p42 s1 bill 68 b068 e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 68

An Act with respect to community safety and policing The Hon. S. Jones Minister of Community Safety and Correctional Services Government Bill 1st Reading February 19, 2019 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill enacts, amends or repeals various Acts and revokes various regulations. The major elements of the Bill are described below.

SCHEDULE 1 COMMUNITY SAFETY AND POLICING ACT, 2019 The

Schedule enacts the Community Safety and Policing Act, 2019.

Part I (Principles and

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

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

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

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

In this case, t he prescribed policing provider is to provide the policing function, instead of or along with the police service board or the Commissioner. Members of the police service, or persons acting under their direction, must be used to deliver the policing functions that a re the components of adequate and effective policing, unless the regulations provide otherwise. The regulations may allow a police service board or the Commissioner to enter into agreements with other police service boards, the Commissioner or prescribed entities to have them provide certain policing functions.

So me policing functions may only be provided by members of a police service or persons assisting those members while acting under their direction. The responsibility for ensuring that the standards for adequate and effective policing are met remains with the police service board or Commissioner. Rules are set out for the provision of policing in special areas, agreements for additional services and the cost of providin g extra policing. This Part also sets out the rules for temporary assistance and emergency situations.

Part IV (Municipal Policing and Police Service Boards) This Part sets out how municipalities may provide policing and the rules that apply to police service boards (both municipal boards and First Nation boards). Municipalities may provide policing in their municipality in several ways, subject to the Minister’s approval. Municipal councils that maintain a municipal board are required to prepare a diversity plan to ensure that the board members are representative of the diversity of the popu lation in the area. Rules respecting the name and size of municipal boards are set out.

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

ii The remainder of the Part sets out the rules that apply to all police service boards. This includes the process for appointin g members to the boards. It also includes the duties of t he police service boards, which include employing members of the police service and monitoring the chief of police’s performance. The police service boards also establish policies and prepar e strategic plans for their police services. Rules for liability, committees, meetings, quorum and other administrative issues are set out.

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

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

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

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

Members of a police service must meet prescribed qualifications to hold their position, if any such qualifications are set ou t in the regulations. The police service boards and the Commissioner are required to accommodate the needs of a member of a police service who has a disability in accordance with the Human Rights Code. If a police officer is incapable of fulfilling the ess ential duties or requirements of his or her position and cannot be accommodated without undue hardship, the Act sets out a procedure for retiring or terminating the employment of the officer.

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

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

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

Part VII (Inspector General of Policing) The Lieutenant Governor in Council appoints an Inspector General of Policing. The Inspector General’s duties are to monitor and conduct inspections related to compliance with the Act and to deal with certain complaints regarding policing and board members. The Inspector General is entitled to receive prescribed information in accordance with the regulatio ns from certain police entities and to receive certain information on request. The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Inspector General’s duties are set out.

iii Any person may complai n to the Inspector General that a member of one of the boards regulated under the Act, or of the Advisory Council, is not complying with the applicable code of conduct. Complaints may also be made about various other policing matters. The Inspector General is to consider the complaints and, if there are grounds for investigation, investigate them. The Inspector General may appoint inspectors and cause inspections to be conducted. Inspectors have a wide variety of inspection powers, including the power to require responses to their inquiries.

Inspectors report their findings to the Inspector General. If the Inspector General believes that the report discloses eviden ce that a board member or member of the Advisory Council has committed misconduct, he or she sh all report the findings and may impose a disciplinary measure on the member. If the Inspector General believes that the inspector’s report discloses evidence of other non -compliance with the Act, or actions that will likely result in non -compliance, he or she may issue a direction to remedy or prevent the non -compliance or likely non-compliance.

If the direction is not complied with, the Inspector General shall report the findings and may impose a disciplinary measure. In an emergency situation, the Inspector General may impose certain disciplinary measures without notice and without an opportunity to respond. The interim measure may not be in force for longer than the prescribed period. The Part provides offences relating to obstruction of inspectors , failure to provide information and the provision of false or misleading information.

Part VIII (Law Enforcement Complaints Agency) This

Part continues the office of the Independent Police Review Director as the Law Enforcement Complaints Agency, headed by the Complaints Director. Most of the Part deals with the composition of the Agency and other matters respecting the Agency, such as protection from personal liability. The Complaints Director administers the public complaints and investigation regime set out in

Part X of the Act. The Complaints Director may also undertake reviews of issues of a systemic nature that have been the subject of public complaints or investigations under that Part, or that may contribute or otherwise be related to misconduct. Th e related investigation powers of the Complaints Director and of other investigators appointed under the Part are specified. The Part also provides for and governs the collection, use and disclosure of personal information by the Complaints Director in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of policing and the management of public complaints.

Part IX (Ontario Police Arbitration and Adjudication Commission) This

Part continues the Ontario Police Arbitration Commission as the Ontario Police Arbitration and Adjudication Commission. The Arbitration and Adjudication Commission appoints arbitrators for a number of arbitrations under the Act if the parties are unable to agree to one and performs other duties related to arbitrations under the Act. It also appoints adjudicators to hold adjudication hearings respecting many disputes under the Act.

Part X (Public Complaints) This Part provides for the investigation of complaints made by members of th e public respecting the conduct of police officers, special constables employed by the Niagara Parks Commission and peace officers in the Legislative Protective Service. A person may make a complaint to the Complaints Director about the conduct of a polic e officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service. A complaint may be made through an agent or, in specified circumstances, may be made by a person on behalf of another person.

Cert ain persons, such as members of a police service, are restricted from making complaints to the Complaints Director. If a person mistakenly makes a complaint to certain specified persons or entities, including a police service board or the Minister, that pe rson or entity must forward the complaint to the Complaints Director. The Complaints Director is required to review every complaint.

If the Complaints Director determines that the complaint is about the conduct of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service, the Complaints Director shall, subject to specified exceptions, cause the complaint to be investigated. A complaint may be withdrawn, but the Complaints Director may decide to continue to deal with it despite its withdrawal (section 160).

