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O. Reg. 123/24: ADJUDICATION HEARINGS
filed March 25, 2024 under Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1
Skip to contentontario regulation 123/24
made under the
Community Safety and Policing Act, 2019
Made: March 21, 2024
Filed: March 25, 2024
Published on e-Laws: March 25, 2024
Published in The Ontario Gazette: April 13, 2024
Amending O. Reg. 404/23
(ADJUDICATION HEARINGS)
1. (1) The definition of “adjudication hearing” in subsection 1 (1) of Ontario Regulation 404/23 is amended by striking out “201, 202 or 210” and substituting “201, 202, 207 or 210”.
(2) The definition of “merits hearing” in subsection 1 (1) of the Regulation is amended by striking out “201, 202 or 210” and substituting “201, 202, 207 or 210”.
2. Subsection 15 (3) of the Regulation is amended by striking out “201 (9) or 202 (8)” and substituting “201 (9), 202 (8) or 207 (7)”.
3. Section 30 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
30. All parties to a merits hearing, other than the police officer whose discipline, suspension without pay or employment record is the subject of the hearing, shall submit to the adjudicator appointed to hold the hearing the following documents in accordance with Part III, IV, IV.1 or V, as applicable:
4. Subsection 32 (2) of the Regulation is revoked and the following substituted:
(2) Subsection (1) does not apply to a police officer whose discipline, suspension without pay or employment record is the subject of the hearing.
5. The Regulation is amended by adding the following Part:
PART IV.1
EXPUNGEMENT OF EMPLOYMENT RECORDS
Application of Part
59.1 This Part applies in respect of an adjudication hearing held under section 207 of the Act.
Manner of proceedings
59.2 (1) Subject to subsections (3) and (4), the merits hearing shall be held in writing.
(2) If a pre-hearing conference is held, it shall be held electronically.
(3) Subject to subsection (4), if the adjudicator has granted leave to hear live witness testimony during the merits hearing, the hearing or the portion of the hearing during which the live testimony will be heard, as specified by the adjudicator, shall be held in person.
(4) The adjudicator may order that the merits hearing or any proceedings relating to the hearing be held either in person or electronically if the order is necessary to accommodate an individual in accordance with the Human Rights Code.
Applicant’s materials
59.3 (1) A chief of police, police service board or Minister who applies to the Commission Chair to appoint an adjudicator to hold a merits hearing shall include the following in the application:
1. A description of the record they are seeking to retain for longer than two years or five years, as applicable.
2. The date on which the record would be required to be expunged if the adjudicator does not order an extension.
(2) The chief of police, police service board or Minister shall submit to the adjudicator,
(a) no later than 15 days following the day on which an adjudicator is appointed by the Commission Chair,
(i) a description of the disciplinary record at issue, and
(ii) a description of the grounds on which the record should be retained for longer than two years or five years, as applicable, as a result of extenuating circumstances; and
(b) no later than 60 days following the day on which an adjudicator is appointed by the Commission Chair,
(i) a copy of the record they are seeking to retain for longer than two years or five years, as applicable,
(ii) a description of the extenuating circumstances referred to in subsection 207 (4) of the Act,
(iii) any documents the chief of police, police service board or Minister, as applicable, believes the adjudicator requires to make a decision, and
(iv) all documents required under section 30.
Responding materials
59.4 The police officer to whom the record relates shall submit to the adjudicator,
(a) no later than 120 days following the day on which an adjudicator is appointed by the Commission Chair, all documents required under section 30; and
(b) no later than 180 days following the day on which an adjudicator is appointed by the Commission Chair, any updates to information submitted previously, including any new documents that the police officer intends to rely on at the hearing.
Pre-hearing conference
59.5 At any point before the merits hearing commences, the adjudicator may order that a pre-hearing conference be held.
Merits hearing
59.6 No party shall introduce evidence at a merits hearing unless the adjudicator appointed to hold the merits hearing determines it is necessary to do so.
Commencement
6. This Regulation comes into force on the later of the day section 214 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.