[39] Bill 203 Royal Assent (PDF)
Bill 203 2009
An Act to allow for better cross-border policing co-operation with other Canadian provinces and territories and to make consequential amendments to the Police Services Act
Note: This Act amends the Police Services Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
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CONTENTS |
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PART I |
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1. 2. |
Definitions Non-application of interpretation rules re time limits and holidays or regular business hours |
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PART II |
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Role of Appointing Official |
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3. |
Appointing official to make appointment |
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Request |
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4. 5. 6. |
Request for appointment Additional information Review with affected police forces |
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Appointment |
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7. 8. 9. 10. |
Timing of decision Appointment Providing appointment form When appointment effective |
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PART III |
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Role of Local Commander |
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11. |
Local commander to make appointment |
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Request |
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12. 13. |
Request for appointment Additional information |
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Appointment |
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14. 15. 16. 17. 18. |
Timing of decision Appointment Providing appointment form When appointment effective Notice to appointing official |
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Renewing Appointment |
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19. |
Renewing appointment |
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PART IV |
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Notice |
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20. |
Advance notice to local commander |
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Local Commander's Directions |
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21. |
Local commander may direct appointee |
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Appointee's Duties |
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22. |
Appointee's duties |
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Terminating Appointment |
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23. 24. 25. |
Terminating appointment Request to terminate appointment Automatic termination |
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Appointee's Status |
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26. 27. |
Status Original employment relationship continues |
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PART V |
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Investigations, Hearings and Inquests |
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28. 29. |
Ontario police officer to co-operate with investigation, etc., in other jurisdiction Disclosure of documents |
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Discipline |
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30. 31. |
Application of Commission's powers, complaints process to Ontario police officer Application of Part V of Police Services Act to extra-provincial police officer |
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PART VI |
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32. 33. |
Indemnification Indemnity agreement |
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PART VII |
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34. 35. 36. 37. 38. 39. 40. 41. 42. |
Appointing officials Recordkeeping Notice Reports Law of fresh pursuit not affected Power of appointment reserved Minister's directives, guidelines Regulations Forms |
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PART VIII |
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43.-62. |
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PART IX |
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63. |
Commencement |
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64. |
Short title |
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______________ |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART
I
Interpretation
Definitions
1. In this Act,
"appointee" means an extra-provincial police officer appointed as a police officer in Ontario under Part II or III; ("agent nommé")
"appointing official" means a person designated under section 34; ("agent de nomination")
"chief of police", except in the definition of "extra-provincial commander", means a chief of police as defined in the Police Services Act; ("chef de police")
"detachment" means an Ontario Provincial Police detachment; ("détachement")
"extra-provincial commander" means,
(a) the commanding officer, director general or commissioner of the provincial police force of another province, or his or her designate, and
(b) the chief of police of a municipal, regional or other police force in another province or a territory, or his or her designate; ("commandant extraprovincial")
"extra-provincial police officer" means a police officer appointed or employed under the law of another province or a territory, but does not include a member of the Royal Canadian Mounted Police; ("agent de police extraprovincial")
"local commander" means the chief of police of an Ontario police force or a commander of a detachment, or his or her designate; ("commandant local")
"Minister" means the Minister of Community Safety and Correctional Services or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; ("ministre")
"Ontario police force" means a police force as defined in the Police Services Act; ("corps de police de l'Ontario")
"Ontario police officer" means a police officer as defined in the Police Services Act who is an employee of an Ontario police force; ("agent de police de l'Ontario")
"prescribed" means prescribed by regulation made under this Act. ("prescrit")
Non-application of interpretation rules re time limits and holidays or regular business hours
2. Subsections 89 (1) and (2) of the Legislation Act, 2006 do not apply to this Act.
PART II
STANDARD APPOINTMENT PROCEDURE
Role of Appointing Official
Appointing official to make appointment
3. (1) An appointing official may appoint an extra-provincial police officer as a police officer in Ontario for a period of not more than three years in accordance with this Part.
Further appointments
(2) An extra-provincial police officer may be appointed for further periods, which may or may not be consecutive, of not more than three years each in the same way as a first appointment is made under this Part.
Request
Request for appointment
4. (1) An extra-provincial commander may request that a police officer under his or her command be appointed under this Part as a police officer in Ontario so that the officer has the powers and protections of a police officer while performing police duties in Ontario.
Request to appointing official
(2) The request must be made in writing to an appointing official using a form approved by the Minister.
Content of request
(3) The request must include the following information:
1. The name, rank and badge number of the officer to be appointed.
2. The duration of the requested appointment.
3. The names and telephone numbers of the extra-provincial commander and the immediate supervisor of the officer to be appointed.
4. A general description of the officer's duties in Ontario.
5. Where the officer is expected to perform those duties.
6. An assessment of the risks associated with the officer's duties, including the possibility of firearms being used.
7. Whether the duties might require a designation to be made under section 25.1 of the Criminal Code (Canada).
8. Any other information that may be prescribed.
Additional information
5. The appointing official may communicate with the extra-provincial commander to obtain any additional information about the request that he or she considers necessary.
