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Bill 68, Comprehensive Ontario Police Services Act, 2019

Jones, Hon. Sylvia Minister of Community Safety and Correctional Services

Royal Assent received. Statutes of Ontario 2019,

chapter 1

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Bill 68 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 68 and does not form part of the law.

Bill 68 has been enacted as

Chapter 1 of the Statutes of Ontario, 2019.

The

Bill enacts, amends or repeals various Acts and revokes various regulations.

The major elements of the Bill are described below.

SCHEDULE

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 the

unique histories and cultures of First Nation, Inuit and Métis communities and

the need to ensure that all parts of Ontario, including First Nation reserves,

receive equitable levels of policing.

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 and 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 Commissioner of the Ontario Provincial Police (the

“Commissioner”) are responsible for providing adequate and effective policing

in their areas of policing responsibility. Adequate and effective policing is

defined in this Part as including various policing functions provided in

accordance with the standards set out in the regulations and with the

requirements of the Canadian Charter of Rights and

Freedoms and the Human Rights Code .

Police

service boards can be divided into municipal boards, maintained by a

municipality, and First Nation boards, 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, the 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 are 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. Some 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 providing extra policing.

This

Part also sets out the rules for temporary assistance and emergency situations.

Part

IV (Municipal Policing and Police Service Boards)

This

Part sets out how municipalities may provide policing and the rules that apply

to police service boards (both municipal boards and First Nation boards).

Municipalities

may provide policing in their municipality in several ways, subject to 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 population 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 the request and may make a regulation

constituting the First Nation board to have policing responsibility for an

area.

The

remainder of the Part sets out the rules that apply to all police service

boards. This includes the process for appointing members to the boards. It also

includes the duties of the police service boards, which include employing

members of the police service and monitoring the chief of police’s performance.

The police service boards also establish policies and prepare strategic plans

for their police services. Rules for liability, committees, meetings, quorum

and other administrative issues are set out.

Municipal

boards and First Nation boards that believe their funding is insufficient may

apply for conciliation or arbitration of the dispute.

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 provisions 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 agreements 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 police service board or the

Minister, as applicable, is required to perform an internal investigation of a

chief of police or deputy chief of police, including of the Commissioner or a

Deputy Commissioner.

The

duties of police officers are set out and the requirements for a person to be

appointed as a police officer are established. 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 out 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 essential 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 secondary 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 of appointment specifying the name of the

employer for whom they may work, the powers of a police officer that they may

exercise, if any, and the purpose for which they may act.

The

Minister may issue authorizations to employ special constables. Special

constable employers have certain duties established by the Act and are required

to investigate conduct of their special constable employees that may contravene

the Act or the regulations. Their authorization to employ special constables

may be suspended or terminated for a variety of reasons, including a failure to

take appropriate action against a special constable employee who may have

contravened the Act or the regulations.

This

Part also provides for the appointment of First Nation Officers. First Nation

Officers are peace officers and have the powers of a police officer for the

purpose of carrying out their duties.

Part

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 regulations 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.

Any

person may complain 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 evidence that a board member or member of

the Advisory Council has committed misconduct, he or she shall report the

findings and may impose a disciplinary measure on the member.

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.

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. The 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 the public

respecting the conduct of police officers, special constables employed by the

Niagara Parks Commission and peace officers in the Legislative Protective

Service.

person may make a complaint to the Complaints Director about the conduct of a

police 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. Certain 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 person 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 this, 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, direct a chief of police

to conduct an investigation that would otherwise be conducted by investigators in

the Law Enforcement Complaints Agency.

The

Complaints Director is also given authority to cause an investigation to be

conducted into the conduct of a police officer, special constable employed by

the Niagara Parks Commission 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 receipt 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 with 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 interest. 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 appropriate 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 respecting 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 under 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 officers 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 than $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

misconduct.

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

procedures. The Inspector General shall assess the complaint and refer it to

the Complaints Director if appropriate.

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 misconduct or unsatisfactory work performance.

Chiefs

of police, police service boards and the Minister may impose different

disciplinary measures on police officers for conduct that constitutes

misconduct or unsatisfactory work performance. Certain disciplinary measures,

such as temporary suspensions, forfeiture of pay and reprimands, can be imposed

directly by the chief, board or Minister. There

are some limits on the ability to impose certain combinations of these

measures. The police officer may request an adjudication hearing to

dispute the disciplinary measure or measures .

