratories available to the public.

Section 5 of the Act provides that the Minister may establish an advisory committee.

The Act also provides for inspections and enforcement (see sections 6 to 8).

Bill 175                                                                                                                                                 2017

An Act to implement measures with respect to policing, coroners and forensic laboratories and to enact, amend or repeal certain other statutes and revoke a regulation

Contents

1.

Contents of this Act

2.

Commencement

3.

Short title

Schedule 1

Police Services Act, 2017

Schedule 2

Policing Oversight Act, 2017

Schedule 3

Ontario Policing Discipline Tribunal Act, 2017

Schedule 4

Ontario Special Investigations Unit Act, 2017

Schedule 5

Consequential Amendments

Schedule 6

Coroners Act

Schedule 7

Missing Persons Act, 2017

Schedule 8

Forensic Laboratories Act, 2017

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2)  The Schedules to this Act come into force as provided in each Schedule.

(3)  If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Safer Ontario Act, 2017.

 

SCHEDULE 1
Police Services Act, 2017

Contents

PART I
PRINCIPLES AND INTERPRETATION

1.

Declaration of principles

2.

Interpretation

PART II
MINISTER’S DUTIES AND POWERS

Duties

3.

Minister’s general duties

Information

4.

Information to Minister in accordance with regulations

5.

Personal information

6.

Disclosure for research purpose

7.

Information and Privacy Commissioner’s review of practices

8.

Offence

9.

Review of information provisions

PART III
PROVISION OF POLICING

Responsibility for Providing Policing

10.

Policing responsibility

11.

Adequate and effective policing

12.

Provision by prescribed policing providers

Use of Personnel

13.

Members of police service must provide certain functions

14.

Provision by authorized policing providers

15.

Use of personnel who are not peace officers

Special Areas

16.

Special areas, provision of policing by Commissioner

Additional Services and Extra Policing

17.

Additional services

18.

Extra policing cost

Temporary Assistance and Emergencies

19.

Request for temporary assistance

20.

Inspector General powers

21.

Emergencies

PART IV
MUNICIPAL POLICING AND POLICE SERVICE BOARDS

Methods of Providing Municipal Policing

22.

Methods of providing municipal policing

23.

Amalgamation of police services

24.

Agreement to jointly constitute municipal board

25.

Other municipal boards

26.

Agreements for provision of policing between municipalities

27.

Agreement with First Nation to provide policing

Municipal Diversity Plans

28.

Diversity plan

29.

Promotion by municipal council

30.

Dissolution of municipal board

Municipal Boards

31.

Municipal boards

First Nation Boards

32.

First Nation boards

Appointment of Police Service Board Members

33.

Appointment

34.

Members appointed by municipality

35.

Oath, training and conduct

36.

Election of chair

Police Service Board Duties and Powers

37.

Police service board duties

38.

Police service board policies

39.

Strategic plan

40.

Police service board directions

41.

Reporting and information sharing

Administration and Finances

42.

Delegation

43.

Meetings

44.

When meetings may be closed to public

45.

Evidence of by-laws

46.

Rules and procedures

47.

Liability

48.

Protection from personal liability

49.

Police service board may contract, sue and be sued

50.

Municipal board finances

51.

Funding review, First Nation board

52.

Aid to survivors of deceased member of municipal police service

Miscellaneous

53.

Termination to reduce size of police service

54.

Municipal fines

55.

Municipal by-law enforcement officers

PART V
ONTARIO PROVINCIAL POLICE

Commissioner

56.

Commissioner

57.

Commissioner’s duties

58.

Annual report

Minister

59.

Minister’s O.P.P. duties

60.

Minister’s policies

61.

Strategic plan

62.

Minister directions

Administration and Finances

63.

Liability

64.

Commissioner policing

65.

Minister may charge for Commissioner’s services

66.

Aid to survivors of deceased member of O.P.P.

O.P.P. Detachment Boards

67.

O.P.P. detachment board

68.

Role

69.

Local policies

70.

Local action plan

71.

Estimates, O.P.P. detachment boards

Ontario Provincial Police Governance Advisory Council

72.

Ontario Provincial Police Governance Advisory Council

73.

Functions of Advisory Council

74.

Meetings

75.

When meetings may be closed to public

Agreements with First Nations

76.

Agreements with First Nations to provide O.P.P. policing

77.

First Nation O.P.P. boards

78.

Duties and functions of First Nation O.P.P. board

PART VI
INSPECTOR GENERAL OF POLICING

Appointment and Duties

79.

Inspector General of Policing

80.

Annual report

Information

81.

Information to Inspector General in accordance with regulations

82.

Personal information

Complaints

83.

Board member complaints

84.

Policing complaints

85.

Complaints by Minister

86.

Interpretation, portion of a complaint

Inspections

87.

Inspectors

88.

Request for inspection by Minister

89.

Restrictions on inspections

90.

Inspection without order

91.

Inspection order

92.

Inspection powers

93.

Power to require response to inquiries

94.

Notice and reports

95.

Referral to other chief of police

96.

Identification

97.

Detention of things, documents or data

98.

Board member duties during and after investigation

Results of Inspection

99.

Results of inspection

100.

Code of conduct contravention

101.

Non-compliance with Act or regulations

102.

Failure to comply with Inspector General’s direction

103.

Administrators

104.

Emergency, interim measure

Offences

105.

Obstruction, etc.

PART VII
POLICE OFFICERS AND OTHER POLICING PERSONNEL

Chief of Police

106.

Duties of chief of police

107.

Power to disclose personal information

108.

SIU investigation of member of police service

Police Officers

109.

Duties of police officer

110.

Appointment of police officer

111.

Probationary period, police service board officer

112.

Oaths of office and secrecy

113.

Political activity

Members of Police Services

114.

Qualifications to hold position

115.

Accommodation of disability needs

116.

Restrictions on secondary activities

117.

Police cadets

118.

Auxiliary members of police service

Special Constables

119.

Special constables

120.

Amendment to certificate of appointment

121.

Suspension and termination of special constable appointment

122.

Special constable duties

123.

Notice if outside area of policing responsibility

Special Constable Employers

124.

Authorization

125.

Duties of special constable employer

126.

Suspension or termination of authorization to employ

Special Constables Holding Out as Police Officers

127.

Holding out as police officer

First Nation Officers

128.

First Nation Officers

PART VIII
RIGHT TO REPORT PROFESSIONAL MISCONDUCT

Application

129.

Disclosure despite conflict with other Acts

Disclosure Procedures

130.

Disclosure procedures

131.

Reporting of professional misconduct

Disclosure to the Inspector General

132.

Disclosure to Inspector General

133.

Initial assessment by Inspector General

134.

Referral by Inspector General

Protection from Reprisals

135.

No reprisals

136.

Complaint about reprisal

PART IX
DISCIPLINE AND DISMISSAL

Non-Application

137.

Non-application

138.

Agreements

Procedures

139.

Assessment and discipline procedures

Professional Misconduct

140.

Professional misconduct

141.

Inducing professional misconduct and withholding services

Mandatory Notice of Professional Misconduct

142.

Duty to provide notice to Complaints Director

Investigations

143.

Investigation by chief of police

Disciplinary Measures

144.

Suspension, forfeit of pay, reprimands, etc.

145.

Procedure and hearings

146.

Termination of employment or demotion

147.

Appeal to Divisional Court

Limitation on Investigations and Discipline

148.

Limitation on investigations, discipline

149.

Implementation of informal resolution agreement

Suspension

150.

Suspension with pay

151.

Suspension without pay

152.

Powers on suspension

Dismissal of Probationary Police Officers

153.

Termination of employment during probationary period

Miscellaneous

154.

Application of Statutory Powers Procedure Act

155.

Reports of chief of police

156.

Police officer not required to give evidence

Transition

157.

Transition

PART X
LABOUR RELATIONS

Definition and Application

158.

Definition, Part X

159.

Exclusions

Membership and Status

160.

Membership in trade union prohibited, exception

161.

Dispute re person’s status

Bargaining and Arbitration

162.

Separate bargaining, etc., separate categories

163.

Notice of desire to bargain

164.

Bargaining committee

165.

Appointment of conciliation officer

166.

Arbitration

167.

Dispute, appointment of conciliation officer

168.

Arbitration after conciliation fails

169.

Extension of time

170.

Restriction

171.

Non-application of Arbitration Act, 1991

172.

Agreements, decisions and awards binding

173.

Duration of agreements, decisions and awards

174.

Provision for expenditures

175.

Transition; continuation of proceedings

Ontario Police Arbitration Commission

176.

Composition of Arbitration Commission, etc.

PART XI
TRANSFER OF ASSETS BETWEEN PENSION PLANS

177.

Interpretation

178.

Agreement governing transfers

179.

Duty to file agreement

180.

Eligibility of police service employees

181.

Employee’s consent to transfer of assets

PART XII
COURT SECURITY

182.

Court security

183.

Powers of person providing court security

184.

Offences

185.

Powers not affected

186.

Privilege preserved

PART XIII
COMMUNITY SAFETY AND WELL-BEING PLANS

Preparation and Adoption

187.

Municipal community safety and well-being plan

188.

First Nation community safety and well-being plan

189.

Preparation of plan by municipal council

190.

Content of community safety and well-being plan

191.

Publication of community safety and well-being plan

192.

Implementation of community safety and well-being plan

Reporting and Revision

193.

Monitoring, evaluating and reporting

194.

Revision by municipality

Miscellaneous

195.

Information to Minister

196.

Community safety and well-being planner

PART XIV
REGULATIONS AND MISCELLANEOUS

197.

Property in possession of police service

198.

Money

199.

Firearms

200.

Regulations

201.

Crown bound

PART XV
AMENDMENT AND REPEAL

202.

Amendment to Police Services Act

203.

Repeal of Police Services Act

PART XVI
COMMENCEMENT AND SHORT TITLE

204.

Commencement

205.

Short title

 

PART I
Principles and Interpretation

Declaration of principles

1 Policing shall be provided throughout Ontario in accordance with the following principles:

    1.  The need to ensure the safety and security of all persons and property in Ontario, including on First Nation territories.

    2.  The importance of safeguarding the fundamental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.

    3.  The need for co-operation between policing providers and the communities they serve.

    4.  The importance of respect for victims of crime and understanding of their needs.

    5.  The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.

    6.  The need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities.

    7.  The need to ensure that police services and police service boards are representative of the communities they serve.

    8.  The need to ensure that all parts of Ontario, including First Nation territories, receive equitable levels of policing.

Interpretation

2 (1)  In this Act,

“adequate and effective policing” has the meaning set out in subsection 11 (1); (“services policiers convenables et efficaces”)

“Advisory Council” means the Ontario Provincial Police Governance Advisory Council established under subsection 72 (1); (“Conseil consultatif”)

“Arbitration Commission” means the Ontario Police Arbitration Commission continued by subsection 176 (1); (“Commission d’arbitrage”)

“authorized policing provider” means a police service board, the Commissioner or a prescribed entity that has a written agreement under section 14 to provide a policing function in an area; (“prestataire de services policiers autorisé”)

“auxiliary member” means a member of a police service appointed under section 118; (“membre auxiliaire”)

“band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“chief of police” means a chief of police of a police service maintained by a police service board or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”)

“Commissioner” means the Commissioner of the Ontario Provincial Police appointed under subsection 56 (1), and includes an acting Commissioner; (“commissaire”)

“community safety and well-being plan” means a community safety and well-being plan described in section 190; (“plan de sécurité et de bien-être communautaires”)

“Complaints Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act, 2017; (“directeur des plaintes”)

“de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“First Nation board” means a board constituted under section 32; (“commission de Première Nation”)

“First Nation Officer” means a person appointed under section 128 as a First Nation Officer; (“agent de Première Nation”)

“First Nation O.P.P. board” means a board constituted under section 77; (“conseil de Première Nation sur la Police provinciale”)

“First Nation territory” means a reserve as defined in the Indian Act (Canada); (“territoire de Première Nation”)

“Inspector General” means the Inspector General of Policing appointed under subsection 79 (1); (“inspecteur général”)

“local commander” means a chief of police of a police service or a commander of a detachment, or his or her designate; (“commandant local”)

“member of a police service” means,

  (a)  a member of the Ontario Provincial Police,

  (b)  a chief of police of any other police service,

   (c)  an employee of a police service board who is under the direction of a chief of police,

  (d)  an auxiliary member of a police service, or

  (e)  a person appointed as a police officer under the Interprovincial Policing Act, 2009; (“membre d’un service de police”)

“member of the Ontario Provincial Police” means,

  (a)  the Commissioner,

  (b)  a person employed under Part III of the Public Service of Ontario Act, 2006 who is under the direction of the Commissioner, or

   (c)  an auxiliary member of the Ontario Provincial Police; (“membre de la Police provinciale de l’Ontario”)

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“municipal board” means a board constituted by a municipal council or councils under section 22, 23, 24 or 25; (“commission municipale”)

“O.P.P. detachment board” means a board referred to in section 67; (“conseil de détachement de la Police provinciale”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“police association” means an association, other than a trade union, whose members belong to one police service and whose objects include the improvement of their working conditions and remuneration; (“association de policiers”)

“police officer” means a member of a police service who is appointed as a police officer or a person who is appointed as a police officer under the Interprovincial Policing Act, 2009 and, for greater certainty, does not include a special constable, a First Nation Officer, a municipal by-law enforcement officer, a police cadet or an auxiliary member of a police service; (“agent de police”)

“police record check” means a search to be conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual; (“vérification de dossier de police”)

“police service” means the Ontario Provincial Police or a police service maintained by a police service board; (“service de police”)

“police service board” means,

  (a)  a municipal board, or

  (b)  a First Nation board; (“commission de service de police”)

“policing function” means a function listed in subsection 11 (1) or a part of one of those functions; (“fonction policière”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“prescribed policing provider” means an entity that has been prescribed to provide a policing function in an area in accordance with section 12; (“prestataire de services policiers prescrit”)

“professional misconduct” means professional misconduct as set out in section 140; (“faute professionnelle”)

“regulations” means the regulations made under this Act; (“règlements”)

“research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”)

“research ethics board” means a board of persons that is established for the purpose of approving research plans under section 6 and that meets the prescribed requirements; (“commission d’éthique de la recherche”)

“SIU Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act, 2017; (“directeur de l’UES”)

“special constable” means a person appointed as a special constable under section 119; (“agent spécial”)

“special constable employer” means a person authorized to employ special constables under section 124; (“employeur d’agents spéciaux”)

“spouse” means,

  (a)  a spouse as defined in section 1 of the Family Law Act, or

  (b)  either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”)

“trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”)

“Tribunal” means the Ontario Policing Discipline Tribunal; (“Tribunal”)

“workplace misconduct” means conduct of a police officer or special constable that is contrary to the officer’s or constable’s terms and conditions of employment or contrary to commonly accepted workplace standards; (“inconduite au travail”)

“youth crime” means offences, within the meaning of the Youth Criminal Justice Act (Canada), committed by a person while they were a young person within the meaning of that Act. (“délinquance juvénile”)

Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a specific police service

(2)  For the purposes of sections 116 and 197 to 199 of this Act, section 25.1 of the Criminal Code (Canada) and any designation of a police force made by the Minister under section 2 of the Controlled Drugs and Substances Act (Police Enforcement) Regulations (Canada), a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be,

  (a)  a member of the Ontario Provincial Police;

  (b)  if he or she was appointed by a member of a police service maintained by a police service board, a member of that police service; or

   (c)  if he or she was appointed by a member of a police service board, a member of the police service maintained by the police service board.

Meaning of municipality

(3)  For the purpose of every provision of this Act and the regulations, other than sections 25 and 55,

“municipality” means,

  (a)  a single-tier municipality;

  (b)  a lower-tier municipality in a county or in the County of Oxford;

   (c)  a regional municipality, other than the County of Oxford; or

  (d)  any other municipality that has constituted a municipal board under subsection 25 (2).

County of Oxford agreement

(4)  Despite subsection (3), the councils of the County of Oxford and of all the lower-tier municipalities within the County of Oxford may agree to have the County of Oxford and not its lower-tier municipalities be considered a municipality for the purpose of every provision of this Act and the regulations other than sections 25 and 55, but, having made such an agreement, the councils cannot subsequently revoke it.

Hearing not required unless referred to

(5)  Nothing in this Act, other than the provisions of Part IX that specifically refer to a hearing, shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act.

PART II
Minister’s duties and Powers

Duties

Minister’s general duties

3 (1)  The Minister shall,

  (a)  assist in the co-ordination of policing;

  (b)  conduct activities, including research and analysis, to assist in the co-ordination of policing with the activities of prosecutors and other justice sector service providers;

   (c)  consult with and advise police service boards, chiefs of police, special constable employers, prescribed policing providers, authorized policing providers, municipalities, First Nations, entities that employ First Nation Officers, O.P.P. detachment boards, First Nation O.P.P. boards and police associations in respect of policing, the administration of police services and related matters, including,

           (i)  the effectiveness, efficiency, sustainability and legitimacy of different methods of providing policing, and,

          (ii)  compliance with the Canadian Charter of Rights and Freedoms and the Human Rights Code;

  (d)  conduct research and analysis in respect of the matters described in clause (c);

  (e)  consult with and advise police service boards, chiefs of police, municipalities and First Nations regarding the preparation, adoption and implementation of community safety and well-being plans;

   (f)  conduct research and analysis to inform policy and program development, system planning and the evaluation of service delivery and outcomes in respect of policing and related matters;

  (g)  develop, maintain and manage records related to the appointment, education, training, suspension and discipline of police officers and special constables;

  (h)  develop and promote programs for community-responsive policing;

    (i)  monitor and evaluate programs, including their outcomes, that are related to policing or community safety and well-being plans and that are funded in whole or in part by the Ministry;

    (j)  develop, promote and provide education and training to,

           (i)  enhance the professional provision of policing, and

          (ii)  assist members of police service boards, O.P.P. detachment boards, First Nation O.P.P. boards and the Advisory Council in performing their duties;

   (k)  develop and maintain education and training standards for use in the education and training of policing providers and other persons governed by this Act;

    (l)  operate the Ontario Police College; and

(m)  perform such other duties as are assigned to him or her by or under this Act.

Ontario Police College continued

(2)  The police college known as the Ontario Police College in English and the Collège de police de l’Ontario in French is continued for the provision of training with respect to policing.

Information

Information to Minister in accordance with regulations

4 (1)  Police service boards, chiefs of police, special constable employers, prescribed policing providers and administrators appointed under section 102 shall provide the Minister with prescribed information related to the discharge of the Minister’s duties under subsection 3 (1) at the frequency and in the manner set out in the regulations.

Information to Minister on request

(2)  Police service boards, chiefs of police, special constable employers, prescribed policing providers and administrators appointed under section 102 shall provide the Minister with such information as he or she may request from time to time.

Time to comply

(3)  The information requested under subsection (2) shall be provided in the form and manner and within the time specified in the Minister’s request.

Chief of police may decline

(4)  A chief of police may decline to provide information under this section if authorized to do so by the regulations.

Personal information

5 (1)  The Minister may collect personal information under subsection 4 (1), directly or indirectly, only if the collection is necessary for the purpose of discharging the Minister’s duties under clause 3 (1) (b), (d), (f), (g) or (i).

Other information serves purpose

(2)  The Minister shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use.

Personal information limited to what is reasonably necessary

(3)  The Minister shall not collect or use more personal information under subsection (1) than is reasonably necessary to meet the purpose of the collection or use.

Accuracy

(4)  Before using personal information collected under subsection (1), the Minister shall take reasonable steps to ensure that the information is as accurate as is necessary for the purpose of the use.

Practices and procedures

(5)  The Minister may only collect personal information under subsection (1), if,

  (a)  not more than one unit of the Ministry is prescribed under paragraph 7 of subsection 200 (1) to collect and use personal information under subsection (1) on the Minister’s behalf; and

  (b)  the prescribed unit of the Ministry has put in place practices and procedures,

           (i)  to protect the privacy of the individuals whose personal information the Minister collects, and to maintain the confidentiality of the information, and

          (ii)  that are approved by the Information and Privacy Commissioner.

De-identification

(6)  Where personal information has been collected by the Minister under subsection (1), the prescribed unit of the Ministry shall, subject to the additional requirements, if any, that are prescribed, and in accordance with the practices and procedures approved by the Information and Privacy Commissioner under subclause (5) (b) (ii),

  (a)  create a record containing the minimal amount of personal information necessary for the purpose of de-identifying the information and linking it to other information in the custody or control of the Minister; and

  (b)  de-identify the personal information.

No other uses and disclosures permitted

(7)  Despite any other provision in this Act or the Freedom of Information and Protection of Privacy Act, personal information collected under subsection (1) shall not be used or disclosed except as authorized by this section or section 6 or as required by law.

Limitation on application

(8)  Subsections (5), (6) and (7) do not apply with respect to personal information collected under subsection (1) for the purpose of discharging the Minister’s duties under clause 3 (1) (g).

Link

(9)  The prescribed unit of the Ministry may link the personal information that has been de-identified under subsection (6) to other de-identified personal information under the custody and control of the Minister.

Security

(10)  The Minister shall take reasonable measures to secure the personal information collected under subsection (1).

Notice required by s. 39 (2) of FIPPA

(11)  If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by,

  (a)  a public notice posted on a Government of Ontario website; or

  (b)  any other method that may be prescribed.

Rights of access and correction

(12)  Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.

Disclosure for research purpose

6 (1)  This section applies with respect to the disclosure for a research purpose of personal information collected by the Minister under section 5.

Circumstances for disclosing personal information

(2)  The Minister may disclose collected personal information to a researcher for a research purpose if the researcher,

  (a)  submits to the Minister,

           (i)  an application in writing,

          (ii)  a research plan that meets the requirements of subsection (3), and

         (iii)  a copy of the decision of a research ethics board that approves the research plan; and

  (b)  enters into an agreement with the Minister that complies with the prescribed requirements.

Research plan

(3)  A research plan must be in writing and must set out,

  (a)  the affiliation of each person involved in the research;

  (b)  the nature and objectives of the research and the public or scientific benefit of the research that the researcher anticipates; and

   (c)  any other prescribed matters related to the research.

Consideration by board

(4)  When deciding whether to approve a research plan that a researcher submits to it, a research ethics board shall consider the matters that it considers relevant, including,

  (a)  whether the objectives of the research can reasonably be accomplished without using the personal information that is to be disclosed;

  (b)  whether, at the time the research is conducted, adequate safeguards will be in place to protect the privacy of the individuals whose personal information is being disclosed and to preserve the confidentiality of the information;

   (c)  the public interest in conducting the research and the public interest in protecting the privacy of the individuals whose personal information is being disclosed; and

  (d)  whether obtaining the consent of the individuals whose personal information is being disclosed would be impractical.

Decision of board

(5)  After reviewing a research plan that a researcher has submitted to it, the research ethics board shall provide to the researcher a decision in writing, with reasons, setting out whether the board approves the plan, and whether the approval is subject to any conditions, which must be specified in the decision.

Requirements on researcher

(6)  A researcher who receives personal information about an individual under this section shall,

  (a)  comply with the conditions, if any, specified by the research ethics board under subsection (5);

  (b)  use the information only for the purposes set out in the research plan as approved by the research ethics board;

   (c)  not publish the information in a form that could reasonably enable a person to ascertain the identity of the individual;

  (d)  not disclose the information except as required by law and subject to the exceptions and additional requirements, if any, that are prescribed;

  (e)  not make contact or attempt to make contact with the individual, directly or indirectly, unless the Minister first obtains the individual’s consent to being contacted;

   (f)  notify the Minister immediately in writing if the researcher becomes aware of any breach of this subsection or the agreement described in clause (2) (b);

  (g)  comply with the agreement described in clause (2) (b); and

  (h)  comply with the prescribed requirements.

Information and Privacy Commissioner’s review of practices

7 (1)  The Information and Privacy Commissioner,

  (a)  may, from time to time, review the practices of the Minister to determine if the requirements of sections 5 and 6 have been met; and

  (b)  shall review the practices and procedures referred to in clause 5 (5) (b) every three years after they are first approved under subclause 5 (5) (b) (ii) and, after the review, the Commissioner may renew the approval.

Duty to assist

(2)  The Minister shall co-operate with and assist the Information and Privacy Commissioner in the conduct of a review under subsection (1).

Powers of Information and Privacy Commissioner

(3)  The Information and Privacy Commissioner may require the production of such information and records under the custody or control of the Minister as are relevant to the subject matter of the review.

Obligation to assist

(4)  If the Information and Privacy Commissioner requires production of information or a record under subsection (3), the Minister shall provide it to the Information and Privacy Commissioner and, at the request of the Information and Privacy Commissioner, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form.

Orders

(5)  If, after giving the Minister an opportunity to be heard, the Information and Privacy Commissioner determines that a practice contravenes section 5 or 6 the Information and Privacy Commissioner may order the Minister to do any of the following:

    1.  Discontinue the practice.

    2.  Change the practice as specified by the Information and Privacy Commissioner.

    3.  Destroy personal information collected or retained under the practice.

    4.  Implement a new practice as specified by the Information and Privacy Commissioner.

Limit on certain orders

(6)  The Information and Privacy Commissioner may order, under paragraph 2 or 4 of subsection (5), no more than what is reasonably necessary to achieve compliance with sections 5 and 6.

Offence

8 (1)  The Minister, a person employed in the Ministry or a person acting under the authority of the Minister shall not wilfully use or disclose personal information in contravention of subsection 5 (7).

Penalty

(2)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000.

Review of information provisions

9 (1)  The Minister shall ensure that a review of sections 5 to 8 and any regulations relating to those sections is commenced within two years after the day subsection 5 (1) comes into force.

Consultation with Information and Privacy Commissioner

(2)  The person conducting the review shall consult with the Information and Privacy Commissioner.

Report

(3)  The person conducting the review shall provide the Minister with a report on the review and the Minister shall publish the report.

PART III
Provision of Policing

Responsibility for Providing Policing

Policing responsibility

10 (1)  The police service boards and the Commissioner shall provide adequate and effective policing in the area for which they have policing responsibility in accordance with the needs of the population in the area and having regard for the diversity of the population in the area.

Municipal board policing responsibility

(2)  The area for which a municipal board has policing responsibility shall be determined in accordance with Part IV.

First Nation board policing responsibility

(3)  The area for which a First Nation board has policing responsibility shall be specified in the regulation made under section 32 constituting the board.

Commissioner policing responsibility

(4)  The Commissioner has policing responsibility for every area of Ontario that is outside the areas for which the police service boards have policing responsibility.

First Nation territory in area of policing responsibility

(5)  For greater certainty, a municipal board, or the Commissioner, shall provide adequate and effective policing in accordance with subsection (1) in any First Nation territory in the area for which the board or the Commissioner has policing responsibility.

Waterways

(6)  A police service board, or the Commissioner, shall provide policing in respect of all navigable bodies and courses of water in the area for which the board or the Commissioner has policing responsibility.

Transition

(7)  Despite subsections (2) and (5), the Commissioner shall continue to have policing responsibility for a First Nation territory that would otherwise be within a municipal board’s area of policing responsibility if,

  (a)  the Commissioner provided policing to the First Nation under the Police Services Act immediately before the day this section came into force; and

  (b)  no agreement has been made under section 27 to assign policing responsibility for the territory to a municipal board.

Adequate and effective policing

11 (1)  Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code:

    1.  Crime prevention.

    2.  Law enforcement.

    3.  Maintaining the public peace.

    4.  Emergency response.

    5.  Assistance to victims of crime.

    6.  Any other prescribed policing functions.

Does not include enforcement of by-laws

(2)  Adequate and effective policing does not include the enforcement of municipal or First Nation by-laws.

Exceeding standards

(3)  For greater certainty, a police service board or the Commissioner may provide policing or other services that exceed the standards for adequate and effective policing, including providing enforcement of by-laws.

Provision by First Nation Officers

(4)  If First Nation Officers provide a policing function under an agreement between the Minister and a First Nation in an area for which a police service board or the Commissioner has policing responsibility, the police service board or the Commissioner is not responsible for providing that function to the extent that it is provided by the First Nation Officers.

Provision by prescribed policing providers

12 The following rules apply if the regulations provide that a prescribed policing provider shall provide a policing function in an area:

    1.  The prescribed policing provider shall provide the policing function in the area in accordance with the standards for adequate and effective policing.

    2.  The police service board, or the Commissioner, that has policing responsibility for the area,

            i.  is not responsible for providing the policing function in the area,

           ii.  shall not provide the policing function in the area if the regulations so provide, and

          iii.  shall cooperate with the prescribed policing provider to enable it to perform the policing function in the area in accordance with the standards for adequate and effective policing.

Use of Personnel

Members of police service must provide certain functions

13 (1)  A police service board must use members of the police service maintained by the police service board, or persons acting under the direction of those members, to provide policing functions, unless the regulations provide otherwise.

Same

(2)  The Commissioner must use members of the Ontario Provincial Police, or persons acting under the direction of those members, to provide policing functions, unless the regulations provide otherwise.

Provision by authorized policing providers

14 (1)  Subject to subsections (2) and (3), if the regulations provide that a policing function does not have to be provided by members of a police service or persons acting under the direction of those members, a police service board, or the Commissioner, may enter into a written agreement with another police service board, the Commissioner or a prescribed entity to have them provide the policing function in an area for which the board or the Commissioner has policing responsibility.

Provision by First Nation Officers

(2)  Despite section 13, an agreement under subsection (1) to have First Nation Officers provide a policing function in an area may be made even if the regulations provide that the policing function must be provided by members of a police service or persons acting under the direction of those members.

Restriction

(3)  An agreement under subsection (1) shall not be made with a prescribed policing provider who is a for-profit entity unless the entity is to provide one of the following policing functions:

    1.  Crime prevention.

    2.  An investigative support related to law enforcement, including, without limiting the generality of the foregoing,

            i.  crime scene analysis,

           ii.  forensic identification,

          iii.  canine tracking and searches,

          iv.  technical collision investigation and reconstruction,

           v.  breath analysis,

          vi.  physical surveillance,

         vii.  interception of private communications, within the meaning of Part VI of the Criminal Code (Canada),

        viii.  video and photographic surveillance, and

          ix.  polygraph and behavioural science.

    3.  Explosives disposal in relation to emergency response.

    4.  Assistance to victims of crime.

Definition of for-profit entity

(4)  In subsection (3),

“for-profit entity” means a corporation incorporated under the Business Corporations Act or the Canada Business Corporations Act or any other prescribed entity.

