Ontario Policing Discipline Tribunal Act, 2018, S.O. 2018, c. 3, Sched. 3

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Ontario Policing Discipline Tribunal Act, 2018

S.o. 2018, chapter 3
Schedule 3

Note: This Act was repealed on March 26, 2019. (See: 2019, c. 1, Sched. 3, s. 1)

Last amendment: 2019, c. 1, Sched. 3, s. 1.

Legislative History: 2019, c. 1, Sched. 3, s. 1.

CONTENTS

 

Ontario Policing Discipline Tribunal

Ontario Policing Discipline Tribunal

1 The Ontario Civilian Police Commission is continued as the “Ontario Policing Discipline Tribunal” in English and “Tribunal disciplinaire de l’Ontario en matière de services policiers” in French.

Composition

2 (1) The Tribunal shall consist of such members as are appointed by the Lieutenant Governor in Council, for the terms specified by the Lieutenant Governor in Council in the appointments.

Restriction

(2) A person who is or was a person referred to in section 56 of the Policing Oversight Act, 2018 may not be appointed as a member.

Chair, vice-chairs

(3) The Lieutenant Governor in Council shall appoint a chair and may appoint one or more vice-chairs from among the members of the Tribunal.

Duties of chair

(4) The chair shall have general supervision and direction over the conduct of the Tribunal’s affairs, and shall arrange the sittings of the Tribunal and assign members of the Tribunal to the sittings as necessary.

Alternate chair

(5) The Lieutenant Governor in Council shall designate one of the members of the Tribunal to be an alternate chair.

Same

(6) If the chair is unable to act, the alternate chair shall perform the duties of the chair and, for this purpose, has all the powers of the chair.

Quorum

3 One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal.

Employees

4 Such employees as are considered necessary for the proper conduct of the affairs of the Tribunal may be appointed under Part III of the Public Service of Ontario Act, 2006.

Jurisdiction

5 (1) The Tribunal shall hear proceedings or otherwise dispose of matters brought before it under the Policing Oversight Act, 2018 or the Police Services Act, 2018.

Same

(2) For the purposes of subsection (1), the Tribunal may exercise the powers conferred on it by or under this Act and by or under the Policing Oversight Act, 2018 or the Police Services Act, 2018, as the case may be, and may determine any question of fact or law that arises in a proceeding before it.

Protection from personal liability

6 (1) No action or other proceeding may be instituted against a member of or employee in the Tribunal for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject.

Protection from giving testimony

7 A member of or employee in the Tribunal shall not be required to give testimony in any proceeding with respect to information obtained by him or her in the course of exercising a power or performing a duty under this or another Act.

Procedures

Procedures

8 In the event of a conflict between the Statutory Powers Procedure Act and this Act, this Act prevails to the extent of the conflict.

Related proceedings

9 (1) If two or more proceedings before the Tribunal involve the same or similar questions of fact or law, the Tribunal may, without the consent of the parties to the proceedings,

(a) combine the proceedings or any part of them;

(b) hear the proceedings at the same time;

(c) hear the proceedings one immediately after the other; or

(d) stay one or more of the proceedings until after the determination of another one of them.

Use of same evidence

(2) The Tribunal may, without the consent of the parties to the proceedings, treat evidence that is admitted in a proceeding as if it were also admitted in another proceeding that is heard at the same time under clause (1) (b).

Power to require production of documents, etc.

10 The Tribunal may require a party to a proceeding or another person to,

(a) produce any document, information or thing and provide such assistance as is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce the information in any form;

(b) provide a statement or oral or affidavit evidence; or

(c) in the case of a party to the proceeding, adduce evidence or produce witnesses who are reasonably within the party’s control.

Examination of evidence

11 (1) The person who is the subject of a proceeding before the Tribunal shall be given an opportunity to examine any documentary or other evidence that will be produced at the hearing.

Same

(2) For greater certainty, subsection (1) applies in addition to any applicable disclosure requirements set out under the Statutory Powers Procedure Act or otherwise at law.

Oral evidence to be recorded

12 The Tribunal shall ensure that any oral evidence given at a hearing in a proceeding is audio recorded, and that a copy of the recording is made available to a party to the proceeding on the party’s request.

Documents public

13 (1) The Tribunal shall make the following documents and other items respecting every proceeding before it available to the public:

1. The application or other document, if any, by which the proceeding was commenced.

2. Notice of any hearing in the proceeding.

3. Any written submissions made in the proceeding.

4. All documentary or other evidence that was admitted into evidence in the proceeding.

5. Recordings of the oral evidence given at any hearing in the proceeding, and any transcripts of such evidence provided to or produced for the Tribunal.

6. Every decision or order made by the Tribunal in the proceeding, including any interlocutory orders, together with reasons if they were given.

Confidentiality orders

(2) Despite subsection (1), the Tribunal may order that a document or item referred to in that subsection be treated as confidential and not be disclosed to the public, if the Tribunal determines that,

(a) matters involving public security may be disclosed; or

(b) the document or item contains information regarding intimate financial or personal matters or other matters that are of such a nature that the public interest or the interest of a person affected would be better served by avoiding disclosure, despite the desirability of adhering to the principle that the documents and other items be available to the public.

Freedom of Information and Protection of Privacy Act

(3) This section prevails over the Freedom of Information and Protection of Privacy Act.

Effect of criminal, other proceedings

14 If a person who is the subject of a proceeding before the Tribunal under the Policing Oversight Act, 2018 or the Police Services Act, 2018 is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that is the subject of the proceeding, the proceeding before the Tribunal shall continue unless the Crown Attorney advises the Tribunal that it should be stayed until the conclusion of the proceeding dealing with the offence.

Transition

Regulations, transition

15 The Lieutenant Governor in Council may make regulations governing transitional matters relating to the enactment of this Act.

16 Omitted (provides for coming into force of provisions of this Act).

17 Omitted (enacts short title of this Act).

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