Policing Oversight Act, 2018, S.O. 2018, c. 3, Sched. 2

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Policing Oversight Act, 2018

S.o. 2018, chapter 3
Schedule 2

Note: This Act was repealed on March 26, 2019. (See: 2019, c. 1, Sched. 3, s. 4)

Last amendment: 2019, c. 1, Sched. 3, s. 4.

Legislative History: 2018, c. 3, Sched. 2, s. 105; 2019, c. 1, Sched. 3, s. 4.

CONTENTS

 

Part I
Principles and Interpretation

Principles

1 The oversight of policing in Ontario under this Act shall be governed by the following principles:

1. The importance of holding police officers and other policing officials accountable, on behalf of the public, for the effective delivery of community safety services in Ontario.

2. The impartial and independent operation of the policing oversight system, with decision-making authority that is not subject to the influence of government nor of the persons who are subject to oversight.

3. The public sharing of information about the oversight of policing in a manner that promotes openness and public education, while balancing privacy interests and the integrity of oversight investigations.

4. Recognition of and respect for,

i. the diverse, multiracial and multicultural character of Ontario society, and

ii. the rights and cultures of First Nation, Inuit and Métis Peoples.

Interpretation

Definitions

2 (1) In this Act,

“appointing official”, “extra-provincial commander” and “local commander” have the same meaning as in the Interprovincial Policing Act, 2009; (“agent de nomination”, “commandant extraprovincial”, “commandant local”)

“Complaints Director” means the Ontario Policing Complaints Director appointed under subsection 43 (1); (“directeur des plaintes”)

“de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”)

“Inspector General of Policing” means the person appointed as Inspector General of Policing under subsection 79 (1) of the Police Services Act, 2018; (“inspecteur général des services policiers”)

“Minister” means the Attorney General or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“professional misconduct” means conduct referred to in section 146 of the Police Services Act, 2018; (“faute professionnelle”)

“regulations” means the regulations made under this Act; (“règlements”)

“SIU Director” means the Ontario Special Investigations Unit Director appointed under subsection 6 (1). (“directeur de l’UES”)

Interpretation, police matters

(2) Words and expressions used in this Act and in the regulations that relate to policing and police matters have the same meanings as under the Police Services Act, 2018, unless the context requires otherwise.

Crown bound

3 This Act binds the Crown.

Part II
Ontario Special Investigations Unit

Interpretation

Definitions

4 (1) In this Part,

“affected person” means, in relation to an incident referred to in subsection 16 (1), a person,

(a) who died or was seriously injured,

(b) at whom a firearm was discharged, or

(c) who reported that he or she was sexually assaulted; (“personne concernée”)

“designated authority” means,

(a) in relation to an official who is a police officer other than a chief of police, the chief of police of the police service of which the police officer is a member,

(b) in relation to any other official, the person prescribed by the Minister for the official in respect of this Part or the regulations relating to this Part or in respect of a particular provision of this Part or of the regulations relating to this Part;  (“autorité désignée”)

“investigator” means an investigator appointed under section 7; (“enquêteur”)

“official” means,

(a) a police officer,

(b) a special constable,

(c) an auxiliary member of a police service, or

(d) any other person who may be prescribed; (“agent”)

“serious injury” means an injury listed in subsection (2) or any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature; (“blessure grave”)

“subject official” means, in respect of an incident referred to in subsection 16 (1), an official whose conduct appears, in the opinion of the SIU Director, to have been a cause of the incident; (“agent impliqué”)

“witness official” means an official who, in the opinion of the SIU Director, is involved in an incident referred to in subsection 16 (1), but is not a subject official in relation to the incident. (“agent témoin”)

Serious injuries

(2) A person sustains a serious injury if he or she,

(a) sustains an injury as a result of which he or she is admitted to a hospital;

(b) suffers a fracture to the skull, or to a limb, rib or vertebra;

(c) suffers burns to a significant proportion of his or her body;

(d) loses any portion of his or her body;

(e) as a result of an injury, experiences a loss of vision or hearing; or

(f) sustains a prescribed injury.

Officer appointed under the Interprovincial Policing Act, 2009 deemed to be a member of a specific police service

(3) For the purposes of this Part, a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be,

(a) a member of the Ontario Provincial Police;

(b) if he or she was appointed by a member of a police service maintained by a police service board, a member of that police service; or

(c) if he or she was appointed by a member of a police service board, a member of the police service maintained by the police service board.

Ontario Special Investigations Unit

Ontario Special Investigations Unit

5 (1) The Ontario Special Investigations Unit is continued under the name “Ontario Special Investigations Unit” in English and “Unité des enquêtes spéciales de l’Ontario” in French.

Composition

(2) The Ontario Special Investigations Unit shall be headed by the SIU Director and shall, in addition to the SIU Director, consist of,

(a) investigators appointed under section 7; and

(b) persons appointed as employees in the Ontario Special Investigations Unit in accordance with section 9.

Ontario Special Investigations Unit Director

6 (1) The Lieutenant Governor in Council shall, on the recommendation of the Minister, appoint an Ontario Special Investigations Unit Director.

Restriction, official or former official

(2) An official or former official may not be appointed as Ontario Special Investigations Unit Director.

Restriction, requirements and qualifications

(3) A person may not be appointed as Ontario Special Investigations Unit Director unless he or she meets the requirements and qualifications prescribed by the Minister, if any.

Term

(4) An appointment under subsection (1) shall be for a term of five years, and may be renewed for one further term of five years.

Remuneration

(5) The Ontario Special Investigations Unit Director shall be paid such remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in Council.

Functions

(6) The Ontario Special Investigations Unit Director,

(a) shall oversee investigations conducted under this Part;

(b) shall, in accordance with any requirements prescribed by the Minister and in consultation with such persons who represent the diversity of Ontario as the SIU Director considers appropriate, provide training for employees in the Ontario Special Investigations Unit that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples;

(c) shall publish statistical reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario; and

(d) shall perform the duties, and may exercise the powers, that are set out under this Part, as well as any additional duties and powers that may be prescribed.

Delegation

(7) The Ontario Special Investigations Unit Director may in writing delegate any of his or her powers or duties under this Part to an employee in the Ontario Special Investigations Unit, subject to such conditions or restrictions as the Director may set out in the delegation.

Transition, Director continued

(8) The person who was Ontario Special Investigations Unit Director under the Ontario Special Investigations Unit Act, 2018 immediately before its repeal continues, after its repeal, as Ontario Special Investigations Unit Director under this Act for the remainder of his or her term of appointment.

Investigators

7 (1) The SIU Director may appoint as investigators such employees in the Ontario Special Investigations Unit or other persons as he or she considers necessary to carry out investigations under this Part, and such appointments shall be in writing.

Restriction, official

(2) An official may not be appointed as an investigator.

Restriction, requirements and qualifications

(3) A person may not be appointed as an investigator unless he or she meets the requirements and qualifications prescribed by the Minister, if any.

SIU Director as investigator

(4) Any power of an investigator appointed under this section may be exercised by the SIU Director.

Peace officers

8 The SIU Director, a person to whom powers and duties are delegated under subsection 6 (7) and investigators are peace officers.

Employees

9 (1) Such employees as are considered necessary for the proper conduct of the Ontario Special Investigations Unit may be appointed under Part III of the Public Service of Ontario Act, 2006.

Restriction

(2) An official may not be appointed as an employee.

Collection, use and disclosure of personal information

Collection

10 (1) The SIU Director may, in accordance with this section, collect prescribed personal information for the purposes of clause 6 (6) (c).

Limits on collection

(2) The SIU Director shall not collect personal information under this section if other information will meet the purposes of clause 6 (6) (c), and shall not collect more personal information under this section than is reasonably necessary to meet those purposes.

Manner of collection

(3) Personal information shall only be collected under this section directly from the individual to whom the information relates, with the individual’s consent.

Same

(4) Despite subsection (3), if the regulations so provide, the SIU Director may, in the circumstances specified by the regulations, collect such prescribed personal information as the regulations specify in a manner other than directly from the individual to whom the information relates.

Notice of direct collection

(5) Before seeking an individual’s consent to collect personal information directly from the individual to whom the information relates, the SIU Director shall inform the individual of,

(a) the authority for and purposes of the collection; and

(b) the title and contact information, including an email address, of an employee in the Ontario Special Investigations Unit who can answer the individual’s questions about the collection.

Notice of indirect collection

(6) If the regulations referred to in subsection (4) provide for the collection of personal information in a manner other than directly from the individual to whom the information relates, the SIU Director shall, before collecting personal information in such a manner, ensure that notice of the collection is published on the website of the Ontario Special Investigations Unit containing,

(a) a statement that the collection is authorized under subsection (1) and setting out the purposes of the collection;

(b) the personal information and circumstances specified by the regulations referred to in subsection (4) for the purposes of the collection; and

(c) the title and contact information, including an email address, of an employee in the Ontario Special Investigations Unit who can answer an individual’s questions about the collection.

De-identification

(7) The SIU Director shall immediately de-identify, in the prescribed manner, personal information collected under this section.

Limits on use

(8) The SIU Director shall not use personal information collected under this section unless it has been de-identified under subsection (7), and may only use de-identified personal information for the purposes of clause 6 (6) (c).

Limit on access

(9) The SIU Director shall limit access to the personal information collected under this section to employees in the Ontario Special Investigations Unit and investigators, for the purposes of,

(a) de-identifying the personal information under subsection (7); or

(b) disclosing personal information under subsection (10).

Limits on disclosure

(10) The SIU Director, an employee in the Ontario Special Investigations Unit or an investigator may disclose personal information collected under this section only if,

(a) the individual to whom the information relates has identified that information in particular and consented to its disclosure;

(b) the disclosure is required by law, including as required under section 31 of the Human Rights Code;

(c) subject to subsection (11), the disclosure is for the purpose of a proceeding or contemplated proceeding, the information relates to or is a matter in issue in the proceeding or contemplated proceeding, and,

(i) the SIU Director is, or is expected to be, a party, or

(ii) any of the following is, or is expected to be, a witness:

(A) a current or former employee in the Ontario Special Investigations Unit,

(B) a current or former investigator, or

(C) a former employee in or investigator with the Ontario Special Investigations Unit, before its continuance under this Part; or

(d) the disclosure is to the Information and Privacy Commissioner.

Same

(11) The SIU Director, an employee in the Ontario Special Investigations Unit or an investigator shall not disclose personal information under clause (10) (c) if other information will meet the purposes of the proceeding or contemplated proceeding, and shall not disclose more personal information under that clause than is reasonably necessary to meet those purposes.

Other Acts

(12) In the event of a conflict, this section prevails over sections 38, 39, 41, 42 and 43 of the Freedom of Information and Protection of Privacy Act, but the authority to collect, use and disclose personal information under this section is subject to any limits on collection, use or disclosure under any other law.

Rights of access and correction

(13) Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.

Non-application

(14) For greater certainty, this section does not apply with respect to personal information lawfully collected by the SIU Director for a purpose other than for the purposes of clause 6 (6) (c).

