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O. Reg. 399/23: GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL

under Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1

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current December 18, 2023 (e-Laws currency date)

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Community Safety and Policing Act, 2019

ONTARIO REGULATION 399/23

GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL

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 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

PART I
APPLICATION

1.

Non-application to extra-provincial police officers

PART II
DEFINITIONS AND CLARIFICATIONS

2.

Definition of “emergency” in the Act

PART III
GENERAL ADMINISTRATION

3.

Strategic plan

PART IV
RANKS

4.

Ranks in municipal police services

5.

Ranks in Ontario Provincial Police

PART V
DUTIES OF MEMBERS OF A POLICE SERVICE

6.

Preparing informations

7.

Withdrawal of certificates of offence, offence notices

8.

No contracting debts

9.

Notice of resignation

PART VI
DUTIES OF THE CHIEFS OF POLICE

10.

Duty of chief of police re: training

11.

Skills development and learning plan

12.

Annual report

PART VII
COURT SECURITY

13.

Court security

 

Part I
Application

Non-application to extra-provincial police officers

1. This Regulation does not apply with respect to police officers appointed under the Interprovincial Policing Act, 2009.

Part II
Definitions and Clarifications

Definition of “emergency” in the Act

2. (1) For the purposes of the Act, “emergency” has the same meaning as in section 1 of the Emergency Management and Civil Protection Act.

(2) The definition of “emergency” in subsection (1) modifies the phrase “emergency assistance” in the Act but does not modify the phrases “emergency calls for service” and “emergency response” in the Act.

Part III
General Administration

Strategic plan

3. The following matters are prescribed for the purposes of subparagraph 3 x of subsection 39 (1) of the Act and subparagraph 3 x of subsection 61 (1) of the Act:

1. Drug crime and clearance rates for drug crime.

Part IV
Ranks

Ranks in municipal police services

4. (1) Every police service maintained by a police service board may have all or any of the police ranks listed in subsection (2) and the police ranks listed in subsection (3), if applicable, but may not have any others.

(2) The following are the police ranks mentioned in subsection (1):

1. Chief of Police.

2. Deputy Chief.

3. Staff Superintendent or Chief Superintendent.

4. Superintendent.

5. Staff Inspector.

6. Inspector.

7. Staff Sergeant.

8. Sergeant.

9. Constable, which shall have the following classifications in descending seniority:

i. First-Class Constable.

ii. Second-Class Constable.

iii. Third-Class Constable.

iv. Fourth-Class Constable.

(3) If a police service maintained by a police service board has a detective branch, the police service may have the ranks of,

(a) Detective Superintendent, which is equivalent to the rank of Superintendent;

(b) Detective Inspector, which is equivalent to the rank of Inspector;

(c) Detective Sergeant, which is equivalent to the rank of Staff Sergeant;

(d) Detective, which is equivalent to the rank of Sergeant; and

(e) Detective Constable, which is equivalent to the rank of Constable and has the same classifications as set out in paragraph 9 of subsection (2).

(4) The police ranks listed in subsections (2) and (3) may only be issued to or held by members of the police service who are police officers.

(5) A Constable or Detective Constable is eligible for reclassification to the next highest constable classification, if any, after serving for one year in a given classification.

(6) Despite subsection (5), a Constable or Detective Constable may be eligible for reclassification to the next highest constable classification, if any, in less than a year in the case of outstanding or meritorious service.

(7) For greater certainty, a constable classification applies in respect of a police officer regardless of whether their rank changes from Constable to Detective Constable or vice versa.

Ranks in Ontario Provincial Police

5. (1) The Ontario Provincial Police may have all or any of the police ranks listed in subsections (2) and (3) but may not have any others.

(2) The following are the police ranks mentioned in subsection (1):

1. Commissioner.

2. Deputy Commissioner.

3. Chief Superintendent.

4. Superintendent.

5. Inspector.

6. Sergeant Major.

7. Staff Sergeant.

8. Sergeant.

9. Constable, which shall have the following classifications in descending seniority:

i. First-Class Constable.

ii. Second-Class Constable.

iii. Third-Class Constable.

iv. Fourth-Class Constable.

(3) The following are the police ranks mentioned in subsection (1) in respect of detective ranks:

1. Detective Superintendent, which is equivalent to the rank of Superintendent.

2. Detective Inspector, which is equivalent to the rank of Inspector.

3. Detective Staff Sergeant, which is equivalent to the rank of Staff Sergeant.

4. Detective Sergeant, which is equivalent to the rank of Sergeant.

5. Detective Constable, which is equivalent to the rank of Constable and has the same classifications as set out in paragraph 9 of subsection (2).

(4) The police ranks listed in subsections (2) and (3) may only be issued to or held by members of the Ontario Provincial Police who are police officers.

Part V
Duties of Members of a Police Service

Preparing informations

6. (1) A member of a police service shall not swear an information that alleges the commission of an offence unless it has been prepared by a member of a police service.

(2) A member of a police service shall ensure that an information mentioned in subsection (1) is prepared in a manner suitable for laying before a justice of the peace and, if required, on a prescribed form.

Withdrawal of certificates of offence, offence notices

7. A member of a police service shall not offer to withdraw a certificate of offence or offence notice issued under the Provincial Offences Act on the condition that the person to whom the certificate or notice has been issued participate in a program offered by the police service.

No contracting debts

8. No member of the Ontario Provincial Police shall contract debts that the member is unwilling or unable to discharge and that may interfere with the performance of the member’s duties as a member of the Ontario Provincial Police.

Notice of resignation

9. Without the consent of the Commissioner, no member of the Ontario Provincial Police shall resign unless the member has given two weeks notice in writing to the Commissioner.

Part VI
Duties of the Chiefs of Police

Duty of chief of police re: training

10. Every chief of police shall ensure that any training requirements prescribed by the Minister are satisfied.

Skills development and learning plan

11. Every chief of police shall establish a skills development and learning plan for the members of the police service that addresses,

(a) the provision of a program to coach or mentor new officers; and

(b) the development and maintenance of the capabilities of members of the police service, including,

(i) the police service’s criminal investigators,

(ii) members of the police service who provide investigative support functions, if any,

(iii) members of a public order unit, if any, and

(iv) members of the police service who provide any emergency response functions.

Annual report

12. (1) On or before June 30 in each year, every chief of police, other than the Commissioner, shall prepare an annual report for the police service board relating to the activities of the police service during the previous fiscal year, including information on,

(a) implementation of the strategic plan prepared and adopted by the police service board under subsection 39 (1) of the Act;

(b) public complaints;

(c) the actual cost of policing; and

(d) any other information that is required to be in the annual report by other regulations made under the Act.

(2) The relevant police service board shall publish the annual report on the Internet.

Part vII
Court Security

Court security

13. If a police service board or the Commissioner has the responsibilities referred to in section 243 of the Act with respect to premises where court proceedings are conducted, the chief of police of the relevant police service or the Commissioner shall,

(a) prepare a court security plan;

(b) establish procedures on court security that address supervision and training; and

(c) ensure that court security personnel have the capability to perform their functions related to court security.

Part VIII (OMITTED)

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

 

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