The Part specifies which complaints are to be investigated by investigators in the Law Enforcement Complaints Agency and which are to be investigated by a chief of police. Despite th is, the Complaints Director has discretion to retain complaints rather than direct their investigation by a chief of police, and the Complaints Director may, in specified circumstances, dir ect a chief of police to conduct an investigation that would otherw ise be conducted by investigators in the Law Enforcement Complaints Agency.

iv The Complaints Director is also given authority to cause an investigation to be conducted into the conduct of a police office r, special constable employed by the Niagara Parks Comm ission or peace officer in the Legislative Protective Service in the absence of a complaint, if specified circumstances apply and the Complaints Director determines that an investigation is in the public interest. The specified circumstances include receip t of notice of possible misconduct from the SIU Director or from the Inspector General.

The Part sets out authority for the Complaints Director to postpone the commencement of an investigation, or suspend an investigation, in order to avoid interfering wit h a criminal investigation or proceeding, and sets out circumstances in which the Complaints Director must do so. Also, the Complaints Director may cause an investigation to be discontinued if he or she determines that continuing it is not in the public in terest.

Otherwise, the Complaints Director or the investigating chief of police, as the case may be, is required to endeavour to ensure that investigations are concluded within 120 days of their commencement. The Complaints Director or chief of police must make a written report on the conclusion of every investigation, other than a discontinued investigation.

If the Complaints Director or chief of police determines that there are reasonable grounds to believe that the conduct of the police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service constitutes misconduct, he or she must notify the person’s designated authority, as defined in the Part, for the determination and imposition of any a ppropriate disciplinary measures.

If the Complaints Director or chief of police does not have reasonable grounds to believe that the conduct of the police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service constitutes misconduct, he or she must notify the complainant. If the investigation was conducted by a chief of police, the complainant may require a review of the investigation by the Complaints Director.

The designated authority of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service may at any time attempt to informally resolve a matter that is the subject of a complaint or investigation respecti ng the police officer, special constable or peace officer, subject to the consent of the Complaints Director, the complainant, if any, and the police officer, special constable or peace officer.

The Part addresses other matters related to investigations un der the Part, including rules respecting the bearing of the costs of such investigations. It provides that the Complaints Director must notify the SIU Director of conduct coming within the mandate of the Special Investigations Unit, and that the Complaints Director must notify the Inspector General respecting conduct referred to in subsection 106 (1) or 107 (1).

It also sets out a duty for specified persons, including police officers, special constables employed by the Niagara Parks Commission and peace off icers in the Legislative Protective Service, to comply with reasonable directions or requests of a person conducting an investigation under the Part. A failure to do so constitutes an offence. There are also prohibitions relating to actions that may hinder a complaint or investigation under the Part, and contravention constitutes an offence.

The penalty on conviction in either case is a penalty of a fine of not more t han $5,000 for a first offence or $10,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.

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

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

Part XII (Discipline and Termination) This Part defines misconduct for police officers and special constables, which includes a failure to comply with the applicable code of conduct and other failures to comply with the Act. This Part sets out a duty for chiefs of police, police service boards and the Minister to report misconduct to the Complaints Director in prescribed circumstances. It also sets out investigation provisions respecting conduct that constitutes misconduc t or unsatisfactory work performance.

Chiefs of police, police service boards and the Minister may impose different disciplinary measures on police officers for conduct that constitutes misconduct or unsatisfactory work performance. Certain disciplinary measures, such as tempora ry suspensions, forfeiture of pay and reprimands, can be imposed directly by the chief, board or Minister. The police officer may request an adjudication hearing to dispute the measure. Termination of employment and demotion cannot be imposed directly. Instead, the chief of police, police service board or Minister must request an adjudication hearing to decide the matter.

The adjudicator may order termination, demotion or another disciplinary measure at the end of the hearing.

v Suspensions with pay may be imposed pending the final disposition of certain proceedings. Suspensions without pay may be imposed in more limited circumstances, including convictions for an offence and sentencing to a term of imprisonment, judicial interim release that substantially interferes with the officer’s ability to perform the duties of a police officer and charges for certain serious offences.

Part XIII (Labour Relations) This

Part contains provisions related to police service labour relations. It does not apply to the O.P.P. Membership in trade unions or organizations affiliated with trade unions is prohibited for members of a police service, subject to certain exceptions. Certain members of a police service are prohibited from being or remaining members of a police association. The Part sets out a procedure for bargaining, conciliation and arbitration between the members of a police service and the police service board. Disputes regarding an agreement made under this Part also go through conciliation and arbitration.

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

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

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

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

Part XVIII (Self-Amendments) This

Part includes amendments to the Act to reflect legislative changes that have not yet come into force.

SCHEDULE 2 POLICE SERVICES ACT The

Schedule amends the Police Services Act. Subsection 2 (2) of the Act is amended to provide for any designation of a police force under a regulation made under the federal Cannabis Act. Several amendments are made with respect to community safety and well -being plans. A transition provision allows for plans that were consulted on before January 1, 2019 to be deemed to have met consultation obligations if the Minister determines there is substantial compliance.

The consultation provisions are amended to require the chief of police of a police force that provides policing in the area , or his or her delegate, to be on the advisory committee . One person may satisfy the requirements set out in multiple paragraphs of the consultation requirements. Plans adopted before changes to

section 145 continue to be valid despite intervening changes to that section.

SCHEDULE 3 COMPLEMENTARY REPEALS The

Schedule repeals the Police Services Act and several Acts that were contained in the Safer Ontario Act, 2018.

SCHEDULE 4 CONSEQUENTIAL AMENDMENTS The

Schedule amends various Acts to make consequential amendments reflecting the content of the Community Safety and Policing Act, 2019.

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SCHEDULE 5 SPECIAL INVESTIGATIONS UNIT ACT, 2019 The

Schedule enacts the Special Investigations Unit Act, 2019. The Act continues the special investigations unit that is part of the Ministry of the Attorney General as a unit outside the Ministry under the name of “ Special Investigations Unit”.