Agreements with other entities

11 The SIU Director may, subject to any prescribed conditions or restrictions, enter into agreements with a First Nation in Ontario, the Government of Canada, the government of another province or territory of Canada, a Canadian municipality outside Ontario or any other Canadian entity outside Ontario, for the purpose of conducting or assisting with investigations.

Annual report

12 (1) The SIU Director shall prepare an annual report on the affairs of the Ontario Special Investigations Unit, provide it to the Minister and make it available to the public.

Same

(2) The SIU Director shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(c) when and how to make it available to the public.

Same

(3) The SIU Director shall include such additional content in the annual report as the Minister may require.

Confidentiality

13 The SIU Director and every investigator, employee in the Ontario Special Investigations Unit and person exercising powers or performing duties at the direction of the SIU Director shall preserve secrecy in respect of all information obtained by him or her in the course of exercising a power or performing a duty under this Part, and shall not communicate any such information to any person except,

(a) as may be required in connection with the administration of this Act, the Police Services Act, 2018, the Ontario Policing Discipline Tribunal Act, 2018 or the regulations made under any of them;

(b) to his or her counsel;

(c) as may be required for law enforcement purposes; or

(d) with the consent of the person, if any, to whom the information relates.

Protection from personal liability

14 (1) No action or other proceeding may be instituted against the SIU Director, an investigator, an employee in the Ontario Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director 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 not relieved of 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

15 (1) The SIU Director, an investigator, an employee in the Ontario Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director shall not be required to give testimony in a civil proceeding with respect to information obtained by him or her in the course of exercising a power or performing a duty under this Part or a predecessor of this Part.

Inadmissibility of documents

(2) A document prepared under this Part by the SIU Director, an investigator, an employee in the Ontario Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director is not admissible in a civil proceeding.

Investigations

Power to investigate

16 (1) The SIU Director may cause an investigation to be conducted into any incident in which any of the following occurs, if the incident may have resulted from the conduct of an official:

1. The death of a person.

2. The serious injury of a person.

3. The discharge of a firearm at a person.

4. The sexual assault of a person, as reported by the person.

Application of section to officials

(2) This section applies in respect of an official if, at the time of the incident,

(a) the official was on duty; or

(b) the official was off-duty but,

(i) engaged in the investigation, pursuit, detention or arrest of a person or otherwise exercised the powers of a police officer, special constable, auxiliary member of a police service or other prescribed person, as the case may be, whether or not the official intended to exercise such powers or identified him or herself as a person who may exercise such powers, or

(ii) the incident involved equipment or other property issued to the official in relation to his or her duties.

Interpretation, firearm

(3) For the purposes of paragraph 3 of subsection (1),

“firearm” means a firearm as defined in section 2 of the Criminal Code (Canada), except that it does not include 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, Restricted or Non-Restricted, SOR/98-462, made under the Criminal Code (Canada).

Former official

(4) The SIU Director may cause an incident that may have resulted from the conduct of an official to be investigated under subsection (1) even if the official is no longer serving in that position.

Past incident

(5) The SIU Director may cause an incident that occurred before subsection (1) came into force to be investigated under that subsection, but, in the case of an incident that occurred before subsection 15 (1) of the Ontario Special Investigations Unit Act, 2018 came into force, only if the incident may have resulted from the conduct of a person who was a police officer at the time of the incident.

Same

(6) For greater certainty, subsection (5) includes an incident that occurred before the establishment of the special investigations unit that was continued by the Ontario Special Investigations Unit Act, 2018.

Exception, immediate medical care

(7) If the regulations made by the Minister so provide, the SIU Director shall not, despite anything to the contrary in this section, investigate an incident in which an official provided immediate medical care to the affected person in the circumstances specified by the regulations made by the Minister.

Notice

(8) Unless the SIU Director received notification of the incident under section 17, the SIU Director shall give notice of an investigation commenced under this section to the official’s designated authority.

Notification of incident

17 (1) A designated authority shall immediately notify the SIU Director of an incident referred to in subsection 16 (1) involving an official in relation to whom the authority is designated.

Same

(2) If an incident that may have resulted from the conduct of an official results in the injury of a person, the seriousness of which cannot initially be determined, the official’s designated authority shall immediately notify the SIU Director.

Same

(3) For greater certainty, subsections (1) and (2) apply in relation to an official who was off-duty at the time of the incident, unless it is clear that section 16 does not apply to the official under subsection 16 (2).

Investigation

(4) On receiving notice of an incident under subsection (1), the SIU Director may, subject to subsection (6), cause the incident to be investigated under section 16.

Same

(5) If notice is given under subsection (2) and the incident leads to the death or serious injury of the person, the SIU Director may, subject to subsection (6), cause the incident to be investigated under section 16.

Refusal to investigate

(6) If the SIU Director determines that the incident is not within the SIU Director’s power to investigate under section 16, the SIU Director shall refuse to investigate, and shall give notice of the fact to the official’s designated authority.

Investigation of related persons

18 (1) If, in the course of an investigation under section 16, the SIU Director determines that an incident that may have resulted from the conduct of an official in respect of whom that section applies may also have resulted from the conduct of any other person acting with the official as a party to the incident, the SIU Director may cause the investigation to be extended to include that other person.

Same

(2) For greater certainty, subsection (1) includes a person listed in clauses (a) to (d) of the definition of “official” in subsection 4 (1), in a circumstance in which section 16 would not otherwise apply in respect of the person under subsection 16 (2).

Same

(3) A reference in sections 22 to 36 to an official, including to a subject official or witness official, does not include a person described in subsection (2), except as provided in subsection 28 (3).

Application

(4) This section applies only if the incident occurred on or after the day subsection 17 (1) of the Ontario Special Investigations Unit Act, 2018 came into force.

Ancillary investigations

19 (1) If, in the course of an investigation under section 16, a matter comes to the attention of the SIU Director which does not constitute an incident that may be investigated under that section, but which may constitute an offence under the Criminal Code (Canada) or under section 33 of this Act committed by an official, the SIU Director may,

(a) cause the matter to be investigated; or

(b) refer the matter to the following person:

(i) if the official is a police officer, a special constable who is a member of a police service or an auxiliary member of a police service, to the chief of police of an unrelated police service, or

(ii) in any other case, to any chief of police.

Application of section to officials

(2) This section applies if, during the alleged committal of the offence, the official met the criteria of clause 16 (2) (a) or (b), with necessary modifications.

Former officials, past conduct

(3) Subsections 16 (4) to (6) apply, with necessary modifications, with respect to an investigation of a matter under this section.

Notice

(4) The SIU Director shall give notice of an investigation under clause (1) (a) to the official’s designated authority.

Access to SIU files

(5) If the SIU Director refers a matter to a person under clause (1) (b), the SIU Director may make the files of the Ontario Special Investigations Unit respecting the matter available to the person.

Lead investigator

20 The SIU Director is the lead investigator in the investigation of an incident or matter under this Part, and shall have priority over,

(a) any police service investigating the incident or matter; and

(b) any other body that may be prescribed.

Assignment of investigators

21 (1) The SIU Director shall assign investigators for the purpose of conducting investigations under this Part.

Restriction

(2) An investigator who was a member of a police service shall not be assigned to participate in an investigation that relates to a member of that police service, and shall not participate in such an investigation.

Securing the scene

22 (1) If the SIU Director causes an investigation to be conducted into an incident under section 16, every designated authority of an official involved in the incident shall ensure that, until an investigator takes charge of the scene of the incident, any officials or employees over which the designated authority has authority who are at the scene take any lawful measures that appear to them to be necessary for the purposes of protecting, obtaining or preserving evidence relating to the incident.

Contrary direction

(2) Subsection (1) is subject to any direction to the contrary given by the SIU Director or an investigator.

Incident notes

23 (1) Every official who may be a subject official or witness official shall complete, in full, notes on the incident.

Same

(2) The requirement of an official to complete incident notes applies in accordance with any duties respecting such notes to which the official is subject.

Timing

(3) The incident notes shall be completed by the end of the official’s shift, subject to subsection (4).

Same

(4) The official’s designated authority may permit one extension of the deadline under subsection (3),

(a) of up to 24 hours, on notice by the designated authority to the SIU Director with reasons; or

(b) of such longer period as the designated authority specifies, subject to the prior approval of the SIU Director.

Same

(5) In determining whether to approve an extension under clause (4) (b), the SIU Director shall consider any specific circumstances respecting the official that may be raised by the designated authority when seeking the approval.

Other notes

(6) For greater certainty, incident notes do not include other types of notes such as occurrence reports, arrest reports, use of force reports, duty reports, logs or canine training records.

Notice of whether subject official or witness official

24 (1) Before requesting an interview with an official or requesting a copy of an official’s incident notes for the purposes of an investigation under section 16, an investigator shall give written notice to the official and to the official’s designated authority as to whether the official is considered for the purposes of the investigation to be a subject official or a witness official.

Notice of change

(2) If, at any time after notice is given under subsection (1), the SIU Director determines that a subject official should instead be considered to be a witness official in respect of an investigation or vice versa, the SIU Director shall give written notice of the change to the official and to the official’s designated authority.

Provision of notes by witness official

Incident notes

25 (1) If an investigator requests a copy of the incident notes of a witness official for the purposes of an investigation under section 16,

(a) the witness official shall, no later than 24 hours after the request is made, give the original notes to his or her designated authority; and

(b) the designated authority shall, no later than 24 hours after the request is made or such later time as the investigator may permit, give a copy of the notes to the investigator.

Other notes

(2) If an investigator requests a copy of any other notes of a witness official for the purposes of an investigation under section 16, the witness official’s designated authority shall give a copy of the notes to the investigator.

Notes of subject official

Incident notes

26 (1) No person shall give to an investigator the original or a copy of any incident notes of a subject official respecting the incident that are made,

(a) after the commencement of an investigation into the incident; or

(b) after the incident, if the investigation into the incident is commenced, or notice under section 17 respecting the incident is given, less than 24 hours, or such other number of hours as may be prescribed, after the incident occurs.

Change to subject official

(2) If notice is given under subsection 24 (2) that an official who was considered to be a witness official in respect of an investigation at the time that a request for a copy of his or her incident notes was made should instead be considered to be a subject official in the investigation, the SIU Director shall return to the official’s designated authority the original and all copies of the incident notes referred to in clause (1) (a) or (b), as applicable, that are in the possession of the Ontario Special Investigations Unit.

Other notes

(3) If an investigator requests a copy of any notes of a subject official other than incident notes referred to in clause (1) (a) or (b), as applicable, for the purposes of an investigation under section 16, the subject official’s designated authority shall give a copy of the notes to the investigator.

Interview of witness officials

27 (1) An investigator may, for the purposes of an investigation under section 16, request an interview with a witness official by making the request to the witness official, to the witness official’s designated authority or both.

Duty to appear

(2) If an investigator requests an interview with a witness official in accordance with subsection (1), the witness official shall meet with the investigator and answer all of his or her questions.