Review with affected police forces
6. (1) Before deciding whether to make the requested appointment, the appointing official shall review the request with the local commander of any police force or detachment that the appointing official believes will be primarily affected if the appointment is made.
Same
(2) The appointing official may also review the request, before deciding whether to make the requested appointment, with the local commander of any other police force or detachment that the appointing official believes will or might be affected if the appointment is made.
Exception
(3) This section does not apply if the appointing official is of the opinion that an operation or investigation could be compromised by reviewing the request with the local commander of a police force or detachment.
Appointment
Timing of decision
7. Within seven calendar days after receiving a request, the appointing official shall either make the requested appointment or advise the extra-provincial commander that the request has been denied.
Appointment
8. (1) The appointing official may make the requested appointment if he or she is of the opinion that it is appropriate in the circumstances for the extra-provincial police officer to be appointed as a police officer in Ontario.
Appointment denied
(2) The appointing official shall deny the requested appointment,
(a) if the Commission, as defined in the Police Services Act, has directed under subsection 25 (4.2) of that Act that the extra-provincial police officer,
(i) never be appointed again under this Act, or
(ii) not be appointed again under this Act for a specified period and, if the requested appointment is made, it would be effective during that period; or
(b) in prescribed circumstances.
Duration of appointment
(3) The duration or expiry date of the appointment must be set out on the appointment form.
Conditions on appointment
(4) The appointing official shall impose conditions on the appointment as may be required by the regulations and may impose any other conditions on the appointment that may be prescribed or that he or she considers appropriate, and the imposed conditions must be set out on the appointment form.
Providing appointment form
9. As soon as reasonably possible, but no later than five calendar days after making the appointment, the appointing official shall provide a copy of the appointment form to the appointee and the appointee's extra-provincial commander.
When appointment effective
10. The appointment is effective on the effective date set out on the appointment form.
PART III
APPOINTMENT procedure IN urgent circumstances
Role of Local Commander
Local commander to make appointment
11. A local commander may appoint an extra-provincial police officer as a police officer in Ontario for a period of not more than 72 hours in accordance with this Part.
Request
Request for appointment
12. (1) An extra-provincial commander may request that a police officer under his or her command be appointed under this Part as a police officer in Ontario so that the officer has the powers and protections of a police officer while performing police duties in Ontario if the extra-provincial commander is of the opinion that the operation or investigation in which the officer is participating could be compromised by the delay that would result if the extra-provincial commander were required to request the appointment under Part II.
Request to police force or detachment
(2) The request must be made to the local commander of the police force or detachment that provides police services in the area where the operation or investigation is expected primarily to be conducted.
Form of request
(3) The request may be made orally or in writing.
Content of request
(4) The request must include the following:
1. The information required by paragraphs 1 to 7 of subsection 4 (3).
2. Any other information that may be prescribed.
3. An explanation of how the operation or investigation could be compromised if the extra-provincial commander were required to request the appointment under Part II.
Additional information
13. The local commander may communicate with the extra-provincial commander, the extra-provincial police officer's immediate supervisor and the extra-provincial police officer to obtain any additional information about the request that he or she considers necessary.
Appointment
Timing of decision
14. As soon as reasonably possible after receiving a request, the local commander shall either make the requested appointment or advise the extra-provincial commander that the request has been denied.
Appointment
15. (1) The local commander may make the requested appointment if he or she is of the opinion that,
(a) it is appropriate in the circumstances for the extra-provincial police officer to be appointed as a police officer in Ontario; and
(b) the operation or investigation could be compromised by the delay that would result if the extra-provincial commander were required to request the appointment under Part II.
Appointment denied
(2) The local commander shall deny the requested appointment,
(a) if the Commission, as defined in the Police Services Act, has directed under subsection 25 (4.2) of that Act that the extra-provincial police officer,
(i) never be appointed again under this Act, or
(ii) not be appointed again under this Act for a specified period and, if the requested appointment is made, it would be effective during that period; or
(b) in prescribed circumstances.
Duration of appointment
(3) The duration of the appointment must be set out on the appointment form.
Conditions on appointment
(4) The local commander shall impose conditions on the appointment as may be required by the regulations and may impose any other conditions on the appointment that may be prescribed or that he or she considers appropriate, and the imposed conditions must be set out on the appointment form.
Providing appointment form
16. As soon as reasonably possible after making the appointment, the local commander shall provide a copy of the appointment form to the appointee and the appointee's extra-provincial commander.
When appointment effective
17. The appointment is effective on the effective date and time set out on the appointment form.
Notice to appointing official
18. (1) As soon as reasonably possible, but no later than three calendar days after making the appointment, the local commander shall provide an appointing official with a copy of the appointment form and all the information provided to the local commander in support of the request for the appointment.
