chapter 5
An Act to establish an Independent Police Review Director and create a new public complaints process by amending the Police Services Act
Assented to May 17, 2007
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) The definition of “Commission” in section 2 of the Police Services Act is repealed and the following substituted:
“Commission” means the Ontario Civilian Police Commission; (“Commission”)
(2) Section 2 of the Act is amended by adding the following definition:
“Independent Police Review Director” means the person appointed under subsection 26.1 (1); (“directeur indépendant d’examen de la police”)
2. Subsection 3 (1) of the Act is repealed.
3. Section 16.1 of the Act is amended by striking out “Ontario Civilian Commission on Police Services” and substituting “Ontario Civilian Police Commission”.
4. The heading to Part II of the Act is repealed and the following substituted:
PART II
Ontario Civilian Police Commission
5. Subsection 21 (1) of the Act is repealed and the following substituted:
Composition of Commission, etc.
(1) The commission known in English as the Ontario Civilian Commission on Police Services and in French as Commission civile des services policiers de l’Ontario is continued as the Ontario Civilian Police Commission in English and Commission civile de l’Ontario sur la police in French.
6. (1) Clause 22 (1) (e.1) of the Act is repealed.
(2) Clause 22 (1) (f) of the Act is repealed and the following substituted:
(f) hearing and disposing of matters referred to it by boards and appealed to it by police officers and complainants in accordance with Part V.
(3) Subsection 22 (3) of the Act is amended by striking out “65 (9), 70 (2), (3) or (4)” and substituting “69 (8), 77 (7), 87 (2), (3) or (4)”.
7. (1) Subsection 25 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Investigations into police matters
(1) The Commission may, on its own motion or at the request of the Solicitor General, the Independent Police Review Director, a municipal council or a board, investigate, inquire into and report on,
. . . . .
(2) Subsection 25 (3) of the Act is amended by adding “or the Independent Police Review Director” after “the Solicitor General”.
(3) Subsection 25 (4) of the Act is amended by striking out “section 68” and substituting “section 85”.
8. The Act is amended by adding the following Part:
Part II.1
Independent Police Review Director
Establishment of Independent Police Review Director
Appointment of Independent Police Review Director
26.1 (1) There shall be an Independent Police Review Director, who shall be appointed by the Lieutenant Governor in Council, on the recommendation of the Attorney General.
Restriction
(2) A person who is a police officer or former police officer shall not be appointed as Independent Police Review Director.
Remuneration
(3) The Independent Police Review Director shall be paid such remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in Council.
Employees
(4) Such employees as the Independent Police Review Director considers necessary to carry out his or her duties may be appointed under the Public Service Act.
Restriction
(5) A person who is a police officer shall not be appointed as an employee in the office of the Independent Police Review Director.
Delegation
(6) The Independent Police Review Director may in writing delegate any of his or her powers, duties or functions under this Act to an employee in his or her office, subject to such conditions as the Independent Police Review Director may set out in the delegation.
Regional offices
(7) The Independent Police Review Director may establish regional offices, and anything that is given to the Independent Police Review Director under this Act may be given at one of the regional offices.
Annual report
(8) After the end of each year, the Independent Police Review Director shall file with the Attorney General an annual report on the affairs of the office of the Independent Police Review Director, and shall make the report available to the public.
Confidentiality
(9) The Independent Police Review Director, any employee in the office of the Independent Police Review Director, any investigator appointed under subsection 26.5 (1) and any person exercising powers or performing duties at the direction of the Independent Police Review Director shall preserve secrecy in respect of all information obtained in the course of his or her duties 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 and the regulations;
(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.
Testimony
(10) The Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director shall not be required to give testimony in a civil proceeding with regard to information obtained in the course of his or her duties, except at a hearing held under Part V.
Inadmissibility of documents
(11) A document prepared in the course of his or her duties under this Act by the Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director is not admissible in a civil proceeding, except at a hearing held under Part V.
Immunity
(12) No action or other proceeding for damages lies or shall be instituted against the Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director, for any act done in good faith in the execution or intended execution of any power or the performance or intended performance of any duty under this Act or for any alleged neglect or default in the execution or performance in good faith of that power or duty.
Functions of the Independent Police Review Director
26.2 The functions of the Independent Police Review Director are,
(a) to manage complaints made to him or her by members of the public in accordance with Part V and the regulations; and
(b) to exercise such powers and perform such duties of the Independent Police Review Director as may be prescribed under paragraph 4.1 of subsection 135 (1).
Chief to designate liaison
26.3 Every chief of police shall designate a senior officer, as defined in section 114, within his or her police force to serve as a liaison with the Independent Police Review Director.
Investigation Powers
Public Inquiries Act powers
26.4 (1) For the purposes of an investigation or review under this Act, the Independent Police Review Director has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation or review as if it were an inquiry under that Act.
Same
(2) Where an investigator appointed under subsection 26.5 (1) or an employee in the office of the Independent Police Review Director is conducting an investigation or review on behalf of the Independent Police Review Director, he or she has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation or review as if it were an inquiry under that Act.
Investigators
26.5 (1) The Independent Police Review Director may appoint as investigators such employees in his or her office or other persons as he or she considers necessary to carry out investigations under Part V or the regulations, and such appointments shall be in writing.
Proof of appointment
(2) An investigator shall, when exercising his or her powers of investigation under this Act, produce the appointment if requested to do so.
Investigation powers, police premises
26.6 (1) If an investigator believes that to do so is necessary for the purposes of an investigation under this Act, he or she may, on notice to the chief of police or detachment commander of a police force, enter and search the station or detachment of that police force, including any vehicle that is owned by the police force wherever it may be located, at any reasonable time.
Powers on entry
(2) An investigator conducting an investigation at a station or detachment of a police force 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 premises 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.
No force
(5) The investigator shall not use force to enter and search a station or detachment of a police force under this section.
Order
(6) 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 premises described 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, as the case may be, 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 premises 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 premises under subsection (1) or will likely be prevented from exercising a power under subsection (2), (3) or (4).
Conditions
(7) The order may contain terms and conditions in addition to those provided for in subsection (6) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances.
Expiry of order
(8) The order is valid for 30 days or for such shorter period as may be specified in it.
Further orders
(9) A justice of the peace or provincial judge may issue further orders under subsection (6).
Use of force
(10) 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.
Investigation powers, other premises
26.7 (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 26.6 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, as the case may be, is satisfied by information under oath that,
(a) the investigation relates to the conduct of a police officer;
(b) there are reasonable grounds to believe that the conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance;
(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, in relation to the investigation, authorize the investigator to exercise any or all of the powers set out in subsection 26.4 (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) The 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 terms and conditions in addition to those provided for in this section as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances.
Time of execution
(6) The order shall be executed between 6 a.m. and 9 p.m., unless the order 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.
Definition
(10) In this section,
“place” includes a building, a receptacle and a vehicle.
Records or things removed
26.8 (1) In removing a record or other thing while acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) or 26.7 (1), an investigator shall give a receipt to the person from whom the record or thing is removed.
Detention of record or thing
(2) A record or other thing removed by an investigator acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) may be detained by him or her.
Same
(3) The investigator shall return within a reasonable time a record or other thing detained by him or her under subsection (2) to the person from whom the record or thing 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 under this Act arising from the investigation.
Same
(4) Where an investigator has removed a record or other thing under an order issued under subsection 26.7 (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) When, under subsection (4), a record or other thing that has been removed is brought before a justice of the peace or provincial judge, or a report in respect of it is made to a justice of the peace or provincial judge, he or she shall,
(a) if he or she is satisfied that the record or thing should be detained for the purposes of an investigation or proceeding under this Act arising from the investigation, order that it 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 Independent Police Review Director, until the conclusion of the investigation or proceeding, if any; or
(b) in any other case, order that the record or thing be returned to the person from whom it was removed.
