Safer Ontario Act, 2018 — Bill 175 (41st Parliament, 2nd Session)

Bill 175, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 175

An Act to implement measures with respect to policing, coroners and forensic laboratories and to enact, amend or repeal certain other statutes and revoke a regulation The Hon. M.-F. Lalonde Minister of Community Safety and Correctional Services Government Bill 1st Reading November 2, 2017 2nd Reading December 5, 2017 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Justice Policy and as reported to the Legislative Assembly March 7, 2018) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE The Bill enacts, amends or repeals various Acts and revokes a regulation. The major elements of the Bill are described below.

SCHEDULE 1 POLICE SERVICES ACT, 2018 The

Schedule enacts the Police Services Act, 2018.

Part I (Principles and

Interpretation) The declaration of principles remains similar to the current Police Services Act, with the addition of the need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities and the need to ensure that all parts of Ontario, including First Nation Territories reserves, receive equitable levels of policing. A number of terminology changes are made relative to the current Police Services Act. “Police force” is replaced with “police service”. “Police services” provided by police is replaced with the term “policing”. “First Nations Constable” is changed to “First Nation Officer”. “Board” is replaced with “police service board”.

Part II (Minister’s Duties and Powers) This Part sets out the Minister’s general duties and powers under the Act. The Minister is entitled to receive prescribed information in accordance with the regulations from certain police entities an d to receive certain information on request. The rules respecting the collection, use a nd disclosure of personal information for the purpose of discharging the Minister’s duties , and for research purposes, are set out. The Information and Privacy Commissioner is given the power to review the practices of the Minister in relation to personal information. Offences related to the unauthorized use and disclosure of this information are set out.

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

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

In this case, the prescribed policing provider is to provide the policing function, instead of or along with the pol ice service board or the Commissioner. Members of the police service, or persons acting under their direction, must be used to deliver the policing functions that a re the components of adequate and effective policing, unless the regulations provide otherwise.

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

Rules are set out for the provision of policing in special areas, agreements for additional services and the cost of providing extra policing. This Part also sets out the rules for temporary assistance and emergency situations.

Part IV (Municipal Policing and Police Service Boards) This Part sets out how municipalities may provide policing and the rules that apply to police service boards (both municipal boards and First Nation boards). Municipalities may provide policing in their municipality in several ways, subject to th e Minister’s approval.

ii Municipal councils that maintain a municipal board are required to prepare a diversity plan to ensure that the board members are representative of the diversity of the population in the area. Rules respecting the name and size of mun icipal boards are set out. First Nations may request the constitution of a First Nation board by a Minister’s regulation. The Minister shall consider th e request and may make a regulation constituting the First Nation board to have policing responsibility for an area. The remainder of the Part sets out the rules that apply to all police service boards.

This includes the process for appointin g members to the boards. It also includes the duties of the police service boards, which include employing members of the police service and monitoring the chief of police’s performance. The police service boards also establish policies and prepar e strategic plans for their police services. Rules for liability, committees, meetings, quorum and other administrative issues are set out.

Part V (Ontario Provincial Police) This Part sets out the duties and responsibilities of the Ontario Provincial Police (the “O.P.P.”) and the governance provisi ons that apply to it. The Commissioner is appointed by the Lieutenant Governor in C ouncil and has the power to appoint members of the Ontario Provincial Police as police officers. The Minister establishes policies and prepares a strategic plan for the O.P.P. This Part provides for the constitution of O.P.P. detachment boards. O.P.P. deta chment boards advise O.P.P. detachment commanders with respect to policing provided by the detachment.

They may establish local policies and local action plans with respect to a wide range of matters. The Part also establishes the Ontario Provincial Police Governance Advisory Council. The Council’s role is to provide advice to the Minister regarding the use of the Minister’s powers with respect to the O.P.P. The Part provides for agreements with First Nations to have the Commissioner provide policing in Fir st Nation territory reserves or other specified areas. First Nations may request the constitution of a First Nation O.P.P. board by a Minister’s regulation.

These boards have many of the same functions and powers as an O.P.P. detachment board and are also responsible for overseeing the agreement with the First Nation.

Part VI (Inspector General of Policing) The Lieutenant Governor in Council appoints an Inspector General of Policing. The Inspector General’s duties are to monitor and conduct inspections rela ted to compliance with the Act and to deal with certain complaints regarding policing and board members. The Inspector General is entitled to receive prescribed information in accordance with the regulations from certain police entities and to receive cert ain information on request.

The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Inspector General’s duties are set out. Any person may complain to the Inspector General that a member of one of the boards regulated under the Act is not complying with the applicable code of conduct. Complaints may also be made about various other policing matters. The Inspector General is to consider the complaints and, if there are grounds for investigation, investigate them. The Inspector General may appoint inspectors and cause inspections to be conducted.

Inspectors have a wide variety of inspection powers, including the power to require responses to their inquiries. Inspectors reports their findings to the Ins pector General. If the Inspector General believes that the report discloses evidence that a board member is not complying with a code of conduct, he or she shall report the findings to the Minister or to a person appointed by the Minister and may recommend that the Minister or the appointed person use a disciplinary power.

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

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

Part VII (Police Officers and Other Policing Personnel) The duties of chiefs of police are set out. Chiefs of police are given the power to disclose personal information in certain circumstances. Th ey are also required to perform an internal investigation if a member of their police service is being investigated by the SIU Director. The duties of police officers are set out and the requirements for a person to be appointed as a police officer are est ablished. The Part also establishes the probationary period of newly appointed police officers for police services maintained by a poli ce service board.

iii Members of a police service must meet prescribed qualifications to hold their position, if any such qualifications are set ou t in the regulations. The police service boards and the Commissioner are required to accommodate the needs of a member of a police service who has a disability.

If a police officer continues to be incapable of fulfilling the essential duties or requirements of his or her position after being offered accommodation, the Act sets out a procedure for reassigning the officer to a civili an position or, in situations where the officer would not be capable of performing or fulfilling the essential duties or requirements of an available civilian position , retiring or terminating the employment of discharging or retiring the officer. A procedure for bringing these proposed actions to arbitration is set out.

Members of a police service are not permitted to engage in secondary activities unless the chief of police determines otherwise, including activities that would place them in conflict s of interest or that would otherwise constitute full -time employment for another person. This Part also provides for the appointment of police cadets and auxiliary members of the police service. Police service boards and the Commissioner are given the po wer to appoint persons as special constables.

Special constables have to meet certain eligibility criteria and are issued a certificate of appointment specifying the name of the employer for whom they may work, the powers of a police officer that they may exercise, if any, and the purpose for which they may act. The Minister may issue authorizations to employ special constables. Special constable employers have certain duties established by the Act and are required to investigate conduct of their special c onstable employees that may contravene the Act or the regulations.

Their authorization to employ special constables may be suspended or terminated for a variety of reasons, including a failure to take appropriate action against a special constable employee who may have contravened the Act or the regulations. This Part also provides for the appointment of First Nation Officers. First Nation Officers are peace officers and have the powers of a police officer for the purpose of carrying out their duties.

Part VIII (Right to Report Professional Misconduct) This Part establishes the procedures for disclosing professional misconduct. The right to disclose under this Part prevails o ver anything provided under any other Act or otherwise at law that would prohibit th e disclosure. This Part requires the establishment of written procedures for the disclosure of professional misconduct by members of a police service or by employees of a special constable employer. These procedures may be followed in disclosing the professional misconduct.

Members of a police service or special constables may instead disclose professional misconduct directly to the Inspector General in certain cases, including if they believe it would not be appropriate to disclose it in accordance with th e disclosure procedures. The Inspector General shall assess the complaint and refer it to the Complaints Director if appropriate. No person shall take a reprisal against members of a police service or special constables who take certain actions under the Part, including disclosing professional misconduct.

Part IX (Discipline and Dismissal) This Part defines professional misconduct, which includes a failure to comply with the applicable code of professional conduct and other failures to comply with the Act or the Policing Oversight Act, 2018. This Part sets out a duty for chiefs of police, police service boards and the Minister to report professional misconduct to t he Complaints Director in prescribed circumstances. It also sets out investigation provisions respecting conduct that constitutes professional misconduct, workplace misconduct or unsatisfactory work performance.

