jswizzle3737/ontario_laws_and_regs huggingface dataset:
74 (1) A complainant who has made a complaint under subsection 58 (1) may withdraw his or her complaint on notice to the Independent Police Review Director, unless a hearing in respect of the complaint has commenced.  2007, c. 5, s. 10. Notice (2) If a complaint is withdrawn under subsection (1), the Independent Police Review Director shall promptly give notice of the fact of the withdrawal to, (a) the chief of police of the police force to which the complaint relates, in the case of a complaint about a policy of or service provided by the police force, or about the conduct of a police officer other than a chief of police or deputy chief of police; (b) the board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police; or (c) the Solicitor General, in the case of a complaint about the conduct of the Commissioner or a deputy Commissioner.  2007, c. 5, s. 10. Same (3) Subject to subsections (4), (5) and (6), if a chief of police or board is notified under subsection (2) of the withdrawal of a complaint about the conduct of a police officer, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal from the Independent Police Review Director, notify the police officer who is the subject of the complaint of the fact.  2007, c. 5, s. 10. Complaint may be continued (4) The chief of police or board may continue to deal with a complaint after the complaint is withdrawn under subsection (1) if the chief of police or board, as the case may be, determines within 30 days of receiving the notice of withdrawal that it is appropriate to do so.  2007, c. 5, s. 10. Same (5) In the case of a complaint about the conduct of a police officer, a complaint continued under subsection (4) shall be dealt with as if it had been made by the chief of police under subsection 76 (1) or by the board under subsection 77 (1), as the case may be.  2007, c. 5, s. 10. Notice (6) If the chief of police or board continues to deal with a complaint about the conduct of a police officer after it is withdrawn, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal, notify the police officer who is the subject of the complaint of the withdrawal and the continuance of the complaint unless, in the chief of police’s or board’s opinion, to do so might prejudice an investigation into the matter.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 2009, c. 33, Sched. 9, s. 10 (3) - no effect - see 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
75 (1) Despite subsection 74 (1), a complainant may withdraw his or her complaint after a hearing in respect of the complaint has commenced, if the following persons consent to the withdrawal:  1. The Independent Police Review Director. 2. The chief of police, in the case of a complaint about the conduct of a police officer other than a chief of police or deputy chief of police. 3. The board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police.  2007, c. 5, s. 10. Same (2) Subsections 74 (2) to (6) do not apply to a complaint withdrawn in accordance with subsection (1).  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1 Internal Complaints
78 (1) The Commission may, in respect of a complaint made by a chief of police under section 76 or by a board under section 77, at any stage in the complaints process direct the chief of police or board, as the case may be, to deal with the complaint as it specifies or assign the review or investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force to which the complaint relates.  2007, c. 5, s. 10. Duty (2) If the Commission directs that a complaint is to be dealt with as specified, the chief of police or board, as the case may be, shall promptly so deal with the complaint.  2007, c. 5, s. 10. Costs (3) If the Commission assigns the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force, the police force to which the complaint relates shall pay the costs of the review, investigation or hearing incurred by the police force to which the matter is assigned.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 Offences
79 (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or intimidate, any other person in relation to a complaint that is made under this Part.  2007, c. 5, s. 10. Same (2) No person shall intentionally hinder or obstruct or attempt to hinder or obstruct the Independent Police Review Director or an investigator appointed by the Independent Police Review Director in the performance of his or her duties under this Act, or furnish him or her with false information.  2007, c. 5, s. 10. Penalty (3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.  2007, c. 5, s. 10. Consent of Attorney General required (4) No prosecution shall be instituted under this section without the consent of the Attorney General.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1 Misconduct