Same
(6) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and 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.
Same
(7) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and 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 under this Act arising from the investigation.
Same
(8) Subsection 159 (5) of the Provincial Offences Act applies, with necessary modifications, to an order made under subsection (6) or (7).
Copy admissible in evidence
26.9 A copy of a record or other thing that purports to be certified by the 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.
9. (1) Clause 31 (1) (i) of the Act is repealed and the following substituted:
(i) establish guidelines for dealing with complaints under Part V, subject to subsection (1.1);
(2) Section 31 of the Act is amended by adding the following subsection:
Restriction
(1.1) Guidelines in respect of complaints made by members of the public under Part V shall not be established by the board unless they are consistent with,
(a) any procedural rules or guidelines for the handling of public complaints established under clause 56 (1) (b) by the Independent Police Review Director; and
(b) any procedure, condition or requirement made by regulation under paragraph 26.4 of subsection 135 (1).
10. Part V of the Act is repealed and the following substituted:
Part V
complaints and Disciplinary Proceedings
Public Complaints Made to the Independent Police Review Director
Powers of Independent Police Review Director
56. (1) For the purposes of this Part, the Independent Police Review Director may,
(a) establish procedural rules for anything related to the powers, duties or functions of the Independent Police Review Director under this Part;
(b) establish procedural rules and guidelines for the handling by chiefs of police and boards of complaints made by members of the public under this Part; and
(c) provide guidance to assist chiefs of police and boards in the handling of complaints made by members of the public under this Part.
Publicly available
(2) Procedural rules established by the Independent Police Review Director under clause (1) (a) shall be in writing and shall be made available to the public in a readily accessible manner.
Not a regulation
(3) A rule or guideline established by the Independent Police Review Director under subsection (1) is not a regulation within the meaning of the Regulations Act.
Review of systemic issues
57. In addition to his or her other functions under this Act, the Independent Police Review Director may examine and review issues of a systemic nature that are the subject of, or that give rise to, complaints made by members of the public under this Part and may make recommendations respecting such issues to the Solicitor General, the Attorney General, chiefs of police, boards, or any other person or body.
Complaint may be made to Independent Police Review Director
58. (1) Any member of the public may make a complaint under this Part to the Independent Police Review Director about,
(a) the policies of or services provided by a police force; or
(b) the conduct of a police officer.
Prohibition
(2) Despite subsection (1), the following persons cannot make a complaint to the Independent Police Review Director:
1. The Solicitor General.
2. An employee in the office of the Independent Police Review Director.
3. A member or employee of the Commission.
4. A member or auxiliary member of a police force, if that police force or another member of that police force is the subject of the complaint.
5. An employee of the Ontario Provincial Police, if the Ontario Provincial Police or a member of the Ontario Provincial Police is the subject of the complaint.
6. A member or employee of a board, if the board is responsible for the police force that is, or a member of which is, the subject of the complaint.
7. A person selected by the council of a municipality to advise another municipality’s board under subsection 6.1 (2), if the board is responsible for the police force that is, or a member of which is, the subject of the complaint.
8. A delegate to a community policing advisory committee established under subsection 5.1 (4), if the community policing advisory committee advises the detachment commander of the Ontario Provincial Police detachment that is, or a member of which is, the subject of the complaint.
Complaint through agent
(3) A complainant under subsection (1) may act through an agent in respect of a complaint made under this Part.
Public education, assistance
(4) The Independent Police Review Director shall provide publicly accessible information about the public complaints system under this Part and shall arrange for the provision of assistance to members of the public in making a complaint.
Interpretation, portion of a complaint
(5) This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise.
Independent Police Review Director to review complaints
59. (1) The Independent Police Review Director shall review every complaint made to him or her by a member of the public under this Part, and shall determine whether the complaint is about the policies of or services provided by a police force or about the conduct of a police officer.
Independent Police Review Director to refer, retain
(2) Subject to section 60, the Independent Police Review Director shall ensure that every complaint reviewed under subsection (1) is referred or retained and dealt with in accordance with section 61.
Power of Independent Police Review Director to refuse
60. (1) The Independent Police Review Director may, in accordance with this section, decide not to deal with a complaint made to him or her by a member of the public under this Part.
Limitation, six months
(2) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public if the complaint is made more than six months after the facts on which it is based occurred.
Same
(3) In making a determination under subsection (2), the Independent Police Review Director shall consider,
(a) whether the complainant is a minor or is under a disability within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005;
(b) whether the complainant is or was subject to criminal proceedings 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 dealt with.
Frivolous, vexatious, etc.
(4) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public if, in his or her opinion, one of the following applies:
1. The complaint is frivolous or vexatious or made in bad faith.
2. The complaint could be more appropriately dealt with, in whole or in part, under another Act or other law.
3. Having regard to all the circumstances, dealing with the complaint is not in the public interest.
Not affected by policy or service
(5) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public about a policy of or service provided by a police force if the policy or service did not have a direct effect on the complainant.
Not affected by conduct
(6) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public about the conduct of a police officer if the complainant is not one of the following:
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 Independent Police Review Director’s opinion, the knowledge or thing constitutes compelling evidence that the conduct complained of is misconduct as defined in section 80 or unsatisfactory work performance and the evidence would likely be admissible in a court proceeding.
Notice
(7) If the Independent Police Review Director decides not to deal with a complaint in accordance with this section, he or she shall notify the complainant and the chief of police of the police force to which the matter relates in writing of the decision, with reasons, and in the case of the chief of police, shall also give notice of the substance of the complaint.
Same
(8) On receipt of a notice under subsection (7) relating to a complaint about the conduct of a police officer other than the chief of police, the chief of police shall promptly notify the police officer who is the subject of the complaint in writing of the substance of the complaint, and of the Independent Police Review Director’s decision not to deal with the complaint, with reasons.
Complaints referred, retained
61. (1) This section applies to every complaint made to the Independent Police Review Director by a member of the public under this Part, unless the Independent Police Review Director has decided not to deal with the complaint in accordance with section 60.
Complaints about municipal force policies
(2) A complaint about the policies of or services provided by a municipal police force shall be referred by the Independent Police Review Director to the municipal chief of police and dealt with under section 63.
Complaints about local O.P.P. policies
(3) A complaint about the local policies, established under clause 10 (9) (c), of an Ontario Provincial Police detachment that is providing police services pursuant to an agreement entered into under section 10 shall be referred by the Independent Police Review Director to the detachment commander and dealt with under section 64.
Complaints about provincial O.P.P. policies, services
(4) A complaint about the provincial policies of the Ontario Provincial Police or about services provided by the Ontario Provincial Police, other than those services provided pursuant to an agreement under section 10, shall be referred by the Independent Police Review Director to the Commissioner and dealt with under section 65.
Complaints about officer other than chief
(5) A complaint about the conduct of a police officer, other than a chief of police or deputy chief of police, shall be,
(a) referred by the Independent Police Review Director to the chief of police of the police force to which the complaint relates and dealt with under section 66;
(b) referred by the Independent Police Review Director to the chief of police of a police force other than the police force to which the complaint relates and dealt with under section 67; or
(c) retained by the Independent Police Review Director and dealt with under section 68.
Same
(6) In exercising his or her discretion under subsection (5), the Independent Police Review Director shall consider the nature of the complaint and the public interest.
Same
(7) The Independent Police Review Director may, in referring a complaint to a chief of police under subsection (5), direct the chief of police to deal with the complaint as the Independent Police Review Director specifies.
