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Bill 102, Strengthening Safety and Modernizing Justice Act, 2023

Kerzner, Hon. Michael S. Solicitor General

Royal Assent received. Statutes of Ontario 2023,

chapter 12

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Bill 102 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 102 and does not form part of the law.

Bill 102 has been enacted as

Chapter 12 of the Statutes of Ontario, 2023.

SCHEDULE 1

COMMUNITY SAFETY AND POLICING ACT, 2019

The

Schedule amends the Community Safety and Policing Act,

2019 with respect to various matters. The amendments include the

following:

Section

5 of the Act is amended to require the Minister to comply with any prescribed

requirements regarding the de-identification and linking of personal

information collected under subsection 4 (1) or (2) of the Act. A similar

requirement is added to

section 105 of the Act in respect of the Inspector

General regarding personal information collected under subsection 104 (1) or

(2) of the Act.

2. The

Schedule repeals

section 72 of the Act, which provides for the establishment of

the Ontario Provincial Police Governance Advisory Council. All references to

the Advisory Council are removed from the Act.

3. A

chief of police may be required to postpone or suspend the commencement of an

investigation under

section 81 of the Act if advised to do so by a Crown

Attorney or prosecutor, to avoid interfering with a prosecution.

4. The

Schedule amends clause 83 (1) (

f) of the Act to provide that a secondary school

diploma or equivalent is sufficient education for the purposes of being

appointed as a police officer. Currently, a secondary school diploma is

sufficient only if any additional prescribed criteria have been satisfied.

5. The

Inspector General is required, when determining whether to impose a measure

under subsection 126 (1) of the Act, to consider whether any lesser measure

available in the circumstances would remedy the non-compliance.

Housekeeping

amendments are also made to the Act and to various other Acts, including the Missing Persons Act, 2018 , the Pay

Transparency Act, 2018 and the Workplace Safety and

Insurance Act, 1997 .

SCHEDULE 2

CORONERS ACT

Clause

56 (1) (

g) of the Coroners Act currently authorizes

the Lieutenant Governor in Council to make regulations governing the retention , storage and disposal of tissue samples,

implanted devices and body fluids obtained in performing a post mortem examination of a body or conducting

examinations or analyses under

section 28. The

Schedule amends the Act to

expand this regulation-making authority as follows:

Whereas the current authority refers only

to retention, storage and disposal, the re-enacted provision also refers to

collection.

Whereas

the current authority refers to tissue samples, implanted devices and body

fluids obtained in performing examinations or analyses, the re-enacted

provision refers to these items obtained from a body that is the subject of

examinations or analyses but does not limit the items to those obtained in the

course of such examinations or analyses.

The

amendments provide that the regulation may be in respect of tissue samples or

body fluids that are collected, retained or stored for the purpose of enabling

genetic analysis.

SCHEDULE 3

COURTS OF JUSTICE ACT

The

Schedule amends

section 23 of the Courts of Justice Act

to provide that an action that is within the Small Claims Court’s jurisdiction

shall not be commenced in the Superior Court of Justice except with the

latter’s leave.

The

Schedule also amends the Act to prohibit a

person from being appointed as a provincial judge unless the person undertakes

to participate in courses designated for newly appointed judges by the Chief

Justice of the Ontario Court of Justice. The Chief Justice is authorized to

establish courses for newly appointed judges and for the continuing education

of judges, including courses respecting the following: sexual assault law;

intimate partner violence; coercive control in intimate partner and family

relationships; and social context, which includes systemic racism and systemic

discrimination. The Chief Justice is required to submit a report to the

Attorney General respecting courses on these topics.

SCHEDULE 4

FIRE PROTECTION AND PREVENTION ACT, 1997

The

Schedule makes various amendments to the Fire Protection

and Prevention Act, 1997 , including amendments that authorize the

Lieutenant Governor in Council to appoint more than one Deputy Fire Marshal.

Other amendments include the repeal of the requirement that three members of

the Fire Safety Commission constitute a quorum. Instead, the chair or

vice-chair of the Commission may appoint a panel consisting of one or more

members of the Commission.

SCHEDULE 5

JUSTICES OF THE PEACE ACT

The

Schedule amends the Justices of the Peace Act to

prohibit a person from being appointed as a justice of the peace unless the

person undertakes to participate in courses designated for newly appointed

justices of the peace by the Associate Chief Justice Co-ordinator of

Justices of the Peace.

The

Associate

Chief Justice Co-ordinator of Justices of the Peace is authorized to

establish courses for newly appointed justices of the peace and for the

continuing education of justices of the peace, including courses respecting the

following: sexual assault law; intimate partner violence; coercive control in

intimate partner and family relationships; and social context, which includes

systemic racism and systemic discrimination. The Associate Chief Justice

Co-ordinator of Justices of the Peace is required to submit a report to the Attorney

General respecting courses on these topics.

SCHEDULE 6

PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019

The

Schedule amends the Provincial Animal Welfare Services

Act, 2019 with respect to various matters, including the following:

1. The

Act currently includes provisions (sections 28 and 29) that authorize an animal

welfare inspector to enter and search a place in circumstances where the

inspector has reasonable grounds to believe that an animal is in distress or

critical distress in the place. The

Schedule amends these provisions to provide

that the purpose of such an entry and search is to determine whether to

exercise powers under sections 30 to 33.

2. New

provisions are added to the Act to impose requirements on the owner or

custodian of an animal that is the subject of an order under

section 30. If

there is a transfer of ownership or a transfer of ongoing custody, the former

owner or custodian must collect prescribed contact information from the new

owner or custodian and immediately provide written notice to an animal welfare

inspector.

Section

33 of the Act is re-enacted to expand the authority of an animal welfare

inspector who is lawfully in any place and who finds an animal in distress.

Whereas the current provision authorizes the inspector to supply the animal

with necessaries to relieve its distress, the re-enacted provision authorizes

the inspector to take any reasonable steps to relieve the animal’s distress.

4. Amendments

are made to

section 35 of the Act with respect to statements of account.

Currently, this

section of the Act authorizes the service of a statement of

account on the owner or custodian of an animal where an animal welfare

inspector has provided the animal with necessaries to relieve its distress. The

statement of account is limited to the cost of necessaries. The amended

provision authorizes the service of a statement of account in a broader range

of circumstances, including where an animal welfare inspector has taken steps

to relieve the animal’s distress or has removed the animal from a place. The

costs may include any costs in relation to the animal if incurred in relation

to the specified circumstances. Amendments also provide that the unpaid amount of

a statement of account is a debt due to the Crown.

SCHEDULE 7

PROVINCIAL OFFENCES ACT

Subsection

141 (2) of the Provincial Offences Act is amended

so that if a notice under

section 140 of the Act in respect of an application

for relief in the nature of certiorari is served on the person making the

decision, order or warrant or holding the proceeding giving rise to the

application, it is the clerk of the court and not that person who is required

to ensure that all related materials are filed with the Superior Court of

Justice for the purposes of the application.

Bill 102 2023

Act to amend various Acts relating to the justice system, fire protection and

prevention and animal welfare

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Community

Safety and Policing Act, 2019

Schedule 2

Coroners

Act

Schedule 3

Courts

of Justice Act

Schedule 4

Fire

Protection and Prevention Act, 1997

Schedule 5

Justices

of the Peace Act

Schedule 6

Provincial

Animal Welfare Services Act, 2019

Schedule 7

Provincial

Offences Act

His

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

(1) Except

as otherwise provided in this section, 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 Strengthening Safety and Modernizing Justice Act, 2023 .

SCHEDULE 1

COMMUNITY SAFETY AND POLICING ACT, 2019

(1) The definition of “Advisory

Council” in subsection 2 (1) of the Community Safety and

Policing Act, 2019 is repealed.

(2) The

French version of the definition of “de-identify” in subsection 2 (1) of the Act

is revoked and the following substituted:

«dépersonnaliser»

Relativement à des renseignements personnels concernant un particulier,

s’entend du fait d’en retirer les renseignements qui permettent de l’identifier

ou à l’égard desquels il est raisonnable de prévoir, dans les circonstances,

qu’ils pourraient servir, seuls ou avec d’autres, à l’identifier. («de-identify»)

(3) Clause

(

b) of the definition of “misconduct” in subsection 2 (1) of the Act is amended

by striking out “a First Nation O.P.P. board or the Advisory Council” and

substituting “or a First Nation O.P.P. board”.

(4) Subsection

2 (1) of the Act is amended by adding the following definition:

“former

member of a police service” includes any person who was appointed under the Police Services Act , as it read at the time, as an

auxiliary member of the police service; (“ancien membre d’un service de police”)

(5) The

definition of “research ethics board” in subsection 2 (1) of the Act is

repealed.

Subclause 3 (1) (l) (ii) of the Act is amended by striking out “First Nation

O.P.P. boards and the Advisory Council” and substituting “and First Nation

O.P.P. boards”.

3 Subsections 5 (5) to (9) of the Act are repealed

and the following substituted:

De-identification, linking

(5) The

Minister shall comply with any prescribed requirements regarding the

de-identification and linking of personal information collected under

subsection 4 (1) or (2).

Sections 6, 7 and 8 of the Act are repealed.

Subsection 9 (1) of the Act is amended by striking out “sections 5 to 8 and any

regulations relating to those sections” and substituting “section 5 and any

regulations relating to that section”.

(1) Subsection 10 (1) of the Act is amended by striking out “shall

provide adequate and effective policing” and substituting “shall ensure

adequate and effective policing is provided”.

(2) Subsection

10 (5) of the Act is amended by striking out “shall provide adequate and

effective policing” and substituting “shall ensure adequate and effective

policing is provided”.

Section 13 of the Act is amended by adding the following subsection:

Referral

(3) If

responsibility for providing a policing function in relation to a specific

investigation, vehicle pursuit, or other instance is referred to the chief of

police of a different police service or otherwise transferred to a member of a

different police service or to a police service board that maintains a

different police service, the following rules apply:

1. If

the different police service is the Ontario Provincial Police, the Commissioner

is responsible for complying with subsections (1) and (2).

2. If

the different police service is maintained by a police service board, the board

is responsible for complying with subsections (1) and (2).

Subsection 16 (3) of the Act is amended by striking out “shall provide adequate

and effective policing” and substituting “shall ensure adequate and effective

policing is provided”.

Section 17 of the Act is repealed and the following substituted:

Additional

services

(1) A

police service board may enter into a written agreement with a municipality or

with any other person to provide policing, or other specified services, that

would not otherwise be provided or be required to be provided by the police

service board.

Same

(2) The

Minister may enter into a written agreement with a municipality or with any

other person to have the Commissioner provide policing, or other specified

services, that would not otherwise be provided or be required to be provided by

the Commissioner.

Costs

(3) Section

65 applies to the cost of policing provided by the Commissioner in accordance

with an agreement under this section.

Section 18 of the Act is amended by adding the following subsection:

Costs

of agreement

(2.1) An

agreement under subsection (2) shall provide for the amount that the person

will be charged by the police service board or by the Minister under

section

Subsection 20 (1) of the Act is amended by striking out “provide policing in an

area” and substituting “ensure adequate and effective policing is provided in

an area”.

Subsection 25 (3) of the Act is amended by striking out “will provide adequate

and effective policing” and substituting “will ensure adequate and effective

policing is provided”.

Section 29 of the Act is repealed and the following substituted:

Promotion

of appointments by municipality

(1) If

the need to appoint a new member of a police service board by resolution of a

municipality is reasonably foreseeable, the municipality shall take reasonable

steps to promote the availability of the appointment, having regard to the need

to ensure that police service boards are representative of the communities they

serve.

Promotion

by Minister

(2) The

Minister shall take reasonable steps to promote the availability of public

appointments to police service boards, having regard to the need to ensure that

police service boards are representative of the communities they serve.

Definition

(3) In

this section,

“public

appointment” means an appointment by the Lieutenant Governor in Council or the

Minister.

Subsection 32 (1) of the Act is amended by striking out “to provide adequate

and effective policing” and substituting “to ensure that adequate and effective

policing is provided”.

Subsection 33 (8) of the Act is repealed and the following substituted:

Ministerial

recommendations

(8) The

Minister shall, in accordance with the regulations, make recommendations to the

Lieutenant Governor in Council regarding appointments to police service boards

that are made by the Lieutenant Governor in Council.