Same, location and timing

(3) The witness official shall meet with the investigator,

(a) immediately when the request for the interview is first made or, if there are appropriate grounds for delay, no later than 24 hours after the request is first made; or

(b) at such later time as the investigator may specify.

Same

(4) In determining whether to specify a later time under clause (3) (b), the investigator shall consider any specific circumstances raised by the official, such as any travel requirements.

Record of interview

(5) An interview with a witness official may not be audio recorded except by the investigator, and may not be video recorded except by the investigator with the consent of the witness official.

Same, copy for witness official

(6) Unless the SIU Director determines that to do so may compromise the integrity of the investigation, a copy of the record of an interview with a witness official shall be given to the witness official, subject to any conditions that the investigator may specify.

Same, change to subject official

(7) If notice is given under subsection 24 (2) that an official who was considered to be a witness official in respect of an investigation at the time that a request for an interview was made should instead be considered to be a subject official in the investigation, the SIU Director shall give the official the original and all copies of the record of the interview, if any.

Segregation of officials

28 (1) The designated authority or authorities of the officials involved in an incident that is the subject of an investigation under section 16 shall, to the extent that is practicable, segregate those officials from one another until the investigators have completed their interviews.

No communication between officials

(2) An official involved in an incident that is the subject of an investigation under section 16 shall not communicate, directly or indirectly, with any other official involved in the incident concerning their involvement, until the investigators have completed their interviews.

Application to off-duty officials

(3) In this section, a reference to an official includes a person described in subsection 18 (2) and any other official involved in the incident, regardless of whether he or she was on duty at the time of the incident.

Right to counsel

29 (1) Subject to subsection (2), every subject official and witness official in an investigation is entitled to consult with legal counsel, a representative of any applicable union, association or collective bargaining agent, or both, and to have one or both present during his or her interview with an investigator.

Exception

(2) Subsection (1) does not apply in respect of a legal counsel or a representative if, in the opinion of the SIU Director, waiting for the legal counsel or representative would cause an unreasonable delay in the investigation.

Limitation

(3) Witness officials may not be represented by the same legal counsel as subject officials.

Confidentiality during investigation

30 (1) Information respecting an ongoing investigation under this Part or an incident or matter being investigated shall not be disclosed to any person, except as permitted or required by this Act, the Police Services Act, 2018, the Ontario Policing Discipline Tribunal Act, 2018 or the regulations made under any of them, by,

(a) a member of a police service;

(b) an official;

(c) a special constable employer or person employed by a special constable employer; or

(d) a designated authority.

Exception, Interprovincial Policing Act, 2009

(2) Despite subsection (1), a police officer appointed under the Interprovincial Policing Act, 2009 may disclose the information to his or her extra-provincial commander, and the chief of police of the police service of which such a police officer is a member may disclose the information to,

(a) the police officer’s extra-provincial commander; or

(b) if the investigation relates to the police officer and the chief of police is not the police officer’s appointing official, the appointing official.

Certain disclosure permitted

(3) Subsection (1) does not prevent,

(a) a police service from disclosing to a person that the SIU Director has been notified of an incident or matter involving an official who is a member of the police service and is conducting an investigation into it; and

(b) any disclosure authorized by the regulations that the SIU Director has been notified of an incident or matter involving an official who is not a member of a police service and is conducting an investigation into it.

Public statements by SIU

31 The SIU Director may issue public statements respecting an ongoing investigation under this Part, if,

(a) the statement is aimed at preserving public confidence; and

(b) the benefit of preserving public confidence clearly outweighs any detriment to the integrity of the investigation.

Delegation

By chief of police

32 (1) A chief of police who is a designated authority under this Part may in writing delegate any of his or her powers or duties as designated authority to a senior officer of the chief of police’s police service, subject to such conditions or restrictions as the chief may set out in the delegation.

By other designated authorities

(2) If so provided by the regulations made by the Minister, a designated authority other than a chief of police may in writing delegate any of his or her powers or duties as designated authority to a person or persons specified by those regulations, subject to such conditions or restrictions as the designated authority may set out in the delegation.

Duty to comply

33 (1) The following persons shall comply with a direction or request received from the SIU Director or an investigator in relation to an investigation under this Part, immediately or as otherwise specified under this Part, unless it is unlawful or impracticable to do so:

1. An official, other than a subject official.

2. A designated authority or a person to whom powers or duties are delegated under section 32.

3. Any person over whom a designated authority has authority, including any employees.

4. An appointing official.

5. Any other person who may be prescribed.

Notification

(2) The SIU Director shall immediately advise an official and the official’s designated authority respecting a failure of the official to comply with subsection (1) and, in doing so, shall inform each of them of the penalty to which a person is liable under subsection (3) on conviction of a failure to comply.

Offence and penalty

(3) A person who fails to comply with subsection (1) is guilty of an offence and on conviction is liable,

(a) in the case of a first offence, to a fine of not more than $25,000, to imprisonment for a term of not more than one year, or to both;

(b) in the case of a second or subsequent offence, to a fine of not more than $50,000, to imprisonment for a term of not more than one year, or to both.

Securing the scene

(4) Nothing in this section affects or detracts from any requirement to which an official may be subject under section 22.

Charges

Criminal offences

34 (1) If, as a result of an investigation under this Part, the SIU Director determines that there are reasonable grounds to believe that a person has committed an offence under the Criminal Code (Canada), the SIU Director shall cause charges to be laid against the person.

Other offences

(2) If, as a result of an investigation under this Part, the SIU Director determines that there are reasonable grounds to believe that a person has committed an offence under any other law of Canada or under Ontario law, the SIU Director may cause charges to be laid against the person.

Public notice if charges laid against official re incident

35 (1) Subject to subsections (2) and (3), if an investigation under section 16 results in charges being laid against an official, the SIU Director shall, as soon as practicable, give public notice setting out the following, but no other, information:

1. The official’s name.

2. The charges laid and on what date.

3. Information respecting the official’s first scheduled court appearance respecting the charges, if known.

4. Any other information that may be prescribed.

Omission of official’s name

(2) If the public release of the official’s name may result in the identity of a person who reported that he or she was sexually assaulted being revealed in connection with the sexual assault, the SIU Director may omit the official’s name from the notice, subject to prior consultation with the person.

Other omissions

(3) If the regulations so provide, the SIU Director shall, in the prescribed circumstances, omit the information specified by the regulations from a notice.

Public notice if no charges laid against official re incident

36 (1) If an investigation under section 16 does not result in charges being laid against an official, the SIU Director shall publish a report on the website of the Ontario Special Investigations Unit containing the following information:

1. The reasons why the investigation was thought to be authorized under section 16.

2. A detailed narrative of the events leading to the investigation.

3. A summary of the investigative process, including a timeline.

4. A summary of the relevant evidence considered, subject to subsection (2).

5. Any relevant video, audio or photographic evidence, de-identified to the extent possible, subject to subsection (2).

6. The reasons for not laying a charge against the official.

7. A statement as to whether notice of the matter was given by the SIU Director to the Complaints Director or the Inspector General of Policing.

8. Any other information that may be prescribed.

Omission and reasons

(2) The SIU Director may omit from the report any information required to be provided under paragraph 4 or 5 of subsection (1), if the SIU Director is of the opinion that a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published, and includes in the report the reasons for the omission.

Additional statement

(3) The SIU Director may include in the report a statement as to whether, in his or her opinion, a witness official failed to comply with a direction or request of the SIU Director or an investigator in the investigation when required to do so under this Part.

Excluded information

(4) The SIU Director shall ensure that the following information is not included in the report:

1. The name of, and any information identifying, a subject official, witness official, person referred to in section 18, civilian witness or affected person.

2. Information that may result in the identity of a person who reported that he or she was sexually assaulted being revealed in connection with the sexual assault.

3. Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.

4. Information that discloses investigative techniques or procedures.

5. Information, the release of which is prohibited or restricted by law.

6. Any other information that may be prescribed.

Report copies

(5) The SIU Director shall give a copy of the report to each of the following persons:

1. The affected person or, if he or she is deceased, to his or her next of kin.

2. Each subject official in the investigation.

3. Each designated authority of a subject official or witness official in the investigation.

4. The Minister.

Same, minor or incapable person

(6) If a person referred to in paragraph 1 of subsection (5) is a minor or is incapable as defined in the Substitute Decisions Act, 1992, the copy shall be given to,

(a) the person’s parent or guardian, in the case of a minor; or

(b) in the case of an incapable person who is not a minor, the incapable person and his or her substitute decision maker under that Act.

Delay

(7) Subsections (1) and (5) do not apply until the SIU Director determines that there is no risk that compliance with either of those subsections may compromise the integrity of an investigation under Part IV or of a criminal investigation or proceeding.

Notice

(8) If, as a result of subsection (7), a report is not published under subsection (1) on the conclusion of an investigation, the SIU Director shall publish notice on the website of the Ontario Special Investigations Unit that an investigation that has not resulted in charges has been concluded but that the resulting report is being withheld pending a determination under subsection (7).

No publication

(9) Despite subsection (1), if the incident investigated under section 16 was the reported sexual assault of the affected person, and the SIU Director is of the opinion that the person’s privacy interests in not having the report published clearly outweighs the public interest in having the report published, the SIU Director may decide not to publish the report, subject to prior consultation with the person.

Other public notice

Ancillary investigation

37 (1) If the regulations so provide, the SIU Director shall give public notice, in accordance with the regulations and containing the prescribed information, respecting the outcome of an investigation under section 19.

Other person

(2) If the regulations so provide, the SIU Director shall give public notice, in accordance with the regulations and containing the prescribed information, respecting the outcome of an investigation under section 16 into the conduct of a person referred to in section 18.

Investigation timing

38 (1) The SIU Director shall endeavour to ensure that, no later than 120 days after the commencement of an investigation under this Part into the conduct of an official,

(a) the investigation is concluded; and

(b) public notice is given under subsection 35 (1), 36 (1) or 37 (1), as the case may be, subject to subsections 36 (7) and (9).

Status report

(2) If the timing requirements of subsection (1) are not met, the SIU Director shall make a public statement respecting the status of the investigation every 60 days until the investigation is concluded, subject to subsection (3).

Exception

(3) Subsection (2) does not apply in respect of a requirement to make a public statement if, in the opinion of the SIU Director, doing so may compromise the integrity of the investigation.

Notice to Complaints Director

39 (1) The SIU Director shall notify the Complaints Director of any complaint or issue raised during an investigation under this Part respecting the conduct of a person against whom a complaint may be brought under Part IV, if the conduct may constitute professional misconduct.

Failure to comply

(2) In giving notice under subsection (1), the SIU Director shall indicate whether, in his or her opinion, the person who is the subject of the notice failed to comply with a direction or request received from the SIU Director or an investigator in an investigation when required to do so under this Part.

Access to SIU files

(3) Subject to subsection (4),  the SIU Director may make the files of the Ontario Special Investigations Unit respecting an investigation under this Part available to the Complaints Director, on the Complaints Director’s request.

Restriction

(4) Subsection (3) applies only after the investigation is concluded.