Complaints about municipal chief, municipal deputy chief
(8) A complaint about the conduct of a municipal chief of police or a municipal deputy chief of police shall be referred by the Independent Police Review Director to the board and dealt with under section 69.
Complaints about Commissioner, deputy Commissioner
(9) A complaint about the conduct of the Commissioner or a deputy Commissioner shall be referred by the Independent Police Review Director to the Solicitor General and dealt with under section 70.
Cost of complaints process
(10) If the Independent Police Review Director refers a complaint under clause (5) (b) to a chief of police of a police force other than the police force to which the complaint relates, the police force to which the complaint relates shall pay the costs of the investigation incurred by the police force to which the matter is referred.
Notice, conduct complaint
62. (1) If a complaint about the conduct of a police officer is referred under clause 61 (5) (a) to the chief of police of the police force to which the complaint relates, the chief of police shall, on receipt of the complaint, promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint unless,
(a) in the chief of police’s opinion, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the chief of police not to give notice to the police officer.
Same
(2) If a complaint about the conduct of a police officer is referred under clause 61 (5) (b) to a chief of police of a police force other than the police force to which the complaint relates, or is retained by the Independent Police Review Director under clause 61 (5) (c), the Independent Police Review Director shall give notice of the substance of the complaint to the chief of police of the police force to which the complaint relates.
Same
(3) On receipt of a notice under subsection (2), the chief of police shall promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint unless,
(a) in the chief of police’s opinion, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the chief of police not to give notice to the police officer.
Same
(4) The Independent Police Review Director may provide the direction described in clause (1) (b) or (3) (b) if, in his or her opinion, providing notice of the complaint to the police officer might prejudice an investigation into the matter.
Same
(5) If a complaint about the conduct of a municipal chief of police or municipal deputy chief of police is referred under subsection 61 (8) to the board, the board shall give notice of the substance of the complaint to the municipal chief of police or municipal deputy chief of police who is the subject of the complaint unless, in the board’s opinion, to do so might prejudice an investigation into the matter.
Review and Investigation of Complaints
Complaints about municipal force policies
63. (1) The chief of police shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (2) and shall take any action, or no action, in response to the complaint as he or she considers appropriate.
Disposition
(2) The chief of police shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition.
Extension of time
(3) The chief of police may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended.
Written report
(4) The chief of police shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons.
Request for review by board
(5) A complainant may, within 30 days after receiving the notice under subsection (2), request that the board review the complaint by serving a written request to that effect on the board.
Review by board
(6) Upon receiving a written request for a review of a complaint previously dealt with by the chief of police, the board shall,
(a) advise the chief of police of the request;
(b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and
(c) notify the complainant, the chief of police and the Independent Police Review Director in writing of its disposition of the complaint, with reasons.
Review by committee of board
(7) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board, two of whom constitute a quorum for the purpose of this subsection, to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.
Public meeting
(8) In conducting a review under this section, the board or the committee of the board may hold a public meeting respecting the complaint.
Complaints re local O.P.P. policies
64. (1) The detachment commander shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (3), and shall take any action, or no action, in response to the complaint as he or she considers appropriate.
Disposition
(2) The detachment commander shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition.
Extension of time
(3) The detachment commander may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended.
Written report
(4) The detachment commander shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons.
Request for review by board
(5) A complainant may, within 30 days after receiving the notice under subsection (2), request that the board review the complaint by serving a written request to that effect on the board.
Review by board
(6) Upon receiving a written request for a review of a complaint previously dealt with by a detachment commander, the board shall,
(a) advise the detachment commander of the request;
(b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and
(c) notify the complainant, the detachment commander and the Independent Police Review Director in writing of its disposition of the complaint, with reasons.
Review by committee of board
(7) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board, two of whom constitute a quorum for the purpose of this subsection, to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.
Public meeting
(8) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint.
Delegation
(9) A detachment commander may delegate any of his or her duties, functions or powers under this section to any police officer who is a member of the detachment.
Complaints re provincial O.P.P. policies
65. (1) The Commissioner shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (4) and shall take any action, or no action, in response to the complaint as he or she considers appropriate.
Notice to complainant
(2) The Commissioner shall notify the complainant and the Independent Police Review Director in writing of his or her disposition of the complaint, with reasons.
Complaints about police officer’s conduct
66. (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (a) to be investigated and the investigation to be reported on in a written report.
Unsubstantiated complaint
(2) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the complainant, the police officer who is the subject of the complaint and the Independent Police Review Director, in writing, together with a copy of the written report, of the decision and of the complainant’s right under subsection 71 (1) to ask the Independent Police Review Director to review the decision within 30 days of receiving the notice.
Hearing to be held
(3) Subject to subsection (4), if at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a hearing into the matter.
Informal resolution
(4) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing, if the police officer and the complainant consent to the proposed resolution.
Notice
(5) Before resolving the matter informally, the chief of police shall notify the complainant and the police officer, in writing, of his or her opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may, under subsection 71 (1), ask the Independent Police Review Director to review this decision within 30 days of receiving such notification.
No informal resolution until after Independent Police Review Director’s review
(6) The chief of police shall take no action to resolve the matter informally until,
(a) the 30-day period in which the complainant may ask for a review has expired, without a review being requested; or
(b) if the complainant asked for a review within the 30-day period, the Independent Police Review Director has completed its review and then, only if the Independent Police Review Director’s decision is such that there may be an informal resolution of the complaint.
Same
(7) Despite subsection (6), if the complainant notifies the chief of police in writing that he or she will not ask the Independent Police Review Director to conduct a review, the chief of police shall attempt to resolve the matter informally promptly after receiving such notification from the complainant.
Consent of police officer or complainant
(8) A police officer or a complainant who consents to a proposed resolution under subsection (4) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given.
Notice
(9) If a police officer and a complainant consent to the informal resolution of a matter and the consent is not revoked by the police officer or the complainant within the period referred to in subsection (8), the chief of police shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require.
Disposition without a hearing
(10) If consent to the informal resolution of a matter is not given or is revoked under subsection (8), the following rules apply:
1. The chief of police shall provide the police officer with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.
2. Subject to paragraph 3, the chief of police may impose on the police officer a penalty described in clause 85 (1) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the police officer’s reply to be made in his or her employment record.
3. If the police officer refuses to accept the penalty imposed or action taken, the chief of police shall not impose a penalty or take any other action or cause any entry to be made in the police officer’s employment record, but shall hold a hearing under subsection (3).
Notice
(11) The chief of police shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (10).
Employment record expunged
(12) An entry made in the police officer’s employment record under paragraph 2 of subsection (10) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.
Agreement
(13) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (3).
Complaints about police officer’s conduct, investigation by other police force
67. (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (b) to be investigated and the investigation to be reported on in a written report.
Same
(2) The chief of police shall submit the written report to the chief of police of the police force to which the complaint relates, who shall deal with the written report as if it had been submitted to him or her under section 66.
Complaints about police officer’s conduct, Independent Police Review Director investigation
68. (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5) (c) to be investigated and the investigation to be reported on in a written report.
Unsubstantiated complaint
(2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the chief of police of the police force to which the complaint relates and the chief of police shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report.
Matter referred to chief of police
(3) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the chief of police of the police force to which the complaint relates.
Same
(4) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the chief of police under subsection (3), shall so indicate.
Chief of police to hold hearing
(5) Subject to subsection (6), the chief of police shall hold a hearing into a matter referred to him or her under subsection (3) by the Independent Police Review Director.
Informal resolution
(6) If on the review of the written report the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing if the police officer and the complainant consent to the proposed resolution.
Same
(7) Subsections 66 (8), (9), (10), (11), (12) and (13) apply, with necessary modifications, in relation to an informal resolution under subsection (6).
