O. Reg. 125/24: TRANSITIONAL MATTERS

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Community Safety and Policing Act, 2019

ONTARIO REGULATION 125/24

TRANSITIONAL MATTERS

Consolidation Period: From April 1, 2024 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Interpretation

1. (1) In this Regulation,

“Practice Direction” means the version of the document entitled “Practice Directions, Ontario Civilian Police Commission” that was in use as of March 2024, available on the website of Tribunals Ontario; (“Directive de pratique”)

“Rules of Practice” means the document entitled “Ontario Civilian Police Commission Rules of Practice”, dated 2014 and available on the website of Tribunals Ontario; (“Règles de pratique”)

“subsection 25 (4) hearing” means a hearing mentioned in subsection 25 (4) of the Police Services Act in respect of the conduct of a police officer, other than an officer appointed under the Interprovincial Policing Act, 2009, or municipal chief of police; (“audience visée au paragraphe 25 (4)”)

“subsection 25 (4.2) hearing” means a hearing mentioned in subsection 25 (4.2) of the Police Services Act in respect of the conduct of a police officer appointed under the Interprovincial Policing Act, 2009; (“audience visée au paragraphe 25 (4.2)”)

“subsection 25 (5) hearing” means a hearing mentioned in subsection 25 (5) of the Police Services Act in respect of the conduct of a member of a board; (“audience visée au paragraphe 25 (5)”)

“transition date” means April 1, 2024. (“date de transition”)

(2) In this Regulation, a reference to the Police Services Act or any of its provisions is a reference to that Act or its provisions as they read on March 31, 2024.

General

Misconduct, continuing events

2. (1) Any act or omission of a police officer that occurs before the transition date is deemed to be misconduct under clause (a) of the definition of “misconduct” in subsection 2 (1) of the Community Safety and Policing Act, 2019 if the following circumstances apply:

1. The act or omission constitutes misconduct as described in section 80 of the Police Services Act.

2. The act or omission forms part of a series of events that continued on or after the transition date.

3. The act or omission would constitute misconduct as described in clause (a) of the definition of “misconduct” in subsection 2 (1) of the Community Safety and Policing Services Act, 2019 if it had occurred on or after the transition date.

(2) Any act or omission of a police services board member that occurs before the transition date is deemed to be misconduct under clause (b) of the definition of “misconduct” in subsection 2 (1) of the Community Safety and Policing Act, 2019 if the following circumstances apply:

1. The act or omission constitutes a contravention of Ontario Regulation 421/97 (Members of Police Services Boards — Code of Conduct) made under the Police Services Act, as that regulation read on March 31, 2024.

2. The act or omission forms part of a series of events that continued on or after the transition date.

3. The act or omission would constitute misconduct as described in clause (b) of the definition of “misconduct” in subsection 2 (1) of the Community Safety and Policing Services Act, 2019 if it had occurred on or after the transition date.

Authority re continuing events

3. (1) This section applies in respect of events that began before the transition date if those events form part of a series of events that continued on or after the transition date.

(2) The Inspector General, a deputy Inspector General and inspectors appointed by the Inspector General may exercise their powers under the Act with respect to the events if they have authority under the Act to deal with the events in the series that occurred after the transition date.

Agreements

4. Any agreement entered into under section 10 of the Police Services Act that would not, pursuant to the terms of the agreement, terminate on or before the transition date, is terminated on the transition date.

Training

Time extension re training, specified individuals

5. (1) In this section,

“prescribed provision” means a provision of the Act set out in Column 1 of the Table to this section, which prohibits the individual set out opposite the provision in Column 2 of the Table from exercising any of their powers or performing any of their duties under the Act unless they have successfully completed specified training.

(2) Despite each prescribed provision, if the individual set out opposite the prescribed provision in Column 2 of the Table to this section has not successfully completed the specified training by the transition date, the individual may exercise any of their powers and perform any of their duties during the six months following the transition date.

TABLE

Item	Column 1 Prescribed provision	Column 2 Individual
1.	Clauses 102 (5) (a) and (b)	Inspector General and any deputy Inspectors General
2.	Clauses 111 (3) (a) and (b)	Inspector appointed under section 111 of the Act
3.	Clauses 132 (2) (a) and (b)	Complaints Director and any deputy Complaints Directors
4.	Clauses 136 (5) (a) and (b)	Investigator appointed under section 136 of the Act
5.	Subsection 35 (4)	Member of police service board who continues in office under subsection 31 (11) of the Act

 

Time extension re training, appointment as police officer

6. (1) Despite the prohibition in subclauses 83 (1) (e) (ii) and (iii) of the Act against a person being appointed as a police officer unless they have successfully completed specified training, a person who has not successfully completed that training may be appointed as a police officer during the six months following the transition date.

(2) A person appointed as a police officer during the six months mentioned in subsection (1) without having successfully completed the training described in subclauses 83 (1) (e) (ii) and (iii) of the Act before the appointment shall successfully complete that training no later than the end of the six-month period.

