Special Investigations Unit Act, 2019

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Sections48

• 1Definitions

  1 (1) In this Act, “affected person” means, in relation to an incident referred to in subsection 15 (1), a person, (a) who died or was seriously injured, (b) at whom a firearm was discharged, or (c) who reported that he or she was sexually assaulted; (“personne concernée”) “appointing official” and “extra-provincial commander” have the same meaning as in the Interprovincial Policing Act, 2009; (“agent de nomination”, “commandant extraprovincial”) “de-identify”, in relation to the personal information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual; (“anonymiser”) “designated authority” means, (a) in relation to an official who is a police officer other than a chief of police, the chief of police of th…

• 2Officers appointed under the Interprovincial Policing Act, 2009

  2 For the purposes of this Act, a person appointed as a police officer under the Interprovincial Policing Act, 2009 is deemed to be, (a) a member of the Ontario Provincial Police; (b) if he or she was appointed by a member of a police service maintained by a police service board, a member of that police service; or (c) if he or she was appointed by a member of a police service board, a member of the police service maintained by the police service board. 2019, c. 1, Sched. 5, s. 2, 40 (3). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (3) - 01/04/2024

• 3Crown bound

  3 This Act binds the Crown.

• [s3]

  Special Investigations Unit

• 4Special Investigations Unit

  4 (1) The special investigations unit of the Ministry of the Attorney General is continued as a unit outside the Ministry under the name “Special Investigations Unit” in English and “Unité des enquêtes spéciales” in French. Composition (2) The Special Investigations Unit shall be headed by the SIU Director and shall, in addition to the SIU Director, consist of, (a) investigators appointed under section 6; and (b) persons appointed as employees in the Special Investigations Unit in accordance with section 8.

• 5Special Investigations Unit Director

  5 (1) The Lieutenant Governor in Council shall, on the recommendation of the Minister, appoint a Special Investigations Unit Director. Restriction, official or former official (2) An official or former official may not be appointed as Special Investigations Unit Director. Restriction, requirements and qualifications (3) A person may not be appointed as Special Investigations Unit Director unless he or she meets the requirements and qualifications prescribed by the Minister, if any. Term (4) An appointment under subsection (1) shall be for a term of five years, and may be renewed for one further term of five years. Remuneration (5) The Special Investigations Unit Director shall be paid such remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in Council. Functions (6) The Special Investigations Unit Director, (a) shall oversee investigations conducted under t…

• 6Investigators

  6 (1) The SIU Director may appoint as investigators such employees in the Special Investigations Unit or other persons as he or she considers necessary to conduct investigations under this Act, including for the making of preliminary inquiries under section 17, and the appointments shall be in writing. Restriction, official (2) An official may not be appointed as an investigator. Restriction, requirements and qualifications (3) A person may not be appointed as an investigator unless he or she meets the requirements and qualifications prescribed by the Minister, if any. SIU Director as investigator (4) Any power of an investigator appointed under this section may be exercised by the SIU Director.

• 7Peace officers

  7 The SIU Director, a person to whom powers and duties are delegated under subsection 5 (7) and investigators are peace officers.

• 8Employees

  8 (1) Such employees as are considered necessary for the proper conduct of the Special Investigations Unit may be appointed under Part III of the Public Service of Ontario Act, 2006. Restriction (2) An official may not be appointed as an employee. Collection, use and disclosure of personal information

• 9Collection

  9 (1) The SIU Director may, in accordance with this section, collect prescribed personal information for the purposes of clause 5 (6) (c). Limits on collection (2) The SIU Director shall not collect personal information under this section if other information will meet the purposes of clause 5 (6) (c), and shall not collect more personal information under this section than is reasonably necessary to meet those purposes. Manner of collection (3) Personal information shall only be collected under this section directly from the individual to whom the information relates, with the individual’s consent. Same (4) Despite subsection (3), if the regulations so provide, the SIU Director may, in the circumstances specified by the regulations, collect such prescribed personal information as the regulations specify in a manner other than directly from the individual to whom the information relates. …

• 10Agreements with other entities

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

• 11Annual report

  11 (1) The SIU Director shall prepare an annual report on the affairs of the Special Investigations Unit, provide it to the Minister and make it available to the public. Same (2) The SIU Director shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. Same (3) The SIU Director shall include such additional content in the annual report as may be prescribed by the Minister.

