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 July 25, 2013 to November 27, 2019.

Last amendment: 36/13.

Legislative History: 552/92, 751/92, 43/94, 664/94, 361/95, 489/06, 283/08, 459/09, 264/10, 36/13.

This is the English version of a bilingual regulation.

1. This Regulation applies to police forces established under the Act and members of a police force.  O. Reg. 264/10, s. 1.

2. In this Regulation,

“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), except that it does not include a firearm listed in section 1 of Part 1 of the schedule to the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted, SOR/98-462, made under the Criminal Code (Canada); (“arme à feu”)

“handgun” means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand. (“arme de poing”)  O. Reg. 283/08, s. 1.

Firearm

3. (1) 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 to and carried by a member of a police force must meet the technical specifications set out in the Table to this section.  O. Reg. 283/08, s. 2.

(1.1) A police officer appointed under the Interprovincial Policing Act, 2009 shall not carry a handgun unless it meets the technical specifications set out in the Table to this section or except if the appointing official or local commander who appointed the officer under that Act has authorized the officer to carry a different kind of firearm, other than a revolver.  O. Reg. 264/10, s. 2 (1).

(2) A member of a police force shall not alter or modify the handgun issued to him or her under subsection (1).  O. Reg. 283/08, s. 2; O. Reg. 264/10, s. 2 (2).

(3) The ammunition issued for a handgun described in subsection (1),

(a) must be factory loaded;

(b) must be of a jacketed hollow point configuration;

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

(d) must have a muzzle velocity of not less than 950 feet per second when fired from a four-inch barrel;

(e) must have a penetration of not 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; and

(f) must meet either of the following calibre and weight specifications:

 

1.	calibre:	9 ´ 19 mm
	weight:	115 to 147 grains
2.	calibre:	.40 S & W
	weight:	155 to 180 grains

O. Reg. 283/08, s. 2.

(4) Every member of a police force who is issued a handgun described in subsection (1) shall be issued a minimum of three full magazines, one of which must be loaded in the handgun while the member is on duty.  O. Reg. 283/08, s. 2.

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 (3.5²)
	ii. Maximum 130 mm (5²)
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. 283/08, s. 2.

3.1 (1) The Commissioner or a chief of police may carry, for a special purpose, a firearm, except a revolver, of a type other than that permitted by section 3.  O. Reg. 283/08, s. 2.

(2) The Commissioner or a 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 section 3.  O. Reg. 283/08, s. 2.

3.2 (1) A board shall not,

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

(b) enter into an agreement to sell, lease, trade or otherwise dispose of a revolver that was permitted under this Regulation immediately before February 3, 1994.  O. Reg. 283/08, s. 2.

(2) Clause (1) (b) does not apply in respect of an agreement to dispose of a revolver in order that it be destroyed.  O. Reg. 283/08, s. 2.

(3) Despite subsection (1), 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. 283/08, 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, point a firearm at a person 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. 283/08, s. 3.

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 an Ontario police force as defined in the Interprovincial Policing Act, 2009 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; O. Reg. 264/10, s. 3.

(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. If 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,

(a) the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the individual is a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009; or

(b) the appointing official or local commander who appointed the member under the Interprovincial Policing Act, 2009, as the case may be, shall, if the member is a police officer appointed under that Act, immediately cause an investigation to be made into the circumstances and a report on it to be submitted to the extra-provincial commander of the officer.  O. Reg. 264/10, s. 4.

13. (1) If 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,

(a) the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the individual is a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009; or

    (b) the appointing official or local commander who appointed the member under the Interprovincial Policing Act, 2009, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the member is a police officer appointed under that Act.  O. Reg. 264/10, s. 5 (1).

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

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

(b) to the board, in the case of an investigation by the chief of police; or 

(c) to the extra-provincial commander of the police officer appointed under the Interprovincial Policing Act, 2009, in the case of an investigation involving such a police officer.  O. Reg. 552/92, s. 8; O. Reg. 264/10, s. 5 (2).

(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 and Firearms

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.

(3) Despite subsection (2), a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009 who has not successfully completed a training course on the use of firearms during the twelve previous months and who has been granted additional time to take the training course under subsection 14.3 (2) may carry a firearm for the period of additional time granted.  O. Reg. 459/09, s. 1; O. Reg. 264/10, s. 6 (2).