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 or measures at

the end of the hearing.

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 if their position would likely

give rise to a conflict of interest in respect of labour relations matters .

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 the 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

possession of a police service. It also sets out the regulation making powers,

which are split between the Lieutenant Governor in Council and the Minister.

Part

XVIII (Self-Amendments)

This

Part includes amendments to the Act to reflect legislative changes that have

not yet come into force.

SCHEDULE

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

Complementary Repeals

The

Schedule repeals the Police Services Act and

several Acts that were contained in the Safer Ontario Act,

2018 .

SCHEDULE

Consequential Amendments

The

Schedule amends various Acts to make consequential amendments reflecting the

content of the Community Safety and Policing Act, 2019 .

SCHEDULE

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 investigations. The SIU Director may

initiate an investigation in two contexts. The first of these is with respect

to an incident in which a person dies or is seriously injured, in which a

firearm is discharged at a person or in which a sexual assault is reported to

have occurred, if the incident may have resulted from the conduct of an

official (subsection 15 (1)). The term “official” is defined as police officers,

special constables employed by the Niagara Parks Commission and peace officers

in the Legislative Protective 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, with specified

limitations. 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 subsection 1

(1) in respect of different types of officials — must immediately notify the

SIU Director of an incident that may be investigated under

section 15 if the

specified circumstances apply. If given notice of an incident, the SIU Director

may cause an investigation into the incident to be conducted, unless the SIU

Director determines that the incident is not within the SIU Director’s power to

investigate under

section 15.

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 $10,000 for a subsequent offence, a term of

imprisonment of not more than one year, or both.

the SIU Director determines, as a result of an investigation under the Act,

that there are reasonable grounds to believe that a person has committed an

offence under the Criminal Code (Canada), the SIU

Director shall cause charges to be laid against the person (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 in 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

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

section 10 of the Act.

Section

16 of the Act is amended to require coroners to offer seized things 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 Chief 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

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 health 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 amended such that

upon 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 the 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 her 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 application.

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 carrying 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 more than $5,000 for every day or part of

a day on which the offence occurs or continues. 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

Act with respect to community safety and policing

CONTENTS

Contents

of this Act

Commencement

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

This Act consists of this section, sections 2 and 3 and the Schedules to this

Act.

Commencement

(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

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

Declaration

of principles

Interpretation

PART II

MINISTER’S

DUTIES AND POWERS

Duties

Minister’s

general duties

Information

Information

to Minister in accordance with regulations

Personal

information

Disclosure

for research purpose

Information

and Privacy Commissioner’s review of practices

Offence

Review

of information provisions

PART III

PROVISION

OF POLICING

Responsibility for Providing Policing

Policing

responsibility

Adequate

and effective policing

Prescribed

policing provider

Use

of Personnel

Members

of police service must provide certain functions

Alternative

provision

Personnel

to meet prescribed qualifications

Special

Areas

Special

areas, provision of policing by Commissioner

Additional Services and Extra Policing

Additional

services

Extra

policing cost

Temporary Assistance and Emergencies

Request

for temporary assistance

Inspector

General powers

Emergencies

PART IV

MUNICIPAL

POLICING AND POLICE SERVICE BOARDS

Methods of Providing Municipal Policing

Methods

of providing municipal policing

Amalgamation

of police services

Agreement

to jointly constitute municipal board

Other

municipal boards

Agreements

for provision of policing between municipalities

Agreement

with First Nation to provide policing

Municipal Diversity Plans

Diversity

plan

Promotion

of appointments by municipality

Dissolution

of municipal board

Municipal

Boards

Municipal

boards

First Nation Boards

First

Nation boards

Appointment of Police Service Board Members

Appointment

Members

appointed by municipality

Oath,

training and conduct

Election

of chair

Police Service Board Duties and Powers

Police

service board duties

Police

service board policies

Strategic

plan

Police

service board directions

Reporting

and information sharing

Administration and Finances

Delegation

Meetings

When

meetings may be closed to public

Evidence

of by-laws

Rules

and procedures

Liability

Protection

from personal liability

Police

service board may contract, sue and be sued

Municipal

board finances

Funding

review, First Nation board

Aid

to survivors of deceased member of municipal police service

Miscellaneous

Termination

to abolish or reduce size of police service

Municipal

fines

Municipal

by-law enforcement officers

PART V

ONTARIO

PROVINCIAL POLICE

Commissioner

Commissioner

Commissioner’s

duties

Annual

report

Minister

Minister’s

O.P.P. duties

Minister’s

policies

Strategic

plan

Minister

directions

Administration and Finances

Liability

Commissioner

policing

Minister

may charge for Commissioner’s services

Aid

to survivors of deceased member of O.P.P.

