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Community Safety and Policing Act, 2019

ONTARIO REGULATION 405/23

POLICE UNIFORMS AND EQUIPMENT

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.

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.

Provision of uniform and equipment

2. (1) A police service board shall provide to members of a police service maintained by the board all articles of uniform and equipment necessary for the performance of their duties but, if an article of uniform or piece of equipment is damaged or lost through the fault of the member of the police service, the member shall bear the cost of the replacement.

(2) The Commissioner shall provide to other members of the Ontario Provincial Police all articles of uniform and equipment necessary for the performance of their duties but, if an article of uniform or piece of equipment is damaged or lost through the fault of a member of the Ontario Provincial Police, the member shall bear the cost of the replacement.

Acoustic hailing device

3. (1) A member of a police service shall not use an acoustic hailing device, unless,

(a)  the device is used only for the purpose of communicating;

(b)  the sound levels emitted by the device, or by another device that is the same model and made by the same manufacturer, have been measured at various settings and distances from the device, and an analysis of the resulting measurements is set out in a report;

(c)  recommendations about the device are available to the chief of police that,

(i)  are based on the report referred to in clause (b),

(ii)  address matters such as settings, distances, duration of use and other reasonable protective measures, and

(iii)  are capable of supporting the establishment of procedures under clause (d);

(d)  the chief of police has established procedures in respect of the use of the device to protect members of the public from being exposed to a sound level produced by the device that is greater than an equivalent sound exposure level of 85 dBA,; and

(e)  the member has received training on the procedures referred to in clause (d) and on proper use of the device.

(2) The report and recommendations referred to in clauses (1) (b) and (c) may not be used to satisfy the requirements set out in those clauses unless the person who made the report or recommendations met the following requirements at the time the report or recommendations were made:

1.  The person was not a member of the police service of which the chief of police referred to in clause (1) (d) is a member.

2.  The person was independent of the manufacturer of the device.

3.  The person was qualified because of knowledge, training and experience to prepare the report or recommendations.

(3) For greater certainty and for the purposes of clause (1) (a), the use of an alarm or alert tone on an acoustic hailing device to get the attention of members of the public is communicating.

(4) In this section,

“acoustic hailing device” means a device that was designed for communicating voice messages or other sounds over long distances and that is capable of emitting, or was designed to emit, sounds that are 135 decibels or greater when measured at a distance of one metre from the device, but does not include a siren that was designed to be mounted on a vehicle; (“dispositif à ondes acoustiques”)

“dBA” means a measure of sound level in decibels using a reference sound pressure of 20 micropascals when measured on the A-weighting network of a sound level meter; (“dBA”)

“equivalent sound exposure level” is the steady sound level in dBA that is produced by an acoustic hailing device which, if a person were exposed to the sound level for eight hours in a day, would contain the same total energy as that generated by the actual and varying sound levels produced by the device to which the person is exposed in the day, determined in accordance with the following formula:

 ()

in which,

  is the equivalent sound exposure level in eight hours,

Σ  is the sum of the values in the enclosed expression for all activities from i = 1 to i = ,

i  is a discrete instance in which a person is exposed to a sound level produced by an acoustic hailing device,

  is the duration in hours of i,

  is the sound level of i in dBA, and

  is the total number of discrete instances in which the person is exposed to a sound level produced by an acoustic hailing device in a day. (“niveau d’exposition sonore équivalent”)

Sub-compact motor vehicle

4. A member of a police service shall not use a sub-compact motor vehicle for the purpose of general police patrol.

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

 

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