Bill 105, Police Services Amendment Act, 1997

Runciman, Hon. Robert W. Solicitor General and Minister of Correctional Services

Versions

Police Services Amendment Act, 1997

EXPLANATORY NOTE

The Bill amends the Police Services Act. It also makes some minor amendments with respect to police services to the District Municipality of Muskoka Act, the Municipal Act, the Private Investigators and Security Guards Act and the Regional Municipalities Act.

Amendments to the Police Services Act

The amendments to the Police Services Act are summarized below.

Municipal responsibility to provide police services

The current Act requires municipalities generally to provide adequate and effective police services in accordance with their needs. The Bill expands on this by requiring adequate and effective police services to include, at a minimum, crime prevention, law enforcement, assistance to victims of crime, public order maintenance and emergency response. Municipalities must also provide all the necessary infrastructure and administration (eg., vehicles, buildings) associated with police services. The Lieutenant Governor in Council may make regulations governing standards for adequate and effective police services.

The current Act exempts small towns and designated villages and townships from the obligation to provide adequate and effective police services. Except for one remaining exemption for the County of Oxford, these exemptions are repealed.

Municipalities are given more flexibility in how they are to meet their obligation to provide police services. In the current Act, a municipality may amalgamate its police force with one other force, may share police services with one other municipality or may establish a joint police services board with one other municipality. The Bill allows municipalities to amalgamate, share or create joint boards with more than one other municipality. Similarly, under the current section 10 of the Act, a municipality may contract with the Solicitor General and Minister of Correctional Services to have the Ontario Provincial Police provide police services; under the Bill, two or more municipalities may contract together for the services of the O.P.P.

If a municipality does not provide for its own police services or contract for the services of the O.P.P., the O.P.P. must provide police services to the municipality. The cost of such services will be established by regulation and may be deducted from any provincial grant to the municipality or recovered in a court action.

The assistance given by the O.P.P. to a municipality under section 9 of the Act is specified to be of a temporary or emergency nature and the Commissioner of the O.P.P. is given the power to determine when to stop providing temporary or emergency assistance.

The O.P.P. is authorized, with the Solicitor General's approval, to charge municipalities, law enforcement agencies and prescribed corporations and organizations for any service it provides to them.

Municipal governance of police forces

The composition of police services boards is altered; one member of every board is to be a person who is neither a municipal council member nor a municipal employee and who is appointed by the municipal council.

The term of office of municipal appointees to boards is tied to the term of the council that makes the appointment.

Added to the list of persons who cannot be a member of a police services board are police officers and defence lawyers. The Lieutenant Governor in Council may by regulation prescribe other classes of persons who are ineligible to sit on a police services board.

The Lieutenant Governor in Council may make regulations governing the selection and appointment of board members, prescribing training courses for board members, standards for such courses and a code of conduct for board members.

The composition of joint boards is also set out in the Bill. Like regular boards, they will have one member who is neither a municipal council member nor a municipal employee and who is appointed by agreement of the participating municipalities. Whether a joint board has three, five or seven members depends on the combined populations of the participating municipalities. The current Act permits the formation of a joint board only if the combined population of the municipalities exceeds 5,000. This population threshold is removed.

Under the Bill, municipal councils are required to establish the budget for their police service boards and, in doing so, they are not bound to adopt the estimates prepared by the boards. A board may ask the Ontario Civilian Commission on Police Services to hold a hearing to determine the question if the board is not satisfied that the budget is sufficient to maintain an adequate number of members of the police force or to provide the police force with adequate equipment or facilities.

Municipalities that are provided police services by the O.P.P., other than those that contract for such services, need not have a police services board. They may establish community policing advisory committees to advise their O.P.P. detachment commander respecting objectives and priorities for their police services in consultation with the detachment commander.

Provincial oversight of police forces

The Ontario Civilian Commission on Police Services is continued, with some changes to its structure: its composition will be determined by regulation; the Lieutenant Governor in Council may designate vice-chairs as well as a chair; the chair will determine the number of members, which could be as few as one, that constitutes a quorum; the chair is authorized to delegate powers and duties to employees, as well as members of the Commission. The Commission is given some new powers: it may, on its own motion, conduct inquiries in respect of complaints made about the policies of or services provided by a police force or in respect of complaints made about the conduct of a police officer, and the disposition of such complaints by chiefs of police and police services boards; it may, on its own motion, intervene at any stage in the complaints process and assign the review or investigation of or hearing into a complaint to another police force; it may conduct reviews, as requested by a complainant, into dispositions of complaints by a chief of police or board.

Complaints process

Parts V and VI of the current Act are repealed and replaced by a new Part V dealing with complaints. The new Part V provides as follows:

Complaints may be made by a member of the public about the policies of or services provided by a police force or about the conduct of a police officer, including the conduct of a chief of police or deputy chief of police. The chief of police may make a complaint about the conduct of a police officer.

Public complaints may be made only by the person directly affected by the policy, service or conduct that is the subject of the complaint.

The chief of police must, within 30 days of a complaint being made, characterize the complaint as being about the police force or about a police officer and ensure that the complaint is referred to the appropriate person or body to be dealt with. Frivolous or vexatious complaints need not be dealt with. The chief has another 30 days (or until after a decision by the Commission, if the complainant asks the Commission to review the characterization of the complaint) to review or investigate the complaint.

A complaint about a police officer's conduct may lead to a hearing if, after an investigation, the chief or, in the case of the conduct of a chief or deputy chief, the board, is of the opinion that the conduct may constitute misconduct or unsatisfactory work performance. If, however, the chief or board is of the opinion that the misconduct or unsatisfactory work performance was not of a serious nature, the complaint may be disposed of without a hearing. A complainant or police officer may appeal the decision of the chief or board after a hearing to the Ontario Civilian Commission on Police Services. A police officer may grieve a decision made without a hearing, and a chief of police or deputy chief of police may dispute such decision before a single mediator-arbitrator.

The penalties that may be imposed for misconduct or unsatisfactory work performance are essentially the same as the penalties for misconduct in the current Act. However, the same penalties are set out as applicable to chiefs and deputy chiefs of police. And the chief of police and board are given the additional power to reprimand the officer, direct that he or she undergo counselling, treatment or training or participate in a program or activity.

A complainant may ask the board to review a complaint about the policies of or services provided by a municipal police force or O.P.P. detachment if he or she is not satisfied with the chief's or detachment commander's disposition of the complaint.

A complainant may ask the Commission to review, without holding a hearing, any of the following decisions: the nature of the complaint (ie. is it about the force or about a police officer); the complaint is frivolous or vexatious; the complainant is not directly affected by the policy, service or conduct that is the subject of the complaint; the complaint is unsubstantiated; there was misconduct or unsatisfactory work performance, but it was not of a serious nature.

A police officer or complainant may appeal the disposition of a conduct complaint, after a hearing, to the Commission. A further appeal lies to Divisional Court.

As in the current Act, Part V also provides for a police officer's suspension with pay if he or she is suspected or or charged with a criminal offence and suspension without pay if convicted of a criminal offence and sentenced to imprisonment.

Miscellaneous

The Commission's powers with respect to the appointment of auxiliary members of a police force and special constables are transferred to the Solicitor General and Minister of Correctional Services.

References in the current Act to "municipal by-law enforcement officers" are changed to "municipal law enforcement officers".

In section 42 of the current Act, a police officer's duties are said to include prosecuting. This is deleted, though participating in prosecutions remains as a duty.

The restriction in the current Act on police officers engaging in secondary activities is extended to apply to chiefs of police, who must get the permission of the board to engage in such activity.

Amendments to Other Acts

The amendments to the District Municipality of Muskoka Act and the Regional Municipalities Act are consequential to the amendments to section 4 of the Police Services Act.

The Municipal Act is amended to provide that the municipality that was responsible for delivering a prisoner to a correctional institution is also responsible for conveying the prisoner from the institution to a hearing or proceeding and back.

The Private Investigators and Security Guards Act is amended to provide that it does not apply to a person, other than a Crown employee, who is appointed as a bailiff under the Ministry of Correctional Services Act but it does apply to a special constable who is not a member of a police force and who is escorting a prisoner between correctional institutions and courts.

Bill 105 1997

An Act to renew the partnership between

the province, municipalities and the

police and to enhance community safety

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Amendments to the Police Services Act

1. (1) The definition of "board" in section 2 of the Police Services Act is amended by striking out "except in Part VI" in the first line.

(2) The definition of "Commissioner" in section 2 of the Act is amended by striking out "except in Part VI" in the first line.

(3) The definition of "police officer" in section 2 of the Act is amended by striking out "a by-law enforcement officer" in the fourth line and substituting "a municipal law enforcement officer".

