Community Safety and Policing Act, 2019

PART I Principles and Interpretation

1 Policing shall be provided throughout Ontario in accordance with the following principles: 1. The need to ensure the safety and security of all persons and property in Ontario, including on First Nation reserves. 2. The importance of safeguarding the fundamental rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code. 3. The need for co-operation between policing providers and the communities they serve. 4. The importance of respect for victims of crime and understanding of their needs. 5. The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society. 6. The need to be responsive to the unique histories and cultures of First Nation, Inuit and Métis communities. 7. The need to ensure that police services and police service boards are representative of the communities they serve. 8. The need to ensu…

2 (1) In this Act, “adequate and effective policing” has the meaning set out in subsection 11 (1); (“services policiers convenables et efficaces”) “Arbitration and Adjudication Commission” means the Ontario Police Arbitration and Adjudication Commission continued by subsection 147 (1); (“Commission d’arbitrage et de décision”) “auxiliary member” means a member of a police service appointed under section 91; (“membre auxiliaire”) “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “chief of police” means a chief of police of a police service maintained by a police service board or the Commissioner, and includes an acting chief of police; (“chef de police”, “chef”) “Commission Chair” means the chair of the Arbitration and Adjudication Commission; (“président de la Commission”) “Commissioner” means the Commissioner of th…

PART II Minister’s duties and Powers

Duties

3 (1) The Minister shall, (a) assist in the co-ordination of policing; (b) conduct activities, including research and analysis, to assist in the co-ordination of policing with the activities of prosecutors and other justice sector service providers; (c) support operations for the purpose of delivering policing functions; (d) consult with and advise police service boards, chiefs of police, special constable employers, prescribed policing providers, prescribed entities, municipalities, First Nations, entities that employ First Nation Officers, O.P.P. detachment boards, First Nation O.P.P. boards and police associations in respect of policing, the administration of police services and related matters, including, (i) the effectiveness, efficiency, sustainability and legitimacy of different methods of providing policing, and, (ii) compliance with the Canadian Charter of Rights and Freedoms an…

Information

4 (1) Police service boards, chiefs of police, special constable employers, prescribed policing providers, the Complaints Director and administrators appointed under Part VII shall provide the Minister with information prescribed by the Minister that is related to the discharge of the Minister’s duties under subsection 3 (1) at the frequency and in the manner set out in the regulations made by the Minister. 2019, c. 1, Sched. 1, s. 4 (1); 2024, c. 2, Sched. 4, s. 3. Information to Minister on request (2) Police service boards, chiefs of police, special constable employers, prescribed policing providers, the Complaints Director and administrators appointed under Part VII shall provide the Minister with such information as he or she may request from time to time. 2019, c. 1, Sched. 1, s. 4 (2); 2024, c. 2, Sched. 4, s. 3. Time to comply (3) The information requested under subsection (2) sh…

5 (1) The Minister may collect personal information under subsection 4 (1) or (2), directly or indirectly, only if the collection is necessary for the purpose of discharging the Minister’s duties under clause 3 (1) (b), (c), (e), (g), (h), (j) or (k). 2019, c. 1, Sched. 1, s. 5 (1). Other information serves purpose (2) The Minister shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use. 2019, c. 1, Sched. 1, s. 5 (2). Personal information limited to what is reasonably necessary (3) The Minister shall not collect or use more personal information under subsection (1) than is reasonably necessary to meet the purpose of the collection or use. 2019, c. 1, Sched. 1, s. 5 (3). Accuracy (4) Before using personal information collected under subsection (1), the Minister shall take reasonable steps to ensure that the i…

6-8 Repealed: 2023, c. 12, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 4 - 08/06/2023

9 (1) The Minister shall ensure that a review of section 5 and any regulations relating to that section is commenced within two years after the day subsection 5 (1) comes into force. 2019, c. 1, Sched. 1, s. 9 (1); 2023, c. 12, Sched. 1, s. 5. Consultation with Information and Privacy Commissioner (2) The person conducting the review shall consult with the Information and Privacy Commissioner. 2019, c. 1, Sched. 1, s. 9 (2). Report (3) The person conducting the review shall provide the Minister with a report on the review. 2019, c. 1, Sched. 1, s. 9 (3). Publication (4) The Minister shall publish the report on the Internet. 2019, c. 1, Sched. 1, s. 9 (4). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 5 - 01/04/2024

PART III Provision of Policing

Responsibility for Providing Policing

10 (1) The police service boards and the Commissioner shall ensure adequate and effective policing is provided in the area for which they have policing responsibility in accordance with the needs of the population in the area and having regard for the diversity of the population in the area. 2019, c. 1, Sched. 1, s. 10 (1); 2023, c. 12, Sched. 1, s. 6 (1). Municipal board policing responsibility (2) Subject to the regulations, the area for which a municipal board has policing responsibility shall be determined in accordance with Part IV. 2019, c. 1, Sched. 1, s. 10 (2); 2024, c. 27, Sched. 6, s. 3. First Nation board policing responsibility (3) The area for which a First Nation board has policing responsibility shall be specified in the regulation made under section 32 constituting the board. 2019, c. 1, Sched. 1, s. 10 (3). Commissioner policing responsibility (4) The Commissioner has p…

11 (1) Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations, including the standards with respect to the avoidance of conflicts of interest, and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code: 1. Crime prevention. 2. Law enforcement. 3. Maintaining the public peace. 4. Emergency response. 5. Assistance to victims of crime. 6. Any other prescribed policing functions. Does not include certain functions (2) Adequate and effective policing does not include, (a) the enforcement of municipal or First Nation by-laws, other than prescribed by-laws; and (b) providing court security in accordance with Part XV. Exceeding standards (3) For greater certainty, a police service board or the Commissioner may provide policing or other services that exceed the standards for …

12 (1) The regulations may provide that a prescribed policing provider shall provide a policing function in an area that, (a) is not among the primary duties of a constable at common law; or (b) is a specialized policing function. Provision by prescribed policing providers (2) The following rules apply if the regulations provide that a prescribed policing provider shall provide a policing function in an area: 1. The prescribed policing provider shall provide the policing function in the area in accordance with the standards for adequate and effective policing. 2. The police service board, or the Commissioner, that has policing responsibility for the area, i. is not responsible for providing the policing function in the area, ii. shall not provide the policing function in the area if the regulations so provide, and iii. shall cooperate with the prescribed policing provider to enable it to…

Use of Personnel

13 (1) Subject to section 14, a police service board must use members of the police service maintained by the police service board, or persons who are assisting those members while acting under their direction, to provide policing functions. 2019, c. 1, Sched. 1, s. 13 (1). Same (2) Subject to section 14, the Commissioner must use members of the Ontario Provincial Police, or persons who are assisting those members while acting under their direction, to provide policing functions. 2019, c. 1, Sched. 1, s. 13 (2). Referral (3) If responsibility for providing a policing function in relation to a specific investigation, vehicle pursuit, or other instance is referred to the chief of police of a different police service or otherwise transferred to a member of a different police service or to a police service board that maintains a different police service, the following rules apply: 1. If the …

14 (1) If the regulations so provide, a police service board or the Commissioner may provide a policing function in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with another police service board or the Commissioner to provide the policing function in the area with members of that other board’s police service or members of the Ontario Provincial Police, as applicable, or persons assisting those members while acting under their direction. Provision using prescribed entity (2) If the regulations so provide and subject to subsection (3), a police service board or the Commissioner may provide a policing function in an area for which the board or the Commissioner has policing responsibility by entering into an agreement with a prescribed entity to have the entity provide the policing function in the area. Provision of certain functio…

15 The Commissioner, every police service board and every prescribed policing provider shall ensure that any people used to provide a policing function meet the prescribed qualifications, if any.

