Police Services Amendment Act (Independent Police Complaints Commissioner), 2003 Hampton, Howard — Bill 62 (37th Parliament, 4th Session)

Bill 62, 37-4

Ontario — Bills

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Bill 62, Police Services Amendment Act (Independent Police Complaints Commissioner), 2003

Hampton, Howard

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[37] Bill 62 Original (PDF)

Bill 62 2003

An Act to amend the

Police Services Act with respect to

the disciplining of police officers

and to reinstate a fair and impartial

process with respect to public

complaints about police officers

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Part V (sections 56 to 80) of the Police

Services Act is repealed.

2. The Act is amended by adding Parts V and VI of the

Act, as they existed immediately before November 27, 1997, except

that,

(

a) all references to the Ontario Court (General Division) shall

be read as references to the Superior Court of Justice;

(

b) all references to the Treasurer of Ontario shall be read as

references to the Minister of Finance.

3. The Act is amended by adding the following

section

immediately before

Part VII:

Transition

112.1

(1) Subject to subsection

(2) and the regulations, all proceedings with respect to complaints that were

made before the day this

section comes into force shall be taken up and

continued,

(

a) under

Part V so far as consistently may be, if they relate to

disciplinary matters; or

(

b) under

Part VI so far as consistently may be, if they relate to public

complaints.

Hearings

(2) A hearing that, before the day this

section comes into

force, commenced but is not concluded under

Part V of the Act, as it read

immediately before that day, may proceed to its conclusion and

Part V of the

Act, as it read immediately before that day, continues to apply to the

hearing.

(1) Paragraphs 24 and 25 of subsection

135 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997,

chapter

section 40, are repealed and the following substituted:

24. providing for the payment of fees and expenses to witnesses at

hearings conducted under

Part V or VI;

25. prescribing procedures for the investigation of complaints under

Part

VI;

(2) Subsection 135 (1) of the Act, as amended by the

Statutes of Ontario, 1995,

chapter 4,

section 4, 1997,

chapter 8,

section 40

and 1997,

chapter 17,

section 10, is amended by adding the following

paragraphs:

26. assigning further duties to the Police Complaints Commissioner;

26.1 governing transitional matters necessary to facilitate the

re-enactment of Parts V and VI by

section 2 of the Police Services

Amendment Act (Independent Police Complaints Commissioner), 2003 ;

Commencement

5. This Act comes into force on the day it receives

Royal Assent.

Short title

6. The

short title of this Act is the Police

Services Amendment Act (Independent Police Complaints Commissioner),

2003 .

EXPLANATORY NOTE

The Bill amends the Police

Services Act to require an independent Police Complaints Commissioner

appointed by the Lieutenant Governor in Council to deal with complaints by

members of the public about the conduct of police officers. The Commissioner

is independent of police forces and reports annually to the Attorney General.

Any member of the public may make a complaint,

whereas at present, a member

of the public may make a complaint only if directly affected by the

subject-matter of the complaint.

The Bill also amends the Act to

reinstate the process for disciplining police officers that existed before

the repeal of

Part V of the Act as of November 27, 1997.

Date Bill stage Activity Committee

May 27, 2003

First Reading

Carried

Debates and Progress

First Reading

May

27, 2003

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 62, 37-4
Type	bill
Volume / chapter	p37 s4 bill 62 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	45c639694fb4006efd8860e2519718b5c67fdb4b

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