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

"Solicitor General" means the Solicitor General and Minister of Correctional Services or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. ("solliciteur général")

2. (1) Subsection 3 (1) of the Act is amended by striking out "except Part VI" in the first line.

(2) Clause 3 (2) (g) of the Act is amended by inserting "community policing advisory committees" after "boards" in the first line.

(3) Clause 3 (2) (i) of the Act is amended by inserting "community policing advisory committees" after "boards" in the first line.

3. Section 4 of the Act, as amended by the Statutes of Ontario, 1994, chapter 1, section 25, is repealed and the following substituted:

Police services in municipalities

4. (1) Every municipality to which this subsection applies shall provide adequate and effective police services in accordance with its needs.

Core police services

(2) Adequate and effective police services must include, at a minimum, all of the following police services:

1. Crime prevention.

2. Law enforcement.

3. Assistance to victims of crime.

4. Public order maintenance.

5. Emergency response.

Infrastructure for police services

(3) In providing adequate and effective police services, a municipality shall be responsible for providing all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies.

Application of subsection (1)

(4) Subsection (1) applies to,

(a) cities, towns, villages and townships (other than area municipalities within district, regional or metropolitan municipalities); and

(b) district municipalities, regional municipalities and metropolitan municipalities.

Exception, Oxford County

(5) Subsection (1) does not apply to the County of Oxford but does apply to its area municipalities.

4. Section 5 of the Act is repealed and the following substituted:

Methods of providing municipal police services

5. A municipality's responsibility to provide police services shall be discharged in one of the following ways:

1. The board may appoint the members of a police force under clause 31 (1) (a).

2. The council may enter into an agreement under section 33 with one or more other councils to constitute a joint board and the joint board may appoint the members of a police force under clause 31 (1) (a).

3. The council may enter into an agreement under section 6 with one or more other councils to amalgamate their police forces.

4. The council may enter into an agreement under section 10, alone or jointly with one or more other councils, to have police services provided by the Ontario Provincial Police.

5. With the Commission's approval, the council may adopt a different method of providing police services.

5. The Act is amended by adding the following section:

If municipality fails to provide police services

5.1 (1) If a municipality does not provide police services by one of the ways set out in section 5, the Ontario Provincial Police shall provide police services to the municipality.

Municipality to pay for O.P.P. services

(2) A municipality that is provided police services by the Ontario Provincial Police under subsection (1) shall pay the Minister of Finance for the services, in the amount and the manner provided by the regulations.

Same

(3) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

Community policing advisory committee

(4) One or more municipalities served by the same Ontario Provincial Police detachment that provides police services under this section may establish a community policing advisory committee.

Composition

(5) If a community policing advisory committee is established, it shall be composed of one delegate for each municipality that is served by the same Ontario Provincial Police detachment and that chooses to send a delegate.

Functions

(6) A community policing advisory committee shall advise the detachment commander of the Ontario Provincial Police detachment assigned to the municipality or municipalities, or his or her designate, with respect to objectives and priorities for police services in the municipality or municipalities.

Term of office

(7) The term of office for a delegate to a community policing advisory committee shall be as set out by the council in his or her appointment, but shall not exceed the term of office of the council that appointed the delegate.

Same, and reappointment

(8) A delegate to a community policing advisory committee may continue to sit after the expiry of the term of office of the council that appointed him or her until the appointment of his or her successor, and is eligible for reappointment.

Protection from liability

(9) No action or other proceeding for damages shall be instituted against a community policing advisory committee or a delegate to a community policing advisory committee for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty.

6. (1) Subsection 6 (1) of the Act is amended by inserting "the councils of" after "Act" in the first line.

(2) Clause 6 (2) (a) of the Act is repealed and the following substituted:

(a) the establishment and, subject to section 33, the composition of a joint board for the amalgamated police force.

(3) Clause 6 (2) (c) of the Act is amended by striking out "amalgamated" in the first line and substituting "joint".

(4) Subsection 6 (4) of the Act is amended by inserting "joint" after "a" in the first line.

7. Section 7 of the Act is repealed and the following substituted:

Municipal agreements for sharing police services

7. (1) Two or more boards may agree that one board will provide some police services to the other or others, on the conditions set out in the agreement.

Limitation

(2) Two or more boards may not agree under subsection (1) that the police force of one board will provide the other board or boards with all the police services that a municipality is required to provide under section 4.

8. (1) Subsection 9 (8) of the Act is repealed and the following substituted:

Assistance of O.P.P.

(8) When a request is made under this section, the Commissioner shall have the Ontario Provincial Police give such temporary or emergency assistance as he or she considers necessary and shall have the Ontario Provincial Police stop giving temporary or emergency assistance when he or she considers it appropriate to do so.

(2) Subsection 9 (9) of the Act is amended by striking out "Treasurer of Ontario" at the end and substituting "Minister of Finance".

(3) Subsection 9 (10) of the Act is repealed and the following substituted:

Same

(10) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

9. Section 10 of the Act is repealed and the following substituted:

Municipal agreements for provision of police services by O.P.P.

10. (1) The Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police.

Board required

(2) In order for a municipality to enter into an agreement under this section, the municipality must have a board.

Same

(3) In order for two or more municipalities to enter into an agreement under this section, the municipalities must have a joint board.

Transition

(4) If an agreement under this section was entered into, before section 9 of the Police Services Amendment Act, 1997 comes into force, by a municipality that did not have a board at the time, the agreement remains valid and enforceable despite subsection (2), but the agreement may not be renewed unless the municipality has a board.

Collective bargaining

(5) No agreement shall be entered into under this section if, in the Solicitor General's opinion, a council seeks the agreementfor the purpose of defeating the collective bargaining provisions of this Act.

Duties of O.P.P.

(6) When the agreement comes into effect, the Ontario Provincial Police detachment assigned to the municipality or municipalities shall provide police services for the municipality or municipalities, and shall perform any other duties, including by-law enforcement, that are specified in the agreement.

Payment into Consolidated Revenue Fund

(7) The amounts received from municipalities under agreements entered into under this section shall be paid into the Consolidated Revenue Fund.

Collection of amounts owed

(8) The amount owed by a municipality under the agreement, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

Role of board

(9) If one or more municipalities enters into an agreement under this section, the board or joint board shall advise the Ontario Provincial Police detachment commander assigned to the municipality or municipalities, or his or her designate, with respect to police services in the municipality or municipalities and shall,

(a) participate in the selection of the detachment commander of the detachment assigned to the municipality or municipalities;

(b) generally determine objectives and priorities for police services, after consultation with the detachment commander or his or her designate;

(c) establish, after consultation with the detachment commander or his or her designate, any local policies with respect to police services (but the board or joint board shall not establish provincial policies of the Ontario Provincial Police with respect to police services);

(d) monitor the performance of the detachment commander;

(e) receive regular reports from the detachment commander or his or her designate on disclosures and decisions made under section 49 (secondary activities);

(f) review the detachment commander's administration of the complaints system under Part V and receive regular reports from the detachment commander or his or her designate on his or her administration of the complaints system.

Non-application of certain sections

(10) If one or more municipalities enters into an agreement under this section, section 31 (responsibilities of board), section 38 (municipal police force) and section 39 (estimates) do not apply to the municipality or municipalities.

10. Section 12 of the Act is repealed.

11. Subsection 13 (3) of the Act is amended by striking out "Subsections 10 (4) and (5)" at the beginning and substituting "Subsections 10 (6) and (7)".

12. Subsection 15 (2) of the Act is amended by striking out "Municipal by-law enforcement officers" in the first line and substituting "Municipal law enforcement officers".

13. (1) Paragraph 1 of subsection 19 (1) of the Act is amended by striking out "by-law enforcement officers" in the third and fourth lines and substituting "municipal law enforcement officers".

(2) Section 19 of the Act is amended by adding the following subsections:

O.P.P. may charge for services

(3) The Ontario Provincial Police may, with the approval of the Solicitor General, charge a municipality, a law enforcement agency or any prescribed corporation or organization for any service it provides to them under this Act.

Payment into Consolidated Revenue Fund

(4) The amounts received pursuant to a charge imposed under subsection (3) shall be paid into the Consolidated Revenue Fund.

Collection of amounts owed

(5) The amount owed pursuant to a charge imposed under subsection (3), if not collected by other means, may be recovered by a court action, with costs, as a debt due to Her Majesty and, if the amount is owed by a municipality, may be deducted from any grant payable to the municipality out of provincial funds.

14. Section 21 of the Act is repealed and the following substituted:

Commission continued

21. (1) The commission known in English as the Ontario Civilian Commission on Police Services and in French as Commission civile des services policiers de l'Ontario is continued.

Composition

(2) The Commission shall consist of such members as are appointed by the Lieutenant Governor in Council.

Chair, vice-chairs

(3) The Lieutenant Governor in Council may designate one of the members of the Commission to be the chair and one or more members of the Commission to be vice-chairs.