Special Areas

16 (1) If, because of the establishment of a business or for any other reason, special circumstances or abnormal conditions in an area make it inequitable, in the Minister’s opinion, to impose the responsibility for policing on a police service board or the Commissioner, the Lieutenant Governor in Council may make regulations designating the area as a special area. 2019, c. 1, Sched. 1, s. 16 (1). Agreement for provision of policing (2) The person who operates the business or owns the special area shall enter into a written agreement with a police service board or with the Minister with respect to the cost of providing adequate and effective policing in the special area. 2019, c. 1, Sched. 1, s. 16 (2). Failure to enter into agreement (3) If the person who operates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Commissioner or polic…

Additional Services and Extra Policing

17 (1) A police service board may enter into a written agreement with a municipality or with any other person to provide policing, or other specified services, that would not otherwise be provided or be required to be provided by the police service board. 2023, c. 12, Sched. 1, s. 9. Same (2) The Minister may enter into a written agreement with a municipality or with any other person to have the Commissioner provide policing, or other specified services, that would not otherwise be provided or be required to be provided by the Commissioner. 2023, c. 12, Sched. 1, s. 9. Costs (3) Section 65 applies to the cost of policing provided by the Commissioner in accordance with an agreement under this section. 2023, c. 12, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 9 - 01/04/2024

18 (1) A person who causes a temporary increase in the cost of providing adequate and effective policing in an area by organizing an event, such as a parade or festival, engaging in an activity that involves the closure of a highway, engaging in a commercial enterprise or engaging in any other prescribed activity, may be charged for the cost of that temporary increase by, (a) a police service board, if its police service provided the policing; or (b) the Minister, if the Commissioner provided the policing. 2019, c. 1, Sched. 1, s. 18 (1). Agreement (2) The police service board or the Minister may enter into an agreement with the person referred to in subsection (1) to recover the increase in the cost of providing adequate and effective policing. 2019, c. 1, Sched. 1, s. 18 (2). Costs of agreement (2.1) An agreement under subsection (2) shall provide for the amount that the person will be…

Temporary Assistance and Emergencies

19 (1) A chief of police may request temporary assistance in providing adequate and effective policing from another chief of police or an entity that employs First Nation Officers. 2024, c. 27, Sched. 6, s. 4 (1). Same (1.1) A chief of police may, in prescribed circumstances and subject to any prescribed restrictions, request temporary assistance in providing adequate and effective policing from an entity governed by the law of another Canadian jurisdiction that has been prescribed under subsection (1.3). 2025, c. 6, Sched. 4, s. 1 (1). Temporary assistance restrictions (1.2) An entity governed by the law of another Canadian jurisdiction who provides temporary assistance pursuant to a request made under subsection (1.1) shall provide the assistance in accordance with any prescribed restrictions. 2025, c. 6, Sched. 4, s. 1 (1). Minister to prescribe (1.3) The Minister may prescribe an ent…

20 (1) The Inspector General may make an order requiring a police service board or the Commissioner to ensure adequate and effective policing is provided in an area if he or she finds that adequate and effective policing is not being provided in the area or that an emergency exists in the area. 2019, c. 1, Sched. 1, s. 20 (1); 2023, c. 12, Sched. 1, s. 11. Rules (2) The following rules apply to orders made under subsection (1): 1. If the order is made to the Commissioner, he or she shall provide policing in the area until the Inspector General determines otherwise. 2. If the order is made to a police service board, the board may, i. decline to provide the policing, or ii. provide policing in the area as it considers necessary and stop providing the policing when it considers it appropriate to do so. 2019, c. 1, Sched. 1, s. 20 (2). Cost (3) If a police service board, or the Commissioner,…

21 (1) In an emergency, the Minister may make an agreement with the Crown in right of Canada, or of another province, or with any of its agencies for the provision of policing. Authority to act as police officers (2) The agreement authorizes all peace officers to whom it relates to act as police officers in the area to which the agreement relates. Application (3) For the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the relationship between a member of a police service and the body that employs him or her continues as if an agreement had not been made under this section. Expense of calling out Canadian Forces (4) If the services of the Canadian Forces are provided under this section, the municipality in whose territory the services are required shall pay all the related expenses. Resignation during emergency prohibited (5) Subject to secti…

PART IV Municipal Policing and Police Service Boards

Methods of Providing Municipal Policing

22 (1) Subject to subsection (2), every municipality may, with the approval of the Minister, do one of the following: 1. Constitute a municipal board to have policing responsibility for the municipality. 2. Enter into a written agreement under section 23 with one or more other municipalities to amalgamate their police services and jointly constitute a municipal board to have policing responsibility for the municipalities. 3. Enter into a written agreement under section 24 with one or more other municipalities to jointly constitute a municipal board to have policing responsibility for the municipalities. 4. Enter into a written agreement under section 26 with another municipality to have that municipality’s municipal board assume policing responsibility for the municipality. 5. Enter into a written agreement with a First Nation board to have the board assume policing responsibility for th…

23 (1) Multiple municipalities that have municipal boards may enter into a written agreement to amalgamate their police services and jointly constitute a new municipal board. Authorization required (2) The agreement must be authorized by by-laws of the participating municipalities and requires the approval of the Minister. Contents of amalgamation agreement (3) The agreement must specify, (a) the composition of the police service board, including, (i) whether the board will be composed of five, seven or nine members, (ii) which municipality shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (a) or (6) (a), (iii) which municipality shall appoint a member if the head described in subclause (ii) refuses or is not eligible to become a member of the board, and (iv) which municipality shall appoint the members of the board under clauses 31 (4) (b) and (c),…

24 (1) Multiple municipalities may enter into a written agreement to jointly constitute a municipal board. Authorization required (2) The agreement must be authorized by by-laws of the participating municipalities and requires the approval of the Minister. Required contents (3) The agreement must specify, (a) the composition of the police service board, including, (i) whether the board will be composed of five, seven or nine members, (ii) which municipality shall be entitled to have its head be a member of the board under clause 31 (4) (a), (5) (a) or (6) (a), (iii) which municipality shall appoint a member if the head described in subclause (ii) refuses or is not eligible to become a member of the board, and (iv) which municipality shall appoint the members of the board under clauses 31 (4) (b) and (c), (5) (b) and (c) or (6) (b) and (c) or how those appointments shall be allocated amon…

25 (1) This section applies to any municipality, as defined in subsection 1 (1) of the Municipal Act, 2001, that is not listed in the definition of a municipality in subsection 2 (3) of this Act. 2019, c. 1, Sched. 1, s. 25 (1). Ability to constitute municipal board (2) A municipality described in subsection (1) may, with the Minister’s approval, constitute a municipal board to have policing responsibility for the municipality. 2019, c. 1, Sched. 1, s. 25 (2). Criteria for Minister’s approval (3) The Minister may approve the new municipal board under subsection (2) if he or she is satisfied that the new board will ensure adequate and effective policing is provided for the foreseeable future. 2019, c. 1, Sched. 1, s. 25 (3); 2023, c. 12, Sched. 1, s. 12. Same (4) Without restricting the matters the Minister may consider when deciding whether to approve a municipal board under subsection (…

26 (1) Two municipalities may enter into a written agreement to have one of the municipalities’ municipal boards assume policing responsibility for the municipality. Advisors to municipal board (2) The municipality that receives policing pursuant to an agreement made under subsection (1) may select a person to advise the other municipality’s board with respect to the preparation of its strategic plan. Term of office (3) The term of office for a person selected to advise another municipality’s board shall be set by the municipality when the person is selected, but shall not exceed the term of office of the municipal council that selected him or her. Same, reappointment (4) A person selected to advise another municipality’s board may continue to sit after the expiry of the term of office of the municipal council that selected him or her until the selection of his or her successor, and is e…

27 (1) A municipality may, with the Minister’s approval, enter into a written agreement with a band council of a First Nation to assign policing responsibility for a First Nation reserve that is not within a First Nation board’s area of policing responsibility to the municipal board. Required contents (2) An agreement under subsection (1) shall address the policing and other services to be provided, the area in which they will be provided and the level at which they will be provided. Effect on area of policing responsibility (3) When the agreement comes into effect, (a) the First Nation reserve shall become part of the municipal board’s area of policing responsibility, if it was not already part of that area; and (b) any other entity that previously had policing responsibility for the area no longer has that responsibility. Termination requirements (4) A municipality that has entered int…

Municipal Diversity Plans

28 (1) Every municipality that maintains a municipal board shall prepare and, by resolution, approve a diversity plan to ensure that the members of the municipal board appointed by the municipality are representative of the diversity of the population in the municipality. Publication (2) The plan shall be published on the Internet in accordance with the regulations made by the Minister, if any. Review and revision (3) The municipality shall review and, if appropriate, revise the plan at least once every four years. Report (4) The municipality shall publish reports on the implementation of the plan on the Internet in accordance with the regulations made by the Minister, if any. Transition (5) A municipality’s first diversity plan under subsection (1) shall be approved before the later of, (a) 12 months after the day this section comes into force; and (b) 12 months after the municipality c…