Part VII of the Police Services Act is consequently repealed (section 42). The Crown is bound by the Act (section 3).

Section 1 of the Act deals with interpretive matters, including

definitions such as a definition of “serious injury”. Sections 4 to 14 provide for the continuance of the special investigations unit as the Special Investigations Unit, headed by the Special Investigations Unit Director (“SIU Director”). Sections 6 to 14 deal with the composition of the Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (section 13).

Section 9 provides for and governs the collection, use and disclosure of personal information by the SIU Director in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of policing. Most of the remainder of the Act deals with investi gations. The SIU Director may initiate an investigation in two contexts.

The first of these is with respect to an incident in which a person dies or is seriously injured, in which a firearm is disch arged at a person or in which a sexual assault is reported to have occurred, if the incident may have resulted from the conduct of an official (subsection 15 (1)). The term “official” is defined as police officers, special constables employed by the Niagara Parks Commission and peace officers in the Legislative P rotective Service (subsection 1 (1)). This power to investigate applies even if the official is no longer serving in that position.

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

section 15 may apply to an official with respect to his or her conduct when off -duty, in specified circumstances. Under

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

section 15 if the specified circumstances apply . If given notice of an incident, the SIU Director may cause a n investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under

section 15. The SIU Director may make preliminary inquiries in order to determine whether a matter may be investigated under

section 15 and, if so, whether to do so (section 17). The SIU Director is the lead investigator in the investigation of any incident or matter under the Act, subject to the regulations providing otherwise (section 18).

Sections 19 to 30 set out the mechanics and other elements of the investigations themselves, including securing of the scene (section 20), incident notes and other notes of subject and witness officials (sections 21, 23 and 24), the designation of officials as “subject official” and “witness official” as defined in the Act (section 22), the segregation of officials and limits on their communication during an investigation (section 26), and confidentiality during an investigation (sections 28 and 29).

Section 31 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Special Investigations Unit. A failure to do so constitutes an offence , the penalty on conviction being a fine of not more than $5,000 for a first offence or $1 0,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.

If the SIU Director determines, as a result of an investigation under the Act, that the re are reasonable grounds to believe that a person has committed an offence under the Criminal Code (Canada), the SIU Director shall cause charges to be laid against the person; in the case of an offence under any other law of Canada or under Ontario law, the SIU Director may cause charges to be laid but is not required to (section 32). Sections 33 and 34 address requirements for the SIU Director to give public notice of the results of investigations under the Act.

Investigations are subject to the timing and related notice requirements of

section

Section 38 sets out regulation -making authorities for both the Lieutenant Governor in Council and the Minister responsible for the administration of the Act. Regulations to be made by the Lieutenant Governor i n Council are subject to the consultation requirements set out in

section

Section 40 amends the Act to reflect the commencement of the Community Safety and Policing Act, 2019.

SCHEDULE 6 CORONERS ACT The

Schedule amends the Coroners Act. Certain amendments contained in

Schedule 6 of the Safer Ontario Act, 2018 that have not come into force are repealed. The

Schedule adds multiple

definitions to the Act to accord with the language in the Community Safety and Policing Act, 2019. The language in the Act is amended and updated to include references to auxiliary members, First Nation Officers, police services, special constables and the Special Investigations Unit. Coroners are granted powers to require certain persons to provide information and to inspect and extract information from records or writings when determining whether there is reason to believe a person died in the circumstances set out in

section 10 of the Act.

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Section 16 of the Act is amended to require coroners to offer seized thing s to the police for safekeeping or to keep the item safe if the police do not accept it. The coroner is required to return the item to the person from whom it was seized after the conclusion of the investigation or inquest. New

section 25.1 allows the Chie f Coroner to exercise certain powers in respect of deaths that have been previously investigated or subject to an inquest by a coroner, including the power to cause an investigation into one or more deaths to be conducted for the purpose of preventing further deaths.

SCHEDULE 7 MANDATORY BLOOD TESTING ACT, 2006 The

Schedule amends the Mandatory Blood Testing Act, 2006. Currently,

section 3 of the Act provides that upon receipt of an application made under

section 2, the medical officer of hea lth shall request that a respondent provide certain materials. If the respondent fails to provide the materials within a specified time,

section 3 currently requires the medical officer of health to refer the application to the Board. This

section is amend ed such that up on receipt of an application made under

section 2, the medical officer of health shall immediately refer the application to the Board in addition to requesting that the respondent provide certain materials. Subsection 3 (3) is amended to provide that if th e respondent provides the materials before the Board renders a decision, the Board is not required to further hear the matter or render a decision. Subsection 3 (4) is amended to provide that an applicant may withdraw his or he r application before the Board renders a decision and if an applicant has done so, the Board shall terminate the hearing.

Currently, subsection 4 (3) of the Act provides that the Board shall commence and conclude a hearing within seven days after it receives the referral of the applic ation. This provision is amended to provide that, except in certain circumstances, the timeline is now five business days.

Subsection 6 (2) is added to the Act and provides that a judge of the Superior Court of Justice who grants an order under subsection 6 (1) may, amongst other orders, include authorization for a police officer to provide such assistance as the judge may direct to a physician or a person belonging to a prescribed class of persons authorized to take a blood sample in carryin g out any of his or her responsibilities pursuant to the order.

Currently, subsection 10 (3) of the Act provides that the penalty for a person who is guilty of an offence is a fine of not m ore than $5,000 for every day or part of a day on which the offence occurs or cont inues. The subsection is amended to increase the penalty to a fine of not more than $10,000 for every day or part of a day on which the offence occurs or continues and to provide that a person who is guilty of an offence may also be liable to imprisonment for a term of not more than six months or to both.

Bill 68 2019

An Act with respect to community safety and policing CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Community Safety and Policing Act, 2019

Schedule 2 Police Services Act

Schedule 3 Complementary Repeals

Schedule 4 Consequential Amendments

Schedule 5 Special Investigations Unit Act, 2019

Schedule 6 Coroners Act

Schedule 7 Mandatory Blood Testing Act, 2006 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

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

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

(3) If a

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

Short title 3 The

short title of this Act is the Comprehensive Ontario Police Services Act, 2019.

