Community Safety and Policing Act, 2019

ONTARIO REGULATION 516/24

NISHNAWBE ASKI POLICE SERVICE BOARD - TRANSITIONAL MATTERS

Consolidation Period:  From December 10, 2024 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“new board” means the Nishnawbe Aski Police Service Board constituted under Ontario Regulation 515/24 (Nishnawbe Aski Police Service Board) made under the Act; (“nouvelle commission”)

“old board” means the Nishnawbe Aski Police Service Board incorporated under the Not-for-Profit Corporations Act, 2010; (“ancienne commission”)

“transition date” means the day this Regulation comes into force. (“date de transition”)

Appointment, police officer

2. (1) Every First Nation Officer employed by the old board immediately before the transition date is deemed to have been appointed as a police officer by the new board as of the transition date.

(2) For the purposes of subsection 83 (8) of the Act, the time period for an individual mentioned in subsection (1) to successfully complete the training described in subclauses 83 (1) (e) (ii) and (iii) of the Act is within three years after the transition date.

(3) The appointment of an individual mentioned in subsection (1) as a First Nation Officer is terminated as of the transition date.

Appointment, special constable

3. (1) Every special constable employed by the old board immediately before the transition date is deemed to have been appointed as a special constable by the new board as of the transition date.

(2) The term of the appointment referred to in subsection (1) is the earlier of three years from the transition date and the date on which the individual’s appointment as a special constable by the Commissioner would otherwise have expired.

(3) If an individual mentioned in subsection (1) was a special constable employed by the old board on April 1, 2024, the individual is not required to complete the training mentioned in subsection 10 (1) of Ontario Regulation 87/24 (Training) made under the Act for such period of time as the deemed appointment under subsection (1) of this section continues.

(4) An individual mentioned in subsection (1) is exempt from the requirement to successfully complete the training mentioned in subsection 10 (1) of Ontario Regulation 87/24 (Training) made under the Act for the purposes of being reappointed one or more times as a special constable with purposes and powers, as set out in their most recent certificate of appointment, that are substantially the same, if the reappointment occurs no later than one year following the day on which the deemed appointment under subsection (1) or the most recent reappointment, as the case may be, ceased.

(5) The appointment as a special constable of an individual mentioned in subsection (1) by the Commissioner is terminated as of the transition date.

Strategic plan

4. (1) The plan titled “Strategic Plan 2024-2027: Nishnawbe Aski Police”, adopted by the old board, is deemed to have been prepared and adopted as the strategic plan by the new board for the purpose of section 39 of the Act.

(2) The plan mentioned in subsection (1) is deemed to have been adopted as of the transition date.

Board member training

5. (1) Despite subsection 35 (3) of the Act, if a member of the new board has not successfully completed the specified training as of the transition date, the member may exercise any of their powers and perform any of their duties during the three months following the transition date.

(2) Despite subsection 35 (4) of the Act, if a member of the new board has not successfully completed the specified training as of the transition date, the member may exercise any of their powers and perform any of their duties during the six months following the transition date.

Labour relations

6. (1) In this section,

“collective agreements” means the collective agreements entered into by the old board and the Public Service Alliance of Canada in respect of First Nation Officers and civilians employed by the old board and in effect immediately before the transition date.

(2) The collective agreements are deemed to have been entered into by the new board and the N.A.P.S. First Nations Police Association.

(3) The collective agreements apply, with necessary modifications, in respect of the members of the Nishnawbe Aski Police Service employed by the new board.

(4) For greater certainty, as of the transition date, the old board and the Public Service Alliance of Canada are no longer parties to the collective agreements.

Complaints, proceedings

7. (1) Complaints made and proceedings initiated before the transition date in respect of the conduct of a First Nation Officer who was employed by the old board shall continue to be dealt with in accordance with any rules that applied immediately before the transition date, with necessary modifications.

(2) Complaints made on or after the transition date about the conduct of a First Nation Officer who was employed by the old board, relating to an event that occurred before the transition date and that does not form part of a series of events that continued on or after the transition date, shall be dealt with in accordance with any rules that applied immediately before the transition date, with necessary modifications.

(3) Subsection (1) applies, with necessary modifications, in respect of complaints made and proceedings initiated before the transition date concerning the conduct of a member of the old board.

(4) Subsection (2) applies, with necessary modifications, in respect of complaints made on or after the transition date about the conduct of a member of the old board, relating to an event that occurred before the transition date and does not form part of a series of events that continued on or after the transition date.

(5) For greater certainty, complaints relating to an event that occurred before the transition date and that forms part of a series of events that continued on or after the transition date shall be dealt with in accordance with the Act.

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