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O. Reg. 410/23: CODE OF CONDUCT FOR SPECIAL CONSTABLES

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 410/23

CODE OF CONDUCT FOR SPECIAL CONSTABLES

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 clause 95 (5) (c) 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.

Application and Interpretation

1. (1) This Regulation sets out the code of conduct with which every special constable must comply.

(2) Conduct of a special constable does not contravene this code of conduct if it is,

(a) done in accordance with a designation made under subsection 25.1 (3) or 25.1 (6) of the Criminal Code (Canada) or an authorization made under paragraph 25.1 (9) (a) of that Act, as applicable, including any conditions that apply to the designation; and

(b) justified in accordance with the rules set out in section 25.1 of the Criminal Code (Canada).

(3) For greater certainty, the existence of a good faith exception in this code of conduct does not limit the grounds on which it may be concluded that a special constable has not contravened this code of conduct.

Compliance with Act

2. A special constable shall comply with the Act and the regulations made under it.

Compliance with Special Investigations Unit Act, 2019

3. A special constable shall comply with the Special Investigations Unit Act, 2019 and the regulations made under it.

Contravention — guilty of offence

4. A special constable contravenes this code of conduct if they are found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada).

Human Rights Code

5. (1) A special constable shall not, in the course of their duties, treat any person in a manner that the special constable, at the time, knows or reasonably ought to know would contravene the Human Rights Code.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, the special constable’s conduct was in the good faith performance of their duties.

Charter of Rights and Freedoms

6. (1) A special constable shall not, by act or omission, do anything that the special constable, at the time, knows or reasonably ought to know would infringe or deny a person’s rights or freedoms under the Canadian Charter of Rights and Freedoms.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, the conduct was in the good faith performance of the special constable’s duties.

Interactions with public

7. (1) A special constable shall not make an arrest if, at the time of the arrest, the special constable knows or reasonably ought to know that the arrest is unlawful.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, the conduct was,

(a) in the good faith performance of the special constable’s duties; and

(b) consistent with the special constable’s training and any applicable procedures established by their employer or, if the special constable is a member of a police service, by their chief of police.

Unlawful detention

8. (1) A special constable shall not authorize or make a physical or psychological detention if, at the time of the detention, the special constable knows or reasonably ought to know that the detention is unlawful.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, the conduct was,

(a) in the good faith performance of the special constable’s duties; and

(b) consistent with the special constable’s training and any applicable procedures established by their employer or, if the special constable is a member of a police service, by their chief of police.

Health and safety of individual in custody

9. A special constable shall not neglect the health or safety of any individual who is in their custody as a result of the special constable’s duties.

Public trust

10. (1) A special constable shall not conduct themselves in a manner that undermines, or is likely to undermine, public trust in the delivery of services by special constables.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, their conduct was in the good faith performance of,

(a) their duties as a special constable; or

(b) their duties as a representative of a union or association representing special constables.

Use of force

11. (1) A special constable shall not use force unless,

(a) the force is used for the purpose of carrying out a duty;

(b) the special constable is entitled by statute or common law to use force for the purpose of carrying out that duty;

(c) the special constable is acting on reasonable grounds; and

(d) the force used is no more than is necessary given the circumstances.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, their conduct was,

(a) in the good faith performance of their duties; and

(b) consistent with the special constable’s training and any applicable procedures established by their employer or, if the special constable is a member of a police service, by their chief of police.

Abusive language

12. (1) A special constable shall not, in the course of their duties, use abusive language with any person or otherwise treat any person in a manner that is abusive.

(2) A special constable shall not be subject to discipline for a contravention of subsection (1) if, on a balance of probabilities, their conduct was in the good faith performance of their duties.

Provision of names

13. While acting in the course of their duties, a special constable shall, upon request, provide their name and the name of their employer to any member of the public in a manner reasonable in the circumstances that allows the member of the public to identify the special constable, unless the special constable has reason to believe that doing so would undermine the safety of an individual.