SCHEDULE 1 COMMUNITY SAFETY AND POLICING ACT, 2019 CONTENTS

PART I PRINCIPLES AND

INTERPRETATION 1. Declaration of principles 2.

Interpretation

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

PART III PROVISION OF POLICING RESPONSIBILITY FOR PROVIDING POLICING 10. Policing responsibility 11. Adequate and effective policing 12. Prescribed policing provider USE OF PERSONNEL 13. Members of police service must provide certain functions 14. Alternative provision 15. Personnel to meet prescribed qualifications SPECIAL AREAS 16. Special areas, provision of policing by Commissioner ADDITIONAL SERVICES AND EXTRA POLICING 17. Additional services 18. Extra policing cost TEMPORARY ASSISTANCE AND EMERGENCIES 19. Request for temporary assistance 20. Inspector General powers 21. Emergencies

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

First Nation boards APPOINTMENT OF POLICE SERVICE BOARD MEMBERS 33. Appointment 34. Members appointed by municipality 35. Oath, training and conduct 36. Election of chair POLICE SERVICE BOARD DUTIES AND POWERS 37. Police service board duties 38. Police service board policies 39. Strategic plan 40. Police service board directions

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

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

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

PART VI POLICE OFFICERS AND OTHER POLICING PERSONNEL CHIEF OF POLICE 79. Duties of chief of police 80. Power to disclose personal information 81. SIU investigation of member of police service POLICE OFFICERS 82. Duties of police officer 83. Appointment of police officer 84. Probationary period, police service board officer 85. Oaths of office and secrecy 86. Political activity MEMBERS OF POLICE SERVICES 87. Qualifications to hold position 88. Accommodation of disability needs 89. Restrictions on secondary activities 90. Police cadets 91. Auxiliary members of police service

4 SPECIAL CONSTABLES 92. Special constables 93. Amendment to certificate of appointment 94. Suspension and termination of special constable appointment 95. Special constable duties 96. Notice if outside area of policing responsibility SPECIAL CONSTABLE EMPLOYERS 97. Authorization 98. Duties of special constable employer 99. Suspension or termination of authorization to employ SPECIAL CONSTABLES HOLDING OUT AS POLICE OFFICERS 100. Holding out as police officer FIRST NATION OFFICERS 101. First Nation Officers

PART VII INSPECTOR GENERAL OF POLICING APPOINTMENT AND DUTIES 102. Inspector General of Policing 103. Annual report INFORMATION 104. Information to Inspector General in accordance with regulations 105. Personal information COMPLAINTS 106. Board member complaints 107. Policing complaints 108. Forwarding of complaints 109. Complaints by Minister 110.

Interpretation, portion of a complaint INSPECTIONS 111. Inspectors 112. Restrictions on inspections 113. Inspection without order 114. Inspection order 115. Inspection powers 116. Power to require response to inquiries 117. Detention of things, documents or data 118. Privilege preserved 119. Confidentiality 120. Notice 121. Referral to other chief of police 122. Board member duties during and after investigation RESULTS OF INSPECTION 123. Results of inspection 124. Inspector General’s powers 125. Non-compliance with Act or regulations 126. Failure to comply with Inspector General’s direction 127. Administrators 128. Emergency, interim measure OFFENCES 129. Prohibition

PART VIII LAW ENFORCEMENT COMPLAINTS AGENCY 130. Law Enforcement Complaints Agency 131. Complaints Director 132. Functions 133. Review of systemic issues 134. Rules 135. Employees 136. Investigators 137. Application of Public Inquiries Act, 2009 138. Investigation powers, place owned or occupied by police, etc. 139. Investigation powers, other places 140. Records or things removed 141. Copy admissible 142. Liaisons 143. Collection, use and disclosure of personal information

5 144. Annual report 145. Confidentiality 146. Protection from personal liability

PART IX ONTARIO POLICE ARBITRATION AND ADJUDICATION COMMISSION 147. Composition of Arbitration and Adjudication Commission, etc. 148. Commission Chair 149. Fees for adjudicators 150. Costs of adjudication hearings

PART X PUBLIC COMPLAINTS 151.

Interpretation 152. Application of

Part 153. Determination of public interest in an investigation PUBLIC COMPLAINTS 154. Public complaints 155. Forwarding complaints to the Complaints Director 156. Complaints from another province or territory 157. Review of complaints 158. Refusal to investigate 159. Investigation of complaints 160. Withdrawal of complaint POWER TO INVESTIGATE ABSENT A COMPLAINT 161. Investigation in absence of complaint 162. Notices INVESTIGATIONS 163. Postponement due to criminal investigation or proceeding 164. Discontinuance of investigation 165. Investigation timing 166. Investigation report 167.

Determination of no misconduct 168. Determination of misconduct OTHER MATTERS 169. Informal resolution 170. Effect of resignation on complaint, investigation 171. Termination of officers appointed under Interprovincial Policing Act, 2009 172. Costs of investigations 173. Special Investigations Unit 174. Notice to Inspector General 175. Duty of chief of police to notify Complaints Director 176. Notice to extra-provincial commander 177. Public statements by Complaints Director 178. Duty to comply 179. Prohibitions 180. Offences and penalty 181. Protection from giving testimony

PART XI RIGHT TO REPORT MISCONDUCT APPLICATION 182. Disclosure despite conflict with other Acts DISCLOSURE PROCEDURES 183. Disclosure procedures 184. Reporting of misconduct DISCLOSURE TO THE INSPECTOR GENERAL 185. Disclosure to Inspector General 186. Disclosure to SIU Director 187. Initial assessment by Inspector General 188. Allegation of criminal conduct 189. Dealing with disclosure of misconduct PROTECTION FROM REPRISALS 190. No reprisals 191. Complaint about reprisal

PART XII DISCIPLINE AND TERMINATION NON-APPLICATION 192. Non-application

6 193. Agreements PROCEDURES 194. Assessment and discipline procedures MISCONDUCT 195. Misconduct 196. Inducing misconduct and withholding services MANDATORY NOTICE OF MISCONDUCT 197. Duty to provide notice to Complaints Director INVESTIGATIONS 198. Investigation by chief of police 199. Postponement due to criminal investigation or proceeding DISCIPLINARY MEASURES AND HEARINGS 200. Suspension, forfeit of pay, reprimands, etc. 201. Procedure and hearings 202. Termination of employment or demotion 203. Postponement due to criminal investigation or proceeding 204. Appeal to Divisional Court 205.

