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Community Safety and Policing Act, 2019

ONTARIO REGULATION 391/23

USE OF FORCE AND WEAPONS

Consolidation Period: From December 18, 2023 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on April 1, 2024, the day paragraph 37 of subsection 261 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

1.

Definitions

2.

Firearms

3.

Special purpose

4.

Duties before firearm issuance

5.

Restrictions on drawing handgun, pointing and discharging firearm

6.

Non-application, ss. 2 to 5

7.

Exceptions, s. 5

8.

Discharge of firearm

9.

Discharge of firearm — person killed or injured

10.

Other weapons

11.

Duty to comply with training requirements

12.

Duties of chief, Commission re training

13.

Use of force reporting — members of police service

14.

Use of force reporting — special constables

15.

Team reporting

16.

Reporting — multiple officers

17.

Report-related requirements

Table 1

Technical specifications for handguns

Table 2

Additional requirements for and restrictions on use of weapons

 

Definitions

1. In this Regulation,

“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), except that it does not include a firearm listed in section 1 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462, made under the Criminal Code (Canada) and does not include a PepperBall launcher; (“arme à feu”)

“handgun” means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand; (“arme de poing”) 

“less lethal projectile” means a projectile designed to be discharged from a firearm that is less likely to cause death or serious injury than conventional ammunition and includes projectiles that contain a gas. (“projectile à effet moins létal”)

Firearms

2. (1) Where a chief of police carries a handgun or authorizes a member of a police service to carry a handgun, the handgun must meet the technical specifications set out in Table 1 of this Regulation.

(2) A police officer appointed under the Interprovincial Policing Act, 2009 shall not carry a handgun unless,

(a)  the handgun meets the technical specifications set out in Table 1 of this Regulation; or

(b)  the appointing official or local commander who appointed the officer under that Act has authorized the officer to carry a firearm and the firearm is not a revolver.

(3) A special constable employed by the Niagara Parks Commission who is authorized to carry a handgun pursuant to their certificate of appointment shall not carry the handgun unless it meets the technical specifications set out in Table 1 of this Regulation.

(4) A member of a police service or special constable employed by the Niagara Parks Commission shall not alter or modify a handgun referred to in subsection (1) or (3), as the case may be.

(5) The ammunition issued for a handgun referred to in subsection (1) or (3),

(a)  must be factory loaded;

(b)  must be of a jacketed hollow point configuration;

(c)  must be in magazines unmodified as supplied by the handgun manufacturer;

(d)  must have a muzzle velocity of not less than 950 feet per second when fired from a four-inch barrel;

(e)  must have a penetration of not less than 12 inches and no more than 18 inches in 10 per cent gelatin when fired from a four-inch barrel at a distance of three metres; and

(f)  must have,

(i)  a calibre specification of 9 x 19 mm and a weight specification of 115 to 147 grains, or

(ii)  a calibre specification of .40 S & W and a weight specification of 155 to 180 grains.

(6) Every member of a police service, or special constable employed by the Niagara Parks Commission, who is issued a handgun referred to in subsection (1) or (3) shall be issued a minimum of three full magazines, one of which must be loaded in the handgun while the member or special constable is on duty.

Special purpose

3. (1) A chief of police may carry, for a special purpose, a firearm, except a revolver, of a type other than that permitted by section 2.

(2) A chief of police, or any other police officer designated for the purpose by the chief of police, may authorize a member of their police service to carry, for a special purpose, a firearm, except a revolver, of a type other than that permitted by section 2.

Duties before firearm issuance

4. (1) Before a firearm is issued to a member of a police service, the chief of police shall ensure that the member is in compliance with the applicable training requirements prescribed by the Minister and is competent in the use of the firearm.

(2) Before a firearm is issued to a special constable employed by the Niagara Parks Commission, the Niagara Parks Commission shall ensure that that the special constable is in compliance with the applicable training requirements prescribed by the Minister and is competent in the use of the firearm.

