Interprovincial Policing Act, 2009, S.O. 2009, c. 30

Interprovincial Policing Act, 2009

S.o. 2009, chapter 30

Historical version for the period July 5, 2010 to March 7, 2018.

No Amendments.

CONTENTS

PART I
Interpretation

Definitions

1. In this Act,

“appointee” means an extra-provincial police officer appointed as a police officer in Ontario under Part II or III; (“agent nommé”)

“appointing official” means a person designated under section 34; (“agent de nomination”)

“chief of police”, except in the definition of “extra-provincial commander”, means a chief of police as defined in the Police Services Act; (“chef de police”)

“detachment” means an Ontario Provincial Police detachment; (“détachement”)

“extra-provincial commander” means,

(a) the commanding officer, director general or commissioner of the provincial police force of another province, or his or her designate, and

(b) the chief of police of a municipal, regional or other police force in another province or a territory, or his or her designate; (“commandant extraprovincial”)

“extra-provincial police officer” means a police officer appointed or employed under the law of another province or a territory, but does not include a member of the Royal Canadian Mounted Police; (“agent de police extraprovincial”)

“local commander” means the chief of police of an Ontario police force or a commander of a detachment, or his or her designate; (“commandant local”)

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“Ontario police force” means a police force as defined in the Police Services Act; (“corps de police de l’Ontario”)

“Ontario police officer” means a police officer as defined in the Police Services Act who is an employee of an Ontario police force; (“agent de police de l’Ontario”)

“prescribed” means prescribed by regulation made under this Act. (“prescrit”)  2009, c. 30, s. 1.

Non-application of interpretation rules re time limits and holidays or regular business hours

2. Subsections 89 (1) and (2) of the Legislation Act, 2006 do not apply to this Act.  2009, c. 30, s. 2.

PART II
STANDARD APPOINTMENT PROCEDURE

Role of Appointing Official

Appointing official to make appointment

3. (1) An appointing official may appoint an extra-provincial police officer as a police officer in Ontario for a period of not more than three years in accordance with this Part.  2009, c. 30, s. 3 (1).

Further appointments

(2) An extra-provincial police officer may be appointed for further periods, which may or may not be consecutive, of not more than three years each in the same way as a first appointment is made under this Part.  2009, c. 30, s. 3 (2).

Request

Request for appointment

4. (1) An extra-provincial commander may request that a police officer under his or her command be appointed under this Part as a police officer in Ontario so that the officer has the powers and protections of a police officer while performing police duties in Ontario.  2009, c. 30, s. 4 (1).

Request to appointing official

(2) The request must be made in writing to an appointing official using a form approved by the Minister.  2009, c. 30, s. 4 (2).

Content of request

(3) The request must include the following information:

1. The name, rank and badge number of the officer to be appointed.

2. The duration of the requested appointment.

3. The names and telephone numbers of the extra-provincial commander and the immediate supervisor of the officer to be appointed.

4. A general description of the officer’s duties in Ontario.

5. Where the officer is expected to perform those duties.

6. An assessment of the risks associated with the officer’s duties, including the possibility of firearms being used.

7. Whether the duties might require a designation to be made under section 25.1 of the Criminal Code (Canada).

8. Any other information that may be prescribed.  2009, c. 30, s. 4 (3).

Additional information

5. The appointing official may communicate with the extra-provincial commander to obtain any additional information about the request that he or she considers necessary.  2009, c. 30, s. 5.

Review with affected police forces

6. (1) Before deciding whether to make the requested appointment, the appointing official shall review the request with the local commander of any police force or detachment that the appointing official believes will be primarily affected if the appointment is made.  2009, c. 30, s. 6 (1).

Same

(2) The appointing official may also review the request, before deciding whether to make the requested appointment, with the local commander of any other police force or detachment that the appointing official believes will or might be affected if the appointment is made.  2009, c. 30, s. 6 (2).

Exception

(3) This section does not apply if the appointing official is of the opinion that an operation or investigation could be compromised by reviewing the request with the local commander of a police force or detachment.  2009, c. 30, s. 6 (3).

Appointment

Timing of decision

7. Within seven calendar days after receiving a request, the appointing official shall either make the requested appointment or advise the extra-provincial commander that the request has been denied.  2009, c. 30, s. 7.

Appointment

8. (1) The appointing official may make the requested appointment if he or she is of the opinion that it is appropriate in the circumstances for the extra-provincial police officer to be appointed as a police officer in Ontario.  2009, c. 30, s. 8 (1).