Bribery

14. A special constable shall not solicit, offer or take a bribe.

Gratuities, presents

15. (1) A special constable shall not accept a gratuity or present of more than nominal value from any person or entity if the gratuity or present could influence or could be perceived to influence the performance of the special constable’s duties.

(2) Subsection (1) does not apply if the special constable’s employer, or, if the special constable is a member of a police service, their chief of police, authorizes them to accept the gratuity or present.

Benefits, interference with administration of justice

16. (1) A special constable shall not use their position as a special constable to do any of the following:

1. Benefit themselves or one or more persons with whom they have a personal relationship, subject to subsection (2).

2. Interfere with the administration of justice.

(2) A special constable does not contravene paragraph 1 of subsection (1) if,

(a) the benefit occurs incidentally in the usual course of carrying out the special constable’s duties; and

(b) in the case of a special constable who is a member of a police service, the special constable’s conduct does not contravene any regulations made under the Act with respect to conflict of interest.

(3) In subsection (1),

“personal relationship” includes, but is not limited to, a relationship with any of the following persons:

1. A current or former spouse or common-law partner of the special constable.

2. A current or former intimate partner of the special constable.

3. The special constable’s children, including biological and adoptive children and stepchildren.

4. The legal dependants of the special constable.

5. A child in the special constable’s care.

6. The special constable’s grandparents, parents or siblings, including grandparents-in-law, parents-in-law and siblings-in-law.

Disclosure of information

17. (1) A special constable shall not disclose to the public information obtained or made available in the course of their duties as a special constable except as authorized by their employer, as necessary for the performance of the special constable’s duties or as required by law.

(2) Subsection (1) does not apply to information that was already made available to the public by a person who was authorized to do so prior to the special constable’s disclosure.

Information obtained or made available in course of duties

18. A special constable shall not access, collect, use, disclose, alter, retain or destroy information obtained or made available in the course of their duties as a special constable if, at the time, they know or reasonably ought to know that doing so would be contrary to law.

Appropriate performance of duties

19. (1) A special constable shall not, by act or omission, fail to perform their duties appropriately without lawful excuse if, at the time, they know or reasonably ought to know that their act or omission would amount to a failure to perform their duties.

(2) A special constable shall not, if they exercise any powers granted pursuant to their appointment under section 92 of the Act, by act or omission fail to exercise them appropriately without lawful excuse if, at the time, they know or reasonably ought to know that their act or omission would amount to a failure to exercise them appropriately.

Impairment by substances

20. A special constable shall not perform or attempt to perform duties as a special constable while their ability to perform duties is impaired by alcohol or drugs.

Reporting conduct of another member

21. (1) A special constable who is a member of a police service shall report conduct of another member of the police service in accordance with the procedures described in subsection 183 (1), (2) or (3) of the Act, as applicable, or to the Inspector General in accordance with section 185 of the Act if the special constable reasonably believes, or reasonably ought to believe, that the conduct constitutes misconduct.

(2) A special constable employed by a special constable employer shall report conduct of another special constable employed by that employer in accordance with the procedures described in subsection 183 (4) of the Act or to the Inspector General in accordance with section 185 of the Act if the special constable reasonably believes, or reasonably ought to believe, that the conduct constitutes misconduct.

(3) Despite subsections (1) and (2), a special constable who is acting as a representative of a union or association representing special constables is not required to report conduct that was made known to the special constable for the purpose of obtaining the special constable’s assistance in their capacity as a union or association representative, unless failing to report the conduct would pose a serious risk of harm to any person.

(4) Despite subsections (1) and (2), a special constable who is participating in an organized peer support group is not required to report conduct of a member of the police service or a special constable employed by the special constable employer, as applicable, that was made known to the special constable in the course of participating in the peer support group, unless failing to report the conduct would pose a serious risk of harm to any person.

Deception

22. A special constable shall not deceive or mislead any person in relation to the special constable’s duties, the special constable’s employment or the administration of justice through any act or omission, except to the extent required or authorized for the purpose of carrying out the special constable’s duties.

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

 

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