O.P.P. Detachment Boards

O.P.P.

detachment board

Role

Local

policies

Local

action plan

Estimates,

O.P.P. detachment boards

Ontario Provincial Police

Governance Advisory Council

Ontario

Provincial Police Governance Advisory Council

Functions

of Advisory Council

Meetings

When

meetings may be closed to public

Agreements with First Nations

Agreements

with First Nations to provide O.P.P. policing

First

Nation O.P.P. boards

Duties

and functions of First Nation O.P.P. board

PART VI

POLICE

OFFICERS AND OTHER POLICING PERSONNEL

Chief

of Police

Duties

of chief of police

Power

to disclose personal information

SIU

investigation of member of police service

Police

Officers

Duties

of police officer

Appointment

of police officer

Probationary

period, police service board officer

Oaths

of office and secrecy

Political

activity

Members of Police Services

Qualifications

to hold position

Accommodation

of disability needs

Restrictions

on secondary activities

Police

cadets

Auxiliary

members of police service

Special Constables

Special

constables

Amendment

to certificate of appointment

Suspension

and termination of special constable appointment

Special

constable duties

Notice

if outside area of policing responsibility

Special Constable Employers

Authorization

Duties

of special constable employer

Suspension

or termination of authorization to employ

Special Constables Holding Out

as Police Officers

Holding

out as police officer

First Nation Officers

First

Nation Officers

PART VII

INSPECTOR

GENERAL OF POLICING

Appointment and Duties

Inspector

General of Policing

Annual

report

Information

Information

to Inspector General in accordance with regulations

Personal

information

Complaints

Board

member complaints

Policing

complaints

Forwarding

of complaints

Complaints

by Minister

Interpretation,

portion of a complaint

Inspections

Inspectors

Restrictions

on inspections

Inspection

without order

Inspection

order

Inspection

powers

Power

to require response to inquiries

Detention

of things, documents or data

Privilege

preserved

Confidentiality

Notice

Referral

to other chief of police

Board

member duties during and after investigation

Results of Inspection

Results

of inspection

Inspector

General’s powers

Non-compliance

with Act or regulations

Failure

to comply with Inspector General’s direction

Administrators

Emergency,

interim measure

Offences

Prohibition

PART VIII

LAW

ENFORCEMENT COMPLAINTS AGENCY

Law

Enforcement Complaints Agency

Complaints

Director

Functions

Review

of systemic issues

Rules

Employees

Investigators

Application

of Public Inquiries Act, 2009

Investigation

powers, place owned or occupied by police, etc.

Investigation

powers, other places

Records

or things removed

Copy

admissible

Liaisons

Collection,

use and disclosure of personal information

Annual

report

Confidentiality

Protection

from personal liability

PART IX

ONTARIO

POLICE ARBITRATION AND ADJUDICATION COMMISSION

Composition

of Arbitration and Adjudication Commission, etc.