(1) Clause 37 (1) (

a) of the Act is amended by striking out “provide

adequate and effective policing” at the beginning and substituting “ensure that

adequate and effective policing is provided”.

(2) Clause

37 (1) (

j) of the Act is amended by striking out “owned” and substituting

“used”.

Paragraph 5 of subsection 39 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

(1) Subsection 40 (2) of the Act is repealed and the following

substituted:

direction to other members of the police service

(2) For

greater certainty, the police service board shall not direct members of the

police service other than the chief of police, unless that direction is

specifically authorized under

Part XII (Discipline and Termination).

(2) Subsection

40 (4) of the Act is amended by striking out “day-to-day administration” and

substituting “day-to-day operation”.

(3) Section

40 of the Act is amended by adding the following subsection:

Same

(4.1) Subsection

(4) does not prevent a police service board from issuing directions that may

affect operations.

(1) Clause 50 (1) (

a) of the Act is repealed and the following

substituted:

(

a) comply

with this Act and the regulations; and

(2) Clause

50 (2) (

a) of the Act is repealed and the following substituted:

(

a) comply

with this Act and the regulations, including the amounts required to provide

the police service with required equipment and facilities, having regard for

the various ways that the board can discharge this obligation; and

(3) Clause

50 (10) (

a) of the Act is amended by adding “and the Commission Chair has been

notified by either party” at the end.

(4) Subsection

50 (13) of the Act is repealed and the following substituted:

Costs

and expenses

(13) The

municipal board and the municipality shall share equally the costs and expenses

of the arbitration and any prescribed types of expenses of the arbitrator.

(1) Clause 51 (1) (

a) of the Act is repealed and the following

substituted:

(

a) comply

with this Act and the regulations, including the amounts required to provide

the police service with required equipment and facilities, having regard for

the various ways that the board can discharge this obligation; and

(2) Clause

51 (6) (

a) of the Act is amended by adding “and the Commission Chair has been

notified by either party” at the end.

(3) Subsection

51 (7) of the Act is amended by striking out “provide adequate and effective

policing” at the end and substituting “ensure adequate and effective policing

is provided”.

(1) Subsection 56 (4) of the Act is repealed.

(2) Subsection

56 (5) of the Act is amended by adding “and are deemed to have been appointed

under this section” at the end.

Section 59 of the Act is amended by striking out “and” at the end of clause

(c), by adding “and” at the end of clause (

d) and by adding the following

clause:

(

e) perform

such other duties in respect of the Ontario Provincial Police as are assigned

to the Minister by or under this Act, including any prescribed duties.

Subsection 60 (2) of the Act is repealed.

Paragraph 5 of subsection 61 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

(1) Subsection 62 (3) of the Act is amended by striking out “day-to-day

administration” and substituting “day-to-day operation”.

(2) Section

62 of the Act is amended by adding the following subsection:

Same

(3.1) Subsection

(3) does not prevent the Minister from issuing directions that may affect operations.

Subsection 64 (1) of the Act is amended by striking out “for the policing” and

substituting “for the policing and court security”.

(1) Subsection 67 (1) of the Act is amended by adding “made by the

Minister” after “regulations”.

(2) Section

67 of the Act is amended by adding the following subsection:

Exemptions

(1.1) Subsection

(1) is subject to any exemptions set out in the regulations made by the

Minister.

(3) Subsection

67 (2) of the Act is amended by adding “made by the Minister” at the end.

(4) Subsection

67 (3) of the Act is amended by adding “made by the Minister” at the end.

(5) Paragraph

2 of subsection 67 (6) of the Act is repealed and the following substituted:

2. Subsections

35 (1) to (5) (Oath, training and conduct).

Clause 68 (1) (

a) of the Act is amended by adding “made by the Minister” after

“regulations”.

Paragraph 2 of subsection 69 (2) of the Act is repealed and the following

substituted:

2. The

local policy must not relate to specific investigations, the conduct of

specific operations, the management or discipline of specific police officers

or other prescribed matters.

Paragraph 5 of subsection 70 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

(1) Subsection 71 (1) of the Act is amended by adding “made by the

Minister” after “regulations”.

(2) Subsection

71 (2) of the Act is amended by adding “made by the Minister” at the end.

Sections 72 to 75 of the Act are repealed.

33 Subsection 81 (2) of the Act is repealed and

the following substituted:

Time

for investigation

(2) The

investigation shall occur promptly, subject to the following rules:

1. The

investigation shall not be conducted during the time period described in

subsection 208 (3).

2. If

the matter that is the subject of an investigation under this

section becomes

the subject of a prosecution of an offence under a law of Canada, a province or

a territory, the following rules apply:

i. The

chief of police shall consult a Crown Attorney or prosecutor and, if advised by

a Crown Attorney or prosecutor to do so, postpone the commencement of the

investigation under this section, or suspend it, for as long as is necessary in

the Crown Attorney’s or prosecutor’s opinion to avoid interfering with the

prosecution.

ii. Whether

or not postponement or suspension is required under subparagraph i, the chief

of police may postpone the commencement of the investigation under this

section, or suspend it, for as long as is necessary in the chief’s opinion to

avoid interfering with the prosecution.

Clause 83 (1) (

f) of the Act is repealed and the following substituted:

(

f) meets

one of the following conditions:

(

i) The

person has a secondary school diploma or equivalent.

(ii) The

person has,

(

A) a

university degree,

(

B) a

degree from a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002

that is authorized to grant the degree, or

(

C) a

degree from an Indigenous Institute that is approved under the Indigenous Institutes Act, 2017 to grant the degree.

(iii) The

person has a diploma or advanced diploma granted by a college of applied arts

and technology described in sub-subclause (ii) (B), or an Indigenous Institute

described in sub-subclause (ii) (C), following successful completion of a

program that is the equivalent in class hours of a full-time program of at

least four academic semesters.

(iv) The

person has been granted a certificate or other document by a post-secondary

institution evidencing successful completion of a program that the regulations

prescribe as being equivalent to a degree or diploma described in subclause

(ii) or (iii).

(1) Subsection 91 (7) of the Act is amended by striking out

“possess” and substituting “carry”.

(2) Section

91 of the Act is amended by adding the following subsection:

Transition

(9) An

appointment as an auxiliary member of a police force under the Police Services Act that a person held immediately before

that Act was repealed continues under this Act and is deemed to have been made

under this section.

(1) Clause 92 (1) (

g) of the Act is repealed and the following

substituted:

(

g) meets

one of the following conditions:

(

i) The

person has a secondary school diploma or equivalent.

(ii) The

person has,

(

A) a

university degree,

(

B) a

degree from a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002

that is authorized to grant the degree, or

(

C) a

degree from an Indigenous Institute that is approved under the Indigenous Institutes Act, 2017 to grant the degree.

(iii) The

person has a diploma or advanced diploma granted by a college of applied arts

and technology described in sub-subclause (ii) (B), or an Indigenous Institute

described in sub-subclause (ii) (C), following successful completion of a

program that is the equivalent in class hours of a full-time program of at

least four academic semesters.

(iv) The

person has been granted a certificate or other document by a post-secondary

institution evidencing successful completion of a program that the regulations

prescribe as being equivalent to a degree or diploma described in subclause

(ii) or (iii);

(2) Clause

92 (7) (

e) of the Act is amended by striking out “possess” and substituting

“carry”.

(3) Subsection

92 (9) of the Act is amended by striking out “possess” wherever it appears and

substituting in each case “carry”.

(4) Paragraph

1 of subsection 92 (12) of the Act is amended by striking out “continues under

this Act” and substituting “continues under this Act and is deemed to have been

made under this section”.

(5) Paragraph

2 of subsection 92 (12) of the Act is amended by striking out “possession” and

substituting “carrying”.

(1) Subsection 95 (1) of the Act is repealed and the following

substituted:

Employment

only by employer specified in certificate

(1) A

person appointed as a special constable under

section 92 or whose appointment

is continued under that

section shall be employed as a special constable only

by the employer specified in the certificate of appointment.

(2) Subsection

95 (6) of the Act is amended by,

(

a) striking

out “possess” wherever it appears and substituting in each case “carry”; and

(

b) striking

out “possession” in clause (

a) and substituting “carrying”.

Subsection 98 (5) of the Act is repealed and the following substituted:

(5) A

special constable employer shall comply with any investigations conducted by

the Complaints Director or the SIU Director and any inspections conducted by

the Inspector General.

Subsection 101 (8) of the Act is amended by striking out “First Nation

Constable” and substituting “First Nations Constable”.

Part VI of the Act is amended by adding the following section:

Commissions

under the Great Seal

Commissions

under the Great Seal

101.1

(1) The

Lieutenant Governor in Council may authorize the issue of a commission under

the Great Seal to,

(

a) a

chief of police;

(

b) a

deputy chief of police; or

(

c) a

police officer who has attained a prescribed rank.

Commissioned

First Nation Officers

(2) Subject

to subsection (4), the Lieutenant Governor in Council may authorize the issue

of a commission under the Great Seal to a First Nation Officer who has achieved

a prescribed rank.

Commission

may be revoked

(3) The

Lieutenant Governor in Council may authorize the revocation of a commission

issued under the Great Seal.

Consultation

(4) The

Lieutenant Governor in Council may not authorize the issue of a commission

under the Great Seal to a First Nation Officer whose specified duties relate to

a reserve without first consulting with the reserve’s police governing

authority or band council that approved the Officer’s appointment.

(1) Clause 102 (4) (

a) of the Act is amended by striking out

“prescribed policing providers and the Advisory Council” and substituting “and

prescribed policing providers”.

(2) Clause

102 (4) (

b) of the Act is amended by striking out “prescribed entities and the

Advisory Council” and substituting “and prescribed entities”.

(3) Clause

102 (4) (

c) of the Act is amended by striking out “First Nation O.P.P. boards

and the Advisory Council” and substituting “and First Nation O.P.P. boards”.

(4) Clause

102 (4) (

d) of the Act is amended by striking out “conduct analyses” and

substituting “conduct research and analyses”.

(5) Subsection

102 (9) of the Act is amended by striking out “appointed by the Inspector

General”.

Paragraph 2 of subsection 103 (1) of the Act is amended by striking out

“prescribed policing providers and the Advisory Council” and substituting “and

prescribed policing providers”.

43 Subsections 104 (1) and (2) are repealed and

the following substituted:

Information

to Inspector General in accordance with regulations

(1) The

police service boards, O.P.P. detachment boards, First Nation O.P.P. boards,

chiefs of police, special constable employers, prescribed policing providers

and administrators appointed under

Part VII shall provide the Inspector General

with information prescribed by the Minister related to the discharge of the

Inspector General’s duties under subsection 102 (4) at the frequency and in the

manner set out in the regulations made by the Minister.

Information

to Inspector General on request

(2) The

police service boards, O.P.P. detachment boards, First Nation O.P.P. boards,

chiefs of police, special constable employers, prescribed policing providers

and administrators appointed under

Part VII shall provide the Inspector General

with such information as the Inspector General may request from time to time.

(1) Subsection 105 (1) of the Act is repealed and the following

substituted:

Personal

information

(1) The

Inspector General may collect personal information under subsection 104 (1) or

(2), directly or indirectly, only if the collection is necessary for the

purpose of,

(

a) discharging

the Inspector General’s duties under clause 102 (4) (a), (c), (

d) or (e); or

(

b) discharging

the Inspector General’s duties under this Act or the regulations related to

referrals of conduct that may constitute criminal conduct or misconduct.

(2) Subsection 105 (5) of the Act is

repealed and the following substituted:

De-identification,

linking

(5) The

Inspector General shall comply with any prescribed requirements regarding the

de-identification and linking of personal information collected under

subsection 104 (1) or (2).

(1) Subsection 106 (1) of the Act is amended by striking out “a

First Nation O.P.P. board or the Advisory Council” and substituting “or a First

Nation O.P.P. board”.

(2) Subsection

106 (2) of the Act is amended by striking out “about a member of a board

received” in the portion before clause (

a) and substituting “made”.

(1) Clause 107 (1) (

b) of the Act is amended by striking out

“prescribed policing provider or the Advisory Council” and substituting “or

prescribed policing provider”.