14.3 (0.1) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.  O. Reg. 264/10, s. 7 (1).

(1) Subject to subsection (2), every chief of police 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 takes a training course on the use of force;

(b) every member of the police force who is authorized to carry a firearm takes a training course on the use of firearms.  O. Reg. 459/09, s. 2.

(2) If it was not reasonably possible for a member of the police force to take a training course on the use of force or on the use of firearms within the time required by subsection (1), the chief of police may grant the member additional time, not to exceed 60 days, to take the course.  O. Reg. 459/09, s. 2; O. Reg. 264/10, s. 7 (2).

(3) If a member of the police force has been granted additional time to take a training course under subsection (2), the chief of police shall ensure that the member takes the training course within that additional time period.  O. Reg. 459/09, s. 2.

(4) The chief of police shall maintain records of the training courses taken by members of the police force on the use of force and the use of firearms and of any grants of additional time to take a training course given under subsection (2).  O. Reg. 459/09, s. 2.

14.4 (1) The training courses referred to in sections 14.2 and 14.3 that a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009 is required to take 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. 264/10, s. 8.

(2) The training courses referred to in sections 14.2 and 14.3 that a police officer appointed under the Interprovincial Policing Act, 2009 is required to take are the training courses on the use of force or the use of firearms, as the case may be, that are available to the officer in the province or territory where the officer is appointed or employed as an extra-provincial police officer as defined in that Act.  O. Reg. 264/10, s. 8.

Reports on the Use of Force

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

(a) draws a handgun in the presence of a member of the public, excluding a member of the police force who is on duty, points a firearm at a person 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; O. Reg. 283/08, s. 4 (1); O. Reg. 264/10, s. 9 (1).

(1.1) The member shall submit the report to,

(a) the chief of police or Commissioner if the member is an Ontario police officer as defined in the Interprovincial Policing Act, 2009; or

(b) the following persons if the member is a police officer appointed under the Interprovincial Policing Act, 2009:

(i) the appointing official or local commander who appointed the member under that Act, as the case may be,

(ii) the extra-provincial commander of the officer.  O. Reg. 264/10, s. 9 (2).

(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 pointed at a person or 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; O. Reg. 283/08, s. 4 (2).

(3.1) If the report is submitted to the chief of police or Commissioner, the chief of police or the Commissioner, as the case may be, shall ensure that Part B of the report is destroyed not later than 30 days after the report is submitted.  O. Reg. 264/10, s. 9 (3).

(3.2) Despite subsection (3.1), Part B of the reports submitted under clause (1.1) (a) 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); O. Reg. 264/10, s. 9 (4).

(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 of the Act, other than a hearing to determine whether a police officer has contravened this section.  O. Reg. 751/92, s. 1 (2); O. Reg. 283/08, s. 4 (3).

(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.

Acoustic Hailing Devices

16. (1) A member of a police force 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,

(iii) address the expected uses of the device by the police force, and

(iv) 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, L_ex,8; and

(e) the member has received training on the procedures referred to in clause (d) and on proper use of the device. O. Reg. 36/13, s. 1.

(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 force of the chief of police referred to in clause (1) (d).

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. O. Reg. 36/13, s. 1.

(3) For greater certainty, an acoustic hailing device that is used only to communicate is not a weapon for the purposes of this Regulation. O. Reg. 36/13, s. 1.

(4) 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. O. Reg. 36/13, s. 1.

(5) 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”)

“decibel” means a unit of measurement of sound pressure level that is equal to 20 times the logarithm to the base 10 of the ratio of the pressure of a sound, divided by the reference pressure of 20 micropascals; (“décibel”)

“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:

Text alternative: Image of the mathematical equation for determining the equivalent sound exposure level over eight hours that contains the same total energy as that generated by the actual and varying sound levels to which a worker is exposed in his or her total work day. This text alternative is provided for convenience only and does not form part of the official law.

where,

L_ex,8 is the equivalent sound exposure level in 8 hours,

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

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

t_i is the duration in hours of i,

SPL_i is the sound level of i in dBA,

n 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”) O. Reg. 36/13, s. 1.

Form 1
use of force report

Police Services Act

O. Reg. 751/92, s. 2.