Complaints about municipal chief’s, municipal deputy chief’s conduct
69. (1) The board shall review every complaint referred to it by the Independent Police Review Director under subsection 61 (8).
Investigation by Independent Police Review Director
(2) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Independent Police Review Director to cause the complaint to be investigated and the investigation to be reported on in a written report.
Same
(3) The board shall pay the costs of an investigation conducted under subsection (2).
Notice, no action taken
(4) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint is not of a type described in subsection (2), the board shall take no action in response to the complaint and shall notify the complainant, the chief of police or deputy chief of police and the Independent Police Review Director in writing of the decision, with reasons.
Unsubstantiated complaint
(5) If at the conclusion of the investigation of a complaint under subsection (2) the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the complainant and the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report.
Matter referred to board
(6) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board.
Same
(7) If the Independent Police Review Director is of the opinion that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the board under subsection (6), shall so indicate.
Board or Commission to hold hearing
(8) Subject to subsection (9), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing.
Informal resolution
(9) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police and the complainant consent to the proposed resolution.
Consent of chief, deputy chief or complainant
(10) A chief of police or deputy chief of police or a complainant who consents to a proposed resolution under subsection (9) may revoke the consent by notifying the board in writing of the revocation no later than 12 business days after the day on which the consent is given.
Notice
(11) If a chief of police or deputy chief of police and a complainant consent to the informal resolution of a matter and the consent is not revoked by the chief of police, deputy chief of police or complainant within the period referred to in subsection (10), the board shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require.
Disposition without a hearing
(12) If consent to the informal resolution of a matter is not given or is revoked under subsection (10), the following rules apply:
1. The board shall provide the chief of police or deputy chief of police with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.
2. Subject to paragraph 3, the board may impose on the chief of police or deputy chief of police a penalty described in clause 85 (2) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the chief of police’s or deputy chief of police’s reply to be made in his or her employment record.
3. If the chief of police or deputy chief of police refuses to accept the penalty imposed or action taken, the board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing, under subsection (8).
Notice
(13) The board shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (12).
Employment record expunged
(14) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (12) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.
Agreement
(15) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (8).
Complaints about Commissioner’s, deputy Commissioner’s conduct
70. The Solicitor General shall deal with all complaints referred to him or her by the Independent Police Review Director under subsection 61 (9) as he or she sees fit and there is no appeal from a decision or action taken by the Solicitor General under this section.
Request for review by Independent Police Review Director
71. (1) If a complainant has been notified under subsection 66 (2) that his or her complaint is unsubstantiated or under subsection 66 (5) that the conduct he or she complained of has been determined to be not of a serious nature, the complainant may, within 30 days of such notification, ask the Independent Police Review Director to review the decision.
Review by Independent Police Review Director
(2) Upon receiving a request to review under subsection (1), the Independent Police Review Director shall review the decision, taking into account any material provided by the complainant or the chief of police, and shall endeavour to complete its review within 30 days of receiving the request, but the Independent Police Review Director shall not hold a hearing into the matter.
Powers of Independent Police Review Director on review
(3) Upon completion of the review of a decision, the Independent Police Review Director may,
(a) confirm the decision;
(b) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies;
(c) assign the investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force to which the complaint relates;
(d) take over the investigation of the complaint; or
(e) take or require to be taken any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances.
Costs
(4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (3) (c), the police force to which the complaint relates shall pay the costs of the investigation or hearing incurred by the police force to which the matter is assigned.
Notice
(5) The Independent Police Review Director shall notify the complainant, the chief of police and the police officer who is the subject of the complaint of its decision and the action taken by him or her under subsection (3).
Public complaints may be directed
72. (1) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a police officer other than a chief of police or deputy chief of police, at any time after the complaint is referred to a chief of police under clause 61 (5) (a) or (b) and before a hearing under subsection 66 (3) or 68 (5) in respect of the complaint is commenced,
(a) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies;
(b) assign the investigation of the complaint or the conduct of a hearing in respect of the complaint to the chief of police of a police force other than the police force to which the complaint relates;
(c) take over the investigation of the complaint; or
(d) take or require to be taken by the chief of police any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances.
Same
(2) The powers of the Independent Police Review Director described under subsection (1) are in addition to any other powers of the Independent Police Review Director under this Act, including but not limited to those set out in subsection 61 (7).
Same
(3) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a chief of police or deputy chief of police, at any time after the complaint is referred to a board under subsection 61 (8) and before a hearing under subsection 69 (8) in respect of the complaint is commenced,
(a) direct the board to deal with the complaint as he or she specifies;
(b) assign the conduct of a hearing in respect of a complaint to the Commission; or
(c) take or require to be taken by the board any other action with respect to the complaint that he or she considers necessary in the circumstances.
Costs
(4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (1) (b), the police force to which the complaint relates shall pay the costs of the investigation or hearing incurred by the police force to which the matter is assigned.
Duty if directed by Independent Police Review Director
73. (1) If the Independent Police Review Director directs under subsection 61 (7) or clause 71 (3) (b), 72 (1) (a) or (3) (a) that a complaint is to be dealt with as specified, the chief of police or board, as the case may be, shall promptly so deal with the complaint.
Same
(2) If the Independent Police Review Director requires under clause 71 (3) (e), 72 (1) (d) or (3) (c) that a chief of police or board take an action with respect to a complaint, the chief of police or board, as the case may be, shall promptly cause such action to be taken.
Withdrawal of Public Complaints
Withdrawing a public complaint
74. (1) A complainant who has made a complaint under subsection 58 (1) may withdraw his or her complaint on notice to the Independent Police Review Director, unless a hearing in respect of the complaint has commenced.
Notice
(2) If a complaint is withdrawn under subsection (1), the Independent Police Review Director shall promptly give notice of the fact of the withdrawal to,
(a) the chief of police of the police force to which the complaint relates, in the case of a complaint about a policy of or service provided by the police force, or about the conduct of a police officer other than a chief of police or deputy chief of police;
(b) the board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police; or
(c) the Solicitor General, in the case of a complaint about the conduct of the Commissioner or a deputy Commissioner.
Same
(3) Subject to subsections (4), (5) and (6), if a chief of police or board is notified under subsection (2) of the withdrawal of a complaint about the conduct of a police officer, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal from the Independent Police Review Director, notify the police officer who is the subject of the complaint of the fact.
Complaint may be continued
(4) The chief of police or board may continue to deal with a complaint after the complaint is withdrawn under subsection (1) if the chief of police or board, as the case may be, determines within 30 days of receiving the notice of withdrawal that it is appropriate to do so.
Same
(5) In the case of a complaint about the conduct of a police officer, a complaint continued under subsection (4) shall be dealt with as if it had been made by the chief of police under subsection 76 (1) or by the board under subsection 77 (1), as the case may be.
Notice
(6) If the chief of police or board continues to deal with a complaint about the conduct of a police officer after it is withdrawn, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal, notify the police officer who is the subject of the complaint of the withdrawal and the continuance of the complaint unless, in the chief of police’s or board’s opinion, to do so might prejudice an investigation into the matter.
Withdrawal during hearing
75. (1) Despite subsection 74 (1), a complainant may withdraw his or her complaint after a hearing in respect of the complaint has commenced, if the following persons consent to the withdrawal:
1. The Independent Police Review Director.
2. The chief of police, in the case of a complaint about the conduct of a police officer other than a chief of police or deputy chief of police.
3. The board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police.
Same
(2) Subsections 74 (2) to (6) do not apply to a complaint withdrawn in accordance with subsection (1).
Internal Complaints
Complaints by chief
76. (1) A chief of police may make a complaint under this section about the conduct of a police officer on his or her police force, other than the deputy chief of police, and shall cause the complaint to be investigated and the investigation to be reported on in a written report.
