Police Services Act

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

Notice of Currency:*  This document is up to date.

*This notice is usually current to within two business days of accessing this document. For more current amendment information, see the Table of Public Statutes – Legislative History Overview.

Amended by:  1991, c. 12; 1994, c. 1, s. 25; 1995, c. 4, s. 4; 1996, c. 1, Sched. Q, s. 3; 1997, c. 8, ss. 1-41; 1997, c. 16, s. 12; 1997, c. 17, ss. 8-10; 1997, c. 21, Sched. A, s. 5; 1999, c. 6, s. 55; 2001, c. 11; 2001, c. 25, s. 481; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. N, ss. 58-71; 2005, c. 5, s. 58.

Skip Table of Contents

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.  In this Act,

“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 Commission on Police Services; (“Commission”)

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

“member of a police force” means a police officer, and in the case of a municipal police force includes an employee who is not a police officer; (“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, 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).

PART I
RESPONSIBILITY FOR POLICE SERVICES

Solicitor General

Administration of Act

      3.  (1) This Act shall be administered by the Solicitor General.  R.S.O. 1990, c. P.15, s. 3 (1); 1997, c. 8, s. 2 (1).

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;

         (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).

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).

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.

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 another way or ways set out in subsection (1) in other discrete areas of the municipality if,

         (a)    the municipality consists of two or more widely dispersed communities or contains, within its boundaries, one or more communities that are remote from the rest of the municipality; or

         (b)    police services have historically been provided to one or more discrete areas of the municipality in a way that is different from the way police services are provided in the rest of the municipality.  2001, c. 11, s. 1.

One board or joint board

      (3)  All the police services provided in one municipality, except police services provided in a way described in paragraph 3 or 4 of subsection (1) or police services provided in the municipality by the Ontario Provincial Police under section 5.1, must be provided under one board or joint board.  2002, c. 18, Sched. N, s. 59.

If municipality fails to provide police services

      5.1  (1) If a municipality does not provide police services by one of the ways set out in section 5, the Ontario Provincial Police shall provide police services to the municipality.

Municipality to pay for O.P.P. services

      (2) A municipality that is provided police services by the Ontario Provincial Police under subsection (1) shall pay the Minister of Finance for the services, in the amount and the manner provided by the regulations.

Same

      (3) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

Community policing advisory committee

      (4) One or more municipalities served by the same Ontario Provincial Police detachment that provides police services under this section may establish a community policing advisory committee.

Composition

      (5) If a community policing advisory committee is established, it shall be composed of one delegate for each municipality that is served by the same Ontario Provincial Police detachment and that chooses to send a delegate.

Functions

      (6) A community policing advisory committee shall advise the detachment commander of the Ontario Provincial Police detachment assigned to the municipality or municipalities, or his or her designate, with respect to objectives and priorities for police services in the municipality or municipalities.  

Term of office

      (7) The term of office for a delegate to a community policing advisory committee shall be as set out by the council in his or her appointment, but shall not exceed the term of office of the council that appointed the delegate.

Same, and reappointment

      (8) A delegate to a community policing advisory committee may continue to sit after the expiry of the term of office of the council that appointed him or her until the appointment of his or her successor, and is eligible for reappointment.

Protection from liability

      (9) No action or other proceeding for damages shall be instituted against a community policing advisory committee or a delegate to a community policing advisory committee for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty.  1997, c. 8, s. 5.

Amalgamation of police forces

      6.  (1) Despite any other Act, the councils of two or more municipalities that have police forces may enter into an agreement to amalgamate them.  R.S.O. 1990, c. P.15, s. 6 (1); 1997, c. 8, s. 6 (1).

Contents of amalgamation agreement

      (2) The agreement shall deal with,

  (a)  the establishment and, subject to section 33, the composition of a joint board for the amalgamated police force;

         (b)    the amalgamation of the police forces and the appointment or transfer of their members;

         (c)    the joint board’s use of the assets and its responsibility for the liabilities associated with the police forces;

         (d)    the budgeting of the cost for the operation of the amalgamated police force;

         (e)    any other matter that is necessary or advisable to effect the amalgamation.  R.S.O. 1990, c. P.15, s. 6 (2); 1997, c. 8, s. 6 (2, 3).

Commission’s approval

      (3) The agreement does not take effect until the Commission has approved the organization of the amalgamated police force.  R.S.O. 1990, c. P.15, s. 6 (3).

Exception, board appointments

      (4) Appointments to a joint board for an amalgamated police force may be made before the agreement takes effect.  R.S.O. 1990, c. P.15, s. 6 (4); 1997, c. 8, s. 6 (4).