80 (1) A police officer is guilty of misconduct if he or she, (a) commits an offence described in a prescribed code of conduct; (b) contravenes section 46 (political activity); (c) engages in an activity that contravenes subsection 49 (1) (secondary activities) without the permission of his or her chief of police or, in the case of a municipal chief of police, without the permission of the board, being aware that the activity may contravene that subsection; (d) contravenes subsection 55 (5) (resignation during emergency); (e) commits an offence described in subsection 79 (1) or (2) (offences, complaints); (f) contravenes section 81 (inducing misconduct, withholding services); (g) contravenes section 117 (trade union membership); (h) deals with personal property, other than money or a firearm, in a manner that is not consistent with section 132; (i) deals with money in a manner that is not consistent with section 133; (j) deals with a firearm in a manner that is not consistent with section 134; (k) contravenes a regulation made under paragraph 15 (equipment), 16 (use of force), 17 (standards of dress, police uniforms), 20 (police pursuits) or 21 (records) of subsection 135 (1).  2007, c. 5, s. 10. Off-duty conduct (2) A police officer shall not be found guilty of misconduct under subsection (1) if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 70 - 26/11/2002 2007, c. 5, s. 10 - 19/10/2009 Inducing misconduct and withholding services
81 (1) No person shall, (a) induce or attempt to induce a member of a police force to withhold his or her services; or (b) induce or attempt to induce a police officer to commit misconduct.  2007, c. 5, s. 10. Withholding services (2) No member of a police force shall withhold his or her services.  2007, c. 5, s. 10. Offence (3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.  2007, c. 5, s. 10. Consent of Solicitor General (4) No prosecution shall be instituted under this section without the consent of the Solicitor General.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 Hearings
82 (1) The chief of police shall designate to be the prosecutor at a hearing held under subsection 66 (3), 68 (5) or 76 (9), (a) a police officer from any police force of a rank equal to or higher than that of the police officer who is the subject of the hearing; or (b) a person authorized under the Law Society Act to be a prosecutor at the hearing.  2007, c. 5, ss. 10, 13 (4). Same (2) A police officer from another police force may be the prosecutor at the hearing only with the approval of his or her chief of police.  2007, c. 5, s. 10. Same (3) The board or Commission shall designate to be the prosecutor at a hearing held under subsection 69 (8) or 77 (7), as the case may be, a person authorized under the Law Society Act
to be a prosecutor at the hearing, and the board shall pay the prosecutor’s remuneration regardless of whether the prosecutor is designated by the board or by the Commission.  2007, c. 5, s. 13 (5). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10, 13 (4, 5) - 19/10/2009
84 (1) If at the conclusion of a hearing under subsection 66 (3), 68 (5) or 76 (9) held by the chief of police, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the chief of police shall take any action described in section 85.  2007, c. 5, s. 10. Same (2) If at the conclusion of a hearing under subsection 69 (8) or 77 (7) held by the board, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the board shall take any action described in section 85.  2007, c. 5, s. 10. Same (3) If at the conclusion of a hearing under subsection 69 (8) or 77 (7) held by the Commission, misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence, the Commission shall, subject to subsection (4), direct the board in writing to take such action described in section 85 as the Commission specifies.  2007, c. 5, s. 10. Notice needed (4) The Commission shall not direct the board to impose the penalties of dismissal or demotion unless the notice of hearing or a subsequent notice served on the chief of police or deputy chief of police indicated that they might be imposed if the complaint were proved on clear and convincing evidence.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10
- 19/10/2009
86 (1) The chief of police shall ensure that every decision made after a hearing held under subsection 66 (3) or 68 (5) is made available to the public in the manner that he or she considers appropriate in the circumstances, and shall give a copy of every such decision to the Independent Police Review Director.  2007, c. 5, s. 10. Same (2) The board shall ensure that every decision made by it after a hearing held under subsection 69 (8) is made available to the public in the manner that it considers appropriate in the circumstances, and shall give a copy of every such decision to the Independent Police Review Director.  2007, c. 5, s. 10. Same (3) On receiving a copy of a decision from the chief of police or board, the Independent Police Review Director shall publish the decision by posting it on the Internet.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