Same
(2) A chief of police who makes a complaint under subsection (1) is not a complainant for the purposes of this Part.
Notice
(3) Upon making a complaint about the conduct of a police officer, the chief of police shall promptly give notice of the substance of the complaint to the police officer unless, in the chief of police’s opinion, to do so might prejudice an investigation into the matter.
Investigation assigned to another police force
(4) A municipal chief of police may, with the approval of the board and on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the police force to which the complaint relates.
Same, re O.P.P. officer
(5) In the case of a complaint about the conduct of a police officer who is a member of the Ontario Provincial Police, the Commissioner may, on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the Ontario Provincial Police.
Same, more than one force involved
(6) If the complaint is about an incident that involved the conduct of two or more police officers who are members of different police forces, the chiefs of police whose police officers are the subjects of the complaint shall agree on which police force, which may be one of the police forces whose police officer is a subject of the complaint or another police force, is to investigate the complaint and report, in writing, back to the other chief or chiefs of police and how the cost of the investigation is to be shared.
Same
(7) If the chiefs of police cannot agree under subsection (6), the Commission shall decide how the cost of the investigation is to be shared and,
(a) shall decide which of the chiefs of police whose police officer is a subject of the complaint shall cause the complaint to be investigated and report in writing back to the other chief or chiefs of police; or
(b) shall ask another chief of police to cause the complaint to be investigated and to report back in writing to the chiefs of police.
Unsubstantiated complaint
(8) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report.
Hearing to be held
(9) Subject to subsection (10), if at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a hearing into the matter.
Informal resolution
(10) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing, if the police officer consents to the proposed resolution.
Consent of police officer
(11) A police officer who consents to a proposed resolution under subsection (10) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given.
Disposition without a hearing
(12) If an informal resolution of the matter is attempted but not achieved, the following rules apply:
1. The chief of police shall provide the police officer with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.
2. Subject to paragraph 3, the chief of police may impose on the police officer a penalty described in clause 85 (1) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the police officer’s reply to be made in his or her employment record.
3. If the police officer refuses to accept the penalty imposed or action taken, the chief of police shall not impose a penalty or take any other action or cause any entry to be made in the police officer’s employment record, but shall hold a hearing under subsection (9).
Employment record expunged
(13) An entry made in the police officer’s employment record under paragraph 2 of subsection (12) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.
Agreement
(14) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (9).
Complaints by board
77. (1) A board may make a complaint under this section about the conduct of the municipal chief of police or municipal deputy chief of police and shall review such complaint.
Same
(2) A board that makes a complaint under subsection (1) is not a complainant for the purposes of this Part.
Notice
(3) Upon making a complaint about the conduct of a chief of police or deputy chief of police, the board shall promptly give notice of the substance of the complaint to the chief of police or deputy chief of police unless, in the board’s opinion, to do so might prejudice an investigation into the matter.
Investigation assigned to another police force
(4) If at the conclusion of the review the board is of the opinion that the chief of police’s or deputy chief of police’s conduct may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Commission to assign the chief of police of another police force to cause the complaint to be investigated promptly and the investigation to be reported on in a written report at the board’s expense.
Unsubstantiated complaint
(5) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force is of the opinion that the complaint is unsubstantiated, the chief of police shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report.
Matter referred to board
(6) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force believes on reasonable grounds that the conduct of the chief of police or deputy chief of police under investigation constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board.
Board or Commission to hold hearing
(7) Subject to subsection (8), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing.
Informal resolution
(8) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police consents to the proposed resolution.
Disposition without a hearing
(9) If an informal resolution of the matter is attempted but not achieved, the following rules apply:
1. The board shall provide the chief of police or deputy chief of police with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.
2. Subject to paragraph 3, the board may impose on the chief of police or deputy chief of police a penalty described in clause 85 (2) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the chief of police’s or deputy chief of police’s reply to be made in his or her employment record.
3. If the chief of police or deputy chief of police refuses to accept the penalty imposed or action taken, the board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing, under subsection (7).
Employment record expunged
(10) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (9) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.
Agreement
(11) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (7).
Internal complaints may be directed
78. (1) The Commission may, in respect of a complaint made by a chief of police under section 76 or by a board under section 77, at any stage in the complaints process direct the chief of police or board, as the case may be, to deal with the complaint as it specifies or assign the review or investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force to which the complaint relates.
Duty
(2) If the Commission directs that a complaint is to be dealt with as specified, the chief of police or board, as the case may be, shall promptly so deal with the complaint.
Costs
(3) If the Commission assigns the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force, the police force to which the complaint relates shall pay the costs of the review, investigation or hearing incurred by the police force to which the matter is assigned.
Offences
Offences re complaints
79. (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or intimidate, any other person in relation to a complaint that is made under this Part.
Same
(2) No person shall intentionally hinder or obstruct or attempt to hinder or obstruct the Independent Police Review Director or an investigator appointed by the Independent Police Review Director in the performance of his or her duties under this Act, or furnish him or her with false information.
Penalty
(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.
Consent of Attorney General required
(4) No prosecution shall be instituted under this section without the consent of the Attorney General.
Misconduct
Misconduct
80. (1) A police officer is guilty of misconduct if he or she,
(a) commits an offence described in a prescribed code of conduct;
(b) contravenes section 46 (political activity);
(c) engages in an activity that contravenes subsection 49 (1) (secondary activities) without the permission of his or her chief of police or, in the case of a municipal chief of police, without the permission of the board, being aware that the activity may contravene that subsection;
(d) contravenes subsection 55 (5) (resignation during emergency);
(e) commits an offence described in subsection 79 (1) or (2) (offences, complaints);
(f) contravenes section 81 (inducing misconduct, withholding services);
(g) contravenes section 117 (trade union membership);
(h) deals with personal property, other than money or a firearm, in a manner that is not consistent with section 132;
(i) deals with money in a manner that is not consistent with section 133;
(j) deals with a firearm in a manner that is not consistent with section 134;
(k) contravenes a regulation made under paragraph 15 (equipment), 16 (use of force), 17 (standards of dress, police uniforms), 20 (police pursuits) or 21 (records) of subsection 135 (1).
Off-duty conduct
(2) A police officer shall not be found guilty of misconduct under subsection (1) if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force.
Inducing misconduct and withholding services
Inducing misconduct
81. (1) No person shall,
(a) induce or attempt to induce a member of a police force to withhold his or her services; or
(b) induce or attempt to induce a police officer to commit misconduct.
Withholding services
(2) No member of a police force shall withhold his or her services.
Offence
(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.
Consent of Solicitor General
(4) No prosecution shall be instituted under this section without the consent of the Solicitor General.
Hearings
Prosecutor at hearing
82. (1) The chief of police shall designate to be the prosecutor at a hearing held under subsection 66 (3), 68 (5) or 76 (9),
(a) a police officer from any police force of a rank equal to or higher than that of the police officer who is the subject of the hearing; or
(b) a legal counsel or agent.
Same
(2) A police officer from another police force may be the prosecutor at the hearing only with the approval of his or her chief of police.
Same
(3) The board or Commission shall designate a legal counsel or agent to be the prosecutor at a hearing held under subsection 69 (8) or 77 (7), as the case may be, and the board shall pay the prosecutor’s remuneration regardless of whether the prosecutor is designated by the board or by the Commission.
Hearings, procedure
83. (1) A hearing held under subsection 66 (3), 68 (5), 69 (8), 76 (9) or 77 (7) shall be conducted in accordance with the Statutory Powers Procedure Act.
Application of this section
(2) Subsections (3), (4), (5), (6), (11), (12), (13), (14), (15) and (16) apply to any hearing held under this Part.