Chiefs of police, police service boards and the Minister may impose different disciplinary measures on police officers for conduct that co nstitutes professional misconduct, workplace misconduct or unsatisfactory work performance. Certain disciplinary measures, such as temporary suspensions, forfeiture of pay and reprimands, can be imposed directly by the chief, board or Minister. The police officer may request a hearing before the Tribunal to dispute the measure. Termination of employment and demotion cannot be imposed directly.

Instead, the chief of police, police service board or Minister must apply to the Tribunal to hold a hearing on the matter. The Tribunal may order termination, demotion or another disciplinary measure at the end of the hearing. Suspensions with pay may be imposed pending the final disposition of a proceeding under this Part or the Policing Oversight Act, 2018.

Suspensions without pay may be imposed in more limited circumstances, including convictions for an offence and sentencing to a term of imprisonment, judicial interim release that prevents the officer from performing the usual duties of a police officer and charges for certain serious offences.

Part X (Labour Relations) This

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

iv Police associations are required to not act in a manner that i s arbitrary, discriminatory or in bad faith in the representation of any of the members of the police service. Membership in trade unions or organizations affiliated with trade unions is prohibited for members of a police service, subject to certain exceptions. The Part sets out a procedure for bargaining, conciliation and arbitration between the members of a police service and the police service board. Disputes regarding an agreement made under this Part also go through conciliation and arbitration. A procedure is provided for complaints that this Part has been contravened. This

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

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

Part XII (Court Security) This Part sets out the rules that apply to security for premises where court proceedings are conducted. Police service boards and the Commissioner are responsible for providing court security in their areas of policing responsibility. They may authorize a person to provide court security, and those persons are granted a number of powers.

Part XIII (Community Safety and Well-Being Plans) Municipal councils are required to prepare and adopt a community safety and well -being plan. First Nations may also choose to do so. These plans must identify risk factors to the community and identify strategies to reduce prioritized risk factors, in addition to other requirements. Municipal councils that have adopted such a plan must monitor, evaluate and rep ort on the effect it is having.

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

Part XV (Amendment and Repeal) This Part replaces the existing

Part VIII.1 of the current Police Services Act with a new Part that closely resembles

Part XI of the Police Services Act, 2018. The Police Services Act is also amended by adding a new Part providing for co mmunity safety and well-being plans, along with related regulation-making powers. These amendments all come into force on Royal Assent. This Part also provides for the repeal of the Police Services Act.

SCHEDULE 2 POLICING OVERSIGHT ACT, 2018 The

Schedule enacts the Policing Oversight Act, 2018.

Part I (Principles and

Interpretation)

Section 1 sets out the principles by which the oversight of policing in Ontario shall be governed, including the importance o f accountability in policing and the impartial and independent operation of the policing oversight system.

Section 2 deals with

interpretation and sets out

definitions for the Act. Generally speaking, words and expressions used in the Act and in the regulations made under it that relate to policing and pol ice matters have the same meanings as under the Police Services Act, 2018 (subsection 2 (2)). The Crown is bound by the Policing Oversight Act, 2018 (section 3).

Part II (Ontario Special Investigations Unit)

Part II of the Act continues the Ontario Special Investigations Unit. The Ontario Special Investigations Act, 2018 is consequently repealed (section 106).

Section 4 in

Part II of the Act deals with interpretive matters including

definitions applicable to the Part, such as a defin ition of “serious injury”. Sections 5 to 15 provide for the continuance of the Ontario Special Investigations Unit headed by the Ontario Special Investigations Director (“SIU Director”). Sections 7 to 15 deal with the composition of the Ontario Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (section 14).

Section 10 provides for and governs the collection, use and disclosure of personal information by the SIU Director for the purposes of conducting analyses and p ublishing in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario.

v The remainder of the Part deals with investigations. The SIU Director may i nitiate an investigation in two contexts. The first of these is with respect to an incident in which a person dies or is seriously injured, or in which a firearm is discharged at a person or in which a sexual assault is reported to have occurred , if the in cident may have resulted from the conduct of an official (subsection 16 (1)). The term “official” is defined as police officers, special constables, auxiliary members of a p olice service and any other person who may be prescribed by the regulations (subsec tion 4 (1)).

This power to investigate applies even if the official is no longer serving in that position. It also applies to incidents that occurred in the past (with spec ified limitations as to officials other than police officers). Subsection 16 (2) set s out that the power to investigate under

section 16 may apply to an official with respect to his or her conduct when off -duty, in specified circumstances. Regulations made under the Act may provide that the SIU Director shall not investigate incidents in which an official provided immediate medical care in specified circumstances. Under

section 17 an official’s designated authority — a term defined in subsection 4 (1) in respect of different types of officials — must immediately notify the SIU Director of an incident that may be investigated under

section 16. This applies even if the seriousness of a person’s injury cannot initially be determined. If given notice of an incident, the SIU Director must may cause an investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under

section 16. If, in the course of an investigation of an incident under

section 16, the SIU Director determines that a person who is not an official who may be investigated under that

section may also have been a cause of an incident to which that

section applies party to the incident , the SIU Director may extend the investigation to includ e that person (section 18). This would include an official who was off -duty at the time of the incident but who does not meet the criteria required to initiate an investigation under

section 16. The SIU Director may also initiate an investigation in anothe r context (section 19). If, in the course of an investigation under

section 16, the SIU Director becomes aware of a matter that is not something that can be investigated under that

section but which may constitute a criminal offence or other specified offe nce committed by an official, the SIU director may cause the matter to be investigated. Alternatively, the SIU Director may instead refer the matter to a chief of police. In either case, the The SIU Director is the lead investigator in the investigation of any incident or matter under

Part II (section 20). Sections 21 to 31 set out the mechanics and other elements of the investigations themselves, including securing of the scene (section 22), incident notes and other notes of subject and witness officials ( sections 23, 25 and 26), the designation of officials as “subject official” and “witness official” as defined in the Part (section 24), the segregation of officials and limits on their communication during an investigation (section 28), and confidentiality during an investigation (sections 30 and 31).

Section 33 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Ontario Special Investiga tions Unit. A failure to do so constitutes an offence, the penalty on conviction being a fine of not more than $50,000 $25,000 for a first offence or $50,000 for a subsequent offence, a term of imprisonment of not more than one year, or both. If the SIU Director determines, as a result of an investigation under

Part II, that there are reasonable grounds to believe that a person has committed an offence under any federal or Ontario statute the Criminal Code (Canada), the SIU Director shall cause charges to be laid against the person; in the case of an offence under any other law of Canada or under Ontario law, the SIU Director may cause charges to be laid but is not required to (section 34). Sections 35 to 37 address requirements for the SIU Director to give public notice of the results of investigations under the Part. Investigations under the Part are subject to the timing and related notice requirements of

section 38. The SIU Director is required to give notice to the Ontario Policing Complaints Director a nd to the Inspector General of Policing respecting matters raised during an investigation under the Part that may engage their respective statutory mandates under the Police Services Act, 2018.

Part III (Ontario Policing Complaints Agency)

Section 42 conti nues the office of the Independent Police Review Director as the Ontario Policing Complaints Agency, headed by the Ontario Policing Complaints Director (“Complaints Director”). Most of

Part III deals with the composition of the Agency and other matters res pecting the Agency, such as protection from personal liability (section 53).

Section 50 provides for and governs the collection, use and disclosure of personal information by the Complaints Director for the purposes of conducting analyses and publishing in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario. The Complaints Director administers the public complaints and investigation regime set out in

Part IV of the Act (section 44). The Complaints Director may also undertake reviews of issues of a systemic nature that have been the subject of public complaints or investigations under

Part IV, or that may contribute or otherwise be related to pro fessional misconduct by police officers and special constables (section 45).

Part IV (Public Complaints, Investigations and Hearings)

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

Section 55 deals with interpretive matters including

definitions.