Municipal agreements for providing police services

      6.1  (1) The councils of two municipalities may enter into an agreement for the provision of police services for one municipality 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.

Advisors to board

      (2) The council of a municipality that receives police services pursuant to an agreement made under subsection (1) may select a person to advise the other municipality’s board with respect to objectives and priorities for police services in the municipality that receives the police services.

Term of office

      (3) The term of office for a person selected to advise another municipality’s board shall be as set by the council when the person is selected, but shall not exceed the term of office of the council that selected him or her.

Same and reappointment

      (4) A person selected to advise another municipality’s board may continue to sit after the expiry of the term of office of the council that selected him or her until the selection of his or her successor, and is eligible for reappointment.

Protection from liability

      (5) No action or other proceeding for damages shall be instituted against a person selected to advise another municipality’s board for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty.  1997, c. 8, s. 7.

Municipal agreements for sharing police services

      7.  (1) Two or more boards may agree that one board will provide some police services to the other or others, on the conditions set out in the agreement.

Limitation

      (2) Two or more boards may not agree under subsection (1) that the police force of one board will provide the other board or boards with all the police services that a municipality is required to provide under section 4.

Municipal agreements with O.P.P.

      (3) The board of a municipality may agree with the Commissioner or with the local detachment commander of the Ontario Provincial Police that the Ontario Provincial Police will provide some police services to the municipality, on the conditions set out in the agreement, and subsections 10 (7) and (8) apply to the agreement.  1997, c. 8, s. 8.

Additional municipal police forces

      8.  (1) A municipality to which subsection 4 (1) (obligation to provide police services) does not apply may, with the Commission’s approval, establish and maintain a police force.

Transition

      (2) An approval given or deemed to have been given under section 19 of the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, in respect of a police force that was being maintained on the 30th day of December, 1990, shall be deemed to have been given under this section.

Revocation

      (3) The Commission may revoke an approval given or deemed to have been given under this section.  R.S.O. 1990, c. P.15, s. 8.

Police services absent or inadequate, O.P.P. assistance

      9.  (1) If the Commission finds that a municipality to which subsection 4 (1) applies is not providing police services, it may request that the Commissioner have the Ontario Provincial Police give assistance.

Inadequate police services

      (2) If the Commission finds that a municipal police force is not providing adequate and effective police services or is not complying with this Act or the regulations, it may communicate that finding to the board of the municipality and direct the board to take the measures that the Commission considers necessary.

Idem

      (3) If the board does not comply with the direction, the Commission may request that the Commissioner have the Ontario Provincial Police give assistance.

Crown Attorney’s request

      (4) In any area for which a municipality is required to provide police services, the Crown Attorney may request that the Commissioner have the Ontario Provincial Police give assistance.

Board’s request

      (5) A board may, by resolution, request that the Commissioner have the Ontario Provincial Police give assistance.

Request of chief of police in emergency

      (6) A municipal chief of police who is of the opinion that an emergency exists in the municipality may request that the Commissioner have the Ontario Provincial Police give assistance.

Chief of police to advise board

      (7) A chief of police who makes a request under subsection (6) shall advise the chair of the board of the fact as soon as possible.  R.S.O. 1990, c. P.15, s. 9 (1-7).

Assistance of O.P.P.

      (8) When a request is made under this section, the Commissioner shall have the Ontario Provincial Police give such temporary or emergency assistance as he or she considers necessary and shall have the Ontario Provincial Police stop giving temporary or emergency assistance when he or she considers it appropriate to do so.  1997, c. 8, s. 9 (1).

Cost of services

      (9) The Commissioner shall certify the cost of the services provided under this section by the Ontario Provincial Police and, unless the Solicitor General directs otherwise, the municipality shall pay that amount to the Minister of Finance.  R.S.O. 1990, c. P.15, s. 9 (9); 1997, c. 8, s. 9 (2).

Same

      (10) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.  1997, c. 8, s. 9 (3).

Municipal agreements for provision of police services by O.P.P.

      10.  (1) The Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police.

Board required

      (2) In order for a municipality to enter into an agreement under this section, the municipality must have a board.  

Same

      (3) In order for two or more municipalities to enter into an agreement under this section, the municipalities must have a joint board.

Transition

      (4) If an agreement under this section was entered into, before section 10 of the Police Services Amendment Act, 1997 comes into force, by a municipality that did not have a board at the time, the agreement remains valid and enforceable despite subsection (2), but the agreement may not be renewed unless the municipality has a board.

Collective bargaining

      (5) No agreement shall be entered into under this section if, in the Solicitor General’s opinion, a council seeks the agreement for the purpose of defeating the collective bargaining provisions of this Act.

Duties of O.P.P.