29 (1) If the need to appoint a new member of a police service board by resolution of a municipality is reasonably foreseeable, the municipality shall take reasonable steps to promote the availability of the appointment, having regard to the need to ensure that police service boards are representative of the communities they serve. 2023, c. 12, Sched. 1, s. 13. Promotion by Minister (2) The Minister shall take reasonable steps to promote the availability of public appointments to police service boards, having regard to the need to ensure that police service boards are representative of the communities they serve. 2023, c. 12, Sched. 1, s. 13. Definition (3) In this section, “public appointment” means an appointment by the Lieutenant Governor in Council or the Minister. 2023, c. 12, Sched. 1, s. 13. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 13, 76 - 01/04/202…

30 (1) A municipality that maintains a municipal board may, with the approval of the Minister, dissolve the board. Criteria for Minister’s approval (2) The Minister may approve the dissolution if he or she is satisfied that appropriate arrangements have been made for the provision of adequate and effective policing in the area after the board is dissolved. Inspector General (3) The Minister may ask the Inspector General to investigate a municipality and report on whether appropriate arrangements have been made for the provision of adequate and effective policing in the affected area if the municipal board is dissolved.

Municipal Boards Municipal boards

31 (1) A municipal board shall be known as (insert name of municipality) Police Service Board and may also be known as Commission de service de police de (insert name of municipality). Number of board members (2) The municipal board shall be composed of five members unless the municipality passes a resolution to change the number of members under subsection (3). Resolution to determine board size (3) The municipality may determine, by resolution, that its municipal board shall be composed of five, seven or nine members. Five-member boards (4) A municipal board that is composed of five members shall consist of, (a) the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the municipality; (b) one member of the municipal council appointed by resolution of the municipa…

First Nation Boards

32 (1) A band council of a First Nation may request that the Minister constitute a First Nation board to ensure that adequate and effective policing is provided in a First Nation reserve or any other specified area. 2019, c. 1, Sched. 1, s. 32 (1); 2023, c. 12, Sched. 1, s. 14. Joint request (2) Multiple band councils may jointly make a request to constitute a board under subsection (1). 2019, c. 1, Sched. 1, s. 32 (2). Application to joint boards (3) Subject to the regulations, the provisions of this Act that apply to First Nation boards apply, with necessary modifications, to joint First Nation boards. 2019, c. 1, Sched. 1, s. 32 (3). Contents of request (4) A request made under subsection (1) must specify, (a) the area for which the proposed board would have policing responsibility; (b) the composition of the proposed board; (c) the method of appointing members of the proposed board; …

Appointment of Police Service Board Members Appointment

33 (1) In appointing or reappointing a member of a police service board, the appointing person or body shall consider, (a) the need to ensure that the police service board is representative of the area it serves, having regard for the diversity of the population in the area; (b) the need for the police service board to have members with the prescribed competencies, if any; and (c) any applicable diversity plan. 2019, c. 1, Sched. 1, s. 33 (1). Police record check (2) The appointing person or body must consider the results of a potential appointee’s police record check that was prepared within the past 12 months before appointing him or her as a member of a police service board. 2019, c. 1, Sched. 1, s. 33 (2). Revocation of appointments (3) For greater certainty, the power to appoint a member of a police service board includes the power to revoke the appointment and to appoint a replacem…

34 (1) The term of office for a member of a municipal board appointed by resolution of a municipality shall be set out by the municipality in his or her appointment, but shall not exceed the term of office of the municipal council that appointed the member. Same (2) A member of a municipal board appointed by resolution of a municipality may continue to sit until the earlier of, (a) six months after the expiry of his or her term of office; or (b) the day the member’s successor is appointed by the municipality. Vacancy (3) If the position of a member of a municipal board who is appointed by resolution of a municipality or who holds office by virtue of being the head of a municipality becomes vacant, the board shall notify the municipality and the municipality shall appoint a replacement. Remuneration (4) The members of the municipal board who are appointed by the Lieutenant Governor in Cou…

35 (1) A member of a police service board shall, before exercising the powers or performing the duties of a member of the board, take an oath or affirmation of office in the form prescribed by the Minister. 2019, c. 1, Sched. 1, s. 35 (1); 2024, c. 27, Sched. 6, s. 5. Required training (2) A member of a police service board or of a committee of the board shall successfully complete the following training: 1. The training approved by the Minister with respect to the role of a police service board and the responsibilities of members of a board or committee. 2. The training approved by the Minister with respect to human rights and systemic racism. 3. The training approved by the Minister that promotes recognition of and respect for, i. the diverse, multiracial and multicultural character of Ontario society, and ii. the rights and cultures of First Nation, Inuit and Métis Peoples. 4. Any oth…

36 (1) The members of a police service board shall elect a chair at the board’s first meeting in each year. Vice-chair (2) The members of a police service board may also elect a vice-chair at the first meeting in each year, and the vice-chair shall act as the chair if the chair is absent or if the chair’s position is vacant.

Police Service Board Duties and Powers

37 (1) A police service board shall, (a) ensure that adequate and effective policing is provided in the area for which it has policing responsibility as required by section 10; (b) employ members of the police service; (c) appoint members of the police service as police officers; (d) recruit and appoint the chief of police and any deputy chief of police and determine their remuneration and working conditions, taking their submissions into account; (e) prepare and adopt a diversity plan to ensure that the members of the police service reflect the diversity of the area for which the board has policing responsibility; (f) monitor the chief of police’s performance; (g) conduct a review of the chief of police’s performance at least annually in accordance with the regulations made by the Minister, if any; (h) monitor the chief of police’s decisions regarding the restrictions on secondary activ…

38 (1) A police service board shall establish policies respecting, (a) the administration of the police service; (b) the provision of adequate and effective policing in accordance with the needs of the population of the area for which it has policing responsibility; (c) disclosure by the chief of police of personal information about individuals; (d) disclosure of secondary activities under section 89 and decisions under that section; (e) the handling of discipline within the police service; (f) subject to subsection (4), the indemnification of members of the police service for legal costs; and (g) any other prescribed matters. Other policies (2) In addition to the policies required by subsection (1), a police service board may establish policies respecting any other matters related to the police service or the provision of policing. Consultations and considerations (3) A First Nation boa…

39 (1) The police service board shall, in accordance with the regulations, if any, prepare and adopt a strategic plan for the provision of policing, which shall address at least the following matters: 1. How the police service board will ensure the provision of adequate and effective policing in accordance with the needs of the population of the area. 2. The objectives, priorities and core functions of the police service. 3. Quantitative and qualitative performance objectives and indicators of outcomes relating to, i. the provision of community-based crime prevention initiatives, community patrol and criminal investigation services, ii. community satisfaction with the policing provided, iii. emergency calls for service, iv. violent crime and clearance rates for violent crime, v. property crime and clearance rates for property crime, vi. youth crime and clearance rates for youth crime, vi…

40 (1) The police service board may give directions to the chief of police. 2019, c. 1, Sched. 1, s. 40 (1). No direction to other members of the police service (2) For greater certainty, the police service board shall not direct members of the police service other than the chief of police, unless that direction is specifically authorized under Part XII (Discipline and Termination). 2023, c. 12, Sched. 1, s. 18 (1). No direction by individual members of the board (3) No individual member of a police service board shall direct the chief of police or, for greater certainty, any other member of the police service. 2019, c. 1, Sched. 1, s. 40 (3). No directions for certain matters (4) The police service board shall not direct the chief of police with respect to specific investigations, the conduct of specific operations, the discipline of specific police officers, the day-to-day operation of…

41 (1) On or before June 30 in each year, the police service board shall file an annual report with its municipality or band council regarding, (a) the implementation of the board’s strategic plan and the achievement of the performance objectives identified in the strategic plan; (b) the affairs of the police service; (c) the provision of policing as it relates to any community safety and well-being plans adopted by the municipalities or First Nations that are in the board’s area of policing responsibility; and (d) any other prescribed matters. Publication (2) The police service board shall publish the annual report referred to in subsection (1) on the Internet in accordance with the regulations made by the Minister, if any. Information sharing protocol (3) The police service board shall make best efforts to negotiate and enter into a protocol with its municipality or band council that a…

