Toronto government of Ontario, 1990

PDF

Download

Open document

Flip pages

Download a page range

Download transcript

Copy asset link

Request this asset

Transcript (if available)

Content :1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I,
GOVERNMENT OF ONTARIO
POLICE SERVICES ACT
1990
Statutes of Ontario, 1990
Chapter 10

Government
of
Ontario
Police Services
Act, 1990
Statutes of Ontario, 1990
Chapter-1 o
Published by the
Ministry of the Attorney General
~Printed by the
Queen's Printer for Ontario
ISBN 0-7729-8621-5
Gouvernement
de
l'Ontario
Loi de 1990 sur
les services
policiers
Lois de l'Ontario de 1990
Chapitre 10
Publie par le
ministere du Procureur general
£)1mprime par \
l'lmprimeur ~e la Reine pour !'Ontario
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I
I
I
I
I
OFFICE CONSOLIDATION
THIS CONSOLIDATION IS PREPARED
FOR PURPOSES OF CONVENIENCE
ONLY, AND FOR ACCURATE REF
ERENCE RECOURSE SHOULD BE
HAD TO THE STATUTES.
THE FRENCH TEXT OF THIS ACT HAS
NOT BEEN ENACTED BY THE
LEGISLATIVE ASSEMBLY, BUT IT IS
AN OFFICIAL TRANSLATION WHICH
MAY BE ADMITTED IN EVIDENCE
UNDER SUBSECTION 25 (2) OF THE
EVIDENCE ACT, CHAPTER 145 OF
THE REVISED ST A TUT ES OF
ONTARIO, 1980.
Additional copies of this and other Ontario Government publications are
available from
Publications Ontario, 880 Bay St.. Toronto for personal shopping.
Out-of-town customers write to Publications Ontario, 5th Floor, 880
-Bay St., Toronto M7A 1N8. Telephone (416) 326-5300 or toll free in
Ontario 1-800-668-9938. Hearing impaired call : (416) 325-3408 or
toll-free in Ontario 1-800-268-7095. Mastercard and Visa accepted.
Cheques and money orders payable to the Treasurer of Ontario.
Prepayment required .
2
CHAPTER 10
Police Services Act, 1990
CONTENTS
Section
1. Declaration of principles
2. Definitions
PART I
RESPONSIBILITY FOR POLICE
SERVICES
SOLICITOR GENERAL
3. Solicitor General
MUNICIPALITIES
4. Police services in municipalities
5. Methods of establishing
municipal police forces
6. Amalgamation of police forces
7. Municipal agreements for
sharing police services
8. Additional municipal police
forces
9. Assistance of O .P.P.
10. Municipal agreements for
provision of police services by
O .P.P.
11 . Fines
12. R ates for cost of police services
13. Special areas
14. Police services outside
municipality
15. Municipal by-law enforcement
officers
16. Aid to survivors
ONT ARIO PROVINCIAL POLICE
17. Commissioner
18. Composition of O .P.P .
19. Responsibilities of O.P.P .
20. Aid to survivors
PART II
ONT ARIO CIVILIAN
COMMISSION ON POLICE
SERVICES
21 . Commission
22 . Powers and duties
Section
23. Sanctions respecting standards
of police services and
employment equity plans
24. Emergency, interim order
25. Investigations into police
matters
26. Inquiries respecting crime and
law enforcement
PART III
MUNICIPAL POLICE SERVICES
BOARDS
27. Composition of boards
28. Chair
29. Protection from personal
liability
30. Board may contract, sue and be
sued
31. Responsibilities of boards
32. Oath of office
33. Joint boards
34. Delegation
35. Meetings
36. Admissibility of documents
37. Power with respect to witnesses
38. Municipal police force
39. Estimates
40. Reduction or abolition of police
force
PART IV
POLICE OFFICERS AND OTHER
POLI CE STAFF
CHIEF OF POLICE
41. Duties of chief of police
POLICE OFFICERS
42. Powers and duties
43. Criteria for hiring
44. Probationary period
45 . Oaths of office and secrecy
46. Political activity
I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
: I
I
I
I
4 Chap. 10
POLICE SERVICES
Section
MEMBERS OF POLICE FORCES
47. Disabled members of police
forces
48. Employment equity plans
49 . Secondary activities
50. Indemnification for legal costs
51 . Po lice cadets
52. Auxiliary members of police
force
SPECIAL CONST ABLES
53. Special constables
FIRST NATIONS CONSTABLES
54. First Nations Constables
EMERGENCIES
55. Emergencies
PART V
DISCIPLINARY PROCEEDINGS
56. Misconduct
57. Inducing misconduct,
withholding services
58. Chief to investigate misconduct
59. Procedure in case of misconduct
not of serious nature
60. Hearing
61. Penalties
62. Misconduct by municipal chief
of police
63. Appeal: municipal police officer
64. Hearing by Commission instead
of board
65. Appeal: O.P .P.
66. Exception in case of public
complaint
67. Appeals to Commission
68. Extension of time for appeals
69. Delegation
70. Notice
71 . Suspension
72. Other employment during
period of suspension
PART VI
PUBLIC COMPLAINTS
73. Definitions
74. Attorney General
75. Application of Part
76. Bureau
INITIAL HANDLING OF
COMPLAINT
77. Complaint by member of public
78. Complaint by Commissioner
79 . Notice to police officer
80. Notice to potential complainant
81. Classification of complaint
82. Reclassification
Section
INFORMAL RESOLUTION,
WITHDRAWAL
83 . Informal resolution
84 . Withdrawal
POWERS OF CHIEF OF POLICE
85. Decision re no further action
86. Disciplinary proceeding
INVESTIGATION OF
COMPLAINT
87 . Investigation by bureau
88. Investigation by Commissioner
89. Investigation of complaint made
by Commissioner
DECISION BY CHIEF OF POLICE
90. Review of final report, decision
REVIEW BY COMMISSIONER
91. Review by Commi$sioner
HEARING BY BOARD OF
INQUIRY
92. Police officer's appeal
93. Constitution of board of inquiry
94. New hearing, exception
95. Parties
96. Hearing
97. Penalties
98. Appeal to Divisional Court
POLICE COMPLAINTS
COMMISSIONER
99. Appointment of Commissioner
100. Powers of Commissioner
101. Recommendations
102. Judicial review of
Commissioner's decisions
BOARDS OF INQUIRY
103. Appointments to panel
GENERAL MATTERS
104. Police officer's employment
record
105. Resignation after hearing
ordered
106. Notice
107. Delegation
108. Confidentiality
109. Non-application of Ombudsman
Act
110. Agreement for contributions
111 . Offence
112. Transition, complaints under
former Act
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I
I
6
Declaration
of principles
1981,c.53
Chap. 10 POLICE SERVICES Sec. 1
Section
PART VII
SPECIAL INVESTIGATIONS
113. Special investigations unit
PART VIII
LABOUR RELATIONS
114. Definitions
115. Exclusions
116. Hearing re person's status
117. Trade union membership
prohibited, exception
118. Categories
119. Bargaining
120. Bargaining sessions
121. Conciliation
122. Arbitration
123. Dispute, appointment of
conciliation officer
124. Arbitration after conciliation
fails
125. Extension of time
126. Restriction
127. Non-application of Arbitrations
Act
128. Agreements, decisions and
awards binding
129. Duration of agreements,
decisions and awards
130. Provision for expenditures
131. Arbitration Commission
Section
PART IX
REGULATIONS AND
MISCELLANEOUS
132. Property in possession of police
force
133. Money
134. Firearms
135. Regulations
136. Crown bound
PARTX
CONSEQUENTIAL
AMENDMENTS AND REPEALS
137. District Municipality of
Muskoka
138. Municipality of Metropolitan
Toronto
139. Regional Municipality of
Durham
140. Regional Municipality of
Haldimand-Norfolk
141. Regional Municipality of Halton
142. Regional Municipality of
Hamilton-Wentworth
143. Regional Municipality of
Niagara
144. Regional Municipality of Peel
145. Regional Municipality of
Sudbury
146. Regional Municipality of
Waterloo '
147. Regional Municipality of York
148. Repeals
1. Police services shall be provided throughout Ontario m
accordance with the following principles:
1. The need to ensure the safety and security of all
persons and property in Ontario.
2. The importance of safeguarding the fundamental
rights guaranteed by the Canadian Charter of Rights
and Freedoms and the Human Rights Code, 1981.
3. The need for co-operation between the providers of
police services and the communities they serve.
4. The importance of respect for victims of crime and
understanding of their needs.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
8 Chap. 10 POLICE SERVICES Sec. 1
5. The need for sensitivity to the pluralistic, multi
racial and multicultural character of Ontario
society.
6. The need to ensure that police forces are represent-
ative of the communities they serve. 1990, c. 10,
s. 1.
Definitions 2. In this Act,
"association" means an association whose members belong to
one police force and whose objects include the improve
ment of their working conditions and remuneration; ("asso
ciation")
"board" means, except in Part VI, a municipal police services
board; ("commission de police")
"chief of police" means a municipal chief of police or the
Commissioner of the Ontario Provincial Police and includes
an acting chief of police; ('"chef de police")
"Commission" means the Ontario Civilian Commission on
Police Services; ("Commission")
"Commissioner" means, except in Part VI, the Commissioner
of t_ he Ontario Provincial Police; ("commissaire")
"member of a police force" means a police officer, and in the
case of a municipal police force includes an employee who
is not a police officer; ("membre d'un corps de police")
"municipality" includes district, metropolitan and regional
municipalities and the County of Oxford; ("municipalite")
"police force" means the Ontario Provincial Police or a
municipal police force; ("corps de police")
"police officer" means a chief of police or any other police
officer, but does not include a special constable, a First
Nations Constable, a by-law enforcement officer or an aux
iliary member of a police force; ("agent de police")
"prescribed" means prescribed by the regulations; ("prescrit")
"regulations" means the regulations made under this Act.
(''reglements") 1990, c. 10, s. 2.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
10
Adminis
tration of
Act
Duties and
powers of
Solicitor
General
Chap. 10 POLICE SERVICES
PARTI
RESPONSIBILITY f OR POLICE SERVICES
SOLICITOR GENERAL
Sec.3(1)
3.-(1) This Act, except Part VI, shall be administered by
the Solicitor General.
(2) The Solicitor General shall,
(a) monitor police forces to ensure that adequate and
effective police services are provided at the munici
pal and provincial levels;
(b) monitor boards and police forces to ensure that they
comply with prescribed standards of service;
( c) monitor the establishment and implementation of
employment equity plans;
( d) develop and promote programs to enhance profes
sional police practices, standards and training;
( e) conduct a system of inspection and review of police
forces across Ontario; ;
(f) assist in the co-ordination of police services;
(g) consult with and advise boards, municipal chiefs of
police, employers of special constables and associa
tions on matters relating to police and police ser
vices;
(h) develop, maintain and manage programs and statis
tical records and conduct research studies in respect
of police services and related matters;
(i) provide to boards and municipal chiefs of police
information and advice respecting the management
and operation of police forces, techniques in han
dling special problems and other information calcu
lated to assist;
(j) issue directives and guidelines respecting policy
matters;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
·1
I
I
I
I
12
Ontario
Police
College
continued
Chap. 10 POLICE SERVICES Sec. 3 (2)
(k) develop and promote programs for community-
oriented police services;
(I) operate the Ontario Police College.
(3) The police college known as the Ontario Police College
for the training of members of police forces is continued.
1990, C. 10, S. 3.
MUNICIPALITIES
Police 4.-(1) Every municipality to which this subsection applies
services in
municipalities shall provide adequate and effective police services in accord-
Application
of subsection
(1)
Exception,
Muskoka
Exception ,
Ottawa Carleton
Exception,
Oxford
County
Exemption of
towns of less
than 5,000
R.S.O . 1980,
C. 31
Restriction,
villages and
townships
ance with its needs.
(2) Subsection (1) applies to,
(a) cities, towns, villages and townships (other than
area municipalities within regional or metropolitan
municipalities); and
(b) regional and metropolitan municipalities.
(3) Subsection (1) does not apply to The District Munici
pality of Muskoka or to its area municipalities.
( 4) S_ ubsection ( 1) does not apply to The R~gional Munici
pality of Ottawa-Carleton but does apply to its area munici
palities.
(5) Subsection (1) does not apply to the County of Oxford
but does apply to its area municipalities.
( 6) The Lieutenant Governor in Council may, on the Solici
tor General's recommendation, exempt any town having a
population of less than 5,000 according to the last enumera
tion taken under section 14 of the Assessment Act from the
application of subsection (1), and the exemption continues in
effect until it is revoked.
(7) Subsection (1) applies to a village or township only if it
has been so designated by the Lieutenant Governor in Council
on the Solicitor General's recommendation; the designation
may relate to all or part of the village or township. 1990,
C. JO, S. 4.
I
I
I.
I
Ii
I
I
I
1 :
I
I
I
i
I
I
I
I
I
I
I
I
I
14
Methods of
establishing
municipal
police forces
Amalga
mation of
police forces
Contents of
amalgamation
agreement
Commission's
approval
Exception ,
board
appointments
Chap. 10 POLICE SERVICES Sec. 5
5. A municipality's responsibility for providing police ser
vices shall be discharged in one of the following ways:
1. The board may appoint the members of a police
force under clause 31 (1) (a), in which case the
municipal council shall pay the cost of the police
force.
2. The board may enter into an agreement under sec
tion 7 ( sharing police services).
3. The council may enter into an agreement under sec
tion 10 (agreements for provision of police services
by O.P.P.).
4. With the Commission's approval, the municipality
may adopt a different method of providing police
services. 1990, c. 10, s. 5.
6.-(1) Despite any other Act, two or more municipalities
that have police forces may enter into an agreement to amal
gamate them.
(2) The agreement shall deal with,
(a) the establishment and composition of a board for
the amalgamated police forces;
(b) the amalgamation of the police forces and the
appointment or transfer of their members;
( c) the amalgamated board's use of the assets and its
responsibility for the liabilities associated with the
police forces;
( d) the budgeting of the cost for the operation of the
amalgamated police force;
( e) any other matter that is necessary or advisable to
effect the amalgamation.
(3) The agreement does not take effect until the Commis
sion has approved the organization of the amalgamated police
force.
( 4) Appointments to a board for amalgamated police forces
may be made before the agreement takes effect. 1990, c. 10,
s. 6.
________ ___ __:__ __________ ______ - -
I I'.
I
I'
: i
I
I :i
·I '
*
I
I
I
I
16
Municipal
agreements
for sharing
police
services
Additional
municipal
police forces
Chap. 10 POLICE SERVICES Sec. 7
7. Two boards may agree that one board will provide
police services to the other, on the conditions set out in the
agreement. 1990, c. 10, s. 7.
8.-(1) A municipality to which subsection 4 (1) ( obliga
tion to provide police services) does not apply may, with the
Commission's approval, establish and maintain a police force.
Transition (2) An approval given or deemed to have been given under
R.s.o. 1980, section 19 of the Police Act in respect of a police force that
C. 381
was being maintained on the day before this Act comes into
Revocation
Failure to
provide
police
services
Inadequate
police
services
Idem
Crown
Attorney's
request
Board's
request
Request of
chief of
police in
emergency
force shall be deemed to have been given under this section.
(3) The Commission may revoke an approval given or
deemed to have been given under this section. 1990, c. 10,
s. 8.
9.-(1) If the Commission finds that a municipality to
which subsection 4 (1) applies is not providing police services,
it may request that the Commissioner have the Ontario Pro
vincial Police give assistance.
(2) If the Commission finds that a municipal police force is
not providing adequate and effective police services or is not
complying with this Act or the regulations, it may communi
cate that finding to the board of the municipality and direct
the board to take the measures that the Commission considers
necessary.
(3) If the board does not comply with the direction, the
Commission may request that the Commissioner have the
Ontario Provincial Police give assistance.
(4) In any area for which a municipality is required to pro
vide police services, the Crown Attorney may request that the
Commissioner have the Ontario Provincial Police give assis
tance.
(5) A bo'ard may, by resolution, request that the Commis
sioner have the Ontario Provincial Police give assistance.
( 6) A municipal chief of police who is of the opinion that
an emergency exists in the municipality may request that the
Commissioi:ier have the Ontario Provincial Police give assis
tance.
I
I ,
I
I
I
-
18
Chief of
police to
advise board
Assistance of
O.P.P.
Cost of
services
Chap. 10 POLICE SERVICES Sec. 9 (7)
(7) A chief of police who makes a request under subsection
( 6) shall advise the chair of the board of the fact as soon as
possible.
(8) When a request is made under this section, the Com
missioner shall have the Ontario Provincial Police give such
assistance as he or she considers necessary.
(9) The Commissioner shall certify the cost of the services
provided under this section by (he Ontario Provincial Police
and, unless the Solicitor General directs otherwise, the munic
ipality shall pay that amount to the Treasurer of Ontario.
Idem . (10) The amount may be deducted from any grant payable
Municipal
agreements
for provision
of police
services by
O.P.P.
Board's
consent
Collective
bargaining
Duties of
O .P.P.
Payment into
Consolidated
Revenue
Fund
Role of
board
to the municipality out of provincial funds or may be
recovered by a court action, with costs, as a debt due to Her
Majesty. 1990, c. 10, s. 9.
10.-(1) The Solicitor General may enter into an agree
ment with the council of a municipality for the provision of
police services for the municipality by the Ontario Provincial
Police.
(2) The agreement requires the board's consent.
(3) No agreement shall be entered into under this section
if, in the Solicitor General's opinion, the council seeks the
agreement for the purpose of defeating the collective bargain
ing provisions of this Act.
( 4) When the agreement comes into effect, the members of
the Ontario Provincial Police assigned to the municipality
shall provide police services, including by-law enforcement ,
for the municipality, and shall perform any other duties that
are specified in the agreement.