87 (1) A police officer or complainant, if any, may, within 30 days of receiving notice of the decision made after a hearing held under subsection 66 (3), 68 (5) or 76 (9) by the chief of police or under subsection 69 (8) or 77 (7) by the board, appeal the decision to the Commission by serving on the Commission a written notice stating the grounds on which the appeal is based.  2007, c. 5, s. 10. Commission to hold hearing (2) The Commission shall hold a hearing upon receiving a notice under subsection (1) from a police officer.  2007, c. 5, s. 10. Same (3) The Commission shall hold a hearing upon receiving a notice under subsection (1) from a complainant if the appeal is from the finding that misconduct or unsatisfactory work performance was not proved on clear and convincing evidence.  2007, c. 5, s. 10. Commission may hold hearing (4) The Commission may hold a hearing, if it considers it appropriate, upon receiving a notice under subsection (1) from a complainant with respect to an appeal other than an appeal described in subsection (3).  2007, c. 5, s. 10. Appeal on the record (5) A hearing held under this section shall be an appeal on the record, but the Commission may receive new or additional evidence as it considers just.  2007, c. 5, s. 10. Solicitor General may be heard (6) The Solicitor General is entitled to be heard, by counsel or otherwise, on the argument of the appeal.  2007, c. 5, s. 10. Independent Police Review Director may be heard (7) The Independent Police Review Director is entitled to be heard, by counsel or otherwise, on the argument of the appeal of a decision made in respect of a complaint made by a member of the public.  2007, c. 5, s. 10. Powers of Commission (8) After holding a hearing on an appeal, the Commission may, (a) confirm, vary or revoke the decision being appealed; (b) substitute its own decision for that of the chief of police or the board, as the case may be; (c) in the case of an appeal from a decision of a chief of police, order a new hearing before the chief of police under subsection 66 (3), 68 (5) or 76 (9), as the case may be; or (d) in the case of an appeal from a decision of a board, order a new hearing before the board under subsection 69 (8) or 77 (7), as the case may be.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
88 (1) A party to a hearing held by the Commission under subsection 69 (8) or 77 (7) may appeal the Commission’s decision to the Divisional Court within 30 days of receiving notice of the Commission’s decision.  2007, c. 5, s. 10. Grounds for appeal (2) An appeal may be made on a question that is not a question of fact alone, from a penalty imposed or from any other action taken, or all of them.  2007, c. 5, s. 10. Solicitor General may be heard (3) The Solicitor General is entitled to be heard, by counsel or otherwise, on the argument of the appeal.  2007, c. 5, s. 10. Independent Police Review Director may be heard (4) The Independent Police Review Director is entitled to be heard, by counsel or otherwise, on the argument of the appeal of a decision made in respect of a complaint made by a member of the public.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1 Suspension
89 (1) If a police officer, other than a chief of police or deputy chief of police, is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 80, the chief of police may suspend him or her from duty with pay.  2007, c. 5, s. 10. Same (2) If a chief of police or deputy chief of police is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 80, the board may suspend him or her from duty with pay.  2007, c. 5, s. 10. Revocation and reimposition of suspension (3) The chief of police or board may revoke the suspension and later reimpose it, repeatedly if necessary, as the chief of police or board, as the case may be, considers appropriate.  2007, c. 5, s. 10. Duration of suspension (4) Unless the chief of police or board revokes the suspension, it shall continue until the final disposition of the proceeding in which the chief of police’s, deputy chief of police’s or other police officer’s conduct is at issue.  2007, c. 5, s. 10. Conditions of suspension (5) While suspended, the chief of police, deputy chief of police or other police officer shall not exercise any of the powers vested in him or her as a chief of police, deputy chief of police or police officer, or wear or use clothing or equipment that was issued to him or her in that capacity.  2007, c. 5, s. 10. Suspension without pay (6) If a chief of police, deputy chief of police or other police officer is convicted of an offence and sentenced to a term of imprisonment, the chief of police or board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.  2007, c. 5, s. 10. Earnings from other employment (7) If a chief of police, deputy chief of police or other police officer is suspended with pay, the pay for the period of suspension shall be reduced by the amount that he or she earns from other employment during that period.  2007, c. 5, s. 10. Exception (8) Subsection (7) does not apply to earnings from other employment that was commenced before the period of suspension.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 Resignations and Terminations