Same
(2) If the local commander denies a request to make an appointment, he or she shall, as soon as reasonably possible after notifying the extra-provincial commander of the denial, provide an appointing official with notice that the request was made and denied, with all the information provided to the local commander in support of the request for the appointment and the reasons for denying it.
Renewing Appointment
Renewing appointment
19. (1) At the request of the extra-provincial commander, the local commander may renew an appointment made under this Part for a period of not more than 72 hours if,
(a) a request for an appointment under Part II has been made on the appointee's behalf; and
(b) the requested appointment has not yet been made or denied.
Applicable provisions
(2) Sections 12 to 18 apply with necessary modifications to the renewal of an appointment made under this Part.
Further extensions
(3) An appointment made under this Part may be renewed more than once, as long as the conditions in subsection (1) are satisfied.
PART
IV
APPOINTEE'S DUTIES AND STATUS
Notice
Advance notice to local commander
20. (1) Before performing any police duties in an area of Ontario, an appointee shall give notice to the local commander of the police force or detachment that provides police services in that area, unless the duties are of a routine nature that are unlikely to affect those police services or the operation or investigation could be compromised by giving notice.
Content of notice
(2) The notice must include a general description of the appointee's duties and the conditions imposed on the appointment.
Exception
(3) If it is impractical for the appointee to give notice to the local commander before performing any police duties in that area, the appointee shall do so as soon as reasonably possible after he or she starts performing police duties in that area.
Same
(4) This section does not apply to an appointee who was appointed under Part III by the local commander described in subsection (1).
Local Commander's Directions
Local commander may direct appointee
21. A local commander may direct an appointee about how the appointee's duties are to be performed in the area in which the local commander's police force or detachment provides police services in order to avoid interference with the provision of police services in that area.
Appointee's Duties
Appointee's duties
22. (1) An appointee shall comply with,
(a) this Act;
(b) the provisions of the Police Services Act and of the regulations made under that Act that apply to the appointee;
(c) the conditions imposed on his or her appointment; and
(d) any directions given to him or her by a local commander under section 21.
Same, carry identification
(2) An appointee shall carry proof of his or her appointment as a police officer in Ontario with him or her at all times that he or she is performing police duties in Ontario unless doing so could compromise the operation or investigation in which the appointee is participating.
Terminating Appointment
Terminating appointment
23. (1) An appointing official may terminate an appointment made under Part II or III before it expires if he or she is of the opinion that,
(a) the appointee has failed to,
(i) comply with this Act,
(ii) comply with a provision of the Police Services Act or of a regulation made under that Act that applies to the appointee,
(iii) comply with a condition imposed on his or her appointment,
(iv) comply with a direction given to him or her by a local commander under section 21, or
(v) act in a professional manner at any time while in Ontario; or
(b) it is no longer appropriate in the circumstances for the appointee to be a police officer in Ontario.
Same
(2) An appointing official shall terminate an appointment made under Part II or III before it expires in prescribed circumstances.
Notice of termination
(3) The appointing official shall provide a copy of the termination form as soon as reasonably possible to the appointee and the appointee's extra-provincial commander.
When termination effective
(4) The appointment is terminated on the later of the termination date set out on the termination form and the date when the appointee receives a copy of the termination form.
Request to terminate appointment
24. (1) If an appointee no longer requires the powers and protections of a police officer in Ontario, he or she shall notify his or her extra-provincial commander of that fact and shall provide an appointing official with a written request that the appointment be terminated.
Same
(2) Upon receiving a request that an appointment be terminated, the appointing official shall terminate the appointment and subsections 23 (3) and (4) apply to the termination.
Automatic termination
25. (1) The appointment of a person appointed under Part II or III who ceases to be a police officer appointed or employed under the law of another province or a territory, or who ceases to be a member of the same police force in another province or a territory of which he or she was a member at the time of his or her appointment under Part II or III, is thereby terminated.
Notice
(2) A person whose appointment is terminated as described in subsection (1) shall notify the appointing official or local commander who appointed him or her of the change in his or her status as soon as reasonably possible.
Appointee's Status
Status
26. While an appointment is in effect, the appointee is a police officer in Ontario and has, throughout Ontario, all the powers and protections that a police officer has by law, subject to any conditions imposed on the appointment.
Original employment relationship continues
Extra-provincial police officer
27. (1) An extra-provincial police officer who is appointed as a police officer in Ontario under this Act does not, by virtue of that appointment, become an employee of any police force or police services board in Ontario, or of the Crown in right of Ontario.
Ontario police officer
(2) The employment of an Ontario police officer by a police services board in Ontario or the Crown in right of Ontario is not terminated by virtue of his or her appointment as a police officer in another province or a territory under legislation that is similar in effect to this Act.
Application of Workplace Safety and Insurance Act, 1997
(3) For the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the relationship between an appointee and the body that employs him or her continues as if an appointment had not been made under this Act.