Section 57 sets out the considerations the Complaints Director must consider when the Part requires a determination as to whether or not an investigation is in the public interest. Sections 58 to 62 address public complaints. A person may make a complaint to the Complaints Director about the conduct of a police officer or sp ecial constable. A complaint may be made through an agent or, in specified circumstances, may be made by a person on behalf of another person. Certain persons, such as members of a police service, are restricted from making complaints to the Complaints Dir ector.

If a person inadvertently makes a complaint to a member of a police service, police service board, special constable or special constable employer, that person or entity must provide information to the complainant respecting the Complaints Director and the complaints process, and, if the complainant requests it, forward the complaint to the Complaints Director. (Section 58). The Complaints Director is required to review every complaint.

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

The Complaints Director is also given authority to cause an investigation to be conducted into the conduct of a pol ice officer or special constable in the absence of a complaint, if specified circumstances apply and the Complaints Director determines that an investigation is in the public interest (section 63). The specified circumstances include receipt of notice of p ossible professional misconduct from the SIU Director or from certain officials under the Police Services Act, 2018. Sections 68 to 77 of the Policing Oversight Act , 2018 deal with investigations under

Part IV by the Complaints Director, including authorit y for the Complaints Director to postpone the commencement of an investigation in order to avoid interfering with a criminal investigation or proceeding (section 69). Investigation powers are set out in sections 70 to 73. The Complaints Director may discon tinue an investigation if he or she determines that continuing it is not in the public interest (section 75).

Otherwise, the Complaints Director is required to endeavour to ensure that investigations are concluded within a year of their commencement, subje ct to specified postponement or stay, if applicable (section 76). The Complaints Director must make a written report on the conclusion of every investigation (section 77).

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

Section 81 permits the Complaints Director to refer a complaint to a chief of police for inv estigation, subject to any requirements specified by the Complaints Director. The chief of police is required to cause the complaint to be investigated and must report the results back to the Complaints Director. Sections 82 to 89 deal with hearings of mat ters referred by the Complaints Director to the Tribunal.

The Minister responsible for the administration of the Act is deemed to be the applicant in the proceeding; the police officer or special constable is also a party, as is any other person specified by the Tribunal the respondent (section 82). The Complaints Director, the complainant and any other interested person may seek leave to intervene in the application (section 83). The Tribunal may make certain interim orders, such as suspending the appointment of a police officer or special constable under the Police Services Act, 2018, in specified circumstances (section 84).

If the Tribunal determines, on a balance of probabilitie s, that the conduct of a police officer or special constable constitutes professional misconduct, the Tribunal may make specified orders (section 87). In the case of an application respecting a police officer or a special constable who is a member of a pol ice service, the chief of police of the applicable police service or other specified person is entitled to make submissions respecting the advisability of certain penalties under the Police Services Act , 2018 , which the Tribunal would then be authorized to order (section 88).

Any party to the application may appeal a decision or order of the Tribunal in accordance with the requirements of

section 90. In addition, if a chief of police or other specified person made submissions respecting penalty under sectio n 88, the chief or other person may appeal a decision or order of the Tribunal in accordance with the requirements of

section 91, but only on the question of penalty. In either case, the appeal lies to the Divisional Court, and no leave of that court is re quired. The Tribunal and the Complaints Director are entitled to make submissions on the appeal. Sections 94 to 102 deal with other related matters.

Section 94 provides that

Part IV continues to apply to a police officer o r special constable despite his or her retirement or resignation, other than a police officer appointed under the Interprovincial Policing Act, 2009. However, the

Part continues to apply to a police officer appointed under the Interprovincial Policing Act, 2009 after any termination of his or her appointment under that Act (section 95).

Section 96 sets out the rules governing a matter that may be the subject of an investigation by the SIU Director under

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

vii

Section 97 requires sets out the circumstances in which the Complaints Director to may or must notify the Inspector General of Policing of a matter that may fall within the latter’s statutory mandate under the Police Services Act , 2018, if raised in a complaint or during an investigation under

Part IV.

Section 100 sets out a duty for specified persons, in cluding police officers and special constables, to comply with directions or requests of the Complaints Director or investigators with the Ontario Policing Complaints Agency. A failure to do so constitutes an offence.

Section 101 sets out prohibitions rela ting to actions that may hinder a complaint or investigation under

Part IV, and contravention constitutes an offence. The penalty on conviction in either case is a penalty of a fine of not mor e than $50,000 $25,000 for a first offence or $50,000 for a subsequent offence , a term of imprisonment of not more than one year, or both.

Part V (Regulations)

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

Part VI (Amendment to this Act)

Part VI of the Act amends

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

Part VII (Repeal)

Part VII of the Act repeals the Ontario Special Investigations Unit Act , 2018, which is replaced by

Part II of the Policing Oversight Act, 2018.

Part VIII (Commencement and

Short Title)

Section 107 of the Act provides that it comes into force on a day to be n amed by proclamation of the Lieutenant Governor with the exception of the amendment to

section 81 of the Act, which comes into force on the earlier of the fifth anniversary of the day subsection 81 (1) of the Act comes into force and a day to be named by p roclamation of the Lieutenant Governor.

SCHEDULE 3 ONTARIO POLICING DISCIPLINE TRIBUNAL ACT, 2018 The

Schedule enacts the Ontario Policing Discipline Tribunal Act , 2018 . The Act continues the Ontario Civilian Police Commission as the Ontario Policing Disci pline Tribunal, the primary function of which is to hear matters brought before it under the Policing Oversight Act, 2018 and the Police Services Act, 2018 with respect to possible professional misconduct or other misconduct of police officers and other po licing officials (as specified in those Acts).

Sections 1 to 7 deal with the composition of the Tribunal and other matters respecting the Tribunal, such as protection from personal liability (subsection 6 (1)). Sections 8 to 12 set out generally applicable procedural rules that apply in proceedings before the Tribunal; for the most part, proceedings before the Tribunal are subject to the Statutory Powers Procedure Act .

Section 13 establishes a procedural rule-making authority for the Tribunal.

Section 14 au thorizes the Lieutenant Governor in Council to make regulations respecting any transitional matters that may arise as a result of the enactment of the new Act.

SCHEDULE 4 ONTARIO SPECIAL INVESTIGATIONS UNIT ACT, 2018 The

Schedule enacts the Ontario Special Investigations Unit Act , 2018. The Act continues the special investigations unit as the Ontario Special Investigations Unit.

Part VII of the Police Services Act is consequently repealed (section 40). The Crown is bound by the Ontario Special Investigations Unit Act, 2018 (section 3).

Section 1 of the Act deals with interpretive matters, including

definitions such as a definition of “serious injury”. General ly speaking, words and expressions used in the Act and in the regulations made under it that relate to policing and police matte rs have the same meanings as under the Police Services Act. Sections 4 to 14 provide for the continuance of the special investigations unit as the Ontario Special Investigations Unit, headed by the Ontario Special Investigations Director (“SIU Director”). Sec tions 6 to 14 deal with the composition of the Ontario Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (sectio n 13).

Section 9 provides for and governs the collection, use and disclosure of pers onal information by the SIU Director for the purposes of conducting analyses and publishing in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in On tario. Most of the remainder of the Act deals with investigations. The SIU Director may initiate an investigation in two contexts.

The first of these is with respect to an incident in which a person dies or is seriously injured, or in which a firearm is discharged at a person or in which a sexual assault is reported to have occurred , if the incident may have resulted from the conduct of an official (subsection 15 (1)). The term “official” is defined as police officers, special constables who are members of a police force , auxiliary members of a police force and any other person who may be prescribed by the regulations (subsection 1 (1)). This power to investigate applies even if the official is no longer serving in that position.