(2) Subsection

107 (2) of the Act is amended by striking out “dismiss the complaint and take

no further action under this

section if” and substituting “refuse to

investigate a complaint received under subsection (1) if”.

(3) Subclause

107 (6) (a) (

i) of the Act is repealed.

Paragraph 8 of subsection 108 (1) of the Act is repealed.

(1) Subsection 111 (2) of the Act is repealed and the following

substituted:

Power

to inspect

(2) The

Inspector General may cause an inspection to be conducted by an inspector for

the purpose of,

(

a) determining

whether a member of a police service board, an O.P.P. detachment board, or a

First Nation O.P.P. board has committed or is committing misconduct;

(

b) determining

whether a police service board, O.P.P. detachment board, First Nation O.P.P.

board, chief of police, special constable employer, police service or

prescribed policing provider is complying with or has complied with this Act

and the regulations; or

(

c) discharging

any other duties assigned to the Inspector General under this Act or the

regulations.

May

be in response to complaints

(2.1) For

greater certainty, the Inspector General may cause an inspection to be

conducted under subsection (2) to respond to a complaint made under

section 106

or 107.

(2) Subsection

111 (8) of the Act is repealed and the following substituted:

Limitation

on authority

(8) The

Inspector General may limit the inspector’s authority in such manner as the

Inspector General considers necessary or advisable, and any such limitation

shall be identified in the inspector’s certificate of appointment.

(3) Subsection

111 (9) of the Act is amended by striking out “clause (2) (b)” and substituting

“clause (2) (a)”.

Subsection 113 (1) of the Act is amended by striking out “prescribed entity or

the Advisory Council” in the portion before clause (

a) and substituting “or

prescribed entity”.

Clause 114 (1) (

b) of the Act is amended by striking out “a First Nation O.P.P.

board or the Advisory Council” and substituting “or a First Nation O.P.P.

board”.

(1) Paragraphs 3 and 4 of

subsection 115 (1) of the Act are repealed and the following substituted:

3. Require

the production of any thing, document or data, in any form, required to be kept

under this Act or the regulations and of any other thing, document or data, in

any form, related to the purpose of the inspection.

4. Remove

from the place, for the purpose of making copies, things, documents or data

produced under paragraph 3.

(2) Subsection

115 (7) of the Act is repealed and the following substituted:

Closed

meetings

(7) An

inspector has the authority to enter a meeting of a police service board, an

O.P.P. detachment board, a First Nation O.P.P. board or a committee of such a

board for the purpose of monitoring the meeting or conducting an inspection under

this Part, except,

(

a) any

part of the meeting in which the subject matter being considered is advice that

would be inadmissible in a court by reason of any privilege under the law of

evidence; or

(

b) in

prescribed circumstances.

Paragraph 3 of subsection 116 (1) of the Act is repealed and the following

substituted:

3. A

member or employee of an O.P.P. detachment board or a First Nation O.P.P. board.

(1) Subsections 120 (1) to (3) of the Act are repealed and the

following substituted:

SIU

notification

(1) If,

in the course of an inspection under this Part, an inspector becomes aware of

an incident that a designated authority would have a duty to report under

section 16 of the Special Investigations Unit Act, 2019 ,

the inspector shall notify the Inspector General.

Inspector

General’s duty

(1.1) After

receiving notice under subsection (1), the Inspector General shall provide

notice to the SIU Director unless the Inspector General believes that the SIU

Director has already been notified.

Misconduct

notice

(2) If,

in the course of an inspection under this Part, an inspector becomes aware that

a police officer, a special constable employed by the Niagara Parks Commission,

a member of a police service board, an O.P.P. detachment board or a First

Nation O.P.P. board or a peace officer in the Legislative Protective Service

may have engaged in conduct that constitutes misconduct,

(

a) the

inspector shall notify the Inspector General; and

(

b) if

the misconduct is alleged to have been committed by a police officer, a special

constable employed by the Niagara Parks commission or a peace officer in the Legislative

Protective Service, the Inspector General shall notify the Complaints Director.

Police

criminal offence or incapacity notice

(3) If,

in the course of an inspection under this Part, an inspector reasonably

suspects that a member of a police service may have committed a criminal

offence that does not meet the criteria to notify the SIU Director under

subsection (1) or may be incapable of performing the duties of the member’s

position, the inspector shall notify the Inspector General and, unless the

member is a chief of police or deputy chief of police, the Inspector General

shall notify the member’s chief of police.

(2) Subsection 120 (5) of the Act is

repealed and the following substituted:

Other

persons, criminal offences

(5) If,

in the course of an inspection under this Part, an inspector reasonably

suspects that a member of a police service board, an O.P.P. detachment board or

a First Nation O.P.P. board or a member, director, officer or employee of a

special constable employer, prescribed policing provider or prescribed entity

may have committed a criminal offence, the inspector shall notify the Inspector

General.

Section 122 of the Act is repealed and the following substituted:

Board

member duties during and after investigation

(1) The

Inspector General may direct a member of a police service board, an O.P.P.

detachment board or a First Nation O.P.P. board to decline to exercise their

powers or perform their duties as a member of the board from the period that

begins at the outset of an investigation into the member’s conduct under this

Part and ends on the earlier of the following:

1. The

day the member receives notice from the Inspector General that no further

action will be taken in respect of the investigation.

2. The

day the Inspector General exercises a power under

section 124 as a result of

the investigation.

Not

enough members

(2) If

the application of subsection (1) results in a board not having enough members

able to exercise their powers or perform their duties in order to constitute a

quorum, the Inspector General may appoint the number of persons necessary to

constitute a quorum, who shall act in the place of the members who are unable

to exercise their powers or perform their duties.

Same

(3) The

Inspector General shall,

(

a) specify

in an appointment made under subsection (2) that the appointee may only

exercise such powers or perform such duties as are necessary for the effective

operation of the board during the investigation and, for such purpose, may specify

the powers or duties the appointee may or may not exercise or perform; and

(

b) cancel

an appointment made under subsection (2) as soon as the period described in

subsection (1) ends.

(1) Subsection 124 (1) of the Act is repealed and the following

substituted:

Inspector

General’s powers

(1) If,

in the opinion of the Inspector General, the report made under subsection 123

(1) discloses evidence that a member of a board has committed misconduct, the

Inspector General may,

(

a) reprimand

the member of the board;

(

b) suspend

the member of the board for a specified period or until the member has complied

with specified conditions; or

(

c) remove

the member from the board.

(2) Subsection

124 (4) of the Act is amended by striking out “or the Advisory Council, as

applicable”.

(3) Subsection

124 (7) of the Act is amended by striking out “a First Nation O.P.P. board or

the Advisory Council” and substituting “or a First Nation O.P.P. board”.

(1) Subsection 125 (1) of the Act is amended by striking out “prescribed

policing provider or the Advisory Council” and substituting “or prescribed

policing provider”.

(2) Section

125 of the Act is amended by adding the following subsection:

Monitoring,

inspection

(1.1) If,

in the opinion of the Inspector General, the report made under subsection 123

(1) discloses evidence of non-compliance with a requirement of this Act or the

regulations, or evidence that

an act or omission will likely result in such

non-compliance, the Inspector General may, in addition to or instead of issuing

any directions under subsection (1) of this section, monitor

or conduct further inspections in accordance with this Act .

(1) Paragraph 4 of subsection 126 (1) of the Act is repealed.

(2) Section

126 of the Act is amended by adding the following subsection:

Consideration

of lesser measures

(1.1) Without

limiting the discretion of the Inspector General under subsection (1), the

Inspector General shall, when determining whether to impose a measure under

subsection (1), consider whether any lesser measure available in the

circumstances would remedy the non-compliance.

(3) Clause

126 (4) (

b) of the Act is amended by striking out “a First Nation O.P.P. board

or the Advisory Council” and substituting “or a First Nation O.P.P. board”.

(4) Subsection

126 (7) of the Act is amended by striking out “First Nation O.P.P. board or the

Advisory Council or removes him or her from office” and substituting “or First

Nation O.P.P. board or removes the member from office”.

(5) Subsection

126 (8) of the Act is amended by striking out “First Nation O.P.P. board or the

Advisory Council” and substituting “or First Nation O.P.P. board”.

(6) Subsection

126 (11) of the Act is amended by striking out “a First Nation O.P.P. board or

the Advisory Council” and substituting “or a First Nation O.P.P. board”.

Subsection 133 (7) of the Act is amended by adding “unless the Complaints

Director believes that the SIU Director has already been notified” at the end.

(1) Subsection 143 (7) of the Act is repealed.

(2) Subsection

143 (8) of the Act is amended by striking out “under subsection (7)”.

(3) The

French version of subsection 143 (8) of the Act is amended by striking out

“anonymisés” wherever it occurs and substituting in each case “dépersonnalisés”.

(4) Clause

143 (9) (

a) of the Act is amended by striking out “under subsection (7)”.

(5) The

French version of clause 143 (9) (

a) of the Act is amended by striking out

“l’anonymisation” and substituting “la dépersonnalisation”.

Subsections 147 (9) and (10) of the Act are repealed and the following

substituted:

Appointment

of Commission Chair and Commission Vice Chairs

(9) The

Lieutenant Governor in Council may appoint a person as the Commission Chair and

may appoint one or more persons as Commission Vice Chairs, subject to

subsection (10).

Consultation

before appointments

(10) No

person shall be appointed as Commission Chair or as a Commission Vice Chair

unless the Minister or his or her delegate has first consulted with or attempted

to consult with,

(

a) bargaining

agents that, in the opinion of the Minister or his or her delegate, are

reasonably representative of the bargaining agents that represent members of

police services;

(

b) employers

or employers’ organizations that, in the opinion of the Minister or his or her

delegate, are reasonably representative of the employers of members of police

services; and

(

c) any

other entities that are prescribed.

Commission

Vice Chair duties

(11) A

Commission Vice Chair shall,

(

a) act

in the place of the Commission Chair if the Commission Chair is absent or

unable to act and, when so acting, may exercise all the powers and shall

perform all the duties of the Commission Chair; and

(

b) perform

any other prescribed duties.

Regulations

(12) The

registers and the roster referred to in this

section shall be established and

maintained in accordance with the regulations, if any.

Subsection 148 (3) of the Act is repealed and the following substituted:

Delegation

(3) The

Commission Chair may, in writing, delegate any of their powers and duties under

this Act or the regulations to a Commission Vice Chair, subject to any

limitations, conditions or requirements that are set out in the delegation or

that may be prescribed.

Section 150 of the Act is amended by striking out “in accordance with” and

substituting “subject to”.

Paragraph 8 of subsection 155 (1) of the Act is repealed.

Subsections 166 (5) and (6) of the Act are repealed and the following

substituted:

Delay

(5) Subsection

(4) does not apply until the Complaints Director determines that compliance

with that subsection will not interfere with an investigation of an offence

under a law of Canada, a province or a territory, or the prosecution of such an

offence.

Same

(6) If

the Complaints Director has been advised by a Crown Attorney or prosecutor that

compliance with subsection (4) may, in the Crown Attorney’s or prosecutor’s

opinion, interfere with an investigation or proceeding, subsection (4) does not

apply until the Crown Attorney or prosecutor advises otherwise.

(1) The French version of subsection 167 (2) of the Act is amended

by striking out “anonymisé” and substituting “dépersonnalisé”.

(2) Subsection

167 (4) of the Act is amended by striking out “30” and substituting “60”.

Subsection 173 (2) of the Act is repealed and the following substituted:

Exception

(2) Subsection

(1) does not apply if the Complaints Director believes that the SIU Director

has already been notified about the issue.

Same

(2.1) A

requirement to give notice under clause (1) (a), (

b) or (

c) does not apply if,

in the Complaints Director’s opinion, giving the notice may prejudice an

investigation under this Part or under the Special

Investigations Unit Act, 2019 .

Section 188 of the Act is repealed and the following substituted:

Allegation

of criminal conduct

(1) If

the Inspector General receives a disclosure of misconduct under

section 185 and

does not refuse to deal with it under

section 187, or if the Complaints

Director provides the Inspector General with notice of potential criminal

conduct, the Inspector General shall refer the matter to the chief of police of

an unrelated police service if the Inspector General reasonably believes that,

(

a) the

alleged events may constitute a criminal offence; and

(

b) the

matter has not already been investigated by an unrelated police service or the

Special Investigations Unit.