PART V
POLICE OVERSIGHT
Investigations, Hearings and Inquests
Ontario police officer to co-operate with investigation, etc., in other jurisdiction
28. (1) An Ontario police officer who has been appointed as a police officer in another province or a territory shall co-operate with an investigator, including a person conducting a criminal investigation, and appear before any inquest or hearing in the other province or territory if the investigation, hearing or inquest is held under authority of a statute to examine,
(a) the actions of the Ontario police officer or of any other police officer while the Ontario police officer was appointed as a police officer in the other province or territory; or
(b) the operation or investigation that led the Ontario police officer to be appointed as a police officer in the other province or territory.
Proviso
(2) An Ontario police officer is not required to comply with subsection (1) unless,
(a) a police officer from the province or territory in which the investigation, hearing or inquest is held would be required to co-operate with the investigator or appear before the inquest or hearing in that province or territory in the same situation; and
(b) the Ontario police officer is entitled to the same rights and privileges that a police officer from the province or territory in which the investigation, hearing or inquest is held would have in the same situation.
Disclosure of documents
29. (1) If an Ontario police officer is required to co-operate with an investigator or appear before an inquest or hearing as described in subsection 28 (1), the Ontario police force of which the officer is a member shall disclose and provide any relevant documents in its possession for the purpose of the investigation, hearing or inquest.
Proviso
(2) An Ontario police force is not required to comply with subsection (1) unless,
(a) a police force in the province or territory in which the investigation, hearing or inquest is held would be required to disclose and provide any relevant documents in its possession for the purpose of the investigation, hearing or inquest in the same situation; and
(b) the Ontario police force is entitled to the same rights and privileges that a police force in the province or territory in which the investigation, hearing or inquest is held would have in the same situation.
Discipline
Application of Commission's powers, complaints process to Ontario police officer
30. (1) Parts II and V of the Police Services Act apply to an Ontario police officer who has been appointed as a police officer in another province or a territory in respect of his or conduct in the other province or territory as if the conduct took place in Ontario.
Ombudsman Act not to apply
(2) The Ombudsman Act does not apply to anything done under Part V of the Police Services Act pursuant to subsection (1).
Application of Part V of Police Services Act to extra-provincial police officer
31. A public complaint made in respect of the conduct in Ontario of an extra-provincial police officer who is appointed as a police officer under this Act shall be reviewed and investigated under Part V of the Police Services Act, but an extra-provincial police officer is not subject to discipline proceedings under that Act with respect to his or her conduct in Ontario.
PART VI
INDEMNIFICATION
Indemnification
32. (1) Subject to an agreement under clause 33 (1) (a), a police services board in Ontario shall indemnify a police force in another province or a territory, or the person or entity that is responsible for that police force, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which the police force from that other province or territory is a party, if the action or proceeding arises out of the actions of a member of an Ontario municipal police force while the member was appointed as a police officer in that other province or territory.
Same
(2) Subject to an agreement under clause 33 (2) (a), the Crown in right of Ontario shall indemnify a police force in another province or a territory, or the person or entity that is responsible for that police force, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which the police force from that other province or territory is a party, if the action or proceeding arises out of the actions of a member of the Ontario Provincial Police while the member was appointed as a police officer in that other province or territory.
Subject to prescribed terms and conditions
(3) An indemnification under subsection (1) or (2) is subject to any prescribed terms and conditions.
Limited to jurisdictions with reciprocal provision
(4) Subsections (1) and (2) only apply in respect of a police force from another province or a territory that has legislation in force that is similar in effect to those subsections.
Indemnity agreement
33. (1) A police services board in Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising out of,
(a) the appointment of a member of an Ontario municipal police force as a police officer in another province or a territory; and
(b) the appointment of an extra-provincial police officer as a police officer in Ontario.
Same
(2) The Crown in right of Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising out of,
(a) the appointment of a member of the Ontario Provincial Police as a police officer in another province or a territory; and
(b) the appointment of an extra-provincial police officer as a police officer in Ontario.
PART
VII
GENERAL PROVISIONS
Appointing officials
34. The Minister may designate in writing any person or the members of any class of persons as an appointing official.
Recordkeeping
35. Every appointing official shall maintain records, as prescribed,
(a) of the appointments requested of him or her under Part II, and of the appointments he or she made or denied under that Part;
(b) of the appointments requested under Part III of which he or she is notified by a local commander, and of such appointments made or denied under that Part;
(c) of the appointments terminated under Part IV.
Notice
36. Every appointing official shall provide notice of the appointments requested, made and denied under Parts II and III, as described in clauses 35 (a) and (b), and of the appointments terminated under Part IV, as prescribed.
Reports
37. The Minister may from time to time request reports from an appointing official in respect of appointments requested, made or denied under Part II or III or in respect of appointments terminated under Part IV, and the appointing official shall provide such reports at the time, in the form and manner and containing the information as directed by the Minister.