It also applies to incidents that occurred in the past (with specified limitations as to officials other than police officers). Subsection 15 (2) sets out that the power to investigate under

section 15 may apply to an official with respect to his or her

viii conduct when off-duty, in specified circumstances. Regulations made under the Act may provide that the SIU Director shall not investigate incidents in which an official provided immediate medical care in specified circumstances. Under

section 16, an official’s designated authority — a term defined in subsection 1 (1) in respect of different types of officials — must immediately notify the SIU Director of an incident that may be investigated under

section 15. This applies even if the seriousness of a person’s injury cannot initially be d etermined. If given notice of an incident, the SIU Director must may cause an investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under

section 15. If, in the course of an investigation of an incident under

section 15, the SIU Director determines that a person who is not an official who may be investigated under that

section may also have been a cause of an incident to which that

section applies party to the incident, the SIU Director may extend the investigation to includ e that person (section 17). This would include an official who was off -duty at the time of the incident but who does not meet the criteria required to initiate an investigation under

section 15. The SIU Director may also initiate an investigation in anothe r context (section 18). If, in the course of an investigation under

section 15, the SIU Director becomes aware of a matter that is not something that can be investigated under that

section but which may constitute a criminal offence or other specified offe nce committed by an official, the SIU director may cause the matter to be investigated. Alternatively, the SIU Director may instead refer the matter to a chief of police. In either case, the The SIU Director is the lead investigator in the investigation of any incident or matter under the Act (section 19).

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

Section 32 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Ontario Special Investigat ions Unit. A failure to do so constitutes an offence, the penalty on conviction being a fine of not more than $50,000 $25,000 for a first offence or $50,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.

If the SIU Director determines, as a result of an investigation under the Act, that there are reasonable grounds to believe that a person has committed an offence under any federal or Ontario statute the Criminal Code (Canada), the SIU Director shall cause charges to be laid against the person; in the case of an offence under any other law of Canada or under Ontario law, the SIU Director may cause charges to be laid but is not required to (section 33). Sections 34 to 36 address requirements for the SIU Director to giv e public notice of the results of investigations under the Act.

Investigations are subject to the timing and related notice requirements of

section

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

Section 39.1 makes amendments to the Act to expand its application to all special constables. The Act comes into force on a day to be named by proclamation of the Lieutenant Governor (section 42).

SCHEDULE 5 CONSEQUENTIAL AMENDMENTS The

Schedule amends various Acts to make consequential amendments reflecting the content of the Police Services Act, 2018 and the Policing Oversight Act, 2018.

SCHEDULE 6 CORONERS ACT The

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

Schedule adds multiple

definitions to the Act. The terms “police force” and “First Nations Constable” are changed to “police service” and “First Nation Officer”, respectively, throughout the Act. The Chief Coroner, rather than the Lieutenant Governor in Council, now appoints coroners. The Lieutenant Governor in Council may now appoint a legally qualified medical practitioner, rather than only a coroner, to be Chief Coroner, Deputy Chief Coroner or a regional coroner. The

Schedule sets out rules for review of the Chief Coroner’s practices and those of certain prescribed entities. The Chief Coroner may now direct that a judge, a retired jud ge or a lawyer hold or continue an inquest if the Chief Coroner is of the opinion that the procedural or legal issues raised or likely to be raised by the inquest warrant it. The Act

Schedule now provides that the Chief Coroner may, pursuant to an agreemen t in writing, disclose personal information collected under the Act to entities prescribed by regulation for the purpose of research, data analysis or the compilation of statistical information related to the health or safety of the public. The rules respecting the collection, use and

ix disclosure of this personal information are set out. Offences related to the unauthorized use and disclosure of this information are set out.

SCHEDULE 7 MISSING PERSONS ACT, 2018 The

Schedule enacts the Missing Persons Act, 2018. The Act establishes measures to assist members of a police force in locating a missing person in the absence of a criminal investigation. In particular, the Act allows officers to apply for an order for the production of records to assist in locati ng a missing person or a search warrant to facilitate a search for a missing person. An officer may also, in certain circumstances , make an urgent demand for the production of records to assist in locating a missing person in the absence of an order.

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

SCHEDULE 8 FORENSIC LABORATORIES ACT, 2018 The

Schedule enacts the Forensic Laboratories Act,

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

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

Section 3 of the Act provides that when certain test results are provided, prescribed information in the prescribed form must also be provided.

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

Section 5 of the Act provides that the Minister may establish an advisory committee. The Act also provides for inspections and enforcement (see sections 6 to 8).

Bill 175 2018

An Act to implement measures with respect to policing, coroners and forensic laboratories and to enact, amend or repeal certain other statutes and revoke a regulation CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Police Services Act, 2018

Schedule 2 Policing Oversight Act, 2018

Schedule 3 Ontario Policing Discipline Tribunal Act, 2018

Schedule 4 Ontario Special Investigations Unit Act, 2018

Schedule 5 Consequential Amendments

Schedule 6 Coroners Act

Schedule 7 Missing Persons Act, 2018

Schedule 8 Forensic Laboratories Act, 2018 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

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

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

(3) If a

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

Short title 3 The

short title of this Act is the Safer Ontario Act, 2018.

SCHEDULE 1 POLICE SERVICES ACT, 2018 CONTENTS

PART I PRINCIPLES AND

INTERPRETATION 1. Declaration of principles 2.

Interpretation

PART II MINISTER’S DUTIES AND POWERS DUTIES 3. Minister’s general duties INFORMATION 4. Information to Minister in accordance with regulations 5. Personal information 6. Disclosure for research purpose 7. Information and Privacy Commissioner’s review of practices 8. Offence 9. Review of information provisions

PART III PROVISION OF POLICING RESPONSIBILITY FOR PROVIDING POLICING 10. Policing responsibility 11. Adequate and effective policing 12. Provision by pPrescribed policing providers USE OF PERSONNEL 13. Members of police service must provide certain functions 14. Provision by authorized policing providers 15. Use of personnel who are not peace officers SPECIAL AREAS 16. Special areas, provision of policing by Commissioner ADDITIONAL SERVICES AND EXTRA POLICING 17. Additional services 18. Extra policing cost TEMPORARY ASSISTANCE AND EMERGENCIES 19. Request for temporary assistance 20. Inspector General powers 21. Emergencies

PART IV MUNICIPAL POLICING AND POLICE SERVICE BOARDS METHODS OF PROVIDING MUNICIPAL POLICING 22. Methods of providing municipal policing 23. Amalgamation of police services 24. Agreement to jointly constitute municipal board 25. Other municipal boards 26. Agreements for provision of policing between municipalities 27. Agreement with First Nation to provide policing MUNICIPAL DIVERSITY PLANS 28. Diversity plan 29. Promotion by municipal council 30. Dissolution of municipal board MUNICIPAL BOARDS 31. Municipal boards FIRST NATION BOARDS 32. First Nation boards APPOINTMENT OF POLICE SERVICE BOARD MEMBERS 33.

Appointment 34. Members appointed by municipality 35. Oath, training and conduct 36. Election of chair POLICE SERVICE BOARD DUTIES AND POWERS 37. Police service board duties 38. Police service board policies 39. Strategic plan 40. Police service board directions

3 41. Reporting and information sharing ADMINISTRATION AND FINANCES 42. Delegation 43. Meetings 44. When meetings may be closed to public 45. Evidence of by-laws 46. Rules and procedures 47. Liability 48. Protection from personal liability 49. Police service board may contract, sue and be sued 50. Municipal board finances 51. Funding review, First Nation board 52. Aid to survivors of deceased member of municipal police service MISCELLANEOUS 53. Termination to abolish or reduce size of police service 54. Municipal fines 55. Municipal by-law enforcement officers

PART V ONTARIO PROVINCIAL POLICE COMMISSIONER 56. Commissioner 57. Commissioner’s duties 58. Annual report MINISTER 59. Minister’s O.P.P. duties 60. Minister’s policies 61. Strategic plan 62. Minister directions ADMINISTRATION AND FINANCES 63. Liability 64. Commissioner policing 65. Minister may charge for Commissioner’s services 66. Aid to survivors of deceased member of O.P.P. O.P.P. DETACHMENT BOARDS 67. O.P.P. detachment board 68. Role 69. Local policies 70. Local action plan 71. Estimates, O.P.P. detachment boards ONTARIO PROVINCIAL POLICE GOVERNANCE ADVISORY COUNCIL 72.