Chief

of police shall investigate

(2) A

chief of police who receives a referral under subsection (1) shall investigate

the matter.

(1) Subsection 201 (6) of the Act is repealed and the following

substituted:

Hearing

(6) The

police officer who is the subject of the disciplinary measure or measures may

apply to the Commission Chair to appoint an adjudicator to hold a hearing

regarding the disciplinary measure or measures.

Application

timing

(6.1) An

application under subsection (6) must be made within the prescribed period, if

such a period has been prescribed.

Appointment

of adjudicator

(6.2) The

Chair shall appoint an adjudicator within 30 days after receiving an

application under subsection (6), except in exceptional circumstances.

(2) Subsection

201 (10) of the Act is amended by striking out “the adjudicator may impose” and

substituting “the adjudicator may make an order to impose”.

Subsection 216 (5) of the Act is repealed and the following substituted:

Ontario

Civilian Police Commission

(5) The

Ontario Civilian Police Commission is continued until the day on which it is

dissolved, as provided for in the regulations.

Same

(5.1) Until

it is dissolved, the Ontario Civilian Police Commission shall,

(

a) complete

any hearings or appeals under

section 25 or

Part V of the Police

Services Act that were initiated before the day the Police Services Act was repealed and that were not

finally determined as of that day; and

(

b) carry

out any other duties of the Commission under the Police

Services Act as may be prescribed, as if the Police

Services Act were still in force, subject to such modifications as may

be prescribed.

Subsection 219 (4) of the Act is amended by striking out “the police

association and the police service” and substituting “and the police

association”.

71 Subsection 227 (8) of the Act is repealed

and the following substituted:

Time

for decision

(8) The

arbitration board shall give a decision before the earlier of the following:

1. The

day that is 90 days after the day the chair is appointed or, if the arbitration

board consists of one person, the day that is 90 days after the day the person

is appointed.

2. The

day that is 30 days after the completion of the arbitration hearing.

Subsections 228 (1) and (2) of the Act are repealed and the following

substituted:

Dispute,

appointment of conciliation officer

(1) The

Commission Chair shall appoint a conciliation officer, at a party’s request,

if,

(

a) an

arbitrator is not seized of the matter; and

(

b) a

difference arises between the parties concerning an agreement or an

arbitrator’s decision or award made under this Part or it is alleged that an

agreement or award has been violated.

Subsection 258 (2) of the Act is repealed and the following substituted:

Sale

by police service maintained by a police service board

(2) The

chief of police of a police service maintained by a police service board may

cause the property to be sold, and the police service board may use the

proceeds for any purpose that it considers in the public interest, including a

charitable donation.

Sale

by O.P.P.

(2.1) The

Commissioner may cause the property to be sold, and any proceeds shall be

deposited in the Consolidated Revenue Fund.

Subsections 259 (2) and (3) of the Act are repealed and the following substituted:

Money

to be dealt with in accordance with procedures

(2) The

money shall be dealt with in accordance with any procedures prescribed by the

Minister.

Use

of money by police service maintained by a police service board

(3) If

three months have elapsed after the day the money came into the possession of a

police service maintained by a police service board and the owner has not

claimed it, the police service board may use it for any purpose that it

considers in the public interest.

Use

of money by O.P.P.

(3.1) If

three months have elapsed after the day the money came into the possession of

the Ontario Provincial Police and the owner has not claimed it, the

Commissioner may deposit it into the Consolidated Revenue Fund.

(1) Paragraphs 20 to 25 of subsection 261 (1) of the Act are

repealed.

(2) Paragraph

30 of subsection 261 (1) of the Act is repealed and the following substituted:

30. prescribing

certificates or other documents that are equivalent to a degree or diploma described

in subclauses 83 (1) (f) (iv) and 92 (1) (g) (iv), including by prescribing

characteristics of a document or certificate-granting program that make the

certificate or other document equivalent to such a degree or diploma;

(3) Paragraph

53 of subsection 261 (1) of the Act is repealed.

(4) Paragraph

58 of subsection 261 (1) of the Act is repealed and the following substituted:

58. governing

the conduct of adjudication hearings under this Act, including,

i. prescribing

regular procedures or rules and expedited procedures or rules for the conduct

of adjudication hearings,

ii. authorizing

adjudicators to issue orders they consider necessary to prevent the public

disclosure of matters disclosed at an adjudication hearing, including orders

banning the publication or broadcasting of those matters,

iii. prescribing

timelines for the conduct of adjudication hearings, and

iv. establishing

sentencing guidelines containing considerations that adjudicators must consider

when determining whether to impose a disciplinary measure;

(5) Paragraph

64 of subsection 261 (1) of the Act is repealed.

(6) Subparagraph

69 iv of subsection 261 (1) of the Act is repealed and the following

substituted:

iv. “Day-to-day

operation”.

(7) Subsection

261 (1) of the Act is amended by adding the following paragraph:

69.1 clarifying

or defining “emergency” or prescribing criteria that must be satisfied for an

emergency to exist for the purposes of this Act;

(8) Paragraph

2 of subsection 261 (2) of the Act is amended by striking out “First Nation

O.P.P. boards and the Advisory Council” and substituting “and First Nation

O.P.P. boards”.

(9) Paragraph

4 of subsection 261 (2) of the Act is amended by striking out “unit” and

substituting “division”.

(10) Paragraph

11 of subsection 261 (2) of the Act is amended by striking out “or of the

Advisory Council” at the end.

(11) Paragraph

15 of subsection 261 (2) of the Act is amended by striking out “sections 43,

44, 74 and 75” at the end and substituting “section 43 or 44”.

(12) Paragraph

16 of subsection 261 (2) of the Act is amended by striking out “by a chief of

police”.

(13) Subsection

261 (2) of the Act is amended by adding the following paragraphs:

16.1 governing

the composition of O.P.P. detachment boards, including the number of members of

a board, eligibility for appointment to the board and the mechanism for

appointing members of the board;

16.2 governing

the term of office, remuneration and expenses of members of O.P.P. detachment

boards;

16.3 establishing

and governing exemptions from the requirement in subsection 67 (1) to have one O.P.P.

detachment board per detachment and clarifying or modifying the application of

any provision of this Act with respect to the exemption;

16.4 governing

the participation of O.P.P. detachment boards and First Nation O.P.P. boards in

the selection of the detachment commander;

16.5 governing

the estimates prepared by an O.P.P. detachment board under

section 71,

including establishing the rules for calculating a municipality’s share of the

costs, which may require municipalities to pay more for the services they have

received or less for the services they have received based on their financial

capacity;

(14) Subparagraph

18 i of subsection 261 (2) of the Act is amended by adding “which may include prescribing

training approved by the Minister” at the end.

(15) The

French version of paragraph 30 of subsection 261 (2) of the Act is amended by

striking out “d’anonymisation” and substituting “de dépersonnalisation”.

(16) Subsection

261 (7) of the Act is amended by striking out “paragraph 70” in the portion

before clause (

a) and substituting “paragraph 71”.

(17) Subsection

261 (8) of the Act is amended by striking out “paragraph 70” and substituting

“paragraph 71”.

The French version of the Act is amended by striking out “groupes racialisés”

wherever it occurs and substituting in each case “groupes racisés”.

Missing

Persons Act, 2018

Subsection 1 (1) of the Missing Persons Act, 2018

is amended by adding the following

definitions:

“chief

of police” means,

(

a) a

chief of police as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

First Nation Officer who is in charge of a group of First Nation Officers

described in clause (

b) of the definition of “police service”; (“chef de

police”)

“First

Nation Officer” means a First Nation Officer as defined in subsection 2 (1) of

the Community Safety and Policing Act, 2019 ;

(“agent de Première Nation”)

“member

of a police service” means,

(

a) a

member of a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019 , or

(

b) a

First Nation Officer in a group described in clause (

b) of the definition of

“police service”; (“membre d’un service de police”)

“officer”

means,

(

a) a

police officer as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

First Nation Officer; (“agent”)

“police

service” means,

(

a) a

police service as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 , or

(

b) a

group of First Nation Officers who are employed by an entity that has an

agreement with the Minister; (“service de police”)

Pay

Transparency Act, 2018

(1) Subsection 8 (7) of the Pay Transparency

Act, 2018 is repealed and the following substituted:

Exception

(7) Despite

subsection (2), a police officer under the Community

Safety and Policing Act, 2019 shall have their complaint in relation to

an alleged contravention of subsection (1) dealt with under

section 191 of that

Act, with necessary modifications.

(2) Section

21 of the Act is repealed.

(3) Subsection

22 (2) of the Act is repealed.

Workplace

Safety and Insurance Act, 1997

(1) Paragraph 17 of subsection 14 (2) of the Workplace

Safety and Insurance Act, 1997 is amended by striking out “ Police Services Act ” at the end and substituting “ Community Safety and Policing Act, 2019 ”.

(2) Paragraph

18 of subsection 14 (2) of the Act is amended by,

(

a) striking

out “police force” wherever it appears and substituting in each case “police

service”; and

(

b) striking

out “as defined in the Police Services Act ” and

substituting “as defined in subsection 2 (1) of the Community

Safety and Policing Act, 2019 ”.

Comprehensive

Ontario Police Services Act, 2019

Subsection 264 (1) of

Schedule 1 ( Community Safety and

Policing Act, 2019 ) to the Comprehensive Ontario

Police Services Act, 2019 is repealed.

Plan

for Care and Opportunity Act (Budget Measures), 2018

Subsections 1 (4) and (5) of

Schedule 37 to the Plan for

Care and Opportunity Act (Budget Measures), 2018 are repealed.

Safer Ontario Act, 2018

Subsection 12 (2) of

Schedule 7 ( Missing Persons Act, 2018 )

to the Safer Ontario Act, 2018 is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Strengthening Safety and

Modernizing Justice Act, 2023 receives Royal Assent.

(2) Subsections

1 (2) to (4), sections 2 and 3, sections 5 to 20, subsection 21 (2), sections

24 to 31, sections 33 to 45, subsections 46 (1) and (2), sections 48 to 56,

subsections 57 (2) to (6),

section 58, subsections 59 (2) to (5), sections 60

to 74, subsections 75 (2) and (5) to (17) and sections 76 and 77 come into

force on a day to be named by proclamation of the Lieutenant Governor.

(3) Subsection 78 (1) comes into

force on the latest of the following days:

1. The

day

section 191 of

Schedule 1 to the Comprehensive Ontario

Police Services Act, 2019 comes into force.

2. The

day subsection 8 (7) of the Pay Transparency Act, 2018

comes into force.

3. The

day the Strengthening Safety and Modernizing Justice Act,

2023 receives Royal Assent.

SCHEDULE 2

CORONERS ACT

(1) Clause 56 (1) (

g) of the Coroners Act

is repealed and the following substituted:

(

g) governing the collection, retention,

storage and disposal of tissue samples, implanted devices and body fluids

obtained from a body that is the subject of a post mortem examination or other examinations or analyses under

section 28.

(2) Section

56 of the Act is amended by adding the following subsection:

Tissue

samples, body fluids

(1.1) Without

limiting the generality of clause (1) (g), a regulation made under that clause

may be in respect of tissue samples

or body fluids that are collected, retained or stored for the purpose of

enabling genetic analysis.

Commencement

This

Schedule comes into force on the day the Strengthening

Safety and Modernizing Justice Act, 2023 receives Royal Assent.

SCHEDULE 3

COURTS OF JUSTICE ACT

Section 23 of the Courts of Justice Act is amended

by adding the following subsections:

Commencement

of actions in Small Claims Court

(1.1) An action that is within the

Small Claims Court’s jurisdiction shall not, despite subsection 11 (2), be

commenced in the Superior Court of Justice except with leave of the Superior

Court of Justice as provided in the rules of court.

Same

(1.2) Subsection

(1.1) does not apply with respect to a counterclaim, crossclaim or third or

subsequent party claim, where the main action was commenced in the Superior

Court of Justice.

Subsection 42 (2) of the Act is repealed and the following substituted:

Qualification

(2) No

person shall be appointed as a provincial judge unless the person satisfies the

following criteria:

1. The

person has,

i. been

a member of the bar of one of the provinces or territories of Canada for at

least 10 years, or

ii. for

an aggregate of at least 10 years, been a member of a bar mentioned in

subparagraph i and, after becoming a member of such a bar, exercised powers and

performed duties of a judicial nature on a full-time basis in respect of a

position held under a law of Canada or of one of its provinces or territories.

