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 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 Inspector General’s duties are set out.
Any person may complain to the Inspector General that a member of one of the boards regulated under the Act, or of the Advisory Council, is not complying with the applicable code of conduct. Complaints may also be made about various other policing matters. The Inspector General is to consider the complaints and, if there are grounds for investigation, investigate them.
The Inspector General may appoint inspectors and cause inspections to be conducted. Inspectors have a wide variety of inspection powers, including the power to require responses to their inquiries.
Inspectors report their findings to the Inspector General. If the Inspector General believes that the report discloses evidence that a board member or member of the Advisory Council has committed misconduct, he or she shall report the findings and may impose a disciplinary measure on the member.
If the Inspector General believes that the inspector’s report discloses evidence of other non-compliance with the Act, or actions that will likely result in non-compliance, he or she may issue a direction to remedy or prevent the non-compliance or likely non-compliance. If the direction is not complied with, the Inspector General shall report the findings and may impose a disciplinary measure.
In an emergency situation, the Inspector General may impose certain disciplinary measures without notice and without an opportunity to respond. The interim measure may not be in force for longer than the prescribed period.
The Part provides offences relating to obstruction of inspectors, failure to provide information and the provision of false or misleading information.
Part VIII (Law Enforcement Complaints Agency)
This Part continues the office of the Independent Police Review Director as the Law Enforcement Complaints Agency, headed by the Complaints Director. Most of the Part deals with the composition of the Agency and other matters respecting the Agency, such as protection from personal liability.
The Complaints Director administers the public complaints and investigation regime set out in Part X of the Act. The Complaints Director may also undertake reviews of issues of a systemic nature that have been the subject of public complaints or investigations under that Part, or that may contribute or otherwise be related to misconduct. The related investigation powers of the Complaints Director and of other investigators appointed under the Part are specified.
The Part also provides for and governs the collection, use and disclosure of personal information by the Complaints Director in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of policing and the management of public complaints.
Part IX (Ontario Police Arbitration and Adjudication Commission)
This Part continues the Ontario Police Arbitration Commission as the Ontario Police Arbitration and Adjudication Commission.
The Arbitration and Adjudication Commission appoints arbitrators for a number of arbitrations under the Act if the parties are unable to agree to one and performs other duties related to arbitrations under the Act. It also appoints adjudicators to hold adjudication hearings respecting many disputes under the Act.
Part X (Public Complaints)
This Part provides for the investigation of complaints made by members of the public respecting the conduct of police officers, special constables employed by the Niagara Parks Commission and peace officers in the Legislative Protective Service.
A person may make a complaint to the Complaints Director about the conduct of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service. A complaint may be made through an agent or, in specified circumstances, may be made by a person on behalf of another person. Certain persons, such as members of a police service, are restricted from making complaints to the Complaints Director. If a person mistakenly makes a complaint to certain specified persons or entities, including a police service board or the Minister, that person or entity must forward the complaint to the Complaints Director.
The Complaints Director is required to review every complaint. If the Complaints Director determines that the complaint is about the conduct of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service, the Complaints Director shall, subject to specified exceptions, cause the complaint to be investigated. A complaint may be withdrawn, but the Complaints Director may decide to continue to deal with it despite its withdrawal (section 160).
The Part specifies which complaints are to be investigated by investigators in the Law Enforcement Complaints Agency and which are to be investigated by a chief of police. Despite this, the Complaints Director has discretion to retain complaints rather than direct their investigation by a chief of police, and the Complaints Director may, in specified circumstances, direct a chief of police to conduct an investigation that would otherwise be conducted by investigators in the Law Enforcement Complaints Agency.
The Complaints Director is also given authority to cause an investigation to be conducted into the conduct of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service in the absence of a complaint, if specified circumstances apply and the Complaints Director determines that an investigation is in the public interest. The specified circumstances include receipt of notice of possible misconduct from the SIU Director or from the Inspector General.
The Part sets out authority for the Complaints Director to postpone the commencement of an investigation, or suspend an investigation, in order to avoid interfering with a criminal investigation or proceeding, and sets out circumstances in which the Complaints Director must do so. Also, the Complaints Director may cause an investigation to be discontinued if he or she determines that continuing it is not in the public interest. Otherwise, the Complaints Director or the investigating chief of police, as the case may be, is required to endeavour to ensure that investigations are concluded within 120 days of their commencement.