Ontario Provincial Police Governance Advisory Council 73. Functions of Advisory Council 74. Meetings 75. When meetings may be closed to public AGREEMENTS WITH FIRST NATIONS 76. Agreements with First Nations to provide O.P.P. policing 77. First Nation O.P.P. boards 78. Duties and functions of First Nation O.P.P. board

PART VI INSPECTOR GENERAL OF POLICING APPOINTMENT AND DUTIES 79. Inspector General of Policing 80. Annual report INFORMATION 81. Information to Inspector General in accordance with regulations 82. Personal information COMPLAINTS 83. Board member complaints 84. Policing complaints 85. Complaints by Minister 86.

Interpretation, portion of a complaint INSPECTIONS 87. Inspectors 88. Request for inspection by Minister 89. Restrictions on inspections 90. Inspection without order

4 91. Inspection order 92. Inspection powers 93. Power to require response to inquiries 93.1 Privilege Preserved 94. Notice and reports 95. Referral to other chief of police 96. Identification 97. Detention of things, documents or data 98. Board member duties during and after investigation RESULTS OF INSPECTION 99. Results of inspection 100. Code of conduct contravention 101. Non-compliance with Act or regulations 102. Failure to comply with Inspector General’s direction 103. Administrators 104. Emergency, interim measure OFFENCES 105. Obstruction, etc.

PART VII POLICE OFFICERS AND OTHER POLICING PERSONNEL CHIEF OF POLICE 106. Duties of chief of police 107. Power to disclose personal information 108. SIU investigation of member of police service POLICE OFFICERS 109. Duties of police officer 110. Appointment of police officer 111. Probationary period, police service board officer 112. Oaths of office and secrecy 113. Political activity MEMBERS OF POLICE SERVICES 114. Qualifications to hold position 115. Accommodation of disability needs 115.1 Transfer to accommodate 115.2 Suspension by Tribunal 115.3 No effect on collective agreement 116.

Restrictions on secondary activities 117. Police cadets 118. Auxiliary members of police service SPECIAL CONSTABLES 119. Special constables 120. Amendment to certificate of appointment 121. Suspension and termination of special constable appointment 122. Special constable duties 123. Notice if outside area of policing responsibility SPECIAL CONSTABLE EMPLOYERS 124. Authorization 125. Duties of special constable employer 126. Suspension or termination of authorization to employ SPECIAL CONSTABLES HOLDING OUT AS POLICE OFFICERS 127. Holding out as police officer FIRST NATION OFFICERS 128. First Nation Officers

PART VIII RIGHT TO REPORT PROFESSIONAL MISCONDUCT APPLICATION 129. Disclosure despite conflict with other Acts DISCLOSURE PROCEDURES 130. Disclosure procedures 131. Reporting of professional misconduct DISCLOSURE TO THE INSPECTOR GENERAL 132. Disclosure to Inspector General 132.1 Disclosure to SIU Director 133. Initial assessment by Inspector General 133.1 Allegation of criminal conduct 134. Referral by Inspector General

5 PROTECTION FROM REPRISALS 135. No reprisals 136. Complaint about reprisal

PART IX DISCIPLINE AND DISMISSAL NON-APPLICATION 137. Non-application 138. Agreements PROCEDURES 139. Assessment and discipline procedures PROFESSIONAL MISCONDUCT 140. Professional misconduct 141. Inducing professional misconduct and withholding services MANDATORY NOTICE OF PROFESSIONAL MISCONDUCT 142. Duty to provide notice to Complaints Director INVESTIGATIONS 143. Investigation by chief of police DISCIPLINARY MEASURES 144. Suspension, forfeit of pay, reprimands, etc. 145. Procedure and hearings 146. Termination of employment or demotion 147.

Appeal to Divisional Court LIMITATION ON INVESTIGATIONS AND DISCIPLINE 148. Limitation on investigations, discipline 149. Implementation of informal resolution agreement SUSPENSION 150. Suspension with pay 151. Suspension without pay 152. Powers on suspension DISMISSAL OF PROBATIONARY POLICE OFFICERS 153. Termination of employment during probationary period MISCELLANEOUS 154. Application of Statutory Powers Procedure Act 155. Reports of chief of police 156. Police officer not required to give evidence TRANSITION 157. Transition

PART X LABOUR RELATIONS DEFINITION AND APPLICATION 158. Definition,

Part X 159. ExclusionsNon-employees of police service boards POLICE ASSOCIATIONS 159.1 Duty of fair representation MEMBERSHIP AND STATUS 160. Membership in trade union prohibited, exception 161. Dispute re person’s status BARGAINING AND ARBITRATION 162. Separate bargaining, etc., separate categories 163. Notice of desire to bargain 164. Bargaining committee 165. Appointment of conciliation officer 166. Arbitration 167. Dispute, appointment of conciliation officer 168. Arbitration after conciliation fails 169. Extension of time 170. Restriction 171. Non-application of Arbitration Act, 1991 172.

Agreements, decisions and awards binding 173. Duration of agreements, decisions and awards 174. Provision for expenditures 175. Transition; continuation of proceedings INQUIRIES 175.1 Inquiry, alleged contravention ONTARIO POLICE ARBITRATION COMMISSION 176. Composition of Arbitration Commission, etc.

PART XI TRANSFER OF ASSETS BETWEEN PENSION PLANS 177.

Interpretation 178. Agreement governing transfers 179. Duty to file agreement 180. Eligibility of police service employees 181. Employee’s consent to transfer of assets

PART XII COURT SECURITY 182. Court security 183. Powers of person providing court security 184. Offences 185. Powers not affected 186. Privilege preserved

PART XIII COMMUNITY SAFETY AND WELL-BEING PLANS PREPARATION AND ADOPTION 187. Municipal community safety and well-being plan 188. First Nation community safety and well-being plan 189. Preparation of plan by municipal council 190. Content of community safety and well-being plan 191. Publication of community safety and well-being plan 192. Implementation of community safety and well-being plan REPORTING AND REVISION 193. Monitoring, evaluating and reporting 194. Revision by municipality MISCELLANEOUS 195. Information to Minister 196. Community safety and well-being planner

PART XIV REGULATIONS AND MISCELLANEOUS 197. Property in possession of police service 198. Money 199. Firearms 200. Regulations 201. Crown bound

PART XV AMENDMENTS AND REPEAL 201.1 Self-amendment 202. Amendment to Police Services Act 203. Repeal of Police Services Act

PART XVI COMMENCEMENT AND

SHORT TITLE 204. Commencement 205.

Short title

PART I PRINCIPLES AND

INTERPRETATION Declaration of principles 1 Policing shall be provided throughout Ontario in accordance with the following principles: 1. The need to ensure the safety and security of all persons and property in Ontario, including on First Nation territories First Nation reserves. 2. The importance of safeguarding the funda mental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code. 3. The need for co-operation between policing providers and the communities they serve. 4. The importance of respect for victims of crime and understanding of their needs. 5.

The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society. 6. The need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities. 7. The need to ensure that police services and police service boards are representative of the communities they serve.