Law of fresh pursuit not affected
38. Nothing in this Act affects the law regarding fresh pursuit by a peace officer.
Power of appointment reserved
39. Nothing in this Act limits or affects the power to appoint peace officers or special constables under another Act.
Minister's directives, guidelines
40. The Minister may issue directives and guidelines respecting policy matters related to matters governed by this Act.
Regulations
41. (1) The Minister may make regulations,
(a) prescribing additional information to be included in a request for an appointment under Part II or III;
(b) prescribing circumstances for the purposes of clauses 8 (2) (b) and 15 (2) (b) and subsection 23 (2);
(c) governing conditions that must or may be imposed on appointments made under Part II or III;
(d) prescribing terms and conditions for the purposes of section 32;
(e) governing the records to be kept by appointing officials under section 35;
(f) governing the notice to be provided under section 36.
Same
(2) The Lieutenant Governor in Council may make regulations prescribing additional powers and duties for appointing officials and local commanders under this Act.
Forms
42. (1) The Minister may approve forms for the purposes of this Act, including electronic forms, and provide for or require their use.
Same
(2) The appointments under Part II or III and the terminations under Part IV must be in a form approved by the Minister.
Part VIII
consequential Amendments to the Police Services Act
43. (1) Section 2 of the Police Services Act is amended by adding the following definitions:
"appointing official" has the same meaning as in the Interprovincial Policing Act, 2009; ("agent de nomination")
"extra-provincial commander" has the same meaning as in the Interprovincial Policing Act, 2009; ("commandant extraprovincial")
"local commander" has the same meaning as in the Interprovincial Policing Act, 2009; ("commandant local")
(2) The definitions of "member of a police force" and "police officer" in section 2 of the Act are repealed and the following substituted:
"member of a police force" means an employee of the police force or a person who is appointed as a police officer under the Interprovincial Policing Act, 2009; ("membre d'un corps de police")
"police officer" means a chief of police or any other police officer, including a person who is appointed as a police officer under the Interprovincial Policing Act, 2009, but does not include a special constable, a First Nations Constable, a municipal law enforcement officer or an auxiliary member of a police force; ("agent de police")
(3) Section 2 of the Act is amended by adding the following subsection:
Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a specific police force
(2) For the purposes of sections 49 and 132 to 134 of this Act, section 25.1 of the Criminal Code (Canada) and any designation of a police force made by the Solicitor General under section 2 of the Controlled Drugs and Substances Act (Police Enforcement) Regulations (Canada), a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be,
(a) a member of the Ontario Provincial Police;
(b) if he or she was appointed by a member of a municipal police force, a member of that municipal police force; or
(c) if he or she was appointed by a member of a board, a member of the municipal police force for which the board is responsible.
44. Subsection 22 (1) of the Act is amended by adding the following clause:
(b) conducting investigations with respect to appointing officials under the Interprovincial Policing Act, 2009 under section 25;
45. (1) Subsection 25 (1) of the Act is amended by adding the following clause:
(a.1) the performance of duties of an appointing official under the Interprovincial Policing Act, 2009;
(2) Section 25 of the Act is amended by adding the following subsection:
Officer appointed under the Interprovincial Policing Act, 2009 not to act during investigation, etc.
(3.1) A police officer appointed under the Interprovincial Policing Act, 2009 whose conduct or performance is being investigated or inquired into by the Commission under clause (1) (a) or who is the subject of a hearing before the Commission under that clause shall not perform any police duties in Ontario for the duration of the investigation or inquiry and hearing.
(3) Subsection 25 (4) of the Act is amended by striking out "the conduct of a police officer or municipal chief of police" and substituting "the conduct of a police officer, other than an officer appointed under the Interprovincial Policing Act, 2009, or municipal chief of police".
(4) Section 25 of the Act is amended by adding the following subsections:
Actions taken, officer appointed under the Interprovincial Policing Act, 2009
(4.2) If the Commission concludes, after a hearing, that the conduct of a police officer appointed under the Interprovincial Policing Act, 2009 is proved on clear and convincing evidence to be misconduct or that the police officer is incapable of performing the duties of his or her position in a satisfactory manner, it may do one or both of the following:
1. Terminate the officer's appointment as a police officer in Ontario.
2. Direct that the officer never be appointed again as a police officer in Ontario under the Interprovincial Policing Act, 2009, or not be appointed again as a police officer in Ontario under that Act for a specified period.
Actions taken, appointing official
(4.3) If the Commission concludes, after a hearing, that an appointing official is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may revoke the person's designation as an appointing official.
(5) Subsection 25 (6) of the Act is repealed and the following substituted:
Appeal to Divisional Court
(6) A member of a police force or of a board on whom a penalty is imposed under subsection (4) or (5) or an appointing official whose designation is revoked under subsection (4.3) may appeal to the Divisional Court within 30 days of receiving notice of the Commission's decision.
46. 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 employed by the police force and such other police officers employed by the police force and other employees of the police force as are adequate, and shall be provided with adequate equipment and facilities.