Restrictions on drawing handgun, pointing and discharging firearm

5. A member of a police service, or special constable employed by the Niagara Parks Commission, shall not draw a handgun, point a firearm at a person or discharge a firearm unless they believe, on reasonable grounds, that to do so is necessary to protect against loss of life or serious bodily harm.

Non-application, ss. 2 to 5

6. Sections 2 to 5 do not apply to a member of a police service or special constable when engaged in a training exercise, target practice or ordinary weapon maintenance in accordance with the procedures of the police service.

Exceptions, s. 5

7. Despite section 5, a member of a police service, or special constable employed by the Niagara Parks Commission, may discharge a handgun or other firearm,

(a)  to call for assistance in a critical situation, if there is no reasonable alternative; or

(b)  to destroy an animal that is potentially dangerous or is so badly injured that humanity dictates that its suffering be ended.

Discharge of firearm

8. If a member of a police service, other than the chief of police, or a special constable employed by the Niagara Parks Commission unintentionally or intentionally, except on a target range or in the course of ordinary weapon maintenance, discharges their firearm,

(a)  if the individual is a member of a police service who is not appointed under the Interprovincial Policing Act, 2009, the chief of police shall immediately cause an investigation to be made into the circumstances;

(b)  if the individual is a police officer appointed under the Interprovincial Policing Act, 2009, the appointing official or local commander who appointed the member under that Act, as the case may be, shall immediately cause an investigation to be made into the circumstances and a report on it to be submitted to the extra-provincial commander of the officer; or

(c)  if the individual is a special constable, the chief of police of the Niagara Regional Police Service shall immediately cause an investigation to be made into the circumstances and a report on it to be submitted to the Niagara Parks Commission and to the Regional Municipality of Niagara Police Service Board.

Discharge of firearm — person killed or injured

9. (1) If a member of a police service, other than the chief of police, or a special constable employed by the Niagara Parks Commission, by the discharge of a firearm in the performance of their duty, kills or injures another person,

(a)  if the individual is a member of the police service who is not appointed under the Interprovincial Policing Act, the chief of police shall immediately cause an investigation to be made into the circumstances;

(b)  if the member is a police officer appointed under the Interprovincial Policing Act, 2009, the appointing official or local commander who appointed the member under that Act, as the case may be, shall immediately cause an investigation to be made into the circumstances; or

(c)  if the individual is a special constable, the chief of police of the Niagara Regional Police Service shall immediately cause an investigation to be made into the circumstances.

(2) A report on the investigation shall be submitted,

(a)  to the Minister, in the case of an investigation by the Commissioner;

(b)  to the police service board, in the case of an investigation by any other chief of police;

(c)  to the extra-provincial commander of the police officer appointed under the Interprovincial Policing Act, 2009, in the case of an investigation involving such a police officer; or

(d)  to the Niagara Parks Commission and the Regional Municipality of Niagara Police Service Board in the case of an investigation involving a special constable.

(3) The Minister, the police service board, the Niagara Parks Commission or the Commissioner, as the case may be, shall, as soon as possible, review the report and make such further inquiries as they consider appropriate.

(4) If the Commissioner discharges a firearm in the performance of their duty, the Commissioner shall promptly report the matter to the Minister and the Minister shall cause an investigation to be made into the circumstances.

(5) If a chief of police discharges a firearm in the performance of their duty, the chief of police shall promptly report the matter to the police service board and the board shall cause an investigation to be made into the circumstances.

Other weapons

10. (1) A member of a police service, or special constable employed by the Niagara Parks Commission, shall not use a weapon other than a firearm on another person unless,

(a)  that type of weapon is identified in Table 2 of this Regulation;

(b)  the weapon conforms to any additional requirements regarding the weapon set out in Table 2 of this Regulation; and

(c)  the weapon is used in accordance with any restrictions set out in Table 2 of this Regulation.

(2) Subsection (1) does not apply to the use of a weapon on another member of the police service or a special constable in the course of a training exercise in accordance with the procedures of the police service.