      (6) When the agreement comes into effect, the Ontario Provincial Police detachment assigned to the municipality or municipalities shall provide police services for the municipality or municipalities, and shall perform any other duties, including by-law enforcement, that are specified in the agreement.

Payment into Consolidated Revenue Fund

      (7) The amounts received from municipalities under agreements entered into under this section shall be paid into the Consolidated Revenue Fund.

Collection of amounts owed

      (8) The amount owed by a municipality under the agreement, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.  

Role of board

      (9) If one or more municipalities enters into an agreement under this section, the board or joint board shall advise the Ontario Provincial Police detachment commander assigned to the municipality or municipalities, or his or her designate, with respect to police services in the municipality or municipalities and shall,

  (a)  participate in the selection of the detachment commander of the detachment assigned to the municipality or municipalities;

  (b)  generally determine objectives and priorities for police services, after consultation with the detachment commander or his or her designate;

  (c)  establish, after consultation with the detachment commander or his or her designate, any local policies with respect to police services (but the board or joint board shall not establish provincial policies of the Ontario Provincial Police with respect to police services);  

  (d)  monitor the performance of the detachment commander;

  (e)  receive regular reports from the detachment commander or his or her designate on disclosures and decisions made under section 49 (secondary activities);

   (f)  review the detachment commander’s administration of the complaints system under Part V and receive regular reports from the detachment commander or his or her designate on his or her administration of the complaints system.

Non-application of certain sections

      (10) If one or more municipalities enters into an agreement under this section, section 31 (responsibilities of board), section 38 (municipal police force) and section 39 (estimates) do not apply to the municipality or municipalities.  1997, c. 8, s. 10.

Municipalities who may receive fines

      11.  (1) This section applies if a municipality is entitled to receive fines paid as a result of prosecutions instituted by police officers of the municipal police force.

Idem

      (2) If the municipality does not have its own police force because of an agreement under section 7 or 10, the police officers who are assigned to the municipality under the agreement shall, for the purposes of determining entitlement to fines, be deemed to be police officers of the municipal police force.  R.S.O. 1990, c. P.15, s. 11.

      12.  Repealed:  1997, c. 8, s. 11.

Special areas, services by O.P.P.

      13.  (1) If, because of the establishment of a business or for any other reason, special circumstances or abnormal conditions in an area make it inequitable, in the Solicitor General’s opinion, to impose the responsibility for police services on a municipality or on the Province, the Lieutenant Governor in Council may designate the area as a special area.

Agreement for provision of police services by O.P.P.

      (2) The person who operates the business or owns the special area shall enter into an agreement with the Solicitor General for the provision of police services by the Ontario Provincial Police for the special area.  R.S.O. 1990, c. P.15, s. 13 (1, 2).

Duties of O.P.P., payment

      (3) Subsections 10 (6) and (7) apply to the agreement with necessary modifications.  R.S.O. 1990, c. P.15, s. 13 (3); 1997, c. 8, s. 12.

Failure to enter into agreement

      (4) If the person who operates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Ontario Provincial Police shall provide police services for the area.

Cost of services

      (5) The costs of the services may be recovered from the person by a court action, with costs, as a debt due to Her Majesty.  R.S.O. 1990, c. P.15, s. 13 (4, 5).

Police services outside municipality

      14.  A municipality that has an interest in land outside the territory of the municipality may agree to pay all or part of the cost of providing police services for the land.  R.S.O. 1990, c. P.15, s. 14.

Municipal by-law enforcement officers

      15.  (1) A municipal council may appoint persons to enforce the by-laws of the municipality.  R.S.O. 1990, c. P.15, s. 15 (1).

Peace officers

      (2) Municipal law enforcement officers are peace officers for the purpose of enforcing municipal by-laws.  R.S.O. 1990, c. P.15, s. 15 (2); 1997, c. 8, s. 13.

Aid to survivors of deceased municipal police officers

      16.  A municipal council may grant financial or other assistance for the benefit of the surviving spouses and children of members of the municipal police force who die from injuries received or illnesses contracted in the discharge of their duties.  R.S.O. 1990, c. P.15, s. 16; 1999, c. 6, s. 55 (2); 2005, c. 5, s. 58 (3).

Detention facilities

      16.1  Subject to the approval of the Ontario Civilian Commission on Police Services, the council of every local municipality may establish, maintain and regulate detention facilities for the detention and imprisonment of persons sentenced to imprisonment therein for not more than 10 days, and of persons detained for examination on a charge of having committed any offence, or for transfer to any correctional institution for trial, or in the execution of any sentence, and such persons may be lawfully received and so detained in the detention facilities.  2001, c. 25, s. 481.