(5) The amounts received from the municipality under the
agreement shall be paid into the Consolidated Revenue Fund.
(6) If the municipality has an agreement under this section,
section . 31 (responsibilities of board), section 38 (municipal
police force) and clause 39 (3) ( a) ( estimates respecting police
force) do not apply; however, the board shall advise the Solic
itor General and the senior officer of the Ontario Provincial
Police in the municipality with respect to police services in the
municipality, and may generally determine priorities in the
municipality with respect to police services, in accordance
with the agreement and with provincial policies affecting the
Ontario Provincial Police. 1990, c. 10, s. 10.
I
t '
I
I
L
f'
I
I
I
!
I
I
,,
.,,
1 -:
I , i
I
t
I
1 ,
I:
I
1 ;
! :1
d ,!I
!I i'.
I
!
,:
20
Fines
Chap. 10 POLICE SERVICES Sec. 11 (1)
11.-(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 force.
Idem (2) If the municipality does not have its own police force
because of an agreement under section 7 or 10, the police
officers who are assigned to the municipality under the agree
ment shall, for the purposes of determining entitlement to
fines, be deemed to be police officers of the municipal police
force. 1990, c. 10, s. 11.
Rates for 12.-(1) With the Commission's approval, the costs incur-
cost of police
services red by a municipality in providing police services may be paid
Exemption
for farm
lands and
buildings
Special areas
Agreement
for provision
of police
services by
O .P.P.
Duties of
O.P.P.,
payment
Failure to
enter into
agreement
by levying different rates for different areas defined by the
municipal council or by levying rates in some but not all areas.
(2) With the Commission's approval, the municipal council
may grant a total or partial exemption from a rate or rates
levied under subsection (1) to lands and buildings used exclu
sively for farming purposes. 1990, c. 10, s. 12.
13.-(1) If, because of the establishment of a business or
for any other reason, special circumstances or abnormal con
ditions in an area make it inequitable, in the Solicitor Gener
al's opinion, to impose the responsibility for police services on
a municipality or on the Province, the Lieutenant Governor in
Council may designate the area as a special qrea.
(2) The person who operates the business or owns the spe
cial area shall enter into an agreement with the Solicitor Gen
eral for the provision of police services by the Ontario Provin
cial Police for the special area.
(3) Subsections 10 (4) and (5) apply to the agreement with
necessary modifications.
( 4) If the person who operates the business or owns the
special area does not enter into an agreement as subsection
(2) requires, the Ontario Provincial Police shall provide police
services for the area.
r
l
I
t
l
I
I
I
I'
I
I
I
~
I
I
I
I
I
I
[I
I
I
I
I
I
I
22
Cost of
services
Police
services
outside
municipality
Chap. 10 POLICE SERVICES Sec. 13 (5)
(5) The costs of the services may be recovered from the
person by a court action, with costs, as a debt due to Her
Majesty. 1990, c. 10, s. 13.
14. A municipality that has an interest in land outside the
territory of the municipality may agree to pay all or part of
the cost of providing police services for the land. 1990,
C. 10, S. 14.
Municipal by- 15.-(1) A municipal council may appoint persons to
~an~orcement enforce the by-laws of the municipality.
officers
Peace officers (2) Municipal by-law enforcement officers are peace offic-
Aid to
survivors
Commis
sioner
Functions
Employment
equity plans
Annual
report
ers· for the purpose of enforcing municipal by-laws. 1990,
C. 10, S. 15.
16. A municipal council may grant financial or other assis
tance for the benefit of the surviving spouses and children of
members of the municipal police force who die from injuries
received or illnesses contracted in the discharge of their
duties. 1990, c. 10, s. 16.
ONT ARIO PROVINCIAL POLICE
17 .-(1) There shall be a Commissioner of the Ontario
Provincial ?olice who shall be appointed by the Lieutenant
Governor in Council.
(2) Subject to the Solicitor General's direction, the Com
missioner has the general control and administration of the
Ontario Provincial Police and the employees connected with
it.
(3) The Commissioner shall prepare and implement an
employment equity plan in accordance with section 48 and the
regulations.
( 4) After the end of each calendar year, the Commissioner
shall file wi'th the Solicitor General an annual report on the
affairs of the Ontario Provincial Police. 1990, c. 10, s. 17.
Composition
of O .P.P.
18.-(1) The Ontario Provincial Police shall consist of the
Commissioner and other police officers appointed under the
R.s.o. 1980, Public Service Act.
C. 418
Ranks (2) The Commissioner shall establish the ranks within the
Ontario Provincial Police and shall determine the rank of each
police officer.
a
~ -
t
~
l (
t
f
i
t
t
t
I
f
I
l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
24
Commis sioned
officers
Employees
Responsi
bilities of
O.P.P.
R.S.O. 1980,
C. 421
Municipal by
laws
Aid to
survivors
Chap. 10 POLICE SERVICES Sec. 18 (3)
(3) The Lieutenant Governor in Council may name police
officers of the Ontario Provincial Police to the rank of com
missioned officers and may authorize the issue of commissions
to them under the Great Seal.
( 4) The Commissioner may appoint such other employees
as are required in connection with the Ontario Provincial
Police. 1990, c. 10, s. 18.
19.-(1) The Ontario Provincial Police have the following
responsibilities:
1. Providing police · services in respect of the parts of
Ontario that do not have municipal police forces
other than by-law enforcement officers.
2. Providing police services in respect of all navigable
bodies and courses of water in Ontario, except
those that lie within municipalities designated by
the Solicitor General.
3. Maintaining a traffic patrol on the King's Highway,
except the parts designated by the Solicitor
General.
4. Maintaining a traffic patrol on the connecting links
within the meaning of section 21 of the Public
Transportation and Highway Improvement Act that
ate designated by the Solicitor General.
5. Maintaining investigative services to assist municipal
police forces on the Solicitor General's direction or
at the Crown Attorney's request.
(2) The Ontario Provincial Police have no responsibilities
in connection with municipal by-laws, except under agree
ments made in accordance with section 10. 1990, c. 10,
s. 19.
20. 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. 1990, c. 10, s. 20.
art
(
ag(
d'o
gra
la
art
Po
b
d
cl
a
C
d
Sl
lt
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
26
Commission
continued
Chap. 10 POLICE SERVICES Sec. 21 (1)
PART II
ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
21.-(1) The commission known as the Ontario Police
Commission is continued under the name of "Ontario Civilian
Commission on Police Services".
Composition (2) The Commission shall consist of not fewer than three
and not more than nine members who shall be appointed by
the Lieutenant Governor in Council.
Chair (3) The Lieutenant Governor in Council may designate one
of the members of the Commission to be the chair.
Delegation ( 4) The chair may authorize a member of the Commission
to exercise the Commission's powers and perform its duties
with respect to a particular matter, but the authority conferred
on the Commission by sections 23 and 24 may not be delegat
ed.
Quorum (5) Two members of the Commission constitute a quorum.
Proceedings
open to the
public
Exception
(6) Meetings, hearings, investigations and inquiries con
ducted by the Commission shall be open to the public, subject
to subsection (7), and notice of them shall be published in the
manner that the Commission determines.
(7) The Commission may exclude the public from all or
part of a meeting, hearing, investigation or inquiry if it is of
the opinion that,
(a) matters involving public security may be disclosed
and~ having regard to the circumstances , the desir
ability of avoiding their disclosure in the public
interest outweighs the desirability of adhering to the
principle that proceedings be open to the public; or
(b) intimate financial or personal matters or other mat
ters may be disclosed of such a nature, having
regard to the circumstances, that the desirability of
avoiding their disclosure in the interest of any per
son affected or in the public interest outweighs the
desirability of adhering to the principle that pro
ceedings be open to the public.
Admissibility (8) A document purporting to be issued by the Commission
of documents
and signed by one of its members is admissible in evidence
without proof of the signature or authority of the person sign
mg.
art. :
2)
nue
de 1'
1
(2
nom
(3
des 1
(4
sion
des
conf
(5
rum
(t
son1
leur
('i
d'UI
si el
(
Co· 1
adr
the
I •
,; 1 '
·1 ··
'
I
I
I
I
I
I
I
I
I
28
Annual
report
Chap. 10 POLICE SERVICES Sec. 21 (9)
(9) After the end of each calendar year, the Commission
shall file with the Solicitor General an annual report on its
affairs.
Expenses (10) The money required for the Commission's purposes
shall be paid out of the amounts appropriated by the Legisla
ture for that purpose. 1990, c. 10, s. 21.
Powers and 22.-(1) The Commission's powers and duties include,
duties of
Commission
(a) if the Solicitor General advises the Commission that
a board or municipal police force is not complying
with prescribed standards of police services,
(i) directing the board or police force to comply,
and
(ii) if the Commission considers it appropriate,
taking measures in accordance with subsection
23 (1);
(b) if the Solicitor General advises the Commission that
a board or municipal chief of police is not comply
ing with the requirements of this Act and the regu
lations respecting employment equity plans,
(i) directing the board or chief ;of police to com
ply, and
(ii) if the Commission considers it appropriate,
taking measures in accordance with subsection
23 (2);
( c) conducting investigations with respect to municipal
police matters under section 25;
( d) conducting inquiries into matters relating to cnme
and law enforcement under section 26;
( e) inquiring into any matter regarding the designation
of a municipality under subsection 4 (7) (police ser
vices in villages and townships) and, after a hearing,
making recommendations to the Solicitor General;
(f) hearing and disposing of appeals by members of
police forces in accordance with Part V.
I
I
I
I
I
I
I
1 1
I
I
·I
I
I
I
I
I
I
I
I
30
Powers of
Commission
in hearings,
investigations
and inquiries
R.S.O. 1980,
C. 411
Counsel
Sanctions for
failure to
comply with
prescribed
standards of
police
services
Sanctions for
failure to
comply with
requirements
respecting
employment
equity plans
Chap. 10 POLICE SERVICES Sec. 22 (2)
(2) When the Commission conducts a hearing, investigation
or inquiry, it has all the powers of a commission under Part II
of the Public Inquiries Act, which Part applies to the proceed
ing as if it were an inquiry un. der that Act.
(3) At the Commission's request, the Solicitor General may
appoint counsel to assist the Commission in a hearing, investi
gation or inquiry. 1990, c. 10, s. 22.
23.-(1) If the Commission is of the opinion, after holding
a hearing, that a board or municipal police force has flagrantly
or repeatedly failed to comply with prescribed standards of
police services, the Commission may take any of the following
measures or any combination of them:
1. Suspending the chief of police, one or more mem
bers of the board, or the whole board, for a speci
fied period.
2. Removing the chief of police, one or more members
of the board, or the whole board from office.
3. Disbanding the police force and requiring the
Ontario Provincial Police to provide police services
for the municipality.
4. Appointing an administrator to perform specified
functions with respect to police matters in the
municipality for a specified period.
(2) If the Commission is of the opinion, after holding a
hearing, that a board or municipal chief of police has failed to
comply with the requirements of this Act and the regulations
respecting employment equity plans, the Commission may
take any of the following measures or any combination of
them:
1. Suspending the chief of police, one or more mem
bers of the board, or the whole board, for a speci
fied period.
2. Removing the chief of police, one or more members
of the board, or the whole board from office.
3. Appointing an administrator to perform specified
functions with respect to employment equity,
recruitment and promotion in the police force for a
specified period.
e
i=
s
F
I
s
I
I
I
I
I
I'
I
I
I
I
I
I
I
I
I
I
I
I
I
32
Suspension
with or
without pay
Defence
Powers of
administrator
Replacement
of chief of
police
Parties
Idem
Replacement
of suspended
or removed
member
Conse
quences of
removal and
suspension
Chap. 10 POLICE SERVICES Sec. 23 (3)
(3) If the Commission suspends the chief of police or mem
bers of the board who are entitled to remuneration under sub
section 27 (12), it shall specify whether the suspension is with
or without pay.
( 4) The Commission shall not take measures under subsec
tion (2) with respect to the failure of a chief of police to meet
specific goals or timetables contained in the employment
equity plan if the Commission finds that the chief of police has
made all reasonable efforts to meet them.
(5) An administrator appointed under paragraph 4 of sub
section (1) or paragraph 3 of subsection (2) has all the powers
necessary for the performance of his or her functions.
( 6) If the Commission suspends or removes the chief of
police, it may appoint a person to replace him or her.
(7) The parties to the hearing are the chief of police, the
board, any member of the board that the Commission desig
nates and, if the Commission so directs, the association or
associations representing members of the police force.
(8) The Commission may add parties at any stage of the
hearing on the conditions it considers proper.
(9) If . the Commission suspends a member ~f a board or
removes him or her from office, the municipal council or the
Lieutenant Governor in Council, as the case may be, shall
appoint a person to replace the member.
(10) A member who has been removed shall not subse
quently be a member of any board , and a member who has
been suspended shall not be reappointed during the period of
suspension.
Appeal to (11) A party may appeal to the Divisional Court within
Divisional
court • thirty days of receiving notice of the Commission's decision.
Grounds for
appeal
Idem
(12) An appeal may be made on a question that is not a
question of fact alone, or from a penalty, or both.
(13) An appeal may also be made from a finding that a
chief of police has made all reasonable efforts to meet the spe
cific goals and timetables contained in an employment equity
plan.
art
me
ne
d'l
au
de
en
ef1
pa
les
de
sic
de
le~
po
de
SIC
pa
no
m1
br
pe
SH
l'a
lei
dt
qt
••
8'!
I ii .
. 11 1
: l
l
il i:1
/_ i I
I '
!'
I I
,;
l
: ·1.
,.:
1 •·:
I··
I
I
I
I
I
· 1
I
I
34
Appeal by
non-parties
Emergency,
interim order
Chap. 10 POLICE SERVICES Sec. 23 (14)
(14) If the consent of the Attorney General is sought within
thirty days of the Commission's decision and is given, a per
son who is not a party may appeal under subsection (13) as if
he or she were a party. 1990, c. 10, s. 23.
24.-(1) The Commission may make an interim order
under subsection 23 (1), without notice and without holding a
hearing, if it is of the opinion that an emergency exists and
that the interim order is necessary in the public interest.
Restriction (2) The Commission shall not remove a person from office
Investigations
into police
matters
Cost of
investigation
Report
or disband a police force by means of an interim order.
1990, C. 10, S. 24.
25.-(1) The Commission may, at the Solicitor General's
request, at a municipal council's request or of its own motion,
investigate, inquire into and report on,
(a) the conduct or the performance of duties of a
municipal chief of police or other municipal police
officer, an auxiliary member of a municipal police
force, a special constable, a by-law enforcement
officer or a member of a board;
(b) the administration of a municipal police force;
( c) the manner in which police serviGes are provided for
a municipality;
( d) the police needs of a municipality.
(2) The cost of an investigation conducted at a council's
request shall be paid by the municipality, unless the Solicitor
General directs otherwise.
(3) The Commission shall communicate its report of an
investigation under subsection (1) to the Solicitor General at
his or her request and to the board or council at its request,
and may communicate the report to any other person as the
Commission considers advisable.
I
I
I
I
!
I
I
I
, I
I'
I
I
I
I
I
I
I
! I
I
J
I
I
l
J
36
Penalties,
member of
police force
Penalties,
member of
board
Appeal to
Divisional
Court
Grounds for
appeal
Replacement
of suspended
or removed
member
Conse quences of
removal and
suspensio n
Inquiries
respecting
crime and
law
enforcement
Chap. 10 POLICE SERVICES Sec. 25 (4)
( 4) If the Commission concludes after a hearing that a
member of a police force is not performing or is incapable of
performing the duties of his or her position in a satisfactory
manner· , it may direct that the member be,
(a) demoted as the Commission specifies, permanently
or for a specified period;
(b) dismissed; or
( c) retired, if the member is entitled to retire.
( 5) If the Commission concludes, after a hearing, that a
member of a board is guilty of misconduct or is not perform
ing or is incapable of performing the duties of his or her posi
tion in a satisfactory manner, it may remove or suspend the
member.
( 6) A member of a police force or of a board on whom a
penalty is imposed under subsection ( 4) or (5) may appeal to
the Divisional Court within thirty days of receiving notice of
the Commission's decision.
(7) An appeal may be made on a question that 1s not a
question of fact alone, or from a penalty, or both.
(8) If the Commission suspends a member of a board or
removes him or her from office, the municipal council or the
Lieutenant Governor in Council, as the case may be, shall ·
appoint a person to replace the member.
(9) A member who has been removed shall not subse
quently be a member of any board, and a member who has
been suspended shall not be reappointed during the period of
suspension. 1990, c. 10, s. 25.
26.-(1) The Lieutenant Governor in Council may direct
the Commission to inquire into and report to the Lieutenant
Governor in Council on any matter relating to crime or law
enforcement, and shall define the scope of the inquiry in the
direction.
Application (2) Section 6 (stated case) of the Public Inquiries Act
n s ~:s~_
0
4
1
1, applies to inquiries conducted under this section.
s. 6
an
: :,f::::.-._ ___ au
, . . :
es
fa
a
r
I
I
I
I·
- I
•
: .
!, I
i:
1 1
I
I
I . ,j:
,I
;. !
f
I
1 .
I
1 ·
I
I,
-
I
I
I
I
I
•
38
Rights of
witnesses
Offence
Police
services
boards
Boards of
commis
sioners of
police
continued as
police
services
boards
R.S.O . 1980,
C. 381
Name
Three
member
boards in
smaller
municipalities
R.S.O. 1980,
C. 31
Chap. 10 POLICE SERVICES Sec. 26 (3)
(3) Witnesses at inquiries conducted under this section have
the right to retain and instruct counsel and all the other rights
of witnesses in civil courts.