The Complaints Director or chief of police must make a written report on the conclusion of every investigation, other than a discontinued investigation. If the Complaints Director or chief of police determines that there are reasonable grounds to believe that the conduct of the police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service constitutes misconduct, he or she must notify the person’s designated authority, as defined in the Part, for the determination and imposition of any appropriate disciplinary measures. If the Complaints Director or chief of police does not have reasonable grounds to believe that the conduct of the police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service constitutes misconduct, he or she must notify the complainant. If the investigation was conducted by a chief of police, the complainant may require a review of the investigation by the Complaints Director.
The designated authority of a police officer, special constable employed by the Niagara Parks Commission or peace officer in the Legislative Protective Service may at any time attempt to informally resolve a matter that is the subject of a complaint or investigation respecting the police officer, special constable or peace officer, subject to the consent of the Complaints Director, the complainant, if any, and the police officer, special constable or peace officer.
The Part addresses other matters related to investigations under the Part, including rules respecting the bearing of the costs of such investigations. It provides that the Complaints Director must notify the SIU Director of conduct coming within the mandate of the Special Investigations Unit, and that the Complaints Director must notify the Inspector General respecting conduct referred to in subsection 106 (1) or 107 (1). It also sets out a duty for specified persons, including police officers, special constables employed by the Niagara Parks Commission and peace officers in the Legislative Protective Service, to comply with reasonable directions or requests of a person conducting an investigation under the Part. A failure to do so constitutes an offence. There are also prohibitions relating to actions that may hinder a complaint or investigation under the Part, and contravention constitutes an offence. The penalty on conviction in either case is a penalty of a fine of not more than $5,000 for a first offence or $10,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.
Part XI (Right to Report Misconduct)
This Part establishes the procedures for disclosing misconduct. The right to disclose under this Part prevails over anything provided under any other Act or otherwise at law that would prohibit the disclosure.
This Part requires the establishment of written procedures for the disclosure of misconduct by members of a police service or by employees of a special constable employer. These procedures may be followed in disclosing the misconduct.
Members of a police service or special constables may instead disclose misconduct directly to the Inspector General in certain cases, including if they believe it would not be appropriate to disclose it in accordance with the disclosure procedures. The Inspector General shall assess the complaint and refer it to the Complaints Director if appropriate.
No person shall take a reprisal against members of a police service or special constables who take certain actions under the Part, including disclosing misconduct.
Part XII (Discipline and Termination)
This Part defines misconduct for police officers and special constables, which includes a failure to comply with the applicable code of conduct and other failures to comply with the Act.
This Part sets out a duty for chiefs of police, police service boards and the Minister to report misconduct to the Complaints Director in prescribed circumstances. It also sets out investigation provisions respecting conduct that constitutes misconduct or unsatisfactory work performance.
Chiefs of police, police service boards and the Minister may impose different disciplinary measures on police officers for conduct that constitutes misconduct or unsatisfactory work performance. Certain disciplinary measures, such as temporary suspensions, forfeiture of pay and reprimands, can be imposed directly by the chief, board or Minister. There are some limits on the ability to impose certain combinations of these measures. The police officer may request an adjudication hearing to dispute the disciplinary measure or measures .
Termination of employment and demotion cannot be imposed directly. Instead, the chief of police, police service board or Minister must request an adjudication hearing to decide the matter. The adjudicator may order termination, demotion or another disciplinary measure or measures at the end of the hearing.
Suspensions with pay may be imposed pending the final disposition of certain proceedings. Suspensions without pay may be imposed in more limited circumstances, including convictions for an offence and sentencing to a term of imprisonment, judicial interim release that substantially interferes with the officer’s ability to perform the duties of a police officer and charges for certain serious offences.
Part XIII (Labour Relations)
This Part contains provisions related to police service labour relations. It does not apply to the O.P.P.
Membership in trade unions or organizations affiliated with trade unions is prohibited for members of a police service, subject to certain exceptions. Certain members of a police service are prohibited from being or remaining members of a police association if their position would likely give rise to a conflict of interest in respect of labour relations matters .
The Part sets out a procedure for bargaining, conciliation and arbitration between the members of a police service and the police service board. Disputes regarding an agreement made under this Part also go through conciliation and arbitration.