Duty to comply with training requirements

11. (1) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009 if the officer is in compliance with the training requirements for the officer in the province or territory where the officer is appointed or employed as an extra-provincial police officer as defined in that Act.

(2) A member of a police service, or special constable employed by the Niagara Parks Commission, shall not use force on another person unless the member or special constable is in compliance with the training requirements prescribed by the Minister on the use of force.

(3) A member of a police service, or special constable employed by the Niagara Parks Commission, shall not carry or use a firearm unless the member is in compliance with the training requirements prescribed by the Minister on the use of firearms.

(4) A member of a police service, or special constable employed by the Niagara Parks Commission, shall not carry or use a weapon that is not a firearm unless the member is in compliance with the training requirements prescribed by the Minister on the use of that weapon. 

Duties of chief, Commission re training

12. (1) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.

(2) Every chief of police shall ensure that,

(a)  every member of the police service who may be required to use force on another person is in compliance with the training requirements prescribed by the Minister on the use of force;

(b)  every member of the police service who is authorized to carry or use a firearm is in compliance with the training requirements prescribed by the Minister on the use of firearms; and

(c)  every member of the police service who is authorized to carry or use a weapon that is not a firearm is in compliance with the training requirements prescribed by the Minister on the use of the weapon.

(3) The Niagara Parks Commission shall ensure that,

(a)  every special constable who may be required to use force on other persons is in compliance with the training requirements prescribed by the Minister on the use of force;

(b)  every special constable who is authorized to carry or use a firearm is in compliance with the training requirements prescribed by the Minister on the use of firearms; and

(c)  every special constable who is authorized to carry or use a weapon that is not a firearm is in compliance with the training requirements prescribed by the Minister on the use of the weapon.

(4) The chief of police shall maintain records of the training taken by members of the police service on the use of force, the use of firearms and the use of weapons that are not firearms and of when each training was taken.

(5) The Niagara Parks Commission shall maintain records of the training taken by special constables on the use of force, the use of firearms and the use of weapons that are not firearms and of when each training was taken.

Use of force reporting — members of police service

13. (1) Subject to sections 15 and 16, a member of a police service shall submit a report to the chief of police whenever the member,

(a)  draws a handgun in the presence of a member of the public;

(b)  points a firearm at a person;

(c)  discharges a firearm;

(d)  uses a weapon on another person;

(e)  draws and displays a conducted energy weapon to a person with the intention of achieving compliance;

(f)  points a conducted energy weapon at a person;

(g)  discharges a conducted energy weapon; or

(h)  uses force on another person, including through the use of a horse or a dog, that results in an injury requiring the services of a physician, nurse or paramedic and the member is aware that the injury required such services before the member goes off-duty.

(2) Despite clause (1) (a), a report is not required to be submitted if the handgun is drawn,

(a)  while loading, unloading or storing the handgun;

(b)  while surrendering the handgun or removing the handgun when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the handgun.

(3) For greater certainty, clause (1) (a) does not apply if the handgun is drawn only in the presence of members of the police service who are on duty.

(4) Despite clause (1) (b), a report is not required to be submitted if the firearm is pointed at a person for the purposes of training or practice.

(5) Despite clause (1) (c), a report is not required to be submitted if the firearm is discharged,

(a)  while loading, unloading or storing the firearm;

(b)  while surrendering the firearm or removing the firearm when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the firearm.

(6) Despite clause (1) (d), a report is not required to be submitted if the weapon,

(a)  is used for the purposes of training, practice, a competition or a demonstration;

(b)  is used for the purposes of testing the weapon; or

(c)  is a horse or a dog used as a weapon.

(7) Despite clause (1) (f), a report is not required to be submitted if the conducted energy weapon is pointed for the purposes of training, practice, a competition or a demonstration.

(8) Despite clause (1) (g), a report is not required to be submitted if the conducted energy weapon is discharged,

(a)  while loading, unloading or storing the weapon;

(b)  while surrendering the weapon or removing the weapon when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the weapon.