( 4) Any person who knowingly discloses, without the Com
mission's consent, evidence taken in private at an inquiry con
ducted under this section or information likely to identify the
witness is guilty of an offence and on conviction is liable to a
fine of not more than $5,000. 1990, c. 10, s. 26.
PART III
MUNICIPAL POLICE SERVICES BOARDS
27.-(1) There shall be a police services board for every
municipality that maintains a police force.
(2) Every board of commissioners of police constituted or
continued under the Police Act or any other Act and in exis
tence on the day this Act comes into force is continued as a
police services board.
(3) A board shall be known as "(insert name of
municipality) Po~ice Services Board".
( 4) The board of a municipality whose population accord
ing to the last enumeration taken under section 14 of the
Assessment Act does not exceed 25,000 shall consist of,
(a) the head of the municipal council, or another coun
cil member appointed by resolution of the council;
and
(b) two persons appointed by the Lieutenant Governor
in Council.
Five-member (5) The board of a municipality, other than a regional or
boards in
larger metropolitan municipality, whose population according to the
municipalities last enumeration taken under section 14 of the Assessment Act
exceeds 25,000 shall consist of,
- -------- -
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
40
Smaller
municipal
ities, option
to expand
board
Transition
R.S.O. 1980,
C. 381
Chap. 10
(a)
(b)
POLICE SERVICES Sec. 27 (5)
the head of the municipal council, or another coun
cil member appointed by resolution of the council;
one person appointed by resolution of the council;
and
( c) three persons appointed by the Lieutenant Gover
nor in Council.
(6) The council of a municipality to which subsection (4)
would otherwise apply may determine, by resolution, that the
composition of its board shall be as described in subsection
(5).
(7) A resolution passed under clause 8 (2a) (b) of the
Police Act before the day this Act comes into force shall be
deemed to have been passed under subsection ( 6).
Regional and (8) The board of a regional or metropolitan municipality
metropolitan
municipalities shall consist of'
Seven
member
boards in
certain
circumstances
R.S.O. 1980,
C. 31
Vacancies
(a) two council members appointed by resolution of the
municipal council; and
(b) three persons appointed by the Lieutenant Gover
nor in Council.
(9) The council of a regional or metropolitan municipality
whose population according to the last enumeration taken
under section 14 of the Assessment Act exceeds 300,000 may
apply to the Lieutenant Governor in Council for an increase
in the size of its board; if the Lieutenant Governor in Council
approves the application, the board shall consist of,
(a) the head of the council, or another council member
appointed by resolution of the council;
(b) two council members appointed by resolution of the
council; and
( c) four persons appointed by the Lieutenant Governor
in Council.
(10) If the position of a member appointed by the Lieuten
ant Governor in Council becomes vacant, the Solicitor Gen
eral may appoint a replacement to act until the Lieutenant
Governor in Council makes a new appointment.
art.
((
nor
luti
bre
(
de
la l
par
(
OU
me
Cl!=
re<
la
de
nc
OH
po
! ' · ,
j I , 1
i 1!
; iJ
j :
I :1
42 Chap. 10 POLICE SERVICES Sec. 27 (11)
Idem (11) If the pos1t10n of a member who is appointed by a
Remuner
ation
Judges and
justices of
the peace
ineligible
Transition,
judges and
justices of
the peace
municipal council or holds office by virtue of being the head
of a municipal council becomes vacant, the board shall notify
the council, which shall forthwith appoint a replacement.
(12) The council shall pay the members of the board who
are appointed by the Lieutenant Governor in Council or Solic
itor General remuneration that is at least equal to the pre
scribed amount.
(13) No judge or justice of the peace shall be appointed as
a member of a board.
(14) A judge or justice of the peace who is a member of a
board on the day this Act comes into force may continue to
be a member until the third anniversary of that day.
Transition, (15) In the case of a municipality that is required by subsec-
municipalities (
without tion 1) to have a police services board and that does not, on
boards the day this Act comes into force, have a board of commis
sioners of police , the following rules apply:
Election of
chair
Protection
from
personal
liability
Board's
liability
1. Subsection (1) does not apply to the municipality
until the first anniversary of the coming into force
of this Act.
2. Until subsection (1) applies
1
to the municipality
1
the
council shall perform the duties and may exercise
the powers that this Act imposes and confers on
police services boards. 1990, c. 10, s. 27.
28. The members of a board shall elect a chair at the
board's first meeting in each year. 1990, c. 10, s. 28.
29.-(1) No action or other proceeding for damages shall
be instituted against a member of a board for any act done in
good faith in the execution or intended execution of his or her
duty or for any alleged neglect or default in the execution in
good faith of that duty.
(2) Subsection (1) does not relieve a 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. 1990, c. 10, s. 29.
44
Board may
contract, sue
and be sued
Members not
liable for
board's
contracts
Responsi
bilities of
boards
Chap. 10 POLICE SERVICES
~
Sec. 30 (1)
30.- . (1) A board may contract, sue and be sued in its own
name.
(2) The members of a board are not personally liable for
the board's contracts. 1990, c. 10, s. 30.
31.-(1) A board is responsible for the provision of police
services and for law enforcement and crime prevention in the
municipality and shall,
(a) appoint the members of the municipal police force;
(b) generally determine, after consultation with the
chief of police, objectives and priorities with respect
to police services in the municipality;
( c) establish policies for the effective management of
the police force;
( d) recruit and appoint the chief of police and any dep
uty chief of police, and annually determine their
remuneration and working conditions, taking their
submissions into account;
( e) direct the chief of police and monitor his or her per
formance;
(f) establish an employment equity plan in accordance
with section 48 and the regulations, review its
implementation by the chief of police and receive
regular reports from him or her on that subject;
(g) receive regular reports from the chief of police on
disclosures and decisions made under section 49
( secondary activities);
(h) establish guidelines with respect to the indemnifica
tion of members of the police force for legal costs
under section 50;
(i) establish guidelines for the administration by the
chief of police of the public complaints system
under Part VI;
(j) review the administration by the chief of police of
the public complaints system and receive regular
reports from him or her on that subject.
---------------- ----------
- ---
I
I,
I
I
i :
l .
I
l
~
l . I "
l
' · ,'·' ,i ;-,
'1 ;,
' ; ; I
I
I
I
I
I
I
I
I
I
'
I
46 Chap. 10 POLICE SERVICES Sec. 31 (2)
Me~bers of (2) The members of the police force, whether they were
pohce force . d b h b d d h b d' . . d'
under board's appomte y t e oar or not, are un er t e oar s JUflS IC-
jurisdiction tion.
Restriction
Idem
Training of
board
members
Rules re
management
of police
force
Guidelines re
secondary
activities
Oath of
office
(3) The board may give orders and directions to the chief
of police, but not to other members of the police force, and
no individual member of the board shall give orders or direc
tions to any member of the police force.
( 4) The board shall not direct the chief of police with
respect to specific operational decisions or with respect to the
day-to-day operation of the police force.
(5) The board shall ensure that its members undergo any
training that the Solicitor General may provide or require.
(6) The board may, by by-law, make rules for the effective
management of the police force.
(7) The board may establish guidelines consistent with sec
tion 49 for police officers' disclosure of secondary activities to
the chief of police and for the decisions of the chief of police
under subsection 49 (4). 1990, c. 10, s. 31.
32. Before entering on the duties of office, a member of a
board shall take an oath or affirmation .of office in the pre-
'
scribed form. 1990, c. 10, s. 32. ·
Agreement 33.-(1) Despite any special Act, two or more municipali-
to constitute
joint board ties whose combined population according to the last enumer-
R.s.o. 1980, ation taken under section 14 of the Assessment Act exceeds
c.
31
5,000 may enter into an agreement to constitute a joint board.
Idem (2) The agreement must be authorized by by-laws of the
councils of the participating municipalities and requires the
consent of their boards.
Composition (3) The joint board shall consist of,
of board
' I
11
, I
1 1
! 'll
48
Application
of Act to
joint boards
Chap. 10
(a)
(b)
POLICE SERVICES Sec. 33 (3)
the heads of the councils of the participating munic
ipalities; and
other members appointed by the Lieutenant Gover
nor in Council.
( 4) The provisions of this Act that apply to boards also
apply with necessary modifications to joint boards. 1990,
C. 10, S. 33.
Delegation 34. A board may delegate to two or more of its members
Meetings
Quorum
Proceedings
open to the
public
Exception
any authority conferred on it by this Act, except,
(a) the authority to hear the appeals of police officers
found guilty of misconduct under Part V, which
must be exercised by a quorum; and
(b) the authority to bargain under Part VIII, which the
board may delegate to one or more members.
1990, C. 10, S. 34.
35.-(1) The board shall hold at least four meetings each
year.
(2) A majority of the members of the board constitutes a
quorum.
(3) Meetings and hearings conducted by the board shall be
open to the public, subject to subsection ( 4), and notice of
them shall be published in the manner that the board deter mines.
( 4) The board may exclude the public from all or part of a
meeting or hearing if it is of the opinion that,
(a) . matters involving public security may be disclosed
and, having regard to the circumstances, the desir
ability of avoiding their disclosure in the public
interest outweighs the desirability of adhering to the
principle that proceedings be open to the public; or
(b) intimate financial or personal matters or other mat
ters may be disclosed of such a nature, having
regard to the circumstances, that the desirability of
avoiding their disclosure in the interest of any per
son affected or in the public interest outweighs the
desirability of adhering to the principle that pro-
ceedings be open to the public. 1990, c. 10, s. 35. ·
'
i·
f ·
{ '
! '
i!
i!
I
.I
I '
1 :
I '
1 ·
,;
I,,
·1 :1
1,i
50
Admissibility
of documents
Chap. 10 POLICE SERVICES Sec. 36
36. A document purporting to be a by-law of the 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. 1990, c. 10, s. 36.
Power with 37. In performing its duties under this Act, a board has all
~i~~:~!etso the powers of a commission under Part II of the Public Inquir-
R.s.o. 1980, ies Act, which Part applies to the board as if it were conduct-
c.
411
ing an inquiry under that Act. i990, c. 10, s. 37.
Municipal
police force
Estimates
Time
Idem
Commission
hearing in
case of
disagreement
38. A municipal police force shall consist of a chief of
police and such other police officers and other employees as
the board considers adequate, and shall be provided with the
equipment and facilities that the board considers adequate.
1990, C. 10, S. 38.
39.-(1) Each year, the board shall submit to the munici
pal council or to each council responsible for maintaining the
police force, as the case may be, its estimates for the year.
(2) The estimates shall be submitted at least one month
before the beginning of the fiscal year of the municipality or
municipalities, as the case may be; if they are to be submitted
to municipalities whose fiscal years begin on different dates,
they shall be submitted to all the councils at least one month
before the earliest date.
1
•
(3) The estimates shall show, separately, the amounts that
will be required,
(a) to maintain the police force and provide it with
equipment and facilities; and
(b) to pay the expenses of the board's operation other
than the remuneration of board members.
( 4) If the council does not approve the board's estimates or
disagrees with the board on the number of members of the
police force that is adequate or the equipment and facilities
that are adequate, the· Commission shall determine the ques
tion after a hearing. 1990, c. 10, s. 39.
i I .
,·;
I
~ I
52
Reduction or
abolition of
police force
Chap. 10 POLICE SERVICES Sec. 40 (1)
40.-(1) A board may terminate the employment of a
member of the police force for the purpose of abolishing the
police force or reducing its size if the Commission consents
and if the abolition or reduction does not contravene this Act.
Criteria for (2) The Commission shall consent to the termination of the
Commission's
consent employment of a member of the police force under subsection
Order
imposing
arbitration
Arbitration
Duties of
chief of
police
(1) only if,
(a) the member and the bqard have made an agreement
dealing with severance pay or agreed to submit the
matter to arbitration; or
(b) the Commission has made an order under sub
section (3).
(3) If the member and the board do not make an agree
ment dealing with severance pay and do not agree to submit
the matter to arbitration, the Commission, if it is of the opin
ion that it would be appropriate to permit the abolition of the
police force or the reduction of its size, may order the mem
ber and the board to submit the matter to arbitration and may
give any necessary directions in that connection.
( 4) Section 124 applies to an arbitration referred to in this
section with necessary modifications. 199P, c. 10, s. 40.
PART IV
POLICE OFFICERS AND OTHER POLICE STAFF
CHIEF OF POLICE
41.-(1) The duties of a chief of police include,
(a) in the case of a municipal police force , administer
ing the police force and overseeing its operation in
accordance with the objectives, priorities and poli
cies established by the board under subsection
31 (1);
(b) ensuring that members of the police force carry out
their duties in accordance with this Act and the
regulations and in a manner that reflects the needs
of the community, and that discipline is maintained
in the police force;
,i,
,:1
:,.,,, ,
I
I ·
I
I
I
54 Chap. 10 POLICE SERVICES Sec. 41 (1)
( c) ensuring that the police force provides community
oriented police services;
( d) administering discipline in accordance with Part V;
( e) administering the public complaints system under
Part VI;
(f) implementing the employment equity plan estab
lished under section 48 and the regulations;
(g) in the case of a municipal police force, reporting to
the board at regular intervals on public complaints
and on the implementation of the employment
equity plan.
Chi_ef of (2) The chief of police reports to the board and shall obey
fi
1
~c;a;~ports its lawful orders and directions. 1990, c. 10, s. 41.
Duties of
police officer
POLICE OFFICERS
42.-(1) The duties of a police officer include,
(a) preserving the peace;
(b) preventing crimes and other offences and providing
assistance and encouragement tp 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, prosecuting and participating m
_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) in the case of a municipal police force and in the
case of an agreement under section 10 ( agreement
for provision of police services by O. P. P.), enforc
ing municipal by-laws;
I
I
I
; , ':y,
I •)+:
I
'·l,i'
1
11'
'.••'1 .• :1
i ' 1J
I ;:.l.1
I ·.1:' I
i'l:j,
' i
I
I
1·
l
I
r
I •
11
56
Power to act
throughout
Ontario
Powers and
duties of
common law
constable
Criteria for
hiring
Idem
Probationary
period
Time for
completing
initial
training
Termination
of
employment
during
probationary
period
Chap. 10 POLICE SERVICES Sec. 42 (1)
(i) completing the prescribed training.
(2) A police officer has authority to act as such throughout
Ontario.
(3) A police officer has the powers and duties ascribed to a
constable at common law. 1990, c. 10, s. 42.
43.-(1) No person shall be appointed as a police officer
unless he or ~he,
(a) is a Canadian citizen or a permanent resident of
Canada;
(b) is at least eighteen 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 moral character and habits; and
( e) has successfully completed at least four years of sec
ondary school education or its equivalent.
(2) A candidate for appointment as a police officer shall
provide any relevant information or material that is lawfully
requested in connection with his or her application. 1990,
C. 10, S. 43.
44.-(1) A municipal police officer's probationary period
begins on the day he or she is appointed and ends on the later
of,
(a) the first anniversary of the day of appointment;
(b) the first anniversary of the day the police officer
completes an initial period of training at the
Ontario Police College.
(2) The police officer shall complete the initial period of
training within six tnonths of the day of appointment.
(3) A board 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 reasonable information
with respect to the reasons for the termination and an oppor
tunity to reply, orally or in writing, as the board may deter
mme.
I
I
I
I
I
I
I
I
I
! '
' /,1
. 1
i
,I
I
1;;.
'I' '
:·,:
'I
. \!
t!
ii
58
Only one
probationary
period
Oaths of
office and
secrecy
Political
activity
Accommo
dation of
needs of
disabled
member of
municipal
police force
1981, C. 53
Undue
hardship
Idem,
O .P.P.
1981, C. 53
Chap. 10 POLICE SERVICES Sec. 44 (4)
( 4) Subsections (1), (2) and (3) do not apply to a police
officer who has completed a probationary period with another
municipal police force. 1990, c. 10, s. 44.
45. A person appointed to be a police officer shall, before
entering on the duties of his or her office, take oaths or
affirmations of office and secrecy in the prescribed form.
1990, C. 10, S. 45.
46. No municipal police officer shall engage in political
activity, except as the regulations permit. 1990, c. 10, s. 46 .
MEMBERS OF POLICE FORCES
47.-(1) Subject to subsection (2), if a member of a
municipal police force becomes mentally or physically disa
bled and as a result is incapable of performing the essential
duties of the position, the board shall accommodate his or her
needs in accordance with the Human Rights Code, 1981.
(2) The board may discharge the member, or retire him or
her if entitled to retire, if, after holding a hearing at which the
evidence of two legally qualified medical practitioners is
received, the board,
(a) determines, on the basis of that evidence, that the
member is mentally or physidlly disabled and as ·a
result incapable of performing the essential duties
of the position, and what duties the member is cap
able of performing; and
(b) concludes that the member's needs cannot be
accommodated without undue hardship on the
board.
(3) Subject to subsection ( 4), if a member of the Ontario
Provincial Police becomes mentally or physically disabled and
as a result is incapable of performing the essential duties of
the position, the Commissioner shall accommodate the mem
ber's needs in accordance with the Human Rights Code, 1981.
.1,! ;
i iH 1i
1
i!'ii
1
I I,'
I Ill '
I' I
Ill I
1
1:·1
111
;1;:1
i1:11!
ii , I'
j{
'I 1
1
:,
I
,·
'j,
60
Idem
Appeal
Powers of
Commission
Decision
Participation
of members
of
Commission
Employment
equity plans
Contents of
plan
Chap. 10 POLICE SERVICES Sec. 47 (4)
( 4) The member may be discharged, or retired if entitled to
retire, if, after holding a hearing at which the evidence of two
legally qualified medical practitioners is received, the Com
missioner or a person whom he or she designates,
(a) determines, on the basis of that evidence, that the
member is mentally or physically disabled and as a
result incapable of performing the essential duties
of the position, and what duties the member is
capable of performing; and
(b) concludes that the member's needs cannot be
accommodated without undue hardship on the
Crown in right of Ontario.