Minister’s approval required

(5)  The Commissioner requires the Minister’s approval to enter into an agreement under subsection (1).

Contents of an agreement

(6)  An agreement under subsection (1) must,

  (a)  identify the policing functions that will be provided by the entity;

  (b)  specify whether payment is required for the performance of the policing functions;

   (c)  require the entity to provide information to the police service board or the Commissioner so that the board or the Commissioner will be able to fulfil their legal duties to provide reports under this or any other Act;

  (d)  contain an acknowledgment by the entity that it is subject to inspection by the Inspector General; and

  (e)  address any other prescribed matter.

Copy to Inspector General

(7)  The police service board or the Commissioner shall provide a copy of every agreement made under subsection (1) to the Inspector General.

Responsibility for ensuring standards met

(8)  The police service board or the Commissioner, as applicable, shall ensure that the policing provided pursuant to an agreement made under subsection (1) meets the standards for adequate and effective policing.

Use of personnel who are not peace officers

15 (1)  A police service board, the Commissioner, a prescribed policing provider or an authorized policing provider may provide a policing function using people who are not peace officers unless,

  (a)  the policing function requires the exercise of a legislative or common law power of a peace officer or police officer;

  (b)  the regulations prohibit the provision of the policing function by persons who are not peace officers; or

   (c)  the regulations prohibit the provision of the policing function by persons who are not police officers.

Personnel to meet prescribed qualifications

(2)  The police service board, the Commissioner, and every prescribed policing provider shall ensure that any people used to provide a policing function meet the prescribed qualifications, if any.

Special Areas

Special areas, provision of policing by Commissioner

16 (1)  If, because of the establishment of a business or for any other reason, special circumstances or abnormal conditions in an area make it inequitable, in the Minister’s opinion, to impose the responsibility for policing on a police service board or the Commissioner, the Lieutenant Governor in Council may make regulations designating the area as a special area.

Agreement for provision of policing

(2)  The person who operates the business or owns the special area shall enter into a written agreement with a police service board or with the Minister for the provision of adequate and effective policing in the special area.

Failure to enter into agreement

(3)  If the person who operates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Commissioner or police service board that has policing responsibility for the area shall provide adequate and effective policing in the area and charge the policing costs to the person.

Recovery of costs

(4)  Subsections 19 (8) to (11) apply with necessary modifications to the charges referred to in subsection (3) of this section.

Additional Services and Extra Policing

Additional services

17 (1)  A police service board may enter into a written agreement with a municipal council or with any other person to provide policing that is not required as a component of adequate and effective policing, or to provide other specified services, in the area.

Same

(2)  The Minister may enter into a written agreement with a municipal council or with any other person to have the Commissioner provide policing that is not required as a component of adequate and effective policing, or to provide other specified services, in the area.

Extra policing cost

18 (1)  A person who causes a temporary increase in the cost of providing adequate and effective policing in an area by organizing an event, such as a parade or festival, engaging in an activity that involves the closure of a highway, engaging in a commercial enterprise or engaging in any other prescribed activity, may be charged for the cost of that temporary increase by,

  (a)  a police service board, if its police service provided the policing; or

  (b)  the Minister, if the Commissioner provided the policing.

Agreement

(2)  The police service board or the Minister may enter into an agreement with the person referred to in subsection (1) to recover the increase in the cost of providing adequate and effective policing.

No agreement as to cost

(3)  If no agreement has been entered into with respect to the cost of the services provided, subsections 19 (8) to (11) apply with necessary modifications to the recovery of the increase in the cost of providing adequate and effective policing.

Temporary Assistance and Emergencies

Request for temporary assistance

19 (1)  A police service board may, by resolution, request temporary assistance in providing adequate and effective policing from another police service board, the Commissioner or an entity that employs First Nation Officers.

Same, Commissioner

(2)  The Commissioner may request temporary assistance in providing adequate and effective policing from a police service board or an entity that employs First Nation Officers.

Temporary assistance notice

(3)  If a police service board or the Commissioner makes a request for temporary assistance under this section,

  (a)  he, she or it shall provide notice of the request as soon as possible to the Inspector General and, in the case of a request by the Commissioner, to the Minister; and

  (b)  the police service board, the Commissioner or the entity that employs First Nation Officers who agrees to provide temporary assistance shall provide notice of that agreement as soon as possible to the Inspector General and, in the case of a request by the Commissioner, to the Minister.

Request of chief of police in emergency

(4)  A chief of police may request that the Commissioner, another chief of police or an entity that employs First Nation Officers provide emergency assistance with policing if the chief of police is of the opinion that an emergency exists in the area for which the police service board has policing responsibility or, in the case of the Commissioner, the area for which he or she has policing responsibility.

Emergency assistance notice

(5)  If a chief of police makes a request under subsection (4),

  (a)  he or she shall provide notice of the request as soon as possible to the Inspector General and, in the case of a request by the Commissioner, to the Minister; and

  (b)  the Commissioner, other chief of police or entity that employs First Nation Officers who agrees to provide emergency assistance shall notify the Inspector General of the agreement as soon as possible.

Rules

(6)  The following rules apply to requests for temporary or emergency assistance made under this section:

    1.  If the request is made to the Commissioner, he or she shall provide such temporary or emergency assistance as he or she considers necessary and shall stop providing the assistance when he or she considers it appropriate to do so.

    2.  If the request is made to a police service board, a chief of police other than the Commissioner or an entity that employs First Nation Officers, the board, chief or entity may,

            i.  decline to provide the assistance, or

           ii.  provide such temporary or emergency assistance as he, she or it considers necessary and stop providing the assistance when he, she or it considers it appropriate to do so.

May include policing functions

(7)  Despite section 13, temporary or emergency assistance provided under this section may include the provision of policing functions.

Cost, police service board or entity

(8)  If no agreement has been entered into with respect to the cost of the temporary or emergency assistance provided under this section, the police service board, or entity that employs First Nation Officers, that provided the assistance shall certify the cost of the assistance provided, and the cost shall be paid by the requesting police service board or, in the case of a request by the Commissioner, by the Minister.

Same

(9)  An amount owed to a police service board or to an entity that employs First Nation Officers for providing temporary or emergency assistance under this section, if not collected by other means, may be recovered by a court action as a debt due to the police service board or entity, respectively.

Dispute

(10)  A debtor may dispute the amount claimed in a court action commenced under subsection (9), and the court shall determine the issue and make such order as it considers appropriate in the circumstances.

Cost, Commissioner

(11)  Section 65 applies to the cost of temporary or emergency assistance provided by the Commissioner.

Cost, chief of police request

(12)  Subsections (8) to (11) apply to a request by a chief of police, other than the Commissioner, for emergency assistance under subsection (5) as if the request was made by the chief’s police service board.

Inspector General powers

20 (1)  The Inspector General may make an order requiring a police service board or the Commissioner to provide policing in an area if he or she finds that adequate and effective policing is not being provided in the area or that an emergency exists in the area.

Rules

(2)  The following rules apply to orders made under subsection (1):

    1.  If the order is made to the Commissioner, he or she shall provide policing in the area until the Inspector General determines otherwise.

    2.  If the order is made to a police service board, the board may,

            i.  decline to provide the policing, or

           ii.  provide policing in the area as it considers necessary and stop providing the policing when it considers it appropriate to do so.

Cost

(3)  If a police service board, or the Commissioner, is ordered by the Inspector General to provide policing in an area under this section, the cost of the policing may be charged to the police service board, or the Commissioner, that failed to provide the policing, and subsections 19 (8) to (11) apply with necessary modifications to the recovery of the cost of the policing.

Emergencies

21 (1)  In an emergency, the Minister may make an agreement with the Crown in right of Canada, or of another province, or with any of its agencies for the provision of policing.

Authority to act as police officers

(2)  The agreement authorizes all peace officers to whom it relates to act as police officers in the area to which the agreement relates.

Application

(3)  For the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the relationship between a member of a police service and the body that employs him or her continues as if an agreement had not been made under this section.

Expense of calling out Canadian Forces

(4)  If the services of the Canadian Forces are provided under this section, the municipality in whose territory the services are required shall pay all the related expenses.

Resignation during emergency prohibited

(5)  Subject to section 33 of the National Defence Act (Canada), while an agreement made under this section is in force, no member of a police service that has policing responsibility for the area to which the agreement relates shall resign without the consent of the chief of police.

PART IV
Municipal Policing and Police Service Boards

Methods of Providing Municipal Policing

Methods of providing municipal policing

22 (1)  Subject to subsection (2), every municipal council may, with the approval of the Minister, do one of the following:

    1.  Constitute a municipal board to have policing responsibility for the municipality.

    2.  Enter into a written agreement under section 23 with one or more other municipal councils to amalgamate their police services and jointly constitute a municipal board to have policing responsibility for the municipalities.

    3.  Enter into a written agreement under section 24 with one or more other municipal councils to jointly constitute a municipal board to have policing responsibility for the municipalities.

    4.  Enter into a written agreement under section 26 with another municipal council to have that municipal council’s board assume policing responsibility for the municipality.

    5.  Enter into a written agreement with a First Nation board to have the board assume policing responsibility for the municipality by requesting an amendment to the regulation that constituted the board under section 32.

Same — different methods in one municipality

(2)  In the circumstances listed in subsection (3) and with the Minister’s approval, the municipal council may allow policing to be provided in more than one way in different areas of the municipality by doing either or both of the following:

    1.  Providing policing in different ways in different areas by doing more than one of the actions listed in subsection (1).

    2.  Entering into an agreement with the Minister to have the Commissioner assume policing responsibility for the area.

Circumstances

(3)  Subsection (2) applies if,

  (a)  the municipality consists of two or more widely dispersed communities or contains, within its boundaries, one or more communities that are remote from the rest of the municipality, and the policing responsibility will be split among those communities; or

  (b)  policing has historically been provided to one or more discrete areas of the municipality in a manner that is different from the manner policing is provided in the rest of the municipality, and the split will continue that historic difference.

Only one municipal board to be constituted

(4)  Subsection (2) does not permit a municipal council to constitute or jointly constitute more than one municipal board.

Criteria for Minister’s approval

(5)  The Minister may approve an arrangement to provide policing under subsection (1) or (2) if the Minister is satisfied that,

  (a)  the arrangement will result in the provision of adequate and effective policing in the municipality for the foreseeable future; and

  (b)  any prescribed requirements are satisfied.

Maintaining police service

(6)  Every municipal board shall maintain a police service and, for greater certainty, shall not maintain more than one police service.

Subject to other boards and agreements

(7)  The area for which a municipal board has policing responsibility is subject to the areas of policing responsibility of First Nation boards and to agreements made under section 27 or 76.

Transition

(8)  Despite subsection (1), any police service board that provided policing immediately before the day subsection (1) came into force,

  (a)  continues to exist, even without the Minister’s approval; and

  (b)  does not require the approval of the Minister to continue providing policing in substantially the same manner as it provided it immediately before the day subsection (1) came into force.

Same

(9)  Despite subsection (2), if policing was provided in different manners in discrete areas of the municipality in accordance with the Police Services Act immediately before the day subsection (2) came into force, policing may continue to be provided in those manners without the Minister’s approval.

Amalgamation of police services

23 (1)  The councils of two or more municipalities that have municipal boards may enter into a written agreement to amalgamate their police services and jointly constitute a new municipal board.

Authorization required

(2)  The agreement must be authorized by by-laws of the councils of the participating municipalities and requires the approval of the Minister.

Contents of amalgamation agreement

(3)  The agreement must specify,

  (a)  the composition of the police service board, including,

           (i)  whether the board will be composed of five, seven or nine members,

          (ii)  which municipal council shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (a) or (6) (a), and

         (iii)  which municipal council shall appoint the members of the board under clause 31 (4) (b), (5) (b) or (6) (b) or how those appointments shall be allocated among the councils;

  (b)  the amalgamation of the police services and the appointment or transfer of their members;

   (c)  the municipal board’s use of the assets and its responsibility for the liabilities associated with the amalgamated police services;

  (d)  the responsibilities of the different municipalities in relation to the estimates of the police service board and the establishing of the budget for the board;

  (e)  how the municipal councils will jointly discharge the duties of a municipal council with respect to the municipal board; and

   (f)  any other matter that is necessary or advisable to effect the amalgamation.

Exception, appointments

(4)  Appointments to a municipal board for an amalgamated police service may be made before the agreement takes effect.

Application of other requirements

(5)  Subject to the regulations, the provisions of this Act that apply to municipal boards apply, with necessary modifications, to joint municipal boards constituted under this section.

Agreement to jointly constitute municipal board

24 (1)  The councils of two or more municipalities may enter into a written agreement to jointly constitute a municipal board.

Authorization required

(2)  The agreement must be authorized by by-laws of the councils of the participating municipalities and requires the approval of the Minister.

Required contents

(3)  The agreement must specify,

  (a)  the composition of the police service board, including,

           (i)  whether the board will be composed of five, seven or nine members,

          (ii)  which municipal council shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (a) or (6) (a), and

         (iii)  which municipal council shall appoint the members of the board under clause 31 (4) (b), (5) (b) or (6) (b) or how those appointments shall be allocated among the councils;

  (b)  the responsibilities of the different municipalities in relation to the estimates of the police service board and the establishing of the budget for the board;

   (c)  how the municipal councils will jointly discharge the duties of a municipal council with respect to the municipal board; and

  (d)  any other matter that is necessary or advisable to effect the constitution of the police service board.

Application of other requirements

(4)  Subject to the regulations, the provisions of this Act that apply to municipal boards apply, with necessary modifications, to joint municipal boards constituted under this section.

Other municipal boards

Application

25 (1)  This section applies to any municipality, as defined in subsection 1 (1) of the Municipal Act, 2001, that is not listed in the definition of a municipality in subsection 2 (3) of this Act.

Ability to constitute municipal board

(2)  A municipality described in subsection (1) may, with the Minister’s approval, constitute a municipal board to have policing responsibility for the municipality.

Criteria for Minister’s approval

(3)  The Minister may approve the new municipal board under subsection (2) if he or she is satisfied that the new board will provide adequate and effective policing for the foreseeable future.

Same

(4)  Without restricting the matters the Minister may consider when deciding whether to approve a municipal board under subsection (3), the Minister shall consider the effect of the approval on the entity that would otherwise have policing responsibility for the area and on any other municipalities that might be affected by the decision.

Agreements for provision of policing between municipalities

26 (1)  The councils of two municipalities may enter into a written agreement to have one of the municipalities’ municipal boards assume policing responsibility for the municipality.

Advisors to municipal board

(2)  The municipal council that receives policing pursuant to an agreement made under subsection (1) may select a person to advise the other municipality’s board with respect to the preparation of its strategic plan.

Term of office

(3)  The term of office for a person selected to advise another municipality’s board shall be set by the municipal council when the person is selected, but shall not exceed the term of office of the municipal council that selected him or her.

Same, reappointment

(4)  A person selected to advise another municipality’s board may continue to sit after the expiry of the term of office of the municipal council that selected him or her until the selection of his or her successor, and is eligible for reappointment.

Protection from liability

(5)  No action or other proceeding for damages shall be instituted against a person selected to advise another municipality’s board for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act or for any alleged omission in the execution in good faith of that duty or power.

Agreement with First Nation to provide policing

27 (1)  A municipality may, with the Minister’s approval, enter into a written agreement with a band council of a First Nation to assign policing responsibility for a First Nation territory that is not within a First Nation board’s area of policing responsibility to the municipal board.

Required contents

(2)  An agreement under subsection (1) shall address the policing and other services to be provided, the area in which they will be provided and the level at which they will be provided.

Effect on area of policing responsibility

(3)  When the agreement comes into effect,

  (a)  the First Nation territory shall become part of the municipal board’s area of policing responsibility, if it was not already part of that area; and

  (b)  any other entity that previously had policing responsibility for the area no longer has that responsibility.

Municipal Diversity Plans

Diversity plan

28 (1)  Every municipal council that maintains a municipal board shall prepare and, by resolution, approve a diversity plan to ensure that the members of the municipal board appointed by the council are representative of the diversity of the population in the municipality.

Publication

(2)  The plan shall be published in accordance with the regulations.

Review and revision

(3)  The municipal council shall review and, if appropriate, revise the plan at least once every four years.

Report

(4)  The municipal council shall publish reports on the implementation of the plan in accordance with the regulations.

Transition

(5)  A municipal council’s first diversity plan under subsection (1) shall be approved before the later of,

  (a)  12 months after the day this section comes into force; and

  (b)  12 months after the municipal council constitutes its municipal board.

Promotion by municipal council

29 (1)  If the need to appoint a new member of a police service board by resolution of a municipal council is reasonably foreseeable, the municipal council shall take reasonable steps to promote the availability of the appointment to members of demographic groups that have been historically underrepresented on police service boards, including racialized groups and First Nation, Inuit and Métis communities.

Promotion by Minister

(2)  The Minister shall take reasonable steps to promote the availability of public appointments to police service boards to members of demographic groups that have been historically underrepresented on police service boards, including racialized groups and First Nation, Inuit and Métis communities.

Reports by Minister

(3)  The Minister shall publish an annual report in accordance with the regulations on the steps taken to ensure that public appointees to municipal boards reflect the diversity of the population in the area for which the municipal boards have policing responsibility.

Definition

(4)  In this section,

“public appointment” means an appointment by the Lieutenant Governor in Council or the Minister, and “public appointee” has a corresponding meaning.

Dissolution of municipal board

30 (1)  A municipality that maintains a municipal board may, with the approval of the Minister, dissolve the board.

Criteria for Minister’s approval

(2)  The Minister may approve the dissolution if he or she is satisfied that appropriate arrangements have been made for severance pay for the employees of the board and for the provision of adequate and effective policing in the area after the board is dissolved.

Inspector General

(3)  The Minister may ask the Inspector General to investigate a municipality and report on whether appropriate arrangements have been made for the provision of adequate and effective policing in the affected area if the municipal board is dissolved.

Municipal Boards

Municipal boards

Name

31 (1)  A municipal board shall be known as (insert name of municipality) Police Service Board and may also be known as Commission de service de police de (insert name of municipality).

Number of board members

(2)  The municipal board shall be composed of five members unless the municipal council passes a resolution to change the number of members under subsection (3).

Resolution to determine board size

(3)  The municipal council may determine, by resolution, that its municipal board shall be composed of five, seven or nine members.

Five-member boards

(4)  A municipal board that is composed of five members shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the council;

  (b)  one member of the municipal council appointed by resolution of the council;

   (c)  one person appointed by resolution of the municipal council, who is neither a member of the council nor an employee of the municipality; and

  (d)  two persons appointed by the Lieutenant Governor in Council.

Seven-member boards

(5)  A municipal board that is composed of seven members shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the council;

  (b)  two members of the municipal council appointed by resolution of the council;

   (c)  one person appointed by resolution of the municipal council, who is neither a member of the council nor an employee of the municipality; and

  (d)  three persons appointed by the Lieutenant Governor in Council.

Nine-member boards

(6)  A municipal board that is composed of nine members shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the council;

  (b)  three members of the municipal council appointed by resolution of the council;

   (c)  one person appointed by resolution of the municipal council, who is neither a member of the council nor an employee of the municipality; and

  (d)  four persons appointed by the Lieutenant Governor in Council.

L.G. in C. vacancies

(7)  If the position of a member of a municipal board appointed by the Lieutenant Governor in Council becomes vacant, the Minister may appoint a replacement to act until the Lieutenant Governor in Council makes a new appointment.

Reduced size

(8)  If the municipal council reduces the size of its municipal board,

  (a)  the appointments for all members of the board are terminated; and

  (b)  the Lieutenant Governor in Council and the council, as applicable, shall appoint new members of the board to meet the requirements set out in subsections (4) to (6), which may include reappointments for some of the terminated members.

Increased size

(9)  If the municipal council increases the size of its municipal board, the appointments for all members of the board continue and new members shall be appointed to meet the requirements set out in subsections (4) to (6).

Not enough eligible council members

(10)  If the requirements of clause (4) (a), (4) (b), (5) (a), (5) (b), (6) (a) or (6) (b) cannot be satisfied because not enough members of the municipal council are eligible to be members of the board, the municipal council may, instead, appoint persons who are neither a member of the council nor an employee of the municipality to the extent necessary to ensure that the full number of persons are appointed under those clauses.

Transition, existing members

(11)  Subject to subsection (12), the members of the municipal board who are in office immediately before the day this subsection comes into force shall continue in office as members of the board until the expiration of the terms for which they were appointed.

Same

(12)  A member of the municipal board appointed by resolution of a municipal council who is in office immediately before the day this subsection comes into force may continue to sit after the expiry of his or her term of office until the appointment of his or her successor.

Transition, existing boards

(13)  Despite subsection (2), a municipal board may continue to have the number of members that it had under the Police Services Act until the earlier of,

  (a)  the day the municipal council passes a resolution under subsection (3); or

  (b)  the day that a new municipal council is organized following the first regular municipal election after the day this subsection comes into force.

Same

(14)  If the municipal council does not pass a resolution under subsection (3) before the day referred to in clause (13) (b), subsection (2) will begin applying to the municipal board on that day and,

  (a)  if the application of subsection (2) has the effect of reducing the number of members of the municipal board, the procedure in subsection (8) shall be followed; and

  (b)  if the application of subsection (2) has the effect of increasing the number of members of the municipal board, the procedure in subsection (9) shall be followed.

First Nation Boards

First Nation boards

32 (1)  A band council of a First Nation may request that the Minister constitute a First Nation board to provide adequate and effective policing in a First Nation territory or any other specified area.

Joint request

(2)  Multiple band councils may jointly make a request to constitute a board under subsection (1).

Application to joint boards

(3)  Subject to the regulations, the provisions of this Act that apply to First Nation boards apply, with necessary modifications, to joint First Nation boards.

Contents of request

(4)  A request made under subsection (1) must specify,

  (a)  the area for which the proposed board would have policing responsibility;

  (b)  the composition of the proposed board;

   (c)  the method of appointing members of the proposed board;

  (d)  the name of the proposed board; and

  (e)  the proposed term of office of members of the proposed board.

Minister’s request

(5)  The Minister may request any additional information from the band council to assist in the Minister’s consideration of the request.

Considerations

(6)  The Minister shall consider the request made under subsection (1) and determine whether or not to constitute the board, having regard to the possibility of funding or other assistance being provided to the board and any other prescribed matters.

First Nation board regulations

(7)  The Minister may make regulations,

  (a)  constituting a First Nation board to have policing responsibility for the requested area;

  (b)  governing the composition of the First Nation board;

   (c)  specifying the name of the First Nation board;

  (d)  governing appointments to the First Nation board;

  (e)  governing the term of office of members of the First Nation board.

Consistency with request

(8)  A regulation made under subsection (7) must be consistent with the request made under subsection (1).

Maintaining police service

(9)  Every First Nation board shall maintain a police service and, for greater certainty, shall not maintain more than one police service.

Considerations for amendment or revocation

(10)  In determining whether to amend or revoke a regulation made under subsection (7), the Minister shall consider,

  (a)  the importance of First Nations determining the means by which culturally responsive policing is provided on their First Nation territories; and

  (b)  the effect of the revocation or amendment on the long-term viability of providing policing through First Nation boards.

Limitation on amendment or revocation

(11)  The Minister shall not amend or revoke a regulation made under subsection (7) unless the Minister is satisfied that appropriate arrangements that satisfy any prescribed requirements have been made for the First Nations that are in the First Nation board’s area of policing responsibility to receive adequate and effective policing after the amendment or revocation takes effect and one of the following conditions is met:

    1.  The amendment or revocation is consistent with a request from all of the band councils of the First Nations that are in the First Nation board’s area of policing responsibility.

    2.  There has been a material change in the circumstances on which the regulation is based.

    3.  The First Nation board was dissolved by the Minister under section 102.

    4.  The amendment is required to give effect to an agreement between the First Nation board and a municipal council to have the First Nation board assume policing responsibility for the municipality.

    5.  The amendment is editorial or technical in nature.

Limitation on revocation

(12)  In addition to the requirements set out in subsection (11), the Minister shall not revoke a regulation made under subsection (7) unless he or she is satisfied that appropriate arrangements have been made for severance pay for the employees of the First Nation board.

Extension to other First Nation territory

(13)  In addition to the requirements set out in subsection (11), the Minister shall not amend a regulation made under subsection (7) to increase a First Nation board’s area of policing responsibility to include the First Nation territory of another First Nation unless the amendment is consistent with a request from all of the First Nations whose territory will be included in the increased area.

Same, notice and comments

(14)  If the Minister intends to amend or revoke a regulation made under subsection (7) in a manner that is not consistent with a request described in paragraph 1 of subsection (11), the Minister shall provide notice containing a description of the proposed regulation to the First Nation board and to the band councils of the First Nations that are in the First Nation board’s area of policing responsibility and provide an opportunity for them to comment on it in writing.

Same, written reasons

(15)  If the Minister decides to amend or revoke the regulation after considering the comments provided under subsection (14), the Minister shall provide written reasons for his or her decision to the entities that received the notice.

Agreements with First Nation boards

(16)  The Minister may enter into a written agreement with a First Nation board to provide it with funding or other assistance, including funding with respect to the enforcement of First Nation by-laws, subject to such terms or conditions as may be specified in the agreement.

Other matters

(17)  An agreement under subsection (16) may address any other matters, including the mediation, arbitration or resolution of disputes that may arise in relation to the agreement.

Appointment of Police Service Board Members

Appointment

Considerations

33 (1)  In appointing or reappointing a member of a police service board, the appointing person or body shall consider,

  (a)  the need to ensure that the police service board is representative of the area it serves, having regard for the diversity of the population in the area;

  (b)  the need for the police service board to have members with the prescribed competencies, if any; and

   (c)  any applicable diversity plan.

Police record check

(2)  The appointing person or body must consider the results of a potential appointee’s police record check that was prepared within the past 12 months before appointing him or her as a member of a police service board.

Revocation of appointments

(3)  For greater certainty, the power to appoint a member of a police service board includes the power to revoke the appointment and to appoint a replacement.

Other ineligible persons

(4)  The following persons are not eligible to be members of a police service board:

    1.  A judge or justice of the peace.

    2.  A member of a police service, a special constable or a First Nation Officer.

    3.  Any person who practises criminal law as a defence counsel or as a prosecutor.

    4.  A director, officer or employee of a prescribed policing provider.

Former members of a police service

(5)  A former member of a police service is not eligible to be a member of a police service board unless,

  (a)  the police service board does not maintain a police service that the person was a member of; and

  (b)  at least two years have passed since the person ceased to be a member of any police service.

Seat vacated by ineligibility

(6)  A member of a police service board shall vacate his or her seat if he or she becomes ineligible to be on the board.

Notice of vacancies

(7)  If a seat becomes vacant, the police service board shall notify the person or body responsible for appointing a replacement.

Ministerial recommendations

(8)  The Minister shall make recommendations to the Lieutenant Governor in Council regarding appointments to police service boards in accordance with the regulations, if any.

Transition

(9)  Subsections (4) and (5) do not prevent a person who was a member of a police service board immediately before those subsections came into force from serving the remainder of their term.

Members appointed by municipality

Term of office

34 (1)  The term of office for a member of a municipal board appointed by resolution of a municipal council shall be set out by the municipal council in his or her appointment, but shall not exceed the term of office of the municipal council that appointed the member.

Same

(2)  A member of a municipal board appointed by resolution of a municipal council may continue to sit until the earlier of,

  (a)  six months after the expiry of his or her term of office; or

  (b)  the day the member’s successor is appointed by the municipal council.

Vacancy

(3)  If the position of a member of a municipal board who is appointed by resolution of a municipal council or who holds office by virtue of being the head of a municipal council becomes vacant, the board shall notify the municipal council and the municipal council shall appoint a replacement.

Remuneration

(4)  The members of the municipal board who are appointed by the Lieutenant Governor in Council or by the Minister shall be remunerated in accordance with the regulations.

Oath, training and conduct

Oath of office

35 (1)  A member of a police service board shall, at the time of his or her appointment as a member of the board, take an oath or affirmation of office in the prescribed form.

Prescribed training

(2)  A member of a police service board shall complete prescribed training with respect to human rights and systemic racism as well as any other prescribed training within the prescribed period.

If training not completed

(3)  A member of the police service board who does not complete the training referred to in subsection (2) shall not exercise the powers or perform the duties of a board member until the training is completed.

Code of conduct

(4)  Every member of a police service board shall comply with the prescribed code of conduct.

Election of chair

36 (1)  The members of a police service board shall elect a chair at the board’s first meeting in each year.

Vice-chair

(2)  The members of a police service board may also elect a vice-chair at the first meeting in each year, and the vice-chair shall act as the chair if the chair is absent or if the chair’s position is vacant.

Police Service Board Duties and Powers

Police service board duties

37 (1)  A police service board shall,

  (a)  provide adequate and effective policing in the area for which it has policing responsibility as required by section 10;

  (b)  employ members of the police service;

   (c)  appoint members of the police service as police officers;

  (d)  recruit and appoint the chief of police and any deputy chief of police and determine their remuneration and working conditions, taking their submissions into account;

  (e)  monitor the chief of police’s performance;

   (f)  conduct a review of the chief of police’s performance at least annually in accordance with the regulations, if any;

  (g)  monitor the chief of police’s decisions regarding the restrictions on secondary activities set out in section 116 and review the reports from the chief of police on those decisions;

  (h)  monitor the chief of police’s handling of discipline within the police service;

    (i)  ensure that any police facilities, including police lock-ups, owned by the board comply with the prescribed standards, if any; and

    (j)  perform such other duties as are assigned to it by or under this or any other Act, including any prescribed duties.

Abolition or reduction of police service

(2)  A police service board may terminate the employment of a member of the police service for the purpose of abolishing the police service or reducing its size.

Transition

(3)  Any police force maintained by a board that was in existence under the Police Services Act immediately before that Act was repealed continues as a police service maintained by a police service board under this Act, and any member of the police force at that time, including the chief of police and any deputy chief of police, continues to be a member of the police service under this Act.