Commission

Chair

Fees

for adjudicators

Costs

of adjudication hearings

PART X

PUBLIC

COMPLAINTS

Interpretation

Application

Part

Determination

of public interest in an investigation

Public

Complaints

Public

complaints

Forwarding

complaints to the Complaints Director

Complaints

from another province or territory

Review

of complaints

Refusal

to investigate

Investigation

of complaints

Withdrawal

of complaint

Power to Investigate Absent a Complaint

Investigation

in absence of complaint

Notices

Investigations

Postponement

due to criminal investigation or proceeding

Discontinuance

of investigation

Investigation

timing

Investigation

report

Determination

of no misconduct

Determination

of misconduct

Other

Matters

Informal

resolution

Effect

of resignation on complaint, investigation

Termination

of officers appointed under Interprovincial Policing Act, 2009

Costs

of investigations

Special

Investigations Unit

Notice

to Inspector General

Duty

of chief of police to notify Complaints Director

Notice

to extra-provincial commander

Public

statements by Complaints Director

Duty

to comply

Prohibitions

Offences

and penalty

Protection

from giving testimony

PART XI

RIGHT

TO REPORT MISCONDUCT

Application

Disclosure

despite conflict with other Acts

Disclosure Procedures

Disclosure

procedures

Reporting

of misconduct

Disclosure to the Inspector General

Disclosure

to Inspector General

Disclosure

to SIU Director

Initial

assessment by Inspector General

Allegation

of criminal conduct

Dealing

with disclosure of misconduct

Protection from Reprisals

reprisals

Complaint

about reprisal

PART XII

DISCIPLINE

AND TERMINATION

Non-Application

Non-application

Agreements

Procedures

Assessment

and discipline procedures

Misconduct

Misconduct

Inducing

misconduct and withholding services

Mandatory Notice of Misconduct

Duty

to provide notice to Complaints Director

Investigations

Investigation

by chief of police

Postponement

due to criminal investigation or proceeding

Disciplinary Measures and Hearings

Suspension,

forfeit of pay, reprimands, etc.

Procedure

and hearings

Termination

of employment or demotion

Postponement

due to criminal investigation or proceeding

Appeal

to Divisional Court

Agreement

to disciplinary measure after public complaint

Effect

of resignation on investigation, discipline

Expunging

of record

Limitation on Investigations and Discipline

Limitation

on investigations, discipline

Suspension

Suspension

with pay

Suspension

without pay

Powers

on suspension

Termination of Probationary Police Officers

Termination

of employment during probationary period

Evidence

Police

officer not required to give evidence

Miscellaneous

Application

of Statutory Powers Procedure Act

Reports

of chief of police

Transition

Transition

PART XIII

LABOUR

RELATIONS

Definition and Application

Definition,

Part XIII

Non-employees

of police service boards

Police Associations

Duty

of fair representation

Membership and Status

Restriction

on membership in police association

Membership

in trade union prohibited for certain members

Dispute

re person’s status

Bargaining and Arbitration

Separate

bargaining, etc., separate categories

Notice

of desire to bargain

Bargaining

committee

Appointment

of conciliation officer

Arbitration

Dispute,

appointment of conciliation officer

Arbitration

after conciliation fails

Extension

of time

Restriction

Non-application

of Arbitration Act, 1991

Agreements,

decisions and awards binding

Duration

of agreements, decisions and awards

Provision

for expenditures

Transition;

continuation of proceedings

Inquiries

Inquiry,

alleged contravention

PART XIV

TRANSFER

OF ASSETS BETWEEN PENSION PLANS

Interpretation

Agreement

governing transfers

Duty

to file agreement

Eligibility

of police service employees

Employee’s

consent to transfer of assets

PART XV

COURT

SECURITY

Court

security

Powers

of person providing court security

Offences

Powers

not affected

Privilege

preserved

PART XVI

COMMUNITY

SAFETY AND WELL-BEING PLANS

Preparation and Adoption

Municipal

community safety and well-being plan

First

Nation community safety and well-being plan

Preparation

of plan by municipality

Content

of community safety and well-being plan

Publication

of community safety and well-being plan

Implementation

of community safety and well-being plan

Reporting and Revision

Monitoring,

evaluating and reporting

Revision

by municipality

Miscellaneous

Information

to Minister

Community

safety and well-being planner

PART XVII

REGULATIONS

AND MISCELLANEOUS

Property

in possession of police service

Money

Firearms

Regulations

Public

consultation before making L.G. in C. regulations

Crown

bound

PART XVIII

SELF-AMENDMENTS

Self-amendments

PART XIX

COMMENCEMENT

AND

SHORT TITLE

Commencement

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 freedoms guaranteed by

the Canadian Charter of Rights and Freedoms and the

Human Rights Code .

3. The

need for co-operation between policing providers and the communities they

serve.

4. The

importance of respect for victims of crime and understanding of their needs.

5. The

need for sensitivity to the pluralistic, multiracial and multicultural

character of Ontario society.