(5) A member of a police force who is discharged or retired
under subsection (2) or (4) may appeal to the Commission by
serving a written notice on the Commission and on the board
or the Commissioner, as the case may be, within thirty days of
receiving notice of the decision.
(6) The Commission may confirm, alter or revoke the deci
sion or may require the board or Commissioner, as the case
may be, to rehear the matter.
(7) The Commission shall promptly give. written notice of
its decision, with reasons, to the appellant and to the board or
Commissioner, as the case may be. '
(8) No member of the Commission shall participate in the
decision unless he or she was present throughout the hearing
of the appeal and, except with the consent of the appellant,
no decision of the Commission shall be given unless all mem
bers who were present throughout the hearing participate in
the decision. 1990, c. 10, s. 47.
48.-(1) Every police force shall have an employment
equity plan prepared in accordance with this section and the
regulations.
(2) An employment equity plan shall provide for,
(a) the elimination of systemic barriers to the recruit
ment and promotion of persons 'Yho are members
of prescribed groups;
(b) the implementation of positive measures with
respect to the recruitment and promotion of those
persons, so as to make the police force more repre-
-
I!
: I
j1
i,
I
! ~
I
·i·
'.I
!:
I ; 1
I :
':!
1- l! I ,
1
1
1•1'
/ ;,· .
. !ii:
I
:,1
·I
, 111!
Ill
62 Chap. 10
..... --~ - -
POLICE SERVICES Sec. 48 (2)
sentative of .the community or communities it
serves; and
( c) specific goals and timetables with respect to the
elimination of systemic barriers, the implementation
of positive measures and the composition of the
police force.
Board to (3) In the case of a municipal police force, the board shall
prepare plan
for municipal prepare the · employment equity plan and submit it to the
police force Solicitor General for approval.
Commis
sioner to
prepare plan
for O.P.P.
Solicitor
General
Restrictions
on secondary
activities
Exception,
paid duty
Disclosure to
chief of
police
( 4) In the case of the Ontario Provincial Police, the Com
missioner shall prepare the employment equity plan and sub
mit it to the Solicitor General for approval.
(5) Before approving the employment equity plan, the
Solicitor General may require that changes be made to it.
1990, C. 10, S. 48.
49.-(1) A member of a police force shall not engage in
any activity,
(a) that interferes with or influences adversely the per
formance of his or her duties as a member of a
police force, 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 employ
ment for another person; or
( d) in which he or she has an advantage derived from
employment as a member of a police force.
(2) Clause (1) ( d) does not prohibit a member of a police
force from performing, in a private capacity, services that
have been arranged through the police force.
(3) A member of a police force 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 situ-
ation to the chief of police. '
I
-
j ,
i
I
i!,
1: i
I'· I
:1,., I
,:
1
li
l i!'
i, I '
I
, jl .
64
Decision of
chief of
police
Liability for
torts
Indemnifica
tion of
member of
municipal
police force
Chap. 10 POLICE SERVICES Sec. 49 (4)
( 4) The chief of police shall decide whether the member is
permitted to engage in the activity and the member shall com
ply with that decision. 1990, c. 10, s. 49.
50.-(1) The board or the Crown in right of Ontario, as
the case may be, is liable in respect of torts committed by
members of the police force in the course of their employ
ment.
(2) The board may, in accordance with the guidelines
established under clause 31 (1) (h), indemnify a member of
the police force for reasonable legal costs incurred,
(a) in the defence of a civil action, if the member is not
found to be liable;
(b) in the defence of a criminal prosecution, if the
member is found not guilty;
( 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 police force and the board may, in an agreement
Council
responsible
for board's
liabilities
Indemnifi
cation of
member of
O .P.P.
made under Part VIII, provide for indemnification for the
legal costs of members of the police ;force, except the legal
· costs of a member who is found guilty of a criminal offence; if
such an agreement exists, the board shall indemnify members
in accordance with the agreement and subsection (2) does not
apply.
( 4) The council is responsible for the liabilities incurred by
the board under subsections (1), (2) and (3).
(5) The Treasurer of Ontario may indemnify, out of the
Consolidated Revenue Fund, a member of the Ontario Pro
vincial Police for reasonable legal costs incurred,
(a) in the defence of a civil action, if the member is not
found to be liable;
(b) in the defence of a criminal prosecution, if the
member is found not guilty;
'
I
I
I
I
'
I
I
I
I
I
I
~
: : i
I
I '
:
1 11
1:1;
I · .
•\,!'
,,J;
!
i!
I
:I,
•l;
,.;j i, I
.!' :J ,i
', lj:
I
!'•I
,,
,,.
• I
, 1:
'.,
. 1q,
. !ii
.ii
:·::i
ii
, I
,1·
11
:1
, ;,
•1 ,
"·I' :1- ,,·1
: il
.1:::1·
1
:
:
,; ,
. ,
,i
i
I
66
Agreement
R.S .O. 1980,
C. 4]8
Police cadets
Idem
Auxiliary
members of
municipal
police force
Chap. 10 POLICE SERVICES Sec. 50 (5)
( 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.
( 6) The Ontario Provincial Police and the Crown in right of
Ontario may, in an agreement made under the Public Service
Act, provide for indemnification for the legal costs of mem
bers of the police force, except the legal costs of a member
who is found guilty of a criminal offence; if such an agreement
exists, the Treasurer shall indemnify members in accordance
with the agreement and subsection (5) does not apply. 1990,
C. 10, S. 50.
51.-(1) With the board's approval, a municipal chief of
police may appoint persons as police cadets to undergo train
mg.
(2) A police cadet is a member of the municipal police
force. 1990, c. 10, s. 51.
52.-(1) With the Commission's approval, a board may
appoint auxiliary members of the police force.
Notice of (2) If the board suspends or terminates the appointment of
suspension or
termination an auxiliary member of the police force, it shall promptly give
Auxiliary
members of
O.P.P.
Authority of
auxiliary
members of
police force
Restriction
Oaths of
office and
secrecy
the Commission written notice of the suspension or termina-
tion. ·
(3) The Commissioner may appoint auxiliary members of
the Ontario Provincial Police.
(4) An auxiliary member of a police force has the authority
of a police officer if he or she is accompanied or supervised by
a police officer and is authorized to perform police duties by
the chief of police.
(5) The chief of police may authorize an auxiliary member
of the police force to perform police duties only in special cir
cumstances, including an emergency, that the police officers
of the police force are not sufficiently numerous to deal with.
(6) A person appointed to be an auxiliary member of a
police force shall, before entering on the duties of his or her
office, take oaths or affirmations of office and secrecy in the
prescribed form. 1990, c. 10, s. 52.
I
I
I
I
I
I
·1
·1 1
;' I
I "
,, ,'I
:l I
'I
:I• I
68 Chap. 10 POLICE SERVICES Sec. 53 (1)
SPECIAL CONST ABLES
Special 53.-(1) With the Commission's approval, a board may
constables
appointed by appoint a special constable to act for the period, area and pur-
board pose that the board considers expedient.
Special . (2) With the Commission's approval, the Commissioner
constables
appointed by may appoint a special constable to act for the period, area and
Commis- purpose that the Commissioner considers expedient.
sioner
Powers of
police officer
Restriction
(3) The appointment of a special constable may confer on
him or her the powers of a police officer, to the extent and for
the specific purpose set out in the appointment.
( 4) A special constable shall not be employed by a police
force to perform on a permanent basis, whether part-time or
full-time, all the usual duties of a police officer.
Idem (5) Subsection ( 4) does not prohibit police forces from
employing special constables to escort and convey persons in
custody and to perform duties related to the responsibilities of
R.s.o. 1980, boards under the Court Security Act.
C. 381
Suspension
or
termination
of
appointment
Commission
Information
and
opportunity
to reply
Oaths of
office and
secrecy
First Nations
Constables
( 6) The power to appoint a special constable includes the
power to suspend or terminate the appointment, but if a
board or the Commissioner suspends or terminates an
appointment, written notice shall promptly be given to the
Commission.
(7) The Commission also has power to suspend or termi
nate the appointment of a special constable.
(8) Before a special constable's appointment is terminated ,
he or she shall be given reasonable information with respect
to the reasons for the termination and an opportunity to
reply, orally or in writing as the board, Commissiofer or
Commission, as the case may be, may determine.
(9) A person appointed to be a special constable shall,
before entering on the duties of his or her office, take oaths
or affirmations of office and secrecy in the prescribed form.
1990, C. 10, S. 53.
FIRST NATIONS CONSTABLES
54.-(1) With the Commission's approval, the Commis
sioner may appoint a First Nations Constable to perform spec
ified duties.
I
. I
·1 I
'l ·· I
1
1, ,
'I
I! :
'., l
! ;; : i
. . · !r i: · !
1· ·
: i'
• '•'i I
. i,· ;
70
Further
approval
R.S .C. 1985,
C. 1-5
Chap. 10 POLICE SERVICES Sec. 54 (2)
(2) If the specified duties of a First Nations Constable
relate to a reserve as defined in the Indian Act (Canada), the
appointment also requires the approval of the reserve's police
governing authority or band council.
Powers of (3) The appointment of a First Nations Constable confers
police officer
Duty to
consult
Suspension
or
termination
of
appointment
Commission
Information
and
opportunity
to reply
Oaths of
office and
secrecy
Emergenciss
Authority to
act as police
officers
Application
of R.S.O.
1980, C . 539
on him or her the powers of a police officer for the purpose of
carrying out his or her specified duties.
( 4) The Commissioner shall not suspend or terminate the
appointment of a First Nations Constable whose specified
duties relate to a reserve without first consulting with the
police governing authority or band council that approved the
appointment.
(5) The power to appoint a First Nations Constable
includes the power to suspend or terminate the appointment,
but if the Commissioner suspends or terminates an appoint
ment, written notice shall promptly be given to the Commis
sion.
( 6) The Commission also has power to suspend or termi
nate the appointment of a First Nations Constable.
(7) Before a First Nations Constable's appointment is ter
minated, he or she shall be given reasonable information with
respect to the reasons for the terminatfon and an opportu;nity
· to reply, orally or in writing as the Commissioner or Commis
sion, as the case may be, may determine.
(8) A person appointed to be a First Nations Constable
shall, before entering on the duties of his or her office, take
oaths or affirmations of office and secrecy in the prescribed
form. 1990, c. 10, s. 54.
EMERGENCIES
55.-(1) In an emergency, the Solicitor General 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 police services.
(2) The agreement authorizes all peace officers to whom it
relates to act as police officers in the area to which the agree
ment relates.
(3) For the purpose of the Workers' Compensation Act, the
relationship between a member of a police force and the body
that employs him or her continues as if an agreement had not
been made under this section.
72
Expense of
calling out
Canadian
Forces
Resignation
during
emergency
prohibited
R.S.C. 1985,
C. N-5
Misconduct
Chap. 10 POLICE SERVICES Sec. 55 (4)
( 4) If the services of the Canadian Forces are provided
under this section, the municipality in whose territory the ser
vices are required shall pay all the related expenses.
(5) Subject to sections 33 and 34 of the National Defence
Act (Canada), whHe an agreement made under this section is
in force, no member of a police force that has jurisdiction in
the area to which the agreement relates shall resign without
the consent of the chief of police. 1990, c. 10, s. 55.
PARTY
DISCIPLINARY PROCEEDINGS
56. A police officer is guilty of misconduct if he or she,
(a) commits an offence described in a prescribed code
of conduct;
(b) contravenes section 46 (political activity);
( c) engages in an activity that contravenes subsection
49 (1) (secondary activities) without the permission
of his or her chief of police, being aware that the
activity may contravene that subsection;
( d) contravenes subsection 55
1
(5) (resignation d1=1ring
emergency);
( e) contravenes section 57 (inducing misconduct, with holding services);
( f) contravenes subsection 96 ( 4) (photography at hear
ing);
(g) contravenes subsection 100 ( 6) ( obstructing Police
Complaints Commissioner);
(h) contravenes subsection 108 (2) (confidentiality);
(i) contravenes section 117 (trade union membership);
(j) deals with personal property, other than money or a
firearm, in a manner that is not consistent with sec
tion 132;
"
.11;:
I 'i
: I ,:
i l ~
. I
I·
74
Inducing
misconduct
Withholding
services
Offence
Consent of
Solicitor
General
Chief to
investigate
misconduct
Effect of
complaint
Chap. 10 POLICE SERVICES Sec. 56
(k) deals with money in a manner that is not consistent
with section 133;
(1) deals with a firearm in a manner that is not consist
ent with section 134;
(m) contravenes a regulation made under paragraph
15 (equipment), 16 (use of force), 17 (standards of
dress, police uniforms) 20 (police pursuits) or
21 (records) . of subsection 135 (1). 1990, c. 10,
s. 56.
57.-(1) No person, including a member of a police force,
shall,
(a) induce or attempt to induce a member of a police
force to withhold his or her services; or
(b) induce or attempt to induce a police officer to com
mit misconduct.
(2) No member of a police force shall withhold his or her
services.
(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 $2,000 or to imprisonment for a term of not more than
one year, or to both.
( 4) No prosecution shall be instituted under this section
without the consent of the Solicitor General. 1990, c. 10,
s. 57.
58.-(1) Any apparent or alleged misconduct by a police
officer shall be investigated by his or her chief of police.
(2) When a complaint is made under Part VI with respect
to apparent or alleged misconduct by a police officer, the fol
lowing rules apply:
1. The complaint shall be dealt with in accordance
with Part VI, and recourse shall be had to this Part
only as Part VI permits.
2. Any investigation of the matter under this Part and
any hearing under section 60 are suspended as soon
as the chief of police becomes aware that a com-
plaint has been made. 1990, c. 10, s. 58.
,;
76
Procedure in
case of
misconduct
not of
serious
nature
Chap. 10 POLICE SERVICES Sec. 59 (1)
59 .-. (1) If the chief of police investigates apparent or
alleged misconduct and concludes that the police officer is
guilty of misconduct but that the misconduct is not of a seri
ous nature, the following rules apply:
1. The chief of police shall provide the police officer
with reasonable information concerning the matter
and shall give him or her an opportunity to reply,
orally or in writing.
2. The chief of police may then admonish the police
officer and may cause an entry concerning the mat
ter, the action taken and the police officer's reply to
be made in his or her employment record.
3. If the police officer refuses to accept the admoni
tion, the chief of police shall not cause particulars to
be recorded without first holding a hearing.
Expungement (2) An entry made in the police officer's employment rec-
ord under paragraph 2 of subsection (1) shall be expunged
from the record two years after being made if during that time
no other entries concerning misconduct have been made in the
record under this Part or Part VI.
Agreement (3) Nothing· in this section affect~ agreements between
·boards and police officers or associations that permit other
penalties than admonition to be administered, if the police
officer in question consents, without a hearing under section
60. 1990, C. 10, S. 59.
Hearing 60.-(1) A chief of police may hold a hearing to deter-
mine whether a police officer belonging to his or her police
force is guilty of misconduct.
Prosecutor (2) The chief of police shall designate to be prosecutor at
the hearing,
(a) a police officer of the rank of sergeant or higher;
(b) if there is none of that rank, a police officer of a
rank equal to or higher than that of the police offi
cer who is the subject of the hearing; or
( c) a legal counsel.
, .
I
,,
i i
78
Recording of
evidence
Examination
of evidence
Idem
Chap. 10 POLICE SERVICES Sec. 60 (3)
(3) The oral evidence given at the hearing shall be recorded
and copies of transcripts shall be provided on the same terms
as in the Supreme Court of Ontario.
( 4) Before the hearing, the police officer shall be given an
opportunity to examine any physical or documentary evidence
that will be produced or any report whose contents will be
given in evidence.
( 5) If the hearing is being conducted as a result of a com
plaint made under Part VI, the complainant shall likewise be
given an opportunity to examine evidence and reports before
the hearing.
Police officer (6) Despite section 12 of the Statutory Powers Procedure
not required
10
give Act, the police officer shall not be required to give evidence at
evidence the hearing.
R .S.O. 1980,
c. 484
Limited
admissibility
of certain
statements
Person
conducting
hearing not
to
communicate
in relation to
subject
matter of
hearing
Exception
Release of
exhibits
Stay
(7) In the case of a hearing that is being conducted as a
result of a complaint made under Part VI, no statement made
by the police officer or complainant in the course of an
attempt to resolve the complaint informally shall be admitted
in evidence at the hearing, except with the consent of the per
son who made the statement.
(8) The person conducting the hearing shall not communi-
,
cate directly or indirectly in relation to the subject-matter· of
the hearing with any person or person's counsel or representa
tive, unless the police officer and the prosecutor receive notice
and have an opportunity to participate.
(9) However, the person conducting the hearing may seek
legal advice from an adviser independent of the police officer
and the prosecutor, and in that case the nature of the advice
shall be communicated to them so that they may make sub
missions as to the law.
(10) Within a reasonable time after the matter has been
finally determined, documents and things put in evidence at
the hearing shall, on request, be released to the person who
produced them.
(11) If the police officer is charged with an offence under a
law of Canada or of a province or territory in connection with
the alleged misconduct, the hearing shall continue unless the
Crown Attorney advises the chief of police that it should be
stayed until the conclusion of the court proceedings.
I I:
''
''
; 11:
' 1:,
80 Chap. 10 POLICE SERVICES Sec. 60 (12)
Six-month
(12) If six months have elapsed since the facts on which an
limitation
·. ;
period,
allegation of misconduct is based first came to the attention of
!
:
exception
the chief of police, no notice of hearing shall be served unless
lt:
:
the board (in the case of a municipal police officer) or the
Commissioner (in the case of a member of the Ontario Pro-
'I '
vincial Police) is of the opinion that it was reasonable, under
the circumstances, to delay serving the notice of hearing.
1990, C. 10, S. 60.