Agreement to disciplinary measure after public complaint 206. Effect of resignation on investigation, discipline 207. Expunging of record LIMITATION ON INVESTIGATIONS AND DISCIPLINE 208. Limitation on investigations, discipline SUSPENSION 209. Suspension with pay 210. Suspension without pay 211. Powers on suspension TERMINATION OF PROBATIONARY POLICE OFFICERS 212. Termination of employment during probationary period EVIDENCE 213. Police officer not required to give evidence MISCELLANEOUS 214. Application of Statutory Powers Procedure Act 215. Reports of chief of police TRANSITION 216. Transition

PART XIII LABOUR RELATIONS DEFINITION AND APPLICATION 217. Definition,

Part XIII 218. Non-employees of police service boards POLICE ASSOCIATIONS 219. Duty of fair representation MEMBERSHIP AND STATUS 220. Restriction on membership in police association 221. Membership in trade union prohibited for certain members 222. Dispute re person’s status BARGAINING AND ARBITRATION 223. Separate bargaining, etc., separate categories 224. Notice of desire to bargain 225. Bargaining committee 226. Appointment of conciliation officer 227. Arbitration 228. Dispute, appointment of conciliation officer 229. Arbitration after conciliation fails 230. Extension of time 231. Restriction 232.

Non-application of Arbitration Act, 1991 233. Agreements, decisions and awards binding 234. Duration of agreements, decisions and awards 235. Provision for expenditures 236. Transition; continuation of proceedings INQUIRIES 237. Inquiry, alleged contravention

PART XIV TRANSFER OF ASSETS BETWEEN PENSION PLANS 238.

Interpretation

7 239. Agreement governing transfers 240. Duty to file agreement 241. Eligibility of police service employees 242. Employee’s consent to transfer of assets

PART XV COURT SECURITY 243. Court security 244. Powers of person providing court security 245. Offences 246. Powers not affected 247. Privilege preserved

PART XVI COMMUNITY SAFETY AND WELL-BEING PLANS PREPARATION AND ADOPTION 248. Municipal community safety and well-being plan 249. First Nation community safety and well-being plan 250. Preparation of plan by municipality 251. Content of community safety and well-being plan 252. Publication of community safety and well-being plan 253. Implementation of community safety and well-being plan REPORTING AND REVISION 254. Monitoring, evaluating and reporting 255. Revision by municipality MISCELLANEOUS 256. Information to Minister 257. Community safety and well-being planner

PART XVII REGULATIONS AND MISCELLANEOUS 258. Property in possession of police service 259. Money 260. Firearms 261. Regulations 262. Public consultation before making L.G. in C. regulations 263. Crown bound

PART XVIII SELF-AMENDMENTS 264. Self-amendments

PART XIX COMMENCEMENT AND

SHORT TITLE 265. Commencement 266.

Short title

PART I PRINCIPLES AND

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

The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society. 6. The need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities. 7. The need to ensure that police services and police service boards are representative of the communities they serve. 8. The need to ensure that all parts of Ontario, including First Nation reserves, receive equitable levels of policing.

Interpretation 2

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

8 “Advisory Council” means the Ontario Provincial Police Governance Advisory Council established under subsection 72 (1); (“Conseil consultatif”) “Arbitration and Adjudication Commission” means the Ontario Police Arbitration and Adjudication Commission continued by subsection 147 (1); (“Commission d’arbitrage et de décision”) “auxiliary member” means a member of a police service appointed under

section 91; (“membre auxiliaire”) “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “chief of police” means a chief of police of a police service maintained by a police service bo ard or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”) “Commission Chair” means the chair of the Arbitration and Adjudication Commission; (“président de la Commission”) “Commissioner” means the Commissioner of the Ontar io Provincial Police appointed under subsection 56 (1), and includes an acting Commissioner; (“commissaire”) “community safety and well -being plan” means a community safety and well -being plan described in

section 251; (“plan de sécurité et de bien-être communautaires”) “Complaints Director” means the Complaints Director appointed under subsection 131 (1); (“ directeur des plaintes”) “de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with othe r information, to identify the individual; (“anonymiser”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “First Nation board” means a board constituted under

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

section 101 as a First Nation Officer; (“agent de Première Nation”) “First Nation O.P.P. board” means a board constituted under

section 77; (“conseil de Première Nation sur la Police provinciale”) “First Nation reserve” means a reserve as defined in the Indian Act (Canada); (“réserve de Première Nation”) “Inspector General” means the Inspector General of Policing appointed under subsection 102 (1); (“inspecteur général”) “local commander” means a chief of police of a police service or a commander of a detachment, or his or her designate; (“commandant local”) “member of a police service” means, (

a) a member of the Ontario Provincial Police, (

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

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

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

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

a) the Commissioner, (

b) a person employed under

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

c) an auxiliary member of the Ontario Provincial Police; (“membre de la Police provinciale de l’Ontario”) “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “misconduct” means, (

a) in the case of a police officer or special constable, misconduct as set out in

section 195, (

b) in the case of a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or t he Advisory Council, a failure to comply with the applicable prescribed code of conduct, or (

c) in the case of a peace officer in the Legislative Protective Service, a failure to comply with the applicable rules of conduct; (“faute”)