2. The

person undertakes to participate in such courses as may be designated for newly

appointed judges by the Chief Justice of the Ontario Court of Justice under

subsection 51.10.1 (3).

The Act is amended by adding the following section:

Establishment

of courses

51.10.1

(1) The

Chief Justice of the Ontario Court of Justice may establish courses for newly

appointed judges and for the continuing education of judges, which may include

courses respecting,

(

a) sexual assault law;

(

b) intimate

partner violence;

(

c) coercive

control in intimate partner and family relationships; and

(

d) social

context, which includes systemic racism and systemic discrimination.

Courses

re sexual assault and intimate partner violence, consultation

(2) The

Chief Justice may, in establishing courses respecting matters mentioned in

clauses (1) (

a) to (d), consult with such persons, groups and organizations as

the Chief Justice considers appropriate, which may include survivors of sexual

assault, survivors of intimate partner violence and persons, groups and

organizations that support these survivors, including Indigenous leaders and

representatives of Indigenous communities.

Designated

courses

(3) The

Chief Justice may designate courses, including courses established under

subsection (1), for newly appointed judges.

Report

(4) No

later than February 28 in each year, the Chief Justice shall submit to the

Attorney General a report setting out the following information:

1. The

title, duration and dates of each course established by the Chief Justice

respecting matters mentioned in clauses (1) (

a) to (

d) that was offered to

judges during the previous calendar year.

2. A

description of the topics covered in each course.

3. The

number of judges who attended each course.

Tabling

of report

(5) The

Attorney General shall cause a copy of a report submitted under subsection

(4) to be tabled in the Legislative Assembly on any of the first 10 days on which

that House is sitting after the Attorney General receives the report.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Strengthening Safety and

Modernizing Justice Act, 2023 receives Royal Assent.

(2) Section

1 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 4

FIRE PROTECTION AND PREVENTION ACT, 1997

Section 8 of the Fire Protection and Prevention Act, 1997

is repealed and the following substituted:

Fire

Marshal, Deputy Fire Marshals

(1) The

Lieutenant Governor in Council shall appoint a Fire Marshal and one or more

Deputy Fire Marshals.

Deputy

Fire Marshals

(2) A

Deputy Fire Marshal shall act in the place of the Fire Marshal if the Fire

Marshal is absent or unable to act and, when so acting, may exercise all the

powers and shall perform all the duties of the Fire Marshal.

Section 26 of the Act is amended by adding the following subsection:

Same

(4.1) Despite

subsection (4), an application for an extension of time may be made at any time

following the 30 days referred to in subsection (4) if the Fire Safety

Commission is satisfied that there are reasonable grounds for accepting the

application at that time.

Clause 36 (3) (

b) of the Act is amended by striking out “or” at the end of

subclause (

i) and by adding the following subclause:

(i.1) that

was done to cause land or premises to be closed immediately under clause 21 (2)

(b), or

Paragraph 2 of subsection 38 (1) of the Act is amended by striking out “or” at

the end of subparagraph i and by adding the following subparagraph:

i.1 expenses

incurred in doing anything to cause land or premises to be closed immediately

under clause 21 (2) (b), or

Paragraph 2 of subsection 39 (1) of the Act is amended by striking out “or” at

the end of subparagraph i and by adding the following subparagraph:

i.1 expenses

incurred in doing anything to cause land or premises to be closed immediately

under clause 21 (2) (b), or

Subsection 58 (4) of the Act is repealed and the following substituted:

Composition

of panels for hearings

(4) A

proceeding before the Commission shall be heard and determined by a panel consisting

of one or more members of the Commission, as assigned by the chair or

vice-chair of the Commission.

(1) Subsection 62 (2) of the Act is amended by striking out “or if

he or she is absent or unable to act, the Deputy Fire Marshal”.

(2) Subsection

62 (4) of the Act is amended by striking out “or if he or she is absent or

unable to act, the Deputy Fire Marshal”.

(3) Subsection

62 (6) of the Act is repealed and the following substituted:

Same

(6) If

the Fire Marshal is absent from a meeting of the board, or is unable to act and

no Deputy Fire Marshal is able to take the place of the Fire Marshal at the

meeting, a vice-chair shall act as and have all the powers of the chair.

Subsection 74 (1) of the Act is amended by striking out “the Deputy Fire

Marshal” and substituting “a Deputy Fire Marshal”.

(1) Subsection 75 (1) of the Act is amended by striking out “the

Deputy Fire Marshal” and substituting “a Deputy Fire Marshal”.

(2) Clause

75 (2) (

b) of the Act is amended by striking out “the Deputy Fire Marshal” and

substituting “a Deputy Fire Marshal”.

Commencement

This

Schedule comes into force on the day the Strengthening

Safety and Modernizing Justice Act, 2023 receives Royal Assent.

SCHEDULE 5

JUSTICES OF THE PEACE ACT

Section 2 of the Justices of the Peace Act is

amended by adding the following subsection:

Same

(1.4) No

person shall be appointed as a justice of the peace under subsection (1) unless

the person undertakes to participate in such courses as may be designated for

newly appointed justices of the peace by the Associate Chief Justice

Co-ordinator of Justices of the Peace under subsection 14 (6).

Section 14 of the Act is amended by adding the following subsections:

Establishment

of courses

(4) The

Associate

Chief Justice Co-ordinator of Justices of the Peace may establish courses

for newly appointed justices of the peace and for the continuing education of

justices of the peace, which may include courses respecting,

(

a) sexual

assault law;

(

b) intimate

partner violence;

(

c) coercive

control in intimate partner and family relationships; and

(

d) social

context, which includes systemic racism and systemic discrimination.

Courses

re sexual assault and intimate partner violence, consultation

(5) The

Associate

Chief Justice Co-ordinator of Justices of the Peace may, in establishing

courses respecting matters mentioned in clauses (4) (

a) to (d), consult with

such persons, groups and organizations as the Associate Chief Justice

Co-ordinator of Justices of the Peace considers appropriate, which may include survivors

of sexual assault, survivors of intimate partner violence and persons, groups

and organizations that support these survivors, including Indigenous leaders

and representatives of Indigenous communities.

Designated

courses

(6) The

Associate

Chief Justice Co-ordinator of Justices of the Peace may designate courses,

including courses established under subsection (4), for newly appointed justices

of the peace.

Report

(7) No

later than February 28 in each year, the Associate Chief Justice

Co-ordinator of Justices of the Peace shall submit to the Attorney General a report

setting out the following information:

1. The

title, duration and dates of each course established by the Associate

Chief Justice Co-ordinator of Justices of the Peace respecting matters

mentioned in clauses (4) (

a) to (

d) that was offered to justices of the peace

during the previous calendar year.

2. A

description of the topics covered in each course.

3. The

number of justices of the peace who attended each course .

Tabling

of report

(8) The

Attorney General shall cause a copy of a report submitted under subsection

(7) to be tabled in the Legislative Assembly on any of the first 10 days on which

that House is sitting after the Attorney General receives the report.

Commencement

This

Schedule comes into force on the day the Strengthening

Safety and Modernizing Justice Act, 2023 receives Royal Assent.

SCHEDULE 6

PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019

Section 27 of the Provincial Animal Welfare Services Act,

2019 is amended by adding the following subsection:

Power

to exclude persons

(7) An

animal welfare inspector who exercises the power set out in subsection (1) may

exclude any person from questioning, except counsel for the individual being

questioned.

(1) Subsections 28 (1) and (2) of the Act are repealed and the

following substituted:

Entry

where animal is in distress

(1) An

animal welfare inspector who believes on reasonable grounds that an animal in

distress is to be found in a place may enter and search that place with the

consent of the occupier for the purposes of determining whether to exercise

powers under sections 30 to 33.

Warrant

(2) On

application without notice, a justice may issue a warrant authorizing an animal

welfare inspector to enter and search a place for the purposes mentioned in

subsection (1) if the justice is satisfied by information under oath or

affirmation that there are reasonable grounds to believe that an animal in

distress is to be found there.

(2) Subsection

28 (4) of the Act is amended by striking out “for the purpose of entering and

inspecting an accredited veterinary facility” and substituting “in relation to

an accredited veterinary facility”.

Subsection 29 (1) of the Act is amended by striking out “search for an animal”

and substituting “search for an animal for the purposes of determining whether

to exercise powers under sections 30 to 33”.

(1) Subsection 30 (2) of the Act is amended by striking out “(1),

(3)” and substituting “(1), (2), (3)”.

(2) Subsection

30 (4) of the Act is repealed and the following substituted:

Required

compliance with order

(4) Every

person who is served with an order under this

section shall comply with it in

accordance with its terms until such time as it may be revoked by an animal

welfare inspector or the Board.

Same

(4.1) If

an order under this

section is modified or confirmed by the Board, subsection

(4) applies in respect of the order as modified or confirmed.

(3) Section

30 of the Act is amended by adding the following subsections:

Change

of ownership

(6) If

an animal that is the subject of an order under this

section is transferred to a

different owner, the former owner of the animal shall collect prescribed

contact information from the new owner and immediately provide written notice

to an animal welfare inspector of the transfer and the prescribed contact

information.

Change

of ongoing custody

(7) If

custody of an animal that is the subject of an order under this

section is

transferred from a person who has ongoing custody of the animal to a different

person to have ongoing custody of the animal, the former custodian shall

collect prescribed contact information from the new custodian and immediately provide

written notice to an animal welfare inspector of the transfer and the prescribed

contact information.

(1) Subsection 31 (1) of the Act is amended by striking out “for the

purpose of providing it with necessaries to relieve its distress” in the

portion before clause (

a) and substituting “for the purpose of relieving its

distress”.

(2) The

and substituting “relieving”.

(3) Clause

31 (1) (

b) of the Act is repealed and the following substituted:

(

b) the

inspector has inspected the animal and has reasonable grounds for believing

that,

(

i) the

animal is in distress and the owner or custodian of the animal is not present

and cannot be found promptly, or

(ii) the

animal is in critical distress; or

(4) Subsection

31 (5) of the Act is amended by striking out “immediately” and substituting

“promptly”.

(5) Subsection

31 (7) of the Act is amended by striking out “immediately” and substituting

“promptly”.

(6) Subsection

31 (8) of the Act is amended by striking out “(1), (4)” and substituting “(1),

(2), (4)”.

Subsection 32 (2) of the Act is amended by striking out “immediately” and substituting

“promptly”.

Section 33 of the Act is repealed and the following substituted:

Take

steps to relieve distress

animal welfare inspector who is lawfully in any place and who finds an animal

in distress may, in addition to any other action the inspector is authorized to

take under this Act, take any reasonable steps to relieve the animal’s

distress, which may include providing the animal with necessaries to relieve

its distress.

(1) Subsections 35 (1) and (2) of the Act are repealed and the

following substituted:

Liability of owner or custodian for costs

(1) The

Chief Animal Welfare Inspector may, from time to time, serve on the owner or

custodian of an animal a statement of account respecting any costs incurred in

relation to the animal if the costs were incurred in relation to any of the

following circumstances:

1. An

animal welfare inspector has taken steps to relieve the animal’s distress, which may include providing

it with necessaries to relieve its distress under

section 33.

2. An

animal welfare inspector has removed the animal from the place where it was

under subsection 31 (1) or (2).

3. The

Chief Animal Welfare Inspector has kept the animal in the Chief Animal Welfare

Inspector’s care under subsection 31 (6) or taken the animal into the Chief

Animal Welfare Inspector’s care under subsection 44 (8).

Costs

(2) For

the purposes of subsection (1), the costs may include but are not limited to

the following:

1. Costs

incurred to relieve the animal’s distress.

2. Costs

incurred in removing the animal or taking it into care.

3. Costs

of providing care for an animal that has been removed.

4. Costs

of providing care for an animal that the Chief Animal Welfare Inspector has

kept or taken into care .

5. Costs

of taking any prescribed action in relation to the animal.

Statement

of account

(2.1) The

statement of account must have printed or written on it the content of

subsections 38 (1), (2) and (5).

(2) Subsection

35 (4) of the Act is amended by striking out “subsection 38 (2)” wherever it

appears and substituting in each case “section 38”.