Notice to individual not required

(5) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply to subsection (3).

Notice to Inspector General of Policing

40 The SIU Director shall notify the Inspector General of Policing of any complaint or issue respecting a matter referred to in subsection 84 (1) of the Police Services Act, 2018 that is raised during an investigation.

Transition

41 An investigation commenced but not concluded under Part VII of the Police Services Act or under the Ontario Special Investigations Unit Act, 2018 before the day section 106 of Schedule 2 to the Safer Ontario Act, 2018 comes into force is continued under this Part.

Part III
Ontario Policing Complaints Agency

Ontario Policing Complaints Agency

42 (1) The office of the Independent Police Review Director is continued under the name “Ontario Policing Complaints Agency” in English and “Agence ontarienne des plaintes relatives aux services policiers” in French.

Composition

(2) The Ontario Policing Complaints Agency shall be headed by the Ontario Policing Complaints Director appointed under subsection 43 (1) and shall, in addition to the Director, consist of,

(a) investigators appointed under section 47; and

(b) persons appointed as employees in the Agency in accordance with section 48.

Ontario Policing Complaints Director

43 (1) The Lieutenant Governor in Council shall, on the recommendation of the Minister, appoint a person as Ontario Policing Complaints Director.

Restriction

(2) A person who is or was a person referred to in section 56 may not be appointed as Ontario Policing Complaints Director.

Term

(3) An appointment under subsection (1) shall be for a term of five years, and may be renewed for one further term of five years.

Remuneration

(4) The Ontario Policing Complaints Director shall be paid such remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in Council.

Delegation

(5) The Ontario Policing Complaints Director may in writing delegate any of his or her powers or duties under this Act to an employee in the Ontario Policing Complaints Agency, subject to such conditions or restrictions as the Director may set out in the delegation.

Functions

44 The Ontario Policing Complaints Director,

(a) shall administer the public complaints system and investigation processes under Part IV;

(b) shall implement public education, outreach and informational programs to make its functions better known to the public and to community organizations;

(c) shall implement programs and services to assist members of the public in making complaints under Part IV;

(d) shall, in accordance with any requirements prescribed by the Minister and in consultation with such persons who represent the diversity of Ontario as the Complaints Director considers appropriate, provide training for employees in the Ontario Policing Complaints Agency that promotes recognition of and respect for,

(i) the diverse, multiracial and multicultural character of Ontario society, and

(ii) the rights and cultures of First Nation, Inuit and Métis Peoples;

(e) shall publish statistical reports for the purpose of informing the evaluation, management and improvement of the policing and policing oversight systems in Ontario; and

(f) shall perform the duties, and may exercise the powers, that are set out under this Act, as well as any additional duties and powers that may be prescribed.

Review of systemic issues

45 (1) The Complaints Director may examine and review issues of a systemic nature that,

(a) have been the subject of complaints or investigations under Part IV; or

(b) may contribute or are otherwise related to professional misconduct by police officers and special constables.

Prior notice to Inspector General of Policing

(2) Before commencing a review under this section, the Complaints Director shall notify the Inspector General of Policing.

Application of investigation powers to reviews

(3) Sections 68 to 74 apply, with necessary modifications, for the purposes of a review under this section.

Recommendations

(4) Following a review under subsection (1), the Complaints Director may,

(a) make written recommendations to the Inspector General of Policing, the Minister, the Minister responsible for the administration of the Police Services Act, 2018, a chief of police, a police service board, a special constable employer or any other person or body; and

(b) require in writing that a person or body to whom recommendations are made under clause (a) provide a written response, which must include a statement as to whether the recommendations have been accepted and, if not, the reasons why.

Timing of response

(5) A response shall be provided under clause (4) (b) as soon as possible, but in no event later than six months after notification of the requirement is given by the Complaints Director.

Report

(6) The Complaints Director shall issue a report of every review under subsection (1), including any recommendations, and shall provide a copy of the report to the Inspector General of Policing.

Publication

(7) The report and every response provided under clause (4) (b) shall be published on the Ontario Policing Complaints Agency’s website.

Notice to SIU Director

(8) If the Complaints Director determines that a matter being reviewed under this section may constitute a matter that may be investigated by the SIU Director under Part II, the Complaints Director shall notify the SIU Director.

Notice to Inspector General of Policing

(9) If the Complaints Director determines that a matter being reviewed under this section may constitute criminal conduct that may not be investigated by the SIU Director under Part II, the Complaints Director may notify the Inspector General of Policing.

Rules

46 (1) The Complaints Director may make procedural rules for anything related to his or her powers and duties under this Act.

Publication

(2) Rules made under subsection (1) shall be in writing and shall be published on the Ontario Policing Complaints Agency’s website.

Not a regulation

(3) Part III of the Legislation Act, 2006 does not apply to rules made under subsection (1).

Investigators

47 (1) The Complaints Director may appoint as investigators such employees in the Ontario Policing Complaints Agency or other persons as he or she considers necessary to carry out reviews under section 45 and investigations under Part IV, and such appointments shall be in writing.

Restriction

(2) A person referred to in section 56 may not be appointed as an investigator.

Restriction, requirements and qualifications

(3) A person may not be appointed as an investigator unless he or she meets the requirements and qualifications prescribed by the Minister, if any.

Limit on former officers, constables

(4) The number or proportion of persons who were any of the persons referred to in section 56 and that are appointed as investigators or as a class of investigators prescribed by the Minister under clause 104 (g) shall not exceed any limits that may be prescribed by the Minister.

Proof of appointment

(5) Every investigator who exercises powers under this Act shall, on request, produce evidence of his or her appointment.

Director as investigator

(6) Any power of an investigator appointed under this section may be exercised by the Complaints Director.

Employees

48 (1) Such employees as are considered necessary for the proper conduct of the Ontario Policing Complaints Agency may be appointed under Part III of the Public Service of Ontario Act, 2006.

Restriction

(2) A person referred to in section 56 may not be appointed as an employee for the purposes of subsection (1).

Liaisons

Police service

49 (1) Every chief of police shall designate a senior officer within his or her police service to serve as a liaison to the Complaints Director on behalf of the police service.

Special constable employer

(2) Every special constable employer shall designate from within his or her workplace a senior representative of the employer to serve as a liaison to the Complaints Director on behalf of the employer.

Additional liaisons

(3) The Lieutenant Governor in Council may make regulations requiring the designation of other persons to serve as liaisons to the Complaints Director on behalf of other entities.

Collection, use and disclosure of personal information

Collection

50 (1) The Complaints Director may, in accordance with this section, collect prescribed personal information for the purposes of clause 44 (e).

Limits on collection

(2) The Complaints Director shall not collect personal information under this section if other information will meet the purposes of clause 44 (e), and shall not collect more personal information under this section than is reasonably necessary to meet those purposes.

Manner of collection

(3) Personal information shall only be collected under this section directly from the individual to whom the information relates, with the individual’s consent.

Same

(4) Despite subsection (3), if the regulations so provide, the Complaints Director may, in the circumstances specified by the regulations, collect such prescribed personal information as the regulations specify in a manner other than directly from the individual to whom the information relates. 

Notice of direct collection

(5) Before seeking an individual’s consent to collect personal information directly from the individual to whom the information relates, the Complaints Director shall inform the individual of,

(a) the authority for and purposes of the collection; and

(b) the title and contact information, including an email address, of an employee in the Ontario Policing Complaints Agency who can answer the individual’s questions about the collection.

Notice of indirect collection

(6) If the regulations referred to in subsection (4) provide for the collection of personal information in a manner other than directly from the individual to whom the information relates, the Complaints Director shall, before collecting personal information in such a manner, ensure that notice of the collection is published on the website of the Ontario Policing Complaints Agency containing,

(a) a statement that the collection is authorized under subsection (1) and setting out the purposes of the collection;

(b) the personal information and circumstances specified by the regulations referred to in subsection (4) for the purposes of the collection; and

(c) the title and contact information, including an email address, of an employee in the Ontario Policing Complaints Agency who can answer an individual’s questions about the collection.

De-identification

(7) The Complaints Director shall immediately de-identify, in the prescribed manner, personal information collected under this section.

Limits on use

(8) The Complaints Director shall not use personal information collected under this section unless it has been de-identified under subsection (7), and may only use de-identified personal information for the purposes of clause 44 (e).

Limit on access

(9) The Complaints Director shall limit access to the personal information collected under this section to employees in the Ontario Policing Complaints Agency and investigators, for the purposes of,

(a) de-identifying the personal information under subsection (7); or

(b) disclosing personal information under subsection (10).

Limits on disclosure

(10) The Complaints Director, an employee in the Ontario Policing Complaints Agency or an investigator may disclose personal information collected under this section only if,

(a) the individual to whom the information relates has identified that information in particular and consented to its disclosure;

(b) the disclosure is required by law, including as required under section 31 of the Human Rights Code;

(c) subject to subsection (11), the disclosure is for the purpose of a proceeding or contemplated proceeding, the information relates to or is a matter in issue in the proceeding or contemplated proceeding, and,

(i) the Complaints Director is, or is expected to be, a party, or

(ii) any of the following is, or is expected to be, a witness:

(A) a current or former employee in the Ontario Policing Complaints Agency,

(B) a current or former investigator appointed under section 47, or

(C) a former employee in or investigator with the office of the Independent Police Review Director, before its continuance under Part III; or

(d) the disclosure is to the Information and Privacy Commissioner.

Same

(11) The Complaints Director, an employee in the Ontario Policing Complaints Agency or an investigator appointed under section 47 shall not disclose personal information under clause (10) (c) if other information will meet the purposes of the proceeding or contemplated proceeding, and shall not disclose more personal information under that clause than is reasonably necessary to meet those purposes.

Other Acts

(12) In the event of a conflict, this section prevails over sections 38, 39, 41, 42 and 43 of the Freedom of Information and Protection of Privacy Act, but the authority to collect, use and disclose personal information under this section is subject to any limits on collection, use or disclosure under any other law.

Rights of access and correction

(13) Nothing in this section limits the right of an individual under any Act to access and correct personal information about the individual.

Non-application

(14) For greater certainty, this section does not apply with respect to personal information lawfully collected by the Complaints Director for a purpose other than for the purposes of clause 44 (e).

Annual report

51 (1) The Complaints Director shall prepare an annual report on the affairs of the Ontario Policing Complaints Agency, provide it to the Minister and make it available to the public.

Same

(2) The Complaints Director shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(c) when and how to make it available to the public.

Same

(3) The Complaints Director shall include such additional content in the annual report as the Minister may require.

Confidentiality

52 The Complaints Director and every investigator appointed under section 47, employee in the Ontario Policing Complaints Agency and person exercising powers or performing duties at the direction of the Complaints Director shall preserve secrecy in respect of all information obtained by him or her in the course of exercising a power or performing a duty under this Act and shall not communicate any such information to any person except,

(a) as may be required in connection with the administration of this Act, the Police Services Act, 2018, the Ontario Policing Discipline Tribunal Act, 2018 or the regulations made under any of them;

(b) to his or her counsel;

(c) as may be required for law enforcement purposes; or

(d) with the consent of the person, if any, to whom the information relates.

