Bill 62, Police Services Amendment Act (Independent Police Complaints Commissioner), 2003

Versions

Bill 62 2003

An Act to amend the
Police Services Act with respect to
the disciplining of police officers
and to reinstate a fair and impartial
process with respect to public
complaints about police officers

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

1. Part V (sections 56 to 80) of the Police Services Act is repealed.

2. The Act is amended by adding Parts V and VI of the Act, as they existed immediately before November 27, 1997, except that,

(a) all references to the Ontario Court (General Division) shall be read as references to the Superior Court of Justice;

(b) all references to the Treasurer of Ontario shall be read as references to the Minister of Finance.

3. The Act is amended by adding the following section immediately before Part VII:

Transition

112.1 (1) Subject to subsection (2) and the regulations, all proceedings with respect to complaints that were made before the day this section comes into force shall be taken up and continued,

(a) under Part V so far as consistently may be, if they relate to disciplinary matters; or

(b) under Part VI so far as consistently may be, if they relate to public complaints.

Hearings

(2) A hearing that, before the day this section comes into force, commenced but is not concluded under Part V of the Act, as it read immediately before that day, may proceed to its conclusion and Part V of the Act, as it read immediately before that day, continues to apply to the hearing.

4. (1) Paragraphs 24 and 25 of subsection 135 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 8, section 40, are repealed and the following substituted:

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

25. prescribing procedures for the investigation of complaints under Part VI;

(2) Subsection 135 (1) of the Act, as amended by the Statutes of Ontario, 1995, chapter 4, section 4, 1997, chapter 8, section 40 and 1997, chapter 17, section 10, is amended by adding the following paragraphs:

26. assigning further duties to the Police Complaints Commissioner;

26.1 governing transitional matters necessary to facilitate the re-enactment of Parts V and VI by section 2 of the Police Services Amendment Act (Independent Police Complaints Commissioner), 2003;

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The short title of this Act is the Police Services Amendment Act (Independent Police Complaints Commissioner), 2003.

EXPLANATORY NOTE

The Bill amends the Police Services Act to require an independent Police Complaints Commissioner appointed by the Lieutenant Governor in Council to deal with complaints by members of the public about the conduct of police officers. The Commissioner is independent of police forces and reports annually to the Attorney General. Any member of the public may make a complaint, whereas at present, a member of the public may make a complaint only if directly affected by the subject-matter of the complaint.

The Bill also amends the Act to reinstate the process for disciplining police officers that existed before the repeal of Part V of the Act as of November 27, 1997.