Employees

(4) Such employees as the Commission considers necessary to carry out its duties may be appointed under the Public Service Act.

Delegation

(5) The chair may authorize a member or employee of the Commission to exercise the Commission's powers and perform its duties with respect to a particular matter, but the authority conferred on the Commission by sections 23 and 24 may not be delegated.

Quorum

(6) The chair shall determine the number of members of the Commission that constitutes a quorum for any purpose, and may determine that one member constitutes a quorum.

Annual report

(7) After the end of each calendar year, the Commission shall file with the Solicitor General an annual report on its affairs.

Expenses

(8) The money required for the Commission's purposes shall be paid out of the amounts appropriated by the Legislature for that purpose.

Protection from personal liability

(9) No action or other proceeding for damages shall be instituted against a member of the Commission for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of that duty.

Transition

(10) The members of the Commission who are in office immediately before section 14 of the Police Services AmendmentAct, 1997 comes into force may continue to be members until the expiry of their terms.

15. (1) The French version of clause 22 (1) (d) of the Act is amended by striking out "au maintien de l'ordre" in the second and third lines and substituting "à l'exécution de la loi".

(2) Clause 22 (1) (e) of the Act is repealed and the following substituted:

(e) conducting inquiries, on its own motion, in respect of a complaint or complaints made about the policies of or services provided by a police force or about the conduct of a police officer and the disposition of such complaint or complaints by a chief of police or board;

(e.1) conducting reviews under section 71, at the request of a complainant, into the decision that a complaint is about the policies of or services provided by a police force or is about the conduct of a police officer, that a complaint is frivolous, vexatious or unsubstantiated, that the complainant was not directly affected by the policy, service or conduct that is the subject of the complaint or that the misconduct or unsatisfactory work performance was not of a serious nature;

(e.2) making recommendations with respect to the policies of or services provided by a police force by sending the recommendations, with any supporting documents, to the Solicitor General, the chief of police, the association, if any, and, in the case of a municipal police force, the board.

(3) Subsection 22 (2) of the Act is repealed and the following substituted:

Powers of Commission in investigations and inquiries

(2) When the Commission conducts an investigation or inquiry, it has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation or inquiry as if it were an inquiry under that Act.

Statutory Powers Procedure Act applicable to hearings

(2.1) The Statutory Powers Procedure Act does not apply to the Commission, except to a hearing conducted by the Commission under subsection 23 (1), 25 (4) or (5), 39 (4), 64 (9) or 69 (2) or (3).

16. (1) Subsection 25 (1) of the Act is amended by inserting "at a board's request" after "request" in the third line.

(2) Clause 25 (1) (a) of the Act is amended by striking out "by-law enforcement officer" in the fifth and sixth lines and substituting "municipal law enforcement officer".

17. The French version of subsection 26 (1) of the Act is amended by striking out "au maintien de l'ordre" in the fifth line and substituting "à l'exécution de la loi".

18. (1) Subsections 27 (4), (5), (8) and (9) of the Act are repealed and the following substituted:

Three-member boards in smaller municipalities

(4) The board of a municipality whose population according to the last enumeration taken under section 15 of the Assessment Act does not exceed 25,000 shall consist of,

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

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

Five-member boards in larger municipalities

(5) The board of a municipality, other than a district, regional or metropolitan municipality, whose population according to the last enumeration taken under section 15 of the Assessment Act exceeds 25,000 shall consist of,

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

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

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

(d) two persons appointed by the Lieutenant Governor in Council.

. . . . .

District, regional and metropolitan municipalities

(8) The board of a district, regional or metropolitan municipality shall consist of,

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

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

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

(d) two persons appointed by the Lieutenant Governor in Council.

Seven-member boards in certain circumstances

(9) The council of a district, regional or metropolitan municipality whose population according to the last enumeration taken under section 15 of the Assessment Act exceeds 300,000 may apply to the Lieutenant Governor in Council for an increase in the size of its board; if the Lieutenant Governor in Council approves the application, the board shall consist of,

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

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

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

(d) three persons appointed by the Lieutenant Governor in Council.

(2) Section 27 of the Act is amended by adding the following subsections:

Term of office

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

Same, and reappointment

(10.2) A member appointed by resolution of a council may continue to sit after the expiry of his or her term of office until the appointment of his or her successor, and is eligible for reappointment.

(3) Subsections 27 (13), (14) and (15) of the Act are repealed and the following substituted:

Persons who are ineligible to be members of a board

(13) A judge, a justice of the peace, a police officer, a person who practises criminal law as a defence counsel and a person who is a member of a prescribed class of persons may not be a member of a board.

Transition

(14) The members of a board, including persons described in subsection (13), who are in office immediately before subsection 18 (3) of the Police Services Amendment Act, 1997 comes into force may continue to be members until the expiry of their terms.

19. Section 28 of the Act is amended by adding the following subsection:

Vice-chair

(2) The members of a board may also elect a vice-chair at the first meeting in each year, and the vice-chair shall act as the chair if the chair is absent or if the chair's position is vacant.

20. (1) Subsection 31 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by striking out "the provision of police services and for law enforcement and crime prevention" in the first, second and third lines and substituting "the provision of adequate and effective police services".

(2) The French version of clause 31 (1) (e) of the Act is amended by striking out "son rendement" in the second line and substituting "la façon dont il s'acquitte de ses responsabilités".

(3) Clauses 31 (1) (i) and (j) of the Act are repealed and the following substituted:

(i) establish guidelines for dealing with complaints made by members of the public under Part V;

(j) review the chief of police's administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system.

(4) Subsection 31 (7) of the Act is repealed and the following substituted:

Guidelines re secondary activities

(7) The board may establish guidelines consistent with section 49 for disclosing secondary activities and for deciding whether to permit such activities.

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

Agreement to constitute joint board

33. (1) Despite any special Act, the councils of two or more municipalities may enter into an agreement to constitute a joint board.

Consent of Solicitor General required

(2) The agreement must be authorized by by-laws of the councils of the participating municipalities and requires the consent of the Solicitor General.

Application of Act to joint boards

(3) The provisions of this Act that apply to boards also apply with necessary modifications to joint boards.

Three-member joint boards

(4) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act does not exceed 25,000 shall consist of,

(a) one person who is a member of the council of a participating municipality, appointed by agreement of the councils of the participating municipalities;

(b) one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and

Five-member joint boards

(5) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act exceeds 25,000 shall consist of,

(a) two persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities;

Option to expand joint board

(6) The councils of participating municipalities to which subsection (4) would otherwise apply may determine, by resolution of each of them, that the composition of their joint board shall be as described in subsection (5).

Seven-member joint boards

(7) Where the combined population of the participating municipalities according to the last enumeration taken under section 15 of the Assessment Act exceeds 300,000, the councils of the participating municipalities may apply to the Lieutenant Governor in Council for an increase in the size of their joint board; if the Lieutenant Governor in Council approves the application, the joint board shall consist of,

(a) three persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities;

22. Clause 34 (a) of the Act is repealed.

23. Section 37 of the Act is repealed and the following substituted:

Rules and procedures

37. A board shall establish its own rules and procedures in performing its duties under this Act and, except when conducting a hearing under subsection 64 (9), the Statutory Powers Procedure Act does not apply to a board.

24. Section 38 of the Act is repealed and the following substituted:

Municipal police force

38. A municipal police force shall consist of a chief of police and such other police officers and other employees as are adequate, and shall be provided with adequate equipment and facilities.

25. Section 39 of the Act is repealed and the following substituted:

Estimates

39. (1) The board shall submit operating and capital estimates to the municipal council that will show, separately, the amounts that will be required,

(a) to maintain the police force and provide it with equipment and facilities; and

(b) to pay the expenses of the board's operation other than the remuneration of board members.

Same

(2) The format of the estimates, the period that they cover and the timetable for their submission shall be as determined by the council.

Budget

(3) Upon reviewing the estimates, the council shall establish a budget for the board and, in doing so, the council is not bound to adopt the estimates.

Commission hearing in case of dispute

(4) If the board is not satisfied that the budget established for it by the council is sufficient to maintain an adequate number of police officers or other employees of the police force or to provide the police force with adequate equipment or facilities, the board may request that the Commission determine the question and the Commission, shall, after a hearing, do so.

26. (1) Clauses 41 (1) (d) and (e) of the Act are repealed and the following substituted:

(d) administering the complaints system in accordance with Part V.

(2) Clause 41 (1) (g) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is repealed.

27. (1) The French version of clause 42 (1) (a) of the Act is amended by striking out "veiller à l'ordre public" and substituting "préserver la paix".

(2) Clause 42 (1) (e) of the Act is repealed and the following substituted:

(e) laying charges and participating in prosecutions.