Parties
(3) The parties to the hearing are the prosecutor, the police officer who is the subject of the hearing and, if the complaint was made by a member of the public, the complainant.
Notice and right to counsel
(4) The parties to the hearing shall be given reasonable notice of the hearing and each party may be represented by counsel or an agent.
Examination of evidence
(5) Before the hearing, the police officer and the complainant, if any, shall each be given an opportunity to examine any physical or documentary evidence that will be produced or any report whose contents will be given in evidence.
Police officer not required to give evidence
(6) The police officer who is the subject of the hearing shall not be required to give evidence at the hearing.
Non-compellability
(7) No person shall be required to testify in a civil proceeding with regard to information obtained in the course of his or her duties under this Part, except at a hearing held under this Part.
Inadmissibility of documents
(8) No document prepared as the result of a complaint made under this Part is admissible in a civil proceeding, except at a hearing held under this Part.
Inadmissibility of statements
(9) No statement made during an attempt at informal resolution of a complaint under this Part is admissible in a civil proceeding, including a proceeding under subsection 66 (10), 69 (12), 76 (12) or 77 (9), or a hearing under this Part, except with the consent of the person who made the statement.
Recording of evidence
(10) The oral evidence given at the hearing shall be recorded and copies of transcripts shall be provided on the same terms as in the Superior Court of Justice.
Release of exhibits
(11) Within a reasonable time after the matter has been finally determined, documents and things put in evidence at the hearing shall, on request, be released to the person who produced them.
No communication without notice
(12) Subject to subsection (13), the person conducting the hearing shall not communicate directly or indirectly in relation to the subject matter of the hearing with any person or person’s counsel or agent, unless the parties receive notice and have an opportunity to participate.
Exception
(13) The person conducting the hearing may seek legal advice from an advisor independent of the parties, and in that case the nature of the advice shall be communicated to them so that they may make submissions as to the law.
If Crown Attorney consulted
(14) If a Crown Attorney has been consulted, the person conducting the hearing may proceed to deal with the part of the complaint that, in his or her opinion, constitutes misconduct as defined in section 80 or unsatisfactory work performance, unless the Crown Attorney directs otherwise.
Hearing to continue
(15) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.
Photography at hearing
(16) Subsections 136 (1), (2) and (3) of the Courts of Justice Act (photography at court hearing) apply with necessary modifications to the hearing and a person who contravenes subsection 136 (1), (2) or (3) of the Courts of Justice Act, as it is made to apply by this subsection, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.
Six-month limitation period, exception
(17) If six months have elapsed since the day described in subsection (18), no notice of hearing shall be served unless the board, in the case of a municipal police officer, or the Commissioner, in the case of a member of the Ontario Provincial Police, is of the opinion that it was reasonable, under the circumstances, to delay serving the notice of hearing.
Same
(18) The day referred to in subsection (17) is,
(a) in the case of a hearing in respect of a complaint made under this Part by a member of the public about the conduct of a police officer other than a chief of police or deputy chief of police,
(i) the day on which the chief of police received the complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (a) or (b), or
(ii) the day on which the complaint was retained by the Independent Police Review Director under clause 61 (5) (c);
(b) in the case of a hearing in respect of a complaint made under this Part by a member of the public about the conduct of a chief of police or deputy chief of police, the day on which the board received the complaint referred to it by the Independent Police Review Director under subsection 61 (8); or
(c) in the case of a hearing in respect of a complaint made under this Part by a chief of police or board, the day on which the facts on which the complaint is based first came to the attention of the chief of police or board, as the case may be.
Findings and disposition
84. (1) If at the conclusion of a hearing under subsection 66 (3), 68 (5) or 76 (9) held by the chief of police, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the chief of police shall take any action described in section 85.
Same
(2) If at the conclusion of a hearing under subsection 69 (8) or 77 (7) held by the board, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the board shall take any action described in section 85.
Same
(3) If at the conclusion of a hearing under subsection 69 (8) or 77 (7) held by the Commission, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the Commission shall, subject to subsection (4), direct the board in writing to take such action described in section 85 as the Commission specifies.
Notice needed
(4) The Commission shall not direct the board to impose the penalties of dismissal or demotion unless the notice of hearing or a subsequent notice served on the chief of police or deputy chief of police indicated that they might be imposed if the complaint were proved on clear and convincing evidence.
Powers at conclusion of hearing by chief of police, board or Commission
85. (1) Subject to subsection (4), the chief of police may, under subsection 84 (1),
(a) dismiss the police officer from the police force;
(b) direct that the police officer be dismissed in seven days unless he or she resigns before that time;
(c) demote the police officer, specifying the manner and period of the demotion;
(d) suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be;
(e) direct that the police officer forfeit not more than three days or 24 hours pay, as the case may be;
(f) direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be; or
(g) impose on the police officer any combination of penalties described in clauses (c), (d), (e) and (f).
Same
(2) Subject to subsection (4), the board may, under subsection 84 (2),
(a) dismiss the chief of police or deputy chief of police from the police force;
(b) direct that the chief of police or deputy chief of police be dismissed in seven days unless he or she resigns before that time;
(c) demote the chief of police or deputy chief of police, specifying the manner and period of the demotion;
(d) suspend the chief of police or deputy chief of police without pay for a period not exceeding 30 days or 240 hours, as the case may be;
(e) direct that the chief of police or deputy chief of police forfeit not more than three days or 24 hours pay, as the case may be;
(f) direct that the chief of police or deputy chief of police forfeit not more than 20 days or 160 hours off, as the case may be;
(g) impose on the chief of police or deputy chief of police any combination of penalties described in clauses (c), (d), (e) and (f).
Same
(3) The board shall promptly take any action that the Commission directs it to take under subsection 84 (3).
Notice needed
(4) The chief of police or board, as the case may be, shall not impose the penalties of dismissal or demotion under subsection (1) or (2) unless the notice of hearing or a subsequent notice served on the chief of police, deputy chief of police or other police officer indicated that they might be imposed if the complaint were proved on clear and convincing evidence.
Calculation of penalties
(5) Penalties imposed under clauses (1) (d), (e) and (f) and (2) (d), (e) and (f) shall be calculated in terms of days if the chief of police, deputy chief of police or other police officer normally works eight hours a day or less and in terms of hours if he or she normally works more than eight hours a day.
Same
(6) If a penalty is imposed under clause (1) (e) or (2) (e), the chief of police, deputy chief of police or other police officer, as the case may be, may elect to satisfy the penalty by working without pay or by applying the penalty to his or her vacation or overtime credits or entitlements.
Additional powers
(7) In addition to or instead of a penalty described in subsection (1) or (2), the chief of police or board, as the case may be, may under subsection 84 (1) or (2),
(a) reprimand the chief of police, deputy chief of police or other police officer;
(b) direct that the chief of police, deputy chief of police or other police officer undergo specified counselling, treatment or training;
(c) direct that the chief of police, deputy chief of police or other police officer participate in a specified program or activity;
(d) take any combination of actions described in clauses (a), (b) and (c).
Notice of decision
(8) The chief of police or board, as the case may be, shall promptly give written notice of any penalty imposed or action taken under subsection (1), (2), (3) or (7), with reasons,
(a) to the chief of police, deputy chief of police or other police officer who is the subject of the complaint;
(b) in the case of a penalty imposed or action taken by a municipal chief of police, to the board; and
(c) in the case of a penalty imposed or action taken in respect of a complaint made by a member of the public, to the complainant.
