Police Services Act, R.S.O. 1990, c. P.15

• Jurisdiction: Ontario

Police Services Act

R.S.O. 1990, CHAPTER P.15

Consolidation Period: From April 28, 2022 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 1, Sched. 3, s. 2)

Last amendment: 2022, c. 15.

CONTENTS

Declaration of principles

1 Police services 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.

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

3. The need for co-operation between the providers of police services 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 ensure that police forces are representative of the communities they serve. R.S.O. 1990, c. P.15, s. 1.

Definitions

2 (1) In this Act,

“appointing official” has the same meaning as in the Interprovincial Policing Act, 2009; (“agent de nomination”)

“association” means an association whose members belong to one police force and whose objects include the improvement of their working conditions and remuneration; (“association”)

“board” means a municipal police services board; (“commission de police”)

“chief of police” means a municipal chief of police or the Commissioner of the Ontario Provincial Police and includes an acting chief of police; (“chef de police”)

“Commission” means the Ontario Civilian Police Commission; (“Commission”)

“Commissioner” means the Commissioner of the Ontario Provincial Police; (“commissaire”)

“extra-provincial commander” has the same meaning as in the Interprovincial Policing Act, 2009; (“commandant extraprovincial”)

“Independent Police Review Director” means the person appointed under subsection 26.1 (1); (“directeur indépendant d’examen de la police”)

“local commander” has the same meaning as in the Interprovincial Policing Act, 2009; (“commandant local”)

“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 force” means the Ontario Provincial Police or a municipal police force; (“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”)

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

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

“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”) R.S.O. 1990, c. P.15, s. 2; 1997, c. 8, s. 1; 1999, c. 6, s. 55 (1); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. N, s. 58; 2005, c. 5, s. 58 (1, 2); 2007, c. 5, s. 1; 2009, c. 18, Sched. 23, s. 14; 2009, c. 30, s. 43 (1, 2).

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) or subsection 2 (1) of the Cannabis 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. 2009, c. 30, s. 43 (3); 2019, c. 1, Sched. 2, s. 1.

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

1997, c. 8, s. 1 - 27/11/1997; 1999, c. 6, s. 55 (1) - 01/03/2000

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. N, s. 58 - 26/11/2002

2005, c. 5, s. 58 (1, 2) - 09/03/2005

2007, c. 5, s. 1 - 19/10/2009

2009, c. 18, Sched. 23, s. 14 - 05/06/2009; 2009, c. 30, s. 43 (1-3) - 05/07/2010

CTS 20 AU 14 - 1

2019, c. 1, Sched. 2, s. 1 - 26/03/2019

PART I
RESPONSIBILITY FOR POLICE SERVICES

Solicitor General

Administration of Act

3 (1) Repealed: 2007, c. 5, s. 2.

Duties and powers of Solicitor General

(2) The Solicitor General shall,

(a) monitor police forces to ensure that adequate and effective police services are provided at the municipal and provincial levels;

(b) monitor boards and police forces to ensure that they comply with prescribed standards of service or standards established under the Police Record Checks Reform Act, 2015;

(c) Repealed: 1995, c. 4, s. 4 (1).

(d) develop and promote programs to enhance professional police practices, standards and training;

(e) conduct a system of inspection and review of police forces across Ontario;

(f) assist in the co-ordination of police services;

(g) consult with and advise boards, community policing advisory committees, municipal chiefs of police, employers of special constables and associations on matters relating to police and police services;

(h) develop, maintain and manage programs and statistical records and conduct research studies in respect of police services and related matters;

(i) provide to boards, community policing advisory committees and municipal chiefs of police information and advice respecting the management and operation of police forces, techniques in handling special problems and other information calculated to assist;

(j) issue directives and guidelines respecting policy matters;

(k) develop and promote programs for community-oriented police services;

(l) operate the Ontario Police College. R.S.O. 1990, c. P.15, s. 3 (2); 1995, c. 4, s. 4 (1); 1997, c. 8, s. 2 (2, 3); 2015, c. 30, s. 26 (1).

Ontario Police College continued

(3) The police college known as the Ontario Police College for the training of members of police forces is continued. R.S.O. 1990, c. P.15, s. 3 (3).

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

1995, c. 4, s. 4 (1) - 14/12/1995; 1997, c. 8, s. 2 (1-3) - 27/11/1997

2007, c. 5, s. 2 - 19/10/2009

2015, c. 30, s. 26 (1) - 01/11/2018

Municipalities

Police services in municipalities

4 (1) Every municipality to which this subsection applies shall provide adequate and effective police services in accordance with its needs. 1997, c. 8, s. 3.

Core police services

(2) Adequate and effective police services must include, at a minimum, all of the following police services:

1. Crime prevention.

2. Law enforcement.

3. Assistance to victims of crime.

4. Public order maintenance.

5. Emergency response. 1997, c. 8, s. 3.

Infrastructure for police services

(3) In providing adequate and effective police services, a municipality shall be responsible for providing all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies. 1997, c. 8, s. 3.

Application

(4) Subsection (1) applies to,

(a) single-tier municipalities;

(b) lower-tier municipalities in the County of Oxford and in counties; and

(c) regional municipalities, other than the County of Oxford. 2002, c. 17, Sched. F, Table.

(5) Repealed: 2002, c. 17, Sched. F, Table.

Exception

(6) Despite subsection (4), the councils of the County of Oxford and of all the lower-tier municipalities within the County of Oxford may agree to have subsection (1) apply to the County of Oxford and not to the lower-tier municipalities but, having made such agreement, the councils cannot thereafter revoke it. 2002, c. 17, Sched. F, Table.

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

1997, c. 8, s. 3 - 27/11/1997

2002, c. 17, Sched. F, Table - 01/01/2003

Methods of providing municipal police services

5 (1) A municipality’s responsibility to provide police services shall be discharged in one of the following ways:

1. The council may establish a police force, the members of which shall be appointed by the board under clause 31 (1) (a).

2. The council may enter into an agreement under section 33 with one or more other councils to constitute a joint board and the joint board may appoint the members of a police force under clause 31 (1) (a).

3. The council may enter into an agreement under section 6 with one or more other councils to amalgamate their police forces.

4. The council may enter into an agreement under section 6.1 with the council of another municipality to have its police services provided by the board of the other municipality, on the conditions set out in the agreement, if the municipality that is to receive the police services is contiguous to the municipality that is to provide the police services or is contiguous to any other municipality that receives police services from the same municipality.

5. The council may enter into an agreement under section 10, alone or jointly with one or more other councils, to have police services provided by the Ontario Provincial Police.

6. With the Commission’s approval, the council may adopt a different method of providing police services. 1997, c. 8, s. 4.

Same – different methods in one municipality

(2) Subject to subsection (3), a municipality’s responsibility to provide police services may be discharged in one way set out in subsection (1) in one discrete area of the municipality and in...