Appointment denied

(2) The appointing official shall deny the requested appointment,

(a) if the Commission, as defined in the Police Services Act, has directed under subsection 25 (4.2) of that Act that the extra-provincial police officer,

(i) never be appointed again under this Act, or

(ii) not be appointed again under this Act for a specified period and, if the requested appointment is made, it would be effective during that period; or

(b) in prescribed circumstances.  2009, c. 30, s. 8 (2).

Duration of appointment

(3) The duration or expiry date of the appointment must be set out on the appointment form.  2009, c. 30, s. 8 (3).

Conditions on appointment

(4) The appointing official shall impose conditions on the appointment as may be required by the regulations and may impose any other conditions on the appointment that may be prescribed or that he or she considers appropriate, and the imposed conditions must be set out on the appointment form.  2009, c. 30, s. 8 (4).

Providing appointment form

9. As soon as reasonably possible, but no later than five calendar days after making the appointment, the appointing official shall provide a copy of the appointment form to the appointee and the appointee’s extra-provincial commander.  2009, c. 30, s. 9.

When appointment effective

10. The appointment is effective on the effective date set out on the appointment form.  2009, c. 30, s. 10.

PART III
APPOINTMENT procedure IN urgent circumstances

Role of Local Commander

Local commander to make appointment

11. A local commander may appoint an extra-provincial police officer as a police officer in Ontario for a period of not more than 72 hours in accordance with this Part.  2009, c. 30, s. 11.

Request

Request for appointment

12. (1) An extra-provincial commander may request that a police officer under his or her command be appointed under this Part as a police officer in Ontario so that the officer has the powers and protections of a police officer while performing police duties in Ontario if the extra-provincial commander is of the opinion that the operation or investigation in which the officer is participating could be compromised by the delay that would result if the extra-provincial commander were required to request the appointment under Part II.  2009, c. 30, s. 12 (1).

Request to police force or detachment

(2) The request must be made to the local commander of the police force or detachment that provides police services in the area where the operation or investigation is expected primarily to be conducted.  2009, c. 30, s. 12 (2).

Form of request

(3) The request may be made orally or in writing.  2009, c. 30, s. 12 (3).

Content of request

(4) The request must include the following:

1. The information required by paragraphs 1 to 7 of subsection 4 (3).

2. Any other information that may be prescribed.

3. An explanation of how the operation or investigation could be compromised if the extra-provincial commander were required to request the appointment under Part II.  2009, c. 30, s. 12 (4).

Additional information

13. The local commander may communicate with the extra-provincial commander, the extra-provincial police officer’s immediate supervisor and the extra-provincial police officer to obtain any additional information about the request that he or she considers necessary.  2009, c. 30, s. 13.

Appointment

Timing of decision

14. As soon as reasonably possible after receiving a request, the local commander shall either make the requested appointment or advise the extra-provincial commander that the request has been denied.  2009, c. 30, s. 14.

Appointment

15. (1) The local commander may make the requested appointment if he or she is of the opinion that,

(a) it is appropriate in the circumstances for the extra-provincial police officer to be appointed as a police officer in Ontario; and

(b) the operation or investigation could be compromised by the delay that would result if the extra-provincial commander were required to request the appointment under Part II.  2009, c. 30, s. 15 (1).

Appointment denied

(2) The local commander shall deny the requested appointment,

(a) if the Commission, as defined in the Police Services Act, has directed under subsection 25 (4.2) of that Act that the extra-provincial police officer,

(i) never be appointed again under this Act, or

(ii) not be appointed again under this Act for a specified period and, if the requested appointment is made, it would be effective during that period; or

(b) in prescribed circumstances.  2009, c. 30, s. 15 (2).

Duration of appointment

(3) The duration of the appointment must be set out on the appointment form.  2009, c. 30, s. 15 (3).

Conditions on appointment

(4) The local commander shall impose conditions on the appointment as may be required by the regulations and may impose any other conditions on the appointment that may be prescribed or that he or she considers appropriate, and the imposed conditions must be set out on the appointment form.  2009, c. 30, s. 15 (4).

Providing appointment form

16. As soon as reasonably possible after making the appointment, the local commander shall provide a copy of the appointment form to the appointee and the appointee’s extra-provincial commander.  2009, c. 30, s. 16.

When appointment effective

17. The appointment is effective on the effective date and time set out on the appointment form.  2009, c. 30, s. 17.

Notice to appointing official

18. (1) As soon as reasonably possible, but no later than three calendar days after making the appointment, the local commander shall provide an appointing official with a copy of the appointment form and all the information provided to the local commander in support of the request for the appointment.  2009, c. 30, s. 18 (1).