Protection from personal liability

53 (1) No action or other proceeding may be instituted against the Complaints Director, an investigator appointed under section 47, an employee in the Ontario Policing Complaints Agency or a person exercising powers or performing duties at the direction of the Complaints Director 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 not relieved of 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

54 (1) The Complaints Director, an investigator appointed under section 47, an employee in the Ontario Policing Complaints Agency, or a person exercising powers or performing duties at the direction of the Complaints Director shall not be required to give testimony in a civil proceeding, other than a proceeding under Part IV or a predecessor of that Part, with respect to information obtained by him or her in the course of exercising a power or performing a duty under this Act or a predecessor of this Act.

Inadmissibility of documents

(2) A document prepared under this Act by the Complaints Director, an investigator appointed under section 47, an employee in the Ontario Policing Complaints Agency or a person exercising powers or performing duties at the direction of the Complaints Director is not admissible in a civil proceeding, other than a proceeding or a judicial review of a decision made under Part IV or a predecessor of that Part.

Part IV
Public Complaints, Investigations and Hearings

Interpretation

Definitions

55 (1) In this Part,

“complainant” means a person who makes a complaint under subsection 58 (1); (“plaignant”)

“designated authority” means,

(a) in relation to a police officer other than a police officer referred to in clause (b), (c) or (d), the chief of police of the police service of which the police officer is a member,

(b) in relation to the Commissioner of the Ontario Provincial Police or deputy Commissioner, the Minister responsible for the administration of the Police Services Act, 2018,

(c) in relation to any other chief of police or deputy chief of police, the police service board that maintains the police service of which the chief or deputy chief is a member,

(d) in relation to a police officer appointed under the Interprovincial Policing Act, 2009, the appointing official or local commander who appointed the police officer under that Act,

(e) in relation to a special constable who is a member of a police service, the chief of police of the police service of which the special constable is a member, and

(f) in relation to a special constable who is not a member of a police service, his or her special constable employer; (“autorité désignée”)

“investigator” means an investigator appointed under section 47; (“enquêteur”)

“Tribunal” means the Ontario Policing Discipline Tribunal. (“Tribunal”)

Interpretation, portion of a complaint

(2) This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise.

Application of Part

56 (1) This Part applies with respect to the conduct of police officers and special constables.

Same, additional persons by regulation

(2) If the regulations so provide, this Part applies, with such modifications as the regulations may specify, with respect to the conduct of any other persons who may be prescribed.

Determination of public interest in an investigation

57 For the purposes of a determination under this Part as to whether or not it is in the public interest to cause an investigation into the conduct of a police officer or special constable to be conducted or continued, the Complaints Director shall consider,

(a) whether the conduct has been or is currently the subject of an investigation under this Act or a predecessor of this Act;

(b) whether the conduct could be more appropriately dealt with, in whole or in part, under another Act or law or in another adequate forum;

(c) whether a decision to not conduct or continue an investigation would negatively impact public confidence in the policing oversight system; and

(d) whether an investigation is reasonably practicable, having regard to the information or evidence available.

Public Complaints

Public complaints

58 (1) Any person may make a complaint to the Complaints Director about the conduct of a police officer or special constable, subject to subsection (2).

Restriction

(2) A complaint may not be made under subsection (1) by,

(a) the Minister responsible for the administration of the Police Services Act, 2018;

(b) the Inspector General of Policing;

(c) an investigator appointed under section 47 or an employee in the Ontario Policing Complaints Agency;

(d) a member of or employee in the Tribunal;

(e) the SIU Director, an investigator appointed under section 7 or an employee in the Ontario Special Investigations Unit;

(f) a member of a police service, in respect of another member of that police service;

(g) a special constable employed by a special constable employer, in respect of another special constable employed by that employer;

(h) a member of a police association, in respect of a member of the police service to which the police association’s members belong;

(i) a member of a union, association or collective bargaining agent other than a police association, that represents special constables, in respect of another member of that union, association or collective bargaining agent;

(j) a member or employee of a police service board, in respect of a member of a police service maintained by the board;

(k) a special constable employer, in respect of a special constable employed by the special constable employer;

(l) a person selected by the council of a municipality to advise another municipality’s police service board under subsection 26 (2) of the Police Services Act, 2018, in respect of a police officer who is a member of a police service maintained by that board; or

(m) any other person who may be prescribed.

Complainant on behalf of minor, incapable person

(3) A complaint may be made under subsection (1) on behalf of,

(a) a person who is a minor, by the person’s parent or guardian; and

(b) a person who is incapable as defined in the Substitute Decisions Act, 1992 and who is not a minor, by his or her substitute decision-maker under that Act.

Complaint through agent

(4) A complainant may act through an agent in respect of a complaint made under this Part.

Same

(5) If a complainant acts through an agent, a requirement under this Part to give notice to the complainant may be met by giving notice to the complainant’s agent.

Same, restricted persons

(6) For greater certainty, a person referred to in subsection (2) may not make a complaint by acting through an agent under subsection (4).

Misdirected complaint

(7) If a person who may make a complaint about the conduct of a police officer or special constable under subsection (1) instead makes the complaint to a member of a police service, police service board, special constable or special constable employer, the member, board, special constable or employer shall,

(a) provide to the person information about the Complaints Director’s role in the oversight of policing in Ontario, and inform the person that the complaint may be made to the Complaints Director and how to do so; and

(b) forward the complaint to the Complaints Director, if the person requests it.

Same

(8) A complaint forwarded to the Complaints Director under clause (7) (b) on a person’s request is deemed to have been made by the person under subsection (1).

Complaints from another province or territory

59 (1) If the Minister responsible for the administration of the Police Services Act, 2018, a chief of police or a police service board receives a report from a person or body responsible for reviewing complaints about police officers in another province or territory about a complaint made against an Ontario police officer appointed to act as a police officer in that province or territory, the Minister, chief or board shall give the report to the Complaints Director.

Same

(2) A report described in subsection (1), whether received in accordance with that subsection or directly from the person or body that prepared the report, is, on its receipt, deemed to be a complaint made to the Complaints Director under this Part and, for the purpose, the person or entity that brought the complaint in the other province or territory and the person or body that prepared the report are deemed to be complainants.

Review of complaints

60 (1) The Complaints Director shall review every complaint made under this Part and determine whether the complaint is about the conduct of a police officer or special constable, as the case may be.

Complaint re conduct

(2) If the Complaints Director determines that a complaint is about the conduct of a police officer or special constable, the Complaints Director shall cause the complaint to be investigated, subject to section 61, and shall promptly give notice of the investigation and of the substance of the complaint to the police officer or special constable and to the applicable designated authority.

Exception

(3) The Complaints Director is not required to provide notice to a police officer or special constable under subsection (2) if, in the Complaints Director’s opinion, doing so may prejudice the investigation.

Other matter

(4) If the Complaints Director determines that a complaint is not about the conduct of a police officer or special constable, the Complaints Director shall refuse to deal with the matter and shall promptly give notice of the refusal, with reasons, to the complainant, the police officer or special constable and the applicable designated authority.

Refusal to investigate

61 (1) The Complaints Director may refuse to investigate a complaint about the conduct of a police officer or special constable if,

(a) the facts on which the complaint is based occurred more than six months before the complaint is made;

(b) the complainant was not affected by the conduct, as determined under subsection (3);

(c) the complaint alleges conduct that does not, on its face, constitute professional misconduct; or

(d) in the Complaints Director’s opinion,

(i) the complaint is frivolous, vexatious or made in bad faith, or

(ii) having regard to all the circumstances, dealing with the complaint is not in the public interest.

Six month period

(2) For the purposes of clause (1) (a), the Complaints Director shall consider,

(a) whether the complainant is a minor or under a disability within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005, or is a complainant referred to in subsection 58 (3) acting on behalf of a minor or incapable person;

(b) whether the complainant is or was subject to a criminal investigation or proceeding in respect of the events underlying the complaint; and

(c) whether, having regard to all the circumstances, it is in the public interest for the complaint to be investigated.

Persons affected by conduct

(3) For the purposes of clause (1) (b), only the following persons shall be considered to have been affected by the conduct of a police officer or special constable:

1. A person at whom the conduct was directed.

2. A person who saw or heard the conduct or its effects as a result of being physically present at the time and place that the conduct or its effects occurred.

3. A person who,

i. was in a personal relationship with a person described in paragraph 1 at the time that the conduct occurred, and

ii. suffered loss, damage, distress, danger or inconvenience as a result of the conduct.

4. A person who has knowledge of the conduct or has, in his or her possession or under his or her control, anything relating to the conduct if, in the Complaints Director’s opinion, the knowledge or thing constitutes compelling evidence that the conduct complained of is professional misconduct.

Same

(4) In the case of a complainant referred to in subsection 58 (3) who is acting on behalf of a minor or incapable person, a determination under clause (1) (b) shall be made in respect of the minor or incapable person rather than in respect of the complainant.

Notice

(5) If the Complaints Director refuses to investigate a complaint in accordance with this section, he or she shall give notice of the refusal, with reasons, and of the substance of the complaint to,

(a) the complainant;

(b) the police officer or special constable who is the subject of the complaint; and

(c) the applicable designated authority.

Withdrawal of complaint

62 (1) Subject to subsection (2), a complainant may withdraw his or her complaint on notice to the Complaints Director.

Restriction

(2) A complaint may not be withdrawn after the conclusion of an investigation under this Part.

Discontinuance

(3) Subject to subsection (4), the Complaints Director shall cease to deal with a complaint that is withdrawn, including discontinuing any investigation commenced as a result of the complaint.

Continuance despite withdrawal

(4) The Complaints Director may continue to deal with a complaint despite its withdrawal if, in his or her opinion, it is in the public interest to do so.

Notice

(5) The Complaints Director shall give notice of the withdrawal of a complaint and, if applicable, notice of a decision to continue to deal with it despite its withdrawal, with reasons, to,

(a) the complainant;

(b) the police officer or special constable who is the subject of the complaint, subject to subsection (6); and

(c) the applicable designated authority.

Exception

(6) If the Complaints Director decides to continue to deal with a complaint despite its withdrawal, the Complaints Director is not required to give any notice under subsection (5) to the police officer or special constable who is the subject of the complaint if, in the Complaints Director’s opinion, doing so may prejudice the investigation.

No further notice to complainant

(7) The complainant is not entitled to any further notice respecting a complaint that the Complaints Director continues to deal with under subsection (4), despite anything to the contrary under this Part.

Power to investigate without complaint

Investigation in absence of complaint

63 (1) The Complaints Director may, in any of the following circumstances, cause an investigation to be conducted into the conduct of a police officer or special constable in the absence of a complaint under this Part if, in the Complaints Director’s opinion, there is a public interest in causing the investigation to be conducted:

1. Notice of the conduct has been given to the Complaints Director by,

i. the SIU Director under subsection 39 (1),

ii. an inspector under subsection 95 (2) of the Police Services Act, 2018,

iii. the Inspector General of Policing under section 140 of the Police Services Act, 2018, or

iv. a chief of police, a police service board or the Minister responsible for the administration of the Police Services Act, 2018 under section 148 of that Act.