:11
: r'
Penalties
61.-(1) If misconduct is proved at the hearing on clear
::11
1
n, 1
and convincing evidence, the chief of police may, -;
,1
:
'
'
(a) dismiss the police officer from the police force; I
I '•
I
.. ,
' .j··
(b) direct that the police officer be dismissed in seven
. :I
, ..
days unless he or she resigns before that time;
,.
(c) demote the police officer, specifying the manner
I
and period of the demotion;
I
(ct) suspend the police officer without pay for a period
I
I
not exceeding thirty days or 240 hours, as the case
I
may be;
I
(e) direct that the police officer forfeit not more than
i1ve days' or forty hours' pay,, as the case may be; or
I
'
(f) direct that the police officer forfeit not more than
twenty days or 160 hours off, as the case may be.
',
I Calculation
(2) Penalties imposed under clauses (1) ( d), ( e) and ( f)
I
shall be calculated in terms of days if the police officer nor-
mally works eight hours a day or less and in terms of hours if
he or she normally works more than eight hours a day.
'
Idem
(3) Instead of or in addition to a penalty described in sub-
section (1), the chief of police may reprimand the police offi-
cer.
Dismissal and
( 4) The chief of police shall not impose the penalties of dis-
demotion
missal or demotion unless the notice of hearing or a subse-
quent notice served on the police officer indicated that they
might be imposed if the misconduct were proved on clear and
_ convincing ~vidence. ·
Notice of
(5) The chief of police shall promptly give written notice of
decision
the decision, with reasons, to the police officer and, in the
case of a municipal police force, to the board.
1
i I
,,
.,
i\ 1 1·:1
1 \;!;;1
·· t1i11I
:
1
·: ,
1
1!
·' ·1 1:i
. I•
. ·1·
-;
•I
,I
!ti
I '
-r;'.l'
. ,·,.,,,
!l:i,,
... ii
);?
,,.: , ,, ..
82
Idem
Police
officer's
employment
record
Misconduct
by municipal
chief of
police
Commission
hearing
Appeal to
board
Hearing
Powers of
board
Board's
decision
Participation
of members
Chap. 10 POLICE SERVICES Sec. 61 (6)
( 6) If the hearing was conducted as a result of a complaint
made under Part VI, the chief of police shall also give notice
of the decision, with reasons, to the complainant and to the
Police Complaints Commissioner.
(7) No reference to the allegations of misconduct or the
hearing shall be made in the police officer's employment rec
ord, and the matter shall not be taken into account for any
purpose relating to his or her employment, unless,
(a) misconduct is proved on clear and convincing evi
dence; or
(b) the police officer resigns before the matter is finally
disposed of. 1990, c. 10, s. 61.
62.-(1) A board may hold a hearing to determine
whether the chief of police is guilty of !llisconduct, and this
Part applies with necessary modifications:·- ·· --· · •.:::;=-
(2) The chief of police may, by serving a notice to that
effect on the board and the Commission, require that the
Commission hold the hearing instead of the board. 1990,
C. 10, S. 62.
63.-(1) A municipal police officeri on whom a penalty is
imposed under section 61 may appeal to the board by serving
a notice of appeal on the board and the chief of police within
fifteen days of receiving notice of the decision.
(2) The board shall hear the appeal on the record, but may
receive new or additional evidence as it considers just.
(3) The board may confirm, alter or revoke the decision or
may require the chief of police to rehear the matter.
( 4) The board shall promptly give written notice of its deci
sion, with reasons, to the chief of police and the police officer.
(5) No member of the board shall participate in the deci
sion unless he or she ·was present throughout the hearing of
the appeal and, except with the police officer's consent, no
decision of the board shall be given unless all members who
were present throughout the hearing participate in the deci
sion.
----------------- '------ --
. I '•J •
I ' i! .I- I
i l ,1\.
1
·1 :1'11
r:itl' :
; 'I
I iii,
I '·'
.,.
' I
_ii
. ,,11,11,1
!. :
1 ,1
·.i,,.
,,
-i:·
-- ur
I -;
' ·,
I
' 1\
,,
!· 1'i
:,,,
84
Members
not to
communicate
in relation to
subject
matter of
appeal
Exception
Further
appeal to
Commission
Hearing by
Commission
instead of
board
O.P.P.,
appeal to
Commission
from
Commis
sioner's
decision
Exception in
case of
public
complaint
Appeals to
Commission
Extension of
time for
appeals
Delegation
Chap. 10 POLICE SERVICES Sec. 63 (6)
( 6) The members of the board who participate in the deci
sion shall not communicate directly or indirectly in relation to
the subject-matter of the appeal with any person or person's
counsel or representative, unless the police officer and the
chief of police receive notice and have an opportunity to par
ticipate .
(7) However, the board may seek legal advice from an
adviser independent of the police officer and the chief of
police, and in that case the natur_ e of the advice shall be com
municated to them so that they may make submissions as to
the law. ·
(8) The police officer may appeal to the Commission from
the board's decision by serving a notice of appeal on the Com
mission, the board and the chief of police within thirty days of
receiving notice of the decision. 1990, c. 10, s. 63.
64. Instead of hearing a police officer's appeal under sec
tion 63, the board may, on its own initiative or on the appli
cation of the police officer or the chief of police, require the
Commission to hear the appeal. 1990, c. 10, s. 64.
65. A member of the Ontario Provincial Police on whom
a penalty is imposed under section 61 may appeal to the Com
mission by serving a written notice on the Commission and
the Commissioner within thirty days of receiving notice of the
· decision. 1990, c. 10, s. 65.
66. If the hearing was conducted as a result of a complaint
made under Part VI, sections 63 and 65 do not apply and the
police officer may only appeal in accordance with that Part.
1990, C. 10, S. 66.
67. Subsections 63 (2) to (7) apply to _appeals heard by the
Commission as if references to the board were references to
the Commission and, in the case of an appeal from a board's
decision, as if references to the chief of police were references
to the board. 1990, c. 10, s. 67.
68. The board or Commission may grant an extension of
the time provided for giving it a notice of appeal, before or
after the expiry of the time, and may give directions in con
nection with the extension. 1990, c. 10, s. 68.
69. A chief of police may authorize any member of the
police force to exercise any power or perform any duty of the
chief of police referred to in this Part, subject to the following
rules:
----------------------- ------
t
±
I<
l
ii
.;.
' . .
- ~ -
, ',
,1
86 Chap. 10 POLICE SERVICES Sec. 69
1. A hearing under section 60 shall be conducted by a
police officer of the rank of inspector or higher.
2. A police officer from another police force who
meets the requirements of paragraph 1 may conduct
the hearing, with the approval of his or her chief of
police.
3. The measures referred to in subsection 59 (1) (pro
cedure in case of misconduct not of serious nature)
shall be taken by a police officer of the rank of
inspector or higher. 1990, c. 10, s. 69.
Notice 70.-(1) A notice required to be given under this Part is
Notice by
mail
Suspension
Revocation
and reimpo
sition of
suspension
Duration of
suspension
Conditions of
suspension
Suspension
without pay
sufficiently given if delivered personally or sent by prepaid
registered mail addressed to the person.
(2) Notice that is given by mail shall be deemed to be given
on the fifth day after the day of mailing, unless the person to
whom the notice is to be given establishes that he or she, act
ing in good faith, through absence, accident, illness or other
cause beyond his or her control failed to receive the notice
until a later date. 1990, c. 10, s. 70.
71.-(1) If a police officer is suspected of or charged with
an offence under a law of Canada or of a province or territory
or is suspected of misconduct, the chief of police may suspend
~im or her from duty with pay. ;
(2) The chief of police may revoke the suspension and later
reimpose it, repeatedly if necessary, as he or she considers
appropriate.
(3) Unless the chief of police revokes the suspension , it
shall continue until the final disposition of the proceeding in
which the _ police officer's conduct is at issue.
( 4) While suspended, the 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.
(5) If a police officer is convicted of an offence and sen
tenced to a term of imprisonment, the chief of police may sus
pend him o· r her without pay, even if the conviction or sen
tence is under appeal. 1990, c. 10, s. 71.
• ' I
. , '
I I
:•i,i:
,l,
1!1
1
; .
•i:,
88
Earnings
from other
employment
Exception
Definitions
Chap. 10
POLICE SERVICES
Sec. 72 (1)
72.-(1) If a police officer is suspended with pay, the pay
for the period of suspension shall be reduced by the amount
that he or she earns from other employment during that per-
iod.
(2) Subsection (1) does not apply to earnings from other
employment that was commenced before the period of
suspension. 1990, c. 10, s. 72.
PART VI
PUBLIC COMPLAINTS
73 .-( 1) In this Part,
"bureau" means the public complaints investigation bureau of
a police force; ("bureau")
"Commissioner" means the Police Complaints Commissioner
appointed under section 99. ("commissaire")
Police officer (2) In this Part, unless the context indicates otherwise, a
reference to a police officer is a reference to the police officer
who is the subject of a complaint. 1990, c. 10, s. 73.
Attorney
General
Application
of Part
Bureau
7 4. This Part shall be administered by the Attorney
General. 1990, c. 10, s. 74.
75. Complaints by members of the public about the con
duct of police officers shall be dealt with in accordance with
this Part. 1990, c. 10, s. 75.
76.-(1) Every chief of police shal1 establish and maintain
a public complaints investigation bureau.
Staff (2) The chief of police shall ensure that the bureau is sup-
plied with sufficient staff to perform its duties effectively.
90
Small police
forces
Complaint by
member of
public
Recording of
complaint ·
Information •
Preservation
of evidence ,
preliminary
investigation
Copies of
complaint
Chap. 10 POLICE SERVICES Sec. 76 (3)
(3) If the police force has fewer than twenty police officers,
the bureau of another police force may, under an agreement
made in accordance with section 7 ( municipal agreements for
sharing police services) or 10 (municipal agreements for provi
sion of po lice services by O. P. P.), act as the first-named
police force's bureau as well; in that case, subsections (1) and
(2) do not apply. 1990, c. 10, s. 76.
INITIAL HANDLING OF COMPLAINT
77 .-(1) A member of the public may make a complaint
about the conduct of a police officer, orally or in writing,
(a) at the bureau of the police force to which the com
plaint relates, or at a station or detachment of that
police force; or
(b) at an office of the Commissioner; or
( c) at any bureau, police station or detachment.
(2) The person who receives the complaint shall record it
on a form provided by the Commissioner and shall give a copy
of the completed form to the person who makes the com
plaint.
i
(3) The person who makes the complaint shall also be given
a statement, in a form provided by the Commissioner, that
sets out the procedures followed in dealing with a complaint
and describes the rights of a complainant.
( 4) The person on duty who is in charge of a place when a
complaint is received shall,
(a) take all reasonable steps to ensure that evidence
that might otherwise be lost is secured immediately;
(b) if he or she considers it appropriate, ensure that a
preliminary investigation is conducted immediately;
and
( c) ensure that a report on the evidence and on the pre
liminary investigation, if any, is forthwith prepared
and attached to the complaint.
(5) The person who records the complaint shall forthwith
send copies of it,
I
I
I
I
I
I
l
, I
I
I
; I
I .•
'I
, /;l
· ,'.i 'I
; •1 '
111 1:i
92
Complaint
made to
another
police force
Complaint
made more
than six
months after
incident
Complaint by
Commis
sioner
Recording of
complaint,
copies
Complainant
Non-appli
cation of
certain
provisions
Chap. 10
(a)
POLICE SERVICES Sec. 77 (5)
to the bureau, the chief of police and the Commis
sioner, in the case of a complaint made at a station
or detachment of the police force to which it
relates;
(b) to the chief of police and the Commissioner, in the
case of a complaint made at the bureau of the
police force to which it relates;
( c) to the bureau and the chief of police of the police
force to which it relates, in the case of a complaint
made at an office of the Commissioner;
( d) to the Commissioner, in the case of a complaint
made at a bureau, station or detachment of a differ
ent police force than the one to which it relates.
(6) If a complaint was made at a bureau, station or detach
ment of a different police force than the one to which it
relates, the Commissioner shall forthwith send copies of the
complaint and of any report prepared under subsection ( 4) to
the appropriate bureau.
(7) A complaint that is made more than six months after
the incident to which it relates shall be further dealt with
under this Part only if the Commissior ner so directs. 1990,
c._ 10, s. 77.
78.-(1) In exceptional circumstances, the Attorney Gen
eral may direct the Commissioner to make a complaint about
the conduct of a police officer.
(2) The Commissioner shall cause the complaint to be
recorded and shall send copies to the bureau and the chief of
police of the force to which it relates.
(3) The Commissioner is the complainant in the case of a
complaint made under this section.
( 4) Subsection 77 (7) and sections 80 (notice to potential
complainant), 81 ( classification of complaint), 82 ( reclassifica
tion), 83 (informal resolution) and 85 ( decision by chief of
police re no further action) do not apply to complaints made
under this section. 1990, c. 10, s. 78.
Notice to 79.-(1) When the bureau receives a complaint, the per-
police officer
son in charge shall forthwith give the police officer notice of
the substance of the complaint, unless in the person's opinion
to do so might prejudice the investigation.
{l
I . :,1
{ · I. ''!i
. ,!
. ; 'i : i!
I
' I ..
i! ! ~ :
; : 'i
: :1 ·)
I · ,,; 1•! !!
! :·'
• ~ I ;
; '
I
. I
94
Form
Notice to
potential
complainant
Idem
Idem
No further
action
Disciplinary
procee~ing
Reopening of
matter
Classification
of complaint
Idem
Chap. 10 POLICE SERVICES Sec. 79 (2)
(2) The notice shall be written on a form provided by the
Commissioner. 1990, c. 10, s. 79 .
80.-(1) If the complaint is made by a person who was not
directly affected by the incident and did not observe it, the
Commissioner shall, as soon as possible after receiving the
complaint, attempt to find the person who was directly
affected by the incident or who observed it and send him or
her a notice.
(2) The notice shall indicate that a complaint has been
. made, that the person is entitled to be the complainant in the
matter and that the complaint will not be dealt with further
unless he or she is the complainant.
(3) The notice shall also include information about the pro
cedures followed in dealing with a complaint and the rights of
a complainant.
( 4) The complaint shall not be further dealt with under this
Part if,
(a)
(b)
no person who was directly affected by the incident
or who observed it can be found; or
the person to whom the Commissioner sends the
notice does not, within thirty i days of the date on
which it is sent, file with the Commissioner · a
request to be the complainant in the matter.
( 5) However, if a disciplinary proceeding is commenced
against the police officer in respect of the complaint, the chief
of police shall notify the Commissioner of the proceeding and
of its result, and the Commissioner shall then notify the per
son who made the complaint.
( 6) If the person to whom the Commissioner sends the
notice files a request to be the complainant in the matter after
the thirty-day period referred to in subsection ( 4), the Com
missioner may cause the matter to be reopened despite the
late filing if he or she considers it advisable to do so. 1990,
C. 10, S. 80.
81.-(1) When the bureau receives a complaint, the per
son in charge shall consider whether it relates to possible mis
conduct under section 56, to other matters or to both.
(2) If the person in charge is of ·the opinion that all or part
of the complaint relates only to other matters than possible
;I
I!:
,.
j JI'
I
: /::
: :·1 1
I
I
I
/I,: ;'
I .',.;
' Ii i
I
i i
1
' 1
I
I
I
•
-
I
i i
'
96
Notice and
investigation
Response to
complainant
Effect
Reclassifica
tion
Idem
Notice
Effect
Informal
resolution by
person in
charge of
bureau
nnanrs
consent
Chap. 10 POLICE SERVICES Sec. 81 (2)
misconduct, he or she may, with the Commissioner's consent,
classify the complaint or part as an inquiry.
(3) When all or part of a complaint has been classified as
an mquiry, the person in charge shall forthwith notify the
complainant and the police officer of the fact and may cause
the inquiry to be investigated.
( 4) Not more than sixty days after the bureau receives the
original complaint, the person in charge shall send the com-
plainant a written response to the inquiry and shall also send
the Commissioner a copy of the response, together with a
summary of the results of any investigation.
(5) A complaint or part of a complaint that is classified as
an inquiry and not reclassified as a complaint and that is the
subject of a response under this section need not be dealt with
further under this Part. 1990, c. 10, s. 81-.
82.-( 1) During the course of the investigation of an in
quiry, if the person in charge concludes that all or part of it
relates to possible misconduct, he or she may reclassify the
inquiry or part as a complaint.
(2) After receiving a summary of the results of the investi
gation of an inquiry, the Commissioner may direct the person
_ in charge to reclassify all or part of it asi a complaint.
(3) The person in charge shall forthwith notify the com
plainant and the police officer of the reclassification, and shall
also notify the Commissioner in the case of a reclassification
under subsection (1 ).
( 4) An inquiry or part of an inquiry that is reclassified as a
complaint shall be dealt with as such under this Part. 1990,
C. IO, s. 82.
INFORMAL RESOLUTION, WITHDRAWAL
83.-( 1) If the complainant and the police officer consent,
the complaint may be resolved informally by the person in
charge of the bureau, before the chief of police gives notice of
a decision under section 90, or by the Commissioner after that
time.
(2) If a board of inquiry has begun to hear evidence or
argument in respect of the complaint, its consent is also
required for an informal resolution.
----------------------
.
t
i
;!.
__ z
1
ii"
ii
t
l
'.,I
"
: t
98
Record
Copies
Commis
sioner's
decision that
complaint to
continue
Notice
Withdrawal
of complaint
Idem ,
complaint
made by
Commis
sioner
Board's
consent
Copies
Form
Commis
sioner's
decision that
complaint to
continue
Chap. 10 POLICE SERVICES Sec. 83 (3)
(3) When a complaint is resolved informally, the resolution
shall be recorded on a form provided by the Commissioner
and signed by the complainant and police officer.