6. The

need to be responsive to the unique histories and cultures of First Nation,

Inuit and Métis communities.

7. The

need to ensure that police services and police service boards are

representative of the communities they serve.

8. The

need to ensure that all parts of Ontario, including First Nation reserves,

receive equitable levels of policing.

Interpretation

(1) In this Act,

“adequate

and effective policing” has the meaning set out in subsection 11 (1);

(“services policiers convenables et efficaces”)

“Advisory

Council” means the Ontario Provincial Police Governance Advisory Council

established under subsection 72 (1); (“Conseil consultatif”)

“Arbitration

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 board 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 Ontario Provincial Police appointed under

subsection 56 (1), and includes an acting Commissioner; (“commissaire”)

“community

safety and well-being plan” means a community safety and well-being plan

described in

section 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 other information, to identify the individual; (“anonymiser”)

“First

Nation” means a band as defined in the Indian Act

(Canada); (“Première Nation”)

“First

Nation board” means a board constituted under

section 32; (“commission de

Première Nation”)

“First

Nation Officer” means a person appointed under

section 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 the 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”)

“municipal

board” means 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

information” 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 members 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 police

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 Act 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 of

Ontario, including any agency thereof,

(

b) a

municipality,

(

c) a

local board as defined in subsection 1 (1) of the Municipal

Act, 2001 or subsection 3 (1) of the City of

Toronto Act, 2006 ,

(

d) a

municipally-controlled corporation as defined in

section 223.1 of the Municipal Act, 2001 , and

(

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

subsection 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 ,

(

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 of Oxford and not its

lower-tier municipalities be considered a municipality for the purpose of every

provision of this Act and the regulations other than sections 25 and 55, but,

having made such an agreement, the councils cannot subsequently revoke it.

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 than 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

(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 that employ First Nation Officers, O.P.P. detachment

boards, First Nation O.P.P. boards and police associations in respect of

policing, the administration of police services and related matters, including,

(

i) the

effectiveness, efficiency, sustainability and legitimacy of different methods

of providing policing, and,

(ii) compliance

with the Canadian Charter of Rights and Freedoms

and the Human Rights Code ;

(

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 development, 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

training 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

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 Ministry 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

(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 the 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 administrators 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 specified 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

(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.

Personal

information limited to what is reasonably necessary

(3) The

Minister shall not collect or use more personal information under subsection

(1) than is reasonably necessary to meet the purpose of the collection or use.

Accuracy

(4) Before

using personal information collected under subsection (1), the Minister shall

take reasonable steps to ensure that the information is as accurate as is

necessary for the purpose of the use.

Practices

and procedures

(5) The

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

(

a) not

more than one unit of the Ministry is prescribed 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, and to maintain the confidentiality of the information, and

(ii) that

are approved by the Information and Privacy Commissioner.

De-identification

(6) Where

personal information has been collected by the Minister under subsection (1),

the prescribed unit of the Ministry shall, subject to the additional

requirements, if any, that are prescribed, and in accordance with the practices

and procedures approved by the Information and Privacy Commissioner under

subclause (5) (b) (ii),

(

a) create

a record containing the minimal amount of personal information necessary for

the purpose of de-identifying the information and linking it to other

information in the custody or control of the Minister; and

(

b) de-identify

the personal information.

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 or 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

Complaints 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

(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,

(

i) an

application in writing,

(ii) a

research plan that meets the requirements of subsection (3), and

(iii) a

copy of the decision of a research ethics board that approves the research

plan; and

(

b) enters

into an agreement with the Minister that complies with the prescribed

requirements.

Research

plan

(3) A

research plan must be in writing and must set out,

(

a) the

affiliation of each person involved in the research;

(

b) the

nature and objectives of the research and the public or scientific benefit of

the research that the researcher anticipates; and

(

c) any

other prescribed matters related to the research.

Consideration

by board

(4) When

deciding whether to approve a research plan that a researcher submits to it, a

research ethics board shall consider the matters that it considers relevant,

including,

(

a) whether

the objectives of the research can reasonably be accomplished without using the

personal information that is to be disclosed;

(

b) whether,

at the time the research is conducted, adequate safeguards will be in place to

protect the privacy of the individuals whose personal information is being

disclosed and to preserve the confidentiality of the information;

(

c) the

public interest in conducting the research and the public interest in

protecting the privacy of the individuals whose personal information is being

disclosed; and

(

d) whether

obtaining the consent of the individuals whose personal information is being

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 whether the board approves the plan, and whether the

approval is subject to any conditions, which must be specified in the decision.