Peace officer in charge

      16.2  (1)  Every detention facility shall be placed in the charge of a peace officer appointed for that purpose.  2001, c. 25, s. 481.

Salary

      (2)  The municipal council may provide for and pay the salary or other remuneration of the peace officer in charge of a detention facility.  2001, c. 25, s. 481.

Ontario Provincial Police

Commissioner

      17.  (1) There shall be a Commissioner of the Ontario Provincial Police who shall be appointed by the Lieutenant Governor in Council.

Functions

      (2) Subject to the Solicitor General’s direction, the Commissioner has the general control and administration of the Ontario Provincial Police and the employees connected with it.  R.S.O. 1990, c. P.15, s. 17 (1, 2).

      (3) Repealed: 1995, c. 4, s. 4 (2).

Annual report

      (4) After the end of each calendar year, the Commissioner shall file with the Solicitor General an annual report on the affairs of the Ontario Provincial Police.  R.S.O. 1990, c. P.15, s. 17 (4).

Composition of O.P.P.

      18.  (1) The Ontario Provincial Police shall consist of the Commissioner and other police officers appointed under the Public Service Act.

Ranks

      (2) The Commissioner shall establish the ranks within the Ontario Provincial Police and shall determine the rank of each police officer.

Commissioned officers

      (3) The Lieutenant Governor in Council may name police officers of the Ontario Provincial Police to the rank of commissioned officers and may authorize the issue of commissions to them under the Great Seal.

Employees

      (4) The Commissioner may appoint such other employees as are required in connection with the Ontario Provincial Police.  R.S.O. 1990, c. P.15, s. 18.

Responsibilities of O.P.P.

      19.  (1) The Ontario Provincial Police have the following responsibilities:

           1.    Providing police services in respect of the parts of Ontario that do not have municipal police forces other than municipal law enforcement officers.

           2.    Providing police services in respect of all navigable bodies and courses of water in Ontario, except those that lie within municipalities designated by the Solicitor General.

           3.    Maintaining a traffic patrol on the King’s Highway, except the parts designated by the Solicitor General.

           4.    Maintaining a traffic patrol on the connecting links within the meaning of section 21 of the Public Transportation and Highway Improvement Act that are designated by the Solicitor General.

           5.    Maintaining investigative services to assist municipal police forces on the Solicitor General’s direction or at the Crown Attorney’s request.  R.S.O. 1990, c. P.15, s. 19 (1); 1997, c. 8, s. 14 (1).

Municipal by-laws

      (2) The Ontario Provincial Police have no responsibilities in connection with municipal by-laws, except under agreements made in accordance with section 10.  R.S.O. 1990, c. P.15, s. 19 (2).

O.P.P. may charge for services

      (3) The Ontario Provincial Police may, with the approval of the Solicitor General, charge a municipality, a law enforcement agency or any prescribed corporation or organization for any service it provides to them under this Act.

Payment into Consolidated Revenue Fund

      (4) The amounts received pursuant to a charge imposed under subsection (3) shall be paid into the Consolidated Revenue Fund.

Collection of amounts owed

      (5) The amount owed pursuant to a charge imposed under subsection (3), if not collected by other means, may be recovered by a court action, with costs, as a debt due to Her Majesty and, if the amount is owed by a municipality, may be deducted from any grant payable to the municipality out of provincial funds.  1997, c. 8, s. 14 (2).

Aid to survivors of deceased O.P.P. police officers

      20.  The Lieutenant Governor in Council may, out of money appropriated for that purpose by the Legislature, grant financial or other assistance for the benefit of the surviving spouses and children of members of the Ontario Provincial Police who die from injuries received or illnesses contracted in the discharge of their duties.  R.S.O. 1990, c. P.15, s. 20; 1999, c. 6, s. 55 (3); 2005, c. 5, s. 58 (4).

PART II
ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

Composition of Commission, etc.

      21.  (1) The commission known in English as the Ontario Civilian Commission on Police Services and in French as Commission civile des services policiers de l’Ontario is continued.  1997, c. 8, s. 15.

Membership

      (2) The Commission shall consist of such members as are appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 15.

Chair, vice-chairs

      (3) The Lieutenant Governor in Council may designate one of the members of the Commission to be the chair and one or more members of the Commission to be vice-chairs.  1997, c. 8, s. 15.

Employees

      (4) Such employees as the Commission considers necessary to carry out its duties may be appointed under the Public Service Act.  1997, c. 8, s. 15.

Delegation

      (5) The chair may authorize a member or employee of the Commission to exercise the Commission’s powers and perform its duties with respect to a particular matter, but the authority conferred on the Commission by sections 23 and 24 may not be delegated.  1997, c. 8, s. 15.