Police service board policies

38 (1)  A police service board shall establish policies respecting,

  (a)  the administration of the police service;

  (b)  the provision of adequate and effective policing in accordance with the needs of the population of the area for which it has policing responsibility;

   (c)  disclosure by the chief of police of personal information about individuals;

  (d)  disclosure of secondary activities under section 116 and decisions under that section;

  (e)  the handling of discipline within the police service;

   (f)  subject to subsection (4), the indemnification of members of the police service for legal costs; and

  (g)  any other prescribed matters.

Other policies

(2)  In addition to the policies required by subsection (1), a police service board may establish policies respecting any other matters related to the police service or the provision of policing.

Consultations and considerations

(3)  A First Nation board that has policing responsibility for a First Nation territory shall,

  (a)  consult a person identified by the band council regarding the cultural traditions of the First Nation before establishing a policy under clause (1) (b); and

  (b)  consider the cultural traditions of the First Nation while establishing the policy.

Indemnification policy

(4)  The police service board is not required to establish a policy described in clause (1) (f) if it is required to indemnify members of the police service in accordance with an agreement under Part X.

No policies for certain matters

(5)  The police service board shall not make policies with respect to specific investigations, the conduct of specific operations, the deployment of members of the police service, the management or discipline of specific police officers or other prescribed matters.

Other limitations on policies

(6)  The police service board shall not make policies that would require a member of the police service to do something that is inconsistent with his or her duties under this Act or the regulations.

Strategic plan

39 (1)  The police service board shall, in accordance with the regulations, if any, prepare a strategic plan for the provision of policing, which shall address at least the following matters:

    1.  How the police service board will ensure the provision of adequate and effective policing in accordance with the needs of the population of the area.

    2.  The objectives, priorities and core functions of the police service.

    3.  Quantitative and qualitative performance objectives and indicators of outcomes relating to,

            i.  the provision of community-based crime prevention initiatives, community patrol and criminal investigation services,

           ii.  community satisfaction with the policing provided,

          iii.  emergency calls for service,

          iv.  violent crime and clearance rates for violent crime,

           v.  property crime and clearance rates for property crime,

          vi.  youth crime and clearance rates for youth crime,

         vii.  police assistance to victims of crime and re-victimization rates,

        viii.  interactions with persons described in paragraphs 4 and 5 of this subsection,

          ix.  road safety, and

           x.  any other prescribed matters.

    4.  Interactions with,

            i.  youths,

           ii.  members of racialized groups, and

          iii.  members of First Nation, Inuit and Métis communities.

    5.  Interactions with persons who appear to have a mental health condition.

    6.  Information technology.

    7.  Resource planning.

    8.  Police facilities.

    9.  Any other prescribed matters.

Same

(2)  The strategic plan must also provide an overview of the consultations that were conducted under subsection (3) and state whether and, if applicable, how the needs and concerns regarding policing identified during the consultations have been addressed by the plan.

Consultations

(3)  In preparing or revising the strategic plan, the police service board shall consult with,

  (a)  the chief of police;

  (b)  the municipal council of any municipalities in the board’s area of policing responsibility;

   (c)  the band councils of any First Nations in the board’s area of policing responsibility;

  (d)  groups representing diverse communities in the board’s area of policing responsibility;

  (e)  school boards, community organizations, businesses and members of the public in the board’s area of policing responsibility; and

   (f)  any other prescribed persons, organizations or groups.

Considerations

(4)  In preparing or revising the strategic plan, the police service board shall consider, at a minimum,

  (a)  the results of the consultations conducted under subsection (3);

  (b)  any community safety and well-being plans adopted by the municipalities or First Nations that are in the board’s area of policing responsibility; and

   (c)  the needs of members of diverse communities in the board’s area of policing responsibility, including the needs of members of racialized groups and of First Nation, Inuit and Métis communities.

Review and revision

(5)  The police service board shall review and, if appropriate, revise the strategic plan in accordance with the regulations, if any, at least once every four years.

Publication

(6)  The police service board shall publish the strategic plan in accordance with the regulations.

Police service board directions

40 (1)  The police service board may give directions to the chief of police.

No direction to other members of the police service

(2)  For greater certainty, the police service board shall not direct members of the police service other than the chief of police.

No direction by individual members of the board

(3)  No individual member of a police service board shall direct the chief of police or, for greater certainty, any other member of the police service.

No directions for certain matters

(4)  The police service board shall not direct the chief of police with respect to specific investigations, the conduct of specific operations, the discipline of specific police officers, the routine administration of the police service or other prescribed matters.

Other limitations on directions

(5)  The police service board shall not direct the chief of police to do anything that would,

  (a)  contravene this Act or the regulations, or any other Act or regulation; or

  (b)  require a member of the police service to do something that is inconsistent with his or her duties under this Act or the regulations.

Chief of police may decline

(6)  A chief of police may decline to provide information pursuant to a direction from the police service board if authorized to do so by the regulations.

Reporting and information sharing

Annual report

41 (1)  On or before the prescribed day in each year, the police service board shall file an annual report with its municipal council or band council regarding,

  (a)  the implementation of the board’s strategic plan and the achievement of the performance objectives identified in the strategic plan;

  (b)  the affairs of the police service;

   (c)  the provision of policing as it relates to any community safety and well-being plans adopted by the municipalities or First Nations that are in the board’s area of policing responsibility; and

  (d)  any other prescribed matters.

Publication

(2)  The police service board shall publish the annual report referred to in subsection (1) in accordance with the regulations.

Information sharing protocol

(3)  The police service board shall make best efforts to negotiate and enter into a protocol with its municipal council or band council that addresses the sharing of information with the council, including the type of information to be shared and the frequency for sharing such information.

Information to be provided

(4)  Regardless of the existence of an information sharing protocol, the police service board shall provide the municipal council or band council, on request, with any information relevant to the preparation or review of the community safety and well-being plan or to the board’s estimates.

Administration and Finances

Delegation

42 (1)  A police service board may, by by-law,

  (a)  establish a committee and delegate any of the board’s powers under this Act to the committee; or

  (b)  if any power of the board under this Act is prescribed for the purposes of this section, delegate that power to an employee of the board who is not a member of the police service or to the chief of police.

Content of by-law

(2)  A by-law made under subsection (1) may govern the name, powers, duties and quorums of the committee and may, subject to subsections (3), (4) and (5), govern the composition of the committee and appointment of individuals to the committee.

Composition

(3)  A committee shall be composed of,

  (a)  at least two members of the police service board, subject to subsection (4); and

  (b)  any number of additional members, as long as a majority of the committee is composed of members of the police service board.

Exception

(4)  Only one member of the police service board is required to sit on a committee if the board’s power to bargain under Part X is the only power that has been delegated to the committee.

Eligibility

(5)  An individual is not eligible to be an additional member of a committee if he or she would not be eligible to be a member of the police service board.

Meetings

43 (1)  The police service board shall hold at least four meetings each year.

Quorum

(2)  A majority of the members of the police service board constitutes a quorum.

Proceedings open to the public

(3)  Subject to section 44, meetings conducted by the police service board, or by a committee of the board, shall be open to the public.

Record of meeting

(4)  The police service board shall record without note or comment all resolutions, decisions and other proceedings at the meeting, whether it is open to the public or not.

Notice

(5)  The police service board or the committee, as applicable, shall publish notice of a meeting that is open to the public in the manner that the board or committee determines, subject to the regulations.

Timing of notice

(6)  The notice shall be published at least seven days before the meeting, except in extraordinary circumstances.

Contents of notice

(7)  The notice must include,

  (a)  the proposed agenda for the meeting; and

  (b)  either,

           (i)  the record of the most recent meeting of the police service board that was open to the public, other than the record of any part of the meeting that was closed to the public, or

          (ii)  instructions on how a member of the public may access the record referred to in subclause (i).

When meetings may be closed to public

44 (1)  A meeting or part of a meeting of a police service board, or of a committee of the board, may be closed to the public if the subject matter being considered is,

  (a)  the security of the property of the board;

  (b)  personal matters about an identifiable individual, including members of the police service or any other employees of the board;

   (c)  a proposed or pending acquisition or disposition of land by the board;

  (d)  labour relations or employee negotiations;

  (e)  litigation or potential litigation affecting the board, including matters before administrative tribunals;

   (f)  advice that would be inadmissible in a court by reason of any privilege under the law of evidence, including communications necessary for that purpose;

  (g)  information explicitly supplied in confidence to the board by Canada, a province or territory or a Crown agency of any of them, a municipality or a First Nation;

  (h)  a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

    (i)  a trade secret or scientific, technical, commercial or financial information that belongs to the board and has monetary value or potential monetary value;

    (j)  a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the board;

   (k)  information that section 8 of the Municipal Freedom of Information and Protection of Privacy Act would authorize a refusal to disclose if it were contained in a record; or

    (l)  an ongoing investigation respecting the police service board.

When meetings must be closed to the public

(2)  A meeting or part of a meeting of a police service board, or of a committee of the board, shall be closed to the public if the subject matter being considered is a request under the Municipal Freedom of Information and Protection of Privacy Act.

Educational or training sessions

(3)  A meeting of a police service board, or of a committee of the board, may be closed to the public if the following conditions are both satisfied:

    1.  The meeting is held for the purpose of educating or training the members of the board or of the committee.

    2.  At the meeting, no member of the board or committee discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the board.

Resolution

(4)  Before holding a meeting or part of a meeting that is to be closed to the public, the police service board or committee, as applicable, shall state by resolution,

  (a)  the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

  (b)  in the case of a meeting under subsection (3), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

Evidence of by-laws

45 A document purporting to be a by-law of the police service board signed by a member or purporting to be a copy of such a by-law certified correct by a member is admissible in evidence without proof of the signature or authority of the person signing.

Rules and procedures

46 (1)  A police service board shall establish its own rules and procedures in performing its duties under this Act and the regulations.

Legislation Act, 2006

(2)  Part III of the Legislation Act, 2006 does not apply to the rules and procedures established under subsection (1) of this section.

Liability

47 (1)  A police service board is liable for the acts or omissions of members of its police service committed in the course of their employment.

Indemnification by police service board

(2)  A police service board may, in accordance with the policies established under clause 38 (1) (f), indemnify a member of its police service for reasonable legal costs incurred,

  (a)  in the defence of a civil proceeding, if the member is not found to be liable;

  (b)  in the defence of a criminal prosecution, if the member is found not guilty; or

   (c)  in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith.

Agreement

(3)  An agreement under Part X may provide for indemnification for the legal costs of members of the police service, except the legal costs of a member who is found guilty of a criminal offence, and, if it provides for such an indemnification, subsection (2) of this section does not apply and the police service board shall indemnify members in accordance with the agreement.

Municipality responsible for police service board’s liabilities

(4)  The municipality is responsible for the liabilities incurred by the police service board under subsections (1), (2) and (3).

Exception, officer appointed under the Interprovincial Policing Act, 2009

(5)  This section does not apply in respect of a police officer appointed under the Interprovincial Policing Act, 2009.

Protection from personal liability

48 (1)  No action or other proceeding shall be instituted against a member of a police service board for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act, the regulations or the by-laws, or for any alleged omission in the execution in good faith of that duty or power.

Police service board’s liability

(2)  Subsection (1) does not relieve a police service board of liability for a member’s acts or omissions, and the board is liable as if that subsection had not been enacted and as if the member were the board’s employee.

Police service board may contract, sue and be sued

49 (1)  A police service board may contract, sue and be sued in its own name.

Members not liable for police service board’s contracts

(2)  The members of a police service board are not personally liable for the board’s contracts.

Municipal board finances

50 (1)  A municipality that maintains a municipal board shall provide the board with sufficient funding to,

  (a)  provide adequate and effective policing in the municipality; and

  (b)  pay the expenses of the board’s operation, other than the remuneration of board members.

Estimates

(2)  A municipal board shall submit operating and capital estimates to the municipal council that will show, separately, the amounts that will be required to,

  (a)  provide adequate and effective policing in the municipality, including the amounts required to provide the police service with required equipment and facilities, having regard for the various ways that the board can discharge this obligation; and

  (b)  pay the expenses of the board’s operation, other than the remuneration of board members.

Same

(3)  The format of the estimates, the period that they cover and the timetable for their submission shall be determined by the municipal council.

Budget

(4)  Upon reviewing the estimates, the municipal council shall establish an overall budget for the municipal board for the purposes described in clauses (1) (a) and (b) and, in doing so, the council is not bound to adopt the estimates submitted by the municipal board.

Same

(5)  In establishing an overall budget for the municipal board, the municipal council does not have the authority to approve or disapprove specific items in the estimates.

Arbitration in case of dispute

(6)  If the municipal board is not satisfied that the budget established for it by the municipal council is sufficient for the purposes described in clauses (1) (a) and (b), the municipal board may give the municipal council written notice referring the matter to arbitration.

Arbitrator

(7)  The municipal board and the municipal council may jointly appoint an arbitrator within the prescribed period after the notice is provided to the municipal council.

Unable to select

(8)  If the municipal board and the municipal council do not jointly appoint an arbitrator within the time period set out in subsection (7), either party may apply to the chair of the Arbitration Commission to appoint an arbitrator.

Findings

(9)  If the municipal council demonstrates that the municipal board could reasonably have entered into an agreement under section 14 to have policing functions provided in a manner that meets the applicable standards for adequate and effective policing and at a lower cost than is set out in the estimates, the arbitrator shall not find that the budget is insufficient to the extent of the amount that could have been saved by entering into the agreement.

Compliance

(10)  The municipal council shall amend the budget for the municipal board in accordance with the arbitrator’s decision.

Funding review, First Nation board

51 (1)  This section applies if a First Nation board believes that the funding it receives from the Minister and from all other sources is not sufficient to,

  (a)  provide adequate and effective policing in the area for which it has policing responsibility, including the amounts required to provide the police service with required equipment and facilities, having regard for the various ways that the board can discharge this obligation; and

  (b)  pay the expenses of the board’s operation.

Dispute

(2)  If a First Nation board is not satisfied that the funding is sufficient for the purposes described in clauses (1) (a) and (b), it may give the Minister written notice referring the matter to arbitration.

Arbitrator

(3)  The First Nation board and the Minister may jointly appoint an arbitrator within the prescribed period after the notice is provided to the Minister.

Unable to select

(4)  If the First Nation board and the Minister do not jointly appoint an arbitrator within the time period referred to in subsection (3), either party may apply to the chair of the Arbitration Commission to appoint an arbitrator.

Considerations

(5)  In determining the matter, the arbitrator must consider whether any First Nation board policies intended to reflect the cultural traditions of the First Nations that are in the board’s area of policing responsibility affect the funding required to provide adequate and effective policing.

Findings

(6)  If the Minister demonstrates that the First Nation board could reasonably have entered into an agreement under section 14 to have policing functions provided in a manner that meets the applicable standards for adequate and effective policing and at a lower cost than the funding provided to the board, the arbitrator shall not find that the funding is insufficient to the extent of the amount that could have been saved by entering into the agreement.

Decision

(7)  The Minister shall provide additional funding if the arbitrator determines that additional funding is required.

Aid to survivors of deceased member of municipal police service

52 A municipal council may grant financial or other assistance for the benefit of the surviving spouses and children of members of the municipal police service who die from injuries received or illnesses contracted in the discharge of their duties.

Miscellaneous

Termination to reduce size of police service

53 (1)  A police service board may not terminate the employment of a member of a police service for the purpose of reducing the size of the police service except with the approval of the Minister.

Criteria for Minister’s approval

(2)  The Minister may approve a termination described in subsection (1) if he or she is satisfied that appropriate arrangements have been made for severance pay for the member and for the provision of adequate and effective policing in the area after the size of the police service is reduced.

Inspector General

(3)  The Minister may ask the Inspector General to investigate a proposed termination described in subsection (1) and report on whether appropriate arrangements have been made for the provision of adequate and effective policing in the affected area if the size of the police service is reduced.

Municipal fines

54 (1)  This section applies if a municipality is entitled to receive fines paid as a result of prosecutions instituted by police officers of the municipal police service.

Same

(2)  If the municipality does not have its own police service, the police officers who are assigned to the municipality shall, for the purposes of determining entitlement to fine payments, be deemed to be police officers of the municipal police service.

Municipal by-law enforcement officers

55 (1)  A municipal council may appoint persons to enforce the by-laws of the municipality.

Peace officers

(2)  Municipal by-law enforcement officers appointed under this section are peace officers for the purpose of enforcing municipal by-laws.

Part V
Ontario Provincial Police

Commissioner

Commissioner

56 (1)  The Lieutenant Governor in Council shall appoint a Commissioner of the Ontario Provincial Police and may appoint one or more deputy Commissioners.

Composition of O.P.P.

(2)  The Ontario Provincial Police consists of the members of the Ontario Provincial Police.

Appointments

(3)  The Commissioner may appoint members of the Ontario Provincial Police as police officers.

Transition

(4)  The Commissioner, and any deputy Commissioner, who held his or her appointment under the Police Services Act immediately before that Act was repealed continue to be appointed under this Act.

Same

(5)  Any person who was a member of the Ontario Provincial Police under the Police Services Act immediately before its repeal continues to be a member of the Ontario Provincial Police under this Act.

Commissioner’s duties

57 The Commissioner shall,

  (a)  provide adequate and effective policing in the area for which he or she has policing responsibility as required by section 10;

  (b)  maintain a traffic patrol on the King’s Highway, except the parts prescribed by the Minister;

   (c)  maintain a traffic patrol on a highway or part of a highway that is designated as a connecting link under section 21 of the Public Transportation and Highway Improvement Act, except as prescribed by the Minister;

  (d)  maintain investigative services to assist other police services in accordance with the Minister’s policies; and

  (e)  perform such other duties as are assigned to the Commissioner by or under this or any other Act, including any prescribed duties.

Annual report

58 (1)  On or before the prescribed day in each year, the Commissioner shall file an annual report with the Minister that addresses at least the following matters:

    1.  The implementation of the Minister’s strategic plan and the achievement of the performance objectives identified in the strategic plan.

    2.  The affairs of the Ontario Provincial Police.

    3.  Any other prescribed matters.

Publication and tabling

(2)  The Minister shall publish the annual report in accordance with the regulations and table it in the Legislative Assembly as soon as possible after it is published.

Minister

Minister’s O.P.P. duties

59 The Minister shall,

  (a)  monitor the Commissioner’s performance;

  (b)  conduct a review of the Commissioner’s performance at least annually in accordance with the regulations, if any;

   (c)  monitor the Commissioner’s handling of discipline within the Ontario Provincial Police; and

  (d)  ensure that any police facilities, including police lock-ups, used by the Ontario Provincial Police comply with the prescribed standards, if any.

Minister’s policies

60 (1)  Subject to subsection (2), the Minister shall establish policies respecting,

  (a)  the provision of adequate and effective policing by the Commissioner in accordance with the needs of the population in the areas for which the Commissioner has policing responsibility;

  (b)  disclosure by the Commissioner of personal information about individuals;

   (c)  investigative services that the Commissioner must provide to other police services;

  (d)  the handling of discipline within the Ontario Provincial Police;

  (e)  subject to subsection (4), the indemnification of members of the Ontario Provincial Police for legal costs; and

   (f)  any other prescribed matters.

Restriction on Minister’s policies

(2)  Except in urgent circumstances, the Minister may not establish a policy under subsection (1) unless he or she has given a copy of the proposed policy to the Advisory Council and allowed the Council at least one month to consider it.

Other policies

(3)  In addition to the policies required by subsection (1), the Minister may establish policies respecting any other matters related to the Ontario Provincial Police or the provision of policing by the Commissioner.

Indemnification policy

(4)  The Minister is not required to establish a policy described in clause (1) (e) if indemnification for the legal costs of members of the Ontario Provincial Police is provided for by an agreement made under the Ontario Provincial Police Collective Bargaining Act, 2006.

No policies for certain matters

(5)  The Minister shall not make policies with respect to specific investigations, the conduct of specific operations, the deployment of members of the Ontario Provincial Police, the management or discipline of specific police officers or other prescribed matters.

Other limitations on policies

(6)  The Minister shall not make policies that would require a member of the Ontario Provincial Police to do something that is inconsistent with his or her duties under this Act or the regulations.

Strategic plan

61 (1)  The Minister shall, in accordance with the regulations, if any, prepare a strategic plan for the provision of policing by the Commissioner, which shall address at least the following matters:

    1.  How the Commissioner will ensure the provision of adequate and effective policing in accordance with the needs of the population of the areas for which he or she has policing responsibility.

    2.  The objectives, priorities and core functions of the Ontario Provincial Police.

    3.  Quantitative and qualitative performance objectives and indicators of outcomes relating to,

            i.  the provision of community-based crime prevention initiatives, community patrol and criminal investigation services,

           ii.  community satisfaction with the policing provided,

          iii.  emergency calls for service,

          iv.  violent crime and clearance rates for violent crime,

           v.  property crime and clearance rates for property crime,

          vi.  youth crime and clearance rates for youth crime,

         vii.  police assistance to victims of crime and re-victimization rates,

        viii.  interactions with persons described in paragraphs 4 and 5 of this subsection,

          ix.  road safety, and

           x.  any other prescribed matters.

    4.  Interactions with,

            i.  youths,

           ii.  members of racialized groups, and

          iii.  members of First Nation, Inuit and Métis communities.

    5.  Interactions with persons who appear to have a mental health condition.

    6.  Information technology.

    7.  Resource planning.

    8.  Police facilities.

    9.  Any other prescribed matters.

Same

(2)  The Minister shall review and, if appropriate, revise the strategic plan in accordance with the regulations, if any, at least once every four years.

Publication

(3)  The Minister shall publish the strategic plan in accordance with the regulations.

Minister directions

62 (1)  The Minister may give directions to the Commissioner.

No direction to other members of the O.P.P.

(2)  For greater certainty, the Minister shall not direct members of the Ontario Provincial Police other than the Commissioner.

No directions for certain matters

(3)  The Minister shall not direct the Commissioner with respect to specific investigations, the conduct of specific operations, the discipline of specific police officers, the routine administration of the Ontario Provincial Police or other prescribed matters.

Other limitations on directions

(4)  The Minister shall not direct the Commissioner to do anything that would,

  (a)  contravene this Act or the regulations, or any other Act or regulation; or

  (b)  require a member of the Ontario Provincial Police to do something that is inconsistent with his or her duties under this Act or the regulations.

Commissioner may decline

(5)  The Commissioner may decline to provide information pursuant to a direction from the Minister if authorized to do so by the regulations.

Administration and Finances

Liability

63 (1)  The Crown in right of Ontario is liable for the acts or omissions of members of the Ontario Provincial Police committed in the course of their employment.

Indemnification of member of O.P.P.

(2)  The Minister of Finance may indemnify, out of the Consolidated Revenue Fund, a member of the Ontario Provincial Police for reasonable legal costs incurred,

  (a)  in the defence of a civil proceeding, if the member is not found to be liable;

  (b)  in the defence of a criminal prosecution, if the member is found not guilty; or

   (c)  in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith.

Agreement

(3)  The Ontario Provincial Police Association and the Crown in right of Ontario may provide for indemnification for the legal costs of members of the Ontario Provincial Police in an agreement made under the Ontario Provincial Police Collective Bargaining Act, 2006, except the legal costs of a member who is found guilty of a criminal offence and, if it provides for such an indemnification, subsection (2) does not apply and the Minister of Finance shall indemnify members in accordance with the agreement.

Exception, officer appointed under the Interprovincial Policing Act, 2009

(4)  This section does not apply in respect of a police officer appointed under the Interprovincial Policing Act, 2009.

Commissioner policing

64 (1)  A municipality in the area for which the Commissioner has policing responsibility shall pay the Minister of Finance for the policing the Commissioner provides, in the amount and the manner provided by the regulations.

Collection

(2)  Subsections 65 (2), (4) and (5) apply with necessary modifications to the payments made under subsection (1).

Minister may charge for Commissioner’s services

65 (1)  The Minister may charge a municipality, a police service board, or any person or entity for any service the Commissioner provides to them under this Act or the regulations other than the policing referred to in subsection 64 (1).

Payment into Consolidated Revenue Fund

(2)  The amounts received for any service the Commissioner provides shall be paid into the Consolidated Revenue Fund.

No agreement as to cost

(3)  If no agreement has been entered into with respect to the cost of the services provided by the Commissioner, the Commissioner may, with the approval of the Minister, certify the cost of the services, and the cost shall be paid by the municipality, police service board, or person or entity that received them.

Collection of amounts owed

(4)  The amount owed for any service the Commissioner provides, if not collected by other means, may be recovered by a court action as a debt due to Her Majesty and, if the amount is owed by a municipality, may be deducted from any grant payable to the municipality out of provincial funds.

Dispute

(5)  A debtor may dispute the amount claimed in a court action commenced under subsection (4), and the court shall determine the issue and make such order as it considers appropriate in the circumstances.

Aid to survivors of deceased member of O.P.P.

66 The Lieutenant Governor in Council may, out of money appropriated for that purpose by the Legislature, grant financial or other assistance for the benefit of the surviving spouses and children of members of the Ontario Provincial Police who die from injuries received or illnesses contracted in the discharge of their duties.

O.P.P. Detachment Boards

O.P.P. detachment board

67 (1)  There shall be an O.P.P. detachment board, or more than one O.P.P. detachment board in accordance with the regulations, for each detachment of the Ontario Provincial Police that provides policing in a municipality or in a First Nation territory.

Composition

(2)  The composition of the O.P.P. detachment board shall be as provided in the regulations.

Term of office and remuneration

(3)  The term of office and remuneration and expenses of the members of the O.P.P. detachment board shall be as provided in the regulations.

Code of conduct

(4)  Every member of an O.P.P. detachment board shall comply with the prescribed code of conduct.

Liability

(5)  An O.P.P. detachment board is not liable for the acts or omissions of members of the Ontario Provincial Police committed in the course of their employment.

Application of other provisions

(6)  The following provisions apply to O.P.P. detachment boards, with necessary modifications, as if they were police service boards:

    1.  Section 33 (Appointment).

    2.  Subsections 35 (1), (2) and (3) (Oath, training and conduct).

    3.  Section 36 (Election of chair).

    4.  Section 42 (Delegation).

    5.  Section 43 (Meetings).

    6.  Section 44 (When meetings may be closed to public).

    7.  Section 45 (Evidence of by-laws).

    8.  Section 46 (Rules and procedures).

    9.  Section 48 (Protection from personal liability).

  10.  Section 49 (Police service board may contract, sue and be sued).

Role

68 (1)  The O.P.P. detachment board shall,

  (a)  consult with the Commissioner regarding the selection of a detachment commander and otherwise participate, in accordance with the regulations, in the selection of the detachment commander;

  (b)  determine objectives and priorities for the detachment, not inconsistent with the strategic plan prepared by the Minister, after consultation with the detachment commander or his or her designate;

   (c)  advise the detachment commander with respect to policing provided by the detachment;

  (d)  monitor the performance of the detachment commander;

  (e)  review the reports from the detachment commander regarding policing provided by the detachment; and

   (f)  on or before the prescribed day in each year, provide an annual report to the municipal councils and band councils regarding the policing provided by the detachment in their municipalities or First Nation territories.

Other duties of detachment commander

(2)  The detachment commander shall provide the O.P.P. detachment board with reports regarding policing provided by the detachment at the board’s request.

Delegation

(3)  The detachment commander may delegate any of his or her powers and duties with respect to the O.P.P. detachment board to another person in writing, subject to any limitations, conditions or requirements set out in the delegation.

Consideration of community safety and well-being plan

(4)  In exercising its functions, the O.P.P. detachment board shall consider any community safety and well-being plan adopted by a municipality or First Nation that receives policing from the detachment.

Local policies

69 (1)  An O.P.P. detachment board may establish local policies, after consultation with the detachment commander or his or her designate, with respect to policing in the area receiving policing from the detachment.

Local policy requirements

(2)  A local policy established under subsection (1) must meet the following requirements:

    1.  The local policy must not be inconsistent with,

            i.  the strategic plan prepared by the Minister,

           ii.  any policies established by the Minister under section 60,

          iii.  any procedures established by the Commissioner, or

          iv.  the local action plan prepared by the detachment commander.

    2.  The local policy must not require a member of the Ontario Provincial Police to act in a manner that is inconsistent with his or her duties under this Act or the regulations.

    3.  The local policy must not require a member of the Ontario Provincial Police to provide any policing that is not required as a component of adequate and effective policing.

    4.  The local policy must comply with any prescribed requirements.

Detachment commander to comply with local policies

(3)  Every detachment commander shall ensure that his or her detachment provides policing in accordance with the local policies of his or her O.P.P. detachment board.

Dispute

(4)  If a detachment commander believes that a local policy of his or her O.P.P. detachment board does not comply with subsection (2),

  (a)  he or she shall inform the O.P.P. detachment board, in writing, of the reasons why he or she believes that the local policy does not comply with subsection (2); and

  (b)  despite subsection (3), he or she is not required to ensure that policing is provided in accordance with the policy unless directed to do so by the Commissioner under subsection (5).

Application for review

(5)  If the O.P.P. detachment board is not satisfied with the detachment commander’s reasons for not complying with the local policy, it may apply to the Commissioner to review the decision and provide direction to the detachment commander, which may include requiring compliance with the local policy.

Commissioner to consider submissions

(6)  The Commissioner shall consider any submissions from the O.P.P. detachment board and shall provide it with written reasons for his or her decision to provide directions or not to provide directions to the detachment commander.

Local action plan

70 (1)  A detachment commander shall, in accordance with the regulations, if any, prepare a local action plan for the provision of policing provided by the detachment, which shall address at least the following matters:

    1.  How adequate and effective policing will be provided in the area served by the detachment, in accordance with the needs of the population in the area and having regard for the diversity of the population in the area.

    2.  The objectives and priorities for the detachment determined by the OPP detachment board and such other objectives and priorities determined by the detachment commander.

    3.  Quantitative and qualitative performance objectives and indicators of outcomes relating to,

            i.  the provision of community-based crime prevention initiatives, community patrol and criminal investigation services,

           ii.  community satisfaction with the policing provided,

          iii.  emergency calls for service,

          iv.  violent crime and clearance rates for violent crime,

           v.  property crime and clearance rates for property crime,

          vi.  youth crime and clearance rates for youth crime,

         vii.  police assistance to victims of crime and re-victimization rates,

        viii.  interactions with persons described in paragraphs 4 and 5 of this subsection,

          ix.  road safety, and

           x.  any other prescribed matters.

    4.  Interactions with,

            i.  youths,

           ii.  members of racialized groups, and

          iii.  members of First Nation, Inuit and Métis communities.