( 4) Copies of the record shall be provided to the complain
ant and the police officer, and to the Commissioner if the
complaint was resolved by the person in charge of the bureau.
(5) If the Commissioner is of the opinion that the informal
resolution is the result of a misunderstanding or a threat or
other improper pressure, he or she may decide that the com
plaint shall continue to be dealt with under this Part despite
the informal resolution.
( 6) The Commissioner shall give notice of the ·decision,
with reasons, to the complainant, the police officer, the chief
of police and the person in charge of the bureau. 1990,
C. 10, S. 83.
84.-(1) The complainant may withdraw the complaint by
giving a notice of withdrawal to the person in charge of the
bureau, before the chief of police gives notice of a decision
under section 90, or to the Commissioner after that time.
(2) If the complaint was made under section 78, the Com
missioner may withdraw it by giving a notice of withdrawal to
· the chief of police and a copy to the police officer; subsec;tion
(3) applies to the withdrawal but subsections ( 4) to (7) do not.
(3) If a board of inquiry has begun to hear evidence or
argument in respect of the complaint, it shall not be with
drawn without the board's consent.
( 4) A copy of the notice of withdrawal shall be provided to
the police officer, and to the Commissioner if the person in
charge of the bureau received the notice.
(5) The notice of withdrawal shall be written on a form
provided by the Commissioner.
( 6) If the Commissioner is of the opm10n that the with
drawal is the result of a misunderstanding or a threat or other
improper pressure, he or she may decide that the complaint
shall continue to be dealt with under this Part despite the i
withdrawal.
: 'i:
,, j , 1j
1 I : 1•
1
1 •
:· .
I
100
Notice
Decision re
no further
action
Notice
Power to
commence or
continue
disciplinary
proceeding
Notice to
Commis sioner and
complainant
Inves ti gation
Interim
reports
Idem
Chap. 10 POLICE SERVICES Sec. 84 (7)
(7) The Commissioner shall give notice of the decision,
with reasons, to the complainant, the police officer, the chief
of police and the person in charge of the bureau. 1990,
C. 10, S. 84.
POWERS OF CHIEF OF POLICE
85.-(1) At any time before making a decision under sec
tion 90, the chief of police may decide that the complaint or
part of it shall not be further dealt with under this Part, if he
or she is of the opinion that the complaint or part is frivolous
or vexatious or was made in bad faith.
(2) The chief of police shall give the Commissioner, the
complainant and the police officer notice of the decision.
1990, C. 10, S . 85.
86.-(1) The chief of police may commence or continue a
disciplinary proceeding against a police officer under Part V
even if,
(a) the complaint is withdrawn or is resolved informal
ly; or
(b) the complaint is not to be further dealt with under
this Part because of subsection 77 (7) ( complaint
filed more than six months after incident) or section
80 ( complaint made by perso'n not directly affect
ed), or because of a decision by the chief of police
under section 85.
(2) The chief of police shall give the Commissioner and the
complainant notice of a decision to commence or continue a
disciplinary proceeding in the circumstances described in sub
section (1), and shall also give them notice of the results of
the proceeding. 1990, c. 10, s. 86.
INVESTIGATION OF COMPLAINT
87 .-( 1) The person in charge of the bureau shall cause an
investigation to be conducted into the complaint in accordance
with the prescribed procedures.
(2) During the course of the investigation , the person in
charge shall send the Commissioner, the complainant and the
police officer interim reports on the investigation at monthly
intervals.
(3) The first interim report shall be sent not more than
thirty days after the bureau receives the complaint.
I
: I
I
I
: I
.. !
. , 'I .,. ,
1·1
i, ,_;:_,,'
,,;
. ii ·i,i
ii :i:
i '
• I
t, ,,
, , '
102
Exception
Idem
Final report
Contents
Further
investigation
Idem
Forms
Investigation
by Commis
sioner
Chap. 10 POLICE SERVICES Sec. 87 ( 4)
( 4) If there are no new matters to report, the person in
charge may send the Commissioner, the complainant and the
police officer a notice to that effect instead of an interim
report.
(5) The person in charge may withhold an interim report
from the complainant or the police officer if, in his or her
opinion, it is desirable to do so in order to avoid pre ju dicing
the investigation, but in that case shall forthwith notify the
Commissioner of the decision and the reasons for it.
(6) When the investigation has been completed, the person
in charge shall cause a final report to be prepared and shall
send copies of it to the Commissioner, the chief of police, the
complainant and the police officer .
(7) The final report shall contain,
(a) a summary of the complaint, including a description
of the police officer's alleged misconduct;
(b) a summary of the investigation, including summar
ies of the information obtained from the complain
ant, the police officer and any witnesses; and
( c) a description and analysis of any physical evidence
obtained.
(8) After receiving a final report, the Commissioner may
require the chief of police to have the complaint investigated
further.
(9) A summary of the results of any further investigation
shall be sent to the persons who received the final report.
(10) The interim reports and final report shall be written on
forms provided by the Commissioner. 1990, c. 10, s. 87.
88.-(1) The Commissioner may conduct the investigation
into the complaint, instead of the bureau,
(a) for any reason, after receiving the first interim
report or after the thirty-day period referred to in
subsection 87 (3) has expired;
(b) if the complainant has commenced a court proceed
ing against the police officer, the police force or the
chief of police, the police services board or the
municipality (in the case of a municipal police
force) or the Crown in right of Ontario (in the case
,;._
,; :
!
' '
! ' :
i
i '
104
Duty of chief
of police
Complaints
concerning
more than
one police
force
Notice
Effect on
bureau
Manne r o f
conducting
investigation
Investigation
of complaint
made by
Commis sioner
Interim
reports
Id em
Chap. 10 POLICE SERVICES Sec. 88 (1)
of the Ontario Provincial Police) in connection with
the incident to which the complaint relates;
( c) if the Commissioner has reasonable grounds to
believe that undue delay or other unusual circum
stances have affected the bureau's investigation or
the preparation of its final report; or
( d) if the chief of police requests that the Commissioner
conduct the investigation.
(2) The chief of police, if he or she becomes aware that the
complainant has commenced a court proceeding of the kind
described in clause (1) (b), shall forthwith notify the Commis
sioner of the fact.
(3) If the complaint concerns more than one police force,
the Commissioner shall conduct the investigation.
( 4) When the Commissioner decides to conduct the investi
gation, he or she shall forthwith notify the chief of police, giv
ing reasons in the case of a decision under clause (1) (a) or
( c).
(5) When the Commissioner notifies; the chief of police of a
·decision to conduct the investigation, the person in charge of
the bureau shall forthwith end any investigation begun by the
bureau and send to the Commissioner the evidence that has
been gathered and the documents relating to the complaint.
( 6) Section 87 applies to the Commissioner's investigation ,
with necessary modifications, except that the Commissioner
shall send the first interim report not more than thirty days
after giving notice of the decision to conduct the investigation.
1990, C. 10, S . 88.
89.-(1) If the complaint was made under section 78, the
Commissioner shall conduct the investigation in accordance
with the prescribed procedures , and section 87 does not apply.
(2) The Commissioner shall send the police officer and the
chief of police interim reports on the investigation at monthly
intervals.
(3) The first interim report shall be sent not more than
thirty days after the Commissioner makes the complaint.
---------- ---------
I '
< ;
I ,;
1
I
106
Exception
Idem
Final report
Contents
Review of
final report
Results of
further
investigation
Decision
Chap. 10 POLICE SERVICES Sec. 89 ( 4)
( 4) If there are no new matters to report, the Commis
sioner may send the police officer and the chief of police a
notice to that effect instead of an interim report.
(5) The Commissioner may withhold an interim report
from the police officer if, in his or her opinion, it is desirable
to do so to avoid prejudicing the investigation, but in that case
shall forthwith notify the chief of police of the decision and
the reasons for it.
( 6) When the investigation has been completed, the Com
missioner shall cause a final report to be prepared and shall
send copies of it to the chief of police and the police officer.
(7) The final report shall contain,
(a) a summary of the complaint, including a description
of the police officer's alleged misconduct;
(b) a summary of the investigation, including summar
ies of the information obtained from the police offi
cer and any witnesses; and
( c) a description and analysis of any physical evidence
obtained. 1990, c. 10, s. 89.
i
DECISION BY CHIEF OF POLICE
90.-(1) The chief of police shall review the final report of
the investigation of a complaint and may order further investi
gation if he or she considers it advisable.
(2) A summary of the results of any further investigation
shall be sent to the persons who received the final report, and
to the Commissioner if he or she conducted the original inves
tigation.
(3) After reviewing the final report and the results of any
further investigation, the chief of police shall,
(a) decide that no further action is necessary ;
(b) admonish the police officer regarding the matter in
accordance with subsection 59 (1);
( c) hold a disciplinary hearing under section 60 ;
'I i
ii
108
Idem
Chap. 10 POLICE SERVICES Sec. 90 (3)
( d) order that all or part of the complaint be the subject
of a hearing by a board of inquiry; or
( e) cause an information to be laid against the police
officer and refer the matter to the Crown Attorney
for prosecution.
( 4) If the chief of police decides to hold a disciplinary hear
ing under section 60 or orders a hearing by a board of inquiry,
he or she may at the same time cause an information to be
laid against the police officer.
Notice (5) The chief of police shall give written notice of the deci-
Idem
Six-month
time limit
Deemed
decision
Review by
Commis
sioner
sion to the Commissioner, the complainant and the police offi
cer, with reasons in the case of a decision that no further
action is necessary or a decision to admonish the police offi
cer.
( 6) If the chief of police orders a hearing by a board of
inquiry, he or she shall also notify the chair ,appointed under
subsection 103 (9).
(7) The chief of police shall give notice of the decision
within six months of receiving the final report, unless the
Commissioner grants an extension.
(8) If the chief of police does not givd notice of the decision
within the six-month period and is not granted an extension,
he or she shall be deemed to have decided that no further
action is necessary. 1990, c. 10, s. 90.
REVIEW BY COMMISSIONER
91.-(1) The Commissioner shall review the decision of
the chief of police,
(a) at the complainant's or police officer's request, in
the case of a decision under section 90 to admonish
the police officer;
(b) at the complainant's request, in the case of a deci
sion under section 90 that no further action is neces
sary;
(c) at the complainant's request, in the case of a deci
sion under section 85 that the complaint or part of it
not be further dealt with under this Part.
i
'f !I '
I ' ~ ' I i
,,
ii
!
,I , '
, .,
! 1 '
, ,,I l l
I i
,:> .1
:· ,,. l
',!
" i
, ,
I ' ! . •
110
Idem
Idem
Thirty-day
limit
Complaint
made by
Commis sioner
Commis sioner's
decision
Notice
Idem
Chap. 10 POLICE SERVICES Sec. 91 (2)
(2) The Commissioner may, if in his or her opinion it is in
the public interest to do so, review the decision of the chief of
police,
(a) in the case of a decision under section 90 to admon
ish the police officer;
(b) in the case of a decision under section 90 that no
further action is necessary;
( c) in the case of a decision under section 85 that the
complaint or part of it not be further dealt with
under this Part.
(3) The Commissioner shall, at the complainant's request,
review the decision made in a disciplinary hearing under sec
tion 60 arising out of a complaint.
( 4) The complainant or police officer may request a review
by the Commissioner only within thirty days of receiving
notice of the decision, unless the Commissioner grants an
extension.
(5) In the case of a complaint made under section 78, the
Commissioner may review,
(a) a decision by the chief of police to admonish - the
police officer;
(b) a decision by the chief of police that no further
action is necessary;
( c) the decision made in a disciplinary hearing under
section 60 arising out of the complaint.
( 6) After conducting the review, the Commissioner may
decide to take no further action, or may order a hearing by a
board of inquiry if he or she believes it to be necessary in the
public interest.
(7) The Commissioner shall forthwith give written notice of
his or her decision, with reasons in the case of a decision to
take no further action, to the chief of police, the complainant
and the police officer. ·
(8) If the Commissioner orders a hearing by a board of
inquiry, he or she shall also notify the chair appointed under
subsection 103 (9). 1990, c. 10, s. 91.
----------------- - - -----
., _
';
; '. I
112
Police
officer's
appeal to
board
Notice to
complainant
Extension of
time for
appeal
Appeal to be
combined
with other
hearing
Constitution
of board
Assignment
of members
to board
Complaint
against chief
of police
Chap. 10 POLICE SERVICES Sec. 92 (1)
HEARING BY BOARD OF INQUIRY
92.-(1) If a penalty is imposed on a police officer after a
disciplinary hearing under section 60 that was conducted as a
result of the complaint, he or she may appeal to a board of
inquiry by serving a notice of appeal on the Commissioner,
the chair of the panel and the chief of police within fifteen
days of receiving notice of the decision.
(2) The Commissioner shall forthwith notify the complain
ant of the appeal.
(3) A member of the panel who was appointed on a recom
mendation made under subsection 103 (2) may grant an exten
sion of the time provided for serving a notice of appeal,
before or after the expiry of the time, and may give directions
in connection with the extension.
( 4) The hearing of the police officer's appeal and any hear
ing ordered by the Commissioner under section 91 shall be
combined. 1990, c. 10, s. 92.
93.-(1) A board of inquiry shall be constituted,
(a) when the chief of police orders under section 90
that a matter be heard by a board of inquiry;
i
(b) when the Commissioner orders a hearing under sec
tion 91; and
( c) when a police officer appeals under section 92.
(2) The chair of the panel shall assign the following mem
bers of the panel to the board of inquiry, choosing members
from the area where the complaint arose if possible:
1. As presiding officer, a member who was appointed
on a recommendation made under subsection
103 (2).
2. A member who was appointed on a recommenda
tion made under subsection 103 (3).
3. A member who was appointed on a recommenda
tion made under subsection 103 ( 4).
(3) In the case of a complaint against a chief of police, the
board of inquiry shall include, instead of a member of the
panel who was appointed on a recommendation made under
subsection 103 (3), a person, other than a police officer or a
l
l;;
,. :
. ;; '•,i
i: .. •,
"· ! ,1 ;\ 11
.I ·I',
:j ·I
! \ ~
' i
I
, I,
i .. i
Ii j
1·. ,· .
,,
\
',I
I:
I
1
·1
, ..
I
I'
i 1
~ 1
Ii
i ~
ti
114
New hearing,
exception
Record of
disciplinary
hearing
Idem
Chap. 10 POLICE SERVICES Sec. 93 (3)
member of the Law Society of Upper Canada, appointed to
the board of inquiry by the chair of the panel on the recom
mendation of the Ontario Association of Chiefs of Police.
1990, C. 10, S. 93.
94.-(1) The hearing before the board of inquiry shall be
a new hearing, unless it follows a disciplinary hearing under
section 60; in that case it shall be on the record, but the board
may receive new or additional evidence as it considers just.
(2) If a board is constituted following a disciplinary hear
ing, the chief of police shall cause a record of the hearing to
be prepared, at the Commissioner's expense if the Commis
sioner ordered the hearing before the board.
(3) The record shall include a transcript and shall be
accompanied by the documents, physical evidence and exhi
bits considered at the disciplinary hearing. 1990, c. 10, s. 94.
Parties 95.-(1) The parties to a hearing are,
Idem
Carriage
Statement of
alleged
misconduct
(a) the complainant;
(b) the police officer;
( c) the Commissioner; and
( d) "the chief of police, in the case of an appeal by the
police officer.
(2) The board of inquiry may add parties at any stage of
the hearing on the conditions it considers proper.
(3) In the case of a hearing ordered by the chief of police
or by the Commissioner, the Commission~r has carriage of the
matter and, in the case of an appeal by the police officer, the
police officer has carriage.
( 4) In the case of a hearing ordered by the chief of police
or by the Commissioner, the chief of police or the Commis
sioner, as the case may be, shall provide the parties with a
concise statement of the allegations of misconduct to be
heard. 1990, c. 10, s. 95.
116
Notice of
hearing
Examination
of evidence
Recording of
evidence
Application
of 1984,
C. 11, S. 146
Chap. 10 POLICE SERVICES Sec. 96 (1)
96.-(1) The board of inquiry shall appoint a time for the
hearing and notify the parties.
(2) Before the hearing, the police officer and the complain
ant shall be given an opportunity to examine any physical or
documentary evidence that will be produced or any report
whose contents will be given in evidence at the hearing.
(3) The oral evidence given at the hearing shall be recorded
and copies of transcripts shall be_ provided on the same terms
as in the Supreme Court of Ontario.
(4) Section 146 of the Courts of Justice Act, 1984 (photogra
phy at court hearing) applies with necessary modifications to
the hearing.
Police officer (5) Despite section 12 of the Statutory Powers Procedure
not required d
to give Act, the police officer shall not be required to give evi ence at
evidence the hearing.
R.S.O. 1980,
C. 484
Limited
admissibility
of certain
statements
Board not to
communicate
in relation to
subject
matter of
hearing
Exception
Adjournment
for view
Release of
exhibits
Stay
(6) No statement made by the police officer or complainant
in the course of an attempt to resolve the complaint infor
mally shall be admitted in evidence at the hearing, except with
the consent of the person who made the statement.
(7) The board of inquiry shall not communicate directly or
indirectly in relation to the subject-matter of the hearing with
any person or party or party's counsel or representative,
unless all parties receive notice and have an opportunity to
participate.
(8) However, the board may seek legal advice from an
adviser independent of the parties, and in that case the nature
of the advice shall be communicated to the parties so that they
may make submissions as to the law.
(9) If it appears to be in the interests of justice, the board
may direct that the board, the parties and their counsel or
representatives shall have a view of any place or thing, and
may adjourn the hearing for that purpose.
(10) Within a reasonable time after the matter has been
finally determined, documents and things put in evidence at
the hearing shall, on request, be released to the person who
produced them.
