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Bill 95, Independent Ontario Provincial Police Commissioner Appointment Act, 2019

Des Rosiers, Nathalie

Schreiner, Mike

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Debates

Acts affected

Original

Bill 95 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Police Services Act and the Community Safety and Policing Act, 2019 to enact a Commissioner

Appointment Advisory Committee.

Both

Acts are amended to require the Commissioner of the Ontario Provincial Police

to be appointed on recommendation. These recommendations will be derived from a

list of potential candidates prepared by the new Commissioner Appointment

Advisory Committee.

This

Committee is charged with advertising a vacancy in the office of the

Commissioner, assessing candidates and preparing a ranked list of at least two

candidates it recommends. The Minister or the Solicitor General can reject this

list and require the Committee to provide a fresh list.

Bill 95 2019

Act to amend the Police Services Act and the Community Safety and Policing Act,

2019 with respect to a Commissioner Appointment Advisory Committee

Her

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

Province of Ontario, enacts as follows:

Police

Services Act

(1) Subsection 17 (1) of the Police Services

Act is repealed and the following substituted:

Commissioner

(1) The

Lieutenant Governor in Council shall, on the recommendation of the Solicitor

General, appoint a Commissioner of the Ontario Provincial Police.

(2) Section

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

Transition

(5) Despite

subsection (1), an appointment of a Commissioner that was made before the day the

Independent Ontario Provincial Police Commissioner

Appointment Act, 2019 received Royal Assent continues to be valid even

if it was not made on the recommendation of the Solicitor General.

The Act is amended by adding the following section:

Commissioner

Appointment Advisory Committee

17.1

(1) When the

Solicitor General receives notice that the office of the Commissioner is or

will become vacant, the Solicitor General shall establish a committee known as

sur la nomination du commissaire in French.

Membership

(2) The

Committee shall be composed of,

(

a) three

persons appointed by the Solicitor General, which must include representatives

of at least two of the following organizations:

(

i) the

Ontario Human Rights Commission,

(ii) the

Ontario Civilian Police Commission,

(iii) the

special investigations unit;

(

b) two

representatives of the Ontario Provincial Police Association recommended to the

Solicitor General by the Association; and

(

c) two

other persons with expertise in policing issues appointed by the Solicitor

General.

Criteria

(3) In

the appointment of members under subsection (2), the Solicitor General shall

recognize the importance of reflecting, in the composition of the Committee as

a whole, Ontario’s linguistic duality and the diversity of its population, including

its First Nation, Inuit and Métis communities and the importance of ensuring

overall gender balance.

Term

of office

(4) The

members hold office for three-year terms and may be reappointed.

Chair

(5) The

Solicitor General shall designate one of the members to chair the Committee for

a three-year term.

Term

of office

(6) The

same person may serve as chair for multiple terms.

Function

(7) The

function of the Committee is to make recommendations to the Solicitor General

for the appointment of individuals to the office of the Commissioner.

Manner

of operating

(8) The

Committee shall perform its function in the following manner:

1. The

Committee shall advertise the vacancy in the office of the Commissioner and

review all applications.

2. The

Committee shall conduct the advertising and review process in accordance with

the criteria it has established and shall, at a minimum, assess the

professional excellence, community awareness and personal characteristics of the

candidates.

3. In

assessing the candidates, the Committee shall recognize the desirability of reflecting

the diversity of Ontario society, including First Nation, Inuit and Métis

communities.

4. The

Committee shall prepare a ranked list of at least two candidates whom it

recommends, with brief supporting reasons.

5. The

Committee may make recommendations from among candidates interviewed within the

preceding year, if there is not enough time for a fresh advertising and review

process.

Qualifications

(9) A

candidate shall not be considered by the Committee unless he or she has

substantial experience in policing and holds or has previously held the rank of

deputy Commissioner or an equivalent rank.

Recommendation

by the Solicitor General

(10) The

Solicitor General shall recommend a candidate who has been recommended by the

Committee to the Lieutenant Governor in Council for appointment to fill a

vacancy for the office of the Commissioner.

