O. Reg. 532/22: EQUIPMENT AND USE OF FORCE
filed November 25, 2022 under Police Services Act, R.S.O. 1990, c. P.15
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made under the
Police Services Act
Made: November 24, 2022
Filed: November 25, 2022
Published on e-Laws: November 25, 2022
Printed in The Ontario Gazette: December 10, 2022
Amending Reg. 926 of R.R.O. 1990
(EQUIPMENT AND USE OF FORCE)
1. Section 2 of Regulation 926 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:
“less lethal projectile” means a projectile designed to be discharged from a firearm that is less likely to cause death or serious injury than conventional ammunition and includes projectiles that contain a gas; (“projectile à effet moins létal”)
2. Section 14.5 of the Regulation is revoked and the following substituted:
Use of Force Reporting
14.5 (1) Subject to sections 14.6 and 14.7, a member of a police force shall submit a report to the chief of police whenever the member,
(a) draws a handgun in the presence of a member of the public;
(b) points a firearm at a person;
(c) discharges a firearm;
(d) uses a weapon on another person;
(e) draws and displays a conducted energy weapon to a person with the intention of achieving compliance;
(f) points a conducted energy weapon at a person;
(g) discharges a conducted energy weapon; or
(h) uses force on another person, including through the use of a horse or a dog, that results in an injury requiring the services of a physician, nurse or paramedic and the member is aware that the injury required such services before the member goes off-duty.
(2) Despite clause (1) (a), a report is not required to be submitted if the handgun is drawn,
(a) while loading, unloading or storing the handgun;
(b) while surrendering the handgun or removing the handgun when entering a place where it must be removed;
(c) for the purposes of training, practice, a competition or a demonstration; or
(d) for the purposes of repair, maintenance, testing or inspection of the handgun.
(3) For greater certainty, clause (1) (a) does not apply if the handgun is drawn only in the presence of members of the police force who are on duty.
(4) Despite clause (1) (b), a report is not required to be submitted if the firearm is pointed at a person for the purposes of training or practice.
(5) Despite clause (1) (c), a report is not required to be submitted if the firearm is discharged,
(a) while loading, unloading or storing the firearm;
(b) while surrendering the firearm or removing the firearm when entering a place where it must be removed;
(c) for the purposes of training, practice, a competition or a demonstration; or
(d) for the purposes of repair, maintenance, testing or inspection of the firearm.
(6) Despite clause (1) (d), a report is not required to be submitted if the weapon,
(a) is used for the purposes of training, practice, a competition or a demonstration;
(b) is used for the purposes of testing the weapon; or
(c) is a horse or a dog used as a weapon.
(7) Despite clause (1) (f), a report is not required to be submitted if the conducted energy weapon is pointed for the purposes of training, practice, a competition or a demonstration.
(8) Despite clause (1) (g), a report is not required to be submitted if the conducted energy weapon is discharged,
(a) while loading, unloading or storing the weapon;
(b) while surrendering the weapon or removing the weapon when entering a place where it must be removed;
(c) for the purposes of training, practice, a competition or a demonstration; or
(d) for the purposes of repair, maintenance, testing or inspection of the weapon.
(9) Despite clause (1) (h), a report is not required to be submitted if the force is used for the purposes of training, practice, a competition or a demonstration.
(10) The report shall be in the form entitled “Use of Force Report”, dated November 2022, that is available on the website of the Government of Ontario Central Forms Repository.
Team Reporting
14.6 (1) The supervisor of a containment team, tactical unit or hostage rescue team, or an officer designated by the supervisor, may submit a report under subsection 14.5 (1) on behalf of the unit or team members if, during an operational deployment of the unit’s or team’s emergency response functions, and acting under the command of the supervisor, one or more members do any of the following:
1. A member draws a handgun in the presence of a member of the public.
2. A member points a firearm at a person.
3. A member draws and displays a conducted energy weapon to a person with the intention of achieving compliance.
4. A member points a conducted energy weapon at a person.
(2) If a member of a containment team, tactical unit or hostage rescue team has taken an action in relation to which a report must be completed under subsection 14.5 (1) other than an action set out in paragraphs 1 to 4 of subsection (1) of this section,
(a) the officer must personally complete a report under subsection 14.5 (1); and
(b) a supervisor or officer designated by the supervisor may submit a report under subsection 14.5 (1) on behalf of all the remaining officers.