• 12Confidentiality

  12 The SIU Director and every investigator, employee in the Special Investigations Unit and person exercising powers or performing duties at the direction of the SIU Director shall preserve secrecy in respect of all information obtained by him or her in the course of exercising a power or performing a duty under this 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 or the Community Safety and Policing Act, 2019, or the regulations made under either of them; (b) to his or her counsel; (c) as may be required for law enforcement purposes; (d) with the consent of the person, if any, to whom the information relates; or (e) where disclosure is otherwise required by law. 2019, c. 1, Sched. 5, s. 12, 40 (2). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (2) - 01/04/2024

• 13Protection from personal liability

  13 (1) No action or other proceeding may be instituted against the SIU Director, an investigator, an employee in the Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 2019, c. 1, Sched. 5, s. 13 (1). Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. 2019, c. 1, Sched. 5, s. 13 (2); 2019, c. 7, Sched. 17, s. 161. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 161 - 01/12/2020

• 14Protection from giving testimony

  14 (1) The SIU Director, an investigator, an employee in the Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director shall not be required to give testimony in a civil proceeding with respect to information obtained by him or her in the course of exercising a power or performing a duty under this Act or a predecessor of this Act. Inadmissibility of documents (2) A document prepared under this Act by the SIU Director, an investigator, an employee in the Special Investigations Unit or a person exercising powers or performing duties at the direction of the SIU Director is not admissible in a civil proceeding.

• [s15]

  Investigations

• 15Power to investigate

  15 (1) The SIU Director may cause an investigation to be conducted into any incident in which any of the following occurs, if the incident may have resulted from criminal conduct by an official: 1. The death of a person. 2. The serious injury of a person. 3. The discharge of a firearm at a person. 4. The sexual assault of a person, as reported by the person. 2019, c. 1, Sched. 5, s. 15 (1). Application of section to officials (2) This section applies in respect of an official if, at the time of the incident, (a) the official was on duty; or (b) the official was off-duty but, (i) engaged in the investigation, pursuit, detention or arrest of a person or otherwise exercised the powers of a police officer, special constable or peace officer, as the case may be, whether or not the official intended to exercise such powers or identified him or herself as a person who may exercise such powers, …

• 16Notification of incident

  16 (1) A designated authority shall immediately notify the SIU Director of an incident referred to in subsection 15 (1) involving an official in relation to whom the authority is designated in any of the following circumstances: 1. In the case of an incident referred to in paragraph 1 or 2 of subsection 15 (1), i. if the official used force against the affected person, ii. if the affected person was detained by or in the custody of the official, iii. if the affected person was involved in a motor vehicle accident involving the official or pursuit by the official, or iv. in any other circumstance in which the designated authority reasonably believes that the official’s conduct may have been a contributing factor in the incident. 2. In any case of an incident referred to in paragraph 3 or 4 of subsection 15 (1). Same (2) For greater certainty, a designated authority is not required to noti…

• 17Preliminary inquiries

  17 (1) The SIU Director may, for the purposes of determining whether an investigation may be conducted under section 15 into an incident involving an official or whether to cause such an investigation to be conducted, make such preliminary inquiries as the SIU Director considers to be necessary in the circumstances in order to make the determination. Notice (2) Unless the SIU Director received notification of the incident from the official’s designated authority under section 16, the SIU Director shall give notice of the making of preliminary inquiries under this section to that designated authority.

• 18Lead investigator

  18 Except in the prescribed circumstances, the SIU Director is the lead investigator in the investigation of an incident or matter under this Act, and shall have priority over, (a) any police service investigating the incident or matter; and (b) any other body that may be prescribed. 2019, c. 1, Sched. 5, s. 18, 40 (1). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (1) - 01/04/2024

• 19Assignment of investigators

  19 (1) The SIU Director shall assign investigators for the purpose of making preliminary inquiries and conducting investigations under this Act. 2019, c. 1, Sched. 5, s. 19 (1). Restriction (2) An investigator who was a member of a police service shall not be assigned to participate in a preliminary inquiry or investigation that relates to a member of that police service, and shall not participate in such a preliminary inquiry or investigation. 2019, c. 1, Sched. 5, s. 19 (2), 40 (1). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (1) - 01/04/2024

• 20Securing the scene

  20 (1) If the SIU Director causes an investigation to be conducted into an incident under section 15 or makes preliminary inquiries under section 17 respecting the incident, every designated authority who receives notice from the SIU Director under one of those sections, or who gives notice to the SIU Director under section 16, shall ensure that any officials or employees over which the designated authority has authority who are at the scene of the incident take any lawful measures that appear to them to be necessary for the purposes of protecting, obtaining or preserving evidence relating to the incident, until an investigator takes charge of the scene. Contrary direction (2) Subsection (1) is subject to any direction to the contrary given by the SIU Director or an investigator.