28. (1) The French version of subsection 44 (3) of the Act is amended by striking out "licencier un agent de police" in the first and second lines and substituting "mettre fin à l'emploi d'un agent de police" and by striking out "du licenciement" in the fifth line and substituting "de la cessation d'emploi".

(2) Section 44 of the Act is amended by adding the following subsection:

Part V does not apply

(3.1) Part V does not apply in the case of the termination of a police officer's employment under subsection (3).

(3) Subsection 44 (4) of the Act is amended by adding at the end "the Ontario Provincial Police, the Royal Canadian Mounted Police or a prescribed police force outside Ontario".

29. (1) Subsection 49 (3) of the Act is amended by adding "or, in the case of a chief of police, to the board" at the end.

(2) Subsection 49 (4) of the Act is amended by inserting "or the board, as the case may be," after "police" in the first line.

30. (1) Subsection 50 (3) of the Act is amended by striking out "The police force" at the beginning and substituting "A majority of the members of a police force".

(2) Subsection 50 (5) of the Act is amended by striking out "Treasurer of Ontario" in the first line and substituting "Minister of Finance".

(3) Subsection 50 (6) of the Act is amended by inserting "Association" after "Police" in the first line and by striking out "Treasurer" in the eighth line and substituting "Minister of Finance".

31. (1) Subsection 52 (1) of the Act is amended by striking out "the Commission's" in the first line and substituting "the Solicitor General's".

(2) Subsection 52 (2) of the Act is repealed and the following substituted:

Notice of suspension or termination

(2) If the board suspends or terminates the appointment of an auxiliary member of the police force, it shall promptly give the Solicitor General written notice of the suspension or termination.

(3) Section 52 of the Act is amended by adding the following subsections:

Same

(3.1) The Commissioner also has the power to suspend or terminate the appointment of an auxiliary member of the police force.

Information and opportunity to reply

(3.2) Before the auxiliary member's appointment is terminated under subsection (2) or (3.1), he or she shall be given reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing, as the board or Commissioner, as the case may be, may determine.

32. (1) Subsection 53 (1) of the Act is amended by striking out "the Commission's" in the first line and substituting "the Solicitor General's".

(2) Subsection 53 (2) of the Act is amended by striking out "the Commission's" in the first line and substituting "the Solicitor General's".

(3) Subsection 53 (5) of the Act is amended by striking out "employing" in the second line and substituting "authorizing".

(4) Subsections 53 (6), (7) and (8) of the Act are repealed and the following substituted:

Suspension or termination of appointment

(6) The power to appoint a special constable includes the power to suspend or terminate the appointment, but if a board or the Commissioner suspends or terminates an appointment, written notice shall promptly be given to the Solicitor General.

Same

(7) The Solicitor General also has power to suspend or terminate the appointment of a special constable.

Information and opportunity to reply

(8) Before a special constable's appointment is terminated, he or she shall be given reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing as the board, Commissioner or Solicitor General, as the case may be, may determine.

33. (1) The French version of subsection 54 (5) of the Act is amended by striking out "ou de licencier ceux-ci" in the third line and substituting "ceux-ci ou de mettre fin à leur mandat" and by striking out "ou licencie l'un d'entre eux" in the fourth line and substituting "l'un d'entre eux ou met fin à son mandat".

(2) The French version of subsection 54 (6) of the Act is amended by striking out "ou de licencier un agent des premières nations" in the second and third lines and substituting "un agent des premières nations ou de mettre fin à son mandat".

(3) The French version of subsection 54 (7) of the Act is amended by striking out "son licenciement" in the first line and substituting "qu'il ne soit mis fin à son mandat" and by strikingout "du licenciement" in the third line and substituting "pour lesquels il est mis fin à son mandat".

34. Part V and Part VI, as amended by the Statutes of Ontario, 1991, chapter 12, section 1, of the Act are repealed and the following substituted:

PART V

COMPLAINTS

Making a complaint

56. (1) Any member of the public may make a complaint under this Part about the policies of or services provided by a police force or about the conduct of a police officer.

Same

(2) The chief of police may also make a complaint under this Part about the conduct of a police officer.

Withdrawal of complaint

(3) A complainant may withdraw his or her complaint at any time, but if the chief of police or board has begun to hold a hearing in respect of a complaint, the complaint shall not be withdrawn without the consent of the chief of police or board, as the case may be.

Same

(4) The chief of police or board may continue to deal with a complaint after the complaint is withdrawn, if the chief of police or board, as the case may be, considers it appropriate to do so.

Notice to police officer

(5) Where a complaint is about the conduct of a police officer, the chief of police shall forthwith give the police officer notice of the substance of the complaint unless, in the chief of police's opinion, to do so might prejudice the investigation.

Interpretation - portion of a complaint

(6) This Part applies to a portion of a complaint as if it were a complaint.

Public complaints, restriction

57. (1) A complaint may be made by a member of the public only if the complainant was directly affected by the policy, service or conduct that is the subject of the complaint.

Same, procedure for making

(2) A complaint made by a member of the public must be in writing, signed by the complainant and delivered to any station or detachment of the police force to which the complaint relatesor to the Commission, personally by the complainant or his or her agent, by mail or by telephone transmission of a facsimile.

Same, withdrawal

(3) A withdrawal of a complaint by the member of the public who made the complaint must be in writing, signed by the complainant and delivered to any station or detachment of the police force to which the complaint relates or to the Commission, personally by the complainant or his or her agent, by mail or by telephone transmission of a facsimile.

Commission to send complaint to police force

(4) If a complaint is made or withdrawn by delivering it to the Commission, the Commission shall forthwith send the complaint or withdrawal, or a copy of it, to the police chief of the police force to which the complaint relates.

When complaint is made

(5) For the purposes of this Part, a complaint is made,

(a) on the day on which it is delivered in person to a station or detachment of the police force to which the complaint relates;

(b) on the day that is five days after it is mailed to the station or detachment;

(d) on the day that is five days after it is delivered in person, or sent by mail or by telephone transmission of a facsimile to the Commission.

Definition, member of the public

(6) For the purposes of this Part, a member of the public does not include,

(a) the Solicitor General;

(b) a member or employee of the Commission;

(c) a member of a police force if that police force or another member of that police force is the subject of the complaint;

(d) a member or employee of a board if the board is responsible for the police force that is, or a member of which is, the subject of the complaint; or

(e) a delegate to a community policing advisory committee if the community policing advisory committee advisesthe detachment commander of the Ontario Provincial Police detachment that is, or a member of which is, the subject of the complaint.

Chief determines nature of complaints

58. (1) The chief of police shall determine whether a complaint is about the policies of or services provided by the police force or the conduct of a police officer and shall ensure that every complaint is appropriately dealt with as provided by section 59.

Notice re nature of complaint

(2) The chief of police shall notify the complainant in writing of his or her determination that the complaint is about the policies of or services provided by the police force or is about the conduct of a police officer and of the complainant's right to ask the Commission to review the determination within 30 days of receiving the notice.

Frivolous or vexatious complaints

(3) The chief of police may decide not to deal with any complaint about the police force or about a police officer, other than the chief of police or deputy chief of police, that he or she considers to be frivolous or vexatious.

Complainant not directly affected

(4) The chief of police shall not deal with any complaint made by a member of the public if he or she decides that the complainant was not directly affected by the policy, service or conduct that is the subject of the complaint.

Notice

(5) If the chief of police decides not to deal with a complaint under subsection (3) or (4), he or she shall notify the complainant and the police officer who is the subject of the complaint, if any, in writing, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Time limit

(6) The chief of police shall notify the complainant under subsection (2) or (5) within 30 days after the complaint was made unless the chief of police notifies the complainant in writing before the expiry of the 30-day period that he or she is extending the 30-day period.

Same

(7) Subject to subsections (3) and (4), the chief of police shall ensure that a review under section 60 is begun into every complaint made about the policies of or services provided by the police force, and that an investigation under section 63 is beguninto every complaint made about the conduct of a police officer, immediately upon the later of,

(a) 30 days after the complainant was notified under subsection (2); and

(b) notification of the Commission's decision after a review under section 71 with respect to a notice under subsection (2).

Same

(8) Despite subsection (7), if the complainant notifies the chief of police in writing that he or she will not ask the Commission to conduct a review under section 71, the chief of police shall ensure that the review or investigation, as the case may be, is begun immediately after receiving such notification from the complainant.

Complaints about municipal force referred to chief

59. (1) All complaints about the policies of or services provided by a municipal police force shall be referred to the chief of police and dealt with under section 60.

Complaints about local O.P.P. policies referred to detachment commander

(2) All complaints about the local policies, established under clause 10 (9) (c), of an Ontario Provincial Police detachment shall be referred to the detachment commander and dealt with under section 61.