    5.  Interactions with persons who appear to have a mental health condition.

Same

(2)  The local action plan must also provide an overview of the consultations that were conducted under subsection (3) and state whether and, if applicable, how the needs and concerns regarding policing identified during the consultations have been addressed by the plan.

Consultations

(3)  In preparing or revising the local action plan, the detachment commander shall consult with,

  (a)  his or her O.P.P. detachment board;

  (b)  the municipal council of any municipalities that receive policing from the detachment;

   (c)  the band councils of any First Nations that receive policing from the detachment;

  (d)  groups representing diverse communities in the area that receives policing from the detachment;

  (e)  school boards, community organizations, businesses and members of the public in the area that receives policing from the detachment; and

   (f)  any other prescribed persons, organizations or groups.

Considerations

(4)  In preparing or revising the local action plan, the detachment commander shall consider, at a minimum,

  (a)  the results of the consultations conducted under subsection (3);

  (b)  any community safety and well-being plans adopted by the municipalities or First Nations that receive policing from the detachment; and

   (c)  the needs of members of diverse communities in the area that receives policing from the detachment, including the needs of members of racialized groups and of First Nation, Inuit and Métis communities.

Submission of draft

(5)  The detachment commander shall submit a draft of the new or amended local action plan to his or her O.P.P. detachment board before it is finalized and allow the board to make comments on the draft within the prescribed period of time.

Consideration of comments

(6)  The detachment commander shall consider the O.P.P. detachment board’s comments on the draft, if any, and revise the plan if he or she determines it to be appropriate.

Publication

(7)  The local action plan shall be published in accordance with the regulations.

Review and revision

(8)  The detachment commander shall review and, if appropriate, revise the local action plan in accordance with the regulations, if any, at least once every four years and whenever there is an amendment to the strategic plan prepared by the Minister.

Estimates, O.P.P. detachment boards

71 (1)  An O.P.P. detachment board shall prepare estimates, in accordance with the regulations, of the total amount that will be required to pay the expenses of the board’s operation, other than the remuneration of board members.

Submit to municipalities

(2)  The O.P.P. detachment board shall submit the estimates to every municipality that receives policing from the detachment along with a statement of the municipality’s share of the costs, which are to be determined in accordance with the regulations.

Budget

(3)  Subject to subsection (4), the municipalities shall contribute their share of the costs to the O.P.P. detachment board’s budget in accordance with the estimates.

Arbitration in case of dispute

(4)  If a municipality is not satisfied that the total amount set out in the estimates is required to pay the expenses of the O.P.P. detachment board’s operation, it may give the board written notice referring the matter to arbitration.

Joining arbitration

(5)  The other municipalities that receive policing from the detachment may join the arbitration as a party.

No separate arbitrations

(6)  If the other municipalities do not join the arbitration, they may not separately commence a different arbitration with respect to the estimates under this section.

Arbitrator

(7)  The O.P.P. detachment board and the municipal council or councils may jointly appoint an arbitrator within the prescribed period after the notice is provided to the municipal council.

Same

(8)  If the O.P.P. detachment board and the municipal council or councils do not jointly appoint an arbitrator, the board or the municipal councils may apply to the chair of the Arbitration Commission to appoint an arbitrator.

Ontario Provincial PoliceGovernance Advisory Council

Ontario Provincial Police Governance Advisory Council

72 (1)  A council known as the Ontario Provincial Police Governance Advisory Council in English and Conseil consultatif de gouvernance de la Police provinciale de l’Ontario in French is established.

Members

(2)  The composition of the Advisory Council shall be as provided in the regulations, and the members shall be appointed by the Lieutenant Governor in Council.

Chair, vice-chairs

(3)  The Lieutenant Governor in Council may designate one of the members of the Advisory Council to be the chair and one or more members of the Advisory Council to be vice-chairs.

Vice-chairs

(4)  A vice-chair shall act as and have all the powers and authority of the chair if the chair is absent or unable to act or if the chair’s position is vacant.

Employees

(5)  Such employees as are considered necessary for the proper conduct of the affairs of the Advisory Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

Code of conduct

(6)  Every member of the Advisory Council shall comply with the prescribed code of conduct.

Functions of Advisory Council

73 (1)  The Advisory Council shall,

  (a)  advise the Minister regarding the use of his or her powers with respect to the Ontario Provincial Police under sections 59 to 62; and

  (b)  perform any other prescribed duties.

May request report from Minister

(2)  The Advisory Council may request a report from the Minister regarding the Ontario Provincial Police or the use of the Minister’s powers under section 59, 60, 61 or 62, and the Minister shall prepare and provide the requested report to the Advisory Council within a reasonable period of time.

Meetings

74 (1)  The Advisory Council shall hold at least four meetings each year.

Quorum

(2)  A majority of the members of the Advisory Council constitutes a quorum.

Proceedings open to the public

(3)  Subject to section 75, meetings conducted by the Advisory Council shall be open to the public.

Record of meeting

(4)  The Advisory Council shall record without note or comment all resolutions, decisions and other proceedings at the meeting, whether it is open to the public or not.

Notice

(5)  The Advisory Council shall publish notice of a meeting that is open to the public in the manner that it determines, subject to the regulations.

Timing of notice

(6)  The notice shall be published at least seven days before the meeting, except in extraordinary circumstances.

Contents of notice

(7)  The notice must include,

  (a)  the proposed agenda for the meeting; and

  (b)  either,

           (i)  the record of the most recent meeting of the Advisory Council that was open to the public, other than the record of any part of the meeting that was closed to the public, or

          (ii)  instructions on how a member of the public may access the record referred to in subclause (i).

When meetings may be closed to public

75 (1)  A meeting or part of a meeting of the Advisory Council may be closed to the public if the subject matter being considered is,

  (a)  the security of facilities used by the Ontario Provincial Police;

  (b)  personal matters about an identifiable individual, including members of the Ontario Provincial Police;

   (c)  a proposed or pending acquisition or disposition of land related to the Ontario Provincial Police;

  (d)  labour relations or employee negotiations;

  (e)  litigation or potential litigation affecting the Advisory Council or related to the Ontario Provincial Police, including matters before administrative tribunals;

   (f)  advice that would be inadmissible in a court by reason of any privilege under the law of evidence, including communications necessary for that purpose;

  (g)  information explicitly supplied in confidence to the Council by Canada, a province or territory or a Crown agency of any of them, a municipality or a First Nation;

  (h)  a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Council, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

    (i)  a trade secret or scientific, technical, commercial or financial information that belongs to the Council and has monetary value or potential monetary value;

    (j)  a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Council;

   (k)  information that section 14 of the Freedom of Information and Protection of Privacy Act would authorize a refusal to disclose if it were contained in a record; or

    (l)  an ongoing investigation respecting the Advisory Council.

When meetings must be closed to the public

(2)  A meeting or part of a meeting of the Advisory Council shall be closed to the public if the subject matter being considered is a request under the Freedom of Information and Protection of Privacy Act.

Educational or training sessions

(3)  A meeting of the Advisory Council may be closed to the public if the following conditions are both satisfied:

    1.  The meeting is held for the purpose of educating or training the members of the Advisory Council.

    2.  At the meeting, no member of the Advisory Council discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Advisory Council.

Resolution

(4)  Before holding a meeting or part of a meeting that is to be closed to the public, the Advisory Council shall state by resolution,

  (a)  the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or

  (b)  in the case of a meeting under subsection (3), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

Agreements with First Nations

Agreements with First Nations to provide O.P.P. policing

76 (1)  A band council of a First Nation may enter into a written agreement with the Minister for the provision of policing and other specified services by the Commissioner in the First Nation territory or other specified area.

Required contents

(2)  An agreement under subsection (1) shall address the policing and other services to be provided, which may include the enforcement of First Nation by-laws, the area in which they will be provided and the level at which they will be provided.

Optional contents

(3)  The agreement may address any other matters, including,

  (a)  the manner in which the policing and other services will be provided, including requiring it to be provided by police officers or other members of the Ontario Provincial Police who work primarily or exclusively in the First Nation territory or other specified area;

  (b)  the steps that will be taken to ensure that the policing and other services reflect the cultural traditions of the First Nation;

   (c)  the qualifications of the members of the Ontario Provincial Police who provide the policing and other services;

  (d)  the uniform of the members of the Ontario Provincial Police who provide the policing and other services;

  (e)  the mediation, arbitration or resolution of disputes that may arise in relation to the agreement; and

   (f)  funding for a First Nation O.P.P. board.

Effect on area of policing responsibility

(4)  When the agreement comes into effect,

  (a)  the First Nation territory shall become part of the Commissioner’s area of policing responsibility, if it was not already part of that area; and

  (b)  any police service board that previously had policing responsibility for the area no longer has that responsibility.

Duties of Commissioner

(5)  The Commissioner shall ensure that the agreement is carried out.

First Nation O.P.P. boards

77 (1)  A band council of a First Nation may request that the Minister constitute a First Nation O.P.P. board to oversee the policing provided by the Commissioner pursuant to an agreement that has already been made or that the band council intends to make under section 76.

Joint request

(2)  Multiple band councils may jointly make a request to constitute a board under subsection (1).

Application to joint boards

(3)  Subject to the regulations, the provisions of this Act that apply to First Nation O.P.P. boards apply, with necessary modifications, to joint First Nation O.P.P. boards.

Contents of request

(4)  A request made under subsection (1) must specify,

  (a)  the area that is, or that is intended to be, within the Commissioner’s area of policing responsibility for which the proposed board shall have the powers, duties and functions set out in section 78;

  (b)  the composition of the proposed board;

   (c)  the method of appointing members of the proposed board;

  (d)  the name of the proposed board; and

  (e)  the proposed term of office of members of the proposed board.

Minister’s request

(5)  The Minister may request any additional information from the band council to assist in the Minister’s consideration of the request.

Considerations

(6)  The Minister shall consider the request made under subsection (1) and determine whether or not to constitute the board, having regard to the possibility of funding or other assistance being provided to the board and any other prescribed matters.

First Nation O.P.P. board regulations

(7)  The Minister may make regulations,

  (a)  constituting a First Nation O.P.P. board for the requesting band council or councils;

  (b)  governing the composition of the First Nation O.P.P. board;

   (c)  specifying the name of the First Nation O.P.P. board;

  (d)  governing appointments to the First Nation O.P.P. board; and

  (e)  governing the term of office of members of the First Nation O.P.P. board.

Consistency with request

(8)  A regulation made under subsection (7) must be consistent with the request made under subsection (1).

Same, consideration

(9)  In determining whether to amend or revoke a regulation made under subsection (7), the Minister shall consider the importance of First Nations determining the means by which culturally responsive policing is provided on their First Nation territories.

Limitation on amendment or revocation

(10)  The Minister shall not amend or revoke a regulation made under subsection (7) unless the Minister is satisfied that appropriate arrangements that satisfy any prescribed requirements have been made for the First Nation that requested the constitution of the First Nation O.P.P. board to receive adequate and effective policing after the amendment or revocation takes effect and one of the following conditions is met:

    1.  The amendment or revocation is consistent with a request from the band council of the First Nation that requested the constitution of the First Nation O.P.P. board.

    2.  There has been a material change in the circumstances on which the regulation is based.

    3.  The First Nation O.P.P. board was dissolved by the Minister under section 102.

    4.  The amendment is editorial or technical in nature.

Limitation on revocation

(11)  In addition to the requirements set out in subsection (10), the Minister shall not revoke a regulation made under subsection (7) unless he or she is satisfied that appropriate arrangements have been made for severance pay for the employees of the First Nation O.P.P. board.

Increase in area

(12)  In addition to the requirements set out in subsection (10), the Minister shall not amend a regulation made under subsection (7) to increase the area for which the First Nation O.P.P. board has the powers, duties and functions set out in section 78 unless the amendment is consistent with a request from the band councils of the First Nations that would be affected by the increase.

Same, notice and comments

(13)  If the Minister intends to amend or revoke a regulation made under subsection (7) in a manner that is not consistent with a request described in paragraph 1 of subsection (10), the Minister shall provide notice containing a description of the proposed regulation to the band council of the First Nation that requested the constitution of the First Nation O.P.P. board and provide an opportunity for it to comment on it in writing.

Same, written reasons

(14)  If the Minister decides to amend or revoke the regulation after considering the comments provided under subsection (13), the Minister shall provide written reasons for his or her decision to the entities that received the notice.

Agreements with First Nation O.P.P. boards

(15)  The Minister may enter into a written agreement with a First Nation O.P.P. board to provide it with funding or other assistance, subject to such terms or conditions as may be specified in the agreement.

Duties and functions of First Nation O.P.P. board

78 (1)  The First Nation O.P.P. board shall have all of the powers, duties and functions of an O.P.P. detachment board set out in sections 68 and 69 with respect to a detachment that provides policing under an agreement made under section 76, with necessary modifications.

Other applicable provisions

(2)  The provisions listed in subsection 67 (6) apply to First Nation O.P.P. boards, with necessary modifications, as if they were police service boards.

Additional duties

(3)  In addition to the duties and functions described in subsection (1), the First Nation O.P.P. board shall monitor the provision of policing and other services by the detachment to ensure that it complies with the agreement.

Local action plan

(4)  The detachment commander shall prepare a separate local action plan for the provision of policing to the First Nation or First Nations served by the First Nation O.P.P. board, and section 70 applies to the plan with necessary modifications.

Code of conduct

(5)  Every member of a First Nation O.P.P. board shall comply with the prescribed code of conduct.

Liability

(6)  A First Nation O.P.P. board is not liable for the acts or omissions of members of the Ontario Provincial Police committed in the course of their employment.

PART VI
Inspector General of Policing

Appointment and Duties

Inspector General of Policing

79 (1)  The Lieutenant Governor in Council shall appoint an Inspector General of Policing and may appoint one or more deputy Inspectors General.

Inspector General’s duties

(2)  The Inspector General shall,

  (a)  monitor and conduct inspections of police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, police services, prescribed policing providers and the Advisory Council to ensure that they comply with this Act and the regulations;

  (b)  consult with and advise police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, police services, prescribed policing providers, authorized policing providers and the Advisory Council regarding compliance with this Act and the regulations;

   (c)  monitor and conduct inspections of members of police service boards, O.P.P. detachment boards, First Nation O.P.P. boards and the Advisory Council to ensure that they comply with their applicable code of conduct;

  (d)  develop, maintain and manage records and conduct analyses regarding compliance with this Act and the regulations;

  (e)  deal with complaints under sections 83 and 84 and with disclosures of professional misconduct under section 132;

   (f)  submit an annual report to the Minister; and

  (g)  perform such other duties as are assigned to him or her by or under this or any other Act, including any prescribed duties.

Role respecting police officers and special constables

(3)  The Inspector General shall not conduct inspections of police officers or special constables for the purpose of determining whether they have engaged in conduct that constitutes professional misconduct.

Delegation

(4)  The Inspector General may delegate any of his or her powers and duties under this Act or the regulations to another person in writing, subject to any limitations, conditions or requirements set out in the delegation.

Deputy Inspector General

(5)  A deputy Inspector General shall act in the place of the Inspector General if he or she is absent or unable to act and, when so acting, may exercise all the powers and perform all the duties of the Inspector General.

Minister’s directions

(6)  The Minister shall not direct the Inspector General or any inspector appointed by the Inspector General with respect to the performance of their functions under this Act.

Annual report

80 (1)  On or before the prescribed day in each year, the Inspector General shall file an annual report with the Minister that addresses at least the following matters:

    1.  The activities of the Inspector General, including,

            i.  inspections conducted,

           ii.  complaints dealt with under sections 83 and 84,

          iii.  referrals to the Complaints Director or the SIU Director, and

          iv.  directions issued under section 101.

    2.  The compliance of the police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, police services, prescribed policing providers and the Advisory Council with this Act and the regulations.

    3.  Any other prescribed matters.

Publication and tabling

(2)  The Minister shall publish the annual report in accordance with the regulations and table it in the Legislative Assembly as soon as possible after it is published.

Information

Information to Inspector General in accordance with regulations

81 (1)  The police service boards, the chiefs of police, special constable employers, prescribed policing providers and administrators appointed under section 102 shall provide the Inspector General with prescribed information related to the discharge of the Inspector General’s duties under subsection 79 (2) at the frequency and in the manner set out in the regulations.

Information to Inspector General on request

(2)  The police service boards, the chiefs of police, special constable employers, prescribed policing providers and administrators appointed under section 102 shall provide the Inspector General with such information as he or she may request from time to time.

Time to comply

(3)  The information requested under subsection (2) shall be provided in the form and manner and within the time specified in the Inspector General’s request.

Chief of police may decline

(4)  A chief of police may decline to provide information under this section if authorized to do so by the regulations.

Personal information

82 (1)  The Inspector General may collect personal information under subsection 81 (1), directly or indirectly, only if the collection is necessary for the purpose of discharging his or her duties under clause 79 (2) (a), (c), (d) or (e).

Other information serves purpose

(2)  The Inspector General shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use.

Personal information limited to what is reasonably necessary

(3)  The Inspector General shall not collect or use more personal information under subsection (1) than is reasonably necessary to meet the purpose of the collection or use.

Accuracy

(4)  Before using personal information collected under subsection (1), the Inspector General shall take reasonable steps to ensure that the information is as accurate as is necessary for the purpose of the use.

De-identification

(5)  The Inspector General shall take such steps as are prescribed relating to the de-identification of personal information collected under subsection (1).

Security

(6)  The Inspector General shall take reasonable measures to secure the personal information collected under subsection (1).

Notice required by subs. 39 (2) of FIPPA

(7)  If the Inspector General collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by,

  (a)  a public notice posted on a Government of Ontario website; or

  (b)  any other method that may be prescribed.

Rights of access and correction

(8)  Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.

Complaints

Board member complaints

83 (1)  Any person, other than a prescribed person, who believes that a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council is not complying with the applicable code of conduct may make a complaint to the Inspector General in accordance with the regulations, if any.

Frivolous or vexatious or made in bad faith

(2)  The Inspector General may dismiss the complaint and take no further action under this section if the Inspector General determines that it is frivolous or vexatious or made in bad faith.

Duty to inform

(3)  The Inspector General shall inform the complainant of a dismissal under subsection (2).

Grounds for further investigation

(4)  If there appear to be grounds to believe that the member is not complying with the applicable code of conduct, the Inspector General shall,

  (a)  investigate the matter, including, if appropriate, conducting an inspection under this Part; and

  (b)  inform the complainant about the investigation and keep him or her apprised of the steps taken to resolve the complaint.

No grounds for further investigation

(5)  If there do not appear to be grounds to investigate the matter further, the Inspector General shall inform the complainant and take no further action under this section.

Policing complaints

84 (1)  Any person, other than a prescribed person, may make a complaint to the Inspector General in accordance with the regulations, if any, regarding,

  (a)  the adequacy and effectiveness of policing provided under this Act or the regulations, whether provided by a police service, prescribed policing provider, special constable employer or authorized policing provider;

  (b)  a failure of a police service board, O.P.P. detachment board, First Nation O.P.P. board, chief of police, special constable employer, police service, prescribed policing provider or the Advisory Council to comply with this Act or the regulations, other than professional misconduct;

   (c)  the policies of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Minister; or

  (d)  the procedures established by a chief of police.

Frivolous or vexatious or made in bad faith

(2)  The Inspector General may dismiss the complaint and take no further action under this section if the Inspector General determines that it is frivolous or vexatious or made in bad faith.

Duty to inform

(3)  The Inspector General shall inform the complainant of a dismissal under subsection (2).

Grounds for further investigation

(4)  If there appear to be grounds to believe that the matter complained of warrants further investigation, the Inspector General shall,

  (a)  investigate the matter, including, if appropriate, conducting an inspection under this Part; and

  (b)  inform the complainant about the investigation and keep him or her apprised of the steps taken to resolve the complaint.

Policy or procedure complaint

(5)  If the complaint does not relate to the matters referred to in clause (1) (a) or (b), or if there do not appear to be grounds to investigate those matters, and if the complaint relates to the policies or procedures referred to in clause (1) (c) or (d), the Inspector General shall,

  (a)  forward the complaint to the Minister and to,

           (i)  the Advisory Council, if the complaint relates to the policies of the Minister or procedures established by the Commissioner,

          (ii)  the police service board that maintains the police service, if the complaint relates to the board’s policies or the procedures established by the chief of police, or

         (iii)  the O.P.P. detachment board or the First Nation O.P.P. board, if the complaint relates to the board’s procedures; and

  (b)  inform the complainant of the decision and of the persons or bodies that the complaint has been forwarded to.

Report back

(6)  A police service board, O.P.P. detachment board or First Nation O.P.P. board that receives a complaint under subsection (5) shall,

  (a)  review the complaint;

  (b)  report back to the Inspector General within the time specified by the Inspector General, if any, about any steps taken in response to the complaint; and

   (c)  report to the Minister about any steps taken in response to the complaint.

Same

(7)  The Minister shall review any complaint regarding the Minister’s policies or the procedures established by the Commissioner and report back to the Inspector General within the time specified by the Inspector General, if any, about any steps taken in response to the complaint.

Minister’s review

(8)  The Minister shall review any complaint received under clause (5) (a) for the purpose of considering whether changes are required regarding training or the requirements established under this Act or the regulations.

No grounds for further investigation, other complaint

(9)  If there do not appear to be grounds to investigate the matter further and the complaint does not relate to the policies or procedures referred to in clause (1) (c) or (d), the Inspector General shall inform the complainant and take no further action under this section.

Forwarding to Complaints Director

(10)  The Inspector General shall forward every complaint investigated under subsection (4) or forwarded under subsection (5) to the Complaints Director.

Complaints by Minister

85 (1)  For greater certainty, the Minister may make a complaint under section 83 or 84.

Decline investigation

(2)  If the Minister makes a complaint under section 83 or 84, the Inspector General may decline to investigate it and shall provide the Minister with written reasons for that decision.

Interpretation, portion of a complaint

86 This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise.

Inspections

Inspectors

87 (1)  The Inspector General may appoint such inspectors as are necessary to conduct the inspections referred to in subsection (2).

Power to inspect

(2)  The Inspector General may cause an inspection to be conducted by an inspector for the purpose of,

  (a)  ensuring that a police service board, O.P.P. detachment board, First Nation O.P.P. board, chief of police, special constable employer, police service, prescribed policing provider or the Advisory Council is complying with this Act and the regulations;

  (b)  ensuring that a member of a police service board, O.P.P. detachment boards or First Nation O.P.P. board is complying with the applicable code of conduct; or

   (c)  discharging any other duties assigned to the Inspector General under this Act or the regulations.

Same

(3)  The inspectors shall not conduct inspections for the purpose of determining whether a police officer or special constable has engaged in conduct that constitutes professional misconduct.

Inspector General and deputies are inspectors

(4)  The Inspector General and any deputy Inspectors General are, by virtue of their office, inspectors.

Certificate of appointment

(5)  The Inspector General shall issue to every inspector a certificate of appointment.

Limitation on authority

(6)  The Inspector General may, in the inspector’s certificate of appointment, limit the inspector’s authority in such manner as the Inspector General considers necessary or advisable.

Confidentiality

(7)  Any inspector appointed under this section shall preserve secrecy in respect of all information obtained in the course of his or her duties under this Act or the regulations and shall not communicate any such information to any person except,

  (a)  as may be required in connection with the administration of this Act or the regulations;

  (b)  to the inspector’s counsel;

   (c)  as may be required for law enforcement purposes; or

  (d)  with the consent of the person, if any, to whom the information relates.

Request for inspection by Minister

88 (1)  The Minister may request that the Inspector General cause an inspection to be conducted under subsection 87 (2).

Decline inspection

(2)  If the Minister makes a request under subsection (1), the Inspector General may decline to cause the inspection to be conducted and shall provide the Minister with written reasons for that decision.

Restrictions on inspections

Commissioner or O.P.P.

89 (1)  An inspector shall not conduct an inspection regarding a matter related to the Ontario Provincial Police if the inspector is employed in the Ministry, unless the inspector is employed on secondment in the Ministry.

Employed by entity

(2)  An inspector shall not conduct an inspection regarding a matter related to an entity if the inspector is employed by the entity.

Employed by police service board

(3)  An inspector shall not inspect a chief of police under this Part if the inspector and the chief are employed by the same police service board.

Inspection without order

90 (1)  An inspector may, at any reasonable time, enter a place, including a receptacle or vehicle, owned or occupied by a police service board, O.P.P. detachment board, First Nation O.P.P. board, special constable employer, prescribed policing provider, authorized policing provider or the Advisory Council for a purpose described in subsection 87 (2) if the inspector reasonably believes that,

  (a)  the place contains a thing, document or data relevant to that purpose; or

  (b)  an activity relating to the purpose of the inspection is occurring or has occurred at the place.

Expert help

(2)  The inspector may be accompanied and assisted by persons who have special, expert or professional knowledge.

No inspection of dwellings without order

(3)  The inspector shall not enter, without the occupier’s consent, a place or part of a place used as a dwelling under this section.

No force

(4)  The inspector shall not use force to enter a place under this section.

Inspection order

91 (1)  An inspector may, without notice, apply to a justice of the peace or a provincial judge for an order under this section to enter and inspect,

  (a)  a place described in subsection 90 (1) that is a dwelling or that contains a dwelling; or

  (b)  a place, including a receptacle or vehicle, that is used by a chief of police or a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council in relation to the performance of his or her duties under this Act or the regulations.

Issuance of order

(2)  A justice of the peace or provincial judge may issue an order authorizing the inspector to enter a place referred to in subsection (1) and to exercise any of the powers set out in the order if the justice or judge is satisfied on information under oath or affirmation that,

  (a)  the inspection is for a purpose described in subsection 87 (2); and

  (b)  there are reasonable grounds to believe that,

           (i)  the place contains a thing, document or data relevant to the purpose of the inspection, or

          (ii)  an activity relating to the purpose of the inspection is occurring or has occurred at the place.

Powers on entry

(3)  The order may, in relation to the inspection, authorize the inspector to exercise any or all of the powers set out in subsection 92 (1).

Dwelling

(4)  Despite subsection (1), the inspector shall not exercise the power under an order to enter a place or part of a place used as a dwelling, unless the justice of the peace or provincial judge is informed that the order is being sought to authorize entry into a dwelling and the order authorizes the entry into the dwelling.

Expert help

(5)  The order issued under subsection (1) may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the order.

Conditions

(6)  The order may contain terms and conditions in addition to those provided for in subsection (1) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances.

Time of execution

(7)  The order shall be executed between 6 a.m. and 9 p.m., unless it specifies otherwise.

Expiry of order

(8)  The order is valid for 30 days or for such shorter period as may be specified in it.

Further orders

(9)  A justice of the peace or provincial judge may issue further orders under subsection (1).

No force

(10)  The inspector shall not use force to enter a place under this section.

Inspection powers

92 (1)  An inspector may do one or more of the following in the course of entering a place and conducting an inspection under this Part:

    1.  Examine anything that relates to the inspection.

    2.  Examine, record or copy any thing, data or information, in any form, by any method.

    3.  Require the production of any document or data, in any form, required to be kept under this Act or the regulations and of any other document or data, in any form, related to the purpose of the inspection.

    4.  Remove from the place, for the purpose of making copies, documents or data produced under paragraph 3.

    5.  Make reasonable inquiries of any person, orally or in writing.

    6.  Take samples for analysis.

    7.  Conduct tests or make measurements.

Limitation

(2)  A record or copy made under paragraph 2 of subsection (1) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Document or data in electronic form

(3)  If a document or data is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both.

Obligation to produce and assist

(4)  If the inspector requires that a person produce or provide access to a thing, document or data, the person shall do so in the manner and within the period specified by the inspector and shall, if requested to do so, provide any assistance that is reasonably necessary to permit the inspector to understand the thing, document or data.

Limitation re removal

(5)  An inspector shall not remove things, documents or data under paragraph 4 of subsection (1) without giving a receipt for them and shall promptly return them to the person who produced them.

Power to exclude persons

(6)  An inspector who exercises the power set out in paragraph 5 of subsection (1) may exclude any person from the questioning, except counsel for the individual being questioned.

Power to require response to inquiries

93 (1)  An inspector may, at any reasonable time, require any of the following persons or entities to respond to reasonable inquiries related to the purpose of the inspection:

    1.  A member or employee of a police service board, including a member of a police service maintained by a police service board.

    2.  A member or employee of an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council.

    3.  A special constable employer, a prescribed policing provider or an authorized policing provider, or an officer, director or employee of such an entity.

    4.  An entity that employs First Nation Officers who are providing policing functions in accordance with an agreement under section 27.

Same

(2)  For the purposes of subsection (1), an inspector may make inquiries by any means of communication.

Orally or in writing

(3)  The inspector may require the person to respond orally or in writing, as the inspector may determine.

Production

(4)  In requiring a person to respond to an inquiry under subsection (1), an inspector may require the production of any thing, document or data related to the inquiry.

Document or data in electronic form

(5)  If a document or data is retained in electronic form, an inspector may require that a copy of it be provided to him or her on paper or electronically, or both.

Privilege

(6)  An inspector shall not require a response or the production of a thing, document or data that would be inadmissible in a court by reason of any privilege under the law of evidence.

Notice and reports

SIU notification

94 (1)  If, in the course of an inspection under this Part, an inspector becomes aware of an incident that a designated authority would have a duty to report under section 17 of the Policing Oversight Act, 2017, the inspector shall notify the SIU Director unless the inspector believes the SIU Director has already been notified.

Complaints Director report

(2)  If, in the course of an inspection under this Part, an inspector becomes aware that a police officer or special constable may have engaged in conduct that constitutes professional misconduct, the inspector shall, in prescribed circumstances, report the misconduct to the Complaints Director.

Chief of police report

(3)  If, in the course of an inspection under this Part, an inspector reasonably suspects that a member of a police service may have committed a criminal offence, may be incapable of performing the duties of his or her position or may have engaged in conduct that constitutes workplace misconduct or unsatisfactory work performance, the inspector shall report it to the member’s chief of police or, if the member is a chief of police or a deputy chief of police, to the Inspector General.

Special constable employer report

(4)  If, in the course of an inspection under this Part, an inspector reasonably suspects that a special constable employed by a special constable employer may be incapable of performing the duties of his or her position, the inspector shall report it to the special constable employer and to the police service board, or the Commissioner, that appointed the special constable.