90 (1) If at any time after a complaint about the conduct of a police officer is made under this Part and before the complaint is finally disposed of the police officer resigns, no further action shall be taken under this Part in respect of the complaint after the date of resignation.  2007, c. 5, s. 10. Notice (2) If the complaint referred to in subsection (1) was made under this Part by a member of the public, notice of the resignation shall be given promptly after the resignation to the complainant and the Independent Police Review Director by, (a) the board of the police force from which the police officer resigned, in the case of the resignation of a municipal chief of police or municipal deputy chief of police; or (b) the chief of police of the police force from which the police officer resigned, in the case of the resignation of a police officer other than a chief of police or deputy chief of police.  2007, c. 5, s. 10. Exception (3) Despite subsection (1), if the police officer who resigned is employed by a police force within five years of the date of resignation, this Part shall apply to the police officer in accordance with the regulations.  2007, c. 5, s. 10. Deemed employment (4) In the circumstances described in subsection (3), if the police officer is employed with a police force other than the police force from which he or she resigned, the police officer is deemed, for the purposes of the complaints process under this Part, to be employed with the police force from which he or she resigned, except that an action that shall be taken with respect to the matter by a chief of police under subsection 84 (1) or by a board under subsection 84 (2) or 85 (3) after the complaints process is resumed shall be taken by the chief of police or board, as the case may be, of the police force in which the police officer is employed following the resignation.  2007, c. 5, s. 10. Exception, officers appointed under the Interprovincial Policing Act, 2009 (5) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.  2009, c. 30, s. 58. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 2009, c. 30, s. 58 - 05/07/2010 CTS 20 AU 14 - 1
90.1 This Part applies to a police officer appointed under the Interprovincial Policing Act, 2009 even after his or her appointment under that Act is terminated.  2009, c. 30, s. 59. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 59 - 05/07/2010 Performance Audits
91 (1) The Independent Police Review Director may, at any time, require that a board submit to him or her a performance audit, conducted by an independent auditor at the board’s expense, of the board’s administration of complaints made under this Part by members of the public.  2007, c. 5, s. 10. Same (2) The performance audit shall be conducted in accordance with such directions that the Independent Police Review Director may give, if any.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
92 The Independent Police Review Director may, from time to time, conduct a performance audit of any aspect of the administration of complaints made under this Part by members of the public, and shall make the results of the audit publicly available.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1 General Matters
93 (1) If at any time during an investigation under this Part into a complaint about the conduct of a police officer other than a chief of police or deputy chief of police the conduct appears to be obviously conduct that is not of a serious nature, the chief of police of the police force to which the complaint relates may resolve the matter informally, if the police officer and the complainant, if any, consent to the proposed resolution.  2007, c. 5, s. 10. Same (2) In the case of a complaint made by a member of the public, the chief of police shall not resolve the matter informally under subsection (1) without the approval of the Independent Police Review Director.  2007, c. 5, s. 10. Same (3) If at any time during a review or investigation under this Part into a complaint about the conduct of a municipal chief of police or municipal deputy chief of police the conduct appears to be obviously conduct that is not of a serious nature, the board may resolve the matter informally, if the chief of police or deputy chief of police and the complainant, if any, consent to the proposed resolution.  2007, c. 5, s. 10. Notice (4) If a complaint made by a member of the public is informally resolved under subsection (1) or (3), the chief of police or board, as the case may be, shall give notice to the Independent Police Review Director of the resolution, and shall provide to the Independent Police Review Director any other information respecting the resolution of the complaint that he or she may require.  2007, c. 5, s. 10. Consent of police officer or complainant (5) A police officer or a complainant who consents to a proposed resolution under subsection (1) may revoke the consent by notifying the chief of police and, in the case of a complaint made by a member of the public, the Independent Police Review Director, in writing of the revocation no later than 12 business days after the day on which the consent is given.  2007, c. 5, s. 10. Non-application of this Part (6) No other provisions of this Part apply in respect of an informal resolution under subsection (1) or (3), except subsection 83 (9).  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
