O. Reg. 396/23: MATTERS RESPECTING THE APPOINTMENT AND FUNCTIONS OF SPECIAL CONSTABLES AND THE AUTHORIZATION OF SPECIAL CONSTABLE EMPLOYERS, Under: Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1
Today, December 5, 2024, current consolidated laws on e-Laws are current (up-to-date) to November 1, 2024 (e-Laws currency date).
Community Safety and Policing Act, 2019
MATTERS RESPECTING THE APPOINTMENT AND FUNCTIONS OF SPECIAL CONSTABLES AND THE AUTHORIZATION OF SPECIAL CONSTABLE EMPLOYERS
Consolidation Period: From July 31, 2024 to the e-Laws currency date.
Last amendment: 319/24.
Legislative History: 124/24, CTR 26 JL 24 - 2, 319/24.
This is the English version of a bilingual regulation.
CONTENTS
Interpretation | |
Obligation of issuer of certificate of appointment | |
Certificate of appointment, purposes and powers | |
Permitted weapons | |
Prohibition on motor vehicle pursuits | |
Patrol vehicles | |
Requirements to be a special constable employer | |
Information to be included in application | |
Factors to be considered | |
Purposes and powers for certificates of appointment and permitted weapons |
Interpretation
“conducted energy weapon” means 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); (“arme à impulsions”)
“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), with the exception of a conducted energy weapon; (“arme à feu”)
“specialized investigation” means an investigation into any of the following:
1. Major cases within the meaning of Ontario Regulation 394/23 (Major Case Management and Approved Software Requirements) made under the Act.
2. A criminal organization offence, as defined in section 2 of the Criminal Code (Canada).
3. A terrorism offence, as defined in section 2 of the Criminal Code (Canada).
4. Any incident resulting in the death of a person. (“enquête spécialisée”)
(2) For the purposes of this Regulation, in addition to land and structures, a reference to a premises may include,
(a) water;
(b) ships and vessels;
(c) trailers and portable structures designed or used for residence, business or shelter; or
(d) trains, railway cars, vehicles and aircraft, whether or not in operation.
(3) For the purposes of this Regulation, an action may be taken under the direction of a police officer or a First Nation Officer even if the direction is provided remotely, whether orally or in writing.
Certificates of Appointment, Weapons and Equipment
Obligation of issuer of certificate of appointment
2. Where a police service board or the Commissioner specifies in a certificate of appointment a purpose that contemplates a person acting as a special constable in relation to a particular premises, the board or the Commissioner shall specify whether the person is authorized to act as a special constable in relation to matters that originate in that premises and continue outside of that premises. O. Reg. 396/23, s. 2; O. Reg. 319/24, s. 2.
Certificate of appointment, purposes and powers
3. For the purposes of clauses 92 (7) (c) and (d) of the Act, the certificate of appointment of a type of special constable described in Column 1 of the Schedule to this Regulation may specify,
(a) any of the purposes for which a person may act as a special constable that are set out opposite in Column 2 of the Schedule; and
(b) any powers of a police officer under a statute listed or described opposite in Column 3 of the Schedule, subject to any conditions or restrictions set out in Column 3.
Permitted weapons
4. (1) Subject to subsection (3), a special constable may only carry or use a weapon as permitted by subsection (2) and provided that, pursuant to clause 95 (6) (a) of the Act, the special constable’s certificate of appointment authorizes the special constable to carry or use the weapon.
(2) A special constable of a type described in Column 1 of the Schedule to this Regulation may carry or use a weapon listed opposite in Column 4 of the Schedule, subject to any conditions or restrictions set out in Column 4.
(3) The restrictions set out in this section do not apply to the possession or use of a weapon by a special constable who is authorized under a law of Canada to provide policing in Ontario and to possess or use the weapon in the course of his or her duties.
Prohibition on motor vehicle pursuits
5. (1) Subject to subsection (2), a special constable may not, by means of a motor vehicle, pursue a fleeing motor vehicle.
(2) Subsection (1) does not apply to a special constable who,
(a) is an officer within the meaning of the Royal Canadian Mounted Police Act (Canada); or
(b) is employed by the Niagara Parks Commission.
Patrol vehicles
6. The Niagara Parks Commission and any special constable employer that employs special constables of a type referred to in Column 1 of item 5 of the Schedule to this Regulation shall ensure that any patrol vehicle used by their special constables meets the following specifications:
1. In the case of a patrol vehicle used by special constables whose special constable employer is the Niagara Parks Commission, it must have inscribed on it, on each side, “Niagara Parks Commission”, “NIAGARA PARKS COMMISSION”, “Niagara Parks Police Service” or “NIAGARA PARKS POLICE SERVICE”.
2. In the case of a patrol vehicle used by special constables of a type referred to in Column 1 of item 5 of the Schedule to this Regulation, it must have inscribed on it,
i. the name of the special constable employer on each side, and
ii. the phrase “Special Constable”, “SPECIAL CONSTABLE”, “Constable spécial” or “CONSTABLE SPÉCIAL” on each side, the hood and the trunk.
3. The words required to be inscribed on the vehicle under paragraph 2 or 3 must be inscribed with a reflective material. O. Reg. 396/23, s. 6; O. Reg. 124/24, s. 2.
Special Constable Employer Applications
Requirements to be a special constable employer
7. For the purposes of subsection 97 (3) of the Act, the following are prescribed as requirements that an applicant must meet to be issued an authorization to employ special constables:
1. The applicant must be one of the following:
i. A Ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof.
ii. A municipality.
iii. A local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006.
iv. A municipally-controlled corporation as defined in section 223.1 of the Municipal Act, 2001.
v. A city-controlled corporation as defined in section 156 of the City of Toronto Act, 2006.
vi. A university.
vii. An entity that employs police officers or peace officers in another jurisdiction.
viii. An entity that employs First Nation Officers.