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

Interpretation 2

(1) In this Act, “adequate and effective policing” has the meaning set out in subsection 11 (1); (“services policiers convenables et efficaces”) “Advisory Council” means the Ontario Provincial Police Governance Advisory Council established under subsection 72 (1); (“Conseil consultatif”) “Arbitration Commission” means the Ontario Police Arbitration Commission continued by subsection 176 (1); (“Commission d’arbitrage”) “authorized policing provider” means a police service board, the Commissioner or a prescribed entity that has a written agreement under

section 14 to provide a policing function in an area; (“prestataire de services policiers autorisé”) “auxiliary member” means a member of a police service appointed under

section 118; (“membre auxiliaire”) “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “chief of police” means a chief of police of a police service maintained by a police service board or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”) “civilian position” means, (

a) in the case of the Ontario Provincial Police, a position normal ly performed by a member of the civilian employees’ bargaining unit referred to in paragraph 2 of subsection 2 (1) of the Ontario Provincial Police Collective Bargaining Act, 2006, or (

b) in the case of any other police service, a position normally performed by a member of the police service who is not a police officer; (“poste civil”) “Commissioner” means the Commissioner of the Ontario Provincial Police appointed under subsection 56 (1), and includes an acting Commissioner; (“commissaire”) “community safety and well -being plan” means a community safety and well -being plan described in

section 190; (“plan de sécurité et de bien-être communautaires”) “Complaints Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act , 2018 ; (“directeur des plaintes”) “de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, ei ther alone or with other information, to identify the individual; (“anonymiser”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “First Nation board” means a board constituted under

section 32; (“commission de Première Nation”) “First Nation Officer” means a person appointed under

section 128 as a First Nation Officer; (“agent de Première Nation”) “First Nation O.P.P. board” means a board constituted under

section 77; (“conseil de Première Nation sur la Police provinciale”) “First Nation territory” means a reserve as defined in the Indian Act (Canada); (“territoire de Première Nation”) “First Nation reserve” means a reserve as defined in the Indian Act (Canada); (“réserve de Première Nation”) “for-profit entity” means a corporation incorporated under the Business Corporations Act or the

Canada Business Corporations Act or any other prescribed entity; (“entité à but lucratif”) “Inspector General” means the Inspector General of Policing appointed under subsection 79 (1); (“inspecteur général”) “local commander” means a chief of police of a police service or a commander of a detachment, or his or her designate; (“commandant local”) “member of a police service” means, (

a) a member of the Ontario Provincial Police, (

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

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

d) an auxiliary member of a police service, or

8 (

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

a) the Commissioner, (

b) a person employed under

Part III of the Public Service of On tario Act, 2006 who is under the direction of the Commissioner, or (

c) an auxiliary member of the Ontario Provincial Police; (“membre de la Police provinciale de l’Ontario”) “Minister” means the Minister of Community Safety and Correctional Services or s uch other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “municipal board” means a board constituted by a municipa l council or councils under

section 22, 2 3, 2 4 or 2 5; (“commission municipale”) “O.P.P. detachment board” means a board referred to in

section 67; (“conseil de détachement de la Police provinciale”) “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act ; (“renseignements personnels”) “police association” means an association, other than a trade union, whose members belong to one police service and whose objects include the improvement of their working conditions and remuneration; (“association de policiers”) “police association” means, (

a) the Ontario Provincial Police Association, or (

b) an association, other than a trade union, whose members are employees of a police service board who are members of the police service maintained by the police service board; (“association de policiers”) “police officer” means a member of a police service who is appointed as a police officer or a person who is appointed as a police officer under the Interprovincial Policing Act, 2009 and, for greater certainty, does not include a special constable, a First Nation Officer, a municipal by -law enforcement officer, a police cadet or an auxiliary member of a police service; (“agent de police”) “police record check” means a se arch to be conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual; (“vérification de dossier de police”) “police service” means the Ontario Provincial Police or a police service maintained by a police service board; (“service de police”) “police service board” means, (

a) a municipal board, or (

b) a First Nation board; (“commission de service de police”) “policing function” means a function listed in subsection 11 (1) or a part of one of those functions; (“fonction policière”) “prescribed” means prescribed by the regulations; (“prescrit”) “prescribed policing provider” means an entity that has been prescribed to provide a policing function in an area in accordance with

section 12; (“prestataire de services policiers prescrit”) “prescribed policing provider” means a public sector body that is an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act and that is prescribed to provide a policing function in an area in accordance with

section 12; (“prestataire de services policiers prescrit”) “professional misconduct” means professional misconduct as set out in

section 140; (“faute professionnelle”) “public sector body” means, (

a) a Ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof, (

b) a municipality, (

c) a local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, (

d) a municipally-controlled corporation as defined in

section 223.1 of the Municipal Act, 2001, and

9 (

e) a city -controlled corporation as defined in

section 156 of the City of Toronto Act, 2006 ; (“organisme du secteur public”) “regulations” means the regulations made under this Act; (“règlements”) “research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”) “research ethics board” means a board of persons that is established for the purpose of approving research plans under

section 6 and that meets the prescribed requirements; (“commission d’éthique de la recherche”) “SIU Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act, 2018; (“directeur de l’UES”) “special constable” means a person appointed as a special constable under

section 119; (“agent spécial”) “special constable employer” means a person authorized to employ special constables under

section 124; (“employeur d’agents spéciaux”) “specialized policing function” means a policing function that requires specialized training or equipment in order to be provided; (“fonction policière spécialisée”) “spouse” means, (

a) a spouse as defined in

section 1 of the Family Law Act, or (

b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”) “trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”) “Tribunal” means the Ontario Policing Discipline Tribunal; (“Tribunal”) “workplace misconduct” means conduct of a police officer or special constable that is contrary to the officer’s or constable’ s terms and conditions of employment or contrary to commonly accepted workplace standards; (“inconduite au travail”) “youth crime” means offences, within the meaning of the Youth Criminal Justice Act (Canada), committed by a person while they were a young person within the meaning of that Act. (“délinquance juvénile”) Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a specific police service

(2) For the purposes of sections 116 and 19 7 to 19 9 of this Act,

section 25.1 of the Criminal Code (Canada) and any designation of a police force made by the Minister under

section 2 of the Controlled Dr ugs and Substances Act (Police Enforcement) Regulations (Canada), a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be, (

a) a member of the Ontario Provincial Police; (

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

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

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

a) a single-tier municipality; (

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

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

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

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

(5) Nothing in this Act, other than the provisions of

Part IX that specifically refer to a hearing, shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act.

PART II MINISTER’S DUTIES AND POWERS DUTIES Minister’s general duties 3

(1) The Minister shall, (

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

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

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

i) the effectiveness, efficiency, sustainability and legitimacy of different methods of providing policing, and , (ii) compliance with the Canadian Charter of Rights and Freedoms and the Human Rights Code; (

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

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

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

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

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

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

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

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

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

l) operate the Ontario Police College; and (

m) perform such other duties as are assigned to him or her by or under this Act. Ontario Police College continued

(2) The police college known as the Ontario Police Colle ge in English and the Collège de police de l’Ontario in French is continued for the provision of training with respect to policing. INFORMATION Information to Minister in accordance with regulations 4

(1) Police service boards, chiefs of police, special c onstable employers, prescribed policing providers and administrators appointed under

section 102 shall provide the Minister with prescribed information related to the discharge of the Minister’s duties under subsection 3 (1) at the frequency and in the manner set out in the regulations. Information to Minister on request

(2) Police service boards, chiefs of police, special constable employers, prescribed policing providers and administrators appointed under

section 102 shall provide the Minister with such information as he or she may request from time to time. Time to comply

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

11 Chief of police may decline

(4) A chief of police may decline to provide information under this

section if authorized to do so by the regulations. Personal information 5

(1) The Minister may collect personal information under subsection 4 (1) subsection 4 (1) or (2) , directly or indirectl y, only if the collection is necessary for the purpose of discharging the Minister’s duties under clause 3 (1) (b), (d), (f), (

g) or (i). Other information serves purpose

(2) The Minister shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use. Personal information limited to what is reasonably necessary

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

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

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

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

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

i) to protect the privacy of the individuals whose personal information the Minister collects, and to maintain the confidentiality of the information, and (ii) that are approved by the Information and Privacy Commissioner. De-identification

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

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

b) de-identify the personal information. No other uses and disclosures permitted

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

section or

section 6 or as required by law. Limitation on application (8) Subsections (5) , (6) and ( 7) do not apply with respect to personal information collected under subsection (1) for the purpose of discharging the Minister’s duties under clause 3 (1) (g). Link

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

(10) The Minister shall take reasonable measures to secure the personal information collected under subsection (1). Notice required by s. 39 (2) of FIPPA

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

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

b) any other method that may be prescribed.