94 (1) A chief of police may delegate the following powers and duties to a police officer or a former police officer of the rank of inspector or higher, a judge or retired judge, or such other person as may be prescribed: 1. Conducting a hearing under subsection 66 (3), 68 (5) or 76 (9) and taking an action under subsection 84 (1), if that subsection applies. 2. Acting under subsections 66 (4) and (10), subsection 68 (6) or subsections 76 (10) and (12).  2007, c. 5, s. 10. Same (2) A person to whom the chief of police may delegate under subsection (1) may only act as a delegate if he or she meets the prescribed qualifications, conditions or requirements, if any.  2007, c. 5, s. 10. Same (3) If a chief of police delegates the powers and duties described in paragraph 1 of subsection (1) to a police officer from another police force of the rank of inspector or higher, that police officer may only act as a delegate with the approval of his or her chief of police.  2007, c. 5, s. 10. Same (4) A chief of police may delegate his or her powers and duties under this Part, other than the powers and duties described in subsection (1), to any member of any police force.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009
95 Every person engaged in the administration of this Part shall preserve secrecy with respect to all information obtained in the course of his or her duties under this Part and shall not communicate such information to any other person except,  (a) as may be required in connection with the administration of this Act and the regulations; (b) to his or her counsel; (c) as may be required for law enforcement purposes; or (d) with the consent of the person, if any, to whom the information relates.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009
96 (1) Where a notice, referral, request or other document is required to be given to or served on a person or body under this Part, it may be given or served personally, by mail, by fax or other electronic transmission, or by some other method that allows proof of receipt.  2007, c. 5, s. 10. Deemed receipt (2) A notice, referral, request or other document is deemed to be received by the person or body as follows, unless the person or body establishes that the person or body did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s or body’s control, receive the notice as deemed: 1. In the case of mail, on the fifth day after the document is mailed. 2. In the case of fax or other electronic transmission, on the day after the document is sent or, if that day is a Saturday or a holiday, on the next day that is not a Saturday or a holiday.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009
97 The Ombudsman Act does not apply to anything done under this Part.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10 - 19/10/2009
98 (1) Complaints made under the old Part V shall continue to be dealt with in accordance with the old Part V.  2007, c. 5, s. 10. Same (2) If a complaint about a policy of or service provided by a police force or the conduct of a police officer is made on or after the day the old Part V is repealed, but the event to which the complaint relates occurred before the repeal of the old Part V, the complaint shall be dealt with in accordance with the old Part V.  2007, c. 5, s. 10. Definition (3) In this section, “old Part V” means Part V of this Act, as it read immediately before its repeal by section 10 of the Independent Police Review Act, 2007.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10
- 19/10/2009 PART VI (ss. 99-112)  Repealed:  1997, c. 8, s. 35. 99-112 Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 Part VII (s. 113) Repealed: 2019, c. 1, Sched. 5, s. 42. 113 Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 111 (4) - 20/08/2007 2009, c. 30, s. 60 - 05/07/2010; 2009, c. 33, Sched. 2, s. 60 (3, 4) - 15/12/2009 2018, c. 3, Sched. 4, s. 41 - no effect - see 2019, c. 1, Sched. 5, s. 41 - 26/03/2019 2019, c. 1, Sched. 5, s. 42 - 01/12/2020 PART VIII 
LABOUR RELATIONS
114 In this Part, “Arbitration Commission” means the Ontario Police Arbitration Commission continued by subsection 131 (1); (“Commission d’arbitrage”) “senior officer” means a member of a police force who has the rank of inspector or higher or is employed in a supervisory or confidential capacity. (“agent supérieur”)  R.S.O. 1990, c. P.15, s. 114. Exclusions
115 (1) This Part, except section 117, does not apply to the Ontario Provincial Police.  R.S.O. 1990, c. P.15, s. 115 (1). Chief of police and deputy (2) The working conditions and remuneration of the chief of police and deputy chief of police of a police force shall be determined under clause 31 (1) (d) (responsibilities of board) and not under this Part.  R.S.O. 1990, c. P.15, s. 115 (2). Officers appointed under the Interprovincial Policing Act, 2009 (3) This Part does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.  2009, c. 30, s. 61. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 61
- 05/07/2010
116 (1) If there is a dispute as to whether a person is a member of a police force or a senior officer, any affected person may apply to the Commission to hold a hearing and decide the matter. Decision final (2) The Commission’s decision is final.  R.S.O. 1990, c. P.15, s. 116.