2. Conduct that may constitute professional misconduct comes to the Complaints Director’s attention as a result of a complaint made under this Part but is not the subject of the complaint, or otherwise comes to the Complaints Director’s attention.

3. Any other circumstance that may be prescribed.

Limitation

(2) Subsection (1) does not apply with respect to conduct that occurred before the day this section came into force.

Notice of investigation

64 If the Complaints Director decides to cause an investigation to be conducted under subparagraph 1 i or ii or paragraph 2 or 3 of subsection 63 (1), the Complaints Director shall give notice of the decision, with reasons, and of the conduct to be investigated, to the police officer or special constable and to the applicable designated authority.

Notice to Inspector General of Policing

65 (1) The Complaints Director shall inform the Inspector General of Policing whether or not the Complaints Director will cause an investigation to be conducted into the conduct under subparagraph 1 iii of subsection 63 (1) and, if an investigation is not to be conducted, provide reasons for the decision.

Notice of investigation

(2) If the Complaints Director decides to cause an investigation to be conducted under subparagraph 1 iii of subsection 63 (1), the Complaints Director shall give notice of the decision, with reasons, and of the conduct to be investigated to the police officer or special constable and to the applicable designated authority.

Notice to chief, board or Minister

66 (1) The Complaints Director shall inform the chief of police, police service board or Minister responsible for the administration of the Police Services Act, 2018, as the case may be, whether or not the Complaints Director will cause an investigation to be conducted into the conduct under subparagraph 1 iv of subsection 63 (1) and, if an investigation is not to be conducted, provide reasons for the decision.

Notice of investigation

(2) If the Complaints Director decides to cause an investigation to be conducted under subparagraph 1 iv of subsection 63 (1), the Complaints Director shall give notice of the decision, with reasons, and of the conduct to be investigated to the police officer or special constable.

Exception, no notice to police officer, special constable

67 The Complaints Director is not required to give notice to a police officer or special constable under section 64, 65 or 66 if, in the Complaints Director’s opinion, doing so may prejudice the investigation.

Investigations

Assignment of investigators

68 Subject to section 81, the Complaints Director shall assign investigators for the purpose of conducting investigations under this Part.

Postponement

69 (1) If a matter to be investigated under this Part is the subject of a criminal investigation or proceeding, the Complaints Director may postpone the commencement of the investigation under this Part for as long as is necessary, in the Complaints Director’s opinion, to avoid interfering with the criminal investigation or proceeding.

Same

(2) Subsection (1) is in addition to the requirement in subsection 95 (3) to stay an investigation or review of a complaint if the subject matter of the complaint or investigation is the subject of an investigation by the SIU Director.

Public Inquiries Act, 2009

70 Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this Part.

Investigation powers, place owned or occupied by police, etc.

71 (1) If an investigator believes that to do so is necessary for the purposes of an investigation under this Part, he or she may, at any reasonable time, enter and search a place that is owned or occupied by a police service, a police service board or a special constable employer on notice to the owner or occupier of the place.

Powers on entry

(2) An investigator conducting an investigation at a place referred to in subsection (1) may,

(a) require a person to produce or provide access to any record, thing, data or information that relates to the investigation;

(b) search for, examine, copy or remove any record, thing, data or information that relates to the investigation; and

(c) use any data storage, processing or retrieval device or system used at or available to the place in order to produce, in readable form, any record, data or information that relates to the investigation.

Expert help

(3) The investigator may be accompanied and assisted by persons who have special, expert or professional knowledge.

Obligation to produce and assist

(4) If the investigator requires that a person produce or provide access to a record, thing, data or information, the person shall do so in the manner and within the period specified by the investigator and shall, if requested to do so, provide any assistance that is reasonably necessary to permit the investigator to understand the record, thing, data or information.

Restriction on dwellings

(5) The investigator shall not enter, without the occupier’s consent, a room that is actually used as a dwelling.

No force

(6) The investigator shall not use force to enter and search a place.

Order

(7) A justice of the peace or provincial judge may, on application by the investigator without notice, issue an order authorizing an investigator to enter and search a place referred to in subsection (1) and to exercise any of the powers set out in subsection (2), (3) or (4) if the justice of the peace or provincial judge is satisfied on information under oath that there are reasonable grounds to suspect that,

(a) the investigator has been prevented from exercising a right of entry to the place under subsection (1) or has been prevented from exercising a power under subsection (2), (3) or (4); or

(b) the investigator will likely be prevented from exercising a right of entry to the place under subsection (1) or will likely be prevented from exercising a power under subsection (2), (3) or (4).

Conditions

(8) The order may contain terms and conditions in addition to those provided for in subsection (7) as the justice of the peace or provincial judge considers advisable in the circumstances.

Expiry of order

(9) The order is valid for 30 days or for such shorter period as may be specified in it.

Further orders

(10) A justice of the peace or provincial judge may issue further orders under subsection (7).

Use of force

(11) The investigator named in the order may use whatever force is necessary to execute the order and may call upon a police officer for assistance in executing the order.

Definition

(12) In this section and in section 72,

“place” includes a building, a receptacle and a vehicle.

Investigation powers, other places

72 (1) A justice of the peace or a provincial judge may, on application by an investigator without notice, issue an order in relation to a place other than one to which section 71 applies authorizing the investigator to enter the place for which the order is issued and exercise any of the powers set out in the order in relation to a record, thing, data or information listed in the order, if the justice of the peace or provincial judge is satisfied by information under oath that,

(a) the investigation relates to the conduct of a police officer or special constable;

(b) there are reasonable grounds to believe that the conduct constitutes professional misconduct;

(c) there are reasonable grounds to believe that there is in the place a record, thing, data or information that relates to the investigation; and

(d) it is in the best interests of the administration of justice to issue the order having regard to all relevant matters, including the nature of the place sought to be entered.

Powers on entry

(2) The order may authorize the investigator to exercise any or all of the powers set out in subsection 71 (2).

Dwelling

(3) Despite subsection (1), the investigator shall not exercise the power under an order to enter a place or part of a place used as a dwelling, unless the justice of the peace or provincial judge is informed that the order is being sought to authorize entry into a dwelling and the order authorizes the entry into the dwelling.

Expert help

(4) An order issued under subsection (1) may authorize persons who have special, expert or professional knowledge to accompany and assist the investigator in the execution of the order.

Conditions

(5) The order may contain any additional terms and conditions that the justice of the peace or provincial judge considers advisable in the circumstances.

Time of execution

(6) The order shall be executed between 6 a.m. and 9 p.m., unless it specifies otherwise.

Expiry of order

(7) The order is valid for 30 days or for such shorter period as may be specified in it.

Further orders

(8) A justice of the peace or provincial judge may issue further orders under subsection (1).

Use of force

(9) The investigator named in the order may use whatever force is necessary to execute the order and may call upon a police officer for assistance in executing the order.

Records or things removed

73 (1) An investigator shall give a receipt to any person from whom a record or thing is removed in the exercise of a power under section 71 or 72.

Detention of record or thing

(2) An investigator may, subject to subsection (3), detain any record or other thing removed by him or her under section 71 or 72.

Requirement to return

(3) An investigator shall, within a reasonable time, return any record or other thing detained by him or her under subsection (2) to the person from whom it was removed, if the investigator is satisfied that it is no longer necessary to detain the record or thing for the purposes of the investigation or any proceeding arising from the investigation.

Removal under order

(4) If an investigator removes a record or other thing under an order issued under subsection 72 (1), the investigator, or a person designated by him or her, shall, as soon as is reasonably possible,

(a) bring the record or thing before a justice of the peace or provincial judge; or

(b) make a report of the removal of the record or thing to a justice of the peace or provincial judge.

Same

(5) If the justice of the peace or provincial judge is satisfied that the record or thing should be detained for the purposes of the investigation or proceeding arising from the investigation, he or she shall order that the record or thing be detained in the care of the investigator or a person designated by the investigator, or in the care of a person designated by the Complaints Director, until the conclusion of the investigation and any such proceeding; otherwise, the justice of the peace or provincial judge shall order that the record or thing be returned to the person from whom it was removed.

Order for examination, testing, etc.

(6) On the motion of a person having an interest in a record or thing detained under subsection (2) or (5), on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the examination, testing, inspection or copying of the record or thing, and may specify in the order such conditions as are reasonably necessary in the circumstances.

Order for release

(7) On the motion of a person having an interest in a record or thing detained under subsection (2) or (5), on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the release of the record or thing to the person from whom it was removed, if it appears that the record or thing is no longer necessary for the purposes of the investigation or any proceeding arising from the investigation.

Appeal of order by justice of the peace

(8) Subsection 159 (5) of the Provincial Offences Act applies, with necessary modifications, to an order made under subsection (6) or (7).

Copy admissible

74 A copy of a record or other thing that purports to be certified by an investigator as being a true copy of the original is, in the absence of proof to the contrary, admissible in evidence to the same extent as the original and has the same evidentiary value.

Discontinuance of investigation

75 (1) The Complaints Director may discontinue an investigation under this Part if he or she determines that, having regard to all the circumstances, continuing the investigation is not in the public interest.

Notice

(2) If the Complaints Director decides to discontinue an investigation in accordance with this section, he or she shall give notice of the decision, with reasons, to,

(a) the complainant, if any;

(b) the police officer or special constable who is the subject of the investigation; and

(c) the applicable designated authority.

Investigation timing

76 (1) The Complaints Director shall endeavour to ensure that investigations commenced under this Part are concluded within one year, not including any period during which an investigation is postponed under section 69 or stayed under subsection 95 (3).

Status report

(2) If the timing requirements of subsection (1) are not met in respect of an investigation, the Complaints Director shall, subject to subsection (3), give notice of the status of the investigation every 60 days until the investigation is concluded to,

(a) the complainant, if any;

(b) the police officer or special constable who is the subject of the investigation; and

(c) the applicable designated authority.

Same, exception

(3) A requirement under subsection (2) to give notice does not apply if, in the Complaints Director’s opinion, giving the notice may prejudice the investigation.

Investigation report

77 (1) On the conclusion of an investigation under this Part, the Complaints Director shall cause the investigation to be reported on in a written report, which shall, if the regulations made by the Minister so provide, contain the information prescribed by the Minister.

Non-application

(2) Subsection (1) does not apply to an investigation that is discontinued under section 62 or 75.

Report copies

(3) Subject to subsections (4) and (5), the Complaints Director shall give a copy of the report to the complainant, if any, the police officer or special constable who was the subject of the investigation and the applicable designated authority.

Delay

(4) Subsection (3) does not apply until the Complaints Director determines that there is no risk that compliance with that subsection may compromise the integrity of a criminal investigation or proceeding.

