jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation, “claim” means a claim for any costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which a protected entity is a party; (“réclamation”) “indemnifier” means the police services board in Ontario or the Crown in right of Ontario that indemnifies a protected entity under subsection 32 (1) or (2) of the Act; (“entité indemnisatrice”, “entité qui indemnise”) “protected entity” means a police force in another province or a territory that claims the indemnification described in subsection 32 (1) or (2) of the Act or the person or entity that is responsible for that police force. (“entité protégée”) O. Reg. 273/10, s. 1. Appointments
Content of request for appointment
2. A request to have an extra-provincial police officer appointed as a police officer in Ontario under Part II or III of the Act shall include, (a) the business address and telephone number of the officer and an alternate telephone number; (b) the number of the officer’s driver’s licence and the province of its issue; (c) a statement of the number of years that the officer has been a police officer; (d) if the officer is a member of a specialized unit within the police force, a statement of the number of years that the officer has been a member of the unit; (e) a statement whether the officer has ever been previously appointed as a police officer or special constable in Ontario; (f) if the officer is to be appointed under Part II of the Act and has been previously appointed as a police officer or special constable in Ontario, the start and end dates of each of the latter appointments made in the previous five years and the name of the Ontario police force of which the person who made each of the appointments is a member or for which the police services board that made each of the appointments is responsible; (g) if the officer has been previously appointed as a police officer or special constable in Ontario, a statement whether any of the appointments were terminated for cause and, if so, the reasons for and dates of each of the terminations; (h) a statement whether the appointment is a new appointment, a reappointment under Part II or a renewal under Part III; (i) a statement whether there are any restrictions on the officer’s ability to perform the duties involved in the appointment of which the person making the appointment should be aware; (j) a statement as to how the officer will be supervised in Ontario; (k) the business address of the extra-provincial commander and the officer’s immediate supervisor; (l) a statement whether the officer is aware of the applicable provisions of Regulation 926 of the Revised Regulations of Ontario, 1990 (Equipment and Use of Force) made under the Police Services Act; (m) a statement of whether the officer is aware of the applicable Ontario legislation that the officer might have to enforce based on the description of the officer’s duties in Ontario; (n) if the appointment is to be made under Part II of the Act, the last date that the officer received training with respect to the use of firearms, the use of force and motor vehicle pursuits; (o) if the appointment is to be made under Part III of the Act, a statement whether, (i) the officer has received training with respect to the use of firearms during the previous 12 months, and (ii) the officer’s training is current with respect to the use of force and motor vehicle pursuits; and (p) a statement whether a finding of serious misconduct has ever been made against the officer in the province or territory that appoints or employs the officer as an extra-provincial police officer and, if so, the nature of the misconduct, the dates of the misconduct and the disciplinary measures imposed. O. Reg. 273/10, s. 2.
Circumstances for denying appointment
3. (1) An appointing official or local commander shall deny a requested appointment under Part II or III of the Act, as the case may be, unless the extra-provincial commander requesting the appointment undertakes to command the extra-provincial police officer to co-operate with, (a) the special investigations unit, as required of a police officer by subsection 113 (9) of the Police Services Act and Ontario Regulation 267/10 (Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit) made under that Act, in any investigation in respect of an incident that occurred while the extra-provincial police officer was appointed as a police officer in Ontario; or (b) an investigation of a complaint or the conduct of a hearing under Part V of the Police Services Act, subject to the officer enjoying the rights or privileges that an Ontario police officer would have in relation to such an investigation or hearing, where the complaint or the hearing, as the case may be, relates to, (i) the actions of the officer, or any other police officer, while the officer was appointed as a police officer under the Part II or III of the Act, or (ii) the operation or investigation that led to the request for the appointment. O. Reg. 273/10, s. 3 (1). (2) An appointing official or local commander shall deny a requested appointment under Part II or III of the Act, as the case may be, unless the extra-provincial commander requesting the appointment undertakes to disclose and provide, to the extent legally permitted, any record, thing, data or information in the possession or under the control of the commander’s police force that is requested in relation to an investigation by the special investigations unit or an investigation of a complaint or the conduct of a hearing under Part V of the Police Services Act, subject to the police force enjoying the rights or privileges that an Ontario police force would have in relation to such an investigation or hearing, where the investigation or hearing, as the case may be, relates to, (a) the actions of the officer, or any other police officer, while the officer was appointed as a police officer under Part II or III of the Act; or (b) the operation or investigation that led to the request for the appointment. O. Reg. 273/10, s. 3 (2). (3) An undertaking given under subsection (1) or (2) continues even after the appointment of the police officer mentioned in that subsection terminates. O. Reg. 273/10, s. 3 (3).