• 21Incident notes

  21 (1) Every official who may be a subject official or witness official shall complete, in full, notes on the incident. Same (2) The requirement of an official to complete incident notes applies in accordance with any duties respecting such notes to which the official is subject. Timing (3) The incident notes shall be completed by the end of the official’s shift, except where excused by the official’s designated authority. Notice (4) The designated authority shall give written notice of an excusal under subsection (3) to the SIU Director, with reasons.

• 22Notice of whether subject official or witness official

  22 (1) Before requesting an interview with an official or requesting a copy of an official’s incident notes for the purposes of an investigation under section 15, an investigator shall give written notice to the official and to the official’s designated authority as to whether the official is considered for the purposes of the investigation to be a subject official or a witness official. Notice of change (2) If, at any time after notice is given under subsection (1), the SIU Director determines that a subject official should instead be considered to be a witness official in respect of an investigation or vice versa, the SIU Director shall give written notice of the change to the official and to the official’s designated authority. Provision of notes by witness official

• 23Incident notes

  23 (1) If an investigator requests a copy of the incident notes of a witness official for the purposes of an investigation under section 15, (a) the witness official shall, no later than 24 hours after the request is made, give the original notes to his or her designated authority; and (b) the designated authority shall, no later than 24 hours after the request is made or such later time as the investigator may permit, give a copy of the notes to the investigator. Other notes (2) If an investigator requests a copy of any other notes of a witness official for the purposes of an investigation under section 15, the witness official’s designated authority shall give a copy of the notes to the investigator. Notes of subject official

• 24Incident notes

  24 (1) No person shall give to an investigator the original or a copy of any incident notes of a subject official respecting the incident. Change to subject official (2) If notice is given under subsection 22 (2) that an official who was considered to be a witness official in respect of an investigation at the time that a request for a copy of his or her incident notes was made should instead be considered to be a subject official in the investigation, the SIU Director shall return to the official’s designated authority the original and all copies of the incident notes referred to in subsection (1) that are in the possession of the Special Investigations Unit. Section Amendments with date in force (d/m/y) CTS 11 FE 20 - 1

• 25Interview of witness officials

  25 (1) An investigator may, for the purposes of an investigation under section 15, request an interview with a witness official by making the request to the witness official, to the witness official’s designated authority or both. Duty to appear (2) If an investigator requests an interview with a witness official in accordance with subsection (1), the witness official shall meet with the investigator, and shall answer the investigator’s reasonable questions. Same, location and timing (3) The witness official shall meet with the investigator, (a) immediately when the request for the interview is first made or, if there are appropriate grounds for delay, no later than 24 hours after the request is first made; or (b) at such later time as the investigator may specify. Same (4) In determining whether to specify a later time under clause (3) (b), the investigator shall consider any specific c…

• 26Segregation of officials

  26 (1) The designated authority or authorities of the officials involved in an incident that is the subject of an investigation under section 15 shall, to the extent that is practicable, segregate those officials from one another until the investigators have completed their interviews. No communication between officials (2) An official involved in an incident that is the subject of an investigation under section 15 shall not communicate, directly or indirectly, with any other official involved in the incident concerning their involvement, until the investigators have completed their interviews. Application to off-duty officials (3) In this section, a reference to an official includes any other official involved in the incident, regardless of whether he or she was on duty at the time of the incident.

• 27Right to counsel

  27 (1) Subject to subsection (2), every subject official and witness official in an investigation is entitled to consult with legal counsel, a representative of any applicable union, association or collective bargaining agent, or both, and to have one or both present during his or her interview with an investigator. Exception (2) Subsection (1) does not apply in respect of a legal counsel or a representative if, in the opinion of the SIU Director, waiting for the legal counsel or representative would cause an unreasonable delay in the investigation. Limitation (3) Witness officials may not be represented by the same legal counsel as subject officials.

