Comprehensive Ontario Police Services Act, 2019, S.O. 2019, c. 1 - Bill 68

• Jurisdiction: Ontario
• Date: 26 March 2019
• Bill Number: 68

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 68 and does not form part of the law. Bill 68 has been enacted as Chapter 1 of the Statutes of Ontario, 2019.

The Bill enacts, amends or repeals various Acts and revokes various regulations. The major elements of the Bill are described below.

SCHEDULE 1
COMMUNITY SAFETY AND POLICING ACT, 2019

The Schedule enacts the Community Safety and Policing Act, 2019.

Part I (Principles and Interpretation)

The declaration of principles remains similar to the current Police Services Act, with the addition of the need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities and the need to ensure that all parts of Ontario, including First Nation reserves, receive equitable levels of policing.

A number of terminology changes are made relative to the current Police Services Act. “Police force” is replaced with “police service”. “Police services” provided by police is replaced with the term “policing”. “First Nations Constable” is changed to “First Nation Officer”. “Board” is replaced with “police service board”.

Part II (Minister’s Duties and Powers)

This Part sets out the Minister’s general duties and powers under the Act.

The Minister is entitled to receive prescribed information in accordance with the regulations from certain police entities and to receive certain information on request. The rules respecting the collection, use and disclosure of personal information for the purpose of discharging the Minister’s duties, and for research purposes, are set out. The Information and Privacy Commissioner is given the power to review the practices of the Minister in relation to personal information. Offences related to the unauthorized use and disclosure of this information are set out.

Part III (Provision of Policing)

Police service boards and the Commissioner of the Ontario Provincial Police (the “Commissioner”) are responsible for providing adequate and effective policing in their areas of policing responsibility. Adequate and effective policing is defined in this Part as including various policing functions provided in accordance with the standards set out in the regulations and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code.

Police service boards can be divided into municipal boards, maintained by a municipality, and First Nation boards, created at the request of a First Nation. These boards have an area of policing responsibility established later in the Act. The Commissioner has policing responsibility for every area of Ontario that is outside the areas for which the police service boards have policing responsibility.

The regulations may provide that a prescribed policing provider is to provide a policing function in an area. In this case, the prescribed policing provider is to provide the policing function, instead of or along with the police service board or the Commissioner.

Members of the police service, or persons acting under their direction, must be used to deliver the policing functions that are the components of adequate and effective policing, unless the regulations provide otherwise.

The regulations may allow a police service board or the Commissioner to enter into agreements with other police service boards, the Commissioner or prescribed entities to have them provide certain policing functions. Some policing functions may only be provided by members of a police service or persons assisting those members while acting under their direction. The responsibility for ensuring that the standards for adequate and effective policing are met remains with the police service board or Commissioner.

Rules are set out for the provision of policing in special areas, agreements for additional services and the cost of providing extra policing.

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

Part IV (Municipal Policing and Police Service Boards)

This Part sets out how municipalities may provide policing and the rules that apply to police service boards (both municipal boards and First Nation boards).

Municipalities may provide policing in their municipality in several ways, subject to the Minister’s approval.

Municipal councils that maintain a municipal board are required to prepare a diversity plan to ensure that the board members are representative of the diversity of the population in the area. Rules respecting the name and size of municipal boards are set out.

First Nations may request the constitution of a First Nation board by a Minister’s regulation. The Minister shall consider the request and may make a regulation constituting the First Nation board to have policing responsibility for an area.

The remainder of the Part sets out the rules that apply to all police service boards. This includes the process for appointing members to the boards. It also includes the duties of the police service boards, which include employing members of the police service and monitoring the chief of police’s performance. The police service boards also establish policies and prepare strategic plans for their police services. Rules for liability, committees, meetings, quorum and other administrative issues are set out.

Municipal boards and First Nation boards that believe their funding is insufficient may apply for conciliation or arbitration of the dispute.

Part V (Ontario Provincial Police)

This Part sets out the duties and responsibilities of the Ontario Provincial Police (the “O.P.P.”) and the governance provisions that apply to it.

The Commissioner is appointed by the Lieutenant Governor in Council and has the power to appoint members of the Ontario Provincial Police as police officers. The Minister establishes policies and prepares a strategic plan for the O.P.P.

This Part provides for the constitution of O.P.P. detachment boards. O.P.P. detachment boards advise O.P.P. detachment commanders with respect to policing provided by the detachment. They may establish local policies and local action plans with respect to a wide range of matters.

The Part also establishes the Ontario Provincial Police Governance Advisory Council. The Advisory Council’s role is to provide advice to the Minister regarding the use of the Minister’s powers with respect to the O.P.P.

The Part provides for agreements with First Nations to have the Commissioner provide policing in a First Nation reserve or other specified areas. First Nations may request the constitution of a First Nation O.P.P. board by a Minister’s regulation. These boards have many of the same functions and powers as an O.P.P. detachment board and are also responsible for overseeing the agreement with the First Nation.

Part VI (Police Officers and Other Policing Personnel)

The duties of chiefs of police are set out. Chiefs of police are given the power to disclose personal information in certain circumstances. They are also required to perform an internal investigation if a member of their police service is being investigated by the SIU Director. The police service board or the Minister, as applicable, is required to perform an internal investigation of a chief of police or deputy chief of police, including of the Commissioner or a Deputy Commissioner.

The duties of police officers are set out and the requirements for a person to be appointed as a police officer are established. The Part also establishes the probationary period of newly appointed police officers for police services maintained by a police service board.

Members of a police service must meet prescribed qualifications to hold their position, if any such qualifications are set out in the regulations.

The police service boards and the Commissioner are required to accommodate the needs of a member of a police service who has a disability in accordance with the Human Rights Code. If a police officer is incapable of fulfilling the essential duties or requirements of his or her position and cannot be accommodated without undue hardship, the Act sets out a procedure for retiring or terminating the employment of the officer.

Members of a police service are not permitted to engage in secondary activities unless the chief of police determines otherwise, including activities that would place them in conflicts of interest or that would otherwise constitute full-time employment for another person.

This Part also provides for the appointment of police cadets and auxiliary members of the police service.

Police service boards and the Commissioner are given the power to appoint persons as special constables. Special constables have to meet certain eligibility criteria and are issued a certificate of appointment specifying the name of the employer for whom they may work, the powers of a police officer that they may exercise, if any, and the purpose for which they may act.

The Minister may issue authorizations to employ special constables. Special constable employers have certain duties established by the Act and are required to investigate conduct of their special constable employees that may contravene the Act or the regulations. Their authorization to employ special constables may be suspended or terminated for a variety of reasons, including a failure to take appropriate action against a special constable employee who may have contravened the Act or the regulations.

This Part also provides for the appointment of First Nation Officers. First Nation Officers are peace officers and have the powers of a police officer for the purpose of carrying out their duties.

Part VII (Inspector General of Policing)

The Lieutenant Governor in Council appoints an Inspector General of Policing. The Inspector General’s duties are to monitor and conduct inspections related to compliance with the Act and to deal with certain complaints regarding policing and board members.

The Inspector General is entitled to receive...