(3) Clause

35 (4) (

a) of the Act is amended by striking out “after receiving the statement

of account” and substituting “after being served the statement of account”.

(4) Section

35 of the Act is amended by adding the following subsections:

Debt

due to the Crown

(6) Subject

to subsection (8), if, after the prescribed period of time referred to in

clause (4) (

a) or the extended period of time referred to in subsection (5),

any part of the statement of account is unpaid, the unpaid amount is a debt due

to the Crown and the Crown may recover the debt by

action or by any other remedy or procedure available by law to the Crown for

the collection of debts owed to the Crown.

Same

(7) Subsection

(6) applies regardless of whether the animal has been forfeited.

Debt

disputed

(8) A

statement of account may not be enforced under subsection (6) while the

obligation to pay the statement of account is being appealed under

section

Section 36 of the Act is amended by striking out “takes an animal into” and

substituting “keeps an animal in or takes an animal into”.

(1) Subsections 38 (1) and (2) of the Act are repealed and the

following substituted:

Appeal

to Board

(1) An

owner or custodian of an animal may appeal any of the following to the Board:

1. An

order from an animal welfare inspector.

2. A

decision by an animal welfare inspector to remove an animal from a place.

3. A

decision to keep an animal in or take an animal into the Chief Animal Welfare

Inspector’s care.

4. A

statement of account.

Prescribed

time to appeal

(2) An

appeal under subsection (1) shall be made by notice in writing and must be made

within the prescribed period after being served the order, notice of decision

or statement of account, as the case may be.

(2) Subsection

38 (4) of the Act is repealed and the following substituted:

Application

for return of animal

(4) An

owner or custodian of an animal that has been kept in or taken into the Chief

Animal Welfare Inspector’s care may apply to the Board by notice in writing to

have the animal returned if the conditions that caused the animal to be kept in

or taken into the Chief Animal Welfare Inspector’s care have ceased to exist.

(3) The

“reasons” and substituting “grounds”.

(4) Subsection

38 (6) of the Act is amended by striking out the portion before clause (

a) and

clause (

a) and substituting the following:

Board

to notify re proceedings

(6) Within

five business days after receiving a notice under subsection (1), (3) or (4) in

respect of a matter, the Board shall,

(

a) fix

a time, date and place at which the Board will commence the proceedings

regarding the matter, which proceedings may commence by conducting a

pre-hearing conference; and

(5) Subsection

38 (7) of the Act is repealed and the following substituted:

Date

to commence proceedings

(7) The

matter shall be dealt with on an expedited basis and the date fixed for commencing

the proceedings shall be not more than 10 business days after the receipt of the

notice in respect of the matter under subsection (1), (3) or (4).

(6) Paragraph

3 of subsection 38 (9) of the Act is repealed and the following substituted:

3. By

order, revoke a statement of account.

3.1 Confirm

or vary a statement of account and order that the costs be paid, as confirmed

or varied, to the Minister of Finance.

(7) Paragraph

5 of subsection 38 (9) of the Act is repealed and the following substituted:

5. Order that the whole or any part of any costs described in

subsection 35 (1) in relation to an animal, including but not limited to the

costs set out in subsection 35 (2), be paid by the owner or custodian of the

animal to the Minister of Finance.

(8) Section

38 of the Act is amended by adding the following subsections:

Regulations

(10.1) The

Lieutenant Governor in Council may make regulations governing orders made by

the Board under paragraph 3, 3.1, 4 or 5 of subsection (9), which may include

prescribing factors that the Board shall or shall not consider when making such

an order.

Application

of Statutory Powers Procedure Act

(10.2) For

greater certainty, an order made under paragraph 3.1, 4 or 5 of subsection

(9) is an order for the payment of money for the purpose of subsection 19 (3) of

the Statutory Powers Procedure Act .

(9) Subsection

38 (11) of the Act is amended by striking out “(1), (2), (3)” and substituting

“(1), (3)”.

(1) Clause 49 (1) (

a) of the Act is amended by striking out “or” at

the end of subclause (ix) and by striking out subclause (

x) and substituting

the following:

(x) subsection

30 (6) (Change of ownership),

(xi) subsection

30 (7) (Change of ongoing custody), or

(xii) subsection

34 (7) (No obstruction);

(2) Clause

49 (1) (

c) of the Act is repealed and the following substituted:

(

c) knowingly

provides false or misleading information to the Chief Animal Welfare Inspector

or to another animal welfare inspector.

(3) Subsection

49 (10) of the Act is amended by striking out “the cost of providing food, care

or treatment to an animal” and substituting “the costs incurred in relation to

an animal”.

Section 53 of the Act is repealed and the following substituted:

Crown

debt

53 An administrative penalty imposed under

section 51 that is

not paid within the time required under that

section is a debt due to the Crown

and the Crown may recover the debt by action or by any other remedy or

procedure available by law to the Crown for the collection of debts owed to the

Crown.

Section 65 of the Act is amended by adding the following paragraphs:

5. Contravening

subsection 30 (6) (Change of ownership).

6. Contravening

subsection 30 (7) (Change of ongoing custody).

Section 68 of the Act is amended by adding the following subsection:

When

service effective

(2) The

regulations may prescribe when service, other than personal service, of any

order, notice or statement of account is effective for the purposes of this

Act.

Clause 69 (2) (

n) of the Act is amended by striking out “supply necessaries in

section 33 (Supply necessaries to animals)” and substituting “take any

reasonable steps in

section 33 (Take steps to relieve distress)”.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Strengthening Safety and

Modernizing Justice Act, 2023 receives Royal Assent.

(2) Subsections

4 (1) and (3), 5 (1), (3) and (6),

section 7, subsections 8 (1) and (2), 10

(1) and (4) to (9) and 11 (1) and (3) and sections 13 and 15 come into force on a

day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 7

PROVINCIAL OFFENCES ACT

Subsection 141 (2) of the Provincial Offences Act

is amended by striking out “such person” and substituting “the clerk of the

court”.

Commencement

This

Schedule comes into force on the day the Strengthening

Safety and Modernizing Justice Act, 2023 receives Royal Assent.

Bill 102 As Amended by Standing Committee (PDF)

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

SCHEDULE 1

COMMUNITY SAFETY AND POLICING ACT, 2019

The

Schedule amends the Community Safety and Policing Act,

2019 with respect to various matters. The amendments include the

following:

Section

5 of the Act is amended to require the Minister to comply with any prescribed

requirements regarding the de-identification and linking of personal

information collected under subsection 4 (1) or (2) of the Act. A similar

requirement is added to

section 105 of the Act in respect of the Inspector

General regarding personal information collected under subsection 104 (1) or

(2) of the Act.

2. The

Schedule repeals

section 72 of the Act, which provides for the establishment of

the Ontario Provincial Police Governance Advisory Council. All references to

the Advisory Council are removed from the Act.

3. A

chief of police may be required to postpone or suspend the commencement of an

investigation under

section 81 of the Act if advised to do so by a Crown

Attorney or prosecutor, to avoid interfering with a prosecution.

4. The

Schedule amends clause 83 (1) (

f) of the Act to provide that a secondary school

diploma or equivalent is sufficient education for the purposes of being

appointed as a police officer. Currently, a secondary school diploma is

sufficient only if any additional prescribed criteria have been satisfied.

5. The

Inspector General is required, when determining whether to impose a measure

under subsection 126 (1) of the Act, to consider whether any lesser measure

available in the circumstances would remedy the non-compliance.

Housekeeping

amendments are also made to the Act and to various other Acts, including the Missing Persons Act, 2018 , the Pay

Transparency Act, 2018 and the Workplace Safety and

Insurance Act, 1997 .

SCHEDULE 2

CORONERS ACT

Clause

56 (1) (

g) of the Coroners Act currently authorizes

the Lieutenant Governor in Council to make regulations governing the retention , storage and disposal of tissue samples,

implanted devices and body fluids obtained in performing a post mortem examination of a body or conducting

examinations or analyses under

section 28. The

Schedule amends the Act to

expand this regulation-making authority as follows:

Whereas the current authority refers only

to retention, storage and disposal, the re-enacted provision also refers to

collection.

Whereas

the current authority refers to tissue samples, implanted devices and body

fluids obtained in performing examinations or analyses, the re-enacted

provision refers to these items obtained from a body that is the subject of

examinations or analyses but does not limit the items to those obtained in the

course of such examinations or analyses.

The

amendments provide that the regulation may be in respect of tissue samples or

body fluids that are collected, retained or stored for the purpose of enabling

genetic analysis.

SCHEDULE 3

COURTS OF JUSTICE ACT

The

Schedule amends

section 23 of the Courts of Justice Act

to provide that an action that is within the Small Claims Court’s jurisdiction

shall not be commenced in the Superior Court of Justice except with the

latter’s leave.

The

Schedule also amends the Act to prohibit a

person from being appointed as a provincial judge unless the person undertakes

to participate in courses designated for newly appointed judges by the Chief

Justice of the Ontario Court of Justice. The Chief Justice is authorized to

establish courses for newly appointed judges and for the continuing education

of judges, including courses respecting the following: sexual assault law;

intimate partner violence; coercive control in intimate partner and family

relationships; and social context, which includes systemic racism and systemic

discrimination. The Chief Justice is required to submit a report to the

Attorney General respecting courses on these topics.

SCHEDULE 4

FIRE PROTECTION AND PREVENTION ACT, 1997

The

Schedule makes various amendments to the Fire Protection

and Prevention Act, 1997 , including amendments that authorize the

Lieutenant Governor in Council to appoint more than one Deputy Fire Marshal.

Other amendments include the repeal of the requirement that three members of

the Fire Safety Commission constitute a quorum. Instead, the chair or

vice-chair of the Commission may appoint a panel consisting of one or more

members of the Commission.

SCHEDULE 5

JUSTICES OF THE PEACE ACT

The

Schedule amends the Justices of the Peace Act to

prohibit a person from being appointed as a justice of the peace unless the

person undertakes to participate in courses designated for newly appointed

justices of the peace by the Associate Chief Justice Co-ordinator of

Justices of the Peace.

The

Associate

Chief Justice Co-ordinator of Justices of the Peace is authorized to

establish courses for newly appointed justices of the peace and for the

continuing education of justices of the peace, including courses respecting the

following: sexual assault law; intimate partner violence; coercive control in

intimate partner and family relationships; and social context, which includes

systemic racism and systemic discrimination. The Associate Chief Justice

Co-ordinator of Justices of the Peace is required to submit a report to the Attorney

General respecting courses on these topics.

SCHEDULE 6

PROVINCIAL ANIMAL WELFARE SERVICES ACT, 2019

The

Schedule amends the Provincial Animal Welfare Services

Act, 2019 with respect to various matters, including the following:

1. The

Act currently includes provisions (sections 28 and 29) that authorize an animal

welfare inspector to enter and search a place in circumstances where the

inspector has reasonable grounds to believe that an animal is in distress or

critical distress in the place. The

Schedule amends these provisions to provide

that the purpose of such an entry and search is to determine whether to

exercise powers under sections 30 to 33.

2. New

provisions are added to the Act to impose requirements on the owner or custodian

of an animal that is the subject of an order under

section 30. If there is a

transfer of ownership or a transfer of ongoing custody, the former owner or

custodian must collect prescribed contact information from the new owner or

custodian and immediately provide written notice to an animal welfare

inspector.

Section

33 of the Act is re-enacted to expand the authority of an animal welfare

inspector who is lawfully in any place and who finds an animal in distress.

Whereas the current provision authorizes the inspector to supply the animal

with necessaries to relieve its distress, the re-enacted provision authorizes

the inspector to take any reasonable steps to relieve the animal’s distress.

4. Amendments

are made to

section 35 of the Act with respect to statements of account.

Currently, this

section of the Act authorizes the service of a statement of

account on the owner or custodian of an animal where an animal welfare

inspector has provided the animal with necessaries to relieve its distress. The

statement of account is limited to the cost of necessaries. The amended

provision authorizes the service of a statement of account in a broader range

of circumstances, including where an animal welfare inspector has taken steps

to relieve the animal’s distress or has removed the animal from a place. The

costs may include any costs in relation to the animal if incurred in relation

to the specified circumstances. Amendments also provide that the unpaid amount of

a statement of account is a debt due to the Crown.