Requirements

on researcher

(6) A

researcher who receives personal information about an individual under this

section shall,

(

a) comply

with the conditions, if any, specified by the research ethics board under

subsection (5);

(

b) use

the information only for the purposes set out in the research plan as approved

by the research ethics board;

(

c) not

publish the information in a form that could reasonably enable a person to

ascertain the identity of the individual;

(

d) not

disclose the information except as required by law and subject to the

exceptions and additional requirements, if any, that are prescribed;

(

e) not

make contact or attempt to make contact with the individual, directly or

indirectly, unless the Minister first obtains the individual’s consent to being

contacted;

(

f) notify

the Minister immediately in writing if the researcher becomes aware of any

breach of this subsection or the agreement described in clause (2) (b);

(

g) comply

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

(

h) comply

with the prescribed requirements.

Information

and Privacy Commissioner’s review of practices

(1) The Information and Privacy

Commissioner,

(

a) may,

from time to time, review the practices of the Minister to determine if the

requirements of sections 5 and 6 have been met; and

(

b) shall

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

b) every three

years after they are first approved under subclause 5 (5) (b) (ii) and, after

the review, the Commissioner may renew the approval.

Duty

to assist

(2) The

Minister shall co-operate with and assist the Information and Privacy

Commissioner in the conduct of a review under subsection (1).

Powers

of Information and Privacy Commissioner

(3) The

Information and Privacy Commissioner may require the production of 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 the Information and Privacy

Commissioner, shall provide whatever assistance is reasonably necessary,

including using any data storage, processing or retrieval device or system to

produce a record in readable form.

Orders

(5) If,

after giving the Minister an opportunity to be heard, the Information and

Privacy Commissioner determines that a practice contravenes

section 5 or 6 the

Information and Privacy Commissioner may order the Minister to do any of the

following:

1. Discontinue

the practice.

2. Change

the practice as specified by the Information and Privacy Commissioner.

3. Destroy

personal information collected or retained under the practice.

4. Implement

a new practice as specified by the Information and Privacy Commissioner.

Limit

on certain orders

(6) The

Information and Privacy Commissioner may order, under paragraph 2 or 4 of

subsection (5), no more than what is reasonably necessary to achieve compliance

with sections 5 and 6.

Offence

(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

(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

(1) The police service

boards and the Commissioner shall provide adequate and effective policing in

the area for which they have policing responsibility in accordance with the

needs of the population in the area and having regard for the diversity of the

population in the area.

Municipal

board policing responsibility

(2) The

area for which a municipal board has policing responsibility shall be

determined in accordance with

Part IV.

First

Nation board policing responsibility

(3) The

area for which a First Nation board has policing responsibility shall be

specified in the regulation made under

section 32 constituting the board.

Commissioner

policing responsibility

(4) The

Commissioner has policing responsibility for every area of Ontario that is

outside the areas for which the police service boards have policing

responsibility.

First

Nation reserve in area of policing responsibility

(5) For

greater certainty, a municipal board, 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, or 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 continue to have policing

responsibility for a First Nation reserve that would otherwise be within a

municipal board’s area of policing responsibility if,

(

a) the

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

section came into force; and

(

b) no

agreement has been made under

section 27 to assign policing responsibility for

the reserve to a municipal board.

Adequate

and effective policing

(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 requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code :

1. Crime

prevention.

2. Law

enforcement.

3. Maintaining

the public peace.

4. Emergency

response.

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 being provided, in accordance with the standards for adequate and

effective policing, by the First Nation Officers.

Prescribed

policing provider

(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:

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

(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

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

(1) If the regulations so provide, 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 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 subsection (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 crime prevention, 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.

Prescribed

requirements

(4) 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

(5) The

Commissioner requires the Minister’s approval to enter into an agreement under

subsection (1) or (2).

Contents

of an agreement

(6) 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.