Conditions set out on appointment form
4. An appointing official who, under subsection 8 (4) of the Act, imposes conditions on an existing appointment of an extra-provincial police officer under Part II of the Act or removes such conditions or who, under subsection 15 (4) of the Act, imposes conditions on an existing appointment of an extra-provincial police officer under Part III of the Act or removes such conditions, shall issue a new appointment form setting out the imposition or removal of the conditions. O. Reg. 273/10, s. 4.
Mandatory conditions
5. (1) An appointing official or local commander shall impose the following conditions on the appointment of an extra-provincial police officer under Part II or III of the Act, as the case may be: 1. If the officer is appointed under Part II of the Act, the officer shall not, subject to subsection (2), engage in a suspect apprehension pursuit described in section 1 of Ontario Regulation 266/10 (Suspect Apprehension Pursuits) made under the Police Services Act. 2. If the officer is appointed under Part III of the Act, the officer shall not engage in a suspect apprehension pursuit described in section 1 of Ontario Regulation 266/10 (Suspect Apprehension Pursuits) made under the Police Services Act unless the officer, i. has completed training in motor vehicle pursuits, and ii. has the ability to notify a dispatcher for the police force having jurisdiction in the area where the pursuit takes place when the officer initiates the pursuit. 3. If the officer is appointed under Part II of the Act, the officer shall not, subject to subsection (3), exercise the powers of an Ontario police officer or a provincial offences officer as defined in the Provincial Offences Act to enforce the laws of Ontario. 4. If the officer is appointed under Part III of the Act, the officer shall not exercise the powers of an Ontario police officer or a provincial offences officer as defined in the Provincial Offences Act to enforce the laws of Ontario unless the officer has received training with respect to those laws. O. Reg. 273/10, s. 5 (1). (2) The appointing official is not required to impose the condition described in paragraph 1 of subsection (1) on the appointment if satisfied that the appointee, (a) has completed training in motor vehicle pursuits; and (b) has the ability to notify a dispatcher for the police force having jurisdiction in the area where the pursuit takes place when the officer initiates the pursuit. O. Reg. 273/10, s. 5 (2). (3) The appointing official is not required to impose the condition described in paragraph 3 of subsection (1) on the appointment if satisfied that the appointee has received adequate training with respect to any Ontario laws that the officer might be required to enforce. O. Reg. 273/10, s. 5 (3). (4) If the appointment of an extra-provincial police officer under Part II of the Act is subject to the condition described in paragraph 1 or 3 of subsection (1), an appointing official may remove the condition from the appointment if satisfied that the appointee has, after being appointed, (a) completed the training described in clause (2) (a) and acquired the ability described in clause (2) (b), in the case of a condition described in paragraph 1 of subsection (1); or (b) received the training described in subsection (3), in the case of a condition described in paragraph 3 of subsection (1). O. Reg. 273/10, s. 5 (4).
Notice of appointments to Minister
6. (1) For the purposes of section 36 of the Act and for each reporting period described in subsection (3), every appointing official, subject to subsection (4), shall provide notice to the Minister of,  (a) the number of appointments requested of the official under Part II of the Act during the reporting period; (b) the number of appointments described in clause (a) that the official made from each province or territory during the reporting period, the duration of each such appointment and a statement of the Ontario police forces or detachments that are primarily affected by each such appointment; (c) the number of appointments that the official made under Part II of the Act during the reporting period that primarily affect each of the Ontario police forces or detachments described in clause (b); (d) the number of appointments described in clause (a) that the official denied during the reporting period; (e) the number of appointments requested under Part III of the Act of which the official is notified by a local commander during the reporting period; (f) the number of appointments described in clause (e) that were made from each province or territory during the reporting period and the duration of each such appointment; (g) the number of appointments described in clause (e) that were denied during the reporting period; (h) the total number of appointments terminated under Part IV of the Act by the appointing official or of which the official receives notice under subsection 25 (2) of the Act during the reporting period; and (i) the number of appointments terminated by the appointing official under section 23 of the Act during the reporting period. O. Reg. 273/10, s. 6 (1). (2) The appointing official shall provide the notice described in subsection (1) to the Minister by the 15th day of the month immediately after the end of the reporting period described in subsection (3) and in a form that the Minister approves under section 42 of the Act. O. Reg. 273/10, s. 6 (2). (3) The reporting periods shall be the semi-annual periods of each year beginning on January 1. O. Reg. 273/10, s. 6 (3). (4) If two or more appointing officials are members of the same police force, one of the officials shall provide the notice required by subsection (1) for a reporting period described in subsection (3) and none of the other officials may provide the notice. O. Reg. 273/10, s. 6 (4).
Terms and conditions of indemnification
9. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 273/10, s. 9. Français