R.R.O. 1990, Reg. 926: EQUIPMENT AND USE OF FORCE

Police Services Act

R.R.O. 1990, REGULATION 926

EQUIPMENT AND USE OF FORCE

Historical version for the period October 20, 2006 to August 12, 2008.

Last amendment: O. Reg. 489/06.

This is the English version of a bilingual regulation.

1. This Regulation applies to police forces established under the Act. R.R.O. 1990, Reg. 926, s. 1.

2. In this Regulation,

“board” means a municipal police services board; (“commission de police”)

“firearm” means a firearm as defined in section 84 of the Criminal Code (Canada); (“arme à feu”)

“handgun” means a pistol that may be carried under section 3. (“arme de poing”) O. Reg. 552/92, s. 2; O. Reg. 43/94, s. 1.

Firearm

3. (1) Subject to subsections (5) and (6), where the Commissioner or a chief of police carries a handgun or authorizes a member of a police force under his or her control or administration to carry a handgun, the handgun issued and carried shall meet the technical specifications set out in the Table to this section. O. Reg. 43/94, s. 2.

(2) No member of a police force issued a handgun shall alter or modify the handgun issued to him or her. O. Reg. 43/94, s. 2.

(3) Subject to subsections (5) and (6), the ammunition issued for a handgun,

(a) shall be factory loaded;

(b) shall be of a jacketed hollow point configuration for the bullets described in paragraphs 1 and 2 of clause (d) and shall be of a hollow point configuration for the bullets described in paragraph 3 of clause (d);

(c) shall be in magazines unmodified as supplied by the handgun manufacturer; and

(d) shall, until February 3, 1999, meet one of the following specifications and after that date shall meet the specifications set out in paragraph 1 or 2:

1.	calibre:	9 × 19 mm
	weight:	115 to 147 grains
	muzzle velocity:	not less than 950 feet per second when fired from a four inch barrel
	penetration:	no less than 12 inches and no more than 18 inches in 10 per cent gelatin when fired from a four inch barrel at a distance of three metres.
2.	calibre:	.40 S & W
	weight:	155 to 180 grains
	muzzle velocity:	not less than 950 feet per second when fired from a four inch barrel
	penetration:	no less than 12 inches and no more than 18 inches in 10 per cent gelatin when fired from a four inch barrel at a distance of three metres.
3.	calibre:	.38
	weight:	158 grains
	muzzle velocity:	not less than 850 feet per second when fired from a four inch barrel
	penetration:	no less than 12 inches and no more than 18 inches in 10 per cent gelatin when fired from a four inch barrel at a distance of three metres.

O. Reg. 43/94, s. 2; O. Reg. 361/95, s. 1 (1, 2).

(4) Every member of a police force who is issued a handgun shall be issued a minimum of three full magazines, one of which shall be loaded in the handgun while the member is on duty. O. Reg. 43/94, s. 2.

(5) The Commissioner or chief of police, or any other police officer designated for the purpose by the Commissioner or chief of police, may authorize a member of a police force under his or her control or administration to carry, for a special purpose, a firearm, except a revolver, of a type other than that permitted by subsection (1). O. Reg. 43/94, s. 2.

(6) The Commissioner or chief of police, as the case may be, may authorize on such terms and for such periods as he or she considers appropriate, but not later than February 3, 1999, the continued carrying of a revolver that was permitted under this Regulation before February 3, 1994 and “handgun” in sections 9, 10 and 14.5 shall be deemed to include a revolver permitted under this subsection. O. Reg. 361/95, s. 1 (3).

(6.1) The Commissioner or chief of police, as the case may be, may authorize on such terms and for such periods as he or she considers appropriate, but not later than December 31, 1995, the continued issue of ammunition that was permitted under this Regulation on the day before this subsection came into force. O. Reg. 361/95, s. 1 (3).

(7) A board shall not,

(a) give away revolvers that were permitted under this Regulation immediately before February 3, 1994; or

(b) enter into an agreement to sell, lease, trade or otherwise dispose of revolvers that were permitted under this Regulation immediately before February 3, 1994. O. Reg. 664/94, s. 1.

(8) Clause (7)(b) does not apply in respect of an agreement to dispose of revolvers in order that they be destroyed. O. Reg. 664/94, s. 1.

(9) Despite subsection (7), the board may give away or sell a revolver described in that subsection if,

(a) the board is of the opinion that the revolver is of educational or historical value; and

(b) the board first obtains the approval of the Solicitor General to the gift or sale. O. Reg. 664/94, s. 1.

