O. Reg. 396/23: MATTERS RESPECTING THE APPOINTMENT AND FUNCTIONS OF SPECIAL CONSTABLES AND THE AUTHORIZATION OF SPECIAL CONSTABLE EMPLOYERS

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ontario regulation 396/23

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

Matters respecting the appointment and functions of special constables and the authorization of special constable employers

CONTENTS

 

Interpretation

Interpretation

1. (1) In this Regulation,

“conducted energy weapon” means 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 impulsions”)

“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), with the exception of a conducted energy weapon; (“arme à feu”)

“specialized investigation” means an investigation into any of the following:

1. Major cases within the meaning of Ontario Regulation 394/23 (Major Case Management and Approved Software Requirements) made under the Act.

2. A criminal organization offence, as defined in section 2 of the Criminal Code (Canada).

3. A terrorism offence, as defined in section 2 of the Criminal Code (Canada).

4. Any incident resulting in the death of a person. (“enquête spécialisée”)

(2) For the purposes of this Regulation, in addition to land and structures, a reference to a premises may include,

(a) water;

(b) ships and vessels;

(c) trailers and portable structures designed or used for residence, business or shelter; or

(d) trains, railway cars, vehicles and aircraft, whether or not in operation.

(3) For the purposes of this Regulation, an action may be taken under the direction of a police officer or a First Nation Officer even if the direction is provided remotely, whether orally or in writing.

Certificates of Appointment, Weapons and Equipment

Obligation of issuer of certificate of appointment

2. Where a police service board or the Commissioner specifies in a certificate of appointment a purpose that contemplates a person acting as a special constable in relation to a particular premises, the board or the Commissioner shall specify whether the person is authorized to act as a special constable in relation to matters that originate in that premises and continue outside of that premises.

Certificate of appointment, purposes and powers

3. For the purposes of clauses 92 (7) (c) and (d) of the Act, the certificate of appointment of a type of special constable described in Column 1 of the Schedule to this Regulation may specify,

(a) any of the purposes for which a person may act as a special constable that are set out opposite in Column 2 of the Schedule; and

(b) any powers of a police officer under a statute listed or described opposite in Column 3 of the Schedule, subject to any conditions or restrictions set out in Column 3.

Permitted weapons

4. (1) Subject to subsection (3), a special constable may only carry or use a weapon as permitted by subsection (2) and provided that, pursuant to clause 95 (6) (a) of the Act, the special constable’s certificate of appointment authorizes the special constable to carry or use the weapon.

(2) A special constable of a type described in Column 1 of the Schedule to this Regulation may carry or use a weapon listed opposite in Column 4 of the Schedule, subject to any conditions or restrictions set out in Column 4.

(3) The restrictions set out in this section do not apply to the possession or use of a weapon by a special constable who is authorized under a law of Canada to provide policing in Ontario and to possess or use the weapon in the course of his or her duties.

Prohibition on motor vehicle pursuits

5. (1) Subject to subsection (2), a special constable may not, by means of a motor vehicle, pursue a fleeing motor vehicle.

(2) Subsection (1) does not apply to a special constable who,

(a) is an officer within the meaning of the Royal Canadian Mounted Police Act (Canada); or

(b) is employed by the Niagara Parks Commission.

Patrol vehicles

6. The Niagara Parks Commission and any special constable employer that employs special constables of a type referred to in Column 1 of item 5 of the Schedule to this Regulation shall ensure that any patrol vehicle used by their special constables meets the following specifications:

1. In the case of a patrol vehicle used by special constables whose special constable employer is the Niagara Parks Commission, it must have inscribed on it, on each side, “Niagara Parks Commission”, “NIAGARA PARKS COMMISSION”, “Niagara Parks Police Service” or “NIAGARA PARKS POLICE SERVICE”.

2. In the case of a patrol vehicle used by special constables of a type referred to in Column 1 of item 5 of the Schedule to this Regulation, it must have inscribed on it,

i. the name of the special constable employer on each side, and

ii. the words “Special Constable” or “SPECIAL CONSTABLE” on each side, the hood and the trunk.

3. The words required to be inscribed on the vehicle under paragraph 2 or 3 must be inscribed with a reflective material.