Same, hearing

(5) In the case of an investigation commenced as a result of a complaint made under this Part, if the Complaints Director refers the matter under section 79 to the Tribunal for a hearing, subsection (3) does not apply with respect to the complainant until the later of,

(a) the making of the determination referred to in subsection (4); and

(b) the final disposition of the hearing and appeal, if any, in the matter.

No reasonable grounds for hearing

78 (1) If, on the conclusion of an investigation under this Part, the Complaints Director does not have reasonable grounds to believe that the conduct of the police officer or special constable who was the subject of the investigation constitutes professional misconduct, he or she shall give notice of the determination, with reasons, to the complainant, the police officer or special constable and the applicable designated authority.

Publication of summary

(2) The Complaints Director shall publish on the Ontario Policing Complaints Agency’s website a de-identified summary of each determination made under this section.

Reasonable grounds for hearing

Referral to Tribunal

79 (1) Subject to subsection (2), if, on the conclusion of an investigation under this Part, the Complaints Director has reasonable grounds to believe that the conduct of the police officer or special constable who was the subject of the investigation constitutes professional misconduct, he or she shall refer the matter to the Tribunal for a hearing.

Referral to extra-provincial complaints body

(2) If the conduct is that of a police officer appointed under the Interprovincial Policing Act, 2009, the Complaints Director shall instead refer the matter, together with a copy of the written report on the investigation and any other information related to the investigation that he or she considers appropriate, to the person or body that is responsible for complaints made against the police officer in the province or territory where he or she was employed as a police officer at the time of his or her appointment under that Act.

Notice

(3) The Complaints Director shall give notice of a referral under subsection (1) or (2) to the complainant, if any, the police officer or special constable, the applicable designated authority and the Minister.

Same

(4) In giving notice to the Minister under subsection (3), the Complaints Director shall include a copy of the report on the investigation.

Informal resolution

80 (1) The Complaints Director may, at any time after the receipt of a complaint or during an investigation under this Part, attempt to resolve a complaint or a matter being investigated informally, in accordance with the rules made under section 46.

Same

(2) Rules made under section 46 for the purposes of subsection (1) may provide for resolution by way of alternative dispute resolution mechanisms, such as mediation.

Consent, consultation required

(3) Any resolution under subsection (1) by the Complaints Director is subject to,

(a) the consent of the complainant, if any, and of the police officer or special constable who is the subject of the complaint or investigation; and

(b) prior consultation by the Complaints Director with the applicable designated authority.

Same

(4) The Complaints Director may provide to the designated authority such information respecting the complaint or investigation as the Complaints Director considers necessary or advisable for the purposes of the consultation required by clause (3) (b).

Notice

(5) The Complaints Director shall give notice of a resolution under subsection (1) to the complainant, if any, the police officer or special constable and the applicable designated authority.

Directions

(6) In giving notice under subsection (5) to a designated authority, the Complaints Director may give any directions to the designated authority respecting the implementation of the resolution that the Complaints Director considers necessary, and the designated authority shall comply with any such directions.

Publication of summary

(7) The Complaints Director shall publish on the Ontario Policing Complaints Agency’s website a de-identified summary of each complaint or matter resolved under this section, including the fact, but not the terms, of any resolution.

Same

(8) If the regulations made by the Minister so provide, a summary under subsection (7) shall be published within the time prescribed by the Minister.

Inadmissibility of statements

(9) No statement made during an attempt at informal resolution under this section is admissible in a civil proceeding, including, despite section 10 of the Ontario Policing Discipline Tribunal Act, 2018, in a hearing before the Tribunal, except with the consent of the person who made the statement.

Non-application

(10) This section does not apply in the case of a police officer appointed under the Interprovincial Policing Act, 2009.

Investigation by chief of police

81 (1) The Complaints Director may direct a chief of police to conduct the investigation of a complaint made under this Part.

Note: On the earlier of a day to be named by proclamation of the Lieutenant Governor and the fifth anniversary of the day subsection 81 (1) of this Act comes into force, subsection 81 (1) of this Act is repealed and the following substituted: (See: 2018, c. 3, Sched. 2, s. 105)

Investigation by chief of police

(1) The Complaints Director may direct a chief of police to conduct an investigation under this Part if, in the Complaints Director’s opinion, it is necessary for the purposes of the investigation to obtain access to information that cannot be obtained through the use of the investigation powers under this Part. 2018, c. 3, Sched. 2, s. 105.

Same

(2) If the complaint is about the conduct of a police officer or of a special constable who is a member of a police service, the Complaints Director may only make a direction under subsection (1) to the chief of police of an unrelated police service.

Note: On the earlier of a day to be named by proclamation of the Lieutenant Governor and the fifth anniversary of the day subsection 81 (1) of this Act comes into force, subsection 81 (2) of this Act is repealed. (See: 2018, c. 3, Sched. 2, s. 105)

Same

(3) Despite subsection (2), the Complaints Director may make a direction under subsection (1) to the chief of police of the police service of which the police officer or special constable is a member, if, in the Complaints Director’s opinion, it is necessary for the purposes of the investigation to obtain access to information that cannot be obtained using the investigation powers of the unrelated police service.

Note: On the earlier of a day to be named by proclamation of the Lieutenant Governor and the fifth anniversary of the day subsection 81 (1) of this Act comes into force, subsection 81 (3) of this Act is repealed. (See: 2018, c. 3, Sched. 2, s. 105)

Same

(4) The costs of an investigation by a chief of police under subsection (1) shall be borne by the following:

1. If the person who is the subject of the complaint is a police officer or special constable who is a member of a police service, the police service board of that police service.

2. If the person who is the subject of the complaint is a member of the Ontario Provincial Police, the Minister responsible for the administration of the Police Services Act, 2018.

3. If the person who is the subject of the complaint is a special constable who is not a member of a police service, the special constable employer.

Note: On the earlier of a day to be named by proclamation of the Lieutenant Governor and the fifth anniversary of the day subsection 81 (1) of this Act comes into force, subsection 81 (4) of this Act is repealed. (See: 2018, c. 3, Sched. 2, s. 105)

Same

(5) For the purposes of this section, if the complaint is about the conduct of a person appointed as a police officer under the Interprovincial Policing Act, 2009, the person is deemed to be a member of the police service determined in accordance with subsection 4 (3) of this Act.

Note: On the earlier of a day to be named by proclamation of the Lieutenant Governor and the fifth anniversary of the day subsection 81 (1) of this Act comes into force, subsection 81 (5) of this Act is repealed. (See: 2018, c. 3, Sched. 2, s. 105)

Specific requirements

(6) In directing a chief of police to conduct an investigation under this section, the Complaints Director may require the chief of police to deal with the complaint as the Complaints Director specifies.

Duty to investigate

(7) A chief of police who receives a direction under this section shall promptly cause the complaint to be investigated, in accordance with any requirements specified by the Complaints Director under subsection (6), and shall report the results to the Complaints Director in writing in a report that meets the requirements, if any, prescribed by the Minister for the purposes of subsection 77 (1).

Investigation powers

(8) Sections 68 to 74 apply, with necessary modifications, for the purposes of an investigation under this section.

Notification of Director

(9) For the purposes of sections 95 and 96, if a chief of police acting under this section determines that the subject matter of an investigation may constitute a matter that may be investigated by the SIU Director under Part II, or a matter referred to in subsection 84 (1) of the Police Services Act, 2018, the chief of police shall promptly notify the Complaints Director.

Delegation

(10) A chief of police may in writing delegate any of his or her powers or duties under this section to a senior officer of the chief of police’s police service, subject to such conditions or restrictions as the chief of police may set out in the delegation.

Further steps

(11) After receiving a report under subsection (7), the Complaints Director shall,

(a) give copies of the report in accordance with section 77; and

(b) take the steps set out in section 78, 79 or 80, as the case may be.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 2, s. 105 - not in force

Hearings

Application

82 (1) On the referral of a matter to the Tribunal under subsection 79 (1), an application respecting the matter is deemed to have been commenced before the Tribunal by the Minister.

Parties

(2) The parties to the application are the Minister as applicant and the police officer or special constable who is the subject of the application as respondent.

Amendment of application

(3) The Minister may amend an application, subject to the Tribunal’s approval.

No requirement to give evidence

(4) Despite section 10 of the Ontario Policing Discipline Tribunal Act, 2018, the police officer or special constable who is the subject of an application shall not be required to give evidence at the hearing of the application.

Intervenors

83 The Complaints Director, the complainant, if any, or any other interested person may seek the Tribunal’s leave to intervene in an application.

Settlement

Prior approval required

84 (1) The settlement of an application is subject to the Tribunal’s approval.

Public notice

(2) If the Tribunal approves a settlement before the application is heard, the Tribunal shall make public the fact of the settlement, but not the terms of the settlement.

Same

(3) If the Tribunal approves a settlement after the hearing of the application has commenced, the Tribunal shall make public the terms of the settlement, unless the Tribunal determines that a person’s privacy interest in not making the terms public clearly outweighs the public interest in making the terms public.

Inadmissibility of statements

(4) No statement made during an attempt at the settlement of an application is admissible in a civil proceeding, including, despite section 10 of the Ontario Policing Discipline Tribunal Act, 2018, in a hearing before the Tribunal, except with the consent of the person who made the statement.

Withdrawal

85 Any withdrawal of an application shall be subject to the prior provision of reasons for the withdrawal to the Tribunal.

Orders

86 (1) If, following the hearing of the application, the Tribunal determines on a balance of probabilities that the conduct of the police officer or special constable constitutes professional misconduct, the Tribunal may make one or more of the following orders:

1. Reprimanding the police officer or special constable.

2. Imposing terms, conditions or limitations on the police officer or special constable’s appointment under the Police Services Act, 2018 for such time as the Tribunal may specify, including a requirement that,

i. the police officer or special constable undergo specified counselling, treatment or training, or

ii. the police officer or special constable participate in a specified program or activity.

3. Suspending the police officer or special constable’s appointment for a specified period not exceeding 24 months.

4. Revoking the police officer or special constable’s appointment.

5. If an appointment is revoked under paragraph 4, requiring that any future appointment as a police officer or special constable under the Police Services Act, 2018 be subject to specified terms, conditions or limitations for a specified period not exceeding the fifth anniversary of the day on which the appointment is made.

6. Prohibiting appointment as a police officer or special constable under the Police Services Act, 2018 for a specified period not exceeding the fifth anniversary of the day on which the order is made.

7. Subject to subsection (2), imposing any penalty that may be imposed under paragraphs 1 to 3 of subsection 150 (1) of the Police Services Act, 2018 or ordered under subsection 152 (6) of that Act.

8. Imposing a fine of not more than $35,000, to be paid by the police officer or special constable to the Minister of Finance for payment into the Consolidated Revenue Fund.

Orders subject to submissions

(2) Paragraph 7 of subsection (1) applies only,

(a) in the case of an application respecting a police officer or a special constable who is a member of a police service; and

(b) if submissions are made under section 87 respecting penalty.