(3) For greater certainty, a member of a containment team, tactical unit or hostage rescue team must personally complete a report under subsection 14.5 (1), and a supervisor or officer designated by the supervisor shall not complete the report on behalf of the unit or team, except in the circumstances set out in subsection (1) or (2) of this section.
(4) A supervisor of a public order unit, or an officer designated by the supervisor, may submit a report under subsection 14.5 (1) on behalf of the unit members, or members of a sub-unit within the public order unit, if, during an operational deployment of the unit’s or sub-unit’s public order maintenance functions, and acting under the command of the supervisor, one or more members do any of the following:
1. A member applies force resulting in injury requiring the services of a physician, nurse or paramedic while the unit or sub-unit members are acting as a unit or sub-unit, as the case may be.
2. A member points a firearm deployed with less lethal projectiles at a person.
3. A member discharges a firearm deployed with less lethal projectiles at a person.
4. A member draws and displays a conducted energy weapon to a person with the intention of achieving compliance.
5. A member points a conducted energy weapon at a person.
(5) If during an operational deployment of the unit or sub-unit’s public order maintenance functions a member of the unit has taken an action in relation to which a report must be completed under subsection 14.5 (1) other than an action set out in paragraphs 1 to 5 of subsection (4) of this section,
(a) the officer must personally complete a report under subsection 14.5 (1); and
(b) a supervisor or officer designated by the supervisor may submit a report under subsection 14.5 (1) on behalf of all the remaining officers.
(6) For greater certainty, a member of a public order unit must personally complete a report under subsection 14.5 (1), and a supervisor or officer designated by the supervisor shall not complete the report on behalf of the unit members, or members of a sub-unit within the public order unit, except in the circumstances set out in subsection (4) or (5) of this section.
14.7 (1) Subject to subsection (2), if any two or more officers are acting in co-ordination in response to a single event, and if during their response two or more officers do any of the following, one of the officers who has taken one of the following actions, as designated by their supervisor, may submit a report under subsection 14.5 (1) on behalf of all of the officers:
1. An officer draws a handgun in the presence of a member of the public.
2. An officer points a firearm at a person.
3. An officer draws and displays a conducted energy weapon to a person with the intention of achieving compliance.
4. An officer points a conducted energy weapon at a person.
(2) If an officer referred to in subsection (1) has taken an action in relation to which a report must be completed under subsection 14.5 (1) other than an action set out in paragraphs 1 to 4 of subsection (1) of this section,
(a) the officer must personally complete a report under subsection 14.5 (1); and
(b) an officer designated by the supervisor from among the remaining officers may submit a report under subsection 14.5 (1) on behalf of all the remaining officers.
(3) For greater certainty, two or more officers who are acting in co-ordination in response to a single event must each personally complete a report under subsection 14.5 (1), and one officer shall not complete the report on behalf of all the officers, except in the circumstances set out in this section.
Report-Related Requirements
14.8 (1) The chief of police shall ensure that Part B of a report submitted under subsection 14.5 (1) is destroyed not later than 30 days after the report is submitted under that subsection.
(2) Despite subsection (1), Part B of the reports submitted under subsection 14.5 (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.
(3) The additional period specified under subsection (2) shall not extend past the second anniversary of the date the report is submitted.
(4) A report submitted under subsection 14.5 (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 section 14.5, 14.6 or 14.7 of this Regulation.
(5) A chief of police shall review their procedures on use of force and on the training courses provided under section 14.3 annually, having regard to an analysis of the data from the reports submitted under subsection 14.5 (1).
(6) The chief of police shall submit an annual report to the police services board, or to the Solicitor General in the case of the Commissioner, analyzing the data from the reports submitted under subsection 14.5 (1) regarding use of force by members of the police force and identifying any trends.
(7) The police services board or the Solicitor General shall publish the annual report submitted under subsection (6) on the Internet.
(8) The Solicitor General may require a chief of police to deliver or make available to the Solicitor General information from a report submitted under subsection 14.5 (1) within the time specified by the Solicitor General.
Commencement
3. This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.