Other persons, criminal offences

(5)  If, in the course of an inspection under this Part, an inspector reasonably suspects that a member of a police service board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council or a member, director, officer or employee of a special constable employer, prescribed policing provider or authorized policing provider may have committed a criminal offence, the inspector shall notify the Inspector General.

Referral to other chief of police

95 If the Inspector General is notified under subsection 94 (3) or (5) that a chief of police, a deputy chief of police or a member of a police service board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council may have committed a criminal offence,

  (a)  the Inspector General shall refer the matter to the chief of police of an unrelated police service;

  (b)  the chief of police referred to in clause (a) shall investigate the matter; and

   (c)  the chief of police referred to in clause (a) may charge the board of the chief of police, deputy chief of police or board member for the cost of the investigation, and subsections 19 (8) to (10) apply with necessary modification to the cost of the investigation.

Identification

96 On request, an inspector who exercises a power under this Part shall identify himself or herself as an inspector by producing a copy of the certificate of appointment, and shall explain the purpose of the exercise of the power.

Detention of things, documents or data

97 An inspector may detain any thing, document or data obtained under section 92 for any period and for any purpose relating to enforcing this Act and the regulations.

Board member duties during and after investigation

98 (1)  The Inspector General may direct a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council to decline to exercise his or her duties as a member of the board from the beginning of an investigation into the member’s conduct or work performance under this Part until,

  (a)  the member receives notice from the Inspector General that no further action will be taken in respect of the investigation; or

  (b)  the Minister exercises a power under subsection 100 (2) as a result of the investigation.

Not enough members

(2)  If the application of subsection (1) results in a board not having enough members able to exercise their duties in order to constitute a quorum, the Inspector General may appoint the number of persons necessary to constitute a quorum, who shall act in the place of the members who are unable to exercise their duties.

Same

(3)  The Inspector General,

  (a)  shall specify in an appointment made under subsection (2) that the appointee may only exercise such duties as are necessary for the effective operation of the board during the investigation and, for such purpose, may specify the duties the appointee may or may not exercise; and

  (b)  shall cancel an appointment made under subsection (2) as soon as the investigation is over.

Results of Inspection

Results of inspection

99 (1)  An inspector who completes an inspection under this Part shall report his or her findings to the Inspector General.

Inspector General’s notification

(2)  Unless the regulations provide otherwise, the Inspector General shall notify the subject of the inspection of,

  (a)  the findings in the report; and

  (b)  if applicable, the Inspector General’s recommendation to the Minister under subsection 100 (1) regarding the use of the Minister’s powers.

Publication

(3)  The Inspector General shall publish the report made under subsection (1) in accordance with the regulations.

Code of conduct contravention

100 (1)  If, in the opinion of the Inspector General, the report made under subsection 99 (1) discloses evidence that a member of a police service board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council is not complying with the applicable code of conduct, the Inspector General shall report the findings to the Minister and may recommend that the Minister use one or more of the powers listed in subsection (2) of this section.

Minister’s powers

(2)  After receiving the Inspector General’s report, the Minister may,

  (a)  reprimand the member of the board;

  (b)  suspend the member of the board for a period of time or until he or she has complied with specified conditions or, in the case of a member of the Advisory Council, recommend that the Lieutenant Governor in Council impose such a suspension; or

   (c)  remove the member from the board or, in the case of a member of the Advisory Council, recommend that the Lieutenant Governor in Council remove him or her from the board.

Before exercising power

(3)  Before exercising a power under subsection (2), the Minister shall provide notice of the proposed measures to the member and to his or her board and provide the member an opportunity to respond orally or in writing, as the Minister may determine.

Exercise of powers

(4)  After considering the response, if any, the Minister may implement the proposed measures, impose a lesser measure or rescind his or her intention to implement them.

Replacement of suspended or removed member

(5)  If the Minister suspends a member of a board or removes him or her from office under subsection (2), the municipal council, band council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member.

Suspension with or without pay

(6)  If the Minister suspends a member of a board under subsection (2) who is entitled to remuneration, he or she shall specify whether the suspension is with or without pay.

Consequences of removal and suspension

(7)  A member who has been removed from a board under this section is not eligible to be a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council, and a member who has been suspended shall not be reappointed during the period of suspension.

Minister’s delegation

(8)  The Minister may delegate in writing any of his or her powers and duties under this section to any person, including a person not employed in the Ministry, other than the Inspector General or another inspector, subject to any limitations, conditions and requirements set out in the delegation.

Non-compliance with Act or regulations

101 (1)  If, in the opinion of the Inspector General, the report made under subsection 99 (1) discloses evidence of non-compliance with a requirement of this Act or the regulations, or evidence that an act or omission will likely result in such non-compliance, the Inspector General may issue any directions to a police service board, O.P.P. detachment board, First Nation O.P.P. board, chief of police, special constable employer, police service, prescribed policing provider or the Advisory Council that he or she considers advisable to remedy or prevent the non-compliance.

Consideration

(2)  Without restricting the matters the Inspector General shall consider when deciding whether to issue a direction under subsection (1), the Inspector General shall consider whether the non-compliance or likelihood of non-compliance is the result of exceptional circumstances beyond the control of the non-compliant person.

Non-application

(3)  Subsection (1) does not apply with respect to non-compliance or potential non-compliance that constitutes professional misconduct or a failure to comply with a code of conduct.

Direction

(4)  The direction shall,

  (a)  be in writing;

  (b)  specify the provision of this Act or the regulations that the Inspector General believes has not been complied with or is likely to not be complied with; and

   (c)  briefly describe the nature of the non-compliance or likely non-compliance.

Reconsideration

(5)  The Inspector General may vary or revoke a direction issued under this section.

Time to comply

(6)  The subject of the direction shall comply with it within the time period specified in the direction.

Copy to Minister

(7)  The Inspector General shall provide a copy of every direction issued under this section to the Minister and publish it in accordance with the regulations.

Failure to comply with Inspector General’s direction

102 (1)  If the subject of a direction issued under section 101 fails to comply with it, the Inspector General shall report the non-compliance to the Minister in writing and may recommend that the Minister impose one or more measures listed in subsection (3) of this section.

Publication

(2)  The Inspector General shall publish the report referred to in subsection (1) in accordance with the regulations.

Minister’s actions

(3)  Subject to subsections (4) and (5), the Minister may impose any of the following measures or any combination of them to remedy the non-compliance:

    1.  In the case of the Ontario Provincial Police or the Commissioner, the Minister may,

            i.  direct the Commissioner to comply with the direction,

           ii.  recommend to the Lieutenant Governor in Council that the Commissioner be suspended or removed from office, or

          iii.  with the approval of the Lieutenant Governor in Council, appoint an administrator to administer the Ontario Provincial Police or to perform other specified functions with respect to policing in the area served by the police service in accordance with section 103.

    2.  In the case of any other police service or chief of police or in the case of a police service board, the Minister may,

            i.  suspend the chief of police, one or more members of the police service board, or the whole board, for a specified period,

           ii.  remove the chief of police, one or more members of the police service board, or the whole board, from office,

          iii.  appoint an administrator to administer the police service or to perform other specified functions with respect to policing in the area served by the police service in accordance with section 103, or

          iv.  dissolve the police service board and disband the police service.

    3.  In the case of an O.P.P. detachment board or First Nation O.P.P. board, the Minister may,

            i.  suspend one or more members of the board, or the whole board, for a specified period,

           ii.  remove one or more members of the board, or the whole board, from office, or

          iii.  in the case of a First Nation O.P.P. board, dissolve the board.

    4.  In the case of the Advisory Council, the Minister may,

            i.  suspend one or more members of the Council, or the whole Council, for a specified period, or

           ii.  recommend to the Lieutenant Governor in Council that one or more members of the Council, or the whole Council, be removed from office.

    5.  In the case of a special constable employer, the Minister may terminate or impose terms and conditions on the special constable employer’s authorization to employ special constables.

    6.  In the case of a prescribed policing provider, the Minister may appoint an administrator to administer it in accordance with section 103.

Before imposing measure

(4)  Before imposing a measure under subsection (3), the Minister shall provide written notice to the affected person or body of the proposed measures and provide an opportunity to respond orally or in writing, as the Minister may determine.

Same, measures related to O.P.P.

(5)  The Minister shall consult with the Advisory Council before giving notice under subsection (4) respecting the imposition of a measure under paragraph 1 or 3 of subsection (3).

Imposition of measures

(6)  After considering the response, if any, the Minister may implement the proposed measures, impose a lesser measure or rescind his or her intention to implement them.

Criteria for dissolving and disbanding

(7)  The Minister may dissolve a police service board and disband a police service only if he or she is satisfied that there is no reasonable alternative to ensure the provision of adequate and effective policing.

Replacement of chief of police

(8)  If the Minister suspends or removes a chief of police, the Minister may appoint a replacement.

Replacement of suspended or removed member

(9)  If the Minister suspends a member of a police service board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council or removes him or her from office, the municipal council, band council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member.

Suspension with or without pay

(10)  If the Minister suspends a chief of police or a member of a police service board, O.P.P. detachment board, First Nation O.P.P. board or the Advisory Council who is entitled to remuneration, the Minister shall specify whether the suspension is with or without pay.

Revocation of suspension

(11)  The Minister may revoke a suspension issued under this section at any time.

Extension of suspension

(12)  The Minister may extend a suspension issued under this section after providing notice and an opportunity to respond to the suspended person, orally or in writing, as the Minister may determine.

Consequences of removal and suspension

(13)  A member who has been removed from a board under this section is not eligible to be a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council, and a member who has been suspended shall not be reappointed during the period of suspension.

Minister’s delegation

(14)  Subject to subsection (15), the Minister may delegate in writing any of his or her powers and duties under this section to any person, including a person not employed in the Ministry, other than the Inspector General or another inspector, subject to any limitations, conditions and requirements set out in the delegation.

Same, delegation of powers related to O.P.P.

(15)  The Minister shall consult with the Advisory Council before delegating the exercise of a power under paragraph 1 or 3 of subsection (3) to a person.

Administrators

103 (1)  This section applies to an administrator appointed to administer a police service or prescribed policing provider under section 102.

Term of office

(2)  The appointment of an administrator is valid until terminated by order of the Minister.

Powers of administrator

(3)  Unless the appointment provides otherwise, the administrator has the exclusive right to exercise all of the powers of the police service board, chief of police or governing body of the prescribed policing provider.

Same

(4)  The Minister may specify the powers and duties of an administrator in the appointment and set out the terms and conditions governing those powers and duties.

Additional powers of administrator

(5)  If, under the order of the Minister, the police service board, chief of police or governing body of the prescribed policing provider continues to have the right to act with regard to any matters, any such act is valid only if approved in writing by the administrator.

Right of access

(6)  An administrator has the same rights as the police service board, chief of police, governing body of the prescribed policing provider or the chief executive officer of the prescribed policing provider, as the case may be, in respect of the documents, data and information of the police service or prescribed policing provider.

Reports

(7)  An administrator shall report to the Minister as required by the Minister.

Minister’s directions

(8)  The Minister may issue directions to an administrator with regard to any matter within the jurisdiction of the administrator.

Directions to be followed

(9)  An administrator shall carry out every direction of the Minister.

Emergency, interim measure

104 (1)  If the Inspector General has recommended under subsection 102 (1) that the Minister impose a measure set out in subsection 102 (3), the Inspector General may impose that measure without notice and without an opportunity to respond if he or she is of the opinion that an emergency exists and that an interim measure is necessary to ensure the provision of adequate and effective policing.

Restriction

(2)  The Inspector General shall not remove a person from office, dissolve a board or disband a police service by means of an interim measure.

Administrators

(3)  Section 103 applies, with necessary modifications, to an administrator appointed by the Inspector General under this section to administer a police service or prescribed policing provider, except that the administrator’s term may be terminated by order of either the Minister or the Inspector General.

Limitation

(4)  An interim measure may not be in force for longer than the prescribed period.

Offences

Obstruction, etc.

105 (1)  No person shall intentionally hinder or obstruct or attempt to hinder or obstruct an inspector in the performance of his or her duties under this Part or furnish him or her with false or misleading information.

Failure to provide information

(2)  No person shall refuse to provide information to the Inspector General if required to do so under this Act or the regulations.

False or misleading information

(3)  No person shall intentionally submit false or misleading information to the Inspector General.

Penalty

(4)  A person who contravenes subsection (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

PART VII
Police Officers and other Policing Personnel

Chief of Police

Duties of chief of police

106 (1)  A chief of police shall manage the members of the police service to ensure that they carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community.

Same, Commissioner

(2)  The Commissioner shall,

  (a)  administer the Ontario Provincial Police and oversee its operation in accordance with the Minister’s policies and strategic plan;

  (b)  comply with any investigations conducted by the Complaints Director, the SIU Director or the Inspector General; and

   (c)  comply with the Minister’s lawful directions.

Same, other chief of police

(3)  A chief of police of a police service maintained by a police service board shall,

  (a)  administer the police service and oversee its operation in accordance with the board’s policies and strategic plan;

  (b)  comply with any investigations conducted by the Complaints Director, the SIU Director or the Inspector General; and

   (c)  comply with the lawful directions of the board.

Written procedures

(4)  A chief of police shall establish written procedures regarding the administration of his or her police service and the provision of policing by the police service.

Delegation

(5)  A chief of police may delegate in writing any of his or her powers and duties under this Act or the regulations to a member of the chief of police’s police service, subject to any limitations, conditions or requirements set out in the delegation.

Deputy Commissioner or deputy chief of police

(6)  A deputy Commissioner or deputy chief of police shall act in the place of the Commissioner or chief of police if he or she is absent or unable to act and, when so acting, may exercise all the powers and perform all the duties of the Commissioner or chief of police.

Power to disclose personal information

107 (1)  Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations.

Purpose of disclosure

(2)  Any disclosure made under subsection (1) shall be for one or more of the following purposes:

    1.  Protection of the public.

    2.  Protection of victims of crime.

    3.  Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.

    4.  Law enforcement.

    5.  Correctional purposes.

    6.  Administration of justice, including the conduct of civil proceedings.

    7.  Enforcement of and compliance with any federal or provincial Act, regulation or government program.

    8.  Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual.

Same

(3)  Any disclosure made under subsection (1) shall be deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Same

(4)  If personal information is disclosed under subsection (1) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information.

SIU investigation of member of police service

108 (1)  If the SIU Director causes an incident to be investigated under section 16 of the Policing Oversight Act, 2017 involving a member of a police service, the chief of police of the police service shall investigate,

  (a)  the member’s conduct in relation to the incident;

  (b)  the policing provided by the member in relation to the incident; and

   (c)  the procedures established by the chief of police as they related to the incident.

Time for investigation

(2)  The investigation shall occur promptly but shall not be conducted during the time period described in subsection 148 (3).

Report

(3)  A chief of police shall report on his or her investigation under subsection (1) in accordance with the regulations.

Police Officers

Duties of police officer

109 (1)  The duties of a police officer include,

  (a)  preserving the peace;

  (b)  preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;

   (c)  assisting victims of crime;

  (d)  apprehending criminals and other offenders and others who may lawfully be taken into custody;

  (e)  laying charges and participating in prosecutions;

   (f)  executing warrants that are to be executed by police officers and performing related duties;

  (g)  performing the lawful duties that the chief of police assigns;

  (h)  completing the prescribed training;

    (i)  complying with any investigations conducted by the Complaints Director, the SIU Director or the Inspector General;

    (j)  complying with the prescribed code of professional conduct; and

   (k)  performing such other duties as are assigned to him or her by or under this or any other Act, including any prescribed duties.

Power to act throughout Ontario

(2)  A police officer has authority to act as such throughout Ontario.

Powers and duties of common law constable

(3)  A police officer has the powers and duties ascribed to a constable at common law.

Appointment of police officer

110 (1)  No person shall be appointed as a police officer unless he or she,

  (a)  is a Canadian citizen or a permanent resident of Canada;

  (b)  is at least 18 years of age;

   (c)  is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public;

  (d)  is of good character;

  (e)  has completed the prescribed training or has been exempted from this requirement in accordance with the regulations; and

   (f)  meets one of the following conditions:

           (i)  he or she has,

                 (A)  a university degree, or

                 (B)  a degree from a college of applied arts and technology authorized to grant the degree,

          (ii)  he or she has a diploma or advanced diploma granted by a college of applied arts and technology following successful completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters,

         (iii)  he or she has been granted a certificate or other document by a post-secondary institution evidencing successful completion of a program that the regulations prescribe as being equivalent to a degree or diploma described in subclause (i) or (ii),

         (iv)  if additional criteria have been prescribed, he or she has a secondary school diploma and meets the additional criteria.

Effect of Tribunal’s order

(2)  An appointment under subsection (1) shall not be made if it is prohibited by an order of the Tribunal under paragraph 6 of subsection 87 (1) of the Policing Oversight Act, 2017 and must contain any terms, conditions or limitations required by an order under paragraph 5 of that subsection.

Information or material to be provided

(3)  A candidate for appointment as a police officer shall provide any relevant information or material that is requested in connection with his or her application.

Certificate of appointment

(4)  The police service board or the Commissioner shall issue a certificate of appointment to a person at the time of his or her appointment as a police officer.

Automatic termination

(5)  A police officer’s appointment is terminated, without notice and without an opportunity to respond, if he or she ceases to be a member of a police service.

Exception

(6)  This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009 or to a candidate for appointment under that Act.

Transition

(7)  An appointment as a police officer under the Police Services Act that a person held immediately before that Act was repealed continues under this Act.

Probationary period, police service board officer

111 (1)  The probationary period of a police officer employed by a police service board begins on the day he or she is appointed and ends 18 months after the day of appointment.

Extension with consent

(2)  A chief of police may extend a police officer’s probationary period by up to six months if the police officer consents to the extension.

Leave of absence

(3)  Any time taken by the police officer as a leave of absence does not count towards the fulfilment of the probationary period.

Only one probationary period

(4)  Despite subsection (1), a police officer shall not be subject to a probationary period if he or she has already successfully completed a probationary period as a police officer with a police service, the Royal Canadian Mounted Police or a different prescribed policing organization.

Oaths of office and secrecy

112 (1)  A person who is appointed to be a police officer shall, at the time of his or her appointment, take oaths or affirmations of office and secrecy in the prescribed form.

Exception

(2)  This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.

Political activity

113 No police officer who is a member of a police service maintained by a police service board shall engage in political activity, except as permitted by the regulations.

Members of Police Services

Qualifications to hold position

114 (1)  Subject to subsection (2), a person is not eligible to hold a position as a member of a police service, whether in an acting or permanent capacity, unless he or she meets the prescribed qualifications for the position, if any.

Effect of new qualifications

(2)  Unless the regulations provide otherwise, any new qualifications prescribed under subsection (1) for a position do not apply to a person who held that position immediately before the new qualifications came into effect.

Accommodation of disability needs

115 (1)  The police service board or the Commissioner shall accommodate the needs of a member of a police service who becomes incapable of performing or fulfilling the essential duties or requirements of his or her position as a result of a disability in accordance with the Human Rights Code.

Incapacity after accommodation

(2)  If a police officer receives or is offered accommodation in accordance with the Human Rights Code but continues to be incapable of performing or fulfilling the essential duties or requirements of his or her position as a result of a disability, the police service board or Commissioner may, in accordance with this section,

  (a)  revoke or suspend the officer’s appointment as a police officer and assign him or her to a civilian position; or

  (b)  if the officer would not be capable of performing or fulfilling the essential duties or requirements of an available civilian position, even if provided with accommodation in accordance with the Human Rights Code, or the officer has refused an offer of such a position,

           (i)  terminate the employment of the officer, or

          (ii)  if the officer is entitled to retire with an unreduced pension, retire the officer.

Opportunity to respond

(3)  Before taking an action under subsection (2), the police service board or Commissioner shall,

  (a)  provide written notice stating the reasons for taking the action to the police officer; and

  (b)  give the police officer an opportunity to respond to the notice provided under clause (a), orally or in writing, as the chief may determine.

Notice of action

(4)  After complying with subsection (3) and considering the response, if any, the police service board or Commissioner may provide written notice of the proposed action, which shall take effect on the sixtieth day after the day the notice is provided.

Arbitration

(5)  A police officer who is the subject of a notice provided under subsection (4) may request an arbitration to dispute the proposed action by applying, within the prescribed time period, to the chair of the Arbitration Commission to appoint an arbitrator to determine the matter.

Action stayed

(6)  The action is stayed from the time the police officer applies to the chair of the Arbitration Commission until the arbitrator disposes of the matter.

Parties

(7)  The police officer and the police service board or the Commissioner, are the parties to the arbitration.

Settlement

(8)  The police officer and the police service board or the Commissioner may settle the matter, and the settlement may provide for the imposition of an action listed in subsection (2).

Result of arbitration

(9)  If the arbitrator determines that the police service board or the Commissioner has not demonstrated, on the balance of probabilities, that the requirements set out in subsection (2) to take the proposed action have been met, the arbitrator may make an order setting aside the action or substituting a different action listed in that subsection.

Effect of assignment to civilian position

(10)  For greater certainty, a police officer assigned to a civilian position ceases to be a police officer while so assigned.

Reassignment to police officer position

(11)  An assignment to a civilian position may be temporary, and a person who was a police officer before being assigned to a civilian position resumes being a police officer once he or she is reassigned to a police officer position.

Assignment by Tribunal

(12)  If the Tribunal suspends a police officer’s appointment as a police officer under paragraph 3 of subsection 87 (1) of the Policing Oversight Act, 2017,

  (a)  the police officer ceases to be a police officer during the suspension; and

  (b)  nothing in this Act, other than section 114, prevents the police service board or the Commissioner from assigning the member to a civilian position.

End of suspension

(13)  A police officer whose appointment was suspended resumes being a police officer when the suspension ends.

Definition of civilian position

(14)  In this section,

“civilian position” means,

  (a)  in the case of the Ontario Provincial Police, a position normally performed by a member of the civilian employees’ bargaining unit referred to in paragraph 2 of subsection 2 (1) of the Ontario Provincial Police Collective Bargaining Act, 2006, or

  (b)  in the case of any other police service, a position normally performed by a member of the police service who is not a police officer.

Restrictions on secondary activities

116 (1)  A member of a police service maintained by a police service board shall not engage in any activity,

  (a)  that interferes with or influences adversely the performance of his or her duties as a member of a police service, or is likely to do so;

  (b)  that places him or her in a position of conflict of interest, or is likely to do so;

   (c)  that would otherwise constitute full-time employment for another person; or

  (d)  in which he or she has an advantage derived from being a member of a police service.

Exception, interprovincial officers and auxiliary members

(2)  Clause (1) (c) does not apply to,

  (a)  a police officer appointed under the Interprovincial Policing Act, 2009; or

  (b)  an auxiliary member of a police service.

Disclosure to chief of police

(3)  A member of a police service maintained by a police service board who proposes to undertake an activity that may contravene subsection (1) or who becomes aware that an activity that he or she has already undertaken may do so shall disclose full particulars of the situation to the chief of police or, in the case of a chief of police, to the board.

Decision of chief of police or police service board

(4)  The chief of police or the police service board, as the case may be, shall decide whether the member is permitted to engage in the activity, subject to any conditions or restrictions that may be set out in the decision.

Member to comply

(5)  The member shall comply with the decision and with any conditions or restrictions set out in it.

Report to police service board

(6)  The chief of police shall submit a written report to the police service board respecting any decision he or she makes under subsection (4), with reasons.

Police cadets

117 (1)  If authorized by the policies of the police service board, a chief of police may appoint persons as police cadets to undergo training.

Same

(2)  If authorized by the policies of the Minister, the Commissioner may appoint persons as police cadets to undergo training.

Member of the police service

(3)  A police cadet is a member of the police service.

Not a peace officer

(4)  For greater certainty, a police cadet is not a peace officer by virtue of his or her position.

Auxiliary members of police service

118 (1)  Subject to the regulations, a police service board may appoint auxiliary members of the police service.

Auxiliary members of O.P.P.

(2)  Subject to the regulations, the Commissioner may appoint auxiliary members of the Ontario Provincial Police.

Suspension or termination of appointment

(3)  A police service board and the Commissioner may suspend or terminate the appointment of an auxiliary member.

Notice and opportunity to respond

(4)  Before the auxiliary member’s appointment is terminated under subsection (3), the member shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine.

Authority of auxiliary members of police service

(5)  An auxiliary member of a police service has the authority of a police officer if he or she,

  (a)  is accompanied or supervised by a police officer, in accordance with the regulations and the procedures established by the chief of police; and

  (b)  is authorized to perform police duties by the chief of police.

Restriction

(6)  The chief of police may authorize an auxiliary member of the police service to perform police duties only in special circumstances, including an emergency, that the police officers of the police service are not sufficiently numerous to deal with.

Same

(7)  The chief of police may authorize an auxiliary member of the police service to possess or use firearms in the course of his or her duties only in exigent circumstances and subject to any regulations.

Oaths of office and secrecy

(8)  A person appointed to be an auxiliary member of a police service shall, at the time of his or her appointment, take oaths or affirmations of office and secrecy in the prescribed form.

Special Constables

Special constables

Appointment

119 (1)  A police service board or the Commissioner may appoint a person as a special constable if he or she,

  (a)  has an offer of employment to be employed as a special constable from, or is currently employed as a special constable by,

           (i)  the board or the Commissioner, or

          (ii)  a special constable employer located in the area for which the board or the Commissioner has policing responsibility;

  (b)  is a Canadian citizen or a permanent resident of Canada;

   (c)  is at least 18 years of age;

  (d)  is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public;

  (e)  is of good character;

   (f)  has completed the prescribed training or has been exempted from this requirement in accordance with the regulations;

  (g)  has a secondary school diploma;

  (h)  satisfies any additional educational criteria required by the regulations to be appointed for the purposes specified under clause (7) (c); and

    (i)  satisfies any additional prescribed criteria.

Exception

(2)  Clauses (1) (a), (b) and (g) do not apply to a person who provides policing under the law of another jurisdiction.

Effect of Tribunal’s order

(3)  An appointment under subsection (1) shall not be made if it is prohibited by an order of the Tribunal under paragraph 6 of subsection 87 (1) of the Policing Oversight Act, 2017 and must contain any terms, conditions or limitations required by an order under paragraph 5 of that subsection.

Effect of area of policing responsibility

(4)  A police service board or the Commissioner shall not appoint a person as a special constable if the special constable is likely to regularly perform his or her duties or exercise his or her powers outside of the area for which the board or the Commissioner has policing responsibility.

Exception

(5)  Subsection (4) does not apply if the police service board or the Commissioner has a written agreement with the entity that has policing responsibility for the area that,

  (a)  authorizes the board or the Commissioner to make such an appointment; and

  (b)  addresses any other prescribed matters.

Certificate of appointment

(6)  The police service board or the Commissioner shall issue a certificate of appointment to the person at the time of his or her appointment as a special constable.

Contents of certificate

(7)  The police service board or the Commissioner shall specify in the certificate of appointment,

  (a)  the name of the employer who may employ the appointee as a special constable;

  (b)  the term of the appointment, which must not be more than the prescribed period;

   (c)  the purposes for which the person may act as a special constable, from among those set out in the regulations;

  (d)  the powers of a police officer that the special constable may exercise, if any, to the extent and for the purposes specified in clause (c);

  (e)  any weapons or prescribed equipment that the special constable is authorized to possess or use in the course of his or her duties; and

   (f)  any other terms or conditions the police service board or the Commissioner consider appropriate.

Exception, special constable employer

(8)  If the special constable is appointed to be employed by a special constable employer, the police service board or the Commissioner shall ensure that the terms and conditions of the appointment are consistent with the special constable employer’s authorization.

Firearms

(9)  The certificate of appointment shall not authorize the special constable to possess or use a firearm in the course of his or her duties unless,

  (a)  the Minister approves of the authorization;

  (b)  the special constable provides policing in another jurisdiction and is authorized to possess or use a firearm in the course of his or her duties in that jurisdiction; or

   (c)  the special constable is authorized under a law of Canada to provide policing in Ontario and to possess or use a firearm in the course of his or her duties.

Reappointment

(10)  A special constable may be reappointed at the end of his or her term.

Automatic termination

(11)  A special constable’s appointment is terminated, without notice and without an opportunity to respond, if he or she ceases to be employed by the employer specified in the certificate of appointment.

Transition

(12)  The following rules apply to a person who held an appointment as a special constable under section 53 of the Police Services Act immediately before it was repealed:

    1.  The appointment continues under this Act and the special constable may, despite any other requirement in this section continue to act for the period, in the area and for the purpose set out in his or her appointment until the appointment expires or is terminated or until the special constable is reappointed.

    2.  Despite subsection 122 (6), the special constable shall continue to be subject to any restrictions on his or her use or possession of a firearm or any other equipment that were specified in his or her appointment until the appointment expires or is terminated or until the special constable is reappointed.

    3.  The appointment is deemed to expire three years after the day this subsection comes into force if it does not expire before then.

    4.  The person may be reappointed as a special constable even if he or she does not meet the educational requirements set out in clause (1) (g), and he or she may subsequently be reappointed one or more consecutive times without meeting those requirements.

Amendment to certificate of appointment

120 (1)  The police service board or the Commissioner may amend a special constable’s certificate of appointment, including imposing new terms and conditions or varying existing terms and conditions, after giving the special constable written notice and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine.

Amendment to special constable employer’s authorization

(2)  If an amendment to a special constable employer’s authorization under subsection 124 (6) requires that the special constable employees’ certificates of appointment be amended to be consistent with the authorization, the police service board or the Commissioner shall make the required amendments in accordance with subsection (1) of this section.

Suspension and termination of special constable appointment

121 (1)  A police service board or the Commissioner may suspend or terminate the appointment of a special constable who was appointed by the board or the Commissioner, as applicable.

Notice and opportunity to respond

(2)  Before a special constable’s appointment is terminated, he or she shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine.

Special constable duties

122 (1)  A person appointed as a special constable under section 119 may be employed as a special constable by the employer specified in the certificate of appointment.

Restriction

(2)  A special constable shall not be employed by a police service to perform all the duties of a police officer on a permanent basis, whether part-time or full-time.

Same

(3)  For greater certainty, subsection (2) does not prohibit police services from authorizing special constables to escort and convey persons in custody and to perform duties related to the responsibilities of police service boards under Part XII.