9 “municipal board” mea ns a board constituted by a municipality or municipalities under

section 22, 23, 24 or 25; (“commission municipale”) “O.P.P. detachment board” means a board referred to in

section 67; (“conseil de détachement de la Police provinciale”) “personal informatio n” has the same meaning as in the Freedom of Information and Protection of Privacy Act ; (“renseignements personnels”) “police association” means, (

a) the Ontario Provincial Police Association, or (

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

a) a municipal board, or (

b) a First Nation board; (“commission de service de police”) “policing function” means a function listed in subsection 11 (1) or a part of one of those functions; (“fonction policière”) “prescribed” means prescribed by the regulations; (“prescrit”) “prescribed policing provider” means a public sector body that is an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Ac t and that is prescribed to provide a policing function in an area in accordance with

section 12; (“prestataire de services policiers prescrit”) “public sector body” means, (

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

b) a municipality, (

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

d) a municipally-controlled corporation as defined in

section 223.1 of the Municipal Act, 2001, and (

e) a city -controlled corporation as defined in

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

section 6 and that meets the prescribed requirements; (“commission d’éthique de la recherche”) “SIU Director” means the Special Investigations Unit Director appointed under subsect ion 5 (1) of the Special Investigations Unit Act, 2019; (“directeur de l’UES”) “special constable” means a person appointed as a special constable under

section 92; (“agent spécial”) “special constable employer” means a person authorized to employ special constables under

section 97; (“employeur d’agents spéciaux”) “spouse” means, (

a) a spouse as defined in

section 1 of the Family Law Act, or

10 (

b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”) “trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”) “youth crime” means offences, within the meaning of the Youth Criminal Justice Act (Canada), committed by a person while they were a young person within the meaning of that Act. (“délinquance juvénile”) Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a specific police service

(2) For the purposes of sections 89 and 258 to 260 of this Act,

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

section 2 of the Controlled Drugs and Substances Act (Police Enforcement) Regulations (Canada) or subsection 2 (1) of the Cannabis Act (Police Enforcement) Regulations (Canada), a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be, (

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

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

c) otherwise, a member of the Ontario Provincial Police. Meaning of municipality

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

a) a single-tier municipality; (

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

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

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

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

interpretation in context

(5) In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires. Hearing not required unless referred to

(6) Nothing in this Act, other t han the provisions of

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

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

(1) The Minister shall, (

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

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

c) support operations for the purpose of delivering policing functions; (

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

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

11 (

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

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

g) conduct research and analysis to inform policy and program devel opment, system planning and the evaluation of service delivery and outcomes in respect of policing, public complaints and related matters; (

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

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

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

k) provide advice to ministries and Crown agencies concerning security risks and mitigation strategies; (

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

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

m) develop and maintain education and training standards for use in the education and tr aining of persons who provide policing functions and other persons governed by this Act; (

n) operate the Ontario Police College; and (

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

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

(3) The Minister may charge fees for training provided by the Minis try for a purpose set out in clause (1) (l), including training provided by the Ontario Police College. INFORMATION Information to Minister in accordance with regulations 4

(1) Police service boards, chiefs of police, special constable employers, prescribed policing providers , the Complaints Director and administrators appointed under

Part VII shall provide the Minister with information prescribed by the Minister that is related to the discharge of the Minister’s duties under subsection 3 (1) at th e frequency and in the manner set out in the regulations made by the Minister. Information to Minister on request

(2) Police service boards, chiefs of police, special constable employers, prescribed policing providers , the Complaints Director and administ rators appointed under

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

(3) The information requested under subsection (2) shall be provided in the form and manner and within the time spe cified in the Minister’s request. Chief of police may decline

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

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

(1) The Minister may collect personal information under subsection 4 (1) or (2), directly or indirectly, only if the collection is necessary for the purpose of discharging the Minister’s duties under clause 3 (1) (b), (c), (e), (g), (h), (

j) or (k). Other information serves purpose

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

12 Personal information limited to what is reasonably necessary

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

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

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

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

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

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

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

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

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

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

section or

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

h) or (k). Link

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

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

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

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

b) any other method that may be prescribed. Rights of access and correction

(12) Nothing in this

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

(1) This

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

section 5. Circumstances for disclosing personal information

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

a) submits to the Minister,

13 (

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

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

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

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

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

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

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

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

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

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

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

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

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

section shall, (

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

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

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

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

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

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

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

h) comply with the prescribed requirements. Information and Privacy Commissioner’s review of practices 7

(1) The Information and Privacy Commissioner, (

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

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

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

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

14 Powers of Information and Privacy Commissioner

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

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

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

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

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

(1) No person shall, (

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

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

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

a) in the case of a first offence, to a fine of not more than $5,000; or (

b) in the case of a second or subsequent offence, to a fine of not more than $10,000. Review of information provisions 9

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

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

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

(4) The Minister shall publish the report on the Internet.

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

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

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

Part IV.

15 First Nation board policing responsibility

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

section 32 constituting the board. Commissioner policing responsibility

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

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

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

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

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

section came into force; and (

b) no agreement has been made under

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

(1) Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations, including the standards with respect to the avoidance of conflicts of interest, and with the requirem ents of the Canadian Charter of Rights and Freedoms and the Human Rights Code: 1. Crime prevention. 2. Law enforcement. 3. Maintaining the public peace. 4. Emergency response. 5. Assistance to victims of crime. 6. Any other prescribed policing functions. Does not include certain functions

(2) Adequate and effective policing does not include, (

a) the enforcement of municipal or First Nation by-laws, other than prescribed by-laws; and (

b) providing court security in accordance with

Part XV. Exceeding standards

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

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

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

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

b) is a specialized policing function. Provision by prescribed policing providers

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

16 1. The prescribed policing provider shall provide the policing function in the area in accordance with the standards for adequate and effective policing. 2. The police service board, or the Commissioner, that has policing responsibility for the area, i. is not responsible for providing the policing function in the area, ii. shall not provide the policing function in the area if the regulations so provide, and iii. shall cooperate with the prescribed policing provider to enable it to perform the policing function in the area in accordance with the standards for adequate and effective policing. USE OF PERSONNEL Members of police service must provide certain functions 13

(1) Subject to

section 14, a police service board must use members of the police service maintained by the police service board, or persons who are assisting those members while acting under their direction, to provide policing functions. Same