Quorum

      (6) The chair shall determine the number of members of the Commission that constitutes a quorum for any purpose, and may determine that one member constitutes a quorum.  1997, c. 8, s. 15.

Annual report

      (7) After the end of each calendar year, the Commission shall file with the Solicitor General an annual report on its affairs.  1997, c. 8, s. 15.

Expenses

      (8) The money required for the Commission’s purposes shall be paid out of the amounts appropriated by the Legislature for that purpose.  1997, c. 8, s. 15.

Protection from personal liability

      (9) No action or other proceeding for damages shall be instituted against a member of the Commission for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of that duty.  1997, c. 8, s. 15.

Confidentiality

      (10)  Each member of the Commission shall preserve secrecy in respect of all information obtained in the course of his or her duties under this Act and shall not communicate any such information to any person, except,

         (a)    as may be required in connection with the administration of this Act and the regulations;

         (b)    to his or her counsel; or

         (c)    with the consent of the person, if any, to whom the information relates.  2002, c. 18, Sched. N, s. 60.

Exception – law enforcement purposes

      (11)  Despite subsection (10), the chair of the Commission or his or her designate may communicate any information obtained in the course of their duties under this Act as may be required for law enforcement purposes.  2002, c. 18, Sched. N, s. 60.

Testimony

      (12)  No member or employee of the Commission shall be required to give testimony in any civil suit or proceeding with regard to information obtained in the course of his or her duties.  2002, c. 18, Sched. N, s. 60.

Powers and duties of Commission

      22.  (1) The Commission’s powers and duties include,

         (a)    if the Solicitor General advises the Commission that a board or municipal police force is not complying with prescribed standards of police services,

                        (i)    directing the board or police force to comply, and

                       (ii)    if the Commission considers it appropriate, taking measures in accordance with subsection 23 (1);

         (b)    Repealed:  1995, c. 4, s. 4 (3).

         (c)    conducting investigations with respect to municipal police matters under section 25;

         (d)    conducting inquiries into matters relating to crime and law enforcement under section 26;

  (e)  conducting inquiries, on its own motion, in respect of a complaint or complaints made about the policies of or services provided by a police force or about the conduct of a police officer and the disposition of such complaint or complaints by a chief of police or board;

(e.1) conducting reviews under section 72, at the request of a complainant, into the decision that a complaint is about the policies of or services provided by a police force or is about the conduct of a police officer, that a complaint is frivolous or vexatious, made in bad faith or unsubstantiated, that the complaint will not be dealt with because it was made more than six months after the facts on which it is based occurred, that the complainant was not directly affected by the policy, service or conduct that is the subject of the complaint or that the misconduct or unsatisfactory work performance was not of a serious nature;

(e.2) making recommendations with respect to the policies of or services provided by a police force by sending the recommendations, with any supporting documents, to the Solicitor General, the chief of police, the association, if any, and, in the case of a municipal police force, the board;

          (f)    hearing and disposing of appeals by members of police forces and complainants in accordance with Part V.  R.S.O. 1990, c. P.15, s. 22 (1); 1995, c. 4, s. 4 (3); 1997, c. 8, s. 16 (1-3).

Powers of Commission in investigations and inquiries

      (2) When the Commission conducts an investigation or inquiry, it has all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation or inquiry as if it were an inquiry under that Act.

Statutory Powers Procedure Act applicable to hearings

      (3) The Statutory Powers Procedure Act does not apply to the Commission, except to a hearing conducted by the Commission under subsection 23 (1), 25 (4), (4.1) or (5), 39 (5), 47 (5), 65 (9), 70 (2), (3) or (4) or 116 (1).  1997, c. 8, s. 16 (4).

Sanctions for failure to comply with prescribed standards of police services

      23.  (1) If the Commission is of the opinion, after holding a hearing, that a board or municipal police force has flagrantly or repeatedly failed to comply with prescribed standards of police services, the Commission may take any of the following measures or any combination of them:

           1.    Suspending the chief of police, one or more members of the board, or the whole board, for a specified period.

           2.    Removing the chief of police, one or more members of the board, or the whole board from office.

           3.    Disbanding the police force and requiring the Ontario Provincial Police to provide police services for the municipality.

           4.    Appointing an administrator to perform specified functions with respect to police matters in the municipality for a specified period.  R.S.O. 1990, c. P.15, s. 23 (1).

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

Note: All hearings before the Ontario Civilian Commission on Police Services under subsection 23 (2) that were commenced but not concluded before December 14, 1995 are hereby discontinued, without costs.  See: 1995, c. 4, s. 4 (12).

Suspension with or without pay

      (3) If the Commission suspends the chief of police or members of the board who are entitled to remuneration under subsection 27 (12), it shall specify whether the suspension is with or without pay.  R.S.O. 1990, c. P.15, s. 23 (3).