Oaths of office and secrecy

(4)  A special constable shall, at the time of his or her appointment, take oaths or affirmations of office and secrecy in the prescribed form.

Duties

(5)  A special constable shall,

  (a)  carry out his or her duties in accordance with the terms, conditions and purposes set out in the certificate of appointment;

  (b)  exercise any police powers conferred on him or her,

           (i)  only to the extent and for the specific purposes set out in the certificate of appointment, and

          (ii)  in accordance with the regulations, if any;

   (c)  comply with any investigations conducted by the Complaints Director, the SIU Director or the Inspector General;

  (d)  comply with the prescribed code of professional conduct; and

  (e)  perform such other duties as are assigned to him or her by or under this or any other Act, including any prescribed duties.

Firearms, weapons and other equipment

(6)  A special constable shall not possess or use a firearm, any other weapon or any other prescribed equipment in the course of his or her duties unless,

  (a)  the special constable’s certificate of appointment authorizes its possession or use; or

  (b)  the special constable is authorized under a law of Canada to provide policing in Ontario and to possess or use the firearm, other weapon or equipment in the course of his or her duties.

Notice if outside area of policing responsibility

123 (1)  Before a special constable performs a duty or exercises a power pursuant to his or her appointment in an area that is outside the area for which the police service board, or the Commissioner, that appointed the special constable has policing responsibility, the special constable shall give notice to the local commander of the police service that provides policing in the area.

Content of notice

(2)  The notice must include the terms and conditions imposed on the special constable’s certificate of appointment and a general description of the special constable’s duties.

Exception, agreement

(3)  Subsection (1) does not apply if the police service board, or the Commissioner, that appointed the special constable has a written agreement with the entity that has policing responsibility for the area that,

  (a)  authorizes the special constable to perform the duty or exercise the power in the area; and

  (b)  addresses any other prescribed matters.

Exception, notice impractical

(4)  If it is impractical for the special constable to give notice to the local commander before performing a duty or exercising a power in the area, the special constable shall provide notice as soon as reasonably possible after doing so.

Exception, RCMP

(5)  Subsection (1) does not apply to a special constable who is a member of the Royal Canadian Mounted Police.

Special Constable Employers

Authorization

124 (1)  A person may apply to the Minister for an authorization to employ special constables.

Application

(2)  The person shall make the application in the prescribed form and include the prescribed information, if any.

Issuance of authorization

(3)  If the applicant meets the prescribed requirements, the Minister may issue an authorization to employ special constables to the applicant and may impose any terms or conditions on the authorization that the Minister considers appropriate.

Factors to be considered

(4)  In considering whether to issue an authorization under this section, the Minister shall take into consideration the prescribed factors, if any.

Written reasons if no authorization issued

(5)  If the Minister decides not to issue an authorization to the applicant, the Minister shall provide the applicant with written reasons for the decision.

Terms and conditions may be varied

(6)  The Minister may impose new terms and conditions or vary any existing terms and conditions of an authorization after giving the special constable employer written notice and an opportunity to respond orally or in writing, as the Minister may determine.

Notice to police service board or the Commissioner

(7)  If the Minister imposes new terms and conditions on a special constable employer’s authorization or varies any existing terms and conditions, the special constable employer shall notify every police service board, or the Commissioner, who appointed a special constable employee of the employer of the changes.

Notice to Minister

(8)  A special constable employer shall notify the Minister of any changes in the information provided to the Minister in the employer’s application for an authorization to employ special constables or of any changes that affect the person’s ability to meet the prescribed requirements.

Duties of special constable employer

125 (1)  A special constable employer shall,

  (a)  comply with the terms and conditions of the authorization; and

  (b)  perform such other duties as are assigned to it by or under this or any other Act, including any prescribed duties.

Investigation of conduct

(2)  If a special constable employed by a special constable employer appears to have engaged in conduct that constitutes professional misconduct, contravened the terms and conditions of his or her certificate of appointment or contravened any other provision of this Act or the regulations, the special constable employer shall,

  (a)  investigate the conduct and determine if it constitutes such a contravention;

  (b)  report the contravention or alleged contravention to the police service board, or the Commissioner, that appointed the special constable; and

   (c)  take appropriate action to remedy the contravention.

Requiring or permitting contraventions

(3)  A special constable employer shall not require or permit a special constable to engage in conduct that constitutes professional misconduct, a contravention of the terms and conditions of his or her certificate of appointment or any other contravention of this Act or the regulations.

Compliance with investigation

(4)  A special constable employer shall comply with any investigations conducted by the Complaints Director, the SIU Director or the Inspector General.

Notice to police service board or the Commissioner

(5)  A special constable employer shall notify the police service board, or the Commissioner, who appointed a special constable employee of the employer if,

  (a)  there is any change to the employment status of the special constable employee; or

  (b)  the special constable employer becomes aware of any information that might reasonably affect an assessment of whether the special constable is of good character or is physically and mentally able to perform the duties of the position.

Suspension or termination of authorization to employ

126 (1)  Subject to subsection (2), the Minister may suspend or terminate a special constable employer’s authorization if,

  (a)  the employer provided false or misleading information under this Act or the regulations;

  (b)  the employer failed to act in accordance with the terms and conditions of the authorization;

   (c)  in the Minister’s opinion, the employer did not take appropriate action when the employer knew or ought reasonably to have known that his, her or its special constable employee contravened the terms and conditions of his or her certificate of appointment or contravened any other provision of this Act or the regulations;

  (d)  the employer no longer meets the prescribed requirements for issuing the authorization;

  (e)  the employer failed to comply with a direction issued by the Inspector General under section 101;

   (f)  the employer is not in compliance with any other provision of this Act or the regulations; or

  (g)  in the Minister’s opinion, the authorization is not in the public interest.

Opportunity to respond

(2)  Before suspending or terminating an authorization, the Minister shall give the special constable employer written notice and an opportunity to respond orally or in writing, as the Minister may determine.

Notification

(3)  The Minister must notify the special constable employer in writing of any decision to suspend or terminate his or her authorization to employ special constables as soon as possible.

Special Constables Holding Out as Police Officers

Holding out as police officer

127 (1)  No special constable shall hold himself or herself out as a police officer.

Same, employer

(2)  No special constable employer shall hold his, her or its special constables out as police officers.

Same, use of terminology

(3)  No special constable employer shall use the terms “police”, “police service”, “police force” or any similar term to describe his, her or its special constables.

Exception

(4)  Subsections (1), (2) and (3) do not apply with respect to a special constable who is appointed or employed as a police officer under the law of another jurisdiction.

Same

(5)  Subsection (3) does not apply to a special constable employer who employs First Nation Officers.

Same

(6)  Subsection (3) does not apply to a special constable employer exempted under paragraph 17 of subsection 200 (2).

Offence

(7)  A special constable employer or special constable who contravenes subsection (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $50,000.

First Nation Officers

First Nation Officers

128 (1)  The Commissioner may appoint a First Nation Officer to perform specified duties.

Further approval

(2)  If the specified duties of a First Nation Officer relate to a First Nation territory, the appointment also requires the approval of the territory’s police governing authority or band council.

Powers of police officer

(3)  A First Nation Officer is a peace officer and has the powers of a police officer for the purpose of carrying out his or her specified duties.

Duty to consult

(4)  The Commissioner shall not suspend or terminate the appointment of a First Nation Officer whose specified duties relate to a First Nation territory without first consulting with the police governing authority or band council that approved the appointment.

Suspension or termination of appointment

(5)  The power to appoint a First Nation Officer includes the power to suspend or terminate the appointment.

Notice and opportunity to respond

(6)  Before a First Nation Officer’s appointment is terminated, he or she shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the Commissioner may determine.

Oaths of office and secrecy

(7)  A person appointed to be a First Nation Officer shall, at the time of his or her appointment, take oaths or affirmations of office and secrecy in the prescribed form.

Transition

(8)  A person who held an appointment as a First Nation Constable under section 54 of the Police Services Act immediately before it was repealed shall be deemed to be appointed as a First Nation Officer on the day this subsection comes into force.

Part VIII
Right to Report Professional Misconduct

Application

Disclosure despite conflict with other Acts

129 (1)  Subject to subsection (2), a right under this Part to make a disclosure prevails over anything provided under any other Act, or otherwise at law, that prohibits the disclosure.

Restriction on disclosure

(2)  Nothing in this Part authorizes a disclosure of anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

Same

(3)  Nothing in this Part shall be interpreted to limit any right that a person to whom this Part applies may have under any other Act, or otherwise at law, to disclose information about professional misconduct.

Disclosure Procedures

Disclosure procedures

Chief of police

130 (1)  Every chief of police shall establish written procedures regarding the disclosure of professional misconduct that is alleged to have been engaged in by members of its police service, other than by the chief of police or deputy chief of police.

Police service board

(2)  Every police service board shall establish written procedures regarding the disclosure of professional misconduct that is alleged to have been engaged in by the chief of police or deputy chief of police of the police service.

Minister

(3)  The Minister shall establish written procedures regarding the disclosure of professional misconduct that is alleged to have been engaged in by the Commissioner or a deputy Commissioner.

Special constable employers

(4)  Every special constable employer shall establish written procedures regarding the disclosure of professional misconduct that is alleged to have been engaged in by a special constable employed by the employer.

Contents of procedures

(5)  Without limiting the generality of subsections (1), (2), (3) and (4), the procedures under those subsections shall,

  (a)  address how a member or former member of the police service, or an employee or former employee of the special constable employer, may make disclosures of professional misconduct, including giving directions as to the persons to whom disclosures may be made;

  (b)  establish procedures to protect the identities of persons involved in the disclosure process, including persons who make disclosures, witnesses and persons alleged to be responsible for professional misconduct; and

   (c)  provide for exceptions to be made to procedures described in clause (b) where the interests of fairness require that a person’s identity be disclosed to one or more persons.

Members of police service to be informed

(6)  Every chief of police shall ensure that members of the police service are familiar with the procedures referred to in subsection (1), (2) or (3), as applicable, and the protections from reprisals for disclosing professional misconduct.

Employees of special constable employer to be informed

(7)  Every special constable employer shall ensure that his or her employees are familiar with the procedures referred to in subsection (4) and the protections from reprisals for disclosing professional misconduct.

Reporting of professional misconduct

131 (1)  If a member or former member of a police service has reason to believe that another member of the police service has engaged in conduct that constitutes professional misconduct, he or she may disclose the professional misconduct in accordance with the applicable procedure established under subsection 130 (1), (2) or (3).

Special constable

(2)  If a special constable employed by, or formerly employed by, a special constable employer has reason to believe that another special constable employer has engaged in conduct that constitutes professional misconduct, he or she may disclose the professional misconduct in accordance with the applicable procedure established under subsection 130 (4).

Disclosure to the Inspector General

Disclosure to Inspector General

132 A member of a police service or a special constable employed by a special constable employer may disclose professional misconduct to the Inspector General if,

  (a)  the member or special constable has reason to believe that it would not be appropriate to disclose the professional misconduct in accordance with the procedures established under section 130;

  (b)  the member or special constable has already disclosed the professional misconduct in accordance with the procedures established under section 130 and has concerns that the matter is not being dealt with appropriately; or

   (c)  the applicable procedure has not been established under section 130.

Initial assessment by Inspector General

133 (1)  The Inspector General shall refuse to deal with a disclosure of professional misconduct under section 132 if one or more of the following circumstances apply:

    1.  The subject matter of the disclosure is being dealt with by another person or body as a matter of law enforcement or in accordance with a procedure established under this or any other Act.

    2.  The subject matter of the disclosure is an employment or labour relations matter that could be dealt with through a dispute resolution mechanism, including a grievance procedure, established under this or any other Act, under a collective agreement or under an agreement of another kind.

    3.  The disclosure is frivolous, vexatious or made in bad faith.

    4.  There has been a substantial delay between the disclosure and the incidents that are the subject matter of the disclosure.

    5.  Any other prescribed circumstances exist.

    6.  There is a valid reason, other than a circumstance described in paragraphs 1 to 5, for not dealing with the disclosure.

Inform discloser

(2)  If the Inspector General refuses to deal with a disclosure of professional misconduct, he or she shall so inform the person who made the disclosure and may provide reasons for the refusal.

Referral by Inspector General

134 (1)  This section applies where the Inspector General receives a disclosure of professional misconduct under section 132 and does not refuse to deal with the disclosure under section 133.

Same

(2)  The Inspector General shall provide the Complaints Director with,

  (a)  a written summary of the disclosure; and

  (b)  any other information that the Inspector General has received in relation to the matter that the Inspector General believes may assist in dealing with the matter.

Inform discloser

(3)  If the Inspector General receives notice from the Complaints Director that the Director refuses to investigate a disclosure of professional misconduct, the Inspector General shall so inform the person who made the disclosure.

Protection from Reprisals

No reprisals

135 (1)  No person shall take a reprisal against a member of a police service or special constable employed by a special constable employer because he or she has,

  (a)  sought advice about making a disclosure about professional misconduct in accordance with this Part;

  (b)  made a disclosure about professional misconduct in accordance with this Part;

   (c)  co-operated in an investigation or other process related to a disclosure of professional misconduct made in accordance with this Part; or

  (d)  sought enforcement of this Part.

Same

(2)  For the purposes of subsection (1), a reprisal is any measure taken against a member of a police service or special constable employed by a special constable employer that adversely affects his or her employment or appointment and includes but is not limited to,

  (a)  terminating or threatening to terminate the person’s employment or appointment;

  (b)  disciplining or suspending or threatening to discipline or suspend the person;

   (c)  imposing or threatening to impose a penalty related to the employment or appointment of the person; or

  (d)  intimidating or coercing the person in relation to his or her employment or appointment.

Complaint about reprisal

136 (1)  A member or former member of a police service or special constable employed or formerly employed by a special constable employer may complain under this section that he or she has suffered a reprisal prohibited by section 135 by a police service board, a member of a police service, a special constable employer or a person acting on behalf of one of those.

Request to determine matter

(2)  The member, former member, special constable or former special constable shall apply to the chair of the Arbitration Commission to appoint an arbitrator to decide the matter.

Parties

(3)  The member, former member, special constable or former special constable and the person or entity complained of are the parties to the arbitration.

Order

(4)  If the arbitrator determines that a reprisal has been taken in contravention of section 135, the arbitrator may make an order that it considers just and reasonable in the circumstances directing the police service board, member of the police service or special constable employer, or person acting on behalf of one of those, to do or refrain from doing anything in relation to the contravention.

Same

(5)  Without limiting the generality of subsection (4), an order under that subsection may direct that the person or entity do one or more of the following:

    1.  Cease doing an act or acts complained of under subsection (1).

    2.  Take steps to rectify harm related to a complaint under subsection (1).

    3.  Reinstate the employment of a person whose employment was terminated or reappoint a person whose appointment was terminated.

    4.  Compensate the person for loss of any remuneration, including benefits.

Same

(6)  An arbitrator may not make an order under subsection (4) for punitive damages or for costs.

Burden of proof

(7)  In an arbitration under this section, the burden of proof that the police service board, member of the police service or special constable employer, or person acting on behalf of one of those, did not act contrary to section 135 lies on the police service board, member of the police service, special constable employer or person acting on behalf of one of those.

Part IX
DisciPline and Dismissal

Non-Application

Non-application

137 This Part does not apply to police officers appointed under the Interprovincial Policing Act, 2009.

Agreements

138 Nothing in this Part affects agreements between police service boards and police officers or police associations that permit penalties or actions in addition to those set out in this Part if the police officer in question consents.

Procedures

Assessment and discipline procedures

139 (1)  Every chief of police shall establish written procedures for,

  (a)  the assessment of the work performance of members of the police service; and

  (b)  the imposition of disciplinary measures on members of the police service.

Procedures to be made available

(2)  The chief of police shall make the procedures available to the members of the police service and any police associations representing those members.

Professional Misconduct

Professional misconduct

140 A police officer or special constable engages in conduct that constitutes professional misconduct if he or she,

  (a)  contravenes the applicable code of professional conduct;

  (b)  fails to respond to an inspector’s reasonable inquiries as required under section 93;

   (c)  contravenes section 105 or 141;

  (d)  fails to comply with a direction or request as required under subsection 33 (1) or 100 (1) of the Policing Oversight Act, 2017;

  (e)  deliberately fails to comply with a requirement to notify the SIU Director as required under section 17 of the Policing Oversight Act, 2017; or

   (f)  contravenes section 101 of the Policing Oversight Act, 2017.

Inducing professional misconduct and withholding services

141 (1)  No person shall,

  (a)  induce or attempt to induce a member of a police service to withhold his or her services; or

  (b)  induce or attempt to induce a police officer or special constable to engage in conduct that constitutes professional misconduct.

Withholding services

(2)  No member of a police service shall withhold his or her services.

Offence

(3)  A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

Mandatory Notice of Professional Misconduct

Duty to provide notice to Complaints Director

142 (1)  If a chief of police becomes aware that a member of his or her police service who is a special constable or a police officer, other than a deputy chief of police, may have engaged in conduct that constitutes professional misconduct, whether during the conduct of an investigation or otherwise, the chief shall, in prescribed circumstances, provide notice of the misconduct to the Complaints Director.

Duty, police service board

(2)  If a police service board becomes aware that a chief of police or deputy chief of police of a police service maintained by the board may have engaged in conduct that constitutes professional misconduct, whether during the conduct of an investigation or otherwise, the board shall, in prescribed circumstances, provide notice of the misconduct to the Complaints Director.

Duty, Minister

(3)  If the Minister becomes aware that the Commissioner or a deputy Commissioner may have engaged in conduct that constitutes professional misconduct, whether during the conduct of an investigation or otherwise, the Minister shall, in prescribed circumstances, provide notice of the misconduct to the Complaints Director.

Investigations

Investigation by chief of police

143 (1)  A chief of police may conduct an investigation in order to determine if a police officer who is a member of the chief’s police service, other than a deputy chief of police, has engaged in conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance.

Request to investigate

(2)  The chief of police may request that any person investigate a police officer, other than a deputy chief of police, and report back for the purposes set out in subsection (1).

Exception

(3)  The chief of police may not make a request under subsection (2) to the Complaints Director.

Notice

(4)  A chief of police who conducts an investigation under this section shall promptly give notice of the substance of the reason for the investigation to the police officer unless, in the chief of police’s opinion, to do so might prejudice the investigation.

Chief of police or deputy chief of police

(5)  A police service board may conduct an investigation in order to determine if a chief of police or deputy chief of police of a police service maintained by the police service board has engaged in conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance, and subsections (1) to (4) apply to the investigation with necessary modifications.

Commissioner or deputy Commissioner

(6)  The Minister may conduct an investigation in order to determine if the Commissioner or a deputy Commissioner has engaged in conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance, and subsections (1) to (4) apply to the investigation with necessary modifications.

Disciplinary Measures

Suspension, forfeit of pay, reprimands, etc.

144 (1)  Subject to section 145, a chief of police may impose any combination of the following disciplinary measures on a police officer who is a member of the chief’s police service, other than a deputy chief of police, for professional misconduct, workplace misconduct or unsatisfactory work performance:

    1.  Suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be.

    2.  Direct that the police officer forfeit not more than three days or 24 hours pay, as the case may be.

    3.  Direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be.

    4.  Reprimand the police officer.

    5.  Direct that the police officer undergo specified counselling, treatment or training.

    6.  Direct that the police officer participate in a specified program or activity.

Calculation

(2)  A disciplinary measure imposed under paragraph 1, 2 or 3 of subsection (1) shall be calculated in terms of days if the police officer normally works eight hours a day or less and in terms of hours if he or she normally works more than eight hours a day. 

Same

(3)  A police officer may elect to satisfy a disciplinary measure imposed under paragraph 2 of subsection (1) by working without pay or by applying the amount to his or her vacation or overtime credits or entitlements.

Same, chief of police or deputy chief of police

(4)  Subject to section 145, a police service board may impose disciplinary measures on a chief of police or deputy chief of police of a police service maintained by the police service board for professional misconduct, workplace misconduct or unsatisfactory work performance and subsections (1), (2) and (3) of this section apply with respect to those measures, with necessary modifications.

Same, Commissioner or deputy Commissioner

(5)  Subject to section 145, the Minister, with the approval of the Lieutenant Governor in Council, may impose disciplinary measures on the Commissioner or a deputy Commissioner for professional misconduct, workplace misconduct or unsatisfactory work performance and subsections (1), (2) and (3) of this section apply with respect to those measures, with necessary modifications.

Procedure and hearings

145 (1)  Before imposing a disciplinary measure under section 144, the chief of police, police service board or Minister, as the case may be, shall,

  (a)  provide written notice stating the reasons for imposing the disciplinary measure to the police officer;

  (b)  give the police officer an opportunity to respond to the notice provided under clause (a), orally or in writing, as the chief of police, police service board or Minister may determine; and

   (c)  comply with any other prescribed requirements.

Unsatisfactory work performance — additional requirements

(2)  Before a chief of police provides notice under clause (1) (a) of a proposed disciplinary measure on a police officer for engaging in conduct that constitutes unsatisfactory work performance, the chief shall,

  (a)  ensure that the police officer’s work performance has been assessed in accordance with the procedures established under subsection 139 (1);

  (b)  advise the police officer of how he or she may improve his or her work performance;

   (c)  accommodate the police officer’s needs in accordance with the Human Rights Code if the police officer has a disability, within the meaning of the Human Rights Code, that requires accommodation;

  (d)  recommend that the police officer seek remedial assistance, such as counselling, training or participation in a program or activity, if the chief of police is of the opinion that it would improve the police officer’s work performance; and

  (e)  give the police officer a reasonable opportunity to improve his or her work performance.

Consent to disciplinary measure

(3)  The police officer referred to in clause (1) (a) may consent to the imposition of the disciplinary measure after receiving the notice and, if such a consent is given, the police officer shall not request a hearing regarding the disciplinary measure under subsection (6).

Consent may be withdrawn

(4)  A police officer who consents to the imposition of a disciplinary measure under subsection (3) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given.

Exercise of powers

(5)  After complying with subsection (1) and, if applicable, subsection (2) and considering the response, if any, the chief of police, police service board or Minister may implement the proposed disciplinary measure, impose a lesser disciplinary measure or rescind his or her intention to implement it.

Hearing

(6)  The police officer who is the subject of the disciplinary measure may request a hearing regarding the disciplinary measure by submitting written notice to the Tribunal and to the chief of police, police service board or Minister, as applicable, within the prescribed period of time.

Parties

(7)  The police officer and the chief of police, police service board or Minister, as applicable, are the parties to the hearing.

Hearing does not operate as a stay

(8)  A hearing does not operate to stay the disciplinary measure.

Settlement

(9)  The police officer and the chief of police, police service board or Minister, as applicable, may settle the matter and the settlement may provide for the imposition of a disciplinary measure set out in subsection 144 (1).

Order

(10)  If the Tribunal determines that the chief of police, police service board or Minister, as applicable, has not shown, on the balance of probabilities, that the disciplinary measure imposed is appropriate, the Tribunal may make an order overturning the decision to impose the measure or substituting a different disciplinary measure set out in subsection 144 (1).

If overturned

(11)  If the Tribunal overturns the decision to impose the disciplinary measure, the chief of police, police service board or Minister, as applicable, shall ensure that the police officer is reimbursed for any lost pay, days or hours, as applicable.

Termination of employment or demotion

146 (1)  If a chief of police believes that a police officer who is a member of the chief’s police service, other than a deputy chief of police, has engaged in conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance and that the appropriate disciplinary measure is demotion or termination of the officer’s employment, the chief of police may apply to the Tribunal to hold a hearing on the matter.

Notice

(2)  The chief of police shall provide written notice of the application to the police officer.

Parties

(3)  The chief of police and the police officer are the parties to the hearing.

Settlement

(4)  The chief of police and police officer may settle the matter, and the settlement may provide for the imposition of a disciplinary measure set out in subsection (5).

Order

(5)  If the Tribunal determines that the chief of police has shown, on the balance of probabilities, that the police officer has engaged in conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance and that demotion or termination of the officer’s employment is an appropriate response, the Tribunal may make an order to impose one of the following disciplinary measures:

    1.  Terminate the police officer’s employment.

    2.  Direct that the police officer’s employment be terminated in seven days unless he or she resigns before that time.

    3.  Demote the police officer, specifying the manner and period of the demotion.

    4.  Impose a disciplinary measure set out in subsection 144 (1).

Provisions applying to certain disciplinary measures

(6)  Subsections 144 (2) and (3) apply with necessary modifications to disciplinary measures imposed under paragraph 4 of subsection (5).

Chief of police or deputy chief of police

(7)  A police service board may apply to the Tribunal to hold a hearing respecting the demotion or termination of employment of a chief of police or deputy chief of police of a police service maintained by the police service board.

Same

(8)  Subsections (1), (2) and (4) to (6) apply, with necessary modifications, to an application under subsection (7) and the police service board and the chief of police or deputy chief of police, as applicable, are parties to the hearing.

Commissioner or deputy Commissioner

(9)  The Minister, with the approval of the Lieutenant Governor in Council, may apply to the Tribunal to hold a hearing respecting the demotion or termination of employment of the Commissioner or a deputy Commissioner.

Same

(10)  Subsections (1), (2) and (4) to (6) apply, with necessary modifications, to an application under subsection (9) and the Minister and the Commissioner or deputy Commissioner, as applicable, are parties to the hearing.

Appeal to Divisional Court

147 (1)  A party to a hearing held by the Tribunal under section 145 or 146 may appeal the Tribunal’s decision to the Divisional Court within 30 days of receiving notice of the Tribunal’s decision.

Notice to Minister

(2)  The appealing party shall provide notice of the appeal to the Minister, and the Minister is entitled to be heard, by counsel or otherwise, on the argument of the appeal.

Not question of fact alone

(3)  An appeal shall not be made on a question of fact alone.

Appeal does not operate as a stay

(4)  An appeal does not operate to stay the disciplinary measure under appeal.

Limitation on Investigations and Discipline

Limitation on investigations, discipline

148 (1)  During the time period described in subsection (3) relating to a matter, the chief of police and the police service board or Minister, as applicable, shall not,

  (a)  investigate the matter under section 143, subject to subsection (4) of this section;

  (b)  impose disciplinary measures with respect to the matter under section 144; or

   (c)  make an application with respect to the matter under section 146.

Same

(2)  During the time period described in subsection (3), the Tribunal may continue to hear a proceeding that was commenced under section 146 if the hearing commenced before the beginning of that time period.

Time period

(3)  The time periods referred to in subsections (1) and (2) are the following:

    1.  The time period,

            i.  beginning on the day the SIU Director causes the matter to be investigated, and

           ii.  ending on the day the SIU Director, or the chief of police to whom the matter is referred under subsection 19 (1) of the Policing Oversight Act, 2017, determines that charges will or will not be laid with respect to the matter.

    2.  The time period,

            i.  beginning on the day the chief of police, police service board or Minister,

                  A.  provides notice of the professional misconduct to the Complaints Director under section 142, or

                  B.  receives notice from the Complaints Director indicating that he or she will investigate the matter, and

           ii.  ending on the day the chief of police, police service board or Minister receives notice,

                  A.  if applicable, that the Complaints Director will not cause an investigation of the matter to be conducted,

                  B.  that the investigation will be discontinued, or

                  C.  that the Complaints Director does not have reasonable grounds to believe that the conduct of the police officer or special constable who was the subject of the investigation constitutes professional misconduct.

Investigation of matter

(4)  The chief of police, police service board or the Minister may continue to investigate the matter under section 143 of this Act if he, she or it gives notice under subsection 88 (3) of the Policing Oversight Act, 2017 that he, she or it will make submissions regarding the ordering of a penalty in relation to the matter.

No further action in respect of matter

(5)  The chief of police, police service board or Minister shall not take any of the actions listed in subsection (1) in respect of a matter if,

  (a)  the matter has been resolved under section 80 of the Policing Oversight Act, 2017; or

  (b)  the Tribunal has determined whether it will or will not make an order under section 87 of the Policing Oversight Act, 2017 with respect to the matter.

Exception

(6)  Subsection (1) does not limit,

  (a)  an investigation conducted for the purpose of determining whether to impose a suspension without pay under section 151; or

  (b)  the imposition of a suspension without pay under section 151.

Implementation of informal resolution agreement

149 If the Complaints Director directs a chief of police, a police service board or the Minister to impose a disciplinary measure listed in subsection 144 (1) or 146 (1),

  (a)  the chief of police, board or Minister shall comply with the direction;

  (b)  in the case of a disciplinary measure listed under subsection 144 (1), section 145 does not apply to the imposition of the measure; and

   (c)  in the case of a disciplinary measure listed in subsection 146 (1), the disciplinary measure may, despite section 146, be imposed without a hearing before the Tribunal.

Suspension

Suspension with pay

150 (1)  A chief of police may suspend a police officer who is a member of the chief’s police service, other than a deputy chief of police, with pay, pending the final disposition of a proceeding under this Part or under the Policing Oversight Act, 2017.

Other required duties

(2)  The suspension may require the police officer to perform duties that do not involve exercising the powers or performing the duties of a police officer.

Notice

(3)  The chief of police shall provide written notice of the suspension to the police officer.

Revocation

(4)  The chief of police may revoke the suspension at any time.

Re-imposition

(5)  The chief of police may re-impose a suspension, repeatedly if necessary, as the chief of police considers appropriate, as long as the circumstances set out in subsection (1) continue to be met. 

Earnings from other employment

(6)  If a police officer is suspended with pay and is not performing duties as required by the chief of police under subsection (2), the pay for the period of suspension shall be reduced by the amount that he or she earns from other employment during that period.

Exception

(7)  Subsection (6) does not apply to earnings from other employment that was commenced before the period of suspension, but does apply to earnings generated from additional hours that the employee works during the period of suspension.

Chief of police or deputy chief of police

(8)  A police service board may suspend a chief of police or deputy chief of police of a police service maintained by the police service board with pay, and subsections (1) to (7) apply to the suspension with necessary modifications.

Commissioner or deputy Commissioner

(9)  The Minister may suspend the Commissioner or a deputy Commissioner with pay, and subsections (1) to (7) apply to the suspension with necessary modifications.

Suspension without pay

151 (1)  A chief of police may suspend a police officer who is a member of the chief’s police service, other than a deputy chief of police, without pay in the following circumstances:

    1.  The police officer is convicted of an offence and sentenced to a term of imprisonment, even if the conviction or sentence is under appeal.