Employment record
(9) The chief of police or board, as the case may be, may cause an entry concerning the matter, the action taken and the reply of the chief of police, deputy chief of police or other police officer against whom the action is taken, to be made in his or her employment record, but no reference to the allegations of the complaint or the hearing shall be made in the employment record, and the matter shall not be taken into account for any purpose relating to his or her employment unless,
(a) misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence; or
(b) the chief of police, deputy chief of police or other police officer resigns before the matter is finally disposed of.
Restriction on employment
(10) No person who is dismissed under section 84, or who resigns following a direction under section 84, may be employed as a member of a police force or an employee of the Ontario Provincial Police unless five years have passed since the dismissal or resignation.
Decisions to be publicly available
86. (1) The chief of police shall ensure that every decision made after a hearing held under subsection 66 (3) or 68 (5) is made available to the public in the manner that he or she considers appropriate in the circumstances, and shall give a copy of every such decision to the Independent Police Review Director.
Same
(2) The board shall ensure that every decision made by it after a hearing held under subsection 69 (8) is made available to the public in the manner that it considers appropriate in the circumstances, and shall give a copy of every such decision to the Independent Police Review Director.
Same
(3) On receiving a copy of a decision from the chief of police or board, the Independent Police Review Director shall publish the decision by posting it on the Internet.
Appeal to Commission
87. (1) A police officer or complainant, if any, may, within 30 days of receiving notice of the decision made after a hearing held under subsection 66 (3), 68 (5) or 76 (9) by the chief of police or under subsection 69 (8) or 77 (7) by the board, appeal the decision to the Commission by serving on the Commission a written notice stating the grounds on which the appeal is based.
Commission to hold hearing
(2) The Commission shall hold a hearing upon receiving a notice under subsection (1) from a police officer.
Same
(3) The Commission shall hold a hearing upon receiving a notice under subsection (1) from a complainant if the appeal is from the finding that misconduct or unsatisfactory work performance was not proved on clear and convincing evidence.
Commission may hold hearing
(4) The Commission may hold a hearing, if it considers it appropriate, upon receiving a notice under subsection (1) from a complainant with respect to an appeal other than an appeal described in subsection (3).
Appeal on the record
(5) A hearing held under this section shall be an appeal on the record, but the Commission may receive new or additional evidence as it considers just.
Solicitor General may be heard
(6) The Solicitor General is entitled to be heard, by counsel or otherwise, on the argument of the appeal.
Independent Police Review Director may be heard
(7) The Independent Police Review Director is entitled to be heard, by counsel or otherwise, on the argument of the appeal of a decision made in respect of a complaint made by a member of the public.
Powers of Commission
(8) After holding a hearing on an appeal, the Commission may,
(a) confirm, vary or revoke the decision being appealed;
(b) substitute its own decision for that of the chief of police or the board, as the case may be;
(c) in the case of an appeal from a decision of a chief of police, order a new hearing before the chief of police under subsection 66 (3), 68 (5) or 76 (9), as the case may be; or
(d) in the case of an appeal from a decision of a board, order a new hearing before the board under subsection 69 (8) or 77 (7), as the case may be.
Appeal to Divisional Court
88. (1) A party to a hearing held by the Commission under subsection 69 (8) or 77 (7) may appeal the Commission’s decision to the Divisional Court within 30 days of receiving notice of the Commission’s decision.
Grounds for appeal
(2) An appeal may be made on a question that is not a question of fact alone, from a penalty imposed or from any other action taken, or all of them.
Solicitor General may be heard
(3) The Solicitor General is entitled to be heard, by counsel or otherwise, on the argument of the appeal.
Independent Police Review Director may be heard
(4) The Independent Police Review Director is entitled to be heard, by counsel or otherwise, on the argument of the appeal of a decision made in respect of a complaint made by a member of the public.
Suspension
Suspension
89. (1) If a police officer, other than a chief of police or deputy chief of police, is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 80, the chief of police may suspend him or her from duty with pay.
Same
(2) If a chief of police or deputy chief of police is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 80, the board may suspend him or her from duty with pay.
Revocation and reimposition of suspension
(3) The chief of police or board may revoke the suspension and later reimpose it, repeatedly if necessary, as the chief of police or board, as the case may be, considers appropriate.
Duration of suspension
(4) Unless the chief of police or board revokes the suspension, it shall continue until the final disposition of the proceeding in which the chief of police’s, deputy chief of police’s or other police officer’s conduct is at issue.
Conditions of suspension
(5) While suspended, the chief of police, deputy chief of police or other police officer shall not exercise any of the powers vested in him or her as a chief of police, deputy chief of police or police officer, or wear or use clothing or equipment that was issued to him or her in that capacity.
Suspension without pay
(6) If a chief of police, deputy chief of police or other police officer is convicted of an offence and sentenced to a term of imprisonment, the chief of police or board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.
Earnings from other employment
(7) If a chief of police, deputy chief of police or other police officer is suspended with pay, the pay for the period of suspension shall be reduced by the amount that he or she earns from other employment during that period.
Exception
(8) Subsection (7) does not apply to earnings from other employment that was commenced before the period of suspension.
Resignations
Resignation of police officer
90. (1) If at any time after a complaint about the conduct of a police officer is made under this Part and before the complaint is finally disposed of the police officer resigns, no further action shall be taken under this Part in respect of the complaint after the date of resignation.
Notice
(2) If the complaint referred to in subsection (1) was made under this Part by a member of the public, notice of the resignation shall be given promptly after the resignation to the complainant and the Independent Police Review Director by,
(a) the board of the police force from which the police officer resigned, in the case of the resignation of a municipal chief of police or municipal deputy chief of police; or
(b) the chief of police of the police force from which the police officer resigned, in the case of the resignation of a police officer other than a chief of police or deputy chief of police.
Exception
(3) Despite subsection (1), if the police officer who resigned is employed by a police force within five years of the date of resignation, this Part shall apply to the police officer in accordance with the regulations.
Deemed employment
(4) In the circumstances described in subsection (3), if the police officer is employed with a police force other than the police force from which he or she resigned, the police officer is deemed, for the purposes of the complaints process under this Part, to be employed with the police force from which he or she resigned, except that an action that shall be taken with respect to the matter by a chief of police under subsection 84 (1) or by a board under subsection 84 (2) or 85 (3) after the complaints process is resumed shall be taken by the chief of police or board, as the case may be, of the police force in which the police officer is employed following the resignation.
Performance Audits
Performance audits conducted by boards
91. (1) The Independent Police Review Director may, at any time, require that a board submit to him or her a performance audit, conducted by an independent auditor at the board’s expense, of the board’s administration of complaints made under this Part by members of the public.
Same
(2) The performance audit shall be conducted in accordance with such directions that the Independent Police Review Director may give, if any.
Performance audits conducted by Independent Police Review Director
92. The Independent Police Review Director may, from time to time, conduct a performance audit of any aspect of the administration of complaints made under this Part by members of the public, and shall make the results of the audit publicly available.
General Matters
Informal complaint resolution
93. (1) If at any time during an investigation under this Part into a complaint about the conduct of a police officer other than a chief of police or deputy chief of police the conduct appears to be obviously conduct that is not of a serious nature, the chief of police of the police force to which the complaint relates may resolve the matter informally, if the police officer and the complainant, if any, consent to the proposed resolution.
Same
(2) In the case of a complaint made by a member of the public, the chief of police shall not resolve the matter informally under subsection (1) without the approval of the Independent Police Review Director.
Same
(3) If at any time during a review or investigation under this Part into a complaint about the conduct of a municipal chief of police or municipal deputy chief of police the conduct appears to be obviously conduct that is not of a serious nature, the board may resolve the matter informally, if the chief of police or deputy chief of police and the complainant, if any, consent to the proposed resolution.
