O. Reg. 371/18: GENERAL

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ontario regulation 371/18

made under the

Police Services Act

Made: April 18, 2018
Filed: May 4, 2018
Published on e-Laws: May 4, 2018
Printed in The Ontario Gazette: May 19, 2018

Amending O. Reg. 268/10

(GENERAL)

1. Part VIII of Ontario Regulation 268/10 is revoked and the following substituted:

Part VIII
Investigation of Certain Incidents by Chief of Police

Definitions

31. In this Part,

“incident” means an incident referred to in subsection 15 (1) of the Ontario Special Investigations Unit Act, 2018; (“incident”)

“SIU Director” means the Ontario Special Investigations Unit Director. (“directeur de l’UES”)

Investigation

32. (1) A chief of police shall promptly cause an investigation to be conducted into any incident involving a member or auxiliary member of the chief’s police force that becomes the subject of an investigation by the SIU Director under section 15 of the Ontario Special Investigations Unit Act, 2018.

(2) The purpose of the chief of police’s investigation is to review the policies of or services provided by the police force, and the conduct of its members and auxiliary members.

(3) The chief of police’s investigation is subject to the lead role of the SIU Director in investigating the incident.

Duty to comply

33. Members and auxiliary members of a police force shall co-operate fully in the conduct of the chief of police’s investigation.

Report

34. (1) In the case of an investigation by a chief of police of a municipal police force, the chief shall, no later than the day referred to in subsection (3), report to the board of the police force his or her findings and any action taken or recommended to be taken, and the board may make the chief’s report available to the public.

(2) In the case of investigation by the Commissioner, the Commissioner shall, no later than the day referred to in subsection (3), prepare a report of his or her findings and any action taken, and may make the report available to the public.

(3) The day referred to in subsections (1) and (2) is the day that is 30 days after the SIU Director has, in relation to the incident, either given public notice under section 34 of the Ontario Special Investigations Unit Act, 2018 or published a report under section 35 of that Act.

Transition

35. An investigation commenced under section 11 of Ontario Regulation 267/10 (Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit) before its revocation by the Ontario Special Investigations Unit Act, 2018 shall be continued under this Part, if a report into the investigation had not been prepared in accordance with that section before the revocation.

2. Subclause 2 (1) (c) (ii) of the Schedule to the Regulation is revoked and the following substituted:

(ii) fails to comply with any provision of the Ontario Special Investigations Unit Act, 2018,

(ii.1) failed to comply with any provision of Ontario Regulation 267/10 (Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit) before its revocation by the Ontario Special Investigations Unit Act, 2018,

Commencement

3. This Regulation comes into force on the later of the day section 42 of Schedule 4 to the Safer Ontario Act, 2018 comes into force and the day it is filed.

 

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