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Community Safety and Policing Act, 2019

ONTARIO REGULATION 406/23

DISCIPLINE

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 6 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.

Duty to provide notice to Complaints Director

1. For the purposes of subsections 197 (1), (2) and (3) of the Act, a chief of police, a police service board or the Minister must provide notice of conduct that constitutes misconduct to the Complaints Director in the following circumstances.

1.  The chief of police, police service board or Minister reasonably suspects that,

i.  the conduct constitutes misconduct, and

ii.  the conduct was directed at or otherwise directly affected a member of the public who would be authorized to make a complaint about the conduct to the Complaints Director.

Definition of serious offence

2. For the purpose of paragraph 3 of subsection 210 (1) of the Act,

“serious offence” means any indictable offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada) or any hybrid offence under those statutes for which the Crown elects to proceed by indictment.

Forfeiture of pay

3. (1) If a disciplinary measure of more than one day’s forfeiture of pay is imposed under Part XII of the Act, not more than one day’s pay shall be deducted in each pay period until the full amount has been paid, unless otherwise agreed to by the police officer against whom the disciplinary measure is imposed or otherwise ordered by the person or entity that imposed the disciplinary measure.

(2) If the police officer against whom a disciplinary measure described in subsection (1) is imposed ceases to be a member of the police service, the whole amount of the forfeiture of pay then remaining may be deducted from any pay then due.

Investigation of misconduct

4. Every chief of police shall establish procedures for the investigation of misconduct.

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

 

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