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Police Services Act

ONTARIO REGULATION 263/09

PUBLIC COMPLAINTS — LOCAL COMPLAINTS

Consolidation Period: From October 19, 2009 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“delegate” means an individual to whom the chief of police delegates powers, duties or functions under section 9; (“délégué”)

“local complaint” means a complaint by a member of the public under subsection 2 (1); (“plainte locale”)

“Part V complaint” means a complaint by a member of the public to the Independent Police Review Director under Part V of the Act. (“plainte visée à la partie V”) O. Reg. 263/09, s. 1.

Local complaint

2. (1) Any member of the public permitted under section 58 of the Act to make a Part V complaint may make a local complaint respecting any of the following matters to the chief of police of a police force:

1. The conduct of a police officer who is a member of the police force.

2. The policies of or services provided by the police force. O. Reg. 263/09, s. 2 (1).

(2) Despite subsection (1), no person shall make a local complaint respecting a matter if the person has already made a Part V complaint in respect of the matter. O. Reg. 263/09, s. 2 (2).

(3) Before receiving a local complaint from a complainant, the chief of police shall,

(a) advise the complainant that members of the public may make Part V complaints respecting the matters referred to in subsection (1);

(b) advise the complainant that the chief of police may be required to request that the complainant make a Part V complaint respecting the matter if the complaint cannot be dealt with under this Regulation; and

(c) give the complainant any publication or information respecting Part V complaints that the Independent Police Review Director provides for the purpose. O. Reg. 263/09, s. 2 (3).

(4) A local complaint shall be made in person. O. Reg. 263/09, s. 2 (4).

Review of complaint

3. (1) Every chief of police shall review each local complaint that he or she receives and, subject to subsections (2) and (3), shall accept and deal with the complaint in accordance with this Regulation. O. Reg. 263/09, s. 3 (1).

(2) If, on review of the local complaint, the chief of police determines that the complainant has already made a Part V complaint in respect of the matter that is the subject of the local complaint, the chief of police shall refuse to accept or deal with the complaint. O. Reg. 263/09, s. 3 (2).

(3) If, on review of the local complaint, the chief of police determines that the complaint meets any of the criteria set out in subsection (4), the chief of police shall,

(a) refuse to accept or deal with the complaint; and

(b) request that the complainant make a Part V complaint respecting the matter. O. Reg. 263/09, s. 3 (3).

(4) The following are the criteria referred to in subsection (3):

1. The complaint is in respect of conduct that, if proved, would constitute misconduct within the meaning of subsection 80 (1) of the Act, other than conduct referred to,

i. in clause 80 (1) (h) of the Act, if the conduct is in respect of personal property referred to in paragraph 1 of subsection 132 (1) of the Act, or

ii. in any of the following provisions of the Schedule to Ontario Regulation 123/98 (General) made under the Act:

A. Subclauses 2 (1) (a) (i), (iv), (v), (x) and (xi).

B. Subclauses 2 (1) (c) (i), (ii), (v) and (vii).

C. Section 3, in so far as it relates to a provision referred to in sub-subparagraph A or B.

2. The complaint is in respect of the conduct of the chief of police or deputy chief of police of the police force.

3. In the opinion of the chief of police, it is in the public interest for the matter to be dealt with as a Part V complaint rather than as a local complaint. O. Reg. 263/09, s. 3 (4).

(5) The chief of police may consult the Independent Police Review Director before making a determination under subsection (2) or (3). O. Reg. 263/09, s. 3 (5).

(6) If a chief of police refuses to accept or deal with a complaint under subsection (2) or (3), he or she shall provide written notice of the fact, with reasons, to the complainant, to the Independent Police Review Director and, in the case of a complaint respecting the conduct of a police officer, to the police officer. O. Reg. 263/09, s. 3 (6).

(7) In the case of a local complaint respecting the conduct of a police officer other than the chief of police or deputy chief of police of the police force, if the complainant refuses a request under clause (3) (b) to make a Part V complaint respecting the matter, the chief of police shall make an internal complaint respecting the matter under subsection 76 (1) of the Act. O. Reg. 263/09, s. 3 (7).

Resolution

4. (1) In this section,

“alternative dispute resolution process” includes mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute. O. Reg. 263/09, s. 4 (1).

(2) Every chief of police shall attempt to resolve a local complaint accepted by him or her under section 3 in accordance with this section. O. Reg. 263/09, s. 4 (2).

(3) In order to attempt to resolve a local complaint, the chief of police may discuss the matter with the complainant or otherwise communicate with the complainant in a mutually agreed upon manner respecting the matter. O. Reg. 263/09, s. 4 (3).

(4) If the local complaint is in respect of the conduct of a police officer, the chief of police may do one or more of the following:

1. Discuss the matter with the police officer or otherwise communicate with the police officer respecting the matter and inform the complainant of the results of the discussion or communication.

2. Facilitate discussion or other communication between the complainant and the police officer and, if appropriate, any other member or employee of the police force.

3. Facilitate the making of an apology by the police officer to the complainant.

4. With the consent of the complainant, the police officer and the Independent Police Review Director, refer the complainant and the police officer to an alternative dispute resolution process. O. Reg. 263/09, s. 4 (4).

(5) The following rules apply if the chief of police refers the complainant and the police officer to an alternative dispute resolution process:

1. The person selected or appointed to facilitate the alternative dispute resolution process shall not be a member or employee of any police force.

2. All communications at an alternative dispute resolution process and the facilitator’s notes and records shall remain confidential and are deemed to have been made without prejudice to the complainant and the police officer in the process. O. Reg. 263/09, s. 4 (5).