(9) Despite clause (1) (h), a report is not required to be submitted if the force is used for the purposes of training, practice, a competition or a demonstration.

(10) The report shall be submitted using the form approved by the Minister, which shall require, in a Part B to the form, the names and badge numbers of the member completing the form and of the member reviewing the form and which may require other information.

Use of force reporting — special constables

14. (1) A special constable employed by the Niagara Parks Commission shall submit a report to the Niagara Parks Commission and to the Regional Municipality of Niagara Police Service Board whenever the special constable,

(a)  draws a handgun in the presence of a member of the public;

(b)  points a firearm at a person;

(c)  discharges a firearm;

(d)  uses a weapon on another person;

(e)  draws and displays a conducted energy weapon to a person with the intention of achieving compliance;

(f)  points a conducted energy weapon at a person;

(g)  discharges a conducted energy weapon; or

(h)  uses force on another person, including through the use of a horse or a dog, that results in an injury requiring the services of a physician, nurse or paramedic and the special constable is aware that the injury required such services before the special constable goes off-duty.

(2) Despite clause (1) (a), a report is not required to be submitted if the handgun is drawn,

(a)  while loading, unloading or storing the handgun;

(b)  while surrendering the handgun or removing the handgun when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the handgun.

(3) For greater certainty, clause (1) (a) does not apply if the handgun is drawn only in the presence of other special constables employed by the Niagara Parks Commission who are on duty.

(4) Despite clause (1) (b), a report is not required to be submitted if the firearm is pointed at a person for the purposes of training or practice.

(5) Despite clause (1) (c), a report is not required to be submitted if the firearm is discharged,

(a)  while loading, unloading or storing the firearm;

(b)  while surrendering the firearm or removing the firearm when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the firearm.

(6) Despite clause (1) (d), a report is not required to be submitted if the weapon,

(a)  is used for the purposes of training, practice, a competition or a demonstration;

(b)  is used for the purposes of testing the weapon; or

(c)  is a horse or a dog used as a weapon.

(7) Despite clause (1) (f), a report is not required to be submitted if the conducted energy weapon is pointed for the purposes of training, practice, a competition or a demonstration.

(8) Despite clause (1) (g), a report is not required to be submitted if the conducted energy weapon is discharged,

(a)  while loading, unloading or storing the weapon;

(b)  while surrendering the weapon or removing the weapon when entering a place where it must be removed;

(c)  for the purposes of training, practice, a competition or a demonstration; or

(d)  for the purposes of repair, maintenance, testing or inspection of the weapon.

(9) Despite clause (1) (h), a report is not required to be submitted if the force is used for the purposes of training, practice, a competition or a demonstration.

(10) The report shall be submitted using the form approved by the Minister.

Team reporting

15. (1) The supervisor of a containment team, tactical unit or hostage rescue team, or an officer designated by the supervisor, may submit a report under subsection 13 (1) on behalf of the unit or team members if, during an operational deployment of the unit’s or team’s emergency response functions, and acting under the command of the supervisor, one or more members do any of the following:

1.  A member draws a handgun in the presence of a member of the public.

2.  A member points a firearm at a person.

3.  A member draws and displays a conducted energy weapon to a person with the intention of achieving compliance.

4.  A member points a conducted energy weapon at a person.

(2) If a member of a containment team, tactical unit or hostage rescue team has taken an action in relation to which a report must be completed under subsection 13 (1) other than an action set out in paragraphs 1 to 4 of subsection (1) of this section,

(a)  the officer must personally complete a report under subsection 13 (1) in relation to all actions taken by the officer; and

(b)  a supervisor or officer designated by the supervisor may submit a report under subsection 13 (1) on behalf of all the remaining officers.

(3) For greater certainty, a member of a containment team, tactical unit or hostage rescue team must personally complete a report under subsection 13 (1), and a supervisor or officer designated by the supervisor shall not complete the report on behalf of the unit or team, except in the circumstances set out in subsection (1) or (2) of this section.