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

Powers of administrator

      (5) An administrator appointed under paragraph 4 of subsection (1) has all the powers necessary for the performance of his or her functions.  R.S.O. 1990, c. P.15, s. 23 (5); 1995, c. 4, s. 4 (5).

Replacement of chief of police

      (6) If the Commission suspends or removes the chief of police, it may appoint a person to replace him or her.

Parties

      (7) The parties to the hearing are the chief of police, the board, any member of the board that the Commission designates and, if the Commission so directs, the association or associations representing members of the police force.

Idem

      (8) The Commission may add parties at any stage of the hearing on the conditions it considers proper.

Replacement of suspended or removed member

      (9) If the Commission suspends a member of a board or removes him or her from office, the municipal council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member.

Consequences of removal and suspension

      (10) A member who has been removed shall not subsequently be a member of any board, and a member who has been suspended shall not be reappointed during the period of suspension.

Appeal to Divisional Court

      (11) A party may appeal to the Divisional Court within thirty days of receiving notice of the Commission’s decision.

Grounds for appeal

      (12) An appeal may be made on a question that is not a question of fact alone, or from a penalty, or both.  R.S.O. 1990, c. P.15, s. 23 (6-12).

      (13) Repealed: 1995, c. 4, s. 4 (6).

      (14) Repealed: 1995, c. 4, s. 4 (6).

Emergency, interim order

      24.  (1) The Commission may make an interim order under subsection 23 (1), without notice and without holding a hearing, if it is of the opinion that an emergency exists and that the interim order is necessary in the public interest.

Restriction

      (2) The Commission shall not remove a person from office or disband a police force by means of an interim order.  R.S.O. 1990, c. P.15, s. 24.

Investigations into police matters

      25.  (1) The Commission may, at the Solicitor General’s request, at a municipal council’s request, at a board’s request or of its own motion, investigate, inquire into and report on,

  (a)  the conduct or the performance of duties of a police officer, a municipal chief of police, an auxiliary member of a police force, a special constable, a municipal law enforcement officer or a member of a board;

         (b)    the administration of a municipal police force;

         (c)    the manner in which police services are provided for a municipality;

         (d)    the police needs of a municipality.  R.S.O. 1990, c. P.15, s. 25 (1); 1997, c. 8, s. 17 (1, 2).

Cost of investigation

      (2) The cost of an investigation conducted at a council’s request shall be paid by the municipality, unless the Solicitor General directs otherwise.

Report

      (3) The Commission shall communicate its report of an investigation under subsection (1) to the Solicitor General at his or her request and to the board or council at its request, and may communicate the report to any other person as the Commission considers advisable.  R.S.O. 1990, c. P.15, s. 25 (2, 3).

Actions taken, police officer, municipal chief of police

      (4) If the Commission concludes, after a hearing, that the conduct of a police officer or municipal chief of police is proved on clear and convincing evidence to be misconduct or unsatisfactory work performance, it may direct that any action described in section 68, as specified by the Commission, be taken with respect to the police officer or municipal chief of police or it may direct that the police officer or municipal chief of police be retired if he or she is entitled to retire.

Actions taken, auxiliary member, special constable, municipal law enforcement officer

      (4.1) If the Commission concludes, after a hearing, that an auxiliary member of a police force, a special constable or a municipal law enforcement officer is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may direct that,

  (a)  the person be demoted as the Commission specifies, permanently or for a specified period;

  (b)  the person be dismissed;

  (c)  the person be retired, if the person is entitled to retire; or

  (d)  the person’s appointment be suspended or revoked.  1997, c. 8, s. 17 (3).

Penalties, member of board

      (5) If the Commission concludes, after a hearing, that a member of a board is guilty of misconduct or is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may remove or suspend the member.

Appeal to Divisional Court

      (6) A member of a police force or of a board on whom a penalty is imposed under subsection (4) or (5) may appeal to the Divisional Court within thirty days of receiving notice of the Commission’s decision.

Grounds for appeal

      (7) An appeal may be made on a question that is not a question of fact alone, or from a penalty, or both.

Replacement of suspended or removed member

      (8) If the Commission suspends a member of a board or removes him or her from office, the municipal council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member.

Consequences of removal and suspension

      (9) A member who has been removed shall not subsequently be a member of any board, and a member who has been suspended shall not be reappointed during the period of suspension.  R.S.O. 1990, c. P.15, s. 25 (5-9).