• 28Confidentiality

  28 (1) Information respecting an ongoing investigation or preliminary inquiries under this Act or the incident or matter that is the subject of an investigation or preliminary inquiries shall not be disclosed to any person, except as permitted or required by this Act, the Community Safety and Policing Act, 2019 or the regulations made under either of them, by, (a) a member of a police service; (b) an official; or (c) a designated authority. 2019, c. 1, Sched. 5, s. 28 (1), 40 (1, 2). Exception, Interprovincial Policing Act, 2009 (2) Despite subsection (1), a police officer appointed under the Interprovincial Policing Act, 2009 may disclose the information to his or her extra-provincial commander, and the chief of police of the police service of which such a police officer is a member may disclose the information to, (a) the police officer’s extra-provincial commander; or (b) if the inves…

• 29Public statements by SIU

  29 The SIU Director may issue public statements respecting an ongoing investigation or preliminary inquiries under this Act, if, (a) the statement is aimed at preserving public confidence; and (b) the benefit of preserving public confidence clearly outweighs any detriment to the integrity of the investigation or inquiries. Delegation

• 30By chief of police

  30 (1) A chief of police who is a designated authority under this Act may, in writing, delegate any of his or her powers or duties as designated authority to a senior officer of the chief of police’s police service, subject to such conditions or restrictions as the chief may set out in the delegation. 2019, c. 1, Sched. 5, s. 30 (1), 40 (1). By other designated authorities (2) If so provided by the regulations made by the Minister, a designated authority other than a chief of police may, in writing, delegate any of his or her powers or duties as designated authority to a person or persons specified by those regulations, subject to such conditions or restrictions as the designated authority may set out in the delegation. 2019, c. 1, Sched. 5, s. 30 (2). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (1) - 01/04/2024

• 31Duty to comply

  31 (1) The following persons shall comply with any reasonable direction or request received from the SIU Director or an investigator in relation to an investigation under this Act, immediately or as otherwise specified under this Act, unless it is unlawful or impracticable to do so: 1. An official, other than a subject official. 2. A designated authority or a person to whom powers or duties are delegated under section 30. 3. Any person over whom a designated authority has authority, including any employees. 4. An appointing official. 5. Any other person who may be prescribed. Notification (2) The SIU Director shall immediately advise an official and the official’s designated authority respecting a failure of the official to comply with subsection (1) and, in doing so, shall inform each of them of the penalty to which a person is liable under subsection (3) on conviction of a failure to c…

• 32Charges

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

• 33Public notice if charges laid against official re incident

  33 (1) Subject to subsections (2) and (3), if an investigation under section 15 results in charges being laid against an official, the SIU Director shall, as soon as practicable, give public notice setting out the following, but no other, information: 1. The official’s name. 2. The charges laid and on what date. 3. Information respecting the official’s first scheduled court appearance respecting the charges, if known. 4. Any other information that may be prescribed. Omission of official’s name (2) If the public release of the official’s name may result in the identity of a person who reported that he or she was sexually assaulted being revealed in connection with the sexual assault, the SIU Director may omit the official’s name from the notice, subject to prior consultation with the person. Other omissions (3) If the regulations so provide, the SIU Director shall, in the prescribed circu…

• 34Public notice if no charges laid against official re incident

  34 (1) If an investigation under section 15 does not result in charges being laid against an official, the SIU Director shall publish a report on the website of the Special Investigations Unit containing the following information: 1. The reasons why the investigation was thought to be authorized under section 15. 2. A detailed narrative of the events leading to the investigation. 3. A summary of the investigative process, including a timeline noting any delays. 4. A summary of the relevant evidence considered, subject to subsection (2). 5. Any relevant video, audio or photographic evidence, de-identified to the extent possible, subject to subsection (2). 6. The reasons for not laying a charge against the official. 7. Any other information that may be prescribed. Omission and reasons (2) The SIU Director may omit from the report any information required to be provided under paragraph 4 or…

• 35Investigation timing

  35 (1) The SIU Director shall endeavour to ensure that, no later than 120 days after the commencement of an investigation under this Act into the conduct of an official, (a) the investigation is concluded; and (b) public notice is given under subsection 33 (1) or 34 (1). Status report (2) If the timing requirements of subsection (1) are not met, the SIU Director shall make a public statement respecting the status of the investigation every 30 days following the expiry of the 120-day period referred to in that subsection. Exception (3) Subsection (2) does not apply in respect of a requirement to make a public statement if, in the opinion of the SIU Director, doing so may compromise the integrity of the investigation.