Complaints about provincial O.P.P. policies referred to Commissioner

(3) All complaints about the provincial policies of the Ontario Provincial Police shall be referred to the Commissioner and dealt with under section 62.

Complaints about officer referred to chief

(4) All complaints about the conduct of a police officer, other than a chief of police or deputy chief of police, shall be referred to the chief of police and dealt with under section 63.

Complaints about chief, deputy chief referred to board

(5) All complaints about the conduct of a municipal chief of police or a municipal deputy chief of police shall be referred to the board and dealt with under section 64.

Complaints about Commissioner, deputy Commissioner referred to Solicitor General

(6) All complaints about the conduct of the Commissioner or a deputy Commissioner shall be referred to the Solicitor General and dealt with under section 65.

Complaints about municipal force, chief to review

60. (1) Subject to subsections 58 (3) and (4), the chief of police shall review every complaint that is made about the policies of or services provided by a municipal police force and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Report to board on disposition

(2) The chief of police shall submit a written report to the board, as may be requested by the board, respecting every complaint about the policies of or services provided by the police force, including a complaint disposed of under subsection 58 (3) or (4), and his or her disposition of the complaint.

Notice to complainant

(3) The chief of police shall notify the complainant, in writing, of his or her disposition of the complaint and of the complainant's right to request that the board review the complaint if the complainant is not satisfied with the disposition, and the chief of police shall do so within 60 days after the later of,

(a) the expiry of the 30-day period in which the complainant may ask the Commission to review a decision, as set out in a notice under subsection 58 (2) or (5); and

(b) notification of the Commission's decision after conducting the requested review.

Extension of time

(4) The chief of police may extend the 60-day period set out in subsection (3) by notifying the complainant in writing of the extension before the expiry of the period being extended.

Deemed disposition

(5) If the chief of police has not notified the complainant of his or her disposition of the complaint within the 60-day period required by subsection (3) or within the extended period established under subsection (4), the chief of police shall be deemed to have taken no action in response to the complaint and shall be deemed to have so notified the complainant.

Request for review by board

(6) A complainant may, within 30 days after receiving the notice under subsection (3) or the deemed notice under subsection (5), request that the board review the complaint by serving a written request to that effect on the board.

Board to review and dispose of complaint

(7) Upon receiving a written request for a review of a complaint previously dealt with by the chief of police, the board shall,

(a) advise the chief of police of the request;

(b) subject to subsection (8), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and

Committee of board may review and report to board

(8) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board (two of whom constitute a quorum for the purpose of this subsection) to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.

Public meeting

(9) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint.

Complaints re local O.P.P. policies, detachment commander to review

61. (1) The detachment commander shall review every complaint that is made about the local policies, established under clause 10 (9) (c), of the Ontario Provincial Police detachment that is providing police services pursuant to an agreement entered into under section 10 and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Frivolous or vexatious complaints

(2) The detachment commander may decide not to deal with any complaint described in subsection (1) that he or she considers to be frivolous or vexatious.

Complainant not directly affected

(3) The detachment commander shall not deal with any complaint described in subsection (1) if he or she decides that the complainant was not directly affected by the policy that is the subject of the complaint.

Notice to complainant re decision not to deal with complaint

(4) If the detachment commander decides not to deal with a complaint under subsection (2) or (3), he or she shall notify the complainant, in writing, of the decision and of the complainant'sright to ask the Commission to review the decision within 30 days of receiving the notice.

Report to board on disposition

(5) The detachment commander shall submit a written report to the board, as may be requested by the board, respecting every complaint about the local policies of the detachment, including a complaint disposed of under subsection (2) or (3), and his or her disposition of the complaint.

Notice to complainant

(6) The detachment commander shall notify the complainant, in writing, of his or her disposition of the complaint and of the complainant's right to request that the board review the complaint if the complainant is not satisfied with the disposition, and the detachment commander shall do so within 60 days after the later of,

(a) the expiry of the 30-day period in which the complainant may ask the Commission to review a decision, as set out in a notice under subsection 58 (2) or subsection (4) of this section; and

(b) notification of the Commission's decision after conducting the requested review.

Extension of time

(7) The detachment commander may extend the 60-day period set out in subsection (6) by notifying the complainant in writing of the extension before the expiry of the period being extended.

Deemed disposition

(8) If the detachment commander has not notified the complainant of his or her disposition of the complaint within the 60-day period required by subsection (6) or within the extended period established under subsection (7), the detachment commander shall be deemed to have taken no action in response to the complaint and shall be deemed to have so notified the complainant.

Request for review by board

(9) A complainant may, within 30 days after receiving the notice under subsection (6) or the deemed notice under subsection (8), request that the board review the complaint by serving a written request to that effect on the board.

Board to review and dispose of complaint

(10) Upon receiving a written request for a review of a complaint previously dealt with by a detachment commander, the board shall,

(a) advise the detachment commander of the request;

(b) subject to subsection (11), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and

Committee of board may review and report to board

(11) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board (two of whom constitute a quorum for the purpose of this subsection) to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.

Public meeting

(12) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint.

Delegation

(13) A detachment commander may delegate any of his or her duties, functions or powers under this section to any police officer who is a member of the detachment.

Complaints re provincial O.P.P. policies, Commissioner to review

62. (1) Subject to subsections 58 (3) and (4), the Commissioner shall review every complaint that is made about the provincial policies of the Ontario Provincial Police or about the services provided by the Ontario Provincial Police, other than services provided pursuant to an agreement under section 10, and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Notice to complainant

(2) The Commissioner shall notify the complainant in writing of his or her disposition of the complaint.

Complaints about police officer's conduct

63. (1) Subject to subsections 58 (3) and (4), the chief of police shall cause every complaint made about the conduct of a police officer, other than the chief of police or a deputy chief of police, to be investigated.

Investigation assigned to another police force

(2) A municipal chief of police may, with the approval of the board and on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report back to him or her at the expense of the police force in respect of which the complaint is made.

Same, re O.P.P. officer

(3) In the case of a complaint about the conduct of a police officer who is a member of the Ontario Provincial Police, the Commissioner may, on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report back to him or her at the expense of the Ontario Provincial Police.

Same, more than one force involved

(4) If the complaint is about an incident that involved the conduct of two or more police officers who are members of different police forces, the chiefs of police whose police officers are the subjects of the complaint shall agree on which police force (which may be one of the police forces whose police officer is a subject of the complaint or another police force) is to investigate the complaint and report back to the other chief or chiefs of police and how the cost of the investigation is to be shared.

Same

(5) If the chiefs of police cannot agree under subsection (4), the Commission shall decide how the cost of the investigation is to be shared and,

(a) shall decide which of the chiefs of police whose police officer is a subject of the complaint shall cause the complaint to be investigated and report back to the other chief or chiefs of police; or

(b) shall ask another chief of police to cause the complaint to be investigated and to report back to the chiefs of police.

Crown Attorney to be consulted re offences

(6) If, at any point in the investigation, the chief of police of the police force that is investigating the matter is of the opinion that a police officer's conduct may constitute an offence under a law of Canada or of a province or territory, he or she shall consult with the Crown Attorney.

Unsubstantiated complaint

(7) If, at the conclusion of the investigation and on review of the report submitted to him or her, if any, the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint, in writing, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Hearing to be held

(8) Subject to subsection (12), if, at the conclusion of the investigation and on review of the report submitted to him or her, if any, the chief of police is of the opinion that the police officer's conduct may constitute misconduct, as defined in section 73, or unsatisfactory work performance, he or she shall hold a hearing into the matter.

Prosecutor at hearing

(9) The chief of police shall designate to be the prosecutor at the hearing,

(a) a police officer from any police force of a rank equal to or higher than that of the police officer who is the subject of the hearing; or

(b) a legal counsel or agent.

Same

(10) A police officer from another police force may be the prosecutor at the hearing only with the approval of his or her chief of police.

Findings and disposition after hearing

(11) At the conclusion of the hearing, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the chief of police shall take any action described in section 67.

Informal resolution if conduct not serious

(12) If, at the conclusion of the investigation and on review of the report submitted to him or her, if any, the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, he or she may resolve the matter informally, without holding a hearing, after giving the police officer an opportunity to reply, orally or in writing.

Notice to complainant

(13) Before resolving the matter informally, the chief of police shall notify the complainant and the police officer, in writing, of his or her opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may ask the Commission to review this decision within 30 days of receiving such notification.

No informal resolution until after Commission's review

(14) The chief of police shall take no action to resolve the matter informally until,

(a) the 30-day period in which the complainant may ask for a review has expired, without a review being requested; or

(b) if the complainant asked for a review within the 30-day period, the Commission has completed its review and then, only if the Commission's decision is such that there may be an informal resolution of the complaint.

Same

(15) Despite subsection (14), if the complainant notifies the chief of police in writing that he or she will not ask the Commission to conduct a review under section 71, the chief of police shall take action to resolve the matter informally immediately after receiving such notification from the complainant.