(11) If the police officer is charged with an offence under a
law of Canada or of a province or territory in connection with
the misconduct or possible misconduct to which the complaint
, : 1
:U.
ii /,:;•,
. !l
I
l i.
I
I ;:\:
I i
' I' ,
! ,! :
! :' ;·
118
Only
members at
hearing to
participate in
decision
Decision
Penalties
Chap. 10 POLICE SERVICES Sec. 96 (11)
relates, the hearing shall continue unless the Crown Attorney
advises the presiding officer that it should be stayed until the
conclusion of the court proceedings.
(12) No member of the board shall participate in a decision
unless he or she was present throughout the hearing and
heard the parties' evidence and argument; except with the
parties' consent, no decision shall be given unless all the mem
bers so present participate in it.
(13) The decision of a majority of the members of the
board is the board's decision. 1990, c. 10, s. 96.
97 .-(1) If misconduct is proved at the hearing on clear
and convincing evidence, the chief of police may make sub
missions as to penalty and the board of inquiry may,
(a) dismiss the police officer from the police force;
(b) direct that the police officer be dismissed in seven
days unless he or she resigns before that time;
( c) demote the police officer, specifying the manner
and period of the demotion;
( d) ~uspend the police officer without pay for a period
not exceeding thirty days or 240 hours, as the ca~e
may be; ·
( e) direct that the police officer forfeit not more than
five days' or forty hours' pay, as the case may be; or
(f) direct that the police officer forfeit not more than
twenty days or 160 hours off, as the case may be.
Calculation (2) Pe11alties imposed under clauses (1) (d), (e) and (f)
shall be calculated in terms of days if the police officer nor
mally works eight hours a day or less and in terms of hours if
he or she normally works more than eight hours a day.
Idem (3) Instead of or in addition to a penalty described in sub-
section (1), the board may reprimand the police officer.
120
Notice of
decision
Appeal to
Divisional
Court
Grounds for
appeal
Attorney
General
Appointment
of Commis
sioner
Chap. 10 POLICE SERVICES Sec. 97 (4)
( 4) The board shall promptly give written notice of the
decision, with reasons, to the parties and the Attorney
General. 1990, c. 10, s. 97.
98.-(1) A party to a hearing before a board of inquiry
may appeal to the Divisional Court within thirty days of
receiving notice of the board's decision.
(2) An appeal may be made on a question that is not a
question of fact alone, or from a penalty, or both.
(3) The Attorney General is entitled to be heard, by coun-
sel or otherwise, on the argument of the appeal. 1990, c. 10,
s. 98.
POLICE COMPLAINTS COMMISSIONER
99.-(1) The Lieutenant Governor in Council shall
appoint a Police Complaints Commissioner, to hold office for
a term not exceeding five years.
Reappointment (2) The Commissioner may be reappointed for a further
term or terms not exceeding five years in each case.
Staff (3) Such employees as are considered necessary for the pur
R.s.o . 1980, poses of this Part may be appointed under the Public Service
c. 418 Act. 1 .
Remuneration
Records
Monitoring
handling of
complaints
( 4) The Commissioner shall be paid such remuneration and
allowance for expenses as may be fixed by the Lieutenant
Governor in Council.
(5) The Commissioner shall maintain copies of all records ,
reports and other materials received under this Part.
(6) The Commissioner shall monitor the handling of com
plaints by bureaus and chiefs of police.
Local offices (7) The Commissioner may establish local offices.
Idem (8) Anything that is given to or served upon the Commis-
Annual
report
sioner under this Part may be given or served at one of the
local offices.
(9) The Commissioner shall report annually to the Attor
ney General.
:~ .( · · .
J;
• I
j . ' ..
. ' i (,
. l::
: ; '
J· I
1:
\
I
I
)
I
I
, .
j
I
•·
I
I
i
I I
122 Chap. 10 POLICE SERVICES Sec. 99 (10)
Audit (10) The Commissioner's accounts shall be audited annually
Powers on
investigation
or review
by the Provincial Auditor. 1990, c. 10, s. 99.
100.-(1) For the purposes of an investigation under sec
tion 88 or 89 or a review under section 91, the Commissioner
may, if he or she has reasonable grounds to believe that it is
necessary to do so in furtherance of the investigation or
review, enter a police station after informing the chief of
police and examine there documents and things related to the
complaint.
(2) For the purposes of an investigation or review , the
Commissioner has the powers of a commission under Part II
R.s.o . 1980, of the Public Inquiries Act, which Part applies to the investi
c. 411
gation or review as if it were an inquiry under that Act.
Powers on
inquiry
Appointment (3) The Commissioner may, in writing, appoint a person to
of person to
make investi- make any investigation or review the Commissioner is author-
gation or ized to make and the person has all the powers and duties of
review
the Commissioner relating to the investigation and the review.
Identification
Report
Obstruction
Search
warrant
Entry and
search at
night
restricted
Removal of
books , etc.
( 4) The person shall be provided with a certificate of
appointment containing his or her photograph, and while
exercising any powers or performing any duties in respect of
the investigation or review shall produce the certificate of
appointment upon request.
i
. (5) The person shall report the results of the investigation
or review to the Commissioner.
(6) No person shall obstruct the Commissioner or a person
appointed under subsection (3) or withhold from the Commis
sioner or person or conceal or destroy any documents or
things related to the investigation or review.
(7) If a justice of the peace is satisfied, on an application
made without notice by the Commissioner or a person
appointed under subsection (3), that there are reasonable
grounds to believe that there are in any place documents or
things relating to an investigation or review, the justice of the
peace may make an order authorizing the applicant, together
with such persons as he or she calls on for assistance, to enter
the place, by force if necessary, search for the documents or
things and examine them.
(8) The entry and search shall not be made between the
hours of 9 p.m. and 6 a.m. unless the order so authorizes.
(9) The Commissioner may, upon giving a receipt, remove
any documents or things examined under subsection (1) or (7)
_ -,.
:..-
..,.
; l
• I
'\
' ( j
i i
124
Admissibility
of copies
Appointment
of expert
Recommen
dations
concerning
police
practices or
procedures
, .,,. r ,,.-• • - '"'""•-•:1110..•·~·=-- • - ~ .... ~• • • .... • • -- - -• •• ••• • •
Chap. 10 POLICE SERVICES Sec. 100 (9)
relating to the investigation or review, shall cause them to be
copied with reasonable dispatch and shall then return them
promptly to the person from whom they were removed.
(10) A copy made as provided in subsection (9) and certi
fied to be a true copy by the Commissioner is admissible in
evidence in any proceeding and is proof, in the absence of evi
dence to the contrary, of the original document and its con
tents.
(11) The Commissioner may appoint an expert to examine
documents or things examined under subsection (1) or (7).
1990, C. 10, S. 100.
101.-(1) The Commissioner may make recommendations
with respect to the practices or procedures of a police force by
sending the recommendations, with any supporting docu
ments, to,
(a) the Attorney General;
(b) the Solicitor General;
( c) the chief of police;
(d) the association, if any; and
t
( e) the police services board, in the case of a municipal
police force .
Comments (2) Within ninety days of receiving the recommendations,
Judicial
review of
Commis
sioner's
decisions
Panel for
boards of
inquiry
the chief of police, association and police services board shall
send their comments to the Attorney General, the Solicitor
General and the Commissioner. 1990, c. 10, s. 101.
102. The Commissioner's decisions under subsection
83 ( 5) ( complaint to continue to be dealt with despite informal
resolution), subsection 84 ( 6) ( complaint to continue to be
dealt with despite withdrawal) and clause 88 (1) ( c) ( decision
to conduct investigation because of undue delay) shall be
deemed to be made in the exercise of a statutory power of
decision. 1990, c. 10, s. 102.
BOARDS OF INQUIRY
103.-(1) The Lieutenant Governor in Council shall
appoint a panel of persons to act as members of boards of
inquiry to conduct hearings in connection with complaints.
·-
...
. Q
i '
.. ( .
: l I: i.
; . : ' ' 1 · .·
I i
1
;.'
' : 1 I ·<;
i ' ,·:'
; i ! ,,
. I i ,
. I!;
• ~ I 1
1
: •
i "
: I'
, I
I :
; r
! '
I
if
126
Recommen
dations for
appointment
Chap. 10 POLICE SERVICES Sec. 103 (2)
(2) One-third of the members of the panel shall be mem
bers of the Law Society of Upper Canada who are recom
mended for appointment by the Attorney General.
Idem (3) One-third of the members of the panel shall be persons,
Idem
Failure to
make
recommen
dations
Term
Continuance
in office for
uncompleted
assignments
other than police officers and members of the Law Society of
Upper Canada, who are recommended for appointment by
the Police Association of Ontario.
(4) One-third of the members of the panel shall be persons ,
other than police officers and members of the Law Society of
Upper Canada, who are recommended for appointment by
the Association of Municipalities of Ontario.
(5) The Attorney General may make the recommendations
under subsection (3) or ( 4) if the Police Association of
Ontario or the Association of Municipalities of Ontario, as the
case may be, do not submit written recommendations to the
Attorney General within the time that he or she specifies.
( 6) Appointments to the panel shall be for a term not
exceeding three years and a member may be reappointed for a
further term or terms.
(7) A member of the panel whose term expires without
reappointment continues in office for the purpose of complet
ing the work of a board to which he or she was assigned
before the expiration of the term.
1
Remuneration (8) The members of the panel shall be paid such remunera
tion and expenses as may be fixed by the Lieutenant Gover
nor in Council.
Chair (9) The Lieutenant Governor in Council shall appoint a
Annual
summary of
decisions
Police
officer's
employment
record
person to be the chair of the panel.
(10) The chair shall cause to be prepared and published an
annual summary of the decisions of boards, with reasons.
1990, C. 10, S. 103.
GENERAL MATTERS
104. No reference to a complaint, a hearing held under
this Part or a disciplinary hearing conducted under section 60
as a result of the complaint shall be made in the police offi
cer's employment record, and the matter shall not be taken
into account for any purpose related to his or her employ
ment, unless,
ri \l :
r /1 I'. I
~ ! I l:
1 1\• · ·
'.k :!1 '' :·;
~,.
~ I "
t t '
n .i··
I l •
.:'.: l
:1 : ;
: ~ . I
' : ,·
• . ! ·' j
j i'l .
'1 ':!
id
; 1 : 1
1 '
ii
. ( 1 1 (
' ~ !
i :'t
i {
i l
. I
128
Resignation
after hearing
ordered
Idem
Idem
Chap. 10
POLICE SERVICES Sec. 104
(a) the police officer is convicted of an offence in con
nection with the incident;
(b) misconduct is proved on clear and convincing evi
dence at a hearing held under this Part or at a disci-
plinary hearing;
( c) the chief of police admonishes the police officer in
connection with the incident, in accordance with
subsection 59 ( 1);
( d) the police officer admits misconduct in the course of
attempts to resolve the complaint informally; or
( e) the police officer resigns before the complaint 1s
finally disposed of. . 1990, c. 10, s. 104.
105.-(1) This section applies to a police officer who
resigns from the police force after a hearing is ordered under
section 90 or 91.
(2) If the police officer resigns before a board of inquiry is
constituted under section 93, the following rules apply:
1. No board of inquiry shall be constituted unless the
police officer, within twelve months of the resigna
tion, applies for employment "}"ith a police force or
is employed by a police force. ·
2. In that case, the board acquires jurisdiction over the
police officer despite the earlier resignation .
(3) If the police officer resigns after a board of inquiry is
constituted, the following rules apply:
1. The board of inquiry loses jurisdiction over the
police officer.
2. If the police officer, within twelve months of the
resignation, applies for employment with a police
force or is employed by a police force, the board's
jurisdiction is revived. 1990, c. 10, s. 105.
·- -
...
. .....
,.~.
•·
I I' : q
i
· l ·1
I '
: , ! I I,'
: ; . ':,\
: ~ r .
' ~ ~
: • : : '
! '
130
Notice
Notice by
mail
Delegation
by chief of
police
Delegation
by Commis
sioner
Application
of section
Confiden
tiality,
exceptions
1987, C. 25
Permitted
disclosure
Chap. 10 POLICE SERVICES Sec. 106 (1)
106.-(1) A notice or other document required to be
given or sent under this Part is sufficiently given if delivered
personally or sent by prepaid registered mail addressed to the
person.
(2) Notice that is given by mail shall be deemed to be given
on the fifth day after the day of mailing, unless the person to
whom the notice is to be given establishes that he or she, act
ing in good faith, through absence, accident, illness or other
cause beyond his or her control failed to receive the notice
until a later date. 1990, c. 10, s. 106.
107.-(1) The chief of police may authorize any police
officer of the rank of inspector or higher (from another police
force if there is none in the chief's own police force) to exer
cise any power or perform any duty of the chief of police
referred to in this Part.
(2) The Commissioner may authorize any member of his or
her staff to exercise any power or perform any duty of the
Commissioner referred to in this Part. 1990, c. 10, s. 107.
108.-(1) This section applies to every person engaged in
the administration of this Part, including a member of a police
force.
(2) A person shall preserve secrecy ~n respect of all infor
mation obtained in the course of his or her duties and not
contained in a record as defined in the Freedom of Inf orma
tion and Protection of Privacy Act, 1987, and shall not com
municate such information to any other person except,
(a) in accordance with subsection (3);
(b) as may be required for law enforcement purposes;
or
( c) with the consent of the person, if any, to whom the
information relates.
(3) A person may communicate information obtained in the
course of his or her duties,
(a) as may be required in connection with the adminis
tration of this Act and the regulations; or
(b) to his or her counsel.
Non- ( 4) No person shall be required to testify in a civil proceed-
compellabitity
ing with regard to information obtained in the course of his or
,~~
; • .,;.
• .f
. · ~
- £·
~-
~ .;}
-·~
,
. .,
: : ~ : :
h: ; : :
t; , ; : · , .
i; .
. r
' i
I
'· !
132
Inadmissi
bility of
documents
Chap. 10 POLICE SERVICES Sec. 108 (4)
her duties, except at a hearing held under this Part or at a dis
ciplinary hearing held under Part V.
(5) No document prepared under this Part as the result of a
complaint and no statement referred to in subsection 96 (6)
(statements made during attempt at informal resolution) is
admissible in a civil proceeding, except at a hearing held
under this Part or at a disciplinary hearing held under Part V.
1990, C. 10, S. 108.
Non- 109. The Ombudsman Act does not apply to anything
application of .
R.s.o. 1980, done under this Part. 1990, c. 10, s. 109.
C. 325 ·
Agreement
for contri
butions
Offence
Definition
J 984, C. 63
Transition,
complaints
under former
Act
Special
investigations
unit
110. The Attorney General may, with the approval of the
Lieutenant Governor in Council, enter into an agreement with
a municipality providing for its payment to the Treasurer of
Ontario, on such conditions as may be agreed upon, of contri
butions in respect of the amounts required for the purposes of
this Part. 1990, c. 10, s. 110.
111. A person who contravenes subsection 96 ( 4) (photog
raphy at hearing), 100 (6) (obstructing Commissioner) or
108 (2) (confidentiality) is guilty of an offence and on convic
tion is liable to a fine of not more than $2,000. 1990, c. 10,
s. 111.
112.-(1) In subsection (2), "for
1
mer Act" means . the
Metropolitan Toronto Police Force Complaints Act, 1984.
(2) Despite the repeal of the former Act by subsection
148 (1), complaints made under the former Act before the day
this Act comes into force shall be dealt with in accordance
with the former Act, except that hearings before boards of
inquiry that are constituted after the day this Act comes into
force shall be conducted in accordance with this Part. 1990,
C. 10, S. 112.
PART VII
SPECIAL lNVESTIGA TIONS
113.-(1) There shall be a special investigations unit of the
Ministry of the Solicitor General.
Composition (2) The unit shall consist of a director appointed by the
Lieutenant Governor in Council on the recommendation of
the Solicitor General and investigators appointed under the
R.s.o . 1980, Public Service Act.
C. 418
.___ ______________ _____________ _
134 Chap. 10 POLICE SERVICES Sec. 113 (3)
Idem (3) A person who is a police officer or former police officer
shall not be appointed as director, and persons who are police
officers shall not be appointed as investigators.
Peace officers ( 4) The director and investigators are peace officers.
Inve
st
igations (5) The director may, on his or her own initiative, and
shall, at the request of the Solicitor General or Attorney Gen
eral, cause investigations to be conducted into the circum
stances of serious injuries and deaths that may have resulted
from criminal offences committed by police officers.
Re
st
riction ( 6) An investigator shall not participate in an investigation
Charges
Report
Co-operation
of police
forces
Definitions
that relates to members of a police force of which he or she
was a member.
(7) If there are reasonable grounds to do so in his or her
opinion, the director shall cause informations to be laid
against police officers in connection with the matters investi
gated and shall refer them to the Crown Attorney for prosecu
tion.
(8) The director shall report the results of investigations to
the Attorney General.
(9) Members of police forces shall co-operate fully with the
members of the unit in the conduct of
1
investigations. 1990,
C. 10, S. 113.
PART VIII
LABOUR RELATIONS
114. In this Part,
"Arbitration Commission" means the Ontario Police Arbitra
tion Commission continued by subsection 131 ( 1); ("Com
mission d'arbitrage ")
"senior officer" means a member of a police force who has
the rank of inspector or higher or is employed in a supervi
sory or confidential capacity. ("agent superieur") 1990,
C. 10, S. 114.
. ,.
: !·
·1 ! I
' I
( '
:1 ! :
136
Exclusion of
O.P.P.
Exclusion of
chief of
police and
deputy
Hearing re
person ·s
status
Chap. 10 POLICE SERVICES Sec. 115 (1)
115.-(1) This Part, except section 117, does not apply to
the Ontario Provincial Police.
(2) The working conditions and remuneration of the chief
of police and deputy chief of police of a police force shall be
determined under clause 31 (1) (d) (responsibilities of board)
and not under this Part. 1990, c. 10, s. 115.