Time extension re training, appointment as special constable

7. (1) Despite the prohibition in subclauses 92 (1) (f) (ii) and (iii) of the Act against a person being appointed as a special constable unless they have successfully completed specified training, a person who has not successfully completed that training may be appointed as a special constable during the six months following the transition date.

(2) A person appointed as a special constable during the six months mentioned in subsection (1) without having successfully completed the training described in subclauses 92 (1) (f) (ii) and (iii) of the Act before the appointment shall successfully complete that training no later than the end of the six-month period.

Ontario Civilian Police Commission

Continued application of s. 21 of the Police Services Act

8. (1) Section 21 of the Police Services Act continues to apply to the Ontario Civilian Police Commission as continued by subsection 216 (5) of the Community Safety and Policing Act, 2019.

(2) Despite subsection 21 (10) of the Police Services Act, members of the Ontario Civilian Police Commission may communicate any information, including personal information, to the Inspector General or the Complaints Director as may be required in connection with the administration of the Act and its regulations.

Obligation to disclose information

9. (1) The Ontario Civilian Police Commission shall disclose information, including personal information, when requested by the Inspector General or the Complaints Director for the purpose of the administration of the Act and its regulations.

(2) Section 105 of the Act applies, with necessary modifications, to the collection of personal information by the Inspector General under this section.

No waiver, etc.

10. Disclosure of information to the Inspector General or Complaints Director under section 8 or 9 does not constitute a waiver of any privilege that may exist with respect to the information.

Inquiries, recommendations

11. (1) Subject to subsection (2), for the purposes of clause 216 (5.1) (b) of the Act, the following duties are prescribed as duties to be carried out by the Ontario Civilian Police Commission:

1. Continue to conduct any inquiry in respect of a matter under clause 22 (1) (e) of the Police Services Act if the inquiry in respect of the matter began before the transition date and it was not completed before that day.

2. Continue to make any recommendations in respect of a policy or service under clause 22 (1) (e.2) of the Police Services Act if the process for making the recommendations in respect of the policy or service began before the transition date and it was not completed before that day.

(2) Subsection (1) does not apply if, in the opinion of the Ontario Civilian Police Commission, continuing to conduct the inquiry or to make recommendations, as the case may be, is not in the public interest.

Orders under ss. 23, 24 of the Police Services Act

12. (1) This section applies if the Ontario Civilian Police Commission has made an order under subsection 23 (1) of the Police Services Act, including an interim order mentioned in subsection 24 (1) of that Act, before the transition date.

(2) If, but for the repeal of the Police Services Act, the order would continue to have effect after the transition date, the order remains in effect and section 23 of that Act continues to apply in respect of the order.

Hearings under s. 23 of the Police Services Act

13. (1) For the purposes of clause 216 (5.1) (b) of the Act, the Ontario Civilian Police Commission shall complete any hearings mentioned in section 23 of the Police Services Act that were initiated before the transition date and were not finally determined before that day.

(2) If a hearing is continued under subsection (1), section 23 of the Police Services Act applies in respect of the hearing.

Appeals

14. For the purposes of clause 216 (5.1) (b) of the Act, the Ontario Civilian Police Commission shall hear an appeal mentioned in subsection 47 (5) of the Police Services Act if the following criteria are satisfied:

1. Written notice of the appeal was served on the Ontario Civilian Police Commission within the time period specified in subsection 47 (5) of the Police Services Act.

2. The written notice was served before the transition date.

Certain investigations, etc. to be continued

15. (1) Subject to subsection (2), for the purposes of clause 216 (5.1) (b) of the Act, the Ontario Civilian Police Commission shall continue to investigate, inquire into and report on a matter under subsection 25 (1) of the Police Services Act if those activities began in respect of the matter before the transition date and if the activities were not completed before that day.

(2) Subsection (1) does not apply if,

(a) in the opinion of the Ontario Civilian Police Commission, continuing to investigate, inquire into and report on the matter is not in the public interest; or

(b) the matter relates to the conduct or the performance of duties of an auxiliary member of a police force, a special constable or a municipal law enforcement officer.

Procedure following continued investigation

16. (1) This section applies upon the completion of an investigation that is continued under section 15.

(2) If, in the opinion of the Ontario Civilian Police Commission and based on the investigation, a subsection 25 (4) hearing or a subsection 25 (4.2) hearing is warranted, the following rules apply:

1. The Ontario Civilian Police Commission shall report its opinion to the Complaints Director.

2. If the Complaints Director, upon receiving a report under paragraph 1, determines that a hearing is warranted, the Complaints Director shall apply to the Chair of the Arbitration and Adjudication Commission to appoint an adjudicator to conduct the hearing.

3. Section 25 of the Police Services Act applies in respect of the hearing conducted by the adjudicator as if the hearing were conducted by Ontario Civilian Police Commission under that section.