Administration and Finances

42 (1) A police service board may, by by-law, (a) establish a committee and delegate any of the board’s powers under this Act to the committee; or (b) if any power of the board under this Act is prescribed for the purposes of this section, delegate that power to an employee of the board who is not a member of the police service or to the chief of police. Content of by-law (2) A by-law made under subsection (1) may govern the name, powers, duties and quorums of the committee and may, subject to subsections (3), (4) and (5), govern the composition of the committee and appointment of individuals to the committee. Composition (3) A committee shall be composed of, (a) at least two members of the police service board, subject to subsection (4); and (b) any number of additional members, as long as a majority of the committee is composed of members of the police service board. Exception (4) Only…

43 (1) The police service board shall hold at least four meetings each year. Quorum (2) A majority of the members of the police service board constitutes a quorum. Proceedings open to the public (3) Subject to section 44, meetings conducted by the police service board, or by a committee of the board, shall be open to the public. Record of meeting (4) The police service board shall record without note or comment all resolutions, decisions and other proceedings at the meeting, whether it is open to the public or not. Notice (5) The police service board or the committee, as applicable, shall publish notice of a meeting that is open to the public on the Internet, subject to the regulations made by the Minister, if any. Timing of notice (6) The notice shall be published at least seven days before the meeting, except in extraordinary circumstances. Contents of notice (7) The notice must includ…

44 (1) Before holding a meeting, a police service board, or a committee of the board, shall, (a) consider whether to close the meeting or part of the meeting to the public, having regard to the matters listed in subsections (2) and (3); and (b) if the board or committee decides to close the meeting or part of the meeting, state by resolution, (i) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting, or (ii) in the case of a meeting under subsection (6), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection. Subject matter (2) The meeting or part of the meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the board; (b) personal matters about an identifiable individual, includi…

45 A document purporting to be a by-law of the police service board signed by a member or purporting to be a copy of such a by-law certified correct by a member is admissible in evidence without proof of the signature or authority of the person signing.

46 (1) Subject to the regulations made by the Minister, if any, a police service board shall establish its own rules and procedures in performing its duties under this Act and the regulations. Legislation Act, 2006 (2) Part III of the Legislation Act, 2006 does not apply to the rules and procedures established under subsection (1) of this section.

47 (1) A police service board is liable for the acts or omissions of members of its police service committed in the course of their employment. Indemnification by police service board (2) A police service board may, in accordance with the policies established under clause 38 (1) (f), indemnify a member of its police service for reasonable legal costs incurred, (a) in the defence of a civil proceeding, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; or (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith. Agreement (3) An agreement under Part XIII may provide for indemnification for the legal costs of members of the police service, except the legal costs of a member who is found guilty …

48 (1) No action or other proceeding shall be instituted against a member of a police service board for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act, the regulations or the by-laws, or for any alleged omission in the execution in good faith of that duty or power. Police service board’s liability (2) Subsection (1) does not relieve a police service board of liability for a member’s acts or omissions, and the board is liable as if that subsection had not been enacted and as if the member were the board’s employee.

49 (1) A police service board may contract, sue and be sued in its own name. Members not liable for police service board’s contracts (2) The members of a police service board are not personally liable for the board’s contracts.

50 (1) A municipality that maintains a municipal board shall provide the board with sufficient funding to, (a) comply with this Act and the regulations; and (b) pay the expenses of the board’s operation, other than the remuneration of board members. 2019, c. 1, Sched. 1, s. 50 (1); 2023, c. 12, Sched. 1, s. 19 (1). Estimates (2) A municipal board shall submit operating and capital estimates to the municipality that will show, separately, the amounts that will be required to, (a) comply with this Act and the regulations, including the amounts required to provide the police service with required equipment and facilities, having regard for the various ways that the board can discharge this obligation; and (b) pay the expenses of the board’s operation, other than the remuneration of board members. 2019, c. 1, Sched. 1, s. 50 (2); 2023, c. 12, Sched. 1, s. 19 (2). Same (3) The format of the e…

51 (1) This section applies if a First Nation board believes that the funding it receives from the Minister and from all other sources is not sufficient to, (a) comply with this Act and the regulations, including the amounts required to provide the police service with required equipment and facilities, having regard for the various ways that the board can discharge this obligation; and (b) pay the expenses of the board’s operation. 2019, c. 1, Sched. 1, s. 51 (1); 2023, c. 12, Sched. 1, s. 20 (1). Dispute (2) If a First Nation board is not satisfied that the funding is sufficient for the purposes described in clauses (1) (a) and (b), (a) the First Nation board and the Minister may jointly apply to the Commission Chair to appoint a conciliation officer to attempt to resolve the matter; or (b) the First Nation board may give the Minister written notice referring the matter to arbitration. …

52 A municipality may grant financial or other assistance for the benefit of the surviving spouses and children of members of the municipal police service who die from injuries received or illnesses contracted in the discharge of their duties.

Miscellaneous

53 (1) A police service board shall not terminate the employment of a member of a police service for the purpose of abolishing the police service or reducing its size without first obtaining the approval of the Inspector General. Same, planned attrition (2) A police service board shall not reduce the size of its police service by implementing a plan for attrition without first obtaining the approval of the Inspector General. Inspector General’s approval (3) The Inspector General may approve the termination of a member of a police service under subsection (1) or a plan for attrition under subsection (2) if he or she is satisfied that, (a) appropriate arrangements have been made for the provision of adequate and effective policing in the area after the police service is reduced in size or abolished; and (b) in the case of termination, the member being terminated and the police service boar…

54 (1) This section applies if a municipality is entitled to receive fines paid as a result of prosecutions instituted by police officers of the municipal police service. Same (2) If the municipality does not have its own police service, the police officers who are assigned to the municipality shall, for the purposes of determining entitlement to fine payments, be deemed to be police officers of the municipal police service.

55 (1) A municipality may appoint persons to enforce the by-laws of the municipality. Peace officers (2) Municipal by-law enforcement officers appointed under this section are peace officers for the purpose of enforcing municipal by-laws.

Part V Ontario Provincial Police

Commissioner

56 (1) The Lieutenant Governor in Council shall appoint a Commissioner of the Ontario Provincial Police and may appoint one or more deputy Commissioners. 2019, c. 1, Sched. 1, s. 56 (1). Composition of O.P.P. (2) The Ontario Provincial Police consists of the members of the Ontario Provincial Police. 2019, c. 1, Sched. 1, s. 56 (2). Appointments (3) The Commissioner may, in accordance with any diversity plan, policy or directive that is applicable to the public service of Ontario, appoint members of the Ontario Provincial Police as police officers. 2019, c. 1, Sched. 1, s. 56 (3). (4) Repealed: 2023, c. 12, Sched. 1, s. 21 (1). Transition (5) The Commissioner, and any deputy Commissioner, who held his or her appointment under the Police Services Act immediately before that Act was repealed continue to be appointed under this Act and are deemed to have been appointed under this section. 20…

57 The Commissioner shall, (a) provide adequate and effective policing in the area for which he or she has policing responsibility as required by section 10; (b) perform duties under this or any other Act related to the employment of members of the Ontario Provincial Police in accordance with any diversity plan, policy or directive that is applicable to the public service of Ontario; (c) maintain a traffic patrol on the King’s Highway, except the parts prescribed by the Minister; (d) maintain a traffic patrol on a highway or part of a highway that is designated as a connecting link under section 21 of the Public Transportation and Highway Improvement Act, except as prescribed by the Minister; (e) maintain investigative services to assist other police services in accordance with the Minister’s policies; and (f) perform such other duties as are assigned to the Commissioner by or under this…

58 (1) On or before June 30 in each year, the Commissioner shall file an annual report with the Minister that addresses at least the following matters: 1. The implementation of the Minister’s strategic plan and the achievement of the performance objectives identified in the strategic plan. 2. The affairs of the Ontario Provincial Police. 3. Any other prescribed matters. Publication and tabling (2) The Minister shall publish the annual report on the Internet.