SCHEDULE 7

PROVINCIAL OFFENCES ACT

Subsection

141 (2) of the Provincial Offences Act is amended

so that if a notice under

section 140 of the Act in respect of an application

for relief in the nature of certiorari is served on the person making the decision,

order or warrant or holding the proceeding giving rise to the application, it

is the clerk of the court and not that person who is required to ensure that

all related materials are filed with the Superior Court of Justice for the

purposes of the application.

Bill 102 2023

Act to amend various Acts relating to the justice system, fire protection and

prevention and animal welfare

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Community

Safety and Policing Act, 2019

Schedule 2

Coroners

Act

Schedule 3

Courts

of Justice Act

Schedule 4

Fire

Protection and Prevention Act, 1997

Schedule 5

Justices

of the Peace Act

Schedule 6

Provincial

Animal Welfare Services Act, 2019

Schedule 7

Provincial

Offences Act

His

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

(1) Except

as otherwise provided in this section, 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 Strengthening Safety and Modernizing Justice Act, 2023 .

SCHEDULE 1

COMMUNITY SAFETY AND POLICING ACT, 2019

(1) The definition of “Advisory

Council” in subsection 2 (1) of the Community Safety and

Policing Act, 2019 is repealed.

(2) The

French version of the definition of “de-identify” in subsection 2 (1) of the Act

is revoked and the following substituted:

«dépersonnaliser»

Relativement à des renseignements personnels concernant un particulier,

s’entend du fait d’en retirer les renseignements qui permettent de l’identifier

ou à l’égard desquels il est raisonnable de prévoir, dans les circonstances,

qu’ils pourraient servir, seuls ou avec d’autres, à l’identifier. («de-identify»)

(3) Clause

(

b) of the definition of “misconduct” in subsection 2 (1) of the Act is amended

by striking out “a First Nation O.P.P. board or the Advisory Council” and

substituting “or a First Nation O.P.P. board”.

(4) Subsection

2 (1) of the Act is amended by adding the following definition:

“former

member of a police service” includes any person who was appointed under the Police Services Act , as it read at the time, as an

auxiliary member of the police service; (“ancien membre d’un service de police”)

(5) The

definition of “research ethics board” in subsection 2 (1) of the Act is

repealed.

Subclause 3 (1) (l) (ii) of the Act is amended by striking out “First Nation

O.P.P. boards and the Advisory Council” and substituting “and First Nation

O.P.P. boards”.

3 Subsections 5 (5) to (9) of the Act are

repealed and the following substituted:

De-identification, linking

(5) The

Minister shall comply with any prescribed requirements regarding the

de-identification and linking of personal information collected under

subsection 4 (1) or (2).

Sections 6, 7 and 8 of the Act are repealed.

Subsection 9 (1) of the Act is amended by striking out “sections 5 to 8 and any

regulations relating to those sections” and substituting “section 5 and any

regulations relating to that section”.

(1) Subsection 10 (1) of the Act is amended by striking out “shall

provide adequate and effective policing” and substituting “shall ensure

adequate and effective policing is provided”.

(2) Subsection

10 (5) of the Act is amended by striking out “shall provide adequate and

effective policing” and substituting “shall ensure adequate and effective

policing is provided”.

Section 13 of the Act is amended by adding the following subsection:

Referral

(3) If

responsibility for providing a policing function in relation to a specific

investigation, vehicle pursuit, or other instance is referred to the chief of

police of a different police service or otherwise transferred to a member of a

different police service or to a police service board that maintains a

different police service, the following rules apply:

1. If

the different police service is the Ontario Provincial Police, the Commissioner

is responsible for complying with subsections (1) and (2).

2. If

the different police service is maintained by a police service board, the board

is responsible for complying with subsections (1) and (2).

Subsection 16 (3) of the Act is amended by striking out “shall provide adequate

and effective policing” and substituting “shall ensure adequate and effective

policing is provided”.

Section 17 of the Act is repealed and the following substituted:

Additional

services

(1) A

police service board may enter into a written agreement with a municipality or

with any other person to provide policing, or other specified services, that

would not otherwise be provided or be required to be provided by the police

service board.

Same

(2) The

Minister may enter into a written agreement with a municipality or with any

other person to have the Commissioner provide policing, or other specified

services, that would not otherwise be provided or be required to be provided by

the Commissioner.

Costs

(3) Section

65 applies to the cost of policing provided by the Commissioner in accordance

with an agreement under this section.

Section 18 of the Act is amended by adding the following subsection:

Costs

of agreement

(2.1) An

agreement under subsection (2) shall provide for the amount that the person

will be charged by the police service board or by the Minister under

section

Subsection 20 (1) of the Act is amended by striking out “provide policing in an

area” and substituting “ensure adequate and effective policing is provided in

an area”.

Subsection 25 (3) of the Act is amended by striking out “will provide adequate

and effective policing” and substituting “will ensure adequate and effective

policing is provided”.

Section 29 of the Act is repealed and the following substituted:

Promotion

of appointments by municipality

(1) If

the need to appoint a new member of a police service board by resolution of a

municipality is reasonably foreseeable, the municipality shall take reasonable

steps to promote the availability of the appointment, having regard to the need

to ensure that police service boards are representative of the communities they

serve.

Promotion

by Minister

(2) The

Minister shall take reasonable steps to promote the availability of public

appointments to police service boards, having regard to the need to ensure that

police service boards are representative of the communities they serve.

Definition

(3) In

this section,

“public

appointment” means an appointment by the Lieutenant Governor in Council or the

Minister.

Subsection 32 (1) of the Act is amended by striking out “to provide adequate

and effective policing” and substituting “to ensure that adequate and effective

policing is provided”.

Subsection 33 (8) of the Act is repealed and the following substituted:

Ministerial

recommendations

(8) The

Minister shall, in accordance with the regulations, make recommendations to the

Lieutenant Governor in Council regarding appointments to police service boards

that are made by the Lieutenant Governor in Council.

(1) Clause 37 (1) (

a) of the Act is amended by striking out “provide

adequate and effective policing” at the beginning and substituting “ensure that

adequate and effective policing is provided”.

(2) Clause

37 (1) (

j) of the Act is amended by striking out “owned” and substituting

“used”.

Paragraph 5 of subsection 39 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

(1) Subsection 40 (2) of the Act is repealed and the following

substituted:

direction to other members of the police service

(2) For

greater certainty, the police service board shall not direct members of the

police service other than the chief of police, unless that direction is

specifically authorized under

Part XII (Discipline and Termination).

(2) Subsection 40 (4) of the

Act is amended by striking out “day-to-day administration” and substituting

“day-to-day operation”.

(3) Section 40 of the Act is

amended by adding the following subsection:

Same

(4.1) Subsection (4) does not

prevent a police service board from issuing directions that may affect operations.

(1) Clause 50 (1) (

a) of the Act is repealed and the following

substituted:

(

a) comply

with this Act and the regulations; and

(2) Clause

50 (2) (

a) of the Act is repealed and the following substituted:

(

a) comply

with this Act and the regulations, including the amounts required to provide

the police service with required equipment and facilities, having regard for

the various ways that the board can discharge this obligation; and

(3) Clause

50 (10) (

a) of the Act is amended by adding “and the Commission Chair has been

notified by either party” at the end.

(4) Subsection

50 (13) of the Act is repealed and the following substituted:

Costs

and expenses

(13) The

municipal board and the municipality shall share equally the costs and expenses

of the arbitration and any prescribed types of expenses of the arbitrator.

(1) Clause 51 (1) (

a) of the Act is repealed and the following

substituted:

(

a) comply

with this Act and the regulations, including the amounts required to provide

the police service with required equipment and facilities, having regard for

the various ways that the board can discharge this obligation; and

(2) Clause

51 (6) (

a) of the Act is amended by adding “and the Commission Chair has been

notified by either party” at the end.

(3) Subsection

51 (7) of the Act is amended by striking out “provide adequate and effective policing”

at the end and substituting “ensure adequate and effective policing is

provided”.

(1) Subsection 56 (4) of the Act is repealed.

(2) Subsection

56 (5) of the Act is amended by adding “and are deemed to have been appointed

under this section” at the end.

Section 59 of the Act is amended by striking out “and” at the end of clause

(c), by adding “and” at the end of clause (

d) and by adding the following

clause:

(

e) perform

such other duties in respect of the Ontario Provincial Police as are assigned

to the Minister by or under this Act, including any prescribed duties.

Subsection 60 (2) of the Act is repealed.

Paragraph 5 of subsection 61 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

24.1 (1) Subsection

62 (3) of the Act is amended by striking out “day-to-day administration” and

substituting “day-to-day operation”.

(2) Section 62 of the Act is

amended by adding the following subsection:

Same

(3.1) Subsection (3) does not

prevent the Minister from issuing directions that may affect operations.

Subsection 64 (1) of the Act is amended by striking out “for the policing” and

substituting “for the policing and court security”.

(1) Subsection 67 (1) of the Act is amended by adding “made by the

Minister” after “regulations”.

(2) Section

67 of the Act is amended by adding the following subsection:

Exemptions

(1.1) Subsection

(1) is subject to any exemptions set out in the regulations made by the

Minister.

(3) Subsection

67 (2) of the Act is amended by adding “made by the Minister” at the end.

(4) Subsection

67 (3) of the Act is amended by adding “made by the Minister” at the end.

(5) Paragraph

2 of subsection 67 (6) of the Act is repealed and the following substituted:

2. Subsections

35 (1) to (5) (Oath, training and conduct).

Clause 68 (1) (

a) of the Act is amended by adding “made by the Minister” after

“regulations”.

Paragraph 2 of subsection 69 (2) of the Act is repealed and the following

substituted:

2. The

local policy must not relate to specific investigations, the conduct of

specific operations, the management or discipline of specific police officers

or other prescribed matters.

Paragraph 5 of subsection 70 (1) of the Act is repealed and the following

substituted:

5. Interactions

with persons who appear to have a mental illness or a neurodevelopmental

disability.

(1) Subsection 71 (1) of the Act is amended by adding “made by the

Minister” after “regulations”.

(2) Subsection

71 (2) of the Act is amended by adding “made by the Minister” at the end.

Sections 72 to 75 of the Act are repealed.

32 Subsection 81 (2) of the Act is repealed and

the following substituted:

Time

for investigation

(2) The

investigation shall occur promptly, subject to the following rules:

1. The

investigation shall not be conducted during the time period described in

subsection 208 (3).

2. If

the matter that is the subject of an investigation under this

section becomes

the subject of a prosecution of an offence under a law of Canada, a province or

a territory, the following rules apply:

i. The

chief of police shall consult a Crown Attorney or prosecutor and, if advised by

a Crown Attorney or prosecutor to do so, postpone the commencement of the

investigation under this section, or suspend it, for as long as is necessary in

the Crown Attorney’s or prosecutor’s opinion to avoid interfering with the

prosecution.

ii. Whether

or not postponement or suspension is required under subparagraph i, the chief

of police may postpone the commencement of the investigation under this

section, or suspend it, for as long as is necessary in the chief’s opinion to

avoid interfering with the prosecution.

Clause 83 (1) (

f) of the Act is repealed and the following substituted:

(

f) meets

one of the following conditions:

(

i) The

person has a secondary school diploma or equivalent.

(ii) The

person has,

(

A) a

university degree,

(

B) a

degree from a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002

that is authorized to grant the degree, or

(

C) a

degree from an Indigenous Institute that is approved under the Indigenous Institutes Act, 2017 to grant the degree.

(iii) The

person has a diploma or advanced diploma granted by a college of applied arts

and technology described in sub-subclause (ii) (B), or an Indigenous Institute

described in sub-subclause (ii) (C), following successful completion of a

program that is the equivalent in class hours of a full-time program of at

least four academic semesters.

(iv) The

person has been granted a certificate or other document by a post-secondary

institution evidencing successful completion of a program that the regulations prescribe

as being equivalent to a degree or diploma described in subclause (ii) or

(iii).

(1) Subsection 91 (7) of the Act is amended by striking out

“possess” and substituting “carry”.

(2) Section

91 of the Act is amended by adding the following subsection:

Transition

(9) An

appointment as an auxiliary member of a police force under the Police Services Act that a person held immediately before

that Act was repealed continues under this Act and is deemed to have been made

under this section.