TABLE
TECHNICAL SPECIFICATIONS FOR HANDGUNS

Item	Specification
1.	Weapon type
	i. Semi-automatic pistol,
	A. that requires a single consistent trigger pressure of not less than 8 pounds and not more than 13 pounds to discharge the weapon on each shot, and
	B. all the safety features of which are housed within or are a part of the trigger system.
2.	Calibre
	i. 9 × 19 mm, or
	ii. .40 S & W
3.	Barrel length
	i. Minimum 90 mm (3.5″)
	ii. Maximum 130 mm (5″)
4.	Finish
	i. Corrosion-resistant
	ii. Non-reflective
5.	Sights
	i. Fixed metal
	ii. Self-luminating
6.	Operation
	i. The slide remains locked fully open after the last round in the magazine is fired.
	ii. The pistol has an external device that allows the slide to be manually locked open.
	iii. The pistol has drop safety protection capable of preventing an accidental discharge when dropped from a height of four feet.

O. Reg. 43/94, s. 2.

4. Before a firearm is issued to a member of a police force, the Commissioner or chief of police, as the case may be, shall satisfy himself or herself that the member has successfully completed the training required by section 14.2 and is competent in the use of the firearm. O. Reg. 552/92, s. 3.

5., 6. Revoked: O. Reg. 43/94, s. 3.

7., 8. Revoked: O. Reg. 552/92, s. 4.

9. A member of a police force shall not draw a handgun or discharge a firearm unless he or she believes, on reasonable grounds, that to do so is necessary to protect against loss of life or serious bodily harm. O.Reg.552/92, s. 5.

9.1 Sections 3 to 9 do not apply to a member of a police force when engaged in a training exercise, target practice or ordinary weapon maintenance in accordance with the rules of the police force. O. Reg. 552/92, s. 5.

10. Despite section 9, a member of a police force may discharge a handgun or other firearm,

(a) to call for assistance in a critical situation, if there is no reasonable alternative; or

(b) to destroy an animal that is potentially dangerous or is so badly injured that humanity dictates that its suffering be ended. O. Reg. 552/92, s. 6.

11. (1) Unless otherwise directed by the board, the chief of police or a superior officer, a member of a police force who is accompanying and supervising an auxiliary member of the police force may issue to the auxiliary member a firearm, except a revolver, if he or she believes, on reasonable grounds, that they are entering into a situation in which it is necessary that the auxiliary member be armed to protect against loss of life or serious bodily harm. O. Reg. 43/94, s. 4.

(2) Sections 4 to 10, 12 and 13 and 14.2 to 14.5 apply to an auxiliary member to whom a firearm is issued under subsection (1). O. Reg. 552/92, s. 7.

12. Where a member of a police force, other than the Commissioner or chief of police, unintentionally or intentionally, except on a target range or in the course of ordinary weapon maintenance, discharges his or her firearm, the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances. R.R.O. 1990, Reg. 926, s. 12.

13. (1) Where a member of a police force, other than the Commissioner or chief of police, by the discharge of a firearm in the performance of his or her duty, kills or injures another person, the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances. R.R.O. 1990, Reg. 926, s. 13 (1).

(2) A report on the investigation shall be submitted,

(a) to the Solicitor General, in the case of an investigation by the Commissioner; or

(b) to the board, in the case of an investigation by the chief of police. O. Reg. 552/92, s. 8.

(3) The Solicitor General or the board shall, as soon as practicable, review the report and make such further inquiries as the Solicitor General or the board considers appropriate. O. Reg. 552/92, s. 8.

(4) The board shall file with the Solicitor General a copy of any report submitted to it under subsection (2), together with a report on any additional inquiries made by the board. O. Reg. 552/92, s. 8.

(5) If the Commissioner discharges a firearm in the performance of his or her duty, the Commissioner shall promptly report the matter to the Solicitor General and the Solicitor General shall cause an investigation to be made into the circumstances. O. Reg. 552/92, s. 8.

(6) If a chief of police discharges a firearm in the performance of his or her duty, the chief of police shall promptly report the matter to the board and the board shall cause an investigation to be made into the circumstances and shall file a report on the investigation with the Solicitor General. O. Reg. 552/92, s. 8.

(7) Revoked: O. Reg. 552/92, s. 8.

Other Weapons

14. (1) A member of a police force shall not use a weapon other than a firearm on another person unless,

(a) that type of weapon has been approved for use by the Solicitor General;

(b) the weapon conforms to technical standards established by the Solicitor General; and

(c) the weapon is used in accordance with standards established by the Solicitor General. O. Reg. 552/92, s. 9.