Minister

59 The Minister shall, (a) monitor the Commissioner’s performance; (b) conduct a review of the Commissioner’s performance at least annually in accordance with the regulations, if any; (c) monitor the Commissioner’s handling of discipline within the Ontario Provincial Police; (d) ensure that any police facilities, including police lock-ups, used by the Ontario Provincial Police comply with the prescribed standards, if any; and (e) perform such other duties in respect of the Ontario Provincial Police as are assigned to the Minister by or under this Act, including any prescribed duties. 2019, c. 1, Sched. 1, s. 59; 2023, c. 12, Sched. 1, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 22 - 01/04/2024

60 (1) Subject to subsection (2), the Minister shall establish policies respecting, (a) the provision of adequate and effective policing by the Commissioner in accordance with the needs of the population in the areas for which the Commissioner has policing responsibility; (b) disclosure by the Commissioner of personal information about individuals; (c) investigative services that the Commissioner must provide to other police services; (d) the handling of discipline within the Ontario Provincial Police; (e) subject to subsection (4) and to the regulations, the indemnification of members of the Ontario Provincial Police for legal costs; and (f) any other prescribed matters. 2019, c. 1, Sched. 1, s. 60 (1). (2) Repealed: 2023, c. 12, Sched. 1, s. 23. Other policies (3) In addition to the policies required by subsection (1), the Minister may establish policies respecting any other matters re…

61 (1) The Minister shall, in accordance with the regulations, if any, prepare and adopt a strategic plan for the provision of policing by the Commissioner, which shall address at least the following matters: 1. How the Commissioner will ensure the provision of adequate and effective policing in accordance with the needs of the population of the areas for which he or she has policing responsibility. 2. The objectives, priorities and core functions of the Ontario Provincial Police. 3. Quantitative and qualitative performance objectives and indicators of outcomes relating to, i. the provision of community-based crime prevention initiatives, community patrol and criminal investigation services, ii. community satisfaction with the policing provided, iii. emergency calls for service, iv. violent crime and clearance rates for violent crime, v. property crime and clearance rates for property cr…

62 (1) The Minister may give directions to the Commissioner. 2019, c. 1, Sched. 1, s. 62 (1). No direction to other members of the O.P.P. (2) For greater certainty, the Minister shall not direct members of the Ontario Provincial Police other than the Commissioner. 2019, c. 1, Sched. 1, s. 62 (2). No directions for certain matters (3) The Minister shall not direct the Commissioner with respect to specific investigations, the conduct of specific operations, the discipline of specific police officers, the day-to-day operation of the Ontario Provincial Police or other prescribed matters. 2019, c. 1, Sched. 1, s. 62 (3); 2023, c. 12, Sched. 1, s. 25 (1). Same (3.1) Subsection (3) does not prevent the Minister from issuing directions that may affect operations. 2023, c. 12, Sched. 1, s. 25 (2). Other information serves purpose (4) The Minister shall not direct the Commissioner to provide perso…

Administration and Finances

63 (1) The Crown in right of Ontario is liable for the acts or omissions of members of the Ontario Provincial Police committed in the course of their employment. Indemnification of member of O.P.P. (2) The Minister of Finance may indemnify, out of the Consolidated Revenue Fund, a member of the Ontario Provincial Police for reasonable legal costs incurred, (a) in the defence of a civil proceeding, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; or (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith. Agreement (3) The Ontario Provincial Police Association and the Crown in right of Ontario may provide for indemnification for the legal costs of members of the Ontario Provincial Police in …

64 (1) A municipality in the area for which the Commissioner has policing responsibility shall pay the Minister of Finance for the policing and court security the Commissioner provides, in the amount and the manner provided by the regulations. 2019, c. 1, Sched. 1, s. 64 (1); 2023, c. 12, Sched. 1, s. 26. Collection (2) Subsections 65 (2), (4) and (5) apply with necessary modifications to the payments made under subsection (1). 2019, c. 1, Sched. 1, s. 64 (2). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 26 - 01/04/2024

65 (1) The Minister may charge a municipality, a police service board, or any person or entity for any service the Commissioner provides to them under this Act or the regulations other than the policing referred to in subsection 64 (1). Payment into Consolidated Revenue Fund (2) The amounts received for any service the Commissioner provides shall be paid into the Consolidated Revenue Fund. No agreement as to cost (3) If no agreement has been entered into with respect to the cost of the services provided by the Commissioner, the Commissioner may, with the approval of the Minister, certify the cost of the services, and the cost shall be paid by the municipality, police service board, or person or entity that received them. Collection of amounts owed (4) The amount owed for any service the Commissioner provides, if not collected by other means, may be recovered by a court action as a debt d…

66 The Lieutenant Governor in Council may, out of money appropriated for that purpose by the Legislature, grant financial or other assistance for the benefit of the surviving spouses and children of members of the Ontario Provincial Police who die from injuries received or illnesses contracted in the discharge of their duties.

O.P.P. Detachment Boards

67 (1) There shall be an O.P.P. detachment board, or more than one O.P.P. detachment board in accordance with the regulations made by the Minister, for each detachment of the Ontario Provincial Police that provides policing in a municipality or in a First Nation reserve. 2019, c. 1, Sched. 1, s. 67 (1); 2023, c. 12, Sched. 1, s. 27 (1). Exemptions (1.1) Subsection (1) is subject to any exemptions set out in the regulations made by the Minister. 2023, c. 12, Sched. 1, s. 27 (2). Composition (2) The composition of the O.P.P. detachment board shall be as provided in the regulations made by the Minister. 2019, c. 1, Sched. 1, s. 67 (2); 2023, c. 12, Sched. 1, s. 27 (3). Term of office and remuneration (3) The term of office and remuneration and expenses of the members of the O.P.P. detachment board shall be as provided in the regulations made by the Minister. 2019, c. 1, Sched. 1, s. 67 (3);…

68 (1) The O.P.P. detachment board shall, (a) participate in the Commissioner’s selection of a permanent detachment commander in accordance with the process established by the Commissioner; (b) determine objectives and priorities for the detachment, not inconsistent with the strategic plan prepared by the Minister, after consultation with the detachment commander or his or her designate; (c) advise the detachment commander with respect to policing provided by the detachment; (d) monitor the performance of the detachment commander; (e) review the reports from the detachment commander regarding policing provided by the detachment; and (f) on or before June 30 in each year, provide an annual report to the municipalities and band councils regarding the policing provided by the detachment in their municipalities or First Nation reserves. 2019, c. 1, Sched. 1, s. 68 (1); 2023, c. 12, Sched. 1,…

69 (1) An O.P.P. detachment board may establish local policies, after consultation with the detachment commander or his or her designate, with respect to policing in the area receiving policing from the detachment. 2019, c. 1, Sched. 1, s. 69 (1). Local policy requirements (2) A local policy established under subsection (1) must meet the following requirements: 1. The local policy must not be inconsistent with, i. the strategic plan prepared by the Minister, ii. any policies established by the Minister under section 60, iii. any procedures established by the Commissioner, or iv. the local action plan prepared by the detachment commander. 2. The local policy must not relate to specific investigations, the conduct of specific operations, the management or discipline of specific police officers or other prescribed matters. 3. The local policy must not require a member of the Ontario Provinc…

70 (1) A detachment commander shall, in accordance with the regulations, if any, prepare and adopt a local action plan for the provision of policing provided by the detachment, which shall address at least the following matters: 1. How adequate and effective policing will be provided in the area served by the detachment, in accordance with the needs of the population in the area and having regard for the diversity of the population in the area. 2. The objectives and priorities for the detachment determined by the O.P.P. detachment board and such other objectives and priorities determined by the detachment commander. 3. Quantitative and qualitative performance objectives and indicators of outcomes relating to, i. the provision of community-based crime prevention initiatives, community patrol and criminal investigation services, ii. community satisfaction with the policing provided, iii. e…

71 (1) An O.P.P. detachment board shall prepare estimates, in accordance with the regulations made by the Minister, of the total amount that will be required to pay the expenses of the board’s operation, other than the remuneration of board members. 2019, c. 1, Sched. 1, s. 71 (1); 2023, c. 12, Sched. 1, s. 31 (1). Submit to municipalities (2) The O.P.P. detachment board shall submit the estimates to every municipality that receives policing from the detachment along with a statement of the municipality’s share of the costs, which are to be determined in accordance with the regulations made by the Minister. 2019, c. 1, Sched. 1, s. 71 (2); 2023, c. 12, Sched. 1, s. 31 (2). Budget (3) Subject to subsection (4), the municipalities shall contribute their share of the costs to the O.P.P. detachment board’s budget in accordance with the estimates. 2019, c. 1, Sched. 1, s. 71 (3). Arbitration …