(2) Subject to

section 14, the Commissioner must use members of the Ontario Provincial Police, or persons who are assisting those members while acting under their direction, to provide policing functions. Alternative provision Provision by other police service board or the Commissioner 14

(1) If the regulations so provide, a police service board or the Commission er may provide a policing function in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with another police service board or the Commissioner to provide the policing function in the area with members of that other board’s police service or members of the Ontario Provincial Police, as applicable, or persons assisting those members while acting under their direction. Provision using prescribed entity

(2) If the regulations so provide and subject to subs ection (3), a police service board or the Commissioner may provide a policing function in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with a prescribed entity to have the entity provide the policing function in the area. Provision of certain functions

(3) A police service board or the Commissioner shall only use members of a police service, or persons assisting those members while acting under their direction, to provide a policing function that , (

a) is a law enforcement, emergency response or maintaining the public peace policing function; and (

b) requires the exercise of the powers of a peace officer or a police officer. Provision by First Nation Officers

(4) An agreement under subsection (2) to have First Nation Officers provide a policing function in an area may be made even if the regulations do not specifically permit it, and the regulations cannot specify that such an agreement cannot be made. Prescribed requirements

(5) A police service board or the Commissioner shall comply with any prescribed requirements in relation to entering into an agreement under this section. Minister’s approval required

(6) The Commissioner requires the Minister’s approval to enter into an agreement under s ubsection (1) or (2). Contents of an agreement

(7) An agreement under subsection (1) or (2) must, (

a) identify the policing functions that will be provided under the agreement; (

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

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

d) in the case of an agreement under subsection (2), contain an acknowledgment by the entity that it is subject to inspection by the Inspector General; and (

e) address any other prescribed matters.

17 Same

(8) If an agreement under subsection (2) is with a prescribed entity th at is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, or is not subject to comparable legislation in another jurisdiction, it must also address, (

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

b) the protection of personal information in the custody or control of the entity that is related to the provision of policing functions under the agreement. Prescribed entity records

(9) If a prescribed entity is not an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act , the entity’s records relating to the provision of policing functions pursuant to an agreement made under subsection (2) are, for the purposes of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act , as applicable, deemed to be in the custody and control of, (

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

b) the Ministry, in the case of an agreement with the Commissioner. Non-application (10) Subsections (8) and (9) do not apply to an entity if subsection 97 (9) applies to the entity. Copy to Inspector General

(11) The police service board or the Commissioner shall provide a copy of every agree ment made under subsection (1) or (2) to the Inspector General. Compliance with prescribed requirements

(12) A prescribed entity shall comply with any prescribed requirements in relation to the collection, use or disclosure of personal information. Responsibility of board or Commissioner

(13) The police service board or the Commissioner, as applicable, shall ensure, (

a) that the policing provided pursuant to an agreement made under subsection (1) or (2) meets the standards for adequate and effective policing; and (

b) in the case of an agreement made under subsection (2), that the prescribed entity complies with subsection (12). Personnel to meet prescribed qualifications 15 The Commissioner, every police service board and every prescribed policing pr ovider shall ensure that any people used to provide a policing function meet the prescribed qualifications, if any. SPECIAL AREAS Special areas, provision of policing by Commissioner 16

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

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

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

18 ADDITIONAL SERVICES AND EXTRA POLICING Additional services 17

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19 1. If the request is made to the Commissioner, he or she sha ll provide such temporary or emergency assistance as he or she considers necessary and shall stop providing the assistance when he or she considers it appropriate to do so. 2. If the request is made to a police service board, a chief of police other than the Commissioner or an entity that employs First Nation Officers, the board, chief or entity may, i. decline to provide the assistance, or ii. provide such temporary or emergency assistance as he, she or it considers necessary and stop providing the assistance when he, she or it considers it appropriate to do so. May include policing functions

(7) Despite

section 13, temporary or emergency assistance provided under this

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

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

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

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

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

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

(2) The following rules apply to orders made under subsection (1): 1. If the order is made to the Commissioner, he or she shall provide policing in the area until the Inspector Gene ral determines otherwise. 2. If the order is made to a police service board, the board may, i. decline to provide the policing, or ii. provide policing in the area as it considers necessary and stop providing the policing when it considers it appropriate to do so. Cost

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

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

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

20 Application

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

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

(5) Subject to

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

section is in force, no member of a police service that has policing responsibility for the area to which the agreement relates shall resign wit hout the consent of the chief of police.

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

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

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

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

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

section 32. Same — different methods in one municipality

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

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

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

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

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

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

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

21 Maintaining police service

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

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

section 27 or 76. Transition

(9) Despite subsection (1), any poli ce service board that provided policing immediately before the day subsection (1) came into force, (

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

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

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

(1) Multiple municipalities that have municipal boards may enter i nto a written agreement to amalgamate their police services and jointly constitute a new municipal board. Authorization required

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

(3) The agreement must specify, (

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

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

a) or (6) (a), (iii) which municipal ity shall appoint a member if the head described in subclause (ii) refuses or is not eligible to become a member of the board, and (iv) which municipality shall appoint the members of the board under clause s 31 (4) (

b) and (c), (5) (

b) and (

c) or (6) (

b) and (

c) or how those appointments shall be allocated among the municipalities; (

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

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

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

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

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

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

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

(1) Multiple municipalities may enter into a written agreement to jointly constitute a municipal board.