Inquiries respecting crime and law enforcement

      26.  (1) The Lieutenant Governor in Council may direct the Commission to inquire into and report to the Lieutenant Governor in Council on any matter relating to crime or law enforcement, and shall define the scope of the inquiry in the direction.  R.S.O. 1990, c. P.15, s. 26 (1); 1997, c. 8, s. 18.

Public Inquiries Act applies

      (2) Section 6 (stated case) of the Public Inquiries Act applies to inquiries conducted under this section.

Rights of witnesses

      (3) Witnesses at inquiries conducted under this section have the right to retain and instruct counsel and all the other rights of witnesses in civil courts.

Offence

      (4) Any person who knowingly discloses, without the Commission’s consent, evidence taken in private at an inquiry conducted under this section or information likely to identify the witness is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.15, s. 26 (2-4).

PART III
MUNICIPAL POLICE SERVICES BOARDS

Police services boards

      27.  (1) There shall be a police services board or, as provided in subsection 5 (3), one or more police services boards, for every municipality that maintains a police force.  2002, c. 18, Sched. N, s. 61 (1).

Boards of commissioners of police continued as police services boards

      (2) Every board of commissioners of police constituted or continued under the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, or any other Act and in existence on the 31st day of December, 1990, is continued as a police services board.  R.S.O. 1990, c. P.15, s. 27 (2).

Name

      (3) A board shall be known as (insert name of municipality) Police Services Board and may also be known as Commission des services policiers de (insert name of municipality).  R.S.O. 1990, c. P.15, s. 27 (3).

Three-member boards in smaller municipalities

      (4) The board of a municipality whose population according to the last enumeration taken under section 15 of the Assessment Act does not exceed 25,000 shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be a member of the board, another member of the council appointed by resolution of the council;

  (b)  one person appointed by resolution of the council, who is neither a member of the council nor an employee of the municipality; and

  (c)  one person appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 19 (1).

Five-member boards in larger municipalities

      (5) The board of a municipality whose population according to the last enumeration taken under section 15 of the Assessment Act exceeds 25,000 shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be a member of the board, another member of the council appointed by resolution of the council;

  (b)  one member of the council appointed by resolution of the council;

  (c)  one person appointed by resolution of the council, who is neither a member of the council nor an employee of the municipality; and

  (d)  two persons appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 19 (1); 2002, c. 17, Sched. F, Table.

Smaller municipalities, option to expand board

      (6) The council of a municipality to which subsection (4) would otherwise apply may determine, by resolution, that the composition of its board shall be as described in subsection (5).  R.S.O. 1990, c. P.15, s. 27 (6).

Transition

      (7) A resolution passed under clause 8 (2a) (b) of the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, before the 31st day of December, 1990, shall be deemed to have been passed under subsection (6).  R.S.O. 1990, c. P.15, s. 27 (7).

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

Seven-member boards in certain circumstances

      (9) The council of a municipality whose population according to the last enumeration taken under section 15 of the Assessment Act exceeds 300,000 may apply to the Lieutenant Governor in Council for an increase in the size of its board; if the Lieutenant Governor in Council approves the application, the board shall consist of,

  (a)  the head of the municipal council or, if the head chooses not to be a member of the board, another member of the council appointed by resolution of the council;

  (b)  two members of the council appointed by resolution of the council;

  (c)  one person appointed by resolution of the council, who is neither a member of the council nor an employee of the municipality; and

  (d)  three persons appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 19 (1).

Vacancies

      (10) If the position of a member appointed by the Lieutenant Governor in Council becomes vacant, the Solicitor General may appoint a replacement to act until the Lieutenant Governor in Council makes a new appointment.  R.S.O. 1990, c. P.15, s. 27 (10).

Term of office

      (10.1) The term of office for a member appointed by resolution of a council shall be as set out by the council in his or her appointment, but shall not exceed the term of office of the council that appointed the member.  1997, c. 8, s. 19 (2).

Same, and reappointment

      (10.2) A member appointed by resolution of a council may continue to sit after the expiry of his or her term of office until the appointment of his or her successor, and is eligible for reappointment.  1997, c. 8, s. 19 (2).

Idem

      (11) If the position of a member who is appointed by a municipal council or holds office by virtue of being the head of a municipal council becomes vacant, the board shall notify the council, which shall forthwith appoint a replacement.  R.S.O. 1990, c. P.15, s. 27 (11).

Remuneration

      (12) The council shall pay the members of the board who are appointed by the Lieutenant Governor in Council or Solicitor General remuneration that is at least equal to the prescribed amount.  R.S.O. 1990, c. P.15, s. 27 (12).

Persons who are ineligible to be members of a board

      (13) A judge, a justice of the peace, a police officer and a person who practises criminal law as a defence counsel may not be a member of a board.  1997, c. 8, s. 19 (3).