2. If the applicant would be a special constable employer mentioned in Column 1 of item 2, 3 or 5 of the Schedule to this Regulation if the authorization were issued, the applicant must have the following in place:
i. A records management system that provides for the storage, retrieval, retention, manipulation and archiving of information pertaining to the activities of special constables performed for the applicant.
ii. Procedures governing the performance of the duties of special constables employed by the applicant.
iii. Procedures for obtaining assistance in an emergency from police services that provide policing in any area where the special constables are likely to act as special constables, that must have been approved by the relevant chiefs of police.
3. If an applicant would be a special constable employer referred to in Column 1 of item 3 or 5 of the Schedule to this Regulation if the authorization were issued, the applicant must have entered into the following agreements with whoever is expected to appoint the applicant’s special constables, that being either the relevant police service board or the Commissioner:
i. An agreement as to any terms or conditions that are expected to be imposed on a special constable’s certificate of appointment regarding the types of incidents the special constables may respond to and any investigations they may undertake.
ii. An agreement respecting reporting by the special constable employer to the board or Commissioner, as the case may be, regarding the types of incidents that the special constables respond to and the types of investigations they undertake.
4. An applicant, other than an entity that employs First Nation Officers, must have in place procedures respecting reporting to chiefs of police for areas where special constables are likely to act as special constables regarding reporting to the chiefs of police any incidents responded to and investigations undertaken by the special constables.
5. The applicant must have commercial general liability insurance of a minimum amount of five million dollars and must name the Crown in right of Ontario as an additional insured, unless the applicant is a ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof.
Information to be included in application
8. For the purposes of subsection 97 (2) of the Act, the following information shall be included in an application for an authorization to employ special constables:
1. The applicant’s name.
2. An indication of which special constable employer the applicant would be if the authorization were issued, from among those referred to in Column 1 of the Schedule to this Regulation, as well as,
i. the purposes for which a person may act as a special constable and the powers of a police officer that may be exercised by a special constable that the applicant wishes to see specified in certificates of appointment issued to persons employed by the applicant, and
ii. in the case of an applicant that would be a special constable employer referred to in Column 1 of item 2 of the Schedule to this Regulation, the provincial statutes that a person appointed as a special constable and employed by the applicant would be authorized to enforce in the course of their employment with the applicant.
3. A detailed description of the reasons for which the applicant requires the use of special constables in relation to its mandate, unless,
i. the applicant would be a special constable employer mentioned in Column 1 of item 1, 3 or 4 of the Schedule to this Regulation if the authorization were issued, or
ii. the applicant employed special constables immediately before the day on which subsection 97 (1) of the Act came into force.
4. If the special constables that would be employed by the applicant would be acting as special constables in areas that are not contiguous, the arrangements that the applicant intends to put in place to support the activities of the special constables in such circumstances.
5. The total number of special constables that the applicant intends to employ.
6. Any information required to demonstrate that the applicant meets the requirements set out in section 7.
Factors to be considered
9. For the purposes of subsection 97 (4) of the Act, the following are prescribed as the factors that the Minister shall take into consideration in considering whether to issue an authorization to an applicant that meets the requirements set out in section 7:
1. Whether the description referred to in paragraph 3 of section 8 demonstrates a need for special constables, given any alternatives that may be available to the applicant.
2. Whether the arrangements referred to in paragraph 4 of section 8 are sufficient.
10. Omitted (provides for coming into force of provisions of this Regulation).
Schedule
Purposes and powers for Certificates of Appointment
and Permitted weapons
1. Revoked: O. Reg. 124/24, s. 1.
Item | Column 1 | Column 2 | Column 3 | Column 4 |
1. | Special constables who are members of a police service or whose special constable employer is an entity that employs First Nation Officers | 1. Providing security in relation to premises that, | The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 1, 2, 3, 6 or 10 in Column 2 of item 1: | 1. Oleoresin capsicum spray. |
2. | Special constables whose special constable employer is a ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof, other than the Niagara Parks Commission, Metrolinx or a college of applied arts and technology established by regulation under subsection 2 (1) of the Ontario Colleges of Applied Arts and Technology Act, 2002 | 1. Exercising the powers of a peace officer under the Criminal Code (Canada) and other federal statutes in relation to the performance of the person’s duties in enforcing a provincial statute that the person is authorized to enforce in the course of their employment with the special constable employer. | None | The following weapons may only be used if the special constable is already authorized to carry or use the weapon for the purpose of performing the special constable’s duties in enforcing a provincial statute in the course of their employment with the special constable employer: |
3. | Special constables whose special constable employer is the Niagara Parks Commission | 1. Performing policing functions, other than conducting specialized investigations, | 1. Any Act of the Legislature. | 1. A firearm. |
4. | Special constables whose special constable employer employs police officers pursuant to the law of another jurisdiction | 1. Performing policing functions in any specified area of Ontario or throughout Ontario. | 1. Any Act of the Legislature. | 1. A firearm. |
5. | Special constables not otherwise described in Column 1 of items 1 to 4 | 1. Providing security in relation to the premises of the special constable employer. | The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 1, 2, 3, 6, 9, 10 or 11 in Column 2 of item 5: | 1. Oleoresin capsicum spray. |
O. Reg. 396/23, Schedule; O. Reg. 319/24, s. 3.