Part XIV (Transfer of Assets between Pension Plans)
This Part sets out the rules that apply to transfers of assets between the Public Service Pension Plan and the Ontario Municipal Employees Retirement System. It excludes the application of certain provisions of the Pension Benefits Act and replaces them with different transfer requirements.
Part XV (Court Security)
This Part sets out the rules that apply to security for premises where court proceedings are conducted.
Police service boards and the Commissioner are responsible for providing court security in their areas of policing responsibility. They may authorize a person to provide court security, and those persons are granted a number of powers.
Part XVI (Community Safety and Well-Being Plans)
Municipalities are required to prepare and adopt a community safety and well-being plan. First Nations may also choose to do so. These plans must identify risk factors to the community and identify strategies to reduce prioritized risk factors, in addition to meeting other requirements.
Municipalities that have adopted such a plan must monitor, evaluate and report on the effect it is having.
Part XVII (Regulations and Miscellaneous)
This Part applies to the handling of property, money and firearms that come into the possession of a police service. It also sets out the regulation making powers, which are split between the Lieutenant Governor in Council and the Minister.
Part XVIII (Self-Amendments)
This Part includes amendments to the Act to reflect legislative changes that have not yet come into force.
SCHEDULE 2
Police Services Act
The Schedule amends the Police Services Act.
Subsection 2 (2) of the Act is amended to provide for any designation of a police force under a regulation made under the federal Cannabis Act.
Several amendments are made with respect to community safety and well-being plans. A transition provision allows for plans that were consulted on before January 1, 2019 to be deemed to have met consultation obligations if the Minister determines there is substantial compliance.
The consultation provisions are amended to require the chief of police of a police force that provides policing in the area, or his or her delegate, to be on the advisory committee. One person may satisfy the requirements set out in multiple paragraphs of the consultation requirements. Plans adopted before changes to section 145 continue to be valid despite intervening changes to that section.
SCHEDULE 3
Complementary Repeals
The Schedule repeals the Police Services Act and several Acts that were contained in the Safer Ontario Act, 2018.
SCHEDULE 4
Consequential Amendments
The Schedule amends various Acts to make consequential amendments reflecting the content of the Community Safety and Policing Act, 2019.
SCHEDULE 5
Special Investigations Unit Act, 2019
The Schedule enacts the Special Investigations Unit Act, 2019. The Act continues the special investigations unit that is part of the Ministry of the Attorney General as a unit outside the Ministry under the name of “Special Investigations Unit”. Part VII of the Police Services Act is consequently repealed (section 42). The Crown is bound by the Act (section 3).
Section 1 of the Act deals with interpretive matters, including definitions such as a definition of “serious injury”.
Sections 4 to 14 provide for the continuance of the special investigations unit as the Special Investigations Unit, headed by the Special Investigations Unit Director (“SIU Director”). Sections 6 to 14 deal with the composition of the Special Investigations Unit and other matters respecting the Unit, such as protection from personal liability (section 13). Section 9 provides for and governs the collection, use and disclosure of personal information by the SIU Director in order to publish statistical reports for the purpose of informing the evaluation, management and improvement of policing.
Most of the remainder of the Act deals with investigations. The SIU Director may initiate an investigation in two contexts. The first of these is with respect to an incident in which a person dies or is seriously injured, in which a firearm is discharged at a person or in which a sexual assault is reported to have occurred, if the incident may have resulted from the conduct of an official (subsection 15 (1)). The term “official” is defined as police officers, special constables employed by the Niagara Parks Commission and peace officers in the Legislative Protective Service (subsection 1 (1)). This power to investigate applies even if the official is no longer serving in that position. It also applies to incidents that occurred in the past, with specified limitations. Subsection 15 (2) sets out that the power to investigate under section 15 may apply to an official with respect to his or her conduct when off-duty, in specified circumstances.
Under section 16, an official’s designated authority — a term defined in subsection 1 (1) in respect of different types of officials — must immediately notify the SIU Director of an incident that may be investigated under section 15 if the specified circumstances apply. If given notice of an incident, the SIU Director may cause an investigation into the incident to be conducted, unless the SIU Director determines that the incident is not within the SIU Director’s power to investigate under section 15.
