O. Reg. 125/24: TRANSITIONAL MATTERS, Community Safety and Policing Act, 2019
Community Safety and Policing Act, 2019
TRANSITIONAL MATTERS
Consolidation Period: From September 1, 2025 to the e-Laws currency date.
Last amendment: 200/25.
Legislative History: CTR 26 JL 24 - 9, 200/25.
This is the English version of a bilingual regulation.
CONTENTS
| Interpretation | |
| Misconduct, continuing events | |
| Authority re continuing events | |
| Agreements | |
| Time extension re training, specified individuals | |
| Time extension re training, appointment as police officer | |
| Time extension re training, appointment as special constable | |
| Dissolution | |
| Procedure following continued investigation | |
| New investigation, officer conduct | |
| New investigation, board member conduct | |
| Hearing re conduct of chief, deputy chief, modified application of Police Services Act | |
| Hearing, modified application of s. 98 of the Police Services Act | |
Interpretation
“Practice Directions” 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”) O. Reg. 125/24, s. 1 (1); O. Reg. 200/25, s. 1.
(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. O. Reg. 125/24, s. 1 (2).
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.
Time extension re training, specified individuals
“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 | Column 2 |
| 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
Dissolution
8. The Ontario Civilian Police Commission is dissolved effective the day on which Ontario Regulation 200/25 made under the Act comes into force. O. Reg. 200/25, s. 2.
9.-15. Revoked: O. Reg. 200/25, s. 3.
Procedure following continued investigation
16. (1) If, before its dissolution, the Ontario Civilian Police Commission had, upon the completion of an investigation continued under section 15 of this Regulation, as that section read before the date of the Commission’s dissolution, reported its opinion to the Complaints Director that a subsection 25 (4) hearing or a subsection 25 (4.2) hearing is warranted, the following rules apply:
1. If the Complaints Director, upon having received the report, 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.
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. O. Reg. 200/25, s. 4.
(2) If, before its dissolution, the Ontario Civilian Police Commission had, upon the completion of an investigation continued under section 15 of this Regulation, as that section read before the date of the Commission’s dissolution, reported its opinion to the Inspector General that a subsection 25 (5) hearing is warranted, the following rules apply:
1. If the Inspector General, upon having received the report, 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.
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. O. Reg. 200/25, s. 4.
(3) 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. O. Reg. 200/25, s. 4.
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.
19. Revoked: O. Reg. 200/25, s. 5.
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 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. O. Reg. 125/24, s. 21 (1); O. Reg. 200/25, s. 6.
(2) Sections 72 and 73 of the old Part V do not apply in respect of the complaint. O. Reg. 125/24, s. 21 (2).
(3) In this section,
“old Part V” has the same meaning as in subsection 98 (3) of the Police Services Act. O. Reg. 125/24, s. 21 (3).
22. Omitted (provides for coming into force of provisions of this Regulation).
