ontario regulation 450/24

made under the

Community Safety and Policing Act, 2019

Made: November 5, 2024
Filed: November 7, 2024
Published on e-Laws: November 7, 2024
Published in The Ontario Gazette: November 23, 2024

Amending O. Reg. 87/24

(TRAINING)

1. (1) The definition of “special constable (Niagara Parks)” in subsection 1 (1) of Ontario Regulation 87/24 is revoked.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Niagara Parks constable” means a special constable whose special constable employer is the Niagara Parks Commission; (“constable des parcs du Niagara”)

2. The Regulation is amended by striking out “special constable (Niagara Parks)” wherever it appears and substituting in each case “Niagara Parks constable”.

3. (1) Section 10 of the Regulation is amended by adding the following subsection:

(1.1) An individual who is to be appointed as a special constable of a type set out in Column 1 of item 1, 2, 3 or 5 of the Table to this section is exempt from the requirement to have successfully completed the training mentioned in subsection (1) if the individual meets the following criteria:

1. The individual was previously appointed as a police officer, First Nation Officer or Niagara Parks constable.

2. The individual has not ceased to be appointed as a police officer, First Nation Officer or Niagara Parks constable for more than two years.

3. If the individual is to be appointed as a special constable of a type set out in Column 1 of item 3 of the Table to this section, the individual has successfully completed, within 12 months before being newly appointed, the course entitled “Use of Force Requalification”, delivered by a certified trainer in respect of the course.

4. If the individual is to be appointed as a special constable of a type set out in Column 1 of item 1, 2 or 5 of the Table to this section, the individual has successfully completed, within 12 months before being newly appointed, the course entitled “Use of Force Requalification” or “Use of Force Requalification (Special Constables)”, delivered by a certified trainer in respect of the course.

(2) Subsection 10 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) An individual who is to be appointed as a special constable of a type set out in Column 1 of item 3 of the Table to this section is exempt from the requirement to successfully complete the training mentioned in subsection (1) if the individual has met the following criteria:

. . . . .

(3) Section 10 of the Regulation is amended by adding the following subsection:

(2.1) An individual to whom subsection (1.1) or (2) applies whose appointment or reappointment as a result of an exemption under one of those subsections subsequently ceases is exempt from the requirement to successfully complete the training mentioned in subsection (1) for the purposes of being reappointed one or more times as a special constable of any type.

(4) Subsection 10 (5) of the Regulation is revoked and the following substituted:

(5) A special constable whose appointment is continued under subsection 92 (12) of the Act is exempt from the requirement to complete the training mentioned in subsection (1) of this section for such period of time as that appointment continues.

(6) An individual whose appointment as a special constable of a type set out in Column 1 of the Table to this section ceased before April 1, 2024 is exempt from the requirement to successfully complete the training mentioned in subsection (1) for the purposes of being reappointed as a special constable with purposes and powers, as set out in their most recent certificate of appointment, that are substantially the same, if the reappointment occurs no later than one year following the day on which the previous appointment ceased.

(7) An individual who is to be appointed as a special constable of a type set out in Column 1 of item 1, 2 or 5 of the Table to this section is exempt from the requirement to have successfully completed the training mentioned in subsection (1) if the individual has successfully completed training on or after April 1, 2024 and before April 1, 2025 that satisfies the following criteria:

1. The training is, in the opinion of the individual’s special constable employer or chief of police, as applicable, substantially equivalent to the training that was most recently provided before April 1, 2024 to individuals for the purpose of those individuals being appointed as special constables with purposes and powers, as set out in their certificates of appointment, that are substantially the same as those that would be granted to the individual in their certificate of appointment.

2. The training is delivered by a police service, an entity that employs special constables or another provider that delivered the training described in paragraph 1 most recently before April 1, 2024.

(8) An individual to whom subsection (3), (5), (6) or (7) applies is exempt from the requirement to successfully complete the training mentioned in subsection (1) for the purposes of being reappointed one or more times as a special constable with purposes and powers, as set out in their most recent certificate of appointment, that are substantially the same, if the reappointment occurs no later than one year following the day on which the most recent appointment, continued appointment or reappointment, as the case may be, ceased.

(5) Item 2 of the Table to section 10 of the Regulation is amended by adding “or a college of applied arts and technology established by regulation under subsection 2 (1) of the Ontario Colleges of Applied Arts and Technology Act, 2002” at the end of Column 1.

4. Paragraph 1 of subsection 15 (4) of the Regulation is revoked and the following substituted:

1. The special constable shall successfully complete the training required under section 10 with respect to special constables of the type set out in Column 1 of item 1 of the Table to section 10.

Commencement

5. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le solliciteur général,

Michael Kerzner

Solicitor General

Date made: November 5, 2024
Pris le : 5 novembre 2024