116.-(1) If there is a dispute as to whether a person is a
member of a police force or a senior officer, any affected per
son may apply to the Commission to hold a hearing and
decide the matter.
Decision final (2) The Commission's decision is final. 1990, c. 10,
Membership
in trade
union
prohibited,
exception
Categories
Senior
officers
Restriction
Notice of
desire to
hargain
s. 116.
117. A member of a police force 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 that do not
contravene section 49 and the chief of police consents. 1990,
C. 10, S. 117.
118.-(1) If a majority of the members of a police force,
or an association that is entitled to give notices of desire to
bargain, assigns the members of the po.lice force to different
c_ ategories for the purposes of this Part~ bargaining, concilia
tion and arbitration shall be carried on as if each category
were a separate police force.
(2) If at least 50 per cent of the senior officers of a police
force belong to an association composed only of senior offic
ers, bargaining, conciliation and arbitration shall be carried on
as if the senior officers were a separate police force.
(3) Bargaining, conciliation and arbitration may be carried
on with more than two categories within a police force (apart
from senior officers) only if the Commission has approved the
creation of the categories. 1990, c. 10, s. 118.
119.-(l) If no agreement exists or at any time after
ninety days before an agreement would expire but for subsec
tion 129 (1) or (2), a majority of the members of a police
force may give the 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.
138
Bargaining
Idem
Filing of
agreement
Association
Pension plans
under
R.S.O.1980,
c. 302
Bargaining
committee
Counsel and
advisors
Police organi
zation
Chief of
police
Chap. 10 POLICE SERVICES Sec. 119 (2)
(2) Within fifteen days after the notice of desire to bargain
is given or within the longer period that the parties agree
upon, the board shall meet with a bargaining committee of the
members of the police force.
(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 griev
ance procedures of the members of the police force and, sub
ject to section 126, their working conditions.
( 4) The board shall promptly file a copy of any agreement
with the Arbitration Commission.
(5) If at least 50 per cent of the members of the police
force belong to an association, it shall give the notice of desire
to bargain .
( 6) If the notice of desire to bargain involves pensions
under a pension plan establjshed or to be established under
the Municipal Act, 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. 1990, c. 10, s. 119.
120.-(1) The members of the bargaining committee shall
be members of the police force.
(2) One legal counsel and one other advisor for each of the
bargaining committee and the board may participate in the
bargaining sessions.
(3) If the notice of desire to bargain is given by an associa tion that is affiliated with a police organization, or if at least
50 per cent of the members of the police force belong to a
police organization, a member of the organization may attend
the parties' bargaining sessions in an advisory capacity.
( 4) The chief of police or, if the parties consent , another
person designated by the chief of police may also attend the
parties' bargaining sessions in an advisory capacity. 1990,
C. 10, S. 120.
'
I
J
l
I j:
.!
I
f!l i:
,1 I
I
i i
I I
/; l
I I (;
!1• 1 ··
r'
I
:: I:
I ,
l '
II,
Ill
;.I
>I
,· 1
: Ii
i
l ·
; ii
140
Appointment
of concil
iation officer
Duty of
conciliation
officer
Extension of
time
Report
No
arbitration
during concil iation
Chap. 10 POLICE SERVICES Sec. 121 (1)
121.- . (1) The Solicitor General shall appoint a concilia
tion officer, at a party's request, if a notice of desire to bar
gain has been given.
(2) The conciliation officer shall confer with the parties and
endeavour to effect an agreement and shall, within fourteen
days after being appointed, make a written report of the
results to the Solicitor General.
(3) The fourteen-day period may be extended if the parties
agree or if the Solicitor General extends it on the advice of
the conciliation officer that an agreement may be made within
a reasonable time if the period is extended.
( 4) When the conciliation officer reports to the Solicitor
General that an agreement has been reached or that an agree
ment cannot be reached, the Solicitor General shall promptly
inform the parties of the report.
(5) Neither party shall give a notice requmng matters in
dispute to be referred to arbitration under section 122 until
the Solicitor General has informed the parties of the concilia
tion officer's report or informed them that he or she does not
consider the case appropriate for the appointment of a concili-
ation officer. 1990, c. 10, s. 121.
Arbitration 122.-(1) If matters remain in dispJte after bargaining
Composition
of arbitration
board
under section 119 and conciliation, if any, under section 121, a
party may give the Solicitor General and the other party a
written notice referring the matters to arbitration.
(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 of 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 per
son shall be appointed by the Solicitor General.
3. If the arbitration board is to consist of three per
sons, the parties shall each appoint one person and
shall jointly appoint a chair. If they are unable to
j
l
1
l
1
: I
i
j
l
142
Time for
arbitration
Represent ations by
council
Criteria
Filing of
award
Costs and
expenses
Dispute,
appointment
of concil
iation officer
Chap. 10
POLICE SERVICES
Sec. 122 (2)
agree on a joint appointment, the chair shall be
appointed by the Solicitor General.
(3) The arbitration board shall commence the arbitration
within thirty days after being appointed, in . the case of a one
person board, or within thirty days after the appointment of
the chair, in the case of a three-person board, and shall
deliver its decision or award within sixty days after commenc
ing the arbitration.
( 4) The municipal council may make representations before
the arbitration board if it is authorized to do so by a resolu
tion.
(5) In making an aw· ard, the arbitration board shall take
into account the interest and welfare of the community served
by the police force as well as any local factors affecting the
community.
( 6) The arbitration board shall promptly file a copy of its·
decision or award with the Arbitration Commission.
(7) The following rules apply with respect to the costs and
expenses of the arbitration:
1. The Arbitration Commission span pay the fees of
any person the Solicitor General 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 expen
ses for matters shared in common, including the
fees of any person whom they jointly appoint to the
arbitration board. 1990, c. 10, s. 122.
123.-(1) The S~licitor General shall appoint a concilia
tion officer, at a party's request, if a difference arises between
the parties concerning an agreement or an arbitrator's deci
sion or award made under this Part , or if it is alleged that an
agreement or award has been violated.
144
Duty of
conciliation
officer
Extension of
time
Report
Chap. 10
POLICE SERVICES
Sec. 123 (2)
(2) The conciliation officer shall confer with the parties and
endeavour to resolve the dispute and shall, within fourteen
days after being appointed, make a written report of the
results to the Solicitor General.
(3) The fourteen-day period may be extended if the parties
agree or if the Solicitor General extends it on the advice of
the conciliation officer that the dispute may be resolved within
a reasonable tiine if the period is extended.
( 4) When the conciliation officer reports to the Solicitor
General that the dispute has been resolved or that it cannot
be resolved by conciliation, the Solicitor General shall
promptly inform the parties of the report.
No (5) Neither party shall give a notice referring the dispute to
arbitration
during concil- arbitration until the Solicitor General has informed the parties
iation of the conciliation officer's report. 1990, c. 10, s. 123.
Arbitration
after concil
iation fails
Idem
124.-(1) If the conciliation officer reports that the dis
pute cannot be resolved by conciliation, either party may give
the Solicitor General and the other party a written notice
referring the dispute to arbitration.
(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 (3) The following rules apply to the composition of the
of arbitration
board arbitration board:
l. The parties shall determine whether it shall consist
of one person or of 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 per
son shall be appointed by the Solicitor General.
3. If the arbitration board is to consist of three per
sons, 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 Solicitor General.
l
l
l
I
I
f
l
I
i
146
Time for
arbitration
Filing of
decision
Costs and
expenses
Enforcement
Idem
Extension of
time
Restriction
Chap. 10
POLICE SERVICES
Sec.124(4)
( 4) The arbitration board shall commence the arbitration
within thirty days after being appointed, in the case of a one
person board, or within thirty days after the appointment of
the chair, in the case of a three-person board, and shall
deliver a decision within a reasonable time.
(5) The arbitration board shall promptly file a copy of its
decision with the Arbitration Commission.
( 6) The following rules apply ~ith respect to the costs and
expenses of the arbitration:
1. The Arbitration Commission shall pay the fees of
any person the Solicitor General 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 expen
ses for matters shared in common, including the
fees of any person whom they jointly appoint to the
arbitration board.
_ (7) After the day that is thirty days afa~r the delivery of the
decision or after the day that the decision provides for compli
ance, whichever is later, the arbitration board may, of its own
motion, and shall, at a party's request, file a copy of the deci
sion, in the prescribed form, in the office of the Registrar of
the Supreme Court.
(8) The decision shall be entered in the same way as a judg
ment of the Supreme Court and may be enforced as such.
1990, C. 10, S. 124.
125. The parties may agree to extend any period of time
mentioned in this Part. 1990, c. 10, s. 125.
126. Agreements and awards made under this Part do not
affect the working conditions of the members of the police
force in so far as those working conditions are determined by
sections 42 to 49, subsection 50 (3) and Parts V, VI and VII of
this Act and by the regulations. 1990, c. 10, s. 126.
148 Chap. 10
POLICE SERVICES
Sec. 127
Non,~ . f 127. The Arbitrations Act does not apply to arbitrations
app 1cat1on o d d h' p
90
0
R.s.o. 19so, con ucte under t 1s art. 19 , c. 1 , s. 127.
C. 25
Agreements,
decisions and
awards
binding
Duration of
agreements,
decisions and
awards
Longer
duration if
parties agree
Provision for
expenditures
Coming into
effect
Exception
Arbitration
Commission
continued
128. Agreements, decisions and awards made under this
Part bind the board and the members of the police force.
1990, C. 10, S. 128.
129.-(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.
(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 con
tinue in effect until replaced. 1990, c. 10, s. 129.
130.-(1) If, when the council is adopting its annual esti
mates, 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.
(2) An agreement, decision or award comes into effect on
the first day of the fiscal period in respect of which the munic
ipal council may make provision for
I
it in its estimates,
whether that day is before or after the agreement, decision or
award is made.
(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). 1990,
C. 10, S. 130.
131.-(1) The comm1ss1on known as the Ontario Police
Arbitration Commission is continued.
Composition (2) The Arbitration Commission shall be composed of the
following members, appointed by the Lieutenant Governor in
Council:
150
Terms of
office
Chap. 10 POLICE SERVICES Sec. 131 (2)
1. Two representatives of boards, recommended for
appointment by the Municipal Police Authorities.
2. Two representatives of members of associations,
recommended for appointment by the Police Asso
ciation of Ontario.
3. A chair.
(3) The representatives of boards and members of associa
tions shall hold office for two-year terms and may be re
appointed; the chair shall hold office during pleasure.
Staff ( 4) Such employees as are necessary for the proper conduct
of the Arbitration Commission's work may be appointed
R.s.o . 1980, under the Public Service Act.
C. 418
Responsi
bilities of
Arbitration
C ommission
(5) The Arbitration Commission has the following responsi
bilities:
1. Maintaining a register of arbitrators who are avail
able for appointment.
2. Assisting arbitrators by making administrative
arrangements in connection with arbitrations.
3. Fixing the fees of arbitrators appointed by the Solie.;
itor General under section 124.
4. Sponsoring the publication and distribution of
information about agreements, arbitrations and
awards .
5. Sponsoring research on the subject of agreements,
arbitrations and awards.
6. Maintaining a file of agreements, decisions and
awards made under this Part.
Regulations (6) Subject to the approval of the Lieutenant Governor in
Council , the Arbitration Commission may make regulations,
(a) governing the cond_ uct of arbitrations and prescrib
ing procedures for them;
(b) prescribing forms and providing for their use .
·,1>.
152
Transition
Chap. 10 POLICE SERVICES Sec. 131 (7)
(7) The persons who are members of the Arbitration Com
mission on the day this Act comes into force shall continue to
hold office until their terms expire, and may be reappointed in
accordance with subsection (2). 1990, c. 10, s. 131.
PART IX
REGULATIONS AND MISCELLANEOUS
Property in 132.-(1) This section applies to personal property of all
possession of
police force kinds, except firearms and money, that comes into the posses-
Sale
Perishable
property
Non
perishable
property
R.S.O. I 980.
C. )98
sion of a police force under either of the following circum
stances:
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
force 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 dis
position and there is no legal requirement, apart
from this section, that it be retained or disposed of.
(2) The chief of police may cause the
1
property to be sold,
and the board may use the proceeds for any purpose that it
considers in the public interest.
(3) If the property is perishable, it may be sold at any time
without notice.
( 4) If the property 1s 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 force 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.
3. At least ten days notice of the time and place of the
public auction shall be given by publication in a
newspaper of general circulation in the municipal
ity.
t
1
1
I
l
l
· 1
i
I
!
154
Claim of
owner of
property
Register of
property
Chap. 10 POLICE SERVICES Sec. 132 (4)
4. The sale may be adjourned, repeatedly if necessary,
until the property is sold.
( 5) If a motor vehicle, bicycle or other property has been
sold before it has been in the possession of the police force 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.
( 6) The chief of police shall ensure that the police force
keeps a register of property and that the following rules are
followed:
1. . The description and location of every item of prop
erty 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
R.s.o. 1980, impounded under section 192 of the Highway Traffic Act.
C. 198
1990, C. 10, S. 132.
Money
Accounting
Use of
money
Firearms
Safe-keeping,
return to
owner
133.-(1) This section applies to money that comes into
the possession of a police force under the circumstances
described in paragraph 1 or 2 of subsection 132 (1).
(2) The money shall be accounted for according to the pre
scribed method.
(3) If three months have elapsed after the day the money
came into the possession of the police force and the owner has
not claimed it, the board may use it for any purpose that it
considers in the public interest. 1990, c. 10, s. 133.
134.-(1) This section applies to firearms that are in the
possession of a police force because they have been found,
turned in or seized.
(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.
" ' ::. ~-,.
156
Destruction
Firearm of
special
interest
Idem
Idem
Disposal
otherwise
than by
destruction
Register of
firearms
Chap. 10 POLICE SERVICES Sec.134(3)
(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.
( 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.
(5) If the Director indicates, within three months of receiv
ing notice, that the firearm is required for the Centre's collec
tion, the chief of police shall ensure that it is transferred
there.
( 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.
(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 Solicitor General's approval of the
method of disposal.
(8) The chief of police shall ensure thc1t the police force
keeps a register of firearms and 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
board or of a member of the police force, full par
ticulars 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 Commission listing
the firearms that have come into the possession of
the police force during the preceding calendar year,
indicating which firearms are still being retained
and which have been disposed of, and giving the
particulars of disposition. 1990, c. 10, s. 134.
. ;.
,:
158 Chap. 10 POLICE SERVICES
Sec. 135 (1)
Regulations 135.-(1) The Lieutenant Governor in Council may make
regulations,
1. prescribing standards for police services;
2. prescribing procedures for the inspection and review
by the Solicitor General of police forces;
3. requiring municipalities to provide police detention
facilities, governing those facilities and providing for
their inspection;
4. providing for financial aid to police training schools;
5. prescribing the minimum amount of remuneration
to be paid by municipalities to the members of
boards who are appointed by the Lieutenant Gover
nor in Council or Solicitor General;
6. prescribing the procedures to be followed by boards
and the places at which their meetings shall be held;
7. prescribing the forms of oaths or affirmations of
office and secrecy for the purposes of section
32 (members of boards), section 45 (police officers),
subsection 52 ( 6) ( auxiliary !Ilembers of police
forces), subsection 53 (9) (spedal constables) and ·
subsection 54 (8) (First Nations Constables);
8. respecting the government , operation and adminis
tration of police forces;
9. governing the qualifications for the appointment of
persons to police forces and for their promotion;
10. prescribing groups of persons for the purposes of
subsection 48 (1) ( employment equity plans);
11. prescribing matters to be contained in employment
equity plans;
160
I
I
I
,!
[!
: ,
I I
i
!
I
/ · j
!
Chap. 10
POLICE SERVICES Sec. 135 (1)
12. respecting the political activities in which municipal
police officers are permitted to engage;
13. establishing the ranks that shall be held by members
of municipal police forces;
14. prescribing the minimum salary or other remunera
tion and allowances to be paid to members of
municipal police forces;
15. regulating or prohibiting the use of any equipment
by a police force or any of its members;
16. regulating the use of force by members of police
forces;
17. prescribing standards of dress for police officers on
duty and prescribing requirements respecting police
uniforms;
18. prescribing courses of trammg for members of
police forces and prescribing standards in that con
nection;
19. governing the conduct, duties, suspension and dis
missal of members of police forces;
. 20. describing the circumstances undh which members
of police forces are permitted and 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;
21. prescribing the records, returns, books and accounts
to be kept by police forces and their members;
22. prescribing the method of accounting for fees and
costs that come into the hands of members of police
forces;
23.
24.
prescribing a code of conduct in which offences con
stituting misconduct are described for the purposes
of section 56;
providing for the payment of fees and expenses to
witnesses at hearings conducted under Part V or VI;
162 Chap. 10
POLICE SERVICES
Sec. 135 (1)
25. prescribing procedures for the investigation of com plaints under Part VI;
26. assigning further duties to the Police Complaints
Commissioner;
27. prescribing the method of accounting for money to
which section 133 applies;
28. prescribing forms and providing for their use;
29. prescribing any matter that this Act requires to be
prescribed or refers to as being prescribed;
30. respecting any matter that is necessary or advisable
to implement this Act effectively.
Idem (2) A regulation made under subsection (1) may be general
or particular in its application . 1990, c. 10, s. 135.
Crown bound 136. This Act binds the Crown in right of Ontario.
1990, C. 10, S. 136.
NOTE: Part X (ss. 137 to 150) (consequential amendments and repeals) has
been omitted.
NOTE: This Act was proclaimed into force as follows:
I
1. . Part VII on the 8th day of August, 1990.
2. Sections 1, 2, Parts I to VI and VIII to X on the 31st day of Decem
ber, 1990.
)
~
J
.. t
- - ~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I

Linked assets