72-75 Repealed: 2023, c. 12, Sched. 1, s. 32. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 32 - 08/06/2023

Agreements with First Nations

76 (1) A band council of a First Nation may enter into a written agreement with the Minister for the provision of policing and other specified services by the Commissioner in the First Nation reserve or other specified area. Required contents (2) An agreement under subsection (1) shall address the policing and other services to be provided, which may include the enforcement of First Nation by-laws, the area in which they will be provided and the level at which they will be provided. Optional contents (3) The agreement may address any other matters, including, (a) the manner in which the policing and other services will be provided, including requiring it to be provided by police officers or other members of the Ontario Provincial Police who work primarily or exclusively in the First Nation reserve or other specified area; (b) the steps that will be taken to ensure that the policing and o…

77 (1) A band council of a First Nation may request that the Minister constitute a First Nation O.P.P. board to oversee the policing provided by the Commissioner pursuant to an agreement that has already been made or that the band council intends to make under section 76. Joint request (2) Multiple band councils may jointly make a request to constitute a board under subsection (1). Application to joint boards (3) Subject to the regulations, the provisions of this Act that apply to First Nation O.P.P. boards apply, with necessary modifications, to joint First Nation O.P.P. boards. Contents of request (4) A request made under subsection (1) must specify, (a) the area that is, or that is intended to be, within the Commissioner’s area of policing responsibility for which the proposed board shall have the powers, duties and functions set out in section 78; (b) the composition of the proposed …

78 (1) The First Nation O.P.P. board shall have all of the powers, duties and functions of an O.P.P. detachment board set out in sections 68 and 69 with respect to a detachment that provides policing under an agreement made under section 76, with necessary modifications. Other applicable provisions (2) The provisions listed in subsection 67 (6) apply to First Nation O.P.P. boards, with necessary modifications, as if they were police service boards. Additional duties (3) In addition to the duties and functions described in subsection (1), the First Nation O.P.P. board shall monitor the provision of policing and other services by the detachment to ensure that it complies with the agreement. Local action plan (4) The detachment commander shall prepare a separate local action plan for the provision of policing to the First Nation or First Nations served by the First Nation O.P.P. board, and …

PART VI Police Officers and other Policing Personnel

Chief of Police

79 (1) A chief of police shall manage the members of the police service to ensure that they carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community. Same, Commissioner (2) The Commissioner shall, (a) administer the Ontario Provincial Police and oversee its operation in accordance with the Minister’s policies and strategic plan; (b) comply with any investigations conducted by the Complaints Director or the SIU Director and any inspections conducted by the Inspector General; and (c) comply with the Minister’s lawful directions. Same, other chief of police (3) A chief of police of a police service maintained by a police service board shall, (a) administer the police service and oversee its operation in accordance with the board’s policies and strategic plan; (b) comply with any investigations conducted by the Complaints…

80 (1) Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations. Purpose of disclosure (2) Any disclosure made under subsection (1) shall be for one or more of the following purposes: 1. Protection of the public. 2. Protection of victims of crime. 3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them. 4. Law enforcement. 5. Correctional purposes. 6. Administration of justice, including the conduct of civil proceedings. 7. Enforcement of and compliance with any federal or provincial Act, regulation or government program. 8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. Same (3) Any disclosure mad…

81 (1) If the SIU Director causes an incident to be investigated under section 15 of the Special Investigations Unit Act, 2019 involving a member of a police service, other than a deputy chief of police, the chief of police of the police service shall investigate, (a) the member’s conduct in relation to the incident; (b) the policing provided by the member in relation to the incident; and (c) the procedures established by the chief of police as they related to the incident. 2019, c. 1, Sched. 1, s. 81 (1). Time for investigation (2) The investigation shall occur promptly, subject to the following rules: 1. The investigation shall not be conducted during the time period described in subsection 208 (3). 2. If the matter that is the subject of an investigation under this section becomes the subject of a prosecution of an offence under a law of Canada, a province or a territory, the followin…

Police Officers

82 (1) The duties of a police officer include, (a) preserving the peace; (b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention; (c) assisting victims of crime; (d) apprehending criminals and other offenders and others who may lawfully be taken into custody; (e) laying charges and participating in prosecutions; (f) executing warrants that are to be executed by police officers and performing related duties; (g) performing the lawful duties that the chief of police assigns; (h) completing training required by this Act or the regulations; (i) complying with the prescribed code of conduct; and (j) performing such other duties as are assigned to him or her by or under this or any other Act, including any prescribed duties. Power to act throughout Ontario (2) A police officer has authority to act as such throughout Ontario. Powe…

83 (1) No person shall be appointed as a police officer unless he or she, (a) is a Canadian citizen or a permanent resident of Canada; (b) is at least 18 years of age; (c) is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public; (d) is of good character; (e) has successfully completed, (i) the training prescribed by the Minister, including techniques to de-escalate conflict situations and any other matters prescribed by the Minister, unless the person has been exempted from some or all of this training in accordance with the regulations made by the Minister, (ii) the training approved by the Minister with respect to human rights and systemic racism, and (iii) the training approved by the Minister that promotes recognition of and respect for, (A) the diverse, multiracial and multicultural charact…

84 (1) The probationary period of a police officer employed by a police service board begins on the day he or she is appointed and ends 12 months after the day of appointment. Extension with consent (2) A chief of police may extend a police officer’s probationary period by up to six months if the police officer consents to the extension. Leave of absence (3) Any time taken by the police officer as a leave of absence does not count towards the fulfilment of the probationary period. Only one probationary period (4) Despite subsection (1), a police officer shall not be subject to a probationary period if he or she has already successfully completed a probationary period as a police officer with a police service, the Royal Canadian Mounted Police or a different prescribed policing organization.

85 (1) A person who is appointed to be a police officer shall, before exercising the powers or performing the duties of a police officer, take oaths or affirmations of office and secrecy in the form prescribed by the Minister. 2019, c. 1, Sched. 1, s. 85 (1); 2024, c. 27, Sched. 6, s. 7. Exception (2) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009. 2019, c. 1, Sched. 1, s. 85 (2). Section Amendments with date in force (d/m/y) 2024, c. 27, Sched. 6, s. 7 - 04/12/2024

86 No police officer who is a member of a police service maintained by a police service board shall engage in political activity, except as permitted by the regulations.

Members of Police Services

87 (1) Subject to subsection (2), a person is not eligible to hold a position as a member of a police service, whether in an acting or permanent capacity, unless he or she meets the prescribed qualifications for the position, if any. Effect of new qualifications (2) Unless the regulations provide otherwise, any new qualifications prescribed under subsection (1) for a position do not apply to a person who held that position immediately before the new qualifications came into effect.

88 (1) If a member of a police service who is an employee of a police service board, or a member of the Ontario Provincial Police, becomes mentally or physically disabled and as a result is incapable of performing the essential duties of his or her position, the board or the Commissioner, as applicable, shall accommodate his or her needs in accordance with the Human Rights Code. Incapacity after accommodation (2) The police service board or the Commissioner may terminate the member’s employment, or retire him or her if entitled to retire with an unreduced pension, if, after holding a hearing in accordance with the regulations, if any, at which the evidence of two legally qualified medical practitioners is received, the board or the Commissioner determines, (a) on the basis of the information available, that the member is mentally or physically disabled and as a result is incapable of per…

89 (1) A member of a police service maintained by a police service board shall not engage in any activity, (a) that interferes with or influences adversely the performance of his or her duties as a member of a police service, or is likely to do so; (b) that places him or her in a position of conflict of interest, or is likely to do so; (c) that would otherwise constitute full-time employment for another person; or (d) in which he or she has an advantage derived from being a member of a police service. Exception, interprovincial officers and auxiliary members (2) Clause (1) (c) does not apply to, (a) a police officer appointed under the Interprovincial Policing Act, 2009; or (b) an auxiliary member of a police service. Disclosure to chief of police (3) A member of a police service maintained by a police service board who proposes to undertake an activity that may contravene subsection (1)…

90 (1) If authorized by the policies of the police service board, a chief of police may appoint employees of the board who are under the direction of the chief of police as police cadets to undergo training. Same (2) If authorized by the policies of the Minister, the Commissioner may appoint persons employed under Part III of the Public Service of Ontario Act, 2006 who are under the direction of the Commissioner as police cadets to undergo training. Not a peace officer (3) For greater certainty, a police cadet is not a peace officer by virtue of his or her position.