47. Section 43 of the Act is amended by adding the following subsection:
Exception
(3) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009 or to a candidate for appointment under that Act.
48. Section 45 of the Act is amended by adding the following subsection:
Exception
(2) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.
49. (1) Subsection 47 (1) of the Act is amended by striking out "a member" and substituting "an employee".
(2) Subsection 47 (2) of the Act is amended,
(a) by striking out "the member" wherever it appears and substituting in each case "the employee"; and
(b) by striking out "the member's" in clause (b) and substituting "the employee's".
(3) Subsection 47 (3) of the Act is amended by striking out "a member" and substituting "an employee".
(4) The English version of subsection 47 (3) of the Act is amended by striking out "the member's" and substituting "the employee's".
(5) Subsection 47 (4) of the Act is amended,
(a) by striking out "The member" at the beginning and substituting "The employee";
(b) by striking out "the member" wherever it appears in clause (a) and substituting in each case "the employee"; and
(c) by striking out "the member's" in clause (b) and substituting "the employee's".
(6) Subsection 47 (5) of the Act is amended by striking out "A member" at the beginning and substituting "An employee".
50. (1) The English version of clause 49 (1) (d) of the Act is repealed and the following substituted:
(d) in which he or she has an advantage derived from being a member of a police force.
(2) Section 49 of the Act is amended by adding the following subsection:
Exception, officer appointed under the Interprovincial Policing Act, 2009
(1.1) Clause (1) (c) does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.
51. Section 50 of the Act is amended by adding the following subsection:
Exception, officer appointed under the Interprovincial Policing Act, 2009
(7) This section does not apply in respect of a police officer appointed under the Interprovincial Policing Act, 2009.
52. Part V of the Act is amended by adding the following section:
Complaints about Ontario police officers acting in another province or territory
58.1 (1) On receipt of a report from a person or body responsible for reviewing complaints about police officers in another province or a territory about a complaint made against an Ontario police officer appointed to act as a police officer in that province or territory, the Solicitor General, a chief of police or a board shall forward the report to the Independent Police Review Director.
Same
(2) On receipt of a report described in subsection (1), either directly from the person or body that prepared the report or from the Solicitor General, a chief of police or a board, the Independent Police Review Director shall deal with the complaint under this Part as if it were made by a member of the public in respect of a police officer's conduct in Ontario.
Same
(3) In dealing with a complaint as provided by subsection (2), the complainant, for the purposes of this Part, is the person or entity that brought the complaint in the other province or territory and the person or body that prepared the report.
53. (1) Subsection 60 (7) of Part V of the Act is repealed and the following substituted:
Notice
(7) If the Independent Police Review Director decides not to deal with a complaint, other than a complaint described in subsection (9), in accordance with this section, he or she shall notify the complainant and the chief of police of the police force to which the matter relates in writing of the decision, with reasons, and in the case of the chief of police, shall also give notice of the substance of the complaint.
(2) Section 60 of Part V of the Act is amended by adding the following subsection:
Same, officer appointed under Interprovincial Policing Act, 2009
(9) If the Independent Police Review Director decides not to deal with a complaint about the conduct of a police officer appointed under the Interprovincial Policing Act, 2009 in accordance with this section, he or she shall notify the complainant and the appointing official or local commander who appointed the police officer under that Act, or a prescribed appointing official, in writing of the decision, with reasons and the substance of the complaint, and the appointing official or local commander shall in turn give the same notification to the police officer who is the subject of the complaint and his or her extra-provincial commander.
54. Subsections 61 (5), (6) and (7) of Part V of the Act are repealed and the following substituted:
Complaints about officer other than chief
(5) A complaint about the conduct of a police officer, other than a chief of police, deputy chief of police or a police officer appointed under the Interprovincial Policing Act, 2009, shall be,
(a) referred by the Independent Police Review Director to the chief of police of the police force to which the complaint relates and dealt with under section 66;
(b) referred by the Independent Police Review Director to the chief of police of a police force other than the police force to which the complaint relates and dealt with under section 67; or
(c) retained by the Independent Police Review Director and dealt with under section 68.
Same, officer appointed under the Interprovincial Policing Act, 2009
(5.1) A complaint about the conduct of a police officer appointed under the Interprovincial Policing Act, 2009 shall be,
(a) referred by the Independent Police Review Director to any chief of police and dealt with under section 68.1; or
(b) retained by the Independent Police Review Director and dealt with under section 68.2.
Same
(6) In exercising his or her discretion under subsection (5) or (5.1), the Independent Police Review Director shall consider the nature of the complaint and the public interest.
Same
(7) The Independent Police Review Director may, in referring a complaint to a chief of police under subsection (5) or (5.1), direct the chief of police to deal with the complaint as the Independent Police Review Director specifies.
