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O. Reg. 398/23: ALTERNATIVE PROVISION OF POLICING FUNCTIONS

filed December 18, 2023 under Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1

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ontario regulation 398/23

made under the

Community Safety and Policing Act, 2019

Made: December 14, 2023
Filed: December 18, 2023
Published on e-Laws: December 18, 2023
Published in The Ontario Gazette: January 6, 2024

Alternative Provision of Policing Functions

Definition

1. In this Regulation,

“Adequate and Effective Policing Regulation” means Ontario Regulation 392/23 (Adequate and Effective Policing (General)) made under the Act.

Alternative provision of policing functions by other police service board or Commissioner

2. (1) A police service board or the Commissioner may, subject to section 3 and the requirements of section 14 of the Act, provide any of the policing functions listed in subsection (2), (3), (4), (5) or (6) in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with another police service board or the Commissioner to provide the policing function in the area with members of that other board’s police service or members of the Ontario Provincial Police, as applicable, or persons assisting those members while acting under their direction.

(2) The following policing functions, relating primarily to crime prevention, are prescribed for the purposes of subsection (1):

1. Delivering crime prevention initiatives.

(3) The following policing functions, relating primarily to law enforcement, are prescribed for the purposes of subsection (1):

1. Investigations into any of the following matters:

i. Impaired or dangerous operation of a conveyance, including a motor vehicle, vessel or aircraft.

ii. Sudden death.

iii. Missing persons.

iv. Abuse of a vulnerable person, such as a person with a mental or physical disability, a person under 18 years of age or an elderly person.

v. Abductions and attempted abductions.

vi. Arson.

vii. Cybercrime, including online child exploitation and child pornography.

viii. Found human remains.

ix. Criminal conduct that is alleged or reasonably suspected to be motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or any other similar factor.

x. Human trafficking, including trafficking for the purpose of sexual exploitation or forced labour.

xi. Offences involving firearms or conducted energy weapons.

xii. Criminal organization offences, as defined in section 2 of the Criminal Code (Canada).

xiii. Terrorism offences, as defined in section 2 of the Criminal Code (Canada).

xiv. Non-violent financial crime, including fraud, corruption and corporate crime.

2. Threshold investigations, within the meaning of Ontario Regulation 394/23 (Major Case Management and Approved Software Requirements) made under the Act, that are not otherwise listed in paragraph 1.

3. Care and transportation of detainees.

4. Undercover police operations.

5. Electronic interception of private communications.

6. Physical surveillance.

7. Video and photographic surveillance.

8. Waterways patrol.

9. Traffic direction and enforcement, including traffic patrol for the purpose of clauses 57 (c) and (d) of the Act.

10. Police air support.

11. Technical collision investigation and reconstruction.

12. The following investigative supports:

i. Breath analysis by a breath technician.

ii. Drug recognition expert evaluation.

iii. Polygraph and behavioural science services.

iv. Crime scene analysis.

v. Canine tracking.

vi. Forensic identification services conducted by a forensic identification unit of a police service, which does not include services conducted for a police service by a laboratory.

13. Crime analysis.

14. A criminal intelligence process.

(4) The following policing functions, relating primarily to maintaining the public peace, are prescribed for the purposes of subsection (1):

1. The functions of a public order unit, as that term is used in the Adequate and Effective Policing Regulation.

(5) The following policing functions, relating primarily to emergency response, are prescribed for the purposes of subsection (1):

1. The functions of a tactical unit, as that term is used in the Adequate and Effective Policing Regulation.

2. The functions of a hostage rescue team, as that term is used in the Adequate and Effective Policing Regulation.

3. The functions of an incident commander, as that term is used in the Adequate and Effective Policing Regulation.

4. The functions of a crisis negotiator, as that term is used in the Adequate and Effective Policing Regulation.

5. The functions of a mobile mental health and addictions crisis team.

6. Chemical, biological, radiological, nuclear and explosive response.

7. Explosive disposal.

8. Emergency ground search, rescue and recovery.

9. Emergency waterways search, rescue and recovery.

(6) The following additional policing functions are prescribed for the purposes of subsection (1):

1. Dispatching members of a police service.

Agreement preconditions

3. (1) Before entering into an agreement under subsection 14 (1) of the Act regarding the provision of a policing function, the parties to the agreement shall,

(a) consult with each other regarding the policies that apply in each of the affected police services with respect to the function; and

(b) ensure that the chiefs of police of the affected police services consult with each other on the procedures each has established with respect to the function.  

(2) Before entering into an agreement under subsection 14 (1) of the Act respecting the provision of the functions of a tactical unit or of a hostage rescue team, the party to the agreement who would be receiving the functions shall ensure that,

(a) the agreement provides that either,

(i) the police service that would provide the functions would also provide the functions of incident commanders and crisis negotiators who have trained with the tactical unit or hostage rescue team, or

(ii) the incident commanders and crisis negotiators of the police service that would be receiving the functions would train with the tactical unit or hostage rescue team; and

(b) the agreement provides that, if police officers from more than one police service participate in the tactical unit or hostage rescue team, the chiefs of police of each of those police services would ensure that all of the unit or team members train together.

Alternative provision of policing functions by prescribed entity

4. A police service board or the Commissioner may, subject to the requirements of section 14 of the Act, provide any of the following policing functions in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with Criminal Intelligence Service Ontario to have it provide the policing function in the area:

1. Crime analysis.

2. A criminal intelligence process.

Provision of policing functions

5. (1) This Regulation shall not be read as limiting the ability of a police service to assist another police service in the provision of policing functions as may be needed from time to time.

(2) The inclusion of a function as a policing function in this Regulation shall not be read as suggesting that the function may be provided only by a police service or otherwise under the Act.

Commencement

6. This Regulation comes into force on the later of the day subsection 14 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force and the day this Regulation is filed.

 

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