(1) Clause 92 (1) (

g) of the Act is repealed and the following

substituted:

(

g) meets

one of the following conditions:

(

i) The

person has a secondary school diploma or equivalent.

(ii) The

person has,

(

A) a

university degree,

(

B) a

degree from a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002

that is authorized to grant the degree, or

(

C) a

degree from an Indigenous Institute that is approved under the Indigenous Institutes Act, 2017 to grant the degree.

(iii) The

person has a diploma or advanced diploma granted by a college of applied arts

and technology described in sub-subclause (ii) (B), or an Indigenous Institute

described in sub-subclause (ii) (C), following successful completion of a

program that is the equivalent in class hours of a full-time program of at

least four academic semesters.

(iv) The

person has been granted a certificate or other document by a post-secondary

institution evidencing successful completion of a program that the regulations

prescribe as being equivalent to a degree or diploma described in subclause

(ii) or (iii);

(2) Clause

92 (7) (

e) of the Act is amended by striking out “possess” and substituting

“carry”.

(3) Subsection

92 (9) of the Act is amended by striking out “possess” wherever it appears and

substituting in each case “carry”.

(4) Paragraph

1 of subsection 92 (12) of the Act is amended by striking out “continues under

this Act” and substituting “continues under this Act and is deemed to have been

made under this section”.

(5) Paragraph

2 of subsection 92 (12) of the Act is amended by striking out “possession” and

substituting “carrying”.

(1) Subsection 95 (1) of the Act is repealed and the following

substituted:

Employment

only by employer specified in certificate

(1) A

person appointed as a special constable under

section 92 or whose appointment

is continued under that

section shall be employed as a special constable only

by the employer specified in the certificate of appointment.

(2) Subsection

95 (6) of the Act is amended by,

(

a) striking

out “possess” wherever it appears and substituting in each case “carry”; and

(

b) striking

out “possession” in clause (

a) and substituting “carrying”.

Subsection 98 (5) of the Act is repealed and the following substituted:

(5) A

special constable employer shall comply with any investigations conducted by

the Complaints Director or the SIU Director and any inspections conducted by

the Inspector General.

Subsection 101 (8) of the Act is amended by striking out “First Nation

Constable” and substituting “First Nations Constable”.

Part VI of the Act is amended by adding the following section:

Commissions

under the Great Seal

Commissions

under the Great Seal

101.1

(1) The

Lieutenant Governor in Council may authorize the issue of a commission under

the Great Seal to,

(

a) a

chief of police;

(

b) a

deputy chief of police; or

(

c) a

police officer who has attained a prescribed rank.

Commissioned

First Nation Officers

(2) Subject

to subsection (4), the Lieutenant Governor in Council may authorize the issue

of a commission under the Great Seal to a First Nation Officer who has achieved

a prescribed rank.

Commission

may be revoked

(3) The

Lieutenant Governor in Council may authorize the revocation of a commission

issued under the Great Seal.

Consultation

(4) The

Lieutenant Governor in Council may not authorize the issue of a commission

under the Great Seal to a First Nation Officer whose specified duties relate to

a reserve without first consulting with the reserve’s police governing

authority or band council that approved the Officer’s appointment.

(1) Clause 102 (4) (

a) of the Act is amended by striking out

“prescribed policing providers and the Advisory Council” and substituting “and

prescribed policing providers”.

(2) Clause

102 (4) (

b) of the Act is amended by striking out “prescribed entities and the

Advisory Council” and substituting “and prescribed entities”.

(3) Clause

102 (4) (

c) of the Act is amended by striking out “First Nation O.P.P. boards

and the Advisory Council” and substituting “and First Nation O.P.P. boards”.

(4) Clause

102 (4) (

d) of the Act is amended by striking out “conduct analyses” and

substituting “conduct research and analyses”.

(5) Subsection

102 (9) of the Act is amended by striking out “appointed by the Inspector

General”.

Paragraph 2 of subsection 103 (1) of the Act is amended by striking out

“prescribed policing providers and the Advisory Council” and substituting “and

prescribed policing providers”.

42 Subsections 104 (1) and (2) are repealed and

the following substituted:

Information

to Inspector General in accordance with regulations

(1) The

police service boards, O.P.P. detachment boards, First Nation O.P.P. boards,

chiefs of police, special constable employers, prescribed policing providers

and administrators appointed under

Part VII shall provide the Inspector General

with information prescribed by the Minister related to the discharge of the

Inspector General’s duties under subsection 102 (4) at the frequency and in the

manner set out in the regulations made by the Minister.

Information

to Inspector General on request

(2) The

police service boards, O.P.P. detachment boards, First Nation O.P.P. boards,

chiefs of police, special constable employers, prescribed policing providers

and administrators appointed under

Part VII shall provide the Inspector General

with such information as the Inspector General may request from time to time.

(1) Subsection 105 (1) of the Act is repealed and the following

substituted:

Personal

information

(1) The

Inspector General may collect personal information under subsection 104 (1) or

(2), directly or indirectly, only if the collection is necessary for the

purpose of,

(

a) discharging

the Inspector General’s duties under clause 102 (4) (a), (c), (

d) or (e); or

(

b) discharging

the Inspector General’s duties under this Act or the regulations related to

referrals of conduct that may constitute criminal conduct or misconduct.

(2) Subsection 105 (5) of the Act is

repealed and the following substituted:

De-identification,

linking

(5) The

Inspector General shall comply with any prescribed requirements regarding the

de-identification and linking of personal information collected under

subsection 104 (1) or (2).

(1) Subsection 106 (1) of the Act is amended by striking out “a

First Nation O.P.P. board or the Advisory Council” and substituting “or a First

Nation O.P.P. board”.

(2) Subsection

106 (2) of the Act is amended by striking out “about a member of a board

received” in the portion before clause (

a) and substituting “made”.

(1) Clause 107 (1) (

b) of the Act is amended by striking out

“prescribed policing provider or the Advisory Council” and substituting “or

prescribed policing provider”.

(2) Subsection

107 (2) of the Act is amended by striking out “dismiss the complaint and take

no further action under this

section if” and substituting “refuse to

investigate a complaint received under subsection (1) if”.

(3) Subclause

107 (6) (a) (

i) of the Act is repealed.

Paragraph 8 of subsection 108 (1) of the Act is repealed.

(1) Subsection 111 (2) of the Act is repealed and the following

substituted:

Power

to inspect

(2) The

Inspector General may cause an inspection to be conducted by an inspector for

the purpose of,

(

a) determining

whether a member of a police service board, an O.P.P. detachment board, or a

First Nation O.P.P. board has committed or is committing misconduct;

(

b) determining

whether a police service board, O.P.P. detachment board, First Nation O.P.P.

board, chief of police, special constable employer, police service or

prescribed policing provider is complying with or has complied with this Act

and the regulations; or

(

c) discharging

any other duties assigned to the Inspector General under this Act or the

regulations.

May

be in response to complaints

(2.1) For

greater certainty, the Inspector General may cause an inspection to be

conducted under subsection (2) to respond to a complaint made under

section 106

or 107.

(2) Subsection

111 (8) of the Act is repealed and the following substituted:

Limitation

on authority

(8) The

Inspector General may limit the inspector’s authority in such manner as the

Inspector General considers necessary or advisable, and any such limitation

shall be identified in the inspector’s certificate of appointment.

(3) Subsection

111 (9) of the Act is amended by striking out “clause (2) (b)” and substituting

“clause (2) (a)”.

Subsection 113 (1) of the Act is amended by striking out “prescribed entity or

the Advisory Council” in the portion before clause (

a) and substituting “or

prescribed entity”.

Clause 114 (1) (

b) of the Act is amended by striking out “a First Nation O.P.P.

board or the Advisory Council” and substituting “or a First Nation O.P.P.

board”.

(1) Paragraphs 3 and 4 of

subsection 115 (1) of the Act are repealed and the following substituted:

3. Require

the production of any thing, document or data, in any form, required to be kept

under this Act or the regulations and of any other thing, document or data, in

any form, related to the purpose of the inspection.

4. Remove

from the place, for the purpose of making copies, things, documents or data

produced under paragraph 3.

(2) Subsection

115 (7) of the Act is repealed and the following substituted:

Closed

meetings

(7) An

inspector has the authority to enter a meeting of a police service board, an

O.P.P. detachment board, a First Nation O.P.P. board or a committee of such a

board for the purpose of monitoring the meeting or conducting an inspection under

this Part, except,

(

a) any

part of the meeting in which the subject matter being considered is advice that

would be inadmissible in a court by reason of any privilege under the law of

evidence; or

(

b) in

prescribed circumstances.

Paragraph 3 of subsection 116 (1) of the Act is repealed and the following

substituted:

3. A

member or employee of an O.P.P. detachment board or a First Nation O.P.P. board.

(1) Subsections 120 (1) to (3) of the Act are repealed and the

following substituted:

SIU

notification

(1) If,

in the course of an inspection under this Part, an inspector becomes aware of

an incident that a designated authority would have a duty to report under

section 16 of the Special Investigations Unit Act, 2019 ,

the inspector shall notify the Inspector General.

Inspector

General’s duty

(1.1) After

receiving notice under subsection (1), the Inspector General shall provide

notice to the SIU Director unless the Inspector General believes that the SIU

Director has already been notified.

Misconduct

notice

(2) If,

in the course of an inspection under this Part, an inspector becomes aware that

a police officer, a special constable employed by the Niagara Parks Commission,

a member of a police service board, an O.P.P. detachment board or a First

Nation O.P.P. board or a peace officer in the Legislative Protective Service

may have engaged in conduct that constitutes misconduct,

(

a) the

inspector shall notify the Inspector General; and

(

b) if

the misconduct is alleged to have been committed by a police officer, a special

constable employed by the Niagara Parks commission or a peace officer in the

Legislative Protective Service, the Inspector General shall notify the

Complaints Director.

Police

criminal offence or incapacity notice

(3) If,

in the course of an inspection under this Part, an inspector reasonably

suspects that a member of a police service may have committed a criminal

offence that does not meet the criteria to notify the SIU Director under

subsection (1) or may be incapable of performing the duties of the member’s

position, the inspector shall notify the Inspector General and, unless the

member is a chief of police or deputy chief of police, the Inspector General

shall notify the member’s chief of police.

(2) Subsection 120 (5) of the Act is

repealed and the following substituted:

Other

persons, criminal offences

(5) If,

in the course of an inspection under this Part, an inspector reasonably

suspects that a member of a police service board, an O.P.P. detachment board or

a First Nation O.P.P. board or a member, director, officer or employee of a

special constable employer, prescribed policing provider or prescribed entity

may have committed a criminal offence, the inspector shall notify the Inspector

General.

Section 122 of the Act is repealed and the following substituted:

Board

member duties during and after investigation

(1) The

Inspector General may direct a member of a police service board, an O.P.P.

detachment board or a First Nation O.P.P. board to decline to exercise their

powers or perform their duties as a member of the board from the period that

begins at the outset of an investigation into the member’s conduct under this

Part and ends on the earlier of the following:

1. The

day the member receives notice from the Inspector General that no further

action will be taken in respect of the investigation.

2. The

day the Inspector General exercises a power under

section 124 as a result of

the investigation.

Not

enough members

(2) If

the application of subsection (1) results in a board not having enough members

able to exercise their powers or perform their duties in order to constitute a

quorum, the Inspector General may appoint the number of persons necessary to

constitute a quorum, who shall act in the place of the members who are unable

to exercise their powers or perform their duties.

Same

(3) The

Inspector General shall,

(

a) specify

in an appointment made under subsection (2) that the appointee may only

exercise such powers or perform such duties as are necessary for the effective

operation of the board during the investigation and, for such purpose, may

specify the powers or duties the appointee may or may not exercise or perform;

and

(

b) cancel

an appointment made under subsection (2) as soon as the period described in

subsection (1) ends.

(1) Subsection 124 (1) of the Act is repealed and the following

substituted:

Inspector

General’s powers

(1) If,

in the opinion of the Inspector General, the report made under subsection 123

(1) discloses evidence that a member of a board has committed misconduct, the

Inspector General may,

(

a) reprimand

the member of the board;

(

b) suspend

the member of the board for a specified period or until the member has complied

with specified conditions; or

(

c) remove

the member from the board.

(2) Subsection

124 (4)