(2) Subsection (1) does not apply to the use of a weapon on another member of the police force in the course of a training exercise in accordance with the rules of the police force. O. Reg. 552/92, s. 9.

(3) Spent: R.R.O. 1990, Reg. 926, s. 14 (3). See: O. Reg. 552/92, s. 9.

14.1 (1) Subject to subsection (2), a member of a police force shall not use any gas, chemical or aerosol weapon. O. Reg. 552/92, s. 9.

(2) Subject to section 14,

(a) the use of the substance commonly known as tear gas is permitted if it is not applied intentionally in concentrated form directly to the person; and

(b) the use of an aerosol weapon is permitted if the active ingredient is not a gas or chemical. O. Reg. 552/92, s. 9.

Training in the Use of Force

14.2 (1) A member of a police force shall not use force on another person unless the member has successfully completed a training course on the use of force. O. Reg. 552/92, s. 9.

(2) A member of a police force shall not carry a firearm unless, during the twelve previous months, the member has successfully completed a training course on the use of firearms. O. Reg. 552/92, s. 9.

14.3 (1) Every police force shall ensure that, at least once every twelve months,

(a) every member of the police force who may be required to use force on other persons receives a training course on the use of force;

(b) every member of the police force who is authorized to carry a firearm receives a training course on the use of firearms. O. Reg. 552/92, s. 9.

(2) The police force shall maintain written records of the training courses taken by members of the police force on the use of force and the use of firearms. O. Reg. 552/92, s. 9.

(3) Spent: R.R.O. 1990, Reg. 926, s. 14.3 (3). See: O. Reg. 552/92, s. 9.

14.4 The training courses referred to in sections 14.2 and 14.3 shall include training on the following matters:

1. Legal requirements.

2. The exercise of judgment.

3. Safety.

4. Theories relating to the use of force.

5. Practical proficiency. O. Reg. 552/92, s. 9.

Reports on the Use of Force

14.5 (1) A member of a police force shall submit a report to the chief of police or Commissioner whenever the member,

(a) draws a handgun in the presence of a member of the public, excluding a member of the police force while on duty, or discharges a firearm;

(b) uses a weapon other than a firearm on another person; or

(c) uses physical force on another person that results in an injury requiring medical attention. O. Reg. 552/92, s. 9.

(2) The report shall be in Form 1. O. Reg. 751/92, s. 1 (1).

(3) Subsection (1) does not apply when,

(a) a handgun is drawn or a firearm is discharged in the course of a training exercise, target practice or ordinary firearm maintenance in accordance with the rules of the police force;

(b) a weapon other than a firearm is used on another member of a police force in the course of a training exercise in accordance with the rules of the police force; or

(c) physical force is used on another member of a police force in the course of a training exercise in accordance with the rules of the police force. O. Reg. 552/92, s. 9.

(3.1) The chief of police or Commissioner shall ensure that Part B of the report is destroyed not later than thirty days after the report is submitted. O. Reg. 751/92, s. 1 (2).

(3.2) Despite subsection (3.1), Part B of the reports submitted under subsection (1) may be retained for an additional period specified by the board or the Commissioner, as the case may be, if the board or the Commissioner is of the opinion that the additional period is necessary for the purpose of determining whether members of the police force should receive additional training. O. Reg. 751/92, s. 1 (2).

(3.3) The additional period specified under subsection (3.2) shall not extend past the second anniversary of the date the report is submitted. O. Reg. 751/92, s. 1 (2).

(3.4) A report submitted under subsection (1) shall not be admitted in evidence at any hearing under Part V or VI of the Act, other than a hearing to determine whether a police officer has contravened this section. O. Reg. 751/92, s. 1 (2).

(4) The Solicitor General may require a chief of police or the Commissioner to deliver or make available to the Solicitor General a copy of a report submitted under subsection (1). O. Reg. 552/92, s. 9.

(5) Every police force shall review on a regular basis its policies on the use of force and on the training courses provided under section 14.3, having regard to the reports submitted under subsection (1). O. Reg. 552/92, s. 9.

(6) Spent: R.R.O. 1990, Reg. 926, s. 14.5 (6). See: O. Reg. 552/92, s. 9.

Motor Vehicles

15. No member of a police force shall use a subcompact motor vehicle for the purpose of general police patrol. R.R.O. 1990, Reg. 926, s. 15.

FORM 1
USE OF FORCE REPORT

Police Services Act

O. Reg. 751/92, s. 2.