    2.  The police officer is in custody or is subject to conditions of judicial interim release that prevent the officer from performing the usual duties of a police officer.

    3.  The police officer is charged with a serious offence, as defined in the regulations, under a law of Canada and,

            i.  the alleged offence was not committed in relation to the performance of the officer’s duties,

           ii.  the chief of police,

                  A.  has commenced proceedings to seek termination of the police officer’s employment in relation to the events that led to the charges, or

                  B.  has given notice to the police officer that the chief intends to commence such proceedings but is prevented from doing so by section 148,

          iii.  the likely outcome of the proceedings would be, if the events leading to the charges were proven, that the officer’s employment would be terminated, and

          iv.  a failure to suspend the officer without pay would bring discredit to the reputation of the police service.

Unable to perform duties

(2)  A suspension without pay imposed under paragraph 2 of subsection (1) on a police officer who is subject to conditions of judicial interim release ends once the police officer is able to perform the usual duties of a police officer again.

Non-application of other sections

(3)  Sections 144 and 145 do not apply to a suspension without pay imposed under this section.

Notice

(4)  The chief of police shall provide written notice of a suspension without pay to the police officer.

Revocation

(5)  The chief of police may revoke a suspension without pay at any time.

Disentitlement to pay

(6)  During a suspension without pay, the police officer is not entitled to receive a salary, wages or other remuneration, but is entitled to continue to receive any benefits the officer would otherwise be entitled to.

Pension credit

(7)  Despite subsection (6), a police officer shall not accrue pension credit in respect of the period of suspension without pay.

Restrictions on activities that constitute full-time employment do not apply

(8)  Clause 116 (1) (c) does not apply to the police officer during the period of suspension without pay.

Effective date of suspension without pay

(9)  A suspension without pay takes effect as follows:

    1.  For a suspension under paragraph 1 or 2 of subsection (1), on the day the chief of police provides written notice of the suspension to the police officer.

    2.  For a suspension under paragraph 3 of subsection (1), on the 60th day after the day the chief of police provides written notice of the suspension to the police officer.

Hearing for certain suspensions without pay

(10)  A police officer may apply to the Tribunal to hold a hearing respecting a decision to impose a suspension without pay by submitting written notice to the Tribunal and the chief of police within the prescribed period of time if,

  (a)  the suspension is under paragraph 2 of subsection (1) and the officer believes that the conditions of judicial interim release to which he or she is subject do not prevent him or her from performing the usual duties of a police officer; or

  (b)  the suspension is under paragraph 3 of subsection (1).

Same

(11)  A hearing under subsection (10) shall be dealt with on an expedited basis in accordance with the Tribunal’s rules.

Parties

(12)  The police officer and the chief of police are the parties to the hearing.

Some hearings operate as stays

(13)  If a decision to impose a suspension without pay under paragraph 3 of subsection (1) is the subject of a hearing before the Tribunal, the suspension is stayed from the time notice of the hearing is served on the chief of police until the Tribunal disposes of the matter.

Order

(14)  The Tribunal may make an order overturning the decision to impose the suspension without pay if it determines that the police officer has shown, on the balance of probabilities, that the criteria for imposing the suspension without pay were not met.

Delay

(15)  If the Tribunal finds that a party is acting in bad faith for the purpose of delaying the hearing, the Tribunal may make such interim orders as it considers appropriate, including imposing a suspension without pay for such time as the Tribunal believes appropriate to remedy the delay.

If overturned

(16)  If the Tribunal overturns the decision to suspend the police officer without pay,

  (a)  the suspension without pay ends;

  (b)  the chief of police shall ensure that the police officer is compensated for the loss of any salary, wages or other remuneration; and

   (c)  subsection (7) shall not apply with respect to any period of the suspension.

Chief of police or deputy chief of police

(17)  A police service board may suspend a chief of police or deputy chief of police of a police service maintained by the police service board without pay.

Same

(18)  Subsections (1) to (11) and (13) to (16) apply, with necessary modifications, to a suspension under subsection (17) and the police service board and the chief of police or deputy chief of police, as applicable, are parties to any hearing under subsection (10).

Commissioner or deputy Commissioner

(19)  The Minister, with the approval of the Lieutenant Governor in Council, may suspend the Commissioner or a deputy Commissioner without pay.

Same

(20)  Subsections (1) to (11) and (13) to (16) apply, with necessary modifications, to a suspension under subsection (19) and the Minister and the Commissioner or deputy Commissioner, as applicable, are parties to any hearing under subsection (10).

Powers on suspension

152 While suspended with or without pay, a police officer shall not exercise any of the powers vested in him or her as a police officer or wear or use clothing or equipment that was issued to him or her in that capacity.

Dismissal of Probationary Police Officers

Termination of employment during probationary period

153 (1)  A chief of police may terminate a police officer’s employment at any time during his or her probationary period but, before doing so, shall give the police officer written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the chief may determine.

Non-application

(2)  Section 146 does not apply to the termination of the employment of a police officer during his or her probationary period.

Miscellaneous

Application of Statutory Powers Procedure Act

154 In the event of a conflict between the Statutory Powers Procedure Act and this Part, or the regulations made under this Part, regarding a proceeding before the Tribunal, this Part and the regulations prevail to the extent of the conflict.

Reports of chief of police

155 (1)  A chief of police shall report, in accordance with the regulations, to the police service board or, in the case of the Commissioner, to the Minister regarding the aggregate disciplinary measures the chief has taken under this Part.

Publication and forwarding of reports

(2)  The board and Minister shall,

  (a)  publish the reports in accordance with the regulations; and

  (b)  forward the reports to the Complaints Director in accordance with the regulations.

Police officer not required to give evidence

156 (1)  A police officer who is the subject of the hearing under this Part shall not be required to give evidence at the hearing.

Testimony in civil proceedings

(2)  No person shall be required to testify in a civil proceeding with regard to information obtained in the course of an investigation conducted under this Part, except at,

  (a)  a hearing held under this Part;

  (b)  a hearing held under Part IV of the Policing Oversight Act, 2017 or a predecessor of that Part; or

   (c)  a discipline proceeding for a member of a police service who is not a police officer.

Admissibility of documents

(3)  No document prepared as the result of an investigation conducted under this Part is admissible in a civil proceeding, except at a proceeding set out in subsection (2).

Transition

Transition

157 Despite this Part, complaints made under Part V of the Police Services Act, as it read immediately before its repeal, shall continue to be dealt with in accordance with that Act as it read immediately before its repeal.

PART X
LABOUR RELATIONS

Definition and Application

Definition, Part X

158 In this Part,

“senior officer” means a member of a police service who has the rank of inspector or higher or is employed in a supervisory or confidential capacity.

Exclusions

O.P.P.

159 (1)  This Part, except section 160, does not apply to the Ontario Provincial Police.

Chief of police and deputy

(2)  The working conditions and remuneration of the chief of police and deputy chief of police of a police service shall be determined under clause 37 (1) (d) and not under this Part.

Interprovincial officers and auxiliary members

(3)  This Part does not apply to,

  (a)  a police officer appointed under the Interprovincial Policing Act, 2009; or

  (b)  an auxiliary member of a police service.

Membership and Status

Membership in trade union prohibited, exception

160 A member of a police service shall not become or remain a member of a trade union or of an organization that is affiliated directly or indirectly with a trade union, unless the membership is required for secondary activities and the member notifies his or her chief of police of the membership.

Dispute re person’s status

161 If there is a dispute as to whether a person is a member of a police service or a dispute as to whether a person is a senior officer, any affected person may apply to the chair of the Arbitration Commission to appoint an arbitrator to decide the matter.

Bargaining and Arbitration

Separate bargaining, etc., separate categories

162 (1)  If a majority of the members of a police service, or a police association that is entitled to give notices of desire to bargain, assigns the members of the police service to different categories for the purposes of this Part, bargaining, conciliation and arbitration shall be carried on as if each category were a separate police service.

Senior officers

(2)  If at least 50 per cent of the senior officers of a police service belong to a police association composed only of senior officers, bargaining, conciliation and arbitration shall be carried on as if the senior officers were a separate police service.

Restriction

(3)  If there is a dispute as to whether bargaining, conciliation and arbitration should be carried on with more than two categories within a police service (apart from senior officers), any affected person may apply to the chair of the Arbitration Commission to appoint an arbitrator to decide the matter.

Notice of desire to bargain

163 (1)  If no agreement exists, or at any time after 90 days before an agreement would expire but for section 173, a majority of the members of a police service may give the police service board notice in writing of their desire to bargain with a view to making an agreement, renewing the existing agreement, with or without modifications, or making a new agreement.

Bargaining

(2)  Within 15 days after the notice of desire to bargain is given or within the longer period that the parties agree upon, the police service board shall meet with a bargaining committee of the members of the police service.

Same

(3)  The parties shall bargain in good faith and make every reasonable effort to come to an agreement dealing with the remuneration, pensions, sick leave credit gratuities and grievance procedures of the members of the police service and, subject to section 170, their working conditions.

Filing of agreement

(4)  The police service board shall promptly file a copy of any agreement with the Arbitration Commission.

Police association

(5)  If at least 50 per cent of the members of the police service belong to a police association, it shall give the notice of desire to bargain.

Municipal plans, notice to Minister

(6)  If the notice of desire to bargain involves pensions under a pension plan established or to be established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, it shall also be given to the Minister of Municipal Affairs, who may determine the maximum pension benefits that may be included in any agreement or award with respect to the pension plan.

Bargaining committee

164 (1)  The members of the bargaining committee shall be members of the police service.

Legal counsel and advisors

(2)  Legal counsel and advisors to the bargaining committee and to the police service board may participate in the bargaining sessions.

Police organization

(3)  If the notice of desire to bargain is given by a police association that is affiliated with a police organization, or if at least 50 per cent of the members of the police service belong to a police organization, a member of the organization may attend the parties’ bargaining sessions in an advisory capacity.

Appointment of conciliation officer

165 (1)  The chair of the Arbitration Commission shall appoint a conciliation officer, at a party’s request, if a notice of desire to bargain has been given.

Duty of conciliation officer

(2)  The conciliation officer shall confer with the parties and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the chair of the Arbitration Commission.

Extension of time

(3)  The 14-day period may be extended if the parties agree or if the chair of the Arbitration Commission extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended.

Report

(4)  When the conciliation officer reports to the chair of the Arbitration Commission that an agreement has been reached or that an agreement cannot be reached, the chair shall promptly inform the parties of the report.

No arbitration until after conciliation

(5)  Neither party shall give a notice requiring matters in dispute to be referred to arbitration under section 166 until a conciliation officer has been appointed, endeavoured to effect an agreement and reported to the chair of the Arbitration Commission and the chair has informed the parties of the conciliation officer’s report.

Arbitration

166 (1)  If matters remain in dispute after bargaining under section 163 and conciliation under section 165, a party may give the chair of the Arbitration Commission and the other party a written notice referring the matters to arbitration.

Composition of arbitration board

(2)  The following rules apply to the composition of the arbitration board:

    1.  The parties shall determine whether it shall consist of one person or three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person.

    2.  If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the chair of the Arbitration Commission.

    3.  If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the chair of the Arbitration Commission.

    4.  If the arbitration board consists of one person who was appointed by the chair of the Arbitration Commission, or if the arbitration board consists of three persons and the chair was appointed by the chair of the Arbitration Commission, the chair of the Arbitration Commission shall select the method of arbitration and shall advise the arbitration board of the selection.  The method selected shall be mediation-arbitration unless the chair of the Arbitration Commission is of the view that another method is more appropriate.  The method selected shall not be final offer selection without mediation and it shall not be mediation-final offer selection unless the chair of the Arbitration Commission, in his or her sole discretion, selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute.  If the method selected is mediation-final offer selection, the chair of the arbitration board shall be the mediator or, if the arbitration board consists of one person, that person shall be the mediator.

When hearings commence

(3)  The arbitration board shall hold the first hearing within 30 days after the chair is appointed or, if the arbitration board consists of one person, within 30 days after that person is appointed.

Exception

(4)  If the method of arbitration selected by the chair of the Arbitration Commission is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.

Time for submission of information

(5)  If the method of arbitration selected by the chair of the Arbitration Commission is mediation-arbitration or mediation-final offer selection, the chair of the arbitration board or, if the arbitration board consists of one person, that person may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

  (a)  the information was not available prior to the date;

  (b)  the chair or, if the arbitration board consists of one person, that person permits the submission of the information; and

   (c)  the other party is given an opportunity to make submissions concerning the information.

Hearing

(6)  If the method of arbitration selected by the chair of the Arbitration Commission is conventional arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if the arbitration board consists of one person, that person may impose limits on the submissions of the parties and the presentation of their cases.

Consolidation of disputes

(7)  Disputes may be arbitrated together only if all the parties to the disputes agree.

Time for decision

(8)  The arbitration board shall give a decision within 90 days after the chair is appointed or, if the arbitration board consists of one person, within 90 days after that person is appointed.

Extension

(9)  The parties may agree to extend the time described in subsection (8), either before or after the time has passed.

Remuneration and expenses

(10)  The remuneration and expenses of the members of an arbitration board shall be paid as follows:

    1.  A party shall pay the remuneration and expenses of a member appointed by or on behalf of the party.

    2.  Each party shall pay one-half of the chair’s remuneration and expenses or, if the arbitration board consists of one person, one-half of that person’s remuneration and expenses.

Representations by municipal council

(11)  The municipal council may make representations before the arbitration board in an arbitration involving a municipal board if the municipal council is authorized to do so by a resolution.

Representations by Minister and band council

(12)  The Minister and the band council may make representations before the arbitration board in an arbitration involving a First Nation board.

Criteria

(13)  In making a decision or award, the arbitration board shall take into consideration all factors it considers relevant, including the following criteria:

    1.  The employer’s ability to pay in light of its fiscal situation.

    2.  The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased.

    3.  The economic situation in Ontario and, if applicable, in the municipality.

    4.  A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

    5.  The employer’s ability to attract and retain qualified employees.

    6.  The interest and welfare of the community served by the police service.

    7.  Any local factors affecting that community.

Restriction

(14)  Nothing in subsection (13) affects the powers of the arbitration board.

Filing of award

(15)  The arbitration board shall promptly file a copy of its decision or award with the Arbitration Commission.

Dispute, appointment of conciliation officer

167 (1)  The chair of the Arbitration Commission shall appoint a conciliation officer, at a party’s request, if a difference arises between the parties concerning an agreement or an arbitrator’s decision or award made under this Part, or if it is alleged that an agreement or award has been violated.

Duty of conciliation officer

(2)  The conciliation officer shall confer with the parties and endeavour to resolve the dispute and shall, within 14 days after being appointed, make a written report of the results to the chair of the Arbitration Commission.

Extension of time

(3)  The 14-day period may be extended if the parties agree or if the chair of the Arbitration Commission extends it on the advice of the conciliation officer that the dispute may be resolved within a reasonable time if the period is extended.

Report

(4)  When the conciliation officer reports to the chair of the Arbitration Commission that the dispute has been resolved or that it cannot be resolved by conciliation, the chair shall promptly inform the parties of the report.

No arbitration during conciliation

(5)  Neither party shall give a notice referring the dispute to arbitration until the chair of the Arbitration Commission has informed the parties of the conciliation officer’s report.

Arbitration after conciliation fails

168 (1)  If the conciliation officer reports that the dispute cannot be resolved by conciliation, either party may give the chair of the Arbitration Commission and the other party a written notice referring the dispute to arbitration.

Same

(2)  The procedure provided by subsection (1) is available in addition to any grievance or arbitration procedure provided by the agreement, decision or award.

Composition of arbitration board

(3)  The following rules apply to the composition of the arbitration board:

    1.  The parties shall determine whether it shall consist of one person or three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person.

    2.  If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the chair of the Arbitration Commission.

    3.  If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the chair of the Arbitration Commission.

Time for arbitration

(4)  The arbitration board shall commence the arbitration within 30 days after being appointed, in the case of a one-person board, or within 30 days after the appointment of the chair, in the case of a three-person board, and shall deliver a decision within a reasonable time.

Filing of decision

(5)  The arbitration board shall promptly file a copy of its decision with the Arbitration Commission.

Costs and expenses

(6)  The following rules apply with respect to the costs and expenses of the arbitration:

    1.  The Arbitration Commission shall pay the fees of any person the chair of the Arbitration Commission appoints to the arbitration board.

    2.  Each party shall pay its own costs incurred in the arbitration, including the fees of any person it appoints to the arbitration board.

    3.  The parties shall share equally the costs and expenses for matters shared in common, including the fees of any person whom they jointly appoint to the arbitration board.

Enforcement

(7)  After the day that is 30 days after the delivery of the decision or after the day that the decision provides for compliance, whichever is later, the arbitration board may, of its own motion, and shall, at a party’s request, file a copy of the decision, in the prescribed form, with the Superior Court of Justice.

Same

(8)  The decision shall be entered in the same way as a judgment of the Superior Court of Justice and may be enforced as such.

Extension of time

169 The parties may agree to extend any period of time mentioned in this Part.

Restriction

170 Agreements and awards made under this Part do not affect the working conditions of the members of the police service insofar as those working conditions are determined by subsection 47 (3), sections 109 to 116, sections 119, 120, 122 and 123 and Part IX (except as provided in section 138) and by the regulations.

Non-application of Arbitration Act, 1991

171 The Arbitration Act, 1991 does not apply to arbitrations conducted under this Part.

Agreements, decisions and awards binding

172 Agreements, decisions and awards made under this Part bind the police service board and the members of the police service.

Duration of agreements, decisions and awards

173 (1)  Agreements, decisions and awards remain in effect until the end of the year in which they come into effect and thereafter continue in effect until replaced.

Longer duration if parties agree

(2)  The parties to an agreement may provide that the agreement and any decisions or awards made with respect to it shall remain in effect until the end of the year following the year in which they come into effect and thereafter shall continue in effect until replaced.

Provision for expenditures

174 (1)  If, when the municipal council is adopting its annual estimates, a notice of desire to bargain has been given but there is not yet an agreement, decision or award, the council shall make such provision for the payment of expenditures that will result from the expected agreement, decision or award as it considers adequate.

Coming into effect

(2)  An agreement, decision or award comes into effect on the first day of the fiscal period in respect of which the municipal council may make provision for it in its estimates, whether that day is before or after the agreement, decision or award is made.

Exception

(3)  A provision of the agreement, decision or award that does not involve municipal expenditures may come into effect earlier than the day referred to in subsection (2).

Transition; continuation of proceedings

175 Any arbitration for which an arbitrator was appointed under the Police Services Act but that was not disposed of before the day that this section came into force shall continue under this Act.

Ontario Police Arbitration Commission

Composition of Arbitration Commission, etc.

176 (1)  The commission known as the Ontario Police Arbitration Commission is continued under the name of Ontario Police Arbitration Commission in English and the name of Commission d’arbitrage de la police de l’Ontario in French.

Composition

(2)  The composition of the Arbitration Commission shall be as provided in the regulations.

Employees

(3)  Such employees as are considered necessary for the proper conduct of the affairs of the Arbitration Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

Responsibilities of Arbitration Commission

(4)  The Arbitration Commission has the following responsibilities:

    1.  Maintaining registers of arbitrators who are available for appointment to conduct an arbitration under this Act, other than an arbitration under section 166.

    2.  Assisting arbitrators appointed to conduct an arbitration under this Act by making administrative arrangements in connection with arbitrations.

    3.  Fixing the fees of arbitrators appointed by the chair of the Arbitration Commission.

    4.  Sponsoring the publication and distribution of information about agreements, arbitrations and awards under this Act.

    5.  Sponsoring research on the subject of agreements, arbitrations and awards under this Part.

    6.  Maintaining a file of agreements, decisions and awards made under this Part.

    7.  Any other prescribed responsibilities.

Committees

(5)  The Arbitration Commission shall establish committees in accordance with the regulations.

Same

(6)  The Arbitration Commission’s committees shall have such responsibilities listed in subsection (4) as are specified in the regulations.

Forms

(7)  The Arbitration Commission may approve forms for the purposes of arbitrations under this Act and provide for or require their use.

Consultation before chair appointed

(8)  No person shall be appointed as chair of the Arbitration Commission unless the Minister or his or her delegate has first consulted with or attempted to consult with,

  (a)  bargaining agents that, in the opinion of the Minister or his or her delegate, are reasonably representative of the bargaining agents that represent members of police services;

  (b)  employers or employers’ organizations that, in the opinion of the Minister or his or her delegate, are reasonably representative of the employers of members of police services; and

   (c)  any other prescribed entities.

Register for appointments under s. 166

(9)  The chair of the Arbitration Commission shall establish and maintain a register of persons who the chair may appoint under section 166.

Same

(10)  The chair of the Arbitration Commission may appoint a person under section 166 who is not on the register referred to in subsection (9) of this section but only if the chair has first consulted with, or attempted to consult with, the other members of the Arbitration Commission.

Same

(11)  No person shall be placed on or removed from the register referred to in subsection (9) unless the chair of the Arbitration Commission has first consulted with, or attempted to consult with, the other members of the Arbitration Commission.

Regulations

(12)  The registers referred to in this section shall be established and maintained in accordance with the regulations, if any.

part XI
transfer of assets between pension plans

Interpretation

177 (1)  Words and expressions used in this Part have the same meaning as under the Pension Benefits Act unless the context requires otherwise.

Definitions

(2)  In this Part,

“eligible police service employee” means an employee who is a member of a police service and who meets the requirements set out in section 180; (“employé d’un service de police admissible”)

“original pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act; (“premier régime de retraite”)

“successor pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act. (“régime de retraite subséquent”)

Agreement governing transfers

178 (1)  The administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System may enter into one or more written agreements governing the transfer of assets between pension plans in any of the circumstances that are referred to in subsection 80 (2) or 81 (1) of the Pension Benefits Act in respect of eligible police service employees whose employment has been transferred between the Ontario Provincial Police and another police service.

Amount

(2)  An agreement must set out the manner of determining the amount of assets to be transferred from an original pension plan to a successor pension plan in respect of the pension benefits and ancillary benefits of an eligible police service employee who consents to the transfer of assets.

Notice to employees

(3)  An agreement must provide for the contents of the notice to be given to each eligible police service employee concerning the option of consenting to a transfer of assets in respect of his or her pension benefits and ancillary benefits under the original pension plan, and the notice must contain sufficient information to allow the employee to make an informed decision about whether to consent to the transfer.

Duty to file agreement

179 (1)  If the administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System enter into an agreement under section 178, the administrators shall file it with the Superintendent of Financial Services.

Effect of filing

(2)  Sections 14 and 26 of the Pension Benefits Act do not apply with respect to a filed agreement or with respect to any amendment to a pension plan that relates to the implementation of a filed agreement.

Eligibility of police service employees

180 (1)  For the purposes of an agreement filed under section 179, an employee is an eligible police service employee if he or she is a member of a police service who is employed on the effective date of the proposed transfer of assets under the agreement in respect of his or her pension benefits and ancillary benefits under the original pension plan.

Exception

(2)  Despite subsection (1), an employee is not an eligible police service employee if he or she is receiving a pension under the Public Service Pension Plan or the Ontario Municipal Employees Retirement System on the effective date of the proposed transfer of assets under the agreement.

Same

(3)  Despite subsection (1), an employee is not an eligible police service employee if he or she is entitled, on the effective date of the proposed transfer of assets, to a deferred pension under the Public Service Pension Plan or the Ontario Municipal Employees Retirement System.

Employee’s consent to transfer of assets

181 (1)  If an eligible police service employee consents, assets may be transferred under an agreement filed under section 179 from an original pension plan to a successor pension plan in respect of his or her pension benefits and ancillary benefits under the original pension plan in accordance with this Part.

Same

(2)  The employee must indicate his or her consent in writing in the manner specified by the administrator of the original pension plan.

Application of the Pension Benefits Act

(3)  The following rules apply to a transfer of assets in accordance with this Part:

    1.  Sections 21, 79.2, clause 80 (6) (b) and subsections 80 (9) to (15) and 81 (4) to (7) of the Pension Benefits Act do not apply to the transfer.

    2.  For the purposes of section 79.1 of the Pension Benefits Act, the transfer is deemed to be authorized under section 80 or 81 of that Act if the transfer is done in accordance with subsections 80 (1) to (8) or 81 (1) to (3) of that Act, respectively.

Transfer to prescribed retirement savings arrangement

(4)  If the amount of the assets to be transferred in relation to an individual’s pension benefits and other benefits under the original pension plan is greater than the amount allowed under the Income Tax Act (Canada) for such a transfer, the administrator of the original pension plan shall pay the portion that exceeds that allowed amount into a retirement savings arrangement prescribed under the Pension Benefits Act on behalf of the individual.

Exception

(5)  If the amount to be paid under subsection (4) into a retirement savings arrangement prescribed under the Pension Benefits Act is greater than the amount prescribed under the Income Tax Act (Canada) for such a transfer, the administrator shall pay the portion that exceeds the amount prescribed under that Act as a lump sum to the individual.

Effect of transfer of assets

(6)  When assets are transferred in accordance with this Part to a successor pension plan, the transferred assets become part of the assets of the pension fund for that pension plan and they cease to be identified as assets of the original pension plan.

Status of transferred assets and discharge

(7)  When assets are transferred in accordance with this Part,

  (a)  the employer who is the sponsor of the successor pension plan assumes responsibility for providing pension benefits and other benefits under the original pension plan to the transferred members, and other persons entitled to payments under that plan, and they have no further claim against the original pension plan; and

  (b)  the administrator of the original pension plan is discharged upon transferring the assets.

PART XII
COURT SECURITY

Court security

Police service boards

182 (1)  A police service board that has policing responsibility for an area has the following responsibilities with respect to premises where court proceedings are conducted:

    1.  Ensuring the security of judges and other judicial officers and of persons taking part in or attending proceedings.

    2.  During the hours when judges, other judicial officers and members of the public are normally present, ensuring the security of the premises.

    3.  Ensuring the secure custody of persons in custody who are on or about the premises, including persons taken into custody at proceedings.

    4.  Determining appropriate levels of security for the purposes of paragraphs 1, 2 and 3 in accordance with the regulations, if any.

Commissioner

(2)  The Commissioner has the responsibilities set out in subsection (1) in the area for which he or she has policing responsibility.

Common law replaced

(3)  The responsibilities created by this section replace any responsibility for ensuring court security that existed at common law.

Powers of person providing court security

183 (1)  A person who is authorized by a police service board to act in relation to the board’s responsibilities under subsection 182 (1) or who is authorized by the Commissioner to act in relation to the Commissioner’s responsibilities under subsection 182 (2) may exercise the following powers if it is reasonable to do so for the purpose of fulfilling those responsibilities:

    1.  Require a person who is entering or attempting to enter premises where court proceedings are conducted or who is on such premises,

            i.  to identify himself or herself, and

           ii.  to provide information for the purpose of assessing whether the person poses a security risk.

    2.  Search, without warrant,

            i.  a person who is entering or attempting to enter premises where court proceedings are conducted or who is on such premises,

           ii.  any vehicle that the person is driving, or in which the person is a passenger, while the person is on, entering or attempting to enter premises where court proceedings are conducted, and

          iii.  any property in the custody or care of the person.

    3.  Search, without warrant, using reasonable force if necessary,

            i.  a person in custody who is on premises where court proceedings are conducted or is being transported to or from such premises, and

           ii.  any property in the custody or care of the person.

    4.  Refuse to allow a person to enter premises where court proceedings are conducted and use reasonable force if necessary to prevent the person’s entry,

            i.  if the person refuses to identify himself or herself or provide information under paragraph 1 or refuses to submit to a search under paragraph 2,

           ii.  if there is reason to believe that the person poses a security risk, or

          iii.  for any other reason relating to the fulfilment of the police service board’s responsibilities under subsection 182 (1) or the Commissioner’s responsibilities under subsection 182 (2).

    5.  Demand that a person immediately leave premises where court proceedings are conducted and use reasonable force if necessary to remove the person,

            i.  if the person refuses to identify himself or herself or provide information under paragraph 1 or refuses to submit to a search under paragraph 2,

           ii.  if there is reason to believe that the person poses a security risk, or

          iii.  for any other reason relating to the fulfilment of the police service board’s responsibilities under subsection 182 (1) or the Commissioner’s responsibilities under subsection 182 (2).

Arrest

(2)  A person who is authorized by a police service board or by the Commissioner as described in subsection (1) may arrest, without warrant, any person who,

  (a)  after being required to identify himself or herself or provide information under paragraph 1 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without identifying himself or herself or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of subsection (1), enters or attempts to enter premises where court proceedings are conducted without submitting to the search;

   (c)  enters or attempts to enter premises where court proceedings are conducted, after a refusal under paragraph 4 of subsection (1); or

  (d)  does not immediately leave premises where court proceedings are conducted, after being demanded to do so under paragraph 5 of subsection (1).

Reasonable force

(3)  Reasonable force may be used if necessary to make the arrest.

Delivery to police officer

(4)  If the person who makes the arrest is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

Deemed arrest

(5)  A police officer to whom the custody of a person is given under subsection (4) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and his or her bail.

Accommodation

(6)  When a person who is authorized by a police service board or by the Commissioner, as described in subsection (1), exercises powers under this section with respect to other persons, he or she shall ensure that those persons are accommodated in accordance with the Canadian Charter of Rights and Freedoms and the Human Rights Code, and this includes accommodation in connection with creed or disability.

Offences

184 (1)  A person is guilty of an offence if,

  (a)  after being required to identify himself or herself or provide information under paragraph 1 of subsection 183 (1), the person enters or attempts to enter premises where court proceedings are conducted without identifying himself or herself or providing the information;

  (b)  after being directed to submit to a search under paragraph 2 of subsection 183 (1), the person enters or attempts to enter premises where court proceedings are conducted without submitting to the search;

   (c)  the person enters or attempts to enter premises where court proceedings are conducted, after a refusal under paragraph 4 of subsection 183 (1); or

  (d)  the person does not immediately leave premises where court proceedings are conducted, after being demanded to do so under paragraph 5 of subsection 183 (1).

Penalty

(2)  A person who is convicted of an offence under this section is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than 60 days, or to both.

Powers not affected

Judicial powers

185 (1)  Nothing in this Part derogates from or replaces the power of a judge or other judicial officer to control court proceedings.