22 Authorization required

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

(3) The agreement must specify, (

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

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

a) or (6) (a), (iii) which municipality shall appoint a member if the head described in subclause (ii) refuses or is not eligible to become a member of the board, and (iv) which municipality shall appoint the members of the board under clause s 31 (4) (

b) and (c), (5) (

b) and (

c) or (6) (

b) and (

c) or how those appointments shall be allocated among the municipalities; (

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

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

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

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

(1) This

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

(2) A municipality described in subsection (1) may, with t he Minister’s approval, constitute a municipal board to have policing responsibility for the municipality. Criteria for Minister’s approval

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

(4) Without restricting the matters the Minister may consider when deciding whether to approve a municipal board under subsection (3), the Minister shall consider the effe ct of the approval on the entity that would otherwise have policing responsibility for the area and on any other municipalities that might be affected by the decision. Agreements for provision of policing between municipalities 26

(1) Two municipalities m ay enter into a written agreement to have one of the municipalities’ municipal boards assume policing responsibility for the municipality. Advisors to municipal board

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

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

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

23 Protection from liability

(5) No action or other proceeding for damages shall be instituted against a person selected t o advise another municipality’s board for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act or for any alleged omission in the execution in good faith of that duty or power. Termination requirements

(6) A municipality that has entered into an agreement under subsection (1) shall comply with the prescribed requirements, if any, respecting termination of the agreement. Agreement with First Nation to provide policing 27

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

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

(3) When the agreement comes into effect, (

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

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

(4) A municipality that has entered into an agreement under subsection (1) shall comply with the prescribed requirements, if any, respecting termination of the agreement. MUNICIPAL DIVERSITY PLANS Diversity plan 28

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

(2) The plan shall be published on the Internet in accordance with the regulations made by the Minister, if any. Review and revision

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

(4) The municipality shall publish reports on the implementation of the plan on the Internet in accordance with the regulations made by the Minister, if any. Transition

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

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

(1) If t he 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 to members of demographic groups that have been historically underrepresented on police service boards, including racialized groups and First Nation, Inuit and Métis communities. Promotion by Minister

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

24 Reports by Minister

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

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

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

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

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

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

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

(3) The municipality may determine, by resolution, that its municipal board shall be composed of five, seven or nine members. Five-member boards

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

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

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

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

d) two persons appointed by the Lieutenant Governor in Council. Seven-member boards

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

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

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

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

d) three persons appointed by the Lieutenant Governor in Council. Nine-member boards

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

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

25 (

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

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

d) four persons appointed by the Lieutenant Governor in Council. L.G. in C. vacancies

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

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

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

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

(9) If the municipality increases the size of its municipal board, the appointments for all members of the board continue and new members shall be appointed to meet the requirements set out in subsections (4) to (6). Not enough eligible municipal council members

(10) If the requirements of clause (4) (a), (4) (b), (5) (a), (5) (b), (6) (

a) or (6) (

b) cannot be satisfied because not enough members of the municipal council are eligible to be members of the board, the municipality may, instead, appoint persons who are neither a member of the municipal council nor an employee of the municipality to the extent necessary to ensure that the full number of persons are appointed under those clauses. Transition, existing members

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

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

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

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

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

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

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

b) if the application of subsection (2) has the effect of increasing the number of members of the municipal board, the procedure in subsection (9) shall be followed. FIRST NATION BOARDS First Nation boards 32

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

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

26 Application to joint boards

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

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

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

b) the composition of the proposed board; (

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

d) the name of the proposed board; and (

e) the proposed term of office of members of the proposed board. Minister’s request

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

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

(7) The Minister may make regulations, (

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

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

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

d) governing appointments to the First Nation board; (

e) governing the term of office of members of the First Nation board. Consistency with request

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

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

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

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

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

(11) The Minister shall not amend or revoke a regulation made under subsection (7) unless the Minister is satisfied that appropriate arrangements that satisfy any prescribed requirements have been made for the First Nations that are in the First Nation board’s area of policing re sponsibility to receive adequate and effective policing after the amendment or revocation takes effect and at least one of the following conditions is met: 1.

The amendment or revocation is consistent with a request from all of the band councils of the Fi rst Nations that are in the First Nation board’s area of policing responsibility. 2. There has been a material change in the circumstances on which the regulation is based. 3. The First Nation board was dissolved under

section 126. 4. The amendment is r equired to give effect to an agreement between the First Nation board and a municipality to have the First Nation board assume policing responsibility for the municipality. 5. The amendment is editorial or technical in nature.

27 Limitation on revocation

(12) In addition to the requirements set out in subsection (11), the Minister shall not revoke a regulation made under subsection (7) unless he or she is satisfied that, (

a) the police service board and the members of the police service have made an agreeme nt dealing with severance pay; or (

b) the issue of severance pay has been referred to arbitration. Arbitration

(13) If the issue of severance pay cannot be referred to arb itration under

Part XIII, the board or the members of the police service may apply to the Commission Chair to appoint an arbitrator. Extension to other First Nation reserve

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

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

(16) If the Mi nister decides to amend or revoke the regulation after considering the comments provided un der subsection (15), the Minister shall provide written reasons for his or her decision to the entities that received the notice. Agreements with First Nation boards

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

(18) An agreement under subsection (17) may address any other matters, including the mediation, arbitration or resolution of disputes that may arise in relation to the agreement. No contracting out of arbitration

(19) For greater certainty, an agreement under subsection (17) cannot override the arbitration process set out in

section 51. APPOINTMENT OF POLICE SERVICE BOARD MEMBERS Appointment Considerations 33

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

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

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

c) any applicable diversity plan. Police record check

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

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

(4) The following persons are not eligible to be members of a police service board: 1. A judge or justice of the peace. 2. A member of a police service, a special constable or a First Nation Officer.

28 3. Any person who practises criminal law as a defence counsel or as a prosecutor. 4. A director, officer or employee of a prescribed policing provider. Former members of a police service

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

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

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

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

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

(8) The Minister shall make recommendations to the Lieutenant Governor in Council regarding appointments to police service boards in accordance with the regulations, if any. Transition (9) Subsections (4) and (5) do not prevent a person who was a member of a police service board immediately before those subsections came into force from serving the remainder of their term. Members appointed by municipality Term of office 34

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

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

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

b) the day the member’s successor is appointed by the municipality. Vacancy

(3) If the position of a member of a municipal board who is appointed by resolution of a municipality or who holds office by virtue of being the head of a municipality becomes vacant, t

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 68 b068 e.pdf
Type	bill
Volume / chapter	p42 s1 bill 68 b068 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	a3479b345f719d0036f7728299f1d92f430dba0c

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