(3) If, in the opinion of the Ontario Civilian Police Commission and based on the investigation, a subsection 25 (5) hearing is warranted, the following rules apply:

1. The Ontario Civilian Police Commission shall report its opinion to the Inspector General.

2. If the Inspector General, upon receiving a report under paragraph 1, determines that a hearing is warranted, the Inspector General shall apply to the Chair of the Arbitration and Adjudication Commission to appoint an adjudicator to conduct the hearing.

3. Section 25 of the Police Services Act applies in respect of the hearing conducted by the adjudicator as if the hearing were conducted by Ontario Civilian Police Commission under that section.

(4) A hearing conducted by an adjudicator under this section shall be conducted in accordance with the Rules of Practice and Practice Directions, with necessary modifications.

New investigation, officer conduct

17. (1) This section applies in respect of a matter involving the conduct or performance of duties of a police officer, including a municipal chief of police, if,

(a) the Ontario Civilian Police Commission was authorized to investigate, inquire into and report on the matter under clause 25 (1) (a) of the Police Services Act;

(b) the Ontario Civilian Police Commission did not begin to investigate, inquire into or report on the matter before the transition date; and

(c) the conduct or performance of duties does not form part of a series of events that continue on or after the transition date.

(2) The Complaints Director may, on their own initiative, investigate and report on the matter.

(3) Sections 137 to 141 of the Act apply in respect of an investigation of the Complaints Director under subsection (2) of this section.

(4) If, in the opinion of the Complaints Director and based on the investigation, a subsection 25 (4) hearing or a subsection 25 (4.2) hearing is warranted, the following rules apply:

1. The Complaints Director shall apply to the Chair of the Arbitration and Adjudication Commission to appoint an adjudicator to conduct the hearing.

2. Section 25 of the Police Services Act applies in respect of the hearing conducted by the adjudicator as if the hearing were conducted by the Ontario Civilian Police Commission under that section.

(5) A hearing conducted by an adjudicator under this section shall be conducted in accordance with the Rules of Practice and Practice Directions, with necessary modifications.

New investigation, board member conduct

18. (1) This section applies in respect of a matter involving the conduct or performance of duties of a member of a police services board if,

(a) the Ontario Civilian Police Commission was authorized to investigate, inquire into and report on the matter under clause 25 (1) (a) of the Police Services Act;

(b) the Ontario Civilian Police Commission did not begin to investigate, inquire into or report on the matter before the transition date; and

(c) the conduct or performance of duties does not form part of a series of events that continue on or after the transition date.

(2) The Inspector General may, on their own initiative, investigate and report on the matter.

(3) Sections 113 to 118 of the Act apply in respect of an investigation of the Inspector General under subsection (2) of this section.

(4) If, upon completion of the investigation, the Inspector General is of the opinion that a subsection 25 (5) hearing is warranted, the following rules apply:

1. The Inspector General shall apply to the Chair of the Arbitration and Adjudication Commission to appoint an adjudicator to conduct a hearing.

2. Section 25 of the Police Services Act applies in respect of the hearing conducted by the adjudicator as if the hearing were conducted by Ontario Civilian Police Commission under that section.

(5) A hearing conducted by an adjudicator under this section shall be conducted in accordance with the Rules of Practice and Practice Directions, with necessary modifications.

Co-ordination of activities

19. If the Ontario Civilian Police Commission is dealing with a matter that is prescribed for the purpose of clause 216 (5.1) (b) of the Act, and if the Inspector General or Complaints Director is dealing with a related matter, the Inspector General or Complaints Director may provide written notice to the Ontario Civilian Police Commission that it should cease to deal with the matter and the Ontario Civilian Police Commission shall cease to deal with that matter.

Modified Application of Police Services Act

Hearing re conduct of chief, deputy chief, modified application of Police Services Act

20. (1) This section applies in respect of a complaint about the conduct of a chief of police or deputy chief of police if it is required to be dealt with in accordance with the Police Services Act under subsection 216 (2) of the Community Safety and Policing Act, 2019.

(2) A municipal police services board shall not refer a matter to the Ontario Civilian Police Commission as contemplated in subsection 69 (8) or 77 (7) of the Police Services Act but may instead apply to the Chair of the Ontario Police Arbitration and Adjudication Commission to appoint an adjudicator to conduct a hearing.

Hearing, modified application of s. 98 of the Police Services Act

21. (1) This section applies if a complaint is required to be dealt with in accordance with the Police Services Act and under subsection 216 (2) of the Community Safety and Policing Act, 2019 and section 98 of the Police Services Act applies in respect of the complaint.

(2) Sections 72 and 73 of the old Part V do not apply in respect of the complaint.

(3) In this section,

“old Part V” has the same meaning as in subsection 98 (3) of the Police Services Act.

22. Omitted (provides for coming into force of provisions of this Regulation).

 

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