Same

(2)  Nothing in this Part affects the right of a judge or other judicial officer to have access to premises where court proceedings are conducted.

Powers of persons providing court security

(3)  Nothing in this Part derogates from or replaces any powers that a person authorized by a police service board or by the Commissioner as described in subsection 183 (1) otherwise has under the law.

Privilege preserved

186 Nothing in this Part shall operate so as to require the disclosure of information that would be inadmissible in a court by reason of any privilege under the law of evidence, or permit the review of documents containing such information.

PART XIII
Community Safety and Well-Being PlanS

Preparation and Adoption

Municipal community safety and well-being plan

187 (1)  Every municipal council shall prepare and, by resolution, adopt a community safety and well-being plan.

May be prepared individually or jointly

(2)  The community safety and well-being plan may be prepared by the municipal council individually or jointly in consultation with other municipal councils or band councils.

First community safety and well-being plan

(3)  A municipal council must prepare and adopt its first community safety and well-being plan before the second anniversary of the day on which this section began applying to the municipality.

Transition

(4)  Every community safety and well-being plan prepared and adopted under the Police Services Act before it was repealed shall be deemed to have been prepared and adopted under this Act.

Same

(5)  If a municipal council was required to prepare and adopt a community safety and well-being plan under section 143 of the Police Services Act but no plan was prepared and adopted before that Act was repealed, the two-year period under subsection (3) shall begin on the day section 143 of the Police Services Act first began applying to the municipality.

First Nation community safety and well-being plan

188 (1)  A band council of a First Nation may prepare and adopt a community safety and well-being plan.

May be prepared individually or jointly

(2)  The community safety and well-being plan may be prepared by the band council individually or jointly in consultation with other band councils or municipal councils.

Preparation of plan by municipal council

189 (1)  A municipal council that prepares a community safety and well-being plan shall establish an advisory committee.

Joint preparation of plan

(2)  Despite subsection (1), a group of municipal councils that are jointly preparing a community safety and well-being plan shall jointly establish and consult with a single advisory committee.

Membership of committee

(3)  Subject to the regulations, the advisory committee must, at a minimum, consist of the following members:

    1.  A person who represents,

            i.  a local health integration network for a geographic area in which the municipality is located, as determined under the Local Health System Integration Act, 2006, or

           ii.  an entity that provides services to improve the physical or mental health of individuals in the community or communities.

    2.  A person who represents an entity that provides educational services in the municipality.

    3.  A person who represents an entity that provides community or social services in the municipality, if there is such an entity.

    4.  A person who represents an entity that provides community or custodial services to children or youth in the municipality, if there is such an entity.

    5.  An employee of the municipality or a member of the municipal council.

    6.  A person who represents the police service board or, if there is no police service board, the commander of the detachment of the Ontario Provincial Police that provides policing in the area or his or her delegate.

    7.  Any other prescribed persons.

Same, joint plans

(4)  If the community safety and well-being plan is prepared by a group of municipal councils or band councils,

  (a)  the members of the advisory committee shall be appointed by agreement of the participating municipal councils and band councils; and

  (b)  the provisions of this Act that apply to community safety and well-being plans apply, with necessary modifications, to joint community safety and well-being plans.

Considerations

(5)  In appointing the members of the advisory committee, the municipal council or councils shall consider the need to ensure that advisory committee is representative of the municipality or municipalities, having regard for the diversity of the population in the municipality or municipalities.

Consultations

(6)  In preparing a community safety and well-being plan, the municipal council or councils shall,

  (a)  consult with the advisory committee;

  (b)  consult with the members of the public, including members of racialized groups and of First Nation, Inuit and Métis communities, in the municipality or municipalities and, in the case of a joint plan with a First Nation, in the First Nation territories; and

   (c)  comply with any consultation requirements that may be prescribed.

Use of information

(7)  In preparing a community safety and well-being plan, the municipal council or councils shall consider available information related to crime, victimization, addiction, drug overdose, suicide and any other prescribed risk factors, including statistical information from Statistics Canada or other sources, in addition to the information obtained through its consultations.

Other prescribed requirements

(8)  The municipal council or councils shall meet the prescribed requirements, if any, in preparing its community safety and well-being plan.

Content of community safety and well-being plan

190 A community safety and well-being plan shall,

  (a)  identify risk factors in the municipality or First Nation, including, without limitation, systemic discrimination and other social factors that contribute to crime, victimization, addiction, drug overdose and suicide and any other prescribed risk factors;

  (b)  identify which risk factors the municipality or First Nation will treat as a priority to reduce;

   (c)  identify strategies to reduce the prioritized risk factors, including providing new services, changing existing services, improving the integration of existing services or coordinating existing services in a different way;

  (d)  set out measurable outcomes that the strategies are intended to produce;

  (e)  address any other issues that may be prescribed; and

   (f)  contain any other information that may be prescribed.

Publication of community safety and well-being plan

191 A municipal council that has adopted a community safety and well-being plan shall publish it in accordance with the regulations.

Implementation of community safety and well-being plan

192 A municipal council that has adopted a community safety and well-being plan shall take any actions that the plan requires it to take and shall encourage and assist other entities to take any actions the plan requires those entities to take.

Reporting and Revision

Monitoring, evaluating and reporting

193 (1)  A municipal council that has adopted a community safety and well-being plan shall, in accordance with the regulations, monitor, evaluate and report on the effect the plan is having, if any, on reducing the prioritized risk factors.

Publication

(2)  The reports referred to in subsection (1) shall be published in accordance with the regulations.

Revision by municipality

194 (1)  A municipal council that has adopted a community safety and well-being plan shall review and, if appropriate, revise the plan within the prescribed period.

Revision by band council

(2)  A band council that has adopted a community safety and well-being plan may review and, if appropriate, revise the plan within the prescribed period.

Process for revision

(3)  Sections 189 to 191 apply, with necessary modifications, to the revision of a community safety and well-being plan.

Miscellaneous

Information to Minister

195 (1)  Every municipal council shall provide the Minister with any prescribed information respecting,

  (a)  the municipality’s community safety and well-being plan, including the preparation, adoption or implementation of the plan;

  (b)  any outcomes from the municipality’s community safety and well-being plan; and

   (c)  any other prescribed matter related to the community safety and well-being plan.

Time to comply

(2)  The municipal council shall provide the prescribed information within the prescribed period.

Community safety and well-being planner

196 (1)  The Minister may appoint a person as a community safety and well-being planner for a municipality if, in the Minister’s opinion, the municipality has intentionally and repeatedly failed to comply with one of its obligations under this Part, other than section 192.

Notice of appointment

(2)  The Minister shall give the municipality at least 30 days’ notice before appointing the community safety and well-being planner.

Term of office

(3)  The appointment of a community safety and well-being planner is valid until terminated by order of the Minister.

Powers of planner

(4)  Unless the appointment provides otherwise, a community safety and well-being planner has the right to exercise any powers of the municipal council that are necessary to prepare a community safety and well-being plan that the municipality could adopt.

Same

(5)  The Minister may specify the powers and duties of a community safety and well-being planner appointed under this section and the terms and conditions governing those powers and duties.

Right of access

(6)  A community safety and well-being planner appointed for a municipality has the same rights as the municipal council in respect of the documents, records and information of the municipality.

Minister’s directions

(7)  The Minister may issue directions to a community safety and well-being planner with regard to any matter within the jurisdiction of the planner.

Directions to be followed

(8)  A community safety and well-being planner shall carry out every direction of the Minister.

Report to Minister

(9)  A community safety and well-being planner shall report to the Minister as required by the Minister.

Municipality to pay costs

(10)  The municipal council shall pay the community safety and well-being planner’s remuneration and expenses as set out in the regulations.

PART XIV
REGULATIONS AND MISCELLANEOUS

Property in possession of police service

197 (1)  This section applies to personal property of all kinds, except firearms and money, that comes into the possession of a police service under either of the following circumstances:

    1.  The property was stolen from its owner or was found abandoned in a public place and the chief of police is unable to determine who owns it.

    2.  The property was seized by a member of the police service in the lawful execution of his or her duties, all legal proceedings in respect of the property have been completed, there is no court order for its disposition and there is no legal requirement, apart from this section, that it be retained or disposed of.

Sale

(2)  The chief of police may cause the property to be sold and the police service board may use the proceeds for any purpose that it considers in the public interest.

Perishable property

(3)  If the property is perishable, it may be sold at any time without notice.

Non-perishable property

(4)  If the property is not perishable, the following rules apply to its sale:

    1.  The property may be sold when it has been in the possession of the police service for at least one month in the case of a motor vehicle as defined in the Highway Traffic Act or a bicycle, or for at least three months in the case of other property.

    2.  The sale shall be by public auction or by public tender.

    3.  At least 10 days’ notice of the time and place of the public auction shall be given by publication in a newspaper of general circulation in the municipality.

    4.  The sale may be adjourned, repeatedly if necessary, until the property is sold.

Claim of owner of property

(5)  If a motor vehicle, bicycle or other property has been sold before it has been in the possession of the police service for three months and if the owner makes a claim before that time, the owner is entitled to receive the proceeds, less the costs of storage, advertising and sale.

Register of property

(6)  The chief of police shall keep a register of property and ensure that the following rules are followed:

    1.  The description and location of every item of property shall be recorded.

    2.  If the property is sold, full particulars shall be recorded.

    3.  If the property is returned to its owner, his or her name, address and telephone number shall be recorded.

Exception

(7)  This section does not apply to a motor vehicle that is impounded under section 220 of the Highway Traffic Act.

Money

198 (1)  This section applies to money that comes into the possession of a police service under the circumstances described in paragraph 1 or 2 of subsection 197 (1).

Accounting

(2)  The money shall be accounted for according to the prescribed method.

Use of money

(3)  If three months have elapsed after the day the money came into the possession of the police service and the owner has not claimed it, the police service board may use it for any purpose that it considers in the public interest.

Firearms

199 (1)  This section applies to firearms that are in the possession of a police service because they have been found, turned in or seized.

Safe-keeping, return to owner

(2)  The chief of police shall ensure that firearms are securely stored and that they are returned to their owners if there is a court order or other legal requirement to that effect.

Destruction

(3)  If all possible court proceedings relating to a firearm have been completed or the time for them has expired and there is no court order or other legal requirement governing how the firearm is to be dealt with, the chief of police shall ensure that it is destroyed promptly, unless subsection (4) applies.

Firearm of special interest

(4)  If the chief of police considers the firearm unique, an antique or of educational or historical value, he or she shall notify the Director of the Centre of Forensic Sciences.

Same

(5)  If the Director indicates, within three months of receiving notice, that the firearm is required for the Centre’s collection, the chief of police shall ensure that it is transferred there.

Same

(6)  If the Director indicates that the firearm is not required for the Centre’s collection or fails to respond within three months of receiving notice, the chief of police shall ensure that the firearm is destroyed promptly.

Disposal otherwise than by destruction

(7)  The chief of police may dispose of a firearm to which subsection (6) applies otherwise than by having it destroyed if he or she first obtains the Minister’s approval of the method of disposal.

Register of firearms

(8)  The chief of police shall keep a register of firearms and ensure that the following rules are followed:

    1.  Every firearm’s description and location shall be recorded.

    2.  When a firearm ceases to be in the possession of the police service board or of a member of the police service, full particulars shall be recorded, including the name of the person who disposed of it and the date and method of disposal.

    3.  If the firearm is returned to its owner, his or her name, address and telephone number shall also be recorded.

    4.  On or before the 31st day of January in each year, a statement shall be filed with the Minister listing the firearms that have come into the possession of the police service during the preceding calendar year, indicating which firearms are still being retained and which have been disposed of and giving the particulars of disposition.

Regulations

Lieutenant Governor in Council

200 (1)  The Lieutenant Governor in Council may make regulations,

    1.  prescribing policing standards, including the policing standards that must be met in providing adequate and effective policing;

    2.  governing the provision of policing functions, including,

            i.  prescribing policing functions that do not have to be provided by members of a police service or persons acting under the direction of those members,

           ii.  prohibiting the provision of a policing function by persons who are not peace officers, and

          iii.  prohibiting the provision of a policing function by persons who are not police officers;

    3.  prescribing entities as prescribed policing providers, specifying the policing functions they will be responsible for providing, specifying the area in which they will provide the policing functions and specifying whether a police service board, or the Commissioner, may continue to provide those policing functions in the area;

    4.  respecting the governance, operation and administration of police services;

    5.  governing the provision of information under subsection 4 (1) or 81 (1), including prescribing,

            i.  the information that must be provided,

           ii.  the manner in which the information must be provided, which may include requiring information to be automatically provided electronically to the Ministry or Inspector General, and

          iii.  the frequency with which the information must be provided;

    6.  authorizing a chief of police to decline to provide information under section 4, 40, or 81 or authorizing the Commissioner to decline to provide information under section 62, and prescribing the circumstances in which the information may be declined;

    7.  prescribing a unit of the Ministry to collect and use personal information under subsection 5 (1) on the Minister’s behalf;

    8.  specifying requirements, restrictions or prohibitions with respect to the collection, use or disclosure of any class of personal information by the Minister or the Inspector General in addition to the requirements, restrictions or prohibitions set out in this Act;

    9.  governing extra policing costs under section 18, including clarifying the application of that section and defining any term used in that section;

  10.  governing the process for obtaining the Minister’s approval under section 22;

  11.  clarifying or modifying the application of this Act with respect to,

            i.  a police service board that has been jointly constituted under section 23 or 24,

           ii.  a First Nation Board that has been jointly requested under section 32,

          iii.  a First Nation O.P.P. board that has been jointly requested under section 77, or

          iv.  a community safety and well-being plan that is prepared jointly under Part XIII;

  12.  governing reports on the implementation of diversity plans under subsection 28 (4) and on the steps taken to ensure that public appointees to municipal boards reflect the diversity of the population under subsection 29 (3), including specifying the required contents of the reports;

  13.  governing recommendations by the Minister to the Lieutenant Governor in Council regarding appointments to police service boards under section 33;

  14.  establishing standards for appointments by the Lieutenant Governor in Council of members of municipal boards, which may include minimum standards in relation to representation on the boards by underrepresented groups;

  15.  specifying the person or entity who shall remunerate members of a municipal board who are appointed by the Lieutenant Governor in Council or the Minister and governing the amount of the remuneration;

  16.  governing the process for requesting that the Minister constitute a First Nation board or First Nation O.P.P. board and prescribing the matters the Minister must consider, including the weight the Minister must assign to prescribed matters;

  17.  prescribing matters in respect of which police service boards are required to establish policies under clause 38 (1) (g);

  18.  prescribing training that a member of a police service board must complete and any period within which it must be completed;

  19.  establishing the procedures to be followed by police service boards, O.P.P. detachment boards or First Nation O.P.P. boards, or committees of a board, and the places at which their meetings shall be held;

  20.  prescribing standards that police facilities, including police lock-ups, must meet;

  21.  defining “meeting” for the purposes of sections 43, 44, 74 and 75;

  22.  governing strategic plans and local action plans, including,

            i.  the preparation, review and revision of the plans,

           ii.  the content of the plans, and

          iii.  the publication of the plans;

  23.  governing the composition of O.P.P. detachment boards, including the number of members of a board, eligibility for appointment to the board and the mechanism for appointing members of the board;

  24.  governing the term of office, remuneration and expenses of members of O.P.P. detachment boards;

  25.  permitting more than one O.P.P. detachment board to advise the same detachment of the Ontario Provincial Police and establishing the rules that apply when two or more O.P.P. detachment boards advise the same detachment commander;

  26.  governing the participation of O.P.P. detachment boards and First Nation O.P.P. boards in the selection of the detachment commander;

  27.  governing the composition of the Advisory Council;

  28.  governing payments for policing provided by the Commissioner under section 64 to municipalities, including the cost of any necessary equipment and facilities, and,

            i.  governing the determination of the amounts payable, which may require municipalities to pay more for the services they have received or less for the services they have received based on their financial capacity,

           ii.  governing the payment of those amounts, including providing for the calculation and payment of interest and penalties,

          iii.  governing the collection of those amounts, including providing for payment credits and refunds for overpayments, and

          iv.  for the purposes described in subparagraphs i, ii and iii, establishing different requirements for different classes of territories;

  29.  governing payments for policing provided by the Commissioner to territories without municipal organization, including the cost of any necessary equipment and facilities, and,

            i.  governing the determination of the amounts payable for those services, which may be based on financial capacity,

           ii.  governing the payment of those amounts, including providing for the calculation and payment of interest and penalties,

          iii.  governing the collection of those amounts, including providing for payment credits and refunds for overpayments, or providing that all or part of those amounts may be collected under the Provincial Land Tax Act, 2006 as if they were taxes imposed under that Act, and

          iv.  for the purposes described in subparagraphs i, ii and iii, establishing different requirements for different classes of territories;

  30.  governing the estimates prepared by an O.P.P. detachment board under section 71, including establishing the rules for calculating a municipality’s share of the costs, which may require municipalities to pay more for the services they have received or less for the services they have received based on their financial capacity;

  31.  establishing the process for making a complaint to the Inspector General;

  32.  governing the requirements to provide notice under Parts VI (Inspector General of Policing) and IX (Discipline and Dismissal), including prescribing the required contents of the notice and prescribing the circumstances in which notice is deemed to have been given;

  33.  governing notice and reports by the Inspector General under section 99, including,

            i.  prescribing the period within which the Inspector General must provide the notice,

           ii.  prescribing circumstances in which the Inspector General shall not provide or publish a report,

          iii.  prescribing information that shall not be included in the report, and

          iv.  governing the publication of the report;

  34.  governing the publication of directions issued under section 101, including,

            i.  prescribing the period within which the Inspector General must publish the direction,

           ii.  prescribing circumstances in which the Inspector General shall not publish a direction,

          iii.  prescribing information that shall not be included in the published direction, and

          iv.  governing the manner of publication of the direction;

  35.  governing the duties that an administrator appointed under section 102 must perform;

  36.  prescribing the nature of the information that may be disclosed under subsection 107 (1) by a chief of police or a person designated by a chief of police, to whom it may be disclosed and the circumstances in which it may be disclosed;

  37.  governing reports made by a chief of police under section 108, including specifying to whom the report shall be made and specifying the required contents of the reports;

  38.  prescribing codes of conduct and codes of professional conduct and governing their application;

  39.  establishing standards that must be met and procedures that must be followed in assessing whether an individual is physically and mentally able to perform the duties of a police officer or a special constable for the purposes of this Act;

  40.  clarifying the meaning of the requirement to be of good character to be appointed as a police officer or special constable;

  41.  prescribing training for police officers and special constables, including,

            i.  prescribing training that is required to be completed for a person to be appointed as a police officer or special constable,

           ii.  exempting persons from having to complete the training referred to in subparagraph i to be appointed as a police officer or special constable, subject to the conditions, if any, that may be prescribed, and

          iii.  prescribing training that police officers or special constables are required to complete and any period within which it must be completed;

  42.  prescribing certificates or other documents that are equivalent to a degree or diploma described in subclause 110 (1) (f) (iii), including by prescribing characteristics of a document or certificate-granting program that make the certificate or other document equivalent to such a degree or diploma;

  43.  clarifying the meaning of a leave of absence for the purposes of subsection 111 (3);

  44.  respecting the political activities in which a police officer who is a member of a police service maintained by a police service board is permitted to engage;

  45.  establishing ranks for a police service;

  46.  governing qualifications for positions, including positions with a rank, in a police service;

  47.  prescribing the qualifications for a person to provide a policing function;

  48.  prescribing the minimum salary or other remuneration and allowances to be paid to a member of a police service maintained by a police service board;

  49.  governing the conduct and duties of members of police services and special constables;

  50.  describing the circumstances under which members of police services or special constables are permitted or are not permitted to pursue persons by means of motor vehicles, and prescribing procedures that shall be followed when a person is pursued in that manner;

  51.  governing the suspension and termination of members of police services other than police officers;

  52.  regulating or prohibiting the use of any equipment, including firearms and other weapons, by a police service or any of its members, a special constable employer or a special constable;

  53.  governing the use of force by members of police services and special constables and requiring reports on the use of force;

  54.  governing the appointment of auxiliary members of a police service, including prescribing conditions or restrictions on the appointments;

  55.  prescribing the purposes that may be specified in an appointment of a special constable and specifying any terms or conditions that apply to a special constable appointed for such a purpose;

  56.  prescribing educational criteria that must be satisfied in order for a special constable to be appointed for a specified purpose;

  57.  governing the powers of a police officer that may be conferred on a special constable and governing the exercise of those police powers;

  58.  governing the suspension and termination of the appointment of special constables;

  59.  governing the use of information obtained in an investigation or hearing under Part IX (Discipline and Dismissal), including restricting or prohibiting its use;

  60.  defining a “serious offence” for the purposes of section 151;

  61.  governing reports by the chief of police under section 155 respecting aggregate disciplinary measures the chief has taken, including specifying the required contents of the reports and governing the publication of the reports;

  62.  governing the conduct of arbitrations under this Act, including,

            i.  prescribing procedures for them, and

           ii.  in the case of arbitrations other than those conducted under section 166 or 168,

                  A.  excluding or modifying the application of any provision of the Arbitration Act, 1991,

                  B.  governing the orders that an arbitrator may make in his or her decision,

                  C.  prescribing rules for the payment of the arbitrator’s remuneration and expenses, and

                  D.  providing for appeals from the arbitration;

  63.  governing the composition of the Arbitration Commission;

  64.  governing the registers of arbitrators that the Arbitration Commission is required to establish and maintain;

  65.  governing committees that the Arbitration Commission is required to establish, including governing the names, composition, responsibilities, powers, duties and quorums of the committees;

  66.  governing the consultations that the chair of the Arbitration Commission is required to perform before appointing a person under subsection 176 (10) or placing or removing a person from a register of arbitrators;

  67.  governing the responsibilities set out in subsection 182 (1), including governing the determination of appropriate levels of security, under paragraph 4 of subsection 182 (1), for premises where court proceedings are conducted;

  68.  governing the exercise of the powers conferred by section 183, including,

            i.  regulations imposing restrictions, limitations and conditions on the exercise of those powers, and

           ii.  regulations for the purpose of safeguarding the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code, including regulations that provide for the accommodation of persons in connection with creed or disability;

  69.  prescribing persons who must be on an advisory committee under subsection 189 (3), which may include prescribing different persons for different municipalities;

  70.  governing consultations with respect to community safety and well-being plans, including consultations with the advisory committee, and prescribing any consultation requirements;

  71.  prescribing and governing additional requirements that must be met by a municipal council or band council in preparing a community safety and well-being plan;

  72.  governing the contents of community safety and well-being plans, including,

            i.  prescribing any issues or information that the plan must address or contain, and

           ii.  prescribing any risk factors that the plan must identify;

  73.  governing the monitoring and evaluation of community safety and well-being plans;

  74.  prescribing the period within which a community safety and well-being plan must be reviewed and, if appropriate, revised;

  75.  governing fees that police service boards, the Commissioner and prescribed policing providers may charge for the provision of policing or other services, including,

            i.  prescribing the amount of a fee for the provision of a policing function or service,

           ii.  prescribing the minimum or maximum amount that may be charged for the provision of a policing function or service, or

          iii.  prescribing that no fee may be charged for the provision of a policing function or service;

  76.  governing the requirement to provide an opportunity to respond in any provision of this Act, including prescribing requirements for any notice that must be provided and prescribing the minimum period of time that must be provided to satisfy the obligation;

  77.  authorizing the production of records in the custody of a police service that are required for the purpose of a civil proceeding to which the police service board that maintains the police service or, in relation to the Ontario Provincial Police, Her Majesty the Queen in right of Ontario is not a party, including,

            i.  governing the process for obtaining such records, and

           ii.  prescribing fees for obtaining the records;

  78.  clarifying or defining “youth”, “specific investigations”, “conduct of specific operations”, “discipline of specific police officers”, “routine administration”, “lock-up”, “frivolous or vexatious” and “bad faith” for the purposes of this Act;

  79.  prescribing any matter that this Act requires to be prescribed or refers to as being prescribed, other than the matters in respect of which the Minister may make regulations under subsection (2);

  80.  governing transitional matters that may arise due to the enactment of this Act, the repeal of the Police Services Act, the revocation of the regulations made under that Act or the amendments made by Schedule 5 of the Safer Ontario Act, 2017;

  81.  governing the delivery of policing in an area that is subject to the jurisdiction of an Indigenous entity that is not a First Nation, including, without limitation,

            i.  identifying the Indigenous entity,

           ii.  constituting a police service board to have policing responsibility for the area and governing its composition, name, appointments to it and the term of office of members of it,

          iii.  modifying the application of any provision of this Act or the regulations to enable the police service board to provide policing in the area,

          iv.  modifying the application of any provision of this Act or the regulations to enable the constitution of a board similar to a First Nation O.P.P. board and to enable that board to discharge the powers, duties and functions of a First Nation O.P.P. board in relation to the Indigenous entity, and

           v.  modifying the application of any provision of this Act or the regulations to apply to the Indigenous entity and the area subject to its jurisdiction;

  82.  respecting any matter that is necessary or advisable to implement this Act effectively.

Minister

(2)  The Minister may make regulations,

    1.  prescribing parts of the King’s Highway, or a highway or part of a highway that is designated as a connecting link under section 21 of the Public Transportation and Highway Improvement Act, for which the Commissioner is not responsible for maintaining a traffic patrol;

    2.  governing the publication of diversity plans under subsection 28 (2);

    3.  governing transitional matters that may arise due to the enactment, amendment or revocation of a regulation made under section 32 or 77;

    4.  governing the procedure for providing notice and receiving comments on a proposed amendment or revocation of a regulation made under section 32 or 77;

    5.  prescribing competencies that one or more members of a police service board must have;

    6.  prescribing the forms of oaths or affirmations of office and oaths or affirmations of secrecy for the purposes of this Act;

    7.  establishing and governing requirements with respect to the provision of notice to the public for meetings of police service boards or of the Advisory Council;

    8.  governing annual reviews of the chief of police’s performance by police service boards;

    9.  governing the publication of police service board reports under subsection 41 (2);

  10.  governing the publication of the annual reports of the Commissioner and prescribing matters that must be included in the report;

  11.  governing the publication of the annual reports of the Inspector General and prescribing matters that must be included in the report;

  12.  governing the publication of the Inspector General’s reports under subsection 102 (2);

  13.  prescribing the form of any certificate of appointment issued under this Act;

  14.  prescribing standards of dress for police officers and special constables on duty and prescribing requirements respecting their uniforms;

  15.  clarifying the requirement in subsection 118 (5) for an auxiliary member of a police service to be “accompanied or supervised” by a police officer, including prescribing the required level of accompaniment or supervision;

  16.  governing the ability of a chief of police to authorize an auxiliary member of the police service to possess or use firearms in the course of his or her duties;

  17.  exempting a special constable employer from subsection 127 (3) in circumstances prescribed, by a regulation made by the Lieutenant Governor in Council, for the purposes of this paragraph;

  18.  prescribing the records, returns, books and accounts to be kept by police service boards and their members and by special constable employers;

  19.  prescribing the method of accounting for fees and costs that come into the hands of members of police services and special constables;

  20.  clarifying or defining any term used in subsection 189 (3);

  21.  governing the publication of community safety and well-being plans;

  22.  governing reports on community safety and well-being plans, including specifying the required contents of the reports and governing the publication of the reports;

  23.  prescribing information that a municipal council must provide the Minister under section 195 and prescribing the period within which the information must be provided;

  24.  prescribing and governing the remuneration and expenses to be paid to a community safety and well-being planner by a municipal council;

  25.  prescribing the method of accounting for money to which section 198 applies;

  26.  prescribing forms and providing for their use.

Fees, conflict

(3)  In the event of a conflict, a regulation made under paragraph 75 of subsection (1) prevails over a by-law made by a police service board or prescribed policing provider.

Rolling incorporation by reference

(4)  A regulation made under paragraph 1, 18 or 41 of subsection (1) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.

Transitional regulation, O.P.P. policing contracts

(5)  A regulation made under paragraph 80 of subsection (1) may, without limiting the generality of that paragraph,

  (a)  amend or rescind an agreement made under section 10 of the Police Services Act before its repeal;

  (b)  dissolve a board that performed functions under section 10 of the Police Services Act before its repeal; and

   (c)  govern the determination of any outstanding amounts in relation to an agreement made under section 10 of the Police Services Act before its repeal and provide for payment of those outstanding amounts or for the repayment or crediting of any overpayments.

Crown bound

201 This Act binds the Crown in right of Ontario.

PART XV
Amendment and Repeal

Amendment to Police Services Act

202 (1)  Part VIII.1 of the Police Services Act is repealed and the following substituted:

part VIII.1
transfer of assets between pension plans

Interpretation

131.1  (1)  Words and expressions used in this Part have the same meaning as under the Pension Benefits Act unless the context requires otherwise.

Definitions

(2)  In this Part,

“eligible police force employee” means an employee who is a member of a police force and who meets the requirements set out in section 131.4; (“employé d’un corps de police admissible”)

“original pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act; (“premier régime de retraite”)

“successor pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act. (“régime de retraite subséquent”)

Agreement governing transfers

131.2  (1)  The administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System may enter into one or more written agreements governing the transfer of assets between pension plans in any of the circumstances that are referred to in subsection 80 (2) or 81 (1) of the Pension Benefits Act in respect of eligible police force employees whose employment has been transferred between the Ontario Provincial Police and another police force.

Amount

(2)  An agreement must set out the manner of determining the amount of assets to be transferred from an original pension plan to a successor pension plan in respect of the pension benefits and ancillary benefits of an eligible police force employee who consents to the transfer of assets.

Notice to employees

(3)  An agreement must provide for the contents of the notice to be given to each eligible police force employee concerning the option of consenting to a transfer of assets in respect of his or her pension benefits and ancillary benefits under the original pension plan, and the notice must contain sufficient information to allow the employee to make an informed decision about whether to consent to the transfer.

Duty to file agreement

131.3  (1)  If the administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System enter into an agreement under section 131.2, the administrators shall file it with the Superintendent of Financial Services.

Effect of filing

(2)  Sections 14 and 26 of the Pension Benefits Act do not apply with respect to a filed agreement or with respect to any amendment to a pension plan that relates to the implementation of a filed agreement.

Eligibility of police force employees

131.4  (1)