12 Rights of access and correction

(12) Nothing in this

section limits the right of an individual under any Act to access and correct personal information about the individual. Disclosure for research purpose 6

(1) This

section applies with respect to the di sclosure for a research purpose of personal information collected by the Minister under

section 5. Circumstances for disclosing personal information

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

a) submits to the Minister, (

i) an application in writing, (ii) a research plan that meets the requirements of subsection (3), and (iii) a copy of the decision of a research ethics board that approves the research plan; and (

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

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

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

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

c) any other prescribed matters related to the research. Consideration by board

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

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

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

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

d) whether obtaining the consent of the individuals whose personal information is being di sclosed would be impractical. Decision of board

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

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

section shall, (

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

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

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

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

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

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

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

h) comply with the prescribed requirements.

13 Information and Privacy Commissioner’s review of practices 7

(1) The Information and Privacy Commissioner, (

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

b) shall review the practices and procedures referred to in clause 5 (5) (

b) every three years after they are first approved under subclause 5 (5) (b) (ii) and, after the review, the Commissioner may renew the approval. Duty to assist

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

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

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

(5) If, after giving the Minister an opportunity to be heard, the Information and Privacy Commissioner determines that a practice contravenes

section 5 or 6 the Information and Privacy Commissioner may order the Minister to do any of the following: 1. Discontinue the practice. 2. Change the practice as specified by the Information and Privacy Commissioner. 3. Destroy personal information collected or retained under the practice. 4. Implement a new practice as specified by the Information and Privacy Commissioner. Limit on certain orders

(6) The Information and Privacy Commissioner may order, under paragraph 2 or 4 of subsection (5), no more than what is reasonably necessary to achieve compliance with sections 5 and 6. Offence 8

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

(1) No person shall, (

a) wilfully use or disclose personal information in contravention of subsection 5 (7); or (

b) wilfully fail to comply with an order made by the Information and Privacy Commissioner under paragraph 1 or 3 of subsection 7 (5). Penalty

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

(2) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable, (

a) in the case of a first offence, to a fine of not more than $25,000; or (

b) in the case of a second or subsequent offence, to a fine of not more than $50,000. Review of information provisions 9

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

14 Consultation with Information and Privacy Commissioner

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

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

PART III PROVISION OF POLICING RESPONSIBILITY FOR PROVIDING POLICING Policing responsibility 10

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

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

Part IV. First Nation board policing responsibility

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

section 32 constituting the board. Commissioner policing responsibility

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

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

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

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

a) the Commissioner provided policing to the First Nation under the Police Services Act immediately before the da y this

section came into force; and (

b) no agreement has been made under

section 27 to assign policing responsibility for the territory to a municipal board. Transition

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

a) the Commissioner provided policing to the First Nation under the Police Services Act immediately before the day this

section came into force; and (

b) no agreement has been made under

section 27 to assign policing responsibility for the reserve to a municipal board. Adequate and effective policing 11

(1) Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations and provided in accordance with the standards set out in the regulations, including the standards with respect to the avoidance of conflicts of interest, and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code: 1. Crime prevention. 2. Law enforcement. 3. Maintaining the public peace. 4. Emergency response.

15 5. Assistance to victims of crime. 6. Any other prescribed policing functions. Does not include enforcement of by-laws

(2) Adequate and effective policing does not include the enforcement of municipal or First Nation by -laws, other than prescribed by-laws. Exceeding standards

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

(4) If First Nation Officers provide a policing function under an agreement between the Minister and a First Nation in an area for which a police service board or the Commissioner has policing responsibility, the police service board or the Commissioner is not responsible for providing that function to the extent that it is provided by the First Nation Officers. Prescribed policing provider 12

(0.1) The regulations may provide that a prescribed policing provider shall provide policing functions in an area that, (

a) are not among the primary duties of a constable at common law; or (

b) are specialized policing functions. Provision by prescribed policing providers 12

(1) The following rules apply if the regulations provide that a prescribed policing provider shall provide a policing function in an area: 1. The prescribed policing provider shall provide the policing function in the area in accordance with the standards for adequate and effective policing. 2.

The police service board, or the Commissioner, that has policing responsibility for the area, i. is not responsible for providing the policing function in the area, ii. shall not provide the policing function in the area if the regulations so provide, and iii. shall cooperate with the prescribed policing provider to enable it to perform the policing function in the area in accordance with the standards for adequate and effective policing. USE OF PERSONNEL Members of police service must provide certain functions 13

(1) A police service board must use members of the police service maintained by the police service boar d, or persons acting under the direction of those members or persons who are assisting those members while acting under their direction , to provide policing functions, unless the regulations provide otherwise. Same

(2) The Commissioner must use members of the Ontario Provincial Police, or persons acting under the direction of those members or persons who are assisting those members while acting under their direction , to provide policing functions, unless the regulations provide otherwise. Provision by authorized policing providers 14

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

(1) Subject to subsections (1.1), (2) and (3), if the regulations provide that a policing function does not have to be provided by members of a police service or persons who are assisting those members while acting under their direction , a police service board, or the Commissioner, may, in accordance with the regulations , enter into a written agreement with another police service board, the Commissioner or a prescribed entity to have them provide the po licing function in an area for which the board or the Commissioner has policing responsibility.

16 Inspector General’s approval

(1.1) An agreement under subsection (1) with a prescribed entity may be made only if the Inspector General approves the agreement after determining that, (

a) the agreement would not be contrary to the interests of public safety; and (

b) the policing provided will meet the standards for adequate and effective policing. Provision by First Nation Officers

(2) Despite

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

(3) An agreement under subsection (1) shall not be made with a prescribed policing provider who is a for -profit entity unless the entity is to provide one of the following policing functions: 1. Crime prevention. 2. An investigative support related to law enforcement, including, without limiting the generality of the foregoing, i. crime scene analysis, ii. forensic identification, iii. canine tracking and searches, iv. technical collision investigation and reconstruction, v. breath analysis, vi. physical surveillance, vii. interception of private communications, within the meaning of

Part VI of the Criminal Code (Canada), viii. video and photographic surveillance, and ix. polygraph and behavioural science. 3. Explosives disposal in relation to emergency response. 4. Assistance to victims of crime. Restriction

(3) An agreement under subsection (1) shall not be made with a prescribed entity who is a for -profit entity unless the entity is to provide one of the following policing functions: 1. Crime prevention. 2. Investigative supports related to law enforcement, including supports in the areas of, i. crime scene analysis, ii. forensic identification, iii. canine tracking, iv. technical collision investigation and reconstruction, v. breath analysis, vi. physical surveillance, vii. electronic interception, viii. video and photographic surveillance, and ix. polygraph and behavioural science. 3.

Explosives disposal in areas where explosive disposal technicians would not otherwise be reasonably available to provide this policing function. 4. Assistance to victims of crime.

17 Definition of for-profit entity

(4) In subsection (3), “for-profit entity” means a corporation incorporated under the Business Corporations Act or the Canada Busin ess Corporations Act or any other prescribed entity. Minister’s approval required

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

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

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

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

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

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

e) address any other prescribed matter. Same

(6.1) If an agreement under subsection (1) is with a prescribed entity that is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protec tion of Privacy Act, it must also address, (

a) access to the records of the entity for the purpose of discharging the obligations of the police service board or Ministry in relation to subsection (9); and (

b) the protection of personal information in th e custody or control of the entity that is related to the provision of policing functions under the agreement. Copy to Inspector General

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

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

(9) If an entity that is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act is prescribed for the purposes of this section, the entity’s records relating to the provision of policing functions pursuant to an agreement made under subsection (1) are, for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Fr eedom of Information and Protection of Privacy Act, as applicable, deemed to be in the custody and control of, (

a) the police service board, in the case of an agreement with a police service board; or (

b) the Ministry, in the case of an agreement with the Commissioner. Non-application (10) Subsections (6.1) and (9) do not apply to an entity if subsection 124 (9) applies to the entity. Use of personnel who are not peace officers 15

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

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

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

c) the regulations prohibit the provision of the policing function by persons who are not police officers. Personnel to meet prescribed qualifications