Same

(2) If the local commander denies a request to make an appointment, he or she shall, as soon as reasonably possible after notifying the extra-provincial commander of the denial, provide an appointing official with notice that the request was made and denied, with all the information provided to the local commander in support of the request for the appointment and the reasons for denying it.  2009, c. 30, s. 18 (2).

Renewing Appointment

Renewing appointment

19. (1) At the request of the extra-provincial commander, the local commander may renew an appointment made under this Part for a period of not more than 72 hours if,

(a) a request for an appointment under Part II has been made on the appointee’s behalf; and

(b) the requested appointment has not yet been made or denied.  2009, c. 30, s. 19 (1).

Applicable provisions

(2) Sections 12 to 18 apply with necessary modifications to the renewal of an appointment made under this Part.  2009, c. 30, s. 19 (2).

Further extensions

(3) An appointment made under this Part may be renewed more than once, as long as the conditions in subsection (1) are satisfied.  2009, c. 30, s. 19 (3).

PART IV
APPOINTEE’S DUTIES AND STATUS

Notice

Advance notice to local commander

20. (1) Before performing any police duties in an area of Ontario, an appointee shall give notice to the local commander of the police force or detachment that provides police services in that area, unless the duties are of a routine nature that are unlikely to affect those police services or the operation or investigation could be compromised by giving notice.  2009, c. 30, s. 20 (1).

Content of notice

(2) The notice must include a general description of the appointee’s duties and the conditions imposed on the appointment.  2009, c. 30, s. 20 (2).

Exception

(3) If it is impractical for the appointee to give notice to the local commander before performing any police duties in that area, the appointee shall do so as soon as reasonably possible after he or she starts performing police duties in that area.  2009, c. 30, s. 20 (3).

Same

(4) This section does not apply to an appointee who was appointed under Part III by the local commander described in subsection (1).  2009, c. 30, s. 20 (4).

Local Commander’s Directions

Local commander may direct appointee

21. A local commander may direct an appointee about how the appointee’s duties are to be performed in the area in which the local commander’s police force or detachment provides police services in order to avoid interference with the provision of police services in that area.  2009, c. 30, s. 21.

Appointee’s Duties

Appointee’s duties

22. (1) An appointee shall comply with,

(a) this Act;

(b) the provisions of the Police Services Act and of the regulations made under that Act that apply to the appointee;

(c) the conditions imposed on his or her appointment; and

(d) any directions given to him or her by a local commander under section 21.  2009, c. 30, s. 22 (1).

Same, carry identification

(2) An appointee shall carry proof of his or her appointment as a police officer in Ontario with him or her at all times that he or she is performing police duties in Ontario unless doing so could compromise the operation or investigation in which the appointee is participating.  2009, c. 30, s. 22 (2).

Terminating Appointment

Terminating appointment

23. (1) An appointing official may terminate an appointment made under Part II or III before it expires if he or she is of the opinion that, 

(a) the appointee has failed to,

(i) comply with this Act,

(ii) comply with a provision of the Police Services Act or of a regulation made under that Act that applies to the appointee,

(iii) comply with a condition imposed on his or her appointment,

(iv) comply with a direction given to him or her by a local commander under section 21, or

(v) act in a professional manner at any time while in Ontario; or

(b) it is no longer appropriate in the circumstances for the appointee to be a police officer in Ontario.  2009, c. 30, s. 23 (1).

Same

(2) An appointing official shall terminate an appointment made under Part II or III before it expires in prescribed circumstances.  2009, c. 30, s. 23 (2).

Notice of termination

(3) The appointing official shall provide a copy of the termination form as soon as reasonably possible to the appointee and the appointee’s extra-provincial commander.  2009, c. 30, s. 23 (3).

When termination effective

(4) The appointment is terminated on the later of the termination date set out on the termination form and the date when the appointee receives a copy of the termination form.  2009, c. 30, s. 23 (4).

Request to terminate appointment

24. (1) If an appointee no longer requires the powers and protections of a police officer in Ontario, he or she shall notify his or her extra-provincial commander of that fact and shall provide an appointing official with a written request that the appointment be terminated.  2009, c. 30, s. 24 (1).

Same

(2) Upon receiving a request that an appointment be terminated, the appointing official shall terminate the appointment and subsections 23 (3) and (4) apply to the termination.  2009, c. 30, s. 24 (2).