Special Constable Employer Applications

Requirements to be a special constable employer

7. For the purposes of subsection 97 (3) of the Act, the following are prescribed as requirements that an applicant must meet to be issued an authorization to employ special constables:

1. The applicant must be one of the following:

i. A Ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof.

ii. A municipality.

iii. A local board as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006.

iv. A municipally-controlled corporation as defined in section 223.1 of the Municipal Act, 2001.

v. A city-controlled corporation as defined in section 156 of the City of Toronto Act, 2006.

vi. A university.

vii. An entity that employs police officers or peace officers in another jurisdiction.

viii. An entity that employs First Nation Officers.

2. If the applicant would be a special constable employer mentioned in Column 1 of item 2, 3 or 5 of the Schedule to this Regulation if the authorization were issued, the applicant must have the following in place:

i. A records management system that provides for the storage, retrieval, retention, manipulation and archiving of information pertaining to the activities of special constables performed for the applicant.

ii. Procedures governing the performance of the duties of special constables employed by the applicant.

iii. Procedures for obtaining assistance in an emergency from police services that provide policing in any area where the special constables are likely to act as special constables, that must have been approved by the relevant chiefs of police.

3. If an applicant would be a special constable employer referred to in Column 1 of item 3 or 5 of the Schedule to this Regulation if the authorization were issued, the applicant must have entered into the following agreements with whoever is expected to appoint the applicant’s special constables, that being either the relevant police service board or the Commissioner:

i. An agreement as to any terms or conditions that are expected to be imposed on a special constable’s certificate of appointment regarding the types of incidents the special constables may respond to and any investigations they may undertake.

ii. An agreement respecting reporting by the special constable employer to the board or Commissioner, as the case may be, regarding the types of incidents that the special constables respond to and the types of investigations they undertake.

4. An applicant, other than an entity that employs First Nation Officers, must have in place procedures respecting reporting to chiefs of police for areas where special constables are likely to act as special constables regarding reporting to the chiefs of police any incidents responded to and investigations undertaken by the special constables.

5. The applicant must have commercial general liability insurance of a minimum amount of five million dollars and must name the Crown in right of Ontario as an additional insured, unless the applicant is a ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof.

Information to be included in application

8. For the purposes of subsection 97 (2) of the Act, the following information shall be included in an application for an authorization to employ special constables:

1. The applicant’s name.

2. An indication of which special constable employer the applicant would be if the authorization were issued, from among those referred to in Column 1 of the Schedule to this Regulation, as well as,

i. the purposes for which a person may act as a special constable and the powers of a police officer that may be exercised by a special constable that the applicant wishes to see specified in certificates of appointment issued to persons employed by the applicant, and

ii. in the case of an applicant that would be a special constable employer referred to in Column 1 of item 2 of the Schedule to this Regulation, the provincial statutes that a person appointed as a special constable and employed by the applicant would be authorized to enforce in the course of their employment with the applicant.

3. A detailed description of the reasons for which the applicant requires the use of special constables in relation to its mandate, unless,

i. the applicant would be a special constable employer mentioned in Column 1 of item 1, 3 or 4 of the Schedule to this Regulation if the authorization were issued, or

ii. the applicant employed special constables immediately before the day on which subsection 97 (1) of the Act came into force.

4. If the special constables that would be employed by the applicant would be acting as special constables in areas that are not contiguous, the arrangements that the applicant intends to put in place to support the activities of the special constables in such circumstances.

5. The total number of special constables that the applicant intends to employ.

6. Any information required to demonstrate that the applicant meets the requirements set out in section 7.

Factors to be considered

9. For the purposes of subsection 97 (4) of the Act, the following are prescribed as the factors that the Minister shall take into consideration in considering whether to issue an authorization to an applicant that meets the requirements set out in section 7:

1. Whether the description referred to in paragraph 3 of section 8 demonstrates a need for special constables, given any alternatives that may be available to the applicant.

2. Whether the arrangements referred to in paragraph 4 of section 8 are sufficient.

Commencement

Commencement

10. Except as otherwise provided in this section, this Regulation comes into force on the later of the day subsection 92 (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.

Schedule
Purposes and powers for Certificates of Appointment
and Permitted weapons

1. (1) Despite anything in this Schedule, special constables described in items 1 and 5 shall not use powers granted under the Mental Health Act to apprehend an individual.