Same

(7) If

an agreement under subsection (2) is with a prescribed entity that is not an

institution within the meaning of the Freedom of

Information and Protection of Privacy Act or the Municipal

Freedom of Information and 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 (8); 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

(8) 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;

(

b) the

Ministry, in the case of an agreement with the Commissioner.

Non-application

(9) Subsections

(7) and (8) do not apply to an entity if subsection 97 (9) applies to the

entity.

Copy

to Inspector General

(10) The

police service board or the Commissioner shall provide a copy of every

agreement made under subsection (1) or (2) to the Inspector General.

Compliance

with prescribed requirements

(11) 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

(12) 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 (11).

Personnel

to meet prescribed qualifications

15 The Commissioner, every police service board

and every prescribed policing provider 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

(1) If, because of the

establishment of a business or for any other reason, special circumstances or

abnormal conditions in an area make it inequitable, in the Minister’s opinion, to

impose the responsibility for policing on a police service board or the

Commissioner, the Lieutenant Governor in Council may make regulations

designating the area as a special area.

Agreement

for provision of policing

(2) The person who operates

the business or owns the special area shall enter into a written 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 service board that has

policing responsibility for the area shall provide adequate and effective

policing in the area and charge the policing costs to the person.

Recovery

of costs

(4) Subsections

19 (8) to (11) apply with necessary modifications to the charges referred to in

subsection (3) of this section.

Additional Services and Extra Policing

Additional

services

(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 required 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

(1) A person who causes a

temporary increase in the cost of providing adequate and effective policing in

an area by organizing an event, such as a parade or festival, engaging in an

activity that involves the closure of a highway, engaging in a commercial

enterprise or engaging in any other prescribed activity, may be charged for the

cost of that temporary increase by,

(

a) a

police service board, if its police service provided the policing; or

(

b) the

Minister, if the Commissioner provided the policing.

Agreement

(2) The

police service board or the Minister may enter into an agreement with the

person referred to in subsection (1) to recover the increase in the cost of

providing adequate and effective policing.

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

(1) A police service board

may, by resolution, request temporary assistance in providing adequate and

effective policing from another police service board, the Commissioner or an

entity that employs First Nation Officers.

Same,

Commissioner

(2) The

Commissioner may request temporary assistance in providing adequate and

effective policing from a police service board or an entity that employs First

Nation Officers.

Temporary

assistance notice

(3) If a police service

board or the Commissioner makes a request for temporary assistance under this

section,

(

a) he,

she or it shall provide notice of the request as soon as possible to the

Inspector General and, in the case of a 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 may

request that the Commissioner, another chief of police or an entity that

employs First Nation Officers provide emergency assistance with policing if the

chief of police is of the opinion that an emergency exists in the area for

which the police service board has policing responsibility or, in the case of

the Commissioner, the area for which 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:

1. If

the request is made to the Commissioner, he or she shall provide such temporary

or emergency assistance as he or she considers necessary and shall stop

providing the assistance when he or she considers it appropriate to do so.

2. If

the request is made to a police service board, a chief of police other than the

Commissioner or an entity that employs First Nation Officers, the board, chief

or entity may,

i. decline

to provide the assistance, or

ii. provide

such temporary or emergency assistance as he, she or it considers necessary and

stop providing the assistance when he, she or it considers it appropriate to do

so.

May

include policing functions

(7) Despite

section 13, temporary or emergency assistance provided under this

section may

include the provision of policing functions.

Cost,

police service board or entity

(8) If no agreement has

been entered into with respect to the cost of the temporary or emergency

assistance provided under this section, the police service board, or entity

that employs First Nation Officers, that provided the assistance may certify

the cost of the assistance provided, and the cost shall be paid by the

requesting police service board or, in the case of a request by the

Commissioner, by the Minister.

Same

(9) An

amount owed to a police service board or to an entity that employs First Nation

Officers for providing temporary or emergency assistance under this section, if

not collected by other means, may be recovered by a court action as a debt due

to the police service board or entity, respectively.

Dispute

(10) A

debtor may dispute the amount claimed in a court action commenced under

subsection (9), and the court shall determine the issue and make such order as

it considers appropriate in the circumstances.

Cost,

Commissioner

(11) Section

65 applies to the cost of temporary or emergency assistance provided by the

Commissioner.

