Police Services Act, 2018, S.O. 2018, c. 3, Sched. 1

• Jurisdiction: Ontario

Police Services Act, 2018

S.o. 2018, chapter 3
Schedule 1

Historical version for the period May 8, 2018 to March 25, 2019.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

Last amendments: 2018, c. 8, Sched. 25.

CONTENTS

PART I
Principles and Interpretation

Declaration of principles

1 Policing shall be provided throughout Ontario in accordance with the following principles:

1. The need to ensure the safety and security of all persons and property in Ontario, including on First Nation reserves.

2. The importance of safeguarding the fundamental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.

3. The need for co-operation between policing providers and the communities they serve.

4. The importance of respect for victims of crime and understanding of their needs.

5. The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.

6. The need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities.

7. The need to ensure that police services and police service boards are representative of the communities they serve.

8. The need to ensure that all parts of Ontario, including First Nation reserves, receive equitable levels of policing.

Interpretation

2 (1) In this Act,

“adequate and effective policing” has the meaning set out in subsection 11 (1); (“services policiers convenables et efficaces”)

“Advisory Council” means the Ontario Provincial Police Governance Advisory Council established under subsection 72 (1); (“Conseil consultatif”)

“Arbitration Commission” means the Ontario Police Arbitration Commission continued by subsection 184 (1); (“Commission d’arbitrage”)

“authorized policing provider” means a police service board, the Commissioner or a prescribed entity that has a written agreement under section 14 to provide a policing function in an area; (“prestataire de services policiers autorisé”)

“auxiliary member” means a member of a police service appointed under section 122; (“membre auxiliaire”)

“band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“chief of police” means a chief of police of a police service maintained by a police service board or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”)

“civilian position” means,

(a) in the case of the Ontario Provincial Police, a position normally performed by a member of the civilian employees’ bargaining unit referred to in paragraph 2 of subsection 2 (1) of the Ontario Provincial Police Collective Bargaining Act, 2006, or

(b) in the case of any other police service, a position normally performed by a member of the police service who is not a police officer; (“poste civil”)

“Commissioner” means the Commissioner of the Ontario Provincial Police appointed under subsection 56 (1), and includes an acting Commissioner; (“commissaire”)

“community safety and well-being plan” means a community safety and well-being plan described in section 198; (“plan de sécurité et de bien-être communautaires”)

“Complaints Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act, 2018; (“directeur des plaintes”)

“de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“First Nation board” means a board constituted under section 32; (“commission de Première Nation”)

“First Nation Officer” means a person appointed under section 132 as a First Nation Officer; (“agent de Première Nation”)

“First Nation O.P.P. board” means a board constituted under section 77; (“conseil de Première Nation sur la Police provinciale”)

“First Nation reserve” means a reserve as defined in the Indian Act (Canada); (“réserve de Première Nation”)

“for-profit entity” means a corporation incorporated under the Business Corporations Act or the Canada Business Corporations Act or any other prescribed entity; (“entité à but lucratif”)

“Inspector General” means the Inspector General of Policing appointed under subsection 79 (1); (“inspecteur général”)

“local commander” means a chief of police of a police service or a commander of a detachment, or his or her designate; (“commandant local”)

“member of a police service” means,

(a) a member of the Ontario Provincial Police,

(b) a chief of police of any other police service,

(c) an employee of a police service board who is under the direction of a chief of police,

(d) an auxiliary member of a police service, or

(e) a person appointed as a police officer under the Interprovincial Policing Act, 2009; (“membre d’un service de police”)

“member of the Ontario Provincial Police” means,

(a) the Commissioner,

(b) a person employed under Part III of the Public Service of Ontario Act, 2006 who is under the direction of the Commissioner, or

(c) an auxiliary member of the Ontario Provincial Police; (“membre de la Police provinciale de l’Ontario”)

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“municipal board” means a board constituted by a municipal council or councils under section 22, 23, 24 or 25; (“commission municipale”)

“O.P.P. detachment board” means a board referred to in section 67; (“conseil de détachement de la Police provinciale”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“police association” means,

(a) the Ontario Provincial Police Association, or

(b) an association, other than a trade union, whose members are employees of a police service board who are members of the police service maintained by the police service board; (“association de policiers”)

“police officer” means a member of a police service who is appointed as a police officer or a person who is appointed as a police officer under the Interprovincial Policing Act, 2009 and, for greater certainty, does not include a special constable, a First Nation Officer, a municipal by-law enforcement officer, a police cadet or an auxiliary member of a police service; (“agent de police”)

“police record check” means a search to be conducted of the Canadian Police Information Centre databases or another police database maintained by a police service in Canada to determine whether the databases contain entries relating to an individual in order to screen the individual; (“vérification de dossier de police”)

“police service” means the Ontario Provincial Police or a police service maintained by a police service board; (“service de police”)

“police service board” means,

(a) a municipal board, or

(b) a First Nation board; (“commission de service de police”)

“policing function” means a function listed in subsection 11 (1) or a part of one of those functions; (“fonction policière”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“prescribed policing provider” means a public sector body that is an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act and that is prescribed to provide a policing function in an area in accordance with section 12; (“prestataire de services policiers prescrit”)

“professional misconduct” means professional misconduct as set out in section 146; (“faute professionnelle”)

“public sector body” means,

(a) a Ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof,

(b) a municipality,

(c) a local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006,

(d) a municipally-controlled corporation as defined in section 223.1 of the Municipal Act, 2001, and

(e) a city-controlled corporation as defined in section 156 of the City of Toronto Act, 2006; (“organisme du secteur public”)

“regulations” means the regulations made under this Act; (“règlements”)

“research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”)

“research ethics board” means a board of persons that is established for the purpose of approving research plans under section 6 and that meets the prescribed requirements; (“commission d’éthique de la recherche”)

“SIU Director” has the meaning set out in subsection 2 (1) of the Policing Oversight Act, 2018; (“directeur de l’UES”)

“special constable” means a person appointed as a special constable under section 123; (“agent spécial”)

“special constable employer” means a person authorized to employ special constables under section 128; (“employeur d’agents spéciaux”)

“specialized policing function” means a policing function that requires specialized training or equipment in order to be provided; (“fonction policière spécialisée”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”)

“trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”)

“Tribunal” means the Ontario Policing Discipline Tribunal; (“Tribunal”)

“workplace misconduct”...