55. (1) Section 62 of Part V of the Act is amended by adding the following subsections:
Same, officer appointed under the Interprovincial Policing Act, 2009
(3.1) If a complaint about the conduct of a police officer is referred under clause 61 (5.1) (a) to a chief of police or retained by the Independent Police Review Director under clause 61 (5.1) (b), the Independent Police Review Director shall promptly give notice of the substance of the complaint to the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official.
Same
(3.2) On receipt of a notice under subsection (3.1), the appointing official or local commander shall promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint and his or her extra-provincial commander unless,
(a) in the opinion of the appointing official or local commander, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the appointing official or local commander not to give notice to the police officer or the extra-provincial commander.
(2) Subsection 62 (4) of Part V of the Act is amended by striking out "clause (1) (b) or (3) (b)" and substituting "clause (1) (b), (3) (b) or (3.2) (b)".
56. Part V of the Act is amended by adding the following sections:
Complaints about conduct of officer appointed under Interprovincial Policing Act, 2009, investigation by police force
68.1 (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5.1) (a) to be investigated and the investigation to be reported on in a written report.
Same
(2) The chief of police shall submit the written report to the Independent Police Review Director who shall deal with the written report as if it had been prepared by him or her under section 68.2. The chief of police may also forward to the Independent Police Review Director any other information related to the complaint, as he or she considers appropriate or as the Independent Police Review Director may request.
Complaints about conduct of officer appointed under Interprovincial Policing Act, 2009, Independent Police Review Director investigation
68.2 (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5.1) (b) to be investigated and the investigation to be reported on in a written report.
Unsubstantiated complaint
(2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, together with a copy of the written report, and the appointing official or local commander shall in turn give the same notification to the police officer who is the subject of the complaint and his or her extra-provincial commander.
Matter referred to extra-provincial complaints body
(3) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80, he or she shall refer the matter, together with a copy of the written report, to the person or body that is responsible for complaints made against the police officer in the province or territory where he or she was employed as a police officer at the time of his or her appointment under the Interprovincial Policing Act, 2009 and shall notify the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, that the matter has been so referred, together with a copy of the written report. The Independent Police Review Director may also forward to the person or body that is responsible for complaints against the police officer any other information related to the complaint, as he or she considers appropriate.
Same
(4) On receipt of the notice under subsection (3), the appointing official or local commander shall in turn notify the police officer who is the subject of the complaint and his or her extra-provincial commander that the matter has been referred, together with the written report.
Same
(5) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct that is not of a serious nature, he or she shall forward that opinion in referring the matter to the person or body in the other province or territory under subsection (3).
57. Subsection 76 (1) of Part V of the Act is amended by striking out "on his or her police force" and substituting "employed by his or her police force".
58. Section 90 of Part V of the Act is amended by adding the following subsection:
Exception, officers appointed under the Interprovincial Policing Act, 2009
(5) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.
59. Part V of the Act is amended by adding the following section before the heading "Performance Audits":
Termination of officers appointed under the Interprovincial Policing Act, 2009
90.1 This Part applies to a police officer appointed under the Interprovincial Policing Act, 2009 even after his or her appointment under that Act is terminated.
60. Section 113 of the Act is amended by adding the following subsection:
Co-operation of appointing officials
(10) Appointing officials shall co-operate fully with the members of the unit in the conduct of investigations.
61. Section 115 of the Act is amended by adding the following subsection:
Officers appointed under the Interprovincial Policing Act, 2009
(3) This Part does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.
62. The definition of "police force employee" in subsection 131.1 (2) of the Act is repealed.
Part
IX
Commencement and Short Title
Commencement
63. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
64. The short title of this Act is the Interprovincial Policing Act, 2009.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 203 and does not form part of the law. Bill 203 has been enacted as Chapter 30 of the Statutes of Ontario, 2009.
The Bill is modelled on the Uniform Cross-Border Policing Act, which was adopted in 2003 by both the Criminal and Civil Sections of the Uniform Law Conference of Canada.
The Bill establishes a system for temporarily appointing police officers from other Canadian provinces and territories (except Royal Canadian Mounted Police officers) as police officers in Ontario. It also recognizes the possibility that Ontario police officers may be temporarily appointed as police officers in other Canadian provinces and territories under similar legislation enacted by them, and addresses Ontario's continuing supervision over Ontario police officers so appointed.
Parts II and III of the Bill - Appointments
Part II of the Bill sets out the standard procedure for appointing a police officer from another Canadian jurisdiction (referred to in the Bill as an extra-provincial police officer) as a police officer in Ontario. Under this Part, a request may be made by a commanding officer or other head of a police force in another Canadian jurisdiction (referred to in the Bill as an extra-provincial commander) that a police officer under his or her command be appointed as a police officer in Ontario. The request is made to an appointing official in Ontario, who is designated by the Minister of Community Safety and Correctional Services for this purpose. Before deciding to make the appointment, the appointing official is required to consult with any Ontario police force that will be primarily affected by the appointment and may consult with any other police force that will or might be affected. The appointment can be for a maximum of three years, and an extra-provincial police officer may be reappointed in Ontario for additional three-year periods.