117 A member of a police force shall not become or remain a member of a trade union or of an organization that is affiliated directly or indirectly with a trade union, unless the membership is required for secondary activities that do not contravene section 49 and the chief of police consents.  R.S.O. 1990, c. P.15, s. 117.
118 (1) If a majority of the members of a police force, or an association that is entitled to give notices of desire to bargain, assigns the members of the police force to different categories for the purposes of this Part, bargaining, conciliation and arbitration shall be carried on as if each category were a separate police force. Senior officers (2) If at least 50 per cent of the senior officers of a police force belong to an association composed only of senior officers, bargaining, conciliation and arbitration shall be carried on as if the senior officers were a separate police force. Restriction (3) Bargaining, conciliation and arbitration may be carried on with more than two categories within a police force (apart from senior officers) only if the Commission has approved the creation of the categories.  R.S.O. 1990, c. P.15, s. 118.
119 (1) If no agreement exists or at any time after ninety days before an agreement would expire but for subsection 129 (1) or (2), a majority of the members of a police force may give the board notice in writing of their desire to bargain with a view to making an agreement, renewing the existing agreement, with or without modifications, or making a new agreement.  R.S.O. 1990, c. P.15, s. 119 (1). Bargaining (2) Within fifteen days after the notice of desire to bargain is given or within the longer period that the parties agree upon, the board shall meet with a bargaining committee of the members of the police force.  R.S.O. 1990, c. P.15, s. 119 (2). Idem (3) The parties shall bargain in good faith and make every reasonable effort to come to an agreement dealing with the remuneration, pensions, sick leave credit gratuities and grievance procedures of the members of the police force and, subject to section 126, their working conditions.  R.S.O. 1990, c. P.15, s. 119 (3). Filing of agreement (4) The board shall promptly file a copy of any agreement with the Arbitration Commission.  R.S.O. 1990, c. P.15, s. 119 (4). Association (5) If at least 50 per cent of the members of the police force belong to an association, it shall give the notice of desire to bargain.  R.S.O. 1990, c. P.15, s. 119 (5). Municipal plans, notice to Minister (6) If the notice of desire to bargain involves pensions under a pension plan established or to be established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, it shall also be given to the Minister of Municipal Affairs and Housing, who may determine the maximum pension benefits that may be included in any agreement or award with respect to the pension plan.  R.S.O. 1990, c. P.15, s. 119 (6); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 49. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 49 - 01/01/2007
120 (1) The members of the bargaining committee shall be members of the police force. Counsel and advisors (2) One legal counsel and one other advisor for each of the bargaining committee and the board may participate in the bargaining sessions. Police organization (3) If the notice of desire to bargain is given by an association that is affiliated with a police organization, or if at least 50 per cent of the members of the police force belong to a police organization, a member of the organization may attend the parties’ bargaining sessions in an advisory capacity. Chief of police (4) The chief of police or, if the parties consent, another person designated by the chief of police may also attend the parties’ bargaining sessions in an advisory capacity.  R.S.O. 1990, c. P.15, s. 120.