(6) If the local complaint is in respect of a policy or service, the following rules apply:

1. If the complaint is in respect of a policy or service provided by a municipal police force, the chief of police shall notify the board about the matter.

2. If the complaint is dealt with by a delegate, the delegate may notify the chief of police about the matter and inform the complainant of the results of the notification.

3. If the complaint affects or relates to a policy of or service provided by another police force, the chief of police of that police force may be notified about the matter and the complainant informed of the results of the notification. O. Reg. 263/09, s. 4 (6).

(7) If at any time while attempting to resolve a local complaint in accordance with this section the chief of police determines that the complainant has made a Part V complaint in respect of the matter that is the subject of the local complaint, the chief of police shall cease dealing with the complaint. O. Reg. 263/09, s. 4 (7).

(8) If at any time while attempting to resolve a local complaint in accordance with this section the chief of police determines that the complaint meets any of the criteria set out in subsection 3 (4), the chief of police shall,

(a) cease dealing with the complaint; and

(b) request that the complainant make a Part V complaint respecting the matter. O. Reg. 263/09, s. 4 (8).

(9) The chief of police may consult the Independent Police Review Director before making a determination under subsection (7) or (8). O. Reg. 263/09, s. 4 (9).

(10) If a chief of police ceases to deal with a complaint under subsection (7) or (8), he or she shall provide written notice of the fact, with reasons, to the complainant, to the Independent Police Review Director and, in the case of a complaint respecting the conduct of a police officer, to the police officer. O. Reg. 263/09, s. 4 (10).

(11) In the case of a local complaint respecting the conduct of a police officer other than the chief of police or deputy chief of police of the police force, if the complainant refuses a request under clause (8) (b) to make a Part V complaint respecting the matter, the chief of police shall make an internal complaint respecting the matter under subsection 76 (1) of the Act. O. Reg. 263/09, s. 4 (11).

Confirmation

5. The resolution of a local complaint under section 4 shall be confirmed in writing by the complainant, the chief of police and, in the case of a complaint respecting the conduct of a police officer, the police officer. O. Reg. 263/09, s. 5.

Documentation

6. (1) Every local complaint shall be documented in a form approved by the Independent Police Review Director that is completed and signed by the complainant and the chief of police. O. Reg. 263/09, s. 6 (1).

(2) The form referred to in subsection (1) shall contain,

(a) the complainant’s name and date of birth;

(b) a summary of the matter being complained of;

(c) a description of the resolution of the matter requested by the complainant; and

(d) the steps taken by the chief of police and any member or employee of a police force in respect of the complaint. O. Reg. 263/09, s. 6 (2).

(3) The chief of police shall ensure that the form is updated to reflect any changes in the information referred to in subsection (2). O. Reg. 263/09, s. 6 (3).

(4) If a complainant refuses to complete or sign the form, the matter is deemed not to be a local complaint, and the chief of police shall,

(a) make a record of the matter as a local inquiry; and

(b) take no further steps in respect of the matter. O. Reg. 263/09, s. 6 (4).

Restriction on related Part V complaints

7. (1) A person who makes a local complaint respecting a matter shall not make a Part V complaint in respect of the same matter. O. Reg. 263/09, s. 7 (1).

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

(a) the local complaint is in respect of a matter that cannot be dealt with under this Regulation;

(b) the complainant is at any time during any process under this Regulation misled or subjected to intimidation or coercion in relation to the local complaint;

(c) the chief of police or his or her delegate does not carry out one or more of his or her duties under subsection 2 (3);

(d) the chief of police or any other member or employee of a police force does not perform a duty or obligation required by or agreed to under section 4; or

(e) the local complaint is not resolved, or its resolution is not confirmed under section 5, within 30 days after the complainant makes the complaint. O. Reg. 263/09, s. 7 (2).

(3) The 30-day period referred to in clause (2) (e) may be extended for an additional 30 days if,

(a) the complainant, the chief of police and, in the case of a local complaint respecting the conduct of a police officer, the police officer, agree in writing to the extension; and

(b) the Independent Police Review Director approves the extension. O. Reg. 263/09, s. 7 (3).

(4) The agreement and the approval required by subsection (3) to extend the 30-day period may be made or given before or after the expiry of the period. O. Reg. 263/09, s. 7 (4).

Reporting requirements

8. (1) A chief of police shall provide to the Independent Police Review Director a copy of the form referred to in subsection 6 (1) no later than seven days after it is first completed and signed. O. Reg. 263/09, s. 8 (1).

(2) No later than five days after making an internal complaint in accordance with subsection 3 (7) or 4 (11), a chief of police shall provide written notice to the Independent Police Review Director informing him or her of the complaint and its substance. O. Reg. 263/09, s. 8 (2).

(3) No later than 15 days after the end of each fiscal quarter, every chief of police shall report the number of matters recorded under clause 6 (4) (a) as a local inquiry during that fiscal quarter to the Independent Police Review Director. O. Reg. 263/09, s. 8 (3).

(4) A chief of police shall provide to the Independent Police Review Director any information that the Independent Police Review Director may require respecting any local complaint that is confirmed under section 5 to be resolved. O. Reg. 263/09, s. 8 (4).

Delegation

9. (1) The chief of police of a police force may delegate any of his or her powers, duties or functions under this Regulation to,

(a) any member or class of member of the police force; and

(b) in the case of the Ontario Provincial Police, any employee or class of employee of the Ontario Provincial Police. O. Reg. 263/09, s. 9 (1).

(2) A delegation made under subsection (1) is subject to any restrictions or conditions that the chief of police may specify. O. Reg. 263/09, s. 9 (2).

10. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 263/09, s. 10.

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