(4) A supervisor of a public order unit, or an officer designated by the supervisor, may submit a report under subsection 13 (1) on behalf of the unit members, or members of a sub-unit within the public order unit, if, during an operational deployment of the unit’s or sub-unit’s public order maintenance functions, and acting under the command of the supervisor, one or more members do any of the following:

1.  A member applies force resulting in injury requiring the services of a physician, nurse or paramedic while the unit or sub-unit members are acting as a unit or sub-unit, as the case may be.

2.  A member points a firearm deployed with less lethal projectiles at a person.

3.  A member discharges a firearm deployed with less lethal projectiles at a person.

4.  A member draws and displays a conducted energy weapon to a person with the intention of achieving compliance.

5.  A member points a conducted energy weapon at a person.

(5) If during an operational deployment of the unit or sub-unit’s public order maintenance functions a member of the unit has taken an action in relation to which a report must be completed under subsection 13 (1) other than an action set out in paragraphs 1 to 5 of subsection (4) of this section,

(a)  the officer must personally complete a report under subsection 13 (1) in relation to all actions taken by the officer; and

(b)  a supervisor or officer designated by the supervisor may submit a report under subsection 13 (1) on behalf of all the remaining officers.

(6) For greater certainty, a member of a public order unit must personally complete a report under subsection 13 (1), and a supervisor or officer designated by the supervisor shall not complete the report on behalf of the unit members, or members of a sub-unit within the public order unit, except in the circumstances set out in subsection (4) or (5) of this section.

Reporting — multiple officers

16. (1) Subject to subsection (2), if any two or more officers are acting in co-ordination in response to a single event, and if during their response two or more officers do any of the following, one of the officers who has taken one of the following actions, as designated by their supervisor, may submit a report under subsection 13 (1) on behalf of all of the officers:

1.  An officer draws a handgun in the presence of a member of the public.

2.  An officer points a firearm at a person.

3.  An officer draws and displays a conducted energy weapon to a person with the intention of achieving compliance.

4.  An officer points a conducted energy weapon at a person.

(2) If an officer referred to in subsection (1) has taken an action in relation to which a report must be completed under subsection 13 (1) other than an action set out in paragraphs 1 to 4 of subsection (1) of this section,

(a)  the officer must personally complete a report under subsection 13 (1) in relation to all actions taken by the officer; and

(b)  an officer designated by the supervisor from among the remaining officers may submit a report under subsection 13 (1) on behalf of all the remaining officers.

(3) For greater certainty, two or more officers who are acting in co-ordination in response to a single event must each personally complete a report under subsection 13 (1), and one officer shall not complete the report on behalf of all the officers, except in the circumstances set out in this section.

Report-related requirements

17. (1) The chief of police shall ensure that Part B of a report submitted under subsection 13 (1) is destroyed not later than 30 days after the report is submitted under that subsection.

(2) Despite subsection (1), Part B of the reports submitted under subsection 13 (1) may be retained for an additional period specified by the police service board or the Minister, as the case may be, if the board or the Minister is of the opinion that the additional period is necessary for the purpose of determining whether members of the police service should receive additional training.

(3) The additional period specified under subsection (2) shall not extend past the second anniversary of the date the report is submitted.

(4) A report submitted under subsection 13 (1) shall not be admitted in evidence at any hearing under Part XII of the Act, other than a hearing to determine whether a police officer has contravened section 14, 16 or 17 of this Regulation.

(5) A chief of police shall review their procedures on use of force annually, having regard to an analysis of the data from the reports submitted under subsection 13 (1).

(6) The chief of police shall submit an annual report to the police service board, or to the Minister in the case of the Commissioner, analyzing the data from the reports submitted under subsection 13 (1) regarding use of force by members of the police service and identifying any trends.

(7) The police service board or the Minister shall publish the annual report submitted under subsection (6) on the Internet.

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

TABLE 1
Technical Specifications for Handguns

Item

Specification

1.