Terms and conditions

(3) In making an order under subsection (1), the Tribunal may impose such terms and conditions as it considers appropriate.

Submissions respecting certain penalties

Application

87 (1) This section applies to applications respecting a police officer or a special constable who is a member of a police service.

Notice of hearing

(2) In addition to giving notice of a hearing to parties in accordance with section 6 of the Statutory Powers Procedure Act, the Tribunal shall give notice of a hearing in respect of an application to which this section applies to the applicable designated authority.

Submissions

(3) The designated authority is entitled to make submissions in the application, by counsel or otherwise, respecting the ordering of a penalty under paragraph 1, 2 or 7 of subsection 86 (1), if the designated authority gives notice to the parties and to the Tribunal no later than seven days after receiving notice of the hearing under subsection (2).

Employment history

(4) Submissions made by the designated authority may include evidence relating to the police officer or special constable’s employment or prior employment as a member of any police service.

Copies of orders, decisions

88 (1) The Tribunal shall give notice of an order made under section 86, or of a decision not to make an order under that section, to the applicable designated authority and to the Minister responsible for the administration of the Police Services Act, 2018.

Requirement to implement order

(2) The applicable designated authority and, if applicable, the police service board that maintains the police service of which the police officer or special constable is a member, shall promptly take any steps necessary to implement an order made under section 86.

Appeal by party

89 (1) Any party to the application may appeal a decision or order of the Tribunal to the Divisional Court no later than 30 days after receiving notice of the Tribunal’s decision or order.

Grounds

(2) An appeal under subsection (1) may be made on a question of law, on a question of mixed fact and law, from a penalty imposed, or any combination of them.

Notice to designated authority

(3) If a designated authority made submissions in the application under subsection 87 (3) respecting penalty, the party appealing the decision or order shall give to the designated authority any documents relating to the appeal.

Designated authority may be heard

(4) A designated authority referred to in subsection (3) is entitled to be heard on the appeal, by counsel or otherwise.

Appeal by designated authority

90 A designated authority who made submissions in the application under subsection 87 (3) respecting penalty may appeal an order of the Tribunal, on the question of penalty only, to the Divisional Court no later than 30 days after receiving notice of the Tribunal’s order and, for greater certainty, the designated authority is in that case a party to the appeal.

Notice to Tribunal, Complaints Director

91 (1) A party appealing a decision or order under section 89 or a designated authority appealing a question of penalty under section 90 shall give to the Tribunal and to the Complaints Director any documents relating to the appeal.

Tribunal, Complaints Director may be heard

(2) The Tribunal and the Complaints Director are entitled to be heard on the appeal, by counsel or otherwise.

No stay

92 An appeal under section 89 or 90 does not operate as a stay in the matter.

Other Matters

Resignation, retirement

93 (1) If, at any time after a complaint is made or an investigation is commenced under this Part and before the final disposition of the complaint or investigation, including of any application before the Tribunal and any appeal, the police officer or special constable who is the subject of the complaint resigns or retires, this Part continues to apply to the police officer or special constable despite the resignation or retirement.

Same

(2) For the purposes of subsection (1), references in this Part to the police officer or special constable who is the subject of a complaint or investigation shall be read as references to the police officer or special constable who resigned or retired.

Exception

(3) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.

Termination of officers appointed under the Interprovincial Policing Act, 2009

94 This Part applies to a police officer appointed under the Interprovincial Policing Act, 2009 even after his or her appointment under that Act is terminated.

Ontario Special Investigations Unit

Notice by Director

95 (1) If, on reviewing a complaint or at any time during an investigation under this Part, the Complaints Director determines that the subject matter of the complaint or investigation may constitute a matter that may be investigated by the SIU Director under Part II, the Complaints Director shall notify the SIU Director and shall give notice of the fact to,

(a) the complainant, if any;

(b) the police officer or special constable who is the subject of the complaint or investigation; and

(c) the applicable designated authority.

Same, exception

(2) A requirement to give notice under clause (1) (a), (b) or (c) does not apply if, in the Complaints Director’s opinion, giving the notice may prejudice the investigation.

Stay of investigation under this Part

(3) Subject to subsection (6), if the Complaints Director notifies the SIU Director under subsection (1), or otherwise becomes aware that the subject matter of a complaint or investigation under this Part respecting the conduct of a police officer or special constable is the subject of an investigation under Part II, no further steps shall be taken under this Part with respect to the complaint or investigation until the occurrence of one of the following:

1. A determination by the SIU Director that it shall not investigate the matter.

2. If the matter is investigated by the SIU Director and does not result in the laying of charges against the police officer or special constable, the conclusion of the investigation.

3. If charges are laid against the police officer or special constable as a result of an investigation by the SIU Director into the matter, the final disposition of the charges.

Access to Agency files

(4) The Complaints Director shall, on request of the SIU Director, make the files of the Ontario Policing Complaints Agency respecting a complaint or investigation under this Part available to the SIU Director, other than any document, information or other thing that the SIU Director would not be entitled to obtain or have access to under Part II.

Notice to individual not required

(5) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply to subsection (4).

Continuance with SIU Director consent

(6) The Complaints Director may, subject to the consent of the SIU Director, continue to deal with a complaint or investigation under this Part in the circumstances described in subsection (3), subject to any conditions or restrictions that the SIU Director may specify.

Limit on access to Agency files

(7) If the Complaints Director continues to deal with a complaint or investigation under subsection (6), subsection (4) ceases to apply and the Complaints Director shall not make the files available to the SIU Director.

Notice to Inspector General of Policing

96 (1) The Complaints Director shall notify the Inspector General of Policing of any matter referred to in subsection 84 (1) of the Police Services Act, 2018 that is raised in a complaint or during an investigation under this Part.

Same

(2) If, on reviewing a complaint or at any time during an investigation under this Part, the Complaints Director determines that the conduct of the police officer or special constable who is the subject of the complaint or investigation may constitute criminal conduct that may not be investigated by the SIU Director under Part II, the Complaints Director may notify the Inspector General of Policing of the conduct.

Notice to extra-provincial commander

97 An appointing official or local commander who receives a notice and any related information from the Complaints Director under this Part respecting a police officer appointed under the Interprovincial Policing Act, 2009 shall promptly forward a copy of the notice and any documentation to the police officer’s extra-provincial commander.

Public statements by Complaints Director

98 The Complaints Director may issue public statements respecting an ongoing investigation under this Part, if,

(a) the statement is aimed at preserving public confidence; and

(b) the benefit of preserving public confidence clearly outweighs any detriment to the integrity of the investigation.

Duty to comply

99 (1) The following persons shall comply with a direction or request received from the Complaints Director or an investigator in relation to an investigation under this Part, immediately or as otherwise specified under this Part, unless it is unlawful or impracticable to do so:

1. A police officer or special constable.

2. A designated authority.

3. Any person over whom a designated authority has authority, including any employees.

4. Any other person who may be prescribed.

Notification

(2) The Complaints Director shall immediately advise a police officer or special constable and the police officer or special constable’s designated authority respecting a failure of the police officer or special constable to comply with subsection (1) and, in doing so, shall inform each of them of the penalty to which a person is liable under section 101 on conviction of a failure to comply.

Prohibitions

100 (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or intimidate, any other person in relation to a complaint made or investigation conducted under this Part.

Same

(2) No person shall intentionally hinder or obstruct, or attempt to hinder or obstruct, the Complaints Director or an investigator in the performance of his or her duties under this Act, or furnish him or her with false information.

Offences and penalty

101 A person who fails to comply with subsection 99 (1), or who contravenes subsection 100 (1) or (2), is guilty of an offence and on conviction is liable,

(a) in the case of a first offence, to a fine of not more than $25,000, to imprisonment for a term of not more than one year, or to both;

(b) in the case of a second or subsequent offence, to a fine of not more than $50,000, to imprisonment for a term of not more than one year, or to both.

Transition

102 (1) Complaints made by a member of the public under Part V of the Police Services Act before its repeal shall continue to be dealt with in accordance with that Part as it read immediately before its repeal, subject to such modifications as may be set out in the regulations.

Same

(2) A complaint made about a policy of or service provided by a police service or the conduct of a police officer in relation to an event that occurred before this section came into force shall be dealt with in accordance with Part V of the Police Services Act as it read immediately before its repeal, subject to such modifications as may be set out in the regulations.

Part V
Regulations

Regulations, Lieutenant Governor in Council

103 (1) The Lieutenant Governor in Council may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, including regulations,

(a) respecting anything that, in this Act, may or must be prescribed or done by regulation, other than by the Minister;

(b) for the purposes of clause (d) of the definition of “official” in subsection 4 (1), prescribing additional persons and governing any transitional matters that arise as a result;

(c) permitting, requiring or otherwise providing for the disclosure of information respecting an ongoing investigation under Part II or an incident or matter being investigated, for the purposes of section 30;

(d) governing public notice for the purposes of section 37;

(e) for the purposes of subsection 56 (2), providing that Part IV applies with respect to the conduct of persons specified by the regulations, providing for modifications in the application of the Part for the purpose, and governing any transitional matters that arise as a result;

(f) governing procedures, conditions or requirements for the investigation of complaints under Part IV;

(g) providing for the payment of fees and expenses to witnesses at hearings conducted under Part IV;

(h) governing transitional matters relating to the enactment of this Act.

Conflict

(2) In the event of a conflict between a regulation made under clause (1) (f) and a procedural rule made under section 46, the regulation prevails to the extent of the conflict.

Regulations, Minister

104 The Minister may make regulations,

(a) respecting anything that, in this Act, may or must be prescribed by the Minister or done by regulation made by the Minister;

(b) governing the requirements and qualifications for appointment as an investigator under section 7, including in relation to training, evaluation and accreditation;

(c) establishing classes of investigators appointed under section 7 and setting out requirements and qualifications for each class;

(d) for the purposes of subsection 16 (7), providing for circumstances in which the SIU Director shall not investigate an incident under section 16 where immediate medical care was provided by an official, and specifying the meaning of “immediate medical care”;

(e) governing the assignment of investigators under section 21 to investigations under Part II, including,

(i) providing for a limit on the number or proportion of former officials that may be assigned as investigators, or as a class of investigators prescribed under clause (c), in relation to an investigation or a class of investigations, and

(ii) restricting the assignment of specified investigators to participate in investigations that relate to officials or classes of officials who are not members of a police service, and requiring that such investigators not participate in such investigations;

(f) governing the requirements and qualifications for appointment as an investigator under section 47, including in relation to training, evaluation and accreditation;

(g) establishing classes of investigators appointed under section 47 and setting out requirements and qualifications for each class;

(h) governing the publication of summaries of determinations by the Complaints Director under subsection 78 (2), including requiring that summaries be published within a specified time or period and, subject to the requirement in that subsection that summaries be de-identified, respecting information that summaries must contain.

Part VI (OMITTED)

105 Omitted (provides for amendments to this Act).

Part VII (OMITTED)

106 Omitted (amends, repeals or revokes other legislation).

Part VIII (OMITTED)

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

108 Omitted (enacts short title of this Act).

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