Interpretation of municipal populations where more than one board

      (14)  Where there is more than one board in a municipality pursuant to subsection 5 (3), the references in subsections (4), (5) and (9) to the population of a municipality shall be read as references to the population of the part of the municipality that is served by the board that is the subject of the subsection.  2002, c. 18, Sched. N, s. 61 (2).

      (15) Repealed:  1997, c. 8, s. 19 (3).

Election of chair

      28.  (1) The members of a board shall elect a chair at the board’s first meeting in each year.  R.S.O. 1990, c. P.15, s. 28.

Vice-chair

      (2) The members of a board may also elect a vice-chair at the first meeting in each year, and the vice-chair shall act as the chair if the chair is absent or if the chair’s position is vacant.  1997, c. 8, s. 20.

Protection from personal liability

      29.  (1) No action or other proceeding for damages shall be instituted against a member of a board for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of that duty.

Board’s liability

      (2) Subsection (1) does not relieve a board of liability for a member’s acts or omissions, and the board is liable as if that subsection had not been enacted and as if the member were the board’s employee.  R.S.O. 1990, c. P.15, s. 29.

Board may contract, sue and be sued

      30.  (1) A board may contract, sue and be sued in its own name.

Members not liable for board’s contracts

      (2)  The members of a board are not personally liable for the board’s contracts.  R.S.O. 1990, c. P.15, s. 30.

Responsibilities of boards

      31.  (1) A board is responsible for the provision of adequate and effective police services in the municipality and shall,

         (a)    appoint the members of the municipal police force;

         (b)    generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality;

         (c)    establish policies for the effective management of the police force;

         (d)    recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account;

         (e)    direct the chief of police and monitor his or her performance;

          (f)    establish policies respecting the disclosure by chiefs of police of personal information about individuals;

         (g)    receive regular reports from the chief of police on disclosures and decisions made under section 49 (secondary activities);

         (h)    establish guidelines with respect to the indemnification of members of the police force for legal costs under section 50;

   (i)  establish guidelines for dealing with complaints made under Part V;

   (j)  review the chief of police’s administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system.  R.S.O. 1990, c. P.15, s. 31 (1); 1995, c. 4, s. 4 (7); 1997, c. 8, s. 21 (1-3); 1997, c. 17, s. 8.

Members of police force under board’s jurisdiction

      (2) The members of the police force, whether they were appointed by the board or not, are under the board’s jurisdiction.

Restriction

      (3) The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders or directions to any member of the police force.

Idem

      (4) The board shall not direct the chief of police with respect to specific operational decisions or with respect to the day-to-day operation of the police force.

Training of board members

      (5) The board shall ensure that its members undergo any training that the Solicitor General may provide or require.

Rules re management of police force

      (6) The board may, by by-law, make rules for the effective management of the police force.  R.S.O. 1990, c. P.15, s. 31 (2-6).

Guidelines re secondary activities

      (7) The board may establish guidelines consistent with section 49 for disclosing secondary activities and for deciding whether to permit such activities.  1997, c. 8, s. 21 (4).

Oath of office

      32.  Before entering on the duties of office, a member of a board shall take an oath or affirmation of office in the prescribed form.  R.S.O. 1990, c. P.15, s. 32.

Agreement to constitute joint board

      33.  (1) Despite any special Act, the councils of two or more municipalities may enter into an agreement to constitute a joint board.

Consent of Solicitor General required

      (2) The agreement must be authorized by by-laws of the councils of the participating municipalities and requires the consent of the Solicitor General.

Application of Act to joint boards

      (3) The provisions of this Act that apply to boards also apply with necessary modifications to joint boards.

Three-member joint boards

      (4) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act does not exceed 25,000 shall consist of,

  (a)  one person who is a member of the council of a participating municipality, appointed by agreement of the councils of the participating municipalities;

  (b)  one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and  

  (c)  one person appointed by the Lieutenant Governor in Council.

Five-member joint boards

      (5) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act exceeds 25,000 shall consist of,

  (a)  two persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities;

  (b)  one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and

  (c)  two persons appointed by the Lieutenant Governor in Council.

Option to expand joint board

      (6) The councils of participating municipalities to which subsection (4) would otherwise apply may determine, by resolution of each of them, that the composition of their joint board shall be as described in subsection (5).

Seven-member joint boards

      (7) Where the combined population of the participating municipalities according to the last enumeration taken under section 15 of the Assessment Act exceeds 300,000, the councils of the participating municipalities may apply to the Lieutenant Governor in Council for an increase in the size of their joint board; if the Lieutenant Governor in Council approves the application, the joint board shall consist of,

  (a)  three persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities;

  (b)  one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and  

  (c)  th