Details of Sections of the Police Services Act of Ontario suggested for Court Reviewed Amendments - July 2020
Police Services Act, RSO 1990, c. P.15 - Ontario.ca
https://www.ontario.ca/laws/statute/90p15
The petition for the suggested systemic changes review is here;
An outline of the Act and its specific watered down Parts as related to the official LIBRA AGENDA Post in this blog titled; “LIBRA AGENDA - CLASS ACTION PETITION TO REPEAL TORONTO POLICE SERVICES ACT SECTIONS”, and the 4 Key points explained there related to the proposed action of Court Review of Changes to the Act suggested in that summary.
PART II
Minister’s duties and Powers
Duties Minister’s general duties
3 (1) The Minister shall (d) consult with and advise police service boards, chiefs of police,, police associations in respect of policing, the administration of police services and related matters, including,
the effectiveness, efficiency, sustainability and legitimacy of different methods of providing policing,
Ontario Police College continued
(2) The police college known as the Ontario Police College in English and the Collège de police de l’Ontario in French is continued for the provision of training with respect to policing.
The Minister may charge fees for training provided by the Ministry for a purpose set out in clause (1) (l), including training provided by the Ontario Police College.
Information and Privacy Commissioner’s review of practices
7 (1) The Information and Privacy Commissioner,
(a) may, from time to time, review the practices of the Minister to determine if the requirements of sections 5 and 6 have been met;
Commissioner policing responsibility
(4) The Commissioner has policing responsibility for every area of Ontario that is outside the areas for which the police service boards have policing responsibility.
PART III
Provision of Policing
Responsibility for Providing Policing Adequate and effective policing
11 (1) Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations,
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 police service board that has policing responsibility for the area shall provide adequate and effective policing in the area and charge the policing costs to the person.
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.
If no agreement has been entered into with respect to the cost of the services provided, subsections 19 (8) to (11) apply with necessary modifications to the recovery of the increase in the cost of providing adequate and effective policing.
If a police service board, or the Commissioner, is ordered by the Inspector General to provide policing in an area under this section, the cost of the policing may be charged to the police service board, or the Commissioner, that failed to provide the policing, and subsections 19 (8) to (11) apply with necessary modifications to the recovery of the cost of the policing.
PART IV
Municipal Policing and Police Service Boards
Toronto Police Services Board
https://tpsb.ca/about/board-members
https://www.pas.gov.on.ca/Home/Agency/186
Methods of Providing Municipal Policing
Maintaining police service
(7) Every municipal board shall maintain a police service and, for greater certainty, shall not maintain more than one police service.
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.
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).
When meetings may be closed to public Consideration
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
Educational or training sessions
(6) A meeting of a police service board, or of a committee of the board, may be closed to the public if the following conditions are both satisfied:
1. The meeting is held for the purpose of educating or training the members of the board or of the committee.
2. At the meeting, no member of the board or committee considers or otherwise deals with any matter in a way that materially advances the business or decision-making of the board.
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.
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;
Municipality responsible for police service board’s liabilities
(4) The municipality is responsible for the liabilities incurred by the police service board under subsections (1), (2) and (3).
50 (1) A municipality that maintains a municipal board shall provide the board with sufficient funding to,
(a) provide adequate and effective policing in the municipality
(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) provide adequate and effective policing in the municipality, 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.
(3) The format of the estimates, the period that they cover and the timetable for their submission shall be determined by the municipality.
(4) Upon reviewing the estimates, the municipality shall establish an overall budget for the municipal board for the purposes described in clauses (1) (a) and (b) and, in doing so, the municipality is not bound to adopt the estimates submitted by the municipal board.
In establishing an overall budget for the municipal board, the municipality does not have the authority to approve or disapprove specific items in the estimates.
(11) If the municipality demonstrates that the municipal board could reasonably have entered into an agreement under section 14 to have policing functions provided in a manner that meets the applicable standards for adequate and effective policing and at a lower cost than is set out in the estimates, the arbitrator shall not find that the budget is insufficient to the extent of the amount that could have been saved by entering into the agreement.
(12) The municipality shall amend the budget for the municipal board in accordance with the arbitrator’s decision.
Miscellaneous Termination to abolish or reduce size of police service
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.
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.
PART VI
Police Officers and other Policing Personnel
SIU investigation of member of police service
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
the procedures established by the chief of police as they related to the incident.
Police Officers Duties of police officer
82 (1) The duties of a police officer include,
Appointment of police officer
83 (1) No person shall be appointed as a police officer unless he or she,
(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;
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.
Complaints Board member complaints
(1) Any person, other than a prescribed person, who believes that a member of a police service board, an O.P.P. detachment board, a First Nation O.P.P. board or the Advisory Council has committed misconduct may make a complaint to the Inspector General in accordance with the regulations, if any.
Grounds for further investigation
(5) If there appear to be grounds to believe that the member has committed misconduct, the Inspector General shall,
(a) investigate the matter, including, if appropriate, by appointing an inspector to exercise the powers of an inspector under this Part; and
(b) inform the complainant about the investigation and keep him or her apprised of the steps taken to resolve the complaint.
Review of systemic issues
133 (1) The Complaints Director may examine and review issues of a systemic nature that,
(a) have been the subject of complaints or investigations under Part X respecting a person referred to in section 152; or
(b) may contribute or are otherwise related to misconduct by a person referred to in section 152.
152 This Part applies with respect to the conduct of the following persons:
2. Special constables employed by the Niagara Parks Commission.
Peace officers in the Legislative Protective Service.
Right to Report Misconduct
Protection from Reprisals No reprisals
190 (1) No person shall take a reprisal against a member of a police service or special constable employed by a special constable employer because he or she has,
(a) sought advice about making a disclosure about misconduct in accordance with this Part;
(b) made a disclosure about misconduct in accordance with this Part;
(c) co-operated in an investigation or other process related to a disclosure of misconduct made in accordance with this Part; or
sought enforcement of this Part.
195 A police officer or special constable engages in conduct that constitutes misconduct if he or she,
(a) contravenes their applicable prescribed code of conduct;
(b) contravenes section 129, 179 or 196;
(c) knowingly fails to respond to an inspector’s reasonable inquiries as required under section 116;
(d) knowingly fails to comply with a direction or request as required under section 31 of the Special Investigations Unit Act, 2019 or section 178 of this Act; or
(e) knowingly fails to comply with a requirement to notify the SIU Director as required under section 16 of the Special Investigations Unit Act, 2019.
(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,
(a) in the case of a first offence, to a fine of not more than $5,000, to an imprisonment for a term of not more than one year, or to both; or
(b) in the case of a second or subsequent offence, to a fine of not more than $10,000, to an imprisonment for a term of not more than one year, or to both.