121 (1) The Solicitor General shall appoint a conciliation officer, at a party’s request, if a notice of desire to bargain has been given. Duty of conciliation officer (2) The conciliation officer shall confer with the parties and endeavour to effect an agreement and shall, within fourteen days after being appointed, make a written report of the results to the Solicitor General. Extension of time (3) The fourteen-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended. Report (4) When the conciliation officer reports to the Solicitor General that an agreement has been reached or that an agreement cannot be reached, the Solicitor General shall promptly inform the parties of the report.  R.S.O. 1990, c. P.15, s. 121 (1-4). No arbitration until after conciliation (5) Neither party shall give a notice requiring matters in dispute to be referred to arbitration under section 122 until a conciliation officer has been appointed, endeavoured to effect an agreement and reported to the Solicitor General and the Solicitor General has informed the parties of the conciliation officer’s report.  1997, c. 21, Sched. A, s. 5 (1). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 5 (1) - 29/10/1997
122.1 (1) Proceedings before an arbitrator or arbitration board under this Act in which a hearing commenced before the date on which subsection 5 (6) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings (2) This section does not apply with respect to proceedings if, (a) a final decision is issued on or before June 3, 1997; or (b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 5 (6) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement (3) This section does not apply if the parties agree in writing after June 3, 1997 to continue the proceedings.  1997, c. 21, Sched. A, s. 5 (6). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 5 (6) - 29/10/1997
123 (1) The Solicitor General shall appoint a conciliation officer, at a party’s request, if a difference arises between the parties concerning an agreement or an arbitrator’s decision or award made under this Part, or if it is alleged that an agreement or award has been violated. Duty of conciliation officer (2) The conciliation officer shall confer with the parties and endeavour to resolve the dispute and shall, within fourteen days after being appointed, make a written report of the results to the Solicitor General. Extension of time (3) The fourteen-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that the dispute may be resolved within a reasonable time if the period is extended. Report (4) When the conciliation officer reports to the Solicitor General that the dispute has been resolved or that it cannot be resolved by conciliation, the Solicitor General shall promptly inform the parties of the report. No arbitration during conciliation (5) Neither party shall give a notice referring the dispute to arbitration until the Solicitor General has informed the parties of the conciliation officer’s report.  R.S.O. 1990, c. P.15, s. 123.
124 (1) If the conciliation officer reports that the dispute cannot be resolved by conciliation, either party may give the Solicitor General and the other party a written notice referring the dispute to arbitration.  R.S.O. 1990, c. P.15, s. 124 (1). Idem (2) The procedure provided by subsection (1) is available in addition to any grievance or arbitration procedure provided by the agreement, decision or award.  R.S.O. 1990, c. P.15, s. 124 (2). Composition of arbitration board (3) The following rules apply to the composition of the arbitration board: 1. The parties shall determine whether it shall consist of one person or of three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person. 2. If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the Solicitor General. 3. If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the Solicitor General.  R.S.O. 1990, c. P.15, s. 124 (3). Time for arbitration (4) The arbitration board shall commence the arbitration within thirty days after being appointed, in the case of a one-person board, or within thirty days after the appointment of the chair, in the case of a three-person board, and shall deliver a decision within a reasonable time.  R.S.O. 1990, c. P.15, s. 124 (4). Filing of decision (5) The arbitration board shall promptly file a copy of its decision with the Arbitration Commission.  R.S.O. 1990, c. P.15, s. 124 (5). Costs and expenses (6) The following rules apply with respect to the costs and expenses of the arbitration: 1. The Arbitration Commission shall pay the fees of any person the Solicitor General appoints to the arbitration board. 2. Each party shall pay its own costs incurred in the arbitration, including the fees of any person it appoints to the arbitration board. 3. The parties shall share equally the costs and expenses for matters shared in common, including the fees of any person whom they jointly appoint to the arbitration board.  R.S.O. 1990, c. P.15, s. 124 (6). Enforcement (7) After the day that is thirty days after the delivery of the decision or after the day that the decision provides for compliance, whichever is later, the arbitration board may, of its own motion, and shall, at a party’s request, file a copy of the decision, in the prescribed form, with the Superior Court of Justice.  R.S.O. 1990, c. P.15, s. 124 (7); 2002, c. 18, Sched. N, s. 71. Idem (8) The decision shall be entered in the same way as a judgment of the Superior Court of Justice and may be enforced as such.  R.S.O. 1990, c. P.15, s. 124 (8); 2002, c. 18, Sched. N, s. 71. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 71 - 26/11/2002
125 The parties may agree to extend any period of time mentioned in this Part.  R.S.O. 1990, c. P.15, s. 125.
126 Agreements and awards made under this Part do not affect the working conditions of the members of the police force in so far as those working conditions are determined by sections 42 to 49, subsection 50 (3), Part V (except as provided in subsections 66 (13) and 76 (14)) and Part VII of this Act and by the regulations.  1997, c. 8, s. 36; 2007, c. 5, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 36 - 27/11/1997 2007, c. 5, s. 11 - 19/10/2009
127 The Arbitration Act, 1991 does not apply to arbitrations conducted under this Part.  R.S.O. 1990, c. P.15, s. 127; 1997, c. 21, Sched. A, s. 5 (7). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 5 (7) - 29/10/1997
128 Agreements, decisions and awards made under this Part bind the board and the members of the police force.  R.S.O. 1990, c. P.15, s. 128.