91 (1) Subject to the regulations, a police service board may appoint auxiliary members of the police service. 2019, c. 1, Sched. 1, s. 91 (1). Auxiliary members of O.P.P. (2) Subject to the regulations, the Commissioner may appoint auxiliary members of the Ontario Provincial Police. 2019, c. 1, Sched. 1, s. 91 (2). Suspension or termination of appointment (3) A police service board and the Commissioner may suspend or terminate the appointment of an auxiliary member. 2019, c. 1, Sched. 1, s. 91 (3). Notice and opportunity to respond (4) Before the auxiliary member’s appointment is terminated under subsection (3), the member shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine. 2019, c. 1, Sched. 1, s. 91 (4). Authority of auxiliar…

Special Constables

91.1 A special constable may only be one of the following: 1. A member of the Ontario Provincial Police. 2. Employed by a police service board. 3. Employed by a special constable employer. 2025, c. 6, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 6, Sched. 4, s. 3 - 05/06/2025

92 (1) A police service board or the Commissioner may appoint a person as a special constable if he or she, (a) has an offer of employment to be employed as a special constable from, or is currently employed as a special constable by, (i) the board or the Commissioner, or (ii) a special constable employer located in the area for which the board or the Commissioner has policing responsibility; (b) is a Canadian citizen or a permanent resident of Canada; (c) is at least 18 years of age; (d) is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public; (e) is of good character; (f) has successfully completed, (i) the training prescribed by the Minister, including techniques to de-escalate conflict situations and any other matters prescribed by the Minister, unless the person has been exempted from some …

93 (1) The police service board or the Commissioner may amend a special constable’s certificate of appointment, including imposing new terms and conditions or varying existing terms and conditions, after giving the special constable written notice and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine. 2019, c. 1, Sched. 1, s. 93 (1); 2024, c. 2, Sched. 4, s. 3. Amendment to special constable employer’s authorization (2) If the amendment of a special constable employer’s authorization under subsection 97 (6) requires that the special constable employees’ certificates of appointment be amended to be consistent with the authorization, the police service board or the Commissioner shall make the required amendments in accordance with subsection (1) of this section. 2019, c. 1, Sched. 1, s. 93 (2); 2024, c. 2, Sch…

94 (1) A police service board or the Commissioner may suspend or terminate the appointment of a special constable who was appointed by the board or the Commissioner, as applicable. 2019, c. 1, Sched. 1, s. 94 (1); 2024, c. 2, Sched. 4, s. 3. Notice and opportunity to respond (2) Before a special constable’s appointment is terminated, he or she shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the police service board or the Commissioner, as the case may be, may determine. 2019, c. 1, Sched. 1, s. 94 (2); 2024, c. 2, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 4, s. 3 - 01/04/2024

95 (1) A person appointed as a special constable under section 92 or whose appointment is continued under that section shall be employed as a special constable only by the employer specified in the certificate of appointment. 2023, c. 12, Sched. 1, s. 37 (1); 2024, c. 2, Sched. 4, s. 3. Restriction (2) A special constable shall not be employed by a police service to perform all the duties of a police officer on a permanent basis, whether part-time or full-time. 2019, c. 1, Sched. 1, s. 95 (2); 2024, c. 2, Sched. 4, s. 3. Same (3) For greater certainty, subsection (2) does not prohibit police services from authorizing special constables to escort and convey persons in custody and to perform duties related to the responsibilities of police service boards under Part XV. 2019, c. 1, Sched. 1, s. 95 (3); 2024, c. 2, Sched. 4, s. 3. Oaths of office and secrecy (4) A special constable shall, be…

96 (1) Before a special constable exercises a power or performs a duty pursuant to his or her appointment in an area that is outside the area for which the police service board, or the Commissioner, that appointed the special constable has policing responsibility, the special constable shall give notice to the local commander of the police service that provides policing in the area. 2019, c. 1, Sched. 1, s. 96 (1); 2024, c. 2, Sched. 4, s. 3. Content of notice (2) The notice must include the terms and conditions imposed on the special constable’s certificate of appointment and a general description of the special constable’s duties. 2019, c. 1, Sched. 1, s. 96 (2); 2024, c. 2, Sched. 4, s. 3. Exception, agreement (3) Subsection (1) does not apply if the police service board, or the Commissioner, that appointed the special constable has a written agreement with the entity that has policin…

Special Constable Employers

97 (1) A person, other than a for-profit entity, may apply to the Minister for an authorization to employ special constables. 2019, c. 1, Sched. 1, s. 97 (1); 2024, c. 2, Sched. 4, s. 3. Application (2) The person shall make the application in the form prescribed by the Minister and include the prescribed information, if any. 2019, c. 1, Sched. 1, s. 97 (2). Issuance of authorization (3) If the applicant meets the prescribed requirements, the Minister may issue an authorization to employ special constables to the applicant and may impose any terms or conditions on the authorization that the Minister considers appropriate. 2019, c. 1, Sched. 1, s. 97 (3); 2024, c. 2, Sched. 4, s. 3. Factors to be considered (4) In considering whether to issue an authorization under this section, the Minister shall take into consideration the prescribed factors, if any. 2019, c. 1, Sched. 1, s. 97 (4). Wri…

98 (1) A special constable employer shall, (a) comply with the terms and conditions of the authorization; and (b) perform such other duties as are assigned to it by or under this or any other Act, including any prescribed duties. 2019, c. 1, Sched. 1, s. 98 (1); 2024, c. 2, Sched. 4, s. 3. Investigation of conduct (2) If a special constable employed by a special constable employer appears to have engaged in conduct that constitutes misconduct, contravened the terms and conditions of his or her certificate of appointment or contravened any other provision of this Act or the regulations, the special constable employer shall, (a) investigate the conduct and determine if it constitutes such a contravention; (b) report the contravention or alleged contravention to the police service board, or the Commissioner, that appointed the special constable; and (c) take appropriate action to remedy the…

99 (1) Subject to subsection (2), the Minister may suspend or terminate a special constable employer’s authorization if, (a) the employer provided false or misleading information under this Act or the regulations; (b) the employer failed to act in accordance with the terms and conditions of the authorization; (c) in the Minister’s opinion, the employer did not take appropriate action when the employer knew or ought reasonably to have known that his, her or its special constable employee contravened the terms and conditions of his or her certificate of appointment or contravened any other provision of this Act or the regulations; (d) the employer no longer meets the prescribed requirements for the issuance of the authorization; (e) the employer failed to comply with a direction issued by the Inspector General under section 125; (f) the employer is not in compliance with any other provisio…

Special Constables Holding Out as Police Officers

100 (1) No special constable shall hold himself or herself out as a police officer. 2019, c. 1, Sched. 1, s. 100 (1); 2024, c. 2, Sched. 4, s. 3. Same, employer (2) No special constable employer shall hold his, her or its special constables out as police officers. 2019, c. 1, Sched. 1, s. 100 (2); 2024, c. 2, Sched. 4, s. 3. Same, use of terminology (3) No special constable employer shall use the terms “police”, “police service”, “police force” or any similar term to describe his, her or its special constables. 2019, c. 1, Sched. 1, s. 100 (3); 2024, c. 2, Sched. 4, s. 3. Exception, other jurisdictions (4) Subsections (1), (2) and (3) do not apply to a special constable who is appointed or employed as a police officer under the law of another jurisdiction. 2019, c. 1, Sched. 1, s. 100 (4); 2024, c. 2, Sched. 4, s. 3. Exception, First Nation Officers (5) Subsection (3) does not apply to a…

First Nation Officers

101 (1) The Commissioner may appoint a First Nation Officer to perform specified duties. 2019, c. 1, Sched. 1, s. 101 (1). Further approval (2) If the specified duties of a First Nation Officer relate to a First Nation reserve, the appointment also requires the approval of the reserve’s police governing authority or band council. 2019, c. 1, Sched. 1, s. 101 (2). Powers of police officer (3) A First Nation Officer is a peace officer and has the powers of a police officer for the purpose of carrying out his or her specified duties. 2019, c. 1, Sched. 1, s. 101 (3). Duty to consult (4) The Commissioner shall not suspend or terminate the appointment of a First Nation Officer whose specified duties relate to a First Nation reserve without first consulting with the police governing authority or band council that approved the appointment. 2019, c. 1, Sched. 1, s. 101 (4). Suspension or termina…