Automatic termination

25. (1) The appointment of a person appointed under Part II or III who ceases to be a police officer appointed or employed under the law of another province or a territory, or who ceases to be a member of the same police force in another province or a territory of which he or she was a member at the time of his or her appointment under Part II or III, is thereby terminated.  2009, c. 30, s. 25 (1).

Notice

(2) A person whose appointment is terminated as described in subsection (1) shall notify the appointing official or local commander who appointed him or her of the change in his or her status as soon as reasonably possible.  2009, c. 30, s. 25 (2).

Appointee’s Status

Status

26. While an appointment is in effect, the appointee is a police officer in Ontario and has, throughout Ontario, all the powers and protections that a police officer has by law, subject to any conditions imposed on the appointment.  2009, c. 30, s. 26.

Original employment relationship continues

Extra-provincial police officer

27. (1) An extra-provincial police officer who is appointed as a police officer in Ontario under this Act does not, by virtue of that appointment, become an employee of any police force or police services board in Ontario, or of the Crown in right of Ontario.  2009, c. 30, s. 27 (1).

Ontario police officer

(2) The employment of an Ontario police officer by a police services board in Ontario or the Crown in right of Ontario is not terminated by virtue of his or her appointment as a police officer in another province or a territory under legislation that is similar in effect to this Act.  2009, c. 30, s. 27 (2).

Application of Workplace Safety and Insurance Act, 1997

(3) For the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the relationship between an appointee and the body that employs him or her continues as if an appointment had not been made under this Act.  2009, c. 30, s. 27 (3).

PART V
POLICE OVERSIGHT

Investigations, Hearings and Inquests

Ontario police officer to co-operate with investigation, etc., in other jurisdiction

28. (1) An Ontario police officer who has been appointed as a police officer in another province or a territory shall co-operate with an investigator, including a person conducting a criminal investigation, and appear before any inquest or hearing in the other province or territory if the investigation, hearing or inquest is held under authority of a statute to examine,

(a) the actions of the Ontario police officer or of any other police officer while the Ontario police officer was appointed as a police officer in the other province or territory; or

(b) the operation or investigation that led the Ontario police officer to be appointed as a police officer in the other province or territory.  2009, c. 30, s. 28 (1).

Proviso

(2) An Ontario police officer is not required to comply with subsection (1) unless,

(a) a police officer from the province or territory in which the investigation, hearing or inquest is held would be required to co-operate with the investigator or appear before the inquest or hearing in that province or territory in the same situation; and

(b) the Ontario police officer is entitled to the same rights and privileges that a police officer from the province or territory in which the investigation, hearing or inquest is held would have in the same situation.  2009, c. 30, s. 28 (2).

Disclosure of documents

29. (1) If an Ontario police officer is required to co-operate with an investigator or appear before an inquest or hearing as described in subsection 28 (1), the Ontario police force of which the officer is a member shall disclose and provide any relevant documents in its possession for the purpose of the investigation, hearing or inquest.  2009, c. 30, s. 29 (1).

Proviso

(2) An Ontario police force is not required to comply with subsection (1) unless,

(a) a police force in the province or territory in which the investigation, hearing or inquest is held would be required to disclose and provide any relevant documents in its possession for the purpose of the investigation, hearing or inquest in the same situation; and

(b) the Ontario police force is entitled to the same rights and privileges that a police force in the province or territory in which the investigation, hearing or inquest is held would have in the same situation.  2009, c. 30, s. 29 (2).

Discipline

Application of Commission’s powers, complaints process to Ontario police officer

30. (1) Parts II and V of the Police Services Act apply to an Ontario police officer who has been appointed as a police officer in another province or a territory in respect of his or conduct in the other province or territory as if the conduct took place in Ontario.  2009, c. 30, s. 30 (1).

Ombudsman Act not to apply

(2) The Ombudsman Act does not apply to anything done under Part V of the Police Services Act pursuant to subsection (1).  2009, c. 30, s. 30 (2).

Application of Part V of Police Services Act to extra-provincial police officer

31. A public complaint made in respect of the conduct in Ontario of an extra-provincial police officer who is appointed as a police officer under this Act shall be reviewed and investigated under Part V of the Police Services Act, but an extra-provincial police officer is not subject to discipline proceedings under that Act with respect to his or her conduct in Ontario.  2009, c. 30, s. 31.

