Interprovincial Policing Act, 2009, S.O. 2009, c. 30

JurisdictionOntario

Interprovincial Policing Act, 2009

S.o. 2009, chapter 30

Consolidation Period: From March 6, 2024 to the e-Laws currency date.

Last Amendment: 2024, c. 2, Sched. 4, s. 9.

CONTENTS

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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2019, c. 1, Sched. 4, s. 26 (3))

“Inspector General” means the Inspector General of Policing appointed under the Community Safety and Policing Act, 2019; (“inspecteur général”)

“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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Ontario police officer” in section 1 of the Act is amended by striking out “an employee of” and substituting “a member of”. (See: 2019, c. 1, Sched. 4, s. 26 (4))

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2019, c. 1, Sched. 4, s. 26 (5))

“police service board” has the same meaning as in the Community Safety and Policing Act, 2019; (“commission de service de police”)

“prescribed” means prescribed by regulation made under this Act. (“prescrit”) 2009, c. 30, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by striking out “Police Services Act” wherever it appears and substituting in each case “Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 26 (1))

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 26 (2))

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 28 (1-5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 26 (1-5) - not in force

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. 2009, c. 30, s. 2.

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. 2009, c. 30, s. 3 (1).

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. 2009, c. 30, s. 3 (2).

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. 2009, c. 30, s. 4 (1).

Request to appointing official

(2) The request must be made in writing to an appointing official using a form approved by the Minister. 2009, c. 30, s. 4 (2).

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. 2009, c. 30, s. 4 (3).

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. 2009, c. 30, s. 5.

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. 2009, c. 30, s. 6 (1).

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. 2009, c. 30, s. 6 (2).

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. 2009, c. 30, s. 6 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 26 (6))

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 28 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 26 (6) - not in force

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. 2009, c. 30, s. 7.

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. 2009, c. 30, s. 8 (1).

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. 2009, c. 30, s. 8 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (2) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 26 (7))

Appointment denied

(2) The appointing official shall deny the requested appointment in prescribed circumstances. 2019, c. 1, Sched. 4, s. 26 (7).

Duration of appointment

(3) The duration or expiry date of the appointment must be set out on the appointment form. 2009, c. 30, s. 8 (3).

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. 2009, c. 30, s. 8 (4).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 28 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 26 (7) - not in force

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. 2009, c. 30, s. 9.

When appointment effective

10 The appointment is effective on the effective date set out on the appointment form. 2009, c. 30, s. 10.

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. 2009, c. 30, s. 11.

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