Disposition without a hearing if informal resolution fails

(16) If an informal resolution of the matter is attempted but not achieved under subsection (12), the chief of police may impose on the police officer the penalty described in clause 67 (1) (e) and any other penalty described in subsection 67 (4) and may cause an entry concerning the matter, the penalty imposed and the police officer's reply to be made in his or her employment record.

Employment record entry expunged

(17) An entry made in the police officer's employment record under subsection (16) shall be expunged from the record two years after being made if during that time no other entries have been made in the record under that subsection.

Grievance procedures if no hearing held

(18) A police officer may grieve a decision taken under subsection (16) in accordance with the procedures in place in an agreement made under Part VIII or, in the case of a member of the Ontario Provincial Police, in accordance with a memorandum of understanding entered into under the Public Service Act, but a police officer may not grieve if a hearing has been held under subsection (8).

Complaints about chief's, deputy chief's conduct

64. (1) The board shall review every complaint made about the conduct of the municipal chief of police or a municipal deputy chief of police and shall ensure that it begins the review immediately upon the later of,

(a) 30 days after the complainant was notified under subsection 58 (2); and

(b) notification of the Commission's decision after reviewing a decision with respect to a notice under subsection 58 (2).

Same

(2) Despite subsection (1), if the complainant notifies the board in writing that he or she will not ask the Commission to conduct a review under section 71 with respect to a notice under subsection 58 (2), the board shall ensure that it begins the review immediately after receiving such notification from the complainant.

Frivolous or vexatious complaints

(3) The board may decide not to deal with any complaint that it considers to be frivolous or vexatious and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Complainant not directly affected

(4) The board shall not deal with any complaint made by a member of the public if the board decides that the complainant was not directly affected by the conduct that is the subject of the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Investigation assigned to another police force

(5) If, at the conclusion of the review, the board is of the opinion that the police chief's or deputy police chief's conduct may constitute an offence under a law of Canada or of a province or territory, or misconduct, as defined in section 73, or unsatisfactory work performance, the board shall ask the Commission to assign the chief of police of another police force to cause the complaint to be investigated immediately.

Crown Attorney to be consulted re offences

(6) If, at any point in the investigation carried out by another police force, the chief of police of the other police force is of the opinion that the conduct of the chief of police or deputy chief of police under investigation may constitute an offence under a law of Canada or of a province or territory, he or she shall consult with the Crown Attorney and, unless the Crown Attorney advises otherwise, shall advise the board of his or her findings.

Matter referred to board

(7) If, at the conclusion of the investigation carried out by another police force, the chief of police of the other police force is of the opinion that the conduct of the chief of policeor deputy chief of police under investigation may constitute misconduct, as defined in section 73, or unsatisfactory work performance, he or she shall refer the matter to the board.

Unsubstantiated complaint

(8) If, at the conclusion of the investigation carried out by another police force, the chief of police of the other police force is of the opinion that the complaint is unsubstantiated, the chief of police shall report to the board that the complaint is unsubstantiated and the board shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint, in writing, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Board or Commission to hold hearing

(9) Subject to subsection (12), the board shall hold a hearing into a matter referred to it under subsection (7) or may refer the matter to the Commission to hold the hearing.

Prosecutor at hearing

(10) The board or Commission, as the case may be, shall designate a legal counsel or agent to be the prosecutor at the hearing.

Findings and disposition after hearing

(11) At the conclusion of a hearing by the board, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the board shall take any action described in section 67; at the conclusion of a hearing by the Commission, the Commission shall report its findings to the board and, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the board shall take any action described in section 67.

Informal resolution if conduct not serious

(12) If the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing, after giving the chief of police or deputy chief of police an opportunity to reply, orally or in writing.

Notice to complainant

(13) Before resolving the matter informally, the board shall notify the complainant, in writing, of its opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may ask the Commission to review this decision within 30 days of receiving such notification.

No informal resolution until after Commission's review

(14) The board shall take no action to resolve the matter informally until,

(a) the 30-day period in which the complainant may ask for a review has expired, without a review being requested; or

(b) if the complainant asked for a review within the 30-day period, the Commission has completed its review and then, only if the Commission's decision is such that there may be informal resolution of the complaint.

Same

(15) Despite subsection (14), if the complainant notifies the board in writing that he or she will not ask the Commission to conduct a review under section 71, the board shall take action to resolve the matter informally immediately after receiving such notification from the complainant.

Disposition without a hearing if informal resolution fails

(16) If an informal resolution of the matter is attempted but not achieved under subsection (12), the board may impose on the chief of police or deputy chief of police the penalty described in clause 67 (2) (e) and any other penalty described in subsection 67 (4) and may cause an entry concerning the matter, the penalty imposed and the chief of police's or deputy chief of police's reply to be made in his or her employment record.

Employment record entry expunged

(17) An entry made in the chief of police's or deputy chief of police's employment record under subsection (16) shall be expunged from the record two years after being made if during that time no other entries have been made in the record under that subsection.

Dispute procedures if no hearing held

(18) A chief of police or deputy chief of police may dispute a decision taken under subsection (16) in accordance with the terms of his or her contract of employment or, if the contract of employment contains no applicable dispute procedure, the chief of police or deputy chief of police may agree with the board to refer the dispute to a single mediator-arbitrator for the purpose of resolving it in an expeditious and informal manner.

Same

(19) Subsections 50 (3) to (10) of the Labour Relations Act, 1995 apply to the mediation-arbitration of the dispute with necessary modifications and, for the purpose, the parties are the chief of police or deputy chief of police, as the case may be, and the board, and any reference in subsections 50 (3) to (10) ofthe Labour Relations Act, 1995 to the Minister of Labour shall be deemed to be a reference to the Solicitor General.

Same

(20) The parties to the dispute shall each pay one half of the costs of the mediator-arbitrator's services.

Complaints about Commissioner's, deputy Commissioner's conduct

65. The Solicitor General shall deal with all complaints about the conduct of the Commissioner or a deputy Commissioner as he or she sees fit and there is no appeal from a decision or action taken by the Solicitor General under this section.

Suspension

66. (1) If a police officer, other than a chief of police or deputy chief of police, is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 73, the chief of police may suspend him or her from duty with pay.

Same

(2) If a chief of police or deputy chief of police is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 73, the board may suspend him or her from duty with pay.

Revocation and reimposition of suspension

(3) The chief of police or board may revoke the suspension and later reimpose it, repeatedly if necessary, as the chief of police or board, as the case may be, considers appropriate.

Duration of suspension

(4) Unless the chief of police or board revokes the suspension, it shall continue until the final disposition of the proceeding in which the chief of police's, deputy chief of police's or other police officer's conduct is at issue.

Conditions of suspension

(5) While suspended, the chief of police, deputy chief of police or other police officer shall not exercise any of the powers vested in him or her as a chief of police, deputy chief of police or police officer, or wear or use clothing or equipment that was issued to him or her in that capacity.

Suspension without pay

(6) If a chief of police, deputy chief of police or other police officer is convicted of an offence and sentenced to a term of imprisonment, the chief of police or board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.

Earnings from other employment

(7) If a chief of police, deputy chief of police or other police officer is suspended with pay, the pay for the period of suspension shall be reduced by the amount that he or she earns from other employment during that period.

Exception

(8) Subsection (7) does not apply to earnings from other employment that was commenced before the period of suspension.

Powers of chief of police

67. (1) The chief of police may, under subsection 63 (11),

(a) dismiss the police officer from the police force;

(b) direct that the police officer be dismissed in seven days unless he or she resigns before that time;

(d) suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be;

(e) direct that the police officer forfeit not more than five days or 40 hours pay, as the case may be; or

(f) direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be.

Powers of board

(2) The board may, under subsection 64 (11),

(a) dismiss the chief of police or deputy chief of police from the police force;

(b) direct that the chief of police or deputy chief of police be dismissed in seven days unless he or she resigns before that time;

(d) suspend the chief of police or deputy chief of police without pay for a period not exceeding 30 days or 240 hours, as the case may be;

(e) direct that the chief of police or deputy chief of police forfeit not more than five days or 40 hours pay, as the case may be; or

(f) direct that the chief of police or deputy chief of police forfeit not more than 20 days or 160 hours off, as the case may be.

Calculation of penalties

(3) Penalties imposed under clauses (1) (d), (e) and (f) and (2) (d), (e) and (f) shall be calculated in terms of days if the chief of police, deputy chief of police or other police officer normally works eight hours a day or less and in terms of hours if he or she normally works more than eight hours a day.