Part III of the Bill sets out the procedure for appointing an extra-provincial police officer as a police officer in Ontario in urgent circumstances. If the extra-provincial police officer's proposed operation or investigation in Ontario would be compromised by the delay of applying under the standard procedure, the request for appointment may be made to the commander of an Ontario police force or of an Ontario Provincial Police detachment (referred to in the Bill as a local commander), who may appoint an extra-provincial police officer as a police officer in Ontario for a maximum of 72 hours. The appointment may be renewed for further 72-hour periods if a standard procedure request has been submitted but has not yet been decided.
Part IV of the Bill - Duties and Status of Appointees
An appointee is required to notify the local police force or Ontario Provincial Police detachment before he or she performs any police duties in Ontario. An appointee is exempted from giving this notice if the duties are routine and unlikely to affect the police services provided by the local police force or detachment or if the operation or investigation could be compromised by giving notice. An appointee is required to perform his or her duties subject to any directions issued by the commander of the local police force or detachment.
An appointing official may terminate an appointment if the appointee fails to comply with the Act, the Police Services Act or its regulations, a condition of his or her appointment or a direction of a local commander, if the appointee fails to act in a professional manner while in Ontario or if it is no longer appropriate for the appointee to be a police officer in Ontario. The Minister of Community Safety and Correctional Services may prescribe circumstances in which appointing officials must terminate an appointee's appointment. An appointment is automatically terminated if the appointee ceases to be a police officer in his or her home jurisdiction or on his or her home police force.
An appointee has all the powers and protections of a police officer in Ontario for the duration of his or her appointment. An appointee's employment status does not change by virtue of his or her appointment; he or she does not become an employee of an Ontario police force or police services board, or of the Crown in right of Ontario.
The employment status of an Ontario police officer who is appointed as a police officer in another Canadian jurisdiction under similar legislation in that jurisdiction does not change by virtue of his or her appointment; he or she remains an employee of an Ontario police services board or of the Crown in right of Ontario.
Part V of the Bill - Oversight
An Ontario police officer appointed in another province or a territory is required to co-operate with any investigation, inquest or hearing in that province or territory, but only to the extent and with the same rights and privileges that would apply to a police officer from that other province or territory in the same situation.
An extra-provincial police officer who is appointed as a police officer in Ontario is not subject to the discipline proceedings in Part V of the Police Services Act. The complaints and discipline provisions of the Police Services Act continue to apply to an Ontario police officer who is appointed as a police officer in another province or a territory in respect of his or her conduct there as if that conduct took place in Ontario.
Part VI of the Bill - Indemnification
An Ontario police services board or the Crown in right of Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising from the appointment of an Ontario police officer in another province or a territory or the appointment of an extra-provincial police officer as a police officer in Ontario. Subject to such agreements, an Ontario police services board or the Crown in right of Ontario shall indemnify a police force in another province or a territory, or the body responsible for such police force, against the costs, charges and expenses arising from the actions of an Ontario police officer while he or she was appointed as a police officer there. This indemnification applies only if the other province or territory has legislation that provides for reciprocal indemnification with respect to the costs, charges and expenses arising from the actions of an extra-provincial police officer while he or she was appointed as a police officer in Ontario.
Part VII of the Bill - General Provisions
The general provisions include reporting and recordkeeping requirements, regulation-making powers and rules respecting forms to be used. There are also sections providing that the Bill does not affect the law regarding fresh pursuit by a peace officer or the power to appoint peace officers or special constables under another Act.
Part VIII of the Bill - Consequential Amendments to the Police Services Act
The Police Services Act is amended so that it generally applies to extra-provincial police officers appointed as police officers in Ontario as if they were Ontario police officers and members of either a municipal police force or of the Ontario Provincial Police. However, extra-provincial police officers appointed in Ontario are not employees of an Ontario police force for purposes of employment-related provisions in the Police Services Act.
The Commission that is charged with civilian oversight of police officers in Ontario is given similar oversight powers over extra-provincial police officers appointed as police officers in Ontario and over appointing officials. It continues to have oversight of Ontario police officers who are appointed as police officers in another province or a territory of Canada.
Part V of the Police Services Act deals with complaints against police officers. This is amended so that a complaint made in Ontario against an extra-provincial police officer appointed in Ontario is only preliminarily reviewed in Ontario; if an Ontario police chief or the Independent Police Review Director who reviews the complaint is of the opinion that the extra-provincial police officer's conduct may constitute misconduct or unsatisfactory work performance, he or she is required to refer the matter to the police officer's home jurisdiction to be dealt with there.
Part V is also amended to provide that a complaint in respect of the conduct of an Ontario police officer who has been appointed as a police officer in another province or a territory is to be dealt with under the Police Services Act as if it were a complaint in respect of an Ontario police officer's conduct in Ontario.