Notice
(4) If a complaint made by a member of the public is informally resolved under subsection (1) or (3), the chief of police or board, as the case may be, shall give notice to the Independent Police Review Director of the resolution, and shall provide to the Independent Police Review Director any other information respecting the resolution of the complaint that he or she may require.
Consent of police officer or complainant
(5) A police officer or a complainant who consents to a proposed resolution under subsection (1) may revoke the consent by notifying the chief of police and, in the case of a complaint made by a member of the public, the Independent Police Review Director, in writing of the revocation no later than 12 business days after the day on which the consent is given.
Non-application of this Part
(6) No other provisions of this Part apply in respect of an informal resolution under subsection (1) or (3), except subsection 83 (9).
Delegation of chief’s powers and duties
94. (1) A chief of police may delegate the following powers and duties to a police officer or a former police officer of the rank of inspector or higher, a judge or retired judge, or such other person as may be prescribed:
1. Conducting a hearing under subsection 66 (3), 68 (5) or 76 (9) and taking an action under subsection 84 (1), if that subsection applies.
2. Acting under subsections 66 (4) and (10), subsection 68 (6) or subsections 76 (10) and (12).
Same
(2) A person to whom the chief of police may delegate under subsection (1) may only act as a delegate if he or she meets the prescribed qualifications, conditions or requirements, if any.
Same
(3) If a chief of police delegates the powers and duties described in paragraph 1 of subsection (1) to a police officer from another police force of the rank of inspector or higher, that police officer may only act as a delegate with the approval of his or her chief of police.
Same
(4) A chief of police may delegate his or her powers and duties under this Part, other than the powers and duties described in subsection (1), to any member of any police force.
Confidentiality
95. Every person engaged in the administration of this Part shall preserve secrecy with respect to all information obtained in the course of his or her duties under this Part and shall not communicate such information to any other person except,
(a) as may be required in connection with the administration of this Act and the regulations;
(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.
Notice
96. (1) Where a notice, referral, request or other document is required to be given to or served on a person or body under this Part, it may be given or served personally, by mail, by fax or other electronic transmission, or by some other method that allows proof of receipt.
Deemed receipt
(2) A notice, referral, request or other document is deemed to be received by the person or body as follows, unless the person or body establishes that the person or body did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s or body’s control, receive the notice as deemed:
1. In the case of mail, on the fifth day after the document is mailed.
2. In the case of fax or other electronic transmission, on the day after the document is sent or, if that day is a Saturday or a holiday, on the next day that is not a Saturday or a holiday.
Ombudsman Act does not apply
97. The Ombudsman Act does not apply to anything done under this Part.
Transition
98. (1) Complaints made under the old Part V shall continue to be dealt with in accordance with the old Part V.
Same
(2) If a complaint about a policy of or service provided by a police force or the conduct of a police officer is made on or after the day the old Part V is repealed, but the event to which the complaint relates occurred before the repeal of the old Part V, the complaint shall be dealt with in accordance with the old Part V.
Definition
(3) In this section,
“old Part V” means Part V of this Act, as it read immediately before its repeal by section 10 of the Independent Police Review Act, 2007.
11. Section 126 of the Act is amended by striking out “Part V (except as provided in subsection 64 (17))” and substituting “Part V (except as provided in subsections 66 (13) and 76 (14))”.
12. (1) Subsection 135 (1) of the Act is amended by adding the following paragraph:
4.1 prescribing additional powers and duties of the Independent Police Review Director;
(2) Paragraphs 23, 23.1, 24 and 25 of subsection 135 (1) of the Act are repealed and the following substituted:
23. prescribing a complaints process for the making of a complaint by a member of the public to a chief of police or his or her delegate, including but not limited to,
i. setting out conditions in respect of the complaint, and
ii. setting out limits respecting complaints made by the member of the public to the Independent Police Review Director under Part V in respect of the same matter;
24. establishing procedural rules for anything related to the powers, duties or functions of the Independent Police Review Director under Part V;
24.1 establishing regional or other advisory committees consisting of representatives from community groups, representatives from the policing community and any other persons who may be prescribed, for the purpose of advising the Independent Police Review Director on matters relating to his or her duties under subsection 58 (4), and respecting the appointment of such representatives and other persons to the committees;
25. defining “frivolous or vexatious” and “made in bad faith” for the purposes of paragraph 1 of subsection 60 (4);
26. prescribing a code of conduct in which offences constituting misconduct are described for the purposes of section 80;
26.1 respecting the application of Part V, with such modifications as may be specified in the regulation, to a police officer in the circumstances referred to in subsection 90 (3);
26.2 prescribing additional persons or classes of persons for the purposes of subsection 94 (1);
26.3 prescribing qualifications, conditions or requirements, if any, for the purposes of subsection 94 (2), including prescribing different qualifications, conditions or requirements for different persons or classes of persons, and exempting persons or classes of persons from specified qualifications, conditions or requirements;
26.4 governing procedures, conditions or requirements for the investigation of complaints under Part V;
26.5 providing for the payment of fees and expenses to witnesses at hearings conducted under Part V;
(3) Section 135 of the Act is amended by adding the following subsections:
Conflict
(1.1) In the event of a conflict between a rule established by a regulation made under paragraph 24 of subsection (1) and a rule established by the Independent Police Review Director under clause 56 (1) (a), the rule established by regulation prevails.
Same
(1.2) In the event of a conflict between a procedure, condition or requirement made under paragraph 26.4 of subsection (1) and a procedural rule or guideline established by the Independent Police Review Director under clause 56 (1) (b), the procedure, condition or requirement made by regulation prevails.
Access to Justice Act, 2006 (Bill 14)
13. (1) This section applies only if Bill 14 (An Act to promote access to justice by amending or repealing various Acts and by enacting the Legislation Act, 2006), introduced on October 27, 2005, receives Royal Assent.
(2) References in this section to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day section 10 of this Act comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 56 (3) of the Police Services Act, as re-enacted by section 10 of this Act, is amended by striking out “Regulations Act” at the end and substituting “Part III of the Legislation Act, 2006”.
(4) On the later of the day section 10 of this Act comes into force and the day subsection 129 (1) of Schedule C to Bill 14 comes into force, clause 82 (1) (b) of the Police Services Act, as enacted by section 10 of this Act, is repealed and the following substituted:
(b) a person authorized under the Law Society Act to be a prosecutor at the hearing.
(5) On the later of the day section 10 of this Act comes into force and the day subsection 129 (2) of Schedule C to Bill 14 comes into force, subsection 82 (3) of the Police Services Act, as enacted by section 10 of this Act, is repealed and the following substituted:
Same
(3) The board or Commission shall designate to be the prosecutor at a hearing held under subsection 69 (8) or 77 (7), as the case may be, a person authorized under the Law Society Act to be a prosecutor at the hearing, and the board shall pay the prosecutor’s remuneration regardless of whether the prosecutor is designated by the board or by the Commission.
(6) On the later of the day section 10 of this Act comes into force and the day subsection 129 (3) of Schedule C to Bill 14 comes into force, subsection 83 (4) of the Police Services Act, as enacted by section 10 of this Act, is repealed and the following substituted:
Notice and right to representation
(4) The parties to the hearing shall be given reasonable notice of the hearing, and each party may be represented by a person authorized under the Law Society Act to represent the party.
(7) On the later of the day section 10 of this Act comes into force and the day subsection 129 (4) of Schedule C to Bill 14 comes into force, subsection 83 (12) of the Police Services Act, as enacted by section 10 of this Act, is amended by striking out “or person’s counsel or agent”.
Commencement
14. (1) This section and section 15 come into force on the day this Act receives Royal Assent.
Same
(2) Sections 1 to 13 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
15. The short title of this Act is the Independent Police Review Act, 2007.