Additional powers

(4) In addition to a penalty described in subsection (1) or (2), the board or chief of police, as the case may be, may,

(a) reprimand the chief of police, deputy chief of police or other police officer;

(b) direct that the chief of police, deputy chief of police or other police officer undergo specified counselling, treatment or training;

(c) direct that the chief of police, deputy chief of police or other police officer participate in a specified program or activity;

(d) impose any combination of penalties described in clauses (a), (b) and (c).

Notice needed for dismissal or demotion

(5) The chief of police or board, as the case may be, shall not impose the penalties of dismissal or demotion unless the notice of hearing or a subsequent notice served on the chief of police, deputy chief of police or other police officer indicated that they might be imposed if the complaint were proved on clear and convincing evidence.

Notice of penalty

(6) The chief of police or board, as the case may be, shall promptly give written notice of the penalty imposed, with reasons, to the chief of police, deputy chief of police or other police officer who is the subject of the complaint and, in the case of a penalty imposed by a municipal chief of police, to the board.

Same

(7) If the penalty was imposed as a result of a complaint made by a member of the public, the chief of police or board, as the case may be, shall also give written notice of the penalty imposed, with reasons, to the complainant.

Police officer's employment record

(8) The chief of police or board, as the case may be, may cause an entry concerning the matter, the penalty imposed and the reply of the chief of police, deputy chief of police or other police officer against whom the penalty is imposed, to be made in his or her employment record, but no reference to the allegations of the complaint or the hearing shall be made in the employment record, and the matter shall not be taken into account for any purpose relating to his or her employment unless,

(a) the complaint is proved on clear and convincing evidence; or

(b) the chief of police, deputy chief of police or other police officer resigns before the matter is finally disposed of.

Statutory Powers Procedure Act applies to hearings by chief or board

68. (1) A hearing held under subsection 63 (8) or 64 (9) shall be conducted in accordance with the Statutory Powers Procedure Act.

Parties

(2) The parties to the hearing are the prosecutor, the police officer who is the subject of the hearing and, if the complaint was made by a member of the public, the complainant.

Notice to parties and right to counsel

(3) The parties to the hearing shall be given reasonable notice of the hearing and each party may be represented by counsel or an agent.

Examination of evidence

(4) Before the hearing, the police officer shall be given an opportunity to examine any physical or documentary evidence that will be produced or any report whose contents will be given in evidence.

Same

(5) If the hearing is being conducted as a result of a public complaint, the complainant shall likewise be given an opportunity to examine evidence and reports before the hearing.

Police officer not required to give evidence

(6) The police officer who is the subject of the hearing shall not be required to give evidence at the hearing.

Noncompellability

(7) No person shall be required to testify in a civil proceeding with regard to information obtained in the course of his or her duties, except at a hearing held under this Part.

Inadmissibility of documents

(8) No document prepared under this Part as the result of a complaint and no statement made during an attempt at informal resolution of a complaint is admissible in a civil proceeding, except at a hearing held under this Part.

Recording of evidence

(9) The oral evidence given at the hearing shall be recorded and copies of transcripts shall be provided on the same terms as in the Ontario Court (General Division).

Release of exhibits

(10) Within a reasonable time after the matter has been finally determined, documents and things put in evidence at the hearing shall, on request, be released to the person who produced them.

No communication without notice to parties

(11) The person conducting the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or person's counsel or agent, unless the parties receive notice and have an opportunity to participate.

Exception

(12) However, the person conducting the hearing may seek legal advice from an advisor independent of the parties, and in that case the nature of the advice shall be communicated to them so that they may make submissions as to the law.

Hearing may proceed on part if Crown Attorney consulted

(13) If a Crown Attorney has been consulted under subsection 63 (6) or 64 (6), the person conducting the hearing may proceed to deal with the part of the complaint that, in his or her opinion, constitutes misconduct, as defined in section 73, or unsatisfactory work performance, unless the Crown Attorney directs otherwise.

Hearing to continue

(14) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.

Photography at hearing

(15) Subsections 136 (1), (2) and (3) of the Courts of Justice Act (photography at court hearing) apply with necessary modifications to the hearing and a person who contravenes subsection 136 (1), (2) or (3) of the Courts of Justice Act, asit is made to apply by this subsection, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Six-month limitation period, exception

(16) If six months have elapsed since the facts on which a complaint is based first came to the attention of the chief of police or board, as the case may be, no notice of hearing shall be served unless the board (in the case of a municipal police officer) or the Commissioner (in the case of a member of the Ontario Provincial Police) is of the opinion that it was reasonable, under the circumstances, to delay serving the notice of hearing.

Appeal to Commission

69. (1) A police officer or complainant may, within 30 days of receiving notice of the decision made after a hearing held under subsection 63 (8) or 64 (9), appeal the decision to the Commission by serving on the Commission a written notice stating the grounds on which the appeal is based.

Commission to hold hearing

(2) The Commission shall hold a hearing upon receiving a notice under subsection (1) if the appeal is from,

(a) the imposition of a penalty described in clause 67 (1) (a) or (b) or 67 (2) (a) or (b); or

(b) the finding that misconduct or unsatisfactory work performance was not proved on clear and convincing evidence.

Commission may hold hearing

(3) The Commission may hold a hearing, if it considers it appropriate, upon receiving a notice under subsection (1) with respect to an appeal other than an appeal described in subsection (2).

Appeal on the record

(4) A hearing held under this section shall be an appeal on the record, but the Commission may receive new or additional evidence as it considers just.

Powers of Commission

(5) The Commission may confirm, vary or revoke the decision being appealed or may substitute its own decision for that of the chief of police or board, as the case may be.

Appeal to Divisional Court

70. (1) A party to a hearing under section 69 may appeal the Commission's decision to the Divisional Court within 30 days of receiving notice of the Commission's decision.

Grounds for appeal

(2) An appeal may be made on a question that is not a question of fact alone, or from a penalty, or both.

Solicitor General may be heard

(3) The Solicitor General is entitled to be heard, by counsel or otherwise, on the argument of the appeal.

Request for review of decision by Commission

71. (1) If a complainant disagrees with the decision of a chief of police to deal with his or her complaint as a complaint about the policies of or services provided by the police force or as a complaint about the conduct of a police officer, the complainant may, within 30 days of receiving notice under subsection 58 (2), ask the Commission to review the decision.

Same

(2) If a complainant has been notified under subsection 58 (5), 61 (4) or 64 (3) that his or her complaint will not be dealt with because it is frivolous or vexatious, the complainant may, within 30 days of such notification, ask the Commission to review the decision.

Same

(3) If a complainant has been notified under subsection 58 (5), 61 (4) or 64 (4) that his or her complaint will not be dealt with because he or she was not directly affected by the policy, service or conduct that is the subject of the complaint, the complainant may, within 30 days of such notification, ask the Commission to review the decision.

Same

(4) If a complainant has been notified under subsection 63 (7) or (13) or 64 (8) or (13) that his or her complaint is unsubstantiated or that the conduct he or she complained of has been determined to be not of a serious nature, the complainant may, within 30 days of such notification, ask the Commission to review the decision.

Request in writing

(5) The request for a review must be in writing.

Commission to review

(6) Upon receiving a request for a review under this section, the Commission shall review the decision, taking into account any material provided by the complainant or the chief of police, detachment commander or board, and shall endeavour to complete its review within 30 days of receiving the request, but the Commission shall not hold a hearing into the matter.

Commission's powers

(7) Upon completion of the review, the Commission may confirm the decision or may direct the chief of police, detachment commander or board to process the complaint as it specifies or may assign the review or investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force in respect of which the complaint is made.

Cost of complaints process

(8) If the Commission assigns the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under subsection (7), the police force in respect of which the complaint is made shall pay the costs of the review, investigation or hearing incurred by the police force to which the matter is assigned.

Notice

(9) The Commission shall notify the complainant and the chief of police, detachment commander or board, as the case may be, and the police officer who is the subject of the complaint of its decision and the action taken by it under subsection (7).

Complaint to be processed as specified

(10) If notified by the Commission that the complaint is to be processed as specified, the chief of police, detachment commander or board shall immediately so process the complaint.

Final decision

(11) The Commission's decision under subsection (7) is final and binding and there is no appeal therefrom.

Commission may direct complaint process

72. (1) The Commission may, on its own motion and at any stage in the complaints process, direct a chief of police or board to process a complaint as it specifies or assign the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force other than the police force in respect of which the complaint is made.

Cost of complaints process

(2) If the Commission assigns the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under subsection (1), the police force in respect of which the complaint is made shall pay the costs of the review, investigation or hearing incurred by the police force to which the matter is assigned.