Cost,

chief of police request

(12) Subsections

(8) to (11) apply to a request by a chief of police, other than the

Commissioner, for emergency assistance under subsection (5) as if the request

was made by the chief’s police service board.

Inspector

General powers

(1) The Inspector General may make

an order requiring a police service board or the Commissioner to provide

policing in an area if he or she finds that adequate and effective policing is

not being provided in the area or that an emergency exists in the area.

Rules

(2) The following rules

apply to orders made under subsection (1):

1. If

the order is made to the Commissioner, he or she shall provide policing in the

area until the Inspector General determines otherwise.

2. If

the order is made to a police service board, the board may,

i. decline

to provide the policing, or

ii. provide

policing in the area as it considers necessary and stop providing the policing

when it considers it appropriate to do so.

Cost

(3) If

a police service board, or the Commissioner, is ordered by the 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

failed to provide the policing, and subsections 19 (8) to (11) apply with

necessary modifications to the recovery of the cost of the policing.

Emergencies

(1) In an emergency, the

Minister may make an agreement with the Crown in right of Canada, or of another

province, or with any of its agencies for the provision of policing.

Authority

to act as police officers

(2) The agreement

authorizes all peace officers to whom it relates to act as police officers in

the area to which the agreement relates.

Application

(3 ) For the

purposes of the insurance plan established under the Workplace

Safety and 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 without the consent of the chief of police.

PART IV

Municipal Policing and Police Service Boards

Methods of Providing Municipal Policing

Methods

of providing municipal policing

(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 board to have the board assume

policing responsibility for the municipality by requesting an amendment to the

regulation that constituted the board under

section 32.

Same

— different methods in one municipality

(2) In the circumstances

listed in subsection (3) and with the Minister’s approval, the 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 historically 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 the 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).

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 police 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

substantially 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

(1) Multiple municipalities

that have municipal boards may enter into a written agreement to amalgamate

their police services and jointly constitute a new municipal board.

Authorization

required

(2) The agreement must be

authorized by by-laws of the 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

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 clauses 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 service 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

(1) Multiple municipalities

may enter into a written agreement to jointly constitute a municipal board.

Authorization

required

(2) The agreement must be

authorized by by-laws of the 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 clauses 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

(1) This

section applies to any

municipality, as defined in subsection 1 (1) of the Municipal

Act, 2001 , that is not listed in the definition of a municipality in

subsection 2 (3) of this Act.

Ability

to constitute municipal board

(2) A

municipality described in subsection (1) may, with the Minister’s approval,

constitute a municipal board to have policing responsibility for the

municipality.

Criteria

for Minister’s approval

(3) The

Minister may approve the new municipal board under subsection (2) if he or she

is satisfied that the new board will provide adequate and effective policing

for the foreseeable future.

Same

(4) Without

restricting the matters the Minister may consider when deciding whether to

approve a municipal board under subsection (3), the Minister shall consider the

effect of the approval on the entity that would otherwise have policing responsibility

for the area and on any other municipalities that might be affected by the

decision.

Agreements

for provision of policing between municipalities

(1) Two municipalities may

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 subsection (1) may select

a person to advise the other municipality’s board with respect to the

preparation of its strategic plan.

Term

of office

(3) The term of office for

a person selected to advise another municipality’s board shall be set by the

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 office of the municipal council that selected him or her until the selection

of his or her successor, and is eligible for reappointment.

Protection

from liability

(5) No action or other

proceeding for damages shall be instituted against a person selected to advise

another municipality’s board for any 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

(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

(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

(1) If the need to appoint a new

member of a police service board by resolution of a municipality is reasonably

foreseeable, the municipality shall take reasonable steps to promote the

availability of the appointment 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 police service boards to members of demographic groups that

have been historically underrepresented on police service boards, including

racialized groups and First Nation, Inuit and Métis communities.

Reports

by Minister

(3) The

Minister shall publish an annual report 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

(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

(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, 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) one

member 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) 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;

(

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 of 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 reducing 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

(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).

Application

to joint boards

(3) Subject

to the regulations, the provisions of this Act that apply to First Nation

boards apply, with necessary 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 council 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 responsibility 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 First 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 required 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.

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

agreement 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 arbitration 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 Minister decides to amend or revoke the regulation after considering the

comments provided under 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