Weapon type

 

i. Semi-automatic pistol,

 

A. that requires a single consistent trigger pressure of not less than 8 pounds and not more than 13 pounds to discharge the weapon on each shot, and

 

B. all the safety features of which are housed within or are a part of the trigger system.

2.

Calibre

 

i. 9 × 19 mm, or

 

ii. .40 S & W

3.

Barrel length

 

i. Minimum 90 mm (3.5”)

 

ii. Maximum 130 mm (5”)

4.

Finish

 

i. Corrosion-resistant

 

ii. Non-reflective

5.

Sights

 

i. Fixed metal

 

ii. Self-luminating

6.

Operation

 

i. The slide remains locked fully open after the last round in the magazine is fired.

 

ii. The pistol has an external device that allows the slide to be manually locked open.

 

iii. The pistol has drop safety protection capable of preventing an accidental discharge when dropped from a height of four feet.

TABLE 2
Additional Requirements for and Restrictions on Use of Weapons

Type of Weapon

Additional requirements

Restriction on use of weapon

Conducted energy weapon

A conducted energy weapon may only be one of the following models of conducted energy weapon:
1. TASER X26P.
2. TASER X2.
3. TASER 7.

A member of a police service shall not use a conducted energy weapon on a person unless the member reasonably believes that,
1. the person is,
i. without the consent of another person, applying force intentionally to that person, directly or indirectly, or
ii. attempting or threatening, by an act or a gesture, to apply force to another person, if the person has, or causes that other person to believe on reasonable grounds that the person has, present ability to effect this purpose, or
2. taking into account the totality of the circumstances, there is an imminent need for control of the person in order to,
i. arrest the person,
ii. apprehend the person,
iii. prevent self-harm, or
iv. prevent the commission of an offence.

Baton

A baton, other than a baton used by members of a public order unit, tactical unit or hostage rescue team, must meet the following requirements:
1. The baton must be of fixed length or expandable.
2. The baton must be straight or handled.
3. The baton must be rigid at all times, including when expanded.
4. The baton must have a minimum length (when expanded, in the case of an expandable baton) of 16 inches.
For greater certainty, a member of a public order unit, tactical unit or hostage rescue team may use a baton that does not meet the above requirements.

None.

Tear gas

Only tear gas consisting of 2-Chlorobenzylidenemalononitrile (CS) may be used.
For greater certainty, tear gas consisting of  chloroacetophenone (CN) may not be used.

Tear gas may only be used by a member of a tactical unit, hostage rescue team or public order unit.
Tear gas may not be applied intentionally in concentrated form directly to a person.

Aerosol weapons

The active ingredient of an aerosol weapon may only be oleoresin capsicum (OC).
A member of  a police service, other than a member of a public order unit, tactical unit, hostage rescue team or containment team, may not use an aerosol weapon unless the weapon meets the following requirements:
1. The weapon must be a hand-held canister.
2. The weapon may dispense a foam, gel or spray.
3. The active ingredient is subject to a maximum Major Capsaicinoid (MC) percentage of 1.33 as measured by a High Performance Liquid Chromatograph (HPLC) test.
4. There must be a legible serial number and expiry date on the weapon.
5. The weapon must be able to be continuously deployed from any angle or orientation.
6. The weapon must be equipped with a safety device to prevent unintentional discharge.
7. The propellant must be high pressure, non-flammable, non-ozone-depleting, chemically inert and toxicologically safe.
8. The contents must not contain any carcinogenic ingredients or probable carcinogens.
9. The weapon must be CEW-compatible (i.e., the contents will not be ignited by a CEW deployment).
10. The contents must not be blended with tear gas (CS or CN).
For greater certainty, a member of a public order unit, tactical unit, hostage rescue team or containment team may use an aerosol weapon that does not meet the above requirements.

None.

PepperBall system, including projectiles containing PAVA

None.

A PepperBall system may only be carried or used by a member of a tactical unit, hostage rescue team or public order team, and only if the member is authorized to carry or use the system by the chief of police.

 

 

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