• 35.1Notice to Complaints Director

  35.1 (1) If, during an investigation under this Part, a complaint or issue respecting the conduct of a person against whom a complaint may be brought under Part X of the Community Safety and Policing Act, 2019 is raised and the conduct may constitute misconduct as defined in that Act, the SIU Director shall notify the Complaints Director under that Part. 2019, c. 1, Sched. 5, s. 40 (4). Access to SIU files (2) Subject to subsection (3), the SIU Director may make the files of the Special Investigations Unit respecting an investigation under this Part available to the Complaints Director, on the Complaints Director’s request, other than any document, information or thing that the Complaints Director would not be entitled to obtain or have access to under the Community Safety and Policing Act, 2019. 2019, c. 1, Sched. 5, s. 40 (4). Restriction (3) Subsection (2) applies only after the inves…

• 35.2Notice to Inspector General of Policing

  35.2 If, during an investigation under this Part, a complaint or issue respecting a matter referred to in subsection 106 (1) or 107 (1) of the Community Safety and Policing Act, 2019 is raised, the SIU Director shall notify the Inspector General of Policing. 2019, c. 1, Sched. 5, s. 40 (4). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 5, s. 40 (4) - 01/04/2024

• 36Referral of possible criminal conduct by official to police chief

  36 (1) If, during an investigation under this Part, a matter comes to the attention of the SIU Director which does not constitute an incident that may be investigated under section 15, but which may nevertheless constitute criminal conduct by an official or an offence under section 31 of this Act committed by an official, the SIU Director may refer the matter to the following person: 1. If the official is a police officer, to the chief of police of an unrelated police service. 2. In any other case, to any chief of police. 2019, c. 1, Sched. 5, s. 36 (1), 40 (1). Application of section to officials (2) This section applies if, during the alleged occurrence of the conduct or committal of the offence, the official met the criteria of clause 15 (2) (a) or (b), with necessary modifications. 2019, c. 1, Sched. 5, s. 36 (2). Notice (3) The SIU Director shall give notice of a referral under subs…

• 37Transition

  37 An investigation commenced but not concluded under Part VII of the Police Services Act before the day that Part was repealed shall continue to be dealt with in accordance with that Act and the regulations made under it, as the Act and the regulations read immediately before the Act’s repeal.

• [s41]

  Regulations Regulations

• 38Lieutenant Governor in Council

  38 (1) The Lieutenant Governor in Council may, subject to section 39, make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, including regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation, other than by the Minister; (b) permitting, requiring or otherwise providing for the disclosure of information respecting an ongoing investigation or preliminary inquiries under this Act or the incident or matter that is the subject of an investigation or preliminary inquiries, for the purposes of section 28; (c) governing transitional matters relating to the enactment of this Act. 2019, c. 1, Sched. 5, s. 38 (1). Minister (2) The Minister may make regulations, (a) respecting anything that, in this Act, may or must be prescribed by the Minister or done by regulation made by the Ministe…

• 39Public consultation before making L.G. in C. regulations

  39 (1) The Lieutenant Governor in Council shall not make any regulation under subsection 38 (1) unless, (a) the Minister has published a notice of the proposed regulation on a website of the Government of Ontario and given the notice by any other means that the Minister considers appropriate; (b) the notice complies with the requirements of this section; (c) the time period specified in the notice, during which members of the public may exercise a right described in clause (2) (b) have expired; (d) the Minister has considered whatever comments and submissions members of the public have made on the proposed regulation in accordance with clause (2) (b); and (e) the Minister has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate. Contents of notice (2) The notice referred to in clause (1) (a) shall contain, (…

• 40

  40 Omitted (provides for amendments to this Act).

• 41-43

  41-43 Omitted (amends, repeals or revokes other legislation).

• 44

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

• 45

  45 Omitted (enacts short title of this Act). ______________