The SIU Director may make preliminary inquiries in order to determine whether a matter may be investigated under section 15 and, if so, whether to do so (section 17). The SIU Director is the lead investigator in the investigation of any incident or matter under the Act, subject to the regulations providing otherwise (section 18).
Sections 19 to 30 set out the mechanics and other elements of the investigations themselves, including securing of the scene (section 20), incident notes and other notes of subject and witness officials (sections 21, 23 and 24), the designation of officials as “subject official” and “witness official” as defined in the Act (section 22), the segregation of officials and limits on their communication during an investigation (section 26), and confidentiality during an investigation (sections 28 and 29).
Section 31 sets out a duty for specified persons, including officials other than subject officials, to comply with directions or requests of the SIU Director or investigators with the Special Investigations Unit. A failure to do so constitutes an offence, the penalty on conviction being a fine of not more than $5,000 for a first offence or $10,000 for a subsequent offence, a term of imprisonment of not more than one year, or both.
If the SIU Director determines, as a result of an investigation under the Act, that there are reasonable grounds to believe that a person has committed an offence under the Criminal Code (Canada), the SIU Director shall cause charges to be laid against the person (section 32). Sections 33 and 34 address requirements for the SIU Director to give public notice of the results of investigations under the Act. Investigations are subject to the timing and related notice requirements of section 35.
Section 38 sets out regulation-making authorities for both the Lieutenant Governor in Council and the Minister responsible for the administration of the Act. Regulations to be made by the Lieutenant Governor in Council are subject to the consultation requirements set out in section 39.
Section 40 amends the Act to reflect the commencement of the Community Safety and Policing Act, 2019.
SCHEDULE 6
Coroners Act
The Schedule amends the Coroners Act.
Certain amendments contained in Schedule 6 of the Safer Ontario Act, 2018 that have not come into force are repealed.
The Schedule adds multiple definitions to the Act to accord with the language in the Community Safety and Policing Act, 2019. The language in the Act is amended and updated to include references to auxiliary members, First Nation Officers, police services, special constables and the Special Investigations Unit.
Coroners are granted powers to require certain persons to provide information and to inspect and extract information from records or writings when determining whether there is reason to believe a person died in the circumstances set out in section 10 of the Act.
Section 16 of the Act is amended to require coroners to offer seized things to the police for safekeeping or to keep the item safe if the police do not accept it. The coroner is required to return the item to the person from whom it was seized after the conclusion of the investigation or inquest.
New section 25.1 allows the Chief Coroner to exercise certain powers in respect of deaths that have been previously investigated or subject to an inquest by a coroner, including the power to cause an investigation into one or more deaths to be conducted for the purpose of preventing further deaths.
SCHEDULE 7
Mandatory Blood Testing Act, 2006
The Schedule amends the Mandatory Blood Testing Act, 2006.
Currently, section 3 of the Act provides that upon receipt of an application made under section 2, the medical officer of health shall request that a respondent provide certain materials. If the respondent fails to provide the materials within a specified time, section 3 currently requires the medical officer of health to refer the application to the Board. This section is amended such that upon receipt of an application made under section 2, the medical officer of health shall immediately refer the application to the Board in addition to requesting that the respondent provide certain materials. Subsection 3 (3) is amended to provide that if the respondent provides the materials before the Board renders a decision, the Board is not required to further hear the matter or render a decision. Subsection 3 (4) is amended to provide that an applicant may withdraw his or her application before the Board renders a decision and if an applicant has done so, the Board shall terminate the hearing.
Currently, subsection 4 (3) of the Act provides that the Board shall commence and conclude a hearing within seven days after it receives the referral of the application. This provision is amended to provide that, except in certain circumstances, the timeline is now five business days.
Subsection 6 (2) is added to the Act and provides that a judge of the Superior Court of Justice who grants an order under subsection 6 (1) may, amongst other orders, include authorization for a police officer to provide such assistance as the judge may direct to a physician or a person belonging to a prescribed class of persons authorized to take a blood sample in carrying out any of his or her responsibilities pursuant to the order.
Currently, subsection 10 (3) of the Act provides that the penalty for a person who is guilty of an offence is a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues. The subsection is amended to increase the penalty to a fine of not more than $10,000 for every day or part of a day on which the offence occurs or continues and to provide that a person who is guilty of an offence may also be liable to imprisonment for a term of not more than six months or to both.