Commissions under the Great Seal

101.1 (1) The Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to, (a) a chief of police; (b) a deputy chief of police; or (c) a police officer who has attained a prescribed rank. 2023, c. 12, Sched. 1, s. 40. Commissioned First Nation Officers (2) Subject to subsection (4), the Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to a First Nation Officer who has achieved a prescribed rank. 2023, c. 12, Sched. 1, s. 40. Commission may be revoked (3) The Lieutenant Governor in Council may authorize the revocation of a commission issued under the Great Seal. 2023, c. 12, Sched. 1, s. 40. Consultation (4) The Lieutenant Governor in Council may not authorize the issue of a commission under the Great Seal to a First Nation Officer whose specified duties relate to a reserve without first consulting with the rese…

PART VII Inspector General of Policing

Appointment and Duties

102 (1) The Lieutenant Governor in Council shall appoint an Inspector General of Policing and may appoint one or more deputy Inspectors General. 2019, c. 1, Sched. 1, s. 102 (1). Term (2) The Inspector General shall hold office for a term of five years and may be reappointed for one further term of five years. 2019, c. 1, Sched. 1, s. 102 (2). Continuation in office (3) The Lieutenant Governor in Council may, by order, authorize a person appointed as the Inspector General to continue to hold office after expiry of his or her term of office until the earlier of, (a) nine months after the expiry of his or her term of office; or (b) the day a successor is appointed. 2019, c. 1, Sched. 1, s. 102 (3). Inspector General’s duties (4) The Inspector General shall, (a) monitor and conduct inspections of police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, …

103 (1) On or before June 30 in each year, the Inspector General shall file an annual report with the Minister that addresses at least the following matters: 1. The activities of the Inspector General, including, i. inspections conducted, ii. complaints dealt with under sections 106 and 107, iii. notifications sent to the Complaints Director or the SIU Director, iv. directions issued under section 125, and v. measures imposed under section 126. 2. The compliance of the police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, police services and prescribed policing providers with this Act and the regulations. 3. Any other prescribed matters. 2019, c. 1, Sched. 1, s. 103 (1); 2023, c. 12, Sched. 1, s. 42. Publication and tabling (2) The Minister shall publish the annual report on the Internet. 2019, c. 1, Sched. 1, s. 103 (…

Information

104 (1) The police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, prescribed policing providers and administrators appointed under Part VII shall provide the Inspector General with information prescribed by the Minister related to the discharge of the Inspector General’s duties under subsection 102 (4) at the frequency and in the manner set out in the regulations made by the Minister. 2023, c. 12, Sched. 1, s. 43; 2024, c. 2, Sched. 4, s. 3. Information to Inspector General on request (2) The police service boards, O.P.P. detachment boards, First Nation O.P.P. boards, chiefs of police, special constable employers, prescribed policing providers and administrators appointed under Part VII shall provide the Inspector General with such information as the Inspector General may request from time to time. 2023, c. 12, Sched. …

105 (1) The Inspector General may collect personal information under subsection 104 (1) or (2), directly or indirectly, only if the collection is necessary for the purpose of, (a) discharging the Inspector General’s duties under clause 102 (4) (a), (c), (d) or (e); or (b) discharging the Inspector General’s duties under this Act or the regulations related to referrals of conduct that may constitute criminal conduct or misconduct. 2023, c. 12, Sched. 1, s. 44 (1). Other information serves purpose (2) The Inspector General shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use. 2019, c. 1, Sched. 1, s. 105 (2). Personal information limited to what is reasonably necessary (3) The Inspector General shall not collect or use more personal information under subsection (1) than is reasonably necessary to meet the pu…

Complaints

106 (1) Any person, other than a prescribed person, who believes that a member of a police service board, an O.P.P. detachment board or a First Nation O.P.P. board has committed misconduct may make a complaint to the Inspector General in accordance with the regulations, if any. 2019, c. 1, Sched. 1, s. 106 (1); 2023, c. 12, Sched. 1, s. 45 (1). Frivolous or vexatious or made in bad faith (2) The Inspector General may refuse to investigate a complaint made under subsection (1) or from the Complaints Director if, in the Inspector General’s opinion, (a) the complaint is frivolous, vexatious or made in bad faith; or (b) having regard to all the circumstances, dealing with the complaint is not in the public interest. 2019, c. 1, Sched. 1, s. 106 (2); 2023, c. 12, Sched. 1, s. 45 (2). Same (3) For the purposes of a determination under clause (2) (b) as to whether or not it is in the public int…

107 (1) Any person, other than a prescribed person, may make a complaint to the Inspector General in accordance with the regulations, if any, regarding, (a) the adequacy and effectiveness of policing provided under this Act or the regulations, including policing provided by a prescribed policing provider, special constable employer or prescribed entity; (b) a failure of a police service board, O.P.P. detachment board, First Nation O.P.P. board, chief of police, special constable employer, police service or prescribed policing provider to comply with this Act or the regulations, other than misconduct, including a systemic failure; (c) the policies, by-laws, rules or procedures of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Minister; or (d) the procedures established by a chief of police. 2019, c. 1, Sched. 1, s. 107 (1); 2023, c. 12, Sched. 1, s.…

108 (1) If a person who may make a complaint under section 106 or 107 to the Inspector General instead makes the complaint to any of the following persons or entities, that person or entity shall forward the complaint to the Inspector General, inform the person who made the complaint that the complaint has been forwarded, and provide the person with information about the role of the Inspector General: 1. The Minister. 2. The Complaints Director, a deputy Complaints Director or an investigator appointed under section 136. 3. The SIU Director or an employee or investigator in the Special Investigations Unit. 4. A chief of police. 5. A police service board or a member of a police service board. 6. An O.P.P. detachment board or a member of an O.P.P. detachment board. 7. A First Nation O.P.P. board or a member of a First Nation O.P.P. board. 8. Repealed: 2023, c. 12, Sched. 1, s. 47. 9. A spe…

109 (1) For greater certainty, the Minister may make a complaint under section 106 or 107. Complaint in writing (1.1) If the Minister makes a complaint under section 106 or 107, the complaint must be made in writing. 2025, c. 6, Sched. 4, s. 6 (1). Decline investigation (2) If the Minister makes a complaint under section 106 or 107, the Inspector General may decline to act on it and shall provide the Minister with written reasons for that decision. Request to consider interim measures (3) If the Minister makes a complaint under section 106 or 107, the Minister, when making a complaint, may request that the Inspector General consider imposing any interim measures specified in the request in relation to the matter that is the subject of the complaint. 2025, c. 6, Sched. 4, s. 6 (2). Decline to take action (4) If the Minister requests that the Inspector General consider imposing specified i…

109.1 (1) This section applies if the Inspector General receives a complaint from the Minister under section 106 with respect to a member of a police service board, an O.P.P. detachment board or a First Nation O.P.P. board. 2025, c. 6, Sched. 4, s. 7. When interim measure may be imposed (2) The Inspector General may impose one or more of the interim measures described in subsection (3) if all of the following circumstances are met: 1. The Inspector General has not declined under subsection 109 (2) to act on the complaint. 2. There appear to be grounds to believe that the member has committed misconduct. 3. The Inspector General has caused an inspection to be conducted under subsection 111 (2) to respond to the complaint and the inspection has not been completed. 4. The Inspector General is of the opinion that the measure is urgently required to, i. in the case of a complaint with respect…

109.2 (1) This section applies if the Inspector General receives a complaint from the Minister under section 107. 2025, c. 6, Sched. 4, s. 7. When interim measure may be imposed (2) The Inspector General may impose one or more of the interim measures described in subsection (3) if all of the following circumstances are met: 1. The Inspector General has not declined under subsection 109 (2) to act on the complaint. 2. There appear to be grounds to believe that the matter complained of warrants investigation. 3. The Inspector General has caused an inspection to be conducted under subsection 111 (2) to respond to the complaint and the inspection has not been completed. 4. The Inspector General is of the opinion that the measure is urgently required to ensure the provision of adequate and effective policing. 2025, c. 6, Sched. 4, s. 7. Interim measures (3) The interim measures mentioned in s…

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

Inspections