Rejection

of list

(11) The

Solicitor General may reject the Committee’s recommendations and require it to

provide a fresh list.

Dissolution

of Committee

(12) The

Committee is dissolved after the Solicitor General accepts its list of

recommendations.

Community

Safety and Policing Act, 2019

(1) Subsection 56 (1) of the Community Safety

and Policing Act, 2019 is repealed and the following substituted:

Commissioner

(1) The

Lieutenant Governor in Council shall, on the recommendation of the Minister,

appoint a Commissioner of the Ontario Provincial Police.

Deputy

commissioners

(1.1) The

Lieutenant Governor in Council may appoint one or more deputy Commissioners.

(2) Section

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

Same

(7) Despite

subsection (1), an appointment of a Commissioner that was made before the day

the Independent Ontario Provincial Police Commissioner

Appointment Act, 2019 received Royal Assent continues to be valid even

if it was not made on the recommendation of the Minister.

The Act is amended by adding the following section:

Commissioner

Appointment Advisory Committee

56.1

(1) When the

Minister receives notice that the office of the Commissioner is or will become

vacant, the Minister shall establish a committee known as the Commissioner

nomination du commissaire in French.

Membership

(2) The

Committee shall be composed of,

(

a) three

persons appointed by the Minister, which must include representatives of at

least two of the following organizations:

(

i) the

Ontario Human Rights Commission,

(ii) the

Law Enforcement Complaints Agency,

(iii) the

Special Investigations Unit;

(

b) two

representatives of the Ontario Provincial Police Association recommended to the

Minister by the Association; and

(

c) two

other persons with expertise in policing issues appointed by the Minister.

Criteria

(3) In

the appointment of members under subsection (2), the Minister shall recognize

the importance of reflecting, in the composition of the Committee as a whole, Ontario’s

linguistic duality and the diversity of its population, including its First

Nation, Inuit and Métis communities and the importance of ensuring overall

gender balance.

Term

of office

(4) The

members hold office for three-year terms and may be reappointed.

Chair

(5) The

Minister shall designate one of the members to chair the Committee for a

three-year term.

Term

of office

(6) The

same person may serve as chair for multiple terms.

Function

(7) The

function of the Committee is to make recommendations to the Minister for the

appointment of individuals to the office of the Commissioner.

Manner

of operating

(8) The

Committee shall perform its function in the following manner:

1. The

Committee shall advertise the vacancy in the office of the Commissioner and

review all applications.

2. The

Committee shall conduct the advertising and review process in accordance with

the criteria it has established and shall, at a minimum, assess the

professional excellence, community awareness and personal characteristics of the

candidates.

3. In

assessing the candidates, the Committee shall recognize the desirability of

reflecting the diversity of Ontario society, including First Nation, Inuit and

Métis communities.

4. The

Committee shall prepare a ranked list of at least two candidates whom it

recommends, with brief supporting reasons.

5. The

Committee may make recommendations from among candidates interviewed within the

preceding year, if there is not enough time for a fresh advertising and review

process.

Qualifications

(9) A

candidate shall not be considered by the Committee unless he or she has

substantial experience in policing and holds or has previously held the rank of

deputy Commissioner or an equivalent rank.

Recommendation

by the Minister

(10) The

Minister shall recommend a candidate who has been recommended by the Committee

to the Lieutenant Governor in Council for appointment to fill a vacancy for the

office of the Commissioner.

Rejection

of list

(11) The

Minister may reject the Committee’s recommendations and require it to provide a

fresh list.

Dissolution

of Committee

(12) The

Committee is dissolved after the Minister accepts its list of recommendations.

Commencement

and

Short Title

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Sections

3 and 4 come into force on the later of the day subsection 56 (1) of

Schedule 1

to the Comprehensive Ontario Police Services Act, 2019

comes into force and the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Independent Ontario

Provincial Police Commissioner Appointment Act, 2019 .

Date Bill stage Event Outcome Committee

April 3, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

April 3, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 95

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Community Safety and Policing Act, 2019

Police Services Act

Legislative Assembly of Ontario

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