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

18 SPECIAL AREAS Special areas, provision of policing by Commissioner 16

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

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

(3) If the person who ope rates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Commissioner or police service board that has policing responsibility for the area shall provide adequate and effective policing in the area and charge the policing costs to the person. Recovery of costs (4) Subsections 19 (8) to (11) apply with necessary modifications to the charges referred to in subsection (3) of this section. ADDITIONAL SERVICES AND EXTRA POLICING Additional services 17

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

(2) The Minister may enter into a written agreement with a municipal council or with any other person to have the Commissioner provide policing that is not required as a component of adequate and effective policing, or to provide other specified services, in the area. Extra policing cost 18

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

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

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

(2) The police service board or the Minister may enter into an agreement with the person referred to in subsection (1) to recover the increase in the cost of providing adequate and effective policing. No agreement as to cost

(3) If no agreement has been entered into with respect to the cost of the services provided, subsections 19 (8) to (11) apply with necessary modifications to the recovery of the increase in the cost of providing adequate and effective po licing. TEMPORARY ASSISTANCE AND EMERGENCIES Request for temporary assistance 19

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

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

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

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

19 (

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

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

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

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

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

(6) The following rules apply to requests for temporary or emergency assistance made under this section: 1. If the request is made to the Commissioner, he or she shall provide such temporary or emergency assistance as he or she considers necessary and shall stop providing the assistance when he or she considers it appropriate to do so. 2.

If the request is made to a police service board, a chief of police other than the Commissioner or an entity that employs First Nation Officers, the board, chief or entity may, i. decline to provide the assistance, or ii. provide such temporary or emergency assistance as he, she or it considers necessary and stop providing the assistance when he, she or it considers it appropriate to do so. May include policing functions

(7) Despite

section 13, temporary or emergency assistance provided under this

section may include the provision of policing functions. Cost, police service board or entity

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

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

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

(11) Section 65 applies to the cost of temporary or emergency assistance provided by the Commissioner. Cost, chief of police request (12) Subsections (8) to (11) apply to a request by a chief of police, other than the Commissioner, for emergency assistance under subsection (5) as if the request was made by the chief’s police service board. Inspector General powers 20

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

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

20 1. If the order is made to the Commissioner, he or she shall provide policing in the area until the Inspector General determines otherwise. 2. If the order is made to a police service board, the board may, i. decline to provide the policing, or ii. provide policing in the area as it considers necessary and stop providing the policing when it considers it appropriate to do so. Cost

(3) If a police service board, or the Commissioner, is ordered by the Inspecto r General to provide policing in an area under this section, the cost of the policing may be charged to the police service board, or the Commissioner, that failed to provid e the policing, and subsections 19 (8) to (11) apply with necessary modifications to the recovery of the cost of the policing. Emergencies 21

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

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

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

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

(5) Subject to

section 33 of the National Defence Act (Canada), while an agreement m ade under this

section is in force, no member of a police service that has policing responsibility for the area to which the agreement relates shall resign without the consent of the chief of police.

PART IV MUNICIPAL POLICING AND POLICE SERVICE BOARDS METHODS OF PROVIDING MUNICIPAL POLICING Methods of providing municipal policing 22

(1) Subject to subsection (2), every municipal council may, with the approval of the Minister, do one of the following: 1. Constitute a municipal board to have policing responsibility for the municipality. 2. Enter into a written agreement under

section 23 with one or more other municipal councils to amalgamate their police services and jointly constitute a municipal board to have policing responsibility for the municipalitie s. 3. Enter into a written agreement under

section 24 with one or more other municipal councils to jointly constitute a municipal board to have policing responsibility for the municipalities. 4. Enter into a written agreement under

section 26 with another municipal council to have that municipal council’s board assume policing responsibility for the municipality. 5. Enter into a written agreement with a First Nation board to have the board assume policing responsibility for the municipality by requesting an amendment to the regulation that constituted the board under

section 32. Same — different methods in one municipality

(2) In the circumstances listed in subsection (3) and with the Minister’s approval, the municipal council may allow policing to be provided in more than one way in different areas of the municipality by doing either or both of the following: 1. Providing policing in different ways in different areas by doing more than one of the actions listed in subsection (1). 2. Entering into an agreement with the Minister to have the Commissioner assume policing responsibility for the area. Circumstances (3) Subsection (2) applies if,

21 (

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

b) policing has historically been provided to one or more discrete areas of the municipality in a manner t hat is different from the manner policing is provided in the rest of the municipality, and the split will continue that historic difference. Only one municipal board to be constituted (4) Subsection (2) does not permit a municipal council to constitute or jointly constitute more than one municipal board. Criteria for Minister’s approval

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

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

b) any prescribed requirements are satisfied. Same, non-contiguous areas

(5.1) If the arrangement to provide policing under subsection (1) or (2) involves the d elivery of policing by one police service board to two or more areas that are not contiguous, the Minister shall ensure that the effect, if any, of the areas n ot being contiguous is considered while making the determination described in clause (5) (a). Maintaining police service

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

(7) The area for which a municipal board has policing re sponsibility is subject to the areas of policing responsibility of First Nation boards and to agreements made under

section 27 or 76. Transition

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

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

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

(9) Despite subsection (2), if policing was provided in different manners in discrete areas of the municipality in accordance with the Police Services Act immediately before the day subsection (2) came into force, policing may continue to be provided in those manners without the Minister’s approval. Amalgamation of police services 23

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

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

(3) The agreement must specify, (

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

i) whether the board will be composed of five, seven or nine members, (ii) which municipal council shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (

a) or (6) (a), and (iii) which municipal council shall appoint the members of the board under clause 31 (4) (b), (5) (

b) or (6) (

b) or how those appointments shall be allocated among the councils; (

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

22 (

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

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

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

f) any other matter that is necessary or advisable to effect the amalgamation. Exception, appointments

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

(5) Subject to the regulations, the provisions of this Act that apply to municipal boards apply, with necessary modifications, to joint municipal boards constituted under this section. Agreement to jointly constitute municipal board 24

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

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

(3) The agreement must specify, (

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

i) whether the board will be composed of five, seven or nine members, (ii) which municipal council shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (

a) or (6) (a), and (iii) which municipal council shall appoint the members of the board under clause 31 (4) (b), (5) (

b) or (6) (

b) or how those appointments shall be allocated among the councils; (

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

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

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

(4) Subject to the regulations, the provisions of this Act that apply to m unicipal boards apply, with necessary modifications, to joint municipal boards constituted under this section. Other municipal boards Application 25

(1) This

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

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

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

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

23 Agreements for provision of policing between municipalities 26

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

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

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

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

(5) No action or other proceeding for damages shall be instituted against a person selected to advise another municipality’s board for any a ct done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act or for any alleged omission in the execution in good faith of that duty or power. Agreement with First Nation to provide policing 27

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

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

(3) When the agreement comes into effect, (

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

b) any other entity that previously had policing responsibility for the area no longer has that responsibility. MUNICIPAL DIVERSITY PLANS Diversity plan 28

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

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

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

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

(5) A municipal council’s first diversity plan under subsection (1) shall be approved before the later of, (a) 12 months after the day this

section comes into force; and (b) 12 months after the municipal council constitutes its municipal board. Promotion by municipal council 29

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

24 Promotion by Minister

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

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

(4) In this section, “public appointment” means an appointment by the Lieutenant Governor in Council or the Minister, and “public appointee” has a corresponding meaning. Dissolution of municipal board 30

(1) A municipality that maintains a municipal board may, with the approval of the Minister, dissolve the board. Criteria for Minister’s approval

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

(3) The Minister may ask the Inspector General to investigate a municipality and report o n whether appropriate arrangements have been made for the provision of adequate and effective policing in the affected area if the municipal board is dissolved. MUNICIPAL BOARDS Municipal boards Name 31

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

(2) The municipal board shall be composed of five members unless the municipal council passes a resol ution to change the number

Document details

Collection	Ontario — Bills
Citation	Bill 175, 41-2
Type	bill
Volume / chapter	p41 s2 bill 175 bill text 41 2 en b175rep e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	2f409beb9d4116a71a1baeeef31401061544b01b

Source file is stored in the law ingest library (json).