PART VI
INDEMNIFICATION

Indemnification

32. (1) Subject to an agreement under clause 33 (1) (a), a police services board in Ontario shall indemnify a police force in another province or a territory, or the person or entity that is responsible for that police force, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which the police force from that other province or territory is a party, if the action or proceeding arises out of the actions of a member of an Ontario municipal police force while the member was appointed as a police officer in that other province or territory.  2009, c. 30, s. 32 (1).

Same

(2) Subject to an agreement under clause 33 (2) (a), the Crown in right of Ontario shall indemnify a police force in another province or a territory, or the person or entity that is responsible for that police force, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which the police force from that other province or territory is a party, if the action or proceeding arises out of the actions of a member of the Ontario Provincial Police while the member was appointed as a police officer in that other province or territory.  2009, c. 30, s. 32 (2).

Subject to prescribed terms and conditions

(3) An indemnification under subsection (1) or (2) is subject to any prescribed terms and conditions.  2009, c. 30, s. 32 (3).

Limited to jurisdictions with reciprocal provision

(4) Subsections (1) and (2) only apply in respect of a police force from another province or a territory that has legislation in force that is similar in effect to those subsections.  2009, c. 30, s. 32 (4).

Indemnity agreement

33. (1) A police services board in Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising out of,

(a) the appointment of a member of an Ontario municipal police force as a police officer in another province or a territory; and

(b) the appointment of an extra-provincial police officer as a police officer in Ontario.  2009, c. 30, s. 33 (1).

Same

(2) The Crown in right of Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising out of,

(a) the appointment of a member of the Ontario Provincial Police as a police officer in another province or a territory; and

(b) the appointment of an extra-provincial police officer as a police officer in Ontario.  2009, c. 30, s. 33 (2).

PART VII
GENERAL PROVISIONS

Appointing officials

34. The Minister may designate in writing any person or the members of any class of persons as an appointing official.  2009, c. 30, s. 34.

Recordkeeping

35. Every appointing official shall maintain records, as prescribed,

(a) of the appointments requested of him or her under Part II, and of the appointments he or she made or denied under that Part;

(b) of the appointments requested under Part III of which he or she is notified by a local commander, and of such appointments made or denied under that Part;

(c) of the appointments terminated under Part IV.  2009, c. 30, s. 35.

Notice

36. Every appointing official shall provide notice of the appointments requested, made and denied under Parts II and III, as described in clauses 35 (a) and (b), and of the appointments terminated under Part IV, as prescribed.  2009, c. 30, s. 36.

Reports

37. The Minister may from time to time request reports from an appointing official in respect of appointments requested, made or denied under Part II or III or in respect of appointments terminated under Part IV, and the appointing official shall provide such reports at the time, in the form and manner and containing the information as directed by the Minister.  2009, c. 30, s. 37.

Law of fresh pursuit not affected

38. Nothing in this Act affects the law regarding fresh pursuit by a peace officer.  2009, c. 30, s. 38.

Power of appointment reserved

39. Nothing in this Act limits or affects the power to appoint peace officers or special constables under another Act.  2009, c. 30, s. 39.

Minister’s directives, guidelines

40. The Minister may issue directives and guidelines respecting policy matters related to matters governed by this Act.  2009, c. 30, s. 40.

Regulations

41. (1) The Minister may make regulations,

(a) prescribing additional information to be included in a request for an appointment under Part II or III;

(b) prescribing circumstances for the purposes of clauses 8 (2) (b) and 15 (2) (b) and subsection 23 (2);

(c) governing conditions that must or may be imposed on appointments made under Part II or III;

(d) prescribing terms and conditions for the purposes of section 32;

(e) governing the records to be kept by appointing officials under section 35;

(f) governing the notice to be provided under section 36.  2009, c. 30, s. 41 (1).

Same

(2) The Lieutenant Governor in Council may make regulations prescribing additional powers and duties for appointing officials and local commanders under this Act.  2009, c. 30, s. 41 (2).

Forms

42. (1) The Minister may approve forms for the purposes of this Act, including electronic forms, and provide for or require their use.  2009, c. 30, s. 42 (1).

Same

(2) The appointments under Part II or III and the terminations under Part IV must be in a form approved by the Minister.  2009, c. 30, s. 42 (2).

Part VIII (Omitted)

43.-62. Omitted (amends, repeals or revokes other legislation).  2009, c. 30, ss. 43-62.

Part IX (Omitted)

63. Omitted (provides for coming into force of provisions of this Act).  2009, c. 30, s. 63.

64. Omitted (enacts short title of this Act).  2009, c. 30, s. 64.

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