(2) For greater certainty, special constables described in items 1 and 5 may use powers granted under the Mental Health Act to assume custody of an individual who has been apprehended by a police officer or a First Nation Officer under that Act.

 

Item	Column 1 Type of special constable	Column 2 Purposes for which a person may act as a special constable	Column 3 Acts setting out powers of a police officer and applicable conditions or restrictions	Column 4 Permitted weapons and applicable conditions or restrictions
1.	Special constables who are members of a police service or whose special constable employer is an entity that employs First Nation Officers	1. Providing security in relation to premises that, i. are used for court proceedings, ii. are used by a police service, the Government of Ontario, a municipal government or a band council, or iii. the police service of which the special constable is a member has undertaken to patrol or maintain security on a time-limited basis due to a special event. 2. Assisting police officers or First Nation Officers with performing policing functions, such as assisting with investigations into criminal offences or missing persons. 3. For the purposes of paragraph 2, assisting with investigations may include, i. interviewing members of the public regarding alleged offences or missing persons, ii. detaining, arresting or releasing individuals while acting under the direction of a police officer or First Nation Officer, iii. securing or preserving evidence under the direction of a police officer or First Nation Officer, iv. seizing or storing evidence under the direction of a police officer or First Nation Officer, v. securing crime scenes, vi. collecting DNA evidence or extracting DNA from an individual as required as part of an investigation, vii. fingerprinting individuals brought into police custody in connection with an investigation, viii. performing electronic searches or seizures under the direction of a police officer or First Nation Officer, ix. performing forensic analysis or using specialized technology or scientific techniques required as part of an investigation, x. storing or processing evidence under the direction of a police officer or First Nation Officer, xi. covertly entering a place and installing, testing, repairing or removing devices used to intercept private communications or conduct video surveillance in accordance with an authorization as defined in section 183 of the Criminal Code (Canada) while under the direction of a police officer or First Nation Officer, and xii. monitoring private communications intercepted under s. 184.4 of the Criminal Code (Canada) or video surveillance authorized under s. 487.01 of the Criminal Code (Canada) while under the direction of a police officer or First Nation Officer. 4. Preparing and serving summonses or other legal documents. 5. Executing warrants or other court orders. 6. Laying charges while acting under the direction of a police officer or First Nation Officer. 7. Swearing informations. 8. Searching, ensuring secure custody of and transporting individuals who are in custody. 9. Directing traffic. 10. Providing witness protection.	The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 1, 2, 3, 6 or 10 in Column 2 of item 1: 1. The Cannabis Control Act, 2017. 2. The Compulsory Automobile Insurance Act. 3. The Courts of Justice Act. 4. The Highway Traffic Act. 5. The Liquor Licence and Control Act, 2019. 6. The Mental Health Act. 7. The Motorized Snow Vehicles Act. 8. The Off-Road Vehicles Act. 9. The Provincial Animal Welfare Services Act, 2019. 10. The Provincial Offences Act. 11. The Safe Streets Act, 1999. 12. The Smoke-Free Ontario Act, 2017. 13. The Trespass to Property Act. 14. The Youth Criminal Justice Act (Canada). The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 4, 5 or 7 in Column 2 of item 1: 1. The Courts of Justice Act. 2. The Provincial Offences Act. The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies the purpose set out in paragraph 8 in Column 2 of item 1: 1. The Courts of Justice Act. 2. The Mental Health Act. 3. The Provincial Offences Act. The powers of a police officer under the following Act may be specified in a certificate of appointment if the certificate of appointment specifies the purpose set out in paragraph 9 in Column 2 of item 1: 1. The Highway Traffic Act.	1. Oleoresin capsicum spray. 2. Oleoresin capsicum foam. 3. A baton.
2.	Special constables whose special constable employer is a ministry, commission, board or other administrative unit of the Government of Ontario, including any agency thereof, other than the Niagara Parks Commission or Metrolinx	1. Exercising the powers of a peace officer under the Criminal Code (Canada) and other federal statutes in relation to the performance of the person’s duties in enforcing a provincial statute that the person is authorized to enforce in the course of their employment with the special constable employer.	None	The following weapons may only be used if the special constable is already authorized to carry or use the weapon for the purpose of performing the special constable’s duties in enforcing a provincial statute in the course of their employment with the special constable employer: 1. Oleoresin capsicum spray. 2. Oleoresin capsicum foam. 3. A baton.