Misconduct

73. (1) A police officer is guilty of misconduct if he or she,

(a) commits an offence described in a prescribed code of conduct;

(b) contravenes section 46 (political activity);

(c) engages in an activity that contravenes subsection 49 (1) (secondary activities) without the permission of his or her chief of police or, in the case of a chief of police, without the permission of the board, being aware that the activity may contravene that subsection;

(d) contravenes subsection 55_(5) (resignation during emergency);

(e) contravenes section 74 (inducing misconduct, withholding services);

(f) deals with personal property, other than money or a firearm, in a manner that is not consistent with section 132;

(g) deals with money in a manner that is not consistent with section 133;

(h) deals with a firearm in a manner that is not consistent with section 134;

(i) contravenes a regulation made under paragraph 15_(equipment), 16_(use of force), 17_(standards of dress, police uniforms), 20_(police pursuits) or 21_(records) of subsection 135_(1).

Off-duty conduct

(2) A police officer shall not be found guilty of misconduct if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force.

Inducing misconduct

74. (1) No person, including a member of a police force, shall,

(a) induce or attempt to induce a member of a police force to withhold his or her services; or

(b) induce or attempt to induce a police officer to commit misconduct.

Withholding services

(2) No member of a police force shall withhold his or her services.

Offence

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.

Consent of Solicitor General

(4) No prosecution shall be instituted under this section without the consent of the Solicitor General.

Unsatisfactory work performance

75. The chief of police, board or Commission, as the case may be, has the discretion to determine whether any conduct constitutes unsatisfactory work performance and whether any conduct constitutes unsatisfactory work performance that is not of a serious nature.

Delegation of chief's powers and duties

76. (1) A chief of police may authorize a police officer or a former police officer of the rank of inspector or higher to conduct a hearing under subsection 63 (8) or to act under subsection 63 (12) or (16).

Same

(2) A chief of police may authorize any member of any police force to exercise a power or perform a duty of the chief of police under this Part, other than those described in subsection (1).

Officer from another force

(3) If a chief of police authorizes a police officer from another police force, of the rank of inspector or higher, to conduct a hearing under subsection 63 (8), that police officer may do so only with the approval of his or her chief of police.

Notice

77. (1) Where a notice is required to be given to or served on a person, board or the Commission under this Part, it may be served personally, by regular letter mail, by electronic transmission, by telephone transmission of a facsimile, or by some other method that allows proof of receipt.

Deemed receipt

(2) Service by regular letter mail shall be deemed to be received by the person, board or Commission on the fifth day after it is mailed unless the person, board or Commission establishes that the person, board or Commission did not, acting in good faith, through absence, accident, illness or other cause beyond the person's, board's or Commission's control, receive the notice on that day.

Same

(3) Service by electronic transmission or by telephone transmission of a facsimile shall be deemed to be received by the person, board or Commission on the day after it is sent or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday, unless the person, board or Commission establishes that the person, board or Commission did not, acting in good faith, through absence, accident, illness or other cause beyond the person's, board's or Commission's control, receive the notice on that day.

Ombudsman Act not to apply

78. The Ombudsman Act does not apply to anything done under this Part.

Transition, disciplinary proceedings

79. (1) Disciplinary proceedings commenced before the coming into force of this section under Part V of the Act, as it then read, may continue to be dealt with in accordance with Part V, as it read immediately before the coming into force of this section, until January 1, 1998.

Transition, complaints

(2) Public complaints made before the coming into force of this section under Part VI of the Act, as it then read, may continue to be dealt with in accordance with Part VI, as it read immediately before its repeal, until January 1, 1998.

Parties may elect to proceed under new Part V

(3) If the parties to a disciplinary proceeding or public complaint described in subsection (1) or (2) agree, they may, before January 1, 1998, deal with the outstanding disciplinary proceeding or public complaint under Part V.

Proceed under new Part V from January 1, 1998

(4) As of January 1, 1998, all outstanding disciplinary matters that commenced before the coming into force of this section and all proceedings with respect to public complaints that were made before the coming into force of this section shall be taken up and continued under Part V so far as consistently may be.

Saving

(5) Despite subsection (4), a hearing that commenced but is not concluded before January 1, 1998 before a board of inquiry under Part VI of the Act, as it read immediately before its repeal, may proceed to its conclusion after January 1, 1998 and Part VI of the Act, as it read immediately before its repeal, continues to apply to the hearing and to the board of inquiry's powers at the conclusion of the hearing.

Same

(6) Despite subsection (4), an appeal made before January 1, 1998 to Divisional Court under section 98 of the Act, as it read immediately before its repeal, may proceed to its conclusion after January 1, 1998 as if section 98 of the Act had not been repealed.

35. Section 126 of the Act is repealed and the following substituted:

Restriction

126. Agreements and awards made under this Part do not affect the working conditions of the members of the police force in so far as those working conditions are determined by sections 42 to 49, subsection 50 (3), Part V (except as provided in subsection 63 (18)) and Part VII of this Act and by the regulations.

36. Paragraph 1 of subsection 131 (2) of the Act is amended by striking out "Municipal Police Authorities" in the third line and substituting "Ontario Association of Police Services Boards".

37. Paragraph 2 of subsection 132 (4) of the Act is amended by adding "or by public tender" at the end.

38. Paragraph 4 of subsection 134 (8) of the Act is amended by striking out "the Commission" in the third line and substituting "the Solicitor General".

39. (1) Subsection 135 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following paragraph:

1.1 establishing and governing standards concerning the adequacy and effectiveness of police services, including prescribing methods for monitoring and evaluating the adequacy and effectiveness of police services against such standards.

(2) Subsection 135 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following paragraphs:

6.1 prescribing classes of persons who are not eligible to be members of a board;

6.2 governing the selection and appointment of members of boards;

6.3 prescribing courses of training for members of boards and prescribing standards in that connection;

6.4 prescribing a code of conduct for members of boards;

. . . . .

10. prescribing the method for determining the amounts owed by municipalities for police services provided by the Ontario Provincial Police under section 5.1, prescribing the time when and manner in which the payments are to be made, (and, for such purposes, classifying municipalities and prescribing different methods, different times or different manners for different classes of municipalities), prescribing the interest, or the method of determining the interest, owed on late payments and governing payment credits and refunds for overpayments;

11. requiring territories without municipal organization to pay for police services provided by the Ontario Provincial Police, prescribing the method for determining the amounts owed by such territories, prescribing the time when and manner in which the payments are to be made, (and, for such purposes, classifying territories and prescribing different methods, different times or different manners for different classes of territories), prescribing the method of collecting such payments, including collection under the Provincial Land Tax Act, and, if the method of collection is not under the Provincial Land Tax Act, prescribing the interest, or the method of determining the interest, owed on late payments and governing payment credits and refunds for overpayments;

. . . . .

14.1 providing for the granting of service badges to members of the Ontario Provincial Police or any class thereof and for the payment of allowances to those members who are granted service badges.

(3) Paragraph 21 of subsection 135 (1) of the Act is amended by inserting "and boards" after "forces" in the third line.

(4) Paragraph 23 of subsection 135 (1) of the Act is amended by striking out "section 56" at the end and substituting "section 73".

(5) Subsection 135 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, is further amended by adding the following paragraphs:

23.1 defining "frivolous or vexatious" for the purpose of subsections 58 (3), 61 (2) and 64 (3);

23.2 respecting misconduct that is not of a serious nature for the purposes of subsections 63 (12) and 64 (12), including listing types of conduct and prescribing guidelines for determining whether conduct not listed constitutes misconduct that is not of a serious nature.

(6) Paragraphs 24, 25 and 26 of subsection 135 (1) of the Act are repealed and the following substituted:

24. providing for the payment of fees and expenses to witnesses at hearings conducted under Part V;

25. prescribing procedures for the investigation of complaints under Part V.

40. Subsection 137 (1) of the Act is amended by striking out "a municipality" in the second line and substituting "one or more municipalities".

Amendments To Other Acts

41. Part VIII of the District Municipality of Muskoka Act is repealed.

42. Section 204 of the Municipal Act is repealed and the following substituted:

Conveyance of prisoners

204. Where the attendance of a prisoner in a correctional institution is required at a hearing or proceeding, the municipality that was responsible for delivering the prisoner to the correctional institution is responsible for conveying the prisoner from the correctional institution to the place of the hearing or proceeding and for the prisoner's return.

43. Section 2 of the Private Investigators and Security Guards Act is amended by adding the following subsections:

Same

(2) Despite clause (1) (d), this Act applies to a person, other than a person employed by the Crown, who is appointed as a provincial bailiff under section 19 of the Ministry of Correctional Services Act.

Same

(3) Despite clause (1) (d), this Act, except section 30, applies to a person who is not a member of a police force and who is appointed as a special constable under section 53 of the Police Services Act, but only when the special constable is carrying out the functions specified in subsection 53 (5) of the Police Services Act.

44. Subsections 103 (3), (4) and (5) of the Regional Municipalities Act are repealed.

Commencement and Short Title

Commencement

45. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

46. The short title of this Act is the Police Services Amendment Act, 1997.