3.	Special constables whose special constable employer is the Niagara Parks Commission	1. Performing policing functions, other than conducting specialized investigations, i. in relation to the Parks, as defined in section 1 of the Niagara Parks Act, or ii. in response to events encountered while performing policing functions in relation to the Parks.	1. Any Act of the Legislature. 2. The Youth Criminal Justice Act (Canada).	1. A firearm. 2. A conducted energy weapon. 3. Oleoresin capsicum spray. 4. Oleoresin capsicum foam. 5. A baton.
4.	Special constables whose special constable employer employs police officers pursuant to the law of another jurisdiction	1. Performing policing functions in any specified area of Ontario or throughout Ontario.	1. Any Act of the Legislature.	1. A firearm. 2. A conducted energy weapon. 3. Oleoresin capsicum spray. 4. Oleoresin capsicum foam. 5. A baton.
5.	Special constables not otherwise described in Column 1 of items 1 to 4	1. Providing security in relation to the premises of the special constable employer. 2. Assisting police officers or First Nation Officers in performing policing functions in relation to the premises of the special constable employer, including assisting with investigations into criminal offences or missing persons. 3. For the purposes of paragraph 2, assisting with investigations may include, i. interviewing members of the public regarding alleged offences or missing persons, ii. detaining, arresting or releasing individuals while acting under the direction of a police officer or First Nation Officer, iii. securing or preserving evidence under the direction of a police officer or First Nation Officer, iv. seizing or storing evidence under the direction of a police officer or First Nation Officer, v. securing crime scenes, and vi. storing or processing evidence under the direction of a police officer or First Nation Officer. 4. Preparing and serving summonses or other legal documents. 5. Executing warrants or other court orders on the premises of the special constable employer. 6. Laying charges while acting under the direction of a police officer or First Nation Officer. 7. Swearing informations. 8. Directing traffic on the premises of the special constable employer. 9. Subject to paragraph 10, performing law enforcement functions in relation to an incident on the premises of the special constable employer while not acting under the direction of a police officer or First Nation Officer. 10. A special constable performing law enforcement functions in relation to an incident in accordance with paragraph 9 shall transfer responsibility for law enforcement functions in relation to the incident to a member of the police service responsible for the area in which the incident occurred, i. promptly where a person has been arrested or detained, ii. in relation to an investigation, other than an investigation into a breach of a municipal by-law or a provincial offence that may be prosecuted under Part I of the Provincial Offences Act, after interviewing any involved persons and collecting any evidence that may be collected without a warrant, and iii. in all other circumstances, in accordance with any requirements set out in the procedures governing the performance of the duties of special constables that are established pursuant to an agreement between the special constable employer and the police service board or Commissioner, as applicable, that appointed the special constable. 11. Performing policing functions, other than law enforcement functions, that do not otherwise fall within a purpose for which the special constable may act as a special constable in relation to incidents that require a policing response and that occur on the premises of the special constable employer, until members of a police service are able to respond to the incident.	The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 1, 2, 3, 6, 9, 10 or 11 in Column 2 of item 5: 1. The Cannabis Control Act, 2017. 2. The Compulsory Automobile Insurance Act. 3. The Courts of Justice Act. 4. The Highway Traffic Act. 5. The Liquor Licence and Control Act, 2019. 6. The Mental Health Act. 7. The Motorized Snow Vehicles Act. 8. The Off-Road Vehicles Act. 9. The Provincial Animal Welfare Services Act, 2019. 10. The Provincial Offences Act. 11. The Safe Streets Act, 1999. 12. The Smoke-Free Ontario Act, 2017. 13. The Trespass to Property Act. 14. The Youth Criminal Justice Act (Canada). The powers of a police officer under the following Acts may be specified in a certificate of appointment if the certificate of appointment specifies a purpose set out in paragraph 4, 5 or 7 in Column 2 of item 1: 1. The Courts of Justice Act. 2. The Provincial Offences Act. The powers of a police officer under the following Act may be specified in a certificate of appointment if the certificate of appointment specifies the purpose set out in paragraph 8 in Column 2 of item 1: 1. The Highway Traffic Act.	1. Oleoresin capsicum spray. 2. Oleoresin capsicum foam. 3. A baton.

 

 

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