129 (1) Agreements, decisions and awards remain in effect until the end of the year in which they come into effect and thereafter continue in effect until replaced. Longer duration if parties agree (2) The parties to an agreement may provide that the agreement and any decisions or awards made with respect to it shall remain in effect until the end of the year following the year in which they come into effect and thereafter shall continue in effect until replaced.  R.S.O. 1990, c. P.15, s. 129.
130 (1) If, when the council is adopting its annual estimates, a notice of desire to bargain has been given but there is not yet an agreement, decision or award, the council shall make such provision for the payment of expenditures that will result from the expected agreement, decision or award as it considers adequate. Coming into effect (2) An agreement, decision or award comes into effect on the first day of the fiscal period in respect of which the municipal council may make provision for it in its estimates, whether that day is before or after the agreement, decision or award is made. Exception (3) A provision of the agreement, decision or award that does not involve municipal expenditures may come into effect earlier than the day referred to in subsection (2).  R.S.O. 1990, c. P.15, s. 130.
131.1 (1) Words and expressions used in this Part have the same meaning as under the Pension Benefits Act unless the context requires otherwise. 2018, c. 3, Sched. 1, s. 211 (1). Definitions (2) In this Part, “eligible police force employee” means an employee who is a member of a police force and who meets the requirements set out in section 131.4; (“employé d’un corps de police admissible”) “original pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act; (“premier régime de retraite”) “successor pension plan” has the meaning set out in subsection 79.2 (1) of the Pension Benefits Act. (“régime de retraite subséquent”) 2018, c. 3, Sched. 1, s. 211 (1). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 1, s. 211 (1) - 08/03/2018
131.2 (1) The administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System may enter into one or more written agreements governing the transfer of assets between pension plans in any of the circumstances that are referred to in subsection 80 (2) or 81 (1) of the Pension Benefits Act in respect of eligible police force employees whose employment has been transferred between the Ontario Provincial Police and another police force. 2018, c. 3, Sched. 1, s. 211 (1). Amount (2) An agreement must set out the manner of determining the amount of assets to be transferred from an original pension plan to a successor pension plan in respect of the pension benefits and ancillary benefits of an eligible police force employee who consents to the transfer of assets. 2018, c. 3, Sched. 1, s. 211 (1). Notice to employees (3) An agreement must provide for the contents of the notice to be given to each eligible police force employee concerning the option of consenting to a transfer of assets in respect of his or her pension benefits and ancillary benefits under the original pension plan, and the notice must contain sufficient information to allow the employee to make an informed decision about whether to consent to the transfer. 2018, c. 3, Sched. 1, s. 211 (1). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 1, s. 211 (1) - 08/03/2018
131.3 (1) If the administrators of the Public Service Pension Plan and the Ontario Municipal Employees Retirement System enter into an agreement under section 131.2, the administrators shall file it with the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016. 2018, c. 3, Sched. 1, s. 211 (1); 2018, c. 8, Sched. 24, s. 1. Effect of filing (2) Sections 14 and 26 of the Pension Benefits Act do not apply with respect to a filed agreement or with respect to any amendment to a pension plan that relates to the implementation of a filed agreement. 2018, c. 3, Sched. 1, s. 211 (1). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 1, s. 211 (1) - 08/03/2018; 2018, c. 8, Sched. 24, s. 1 - 08/06/2019
131.4 (1) For the purposes of an agreement filed under section 131.3, an employee is an eligible police force employee if he or she is a member of a police force who is employed on the effective date of the proposed transfer of assets under the agreement in respect of his or her pension benefits and ancillary benefits under the original pension plan. 2018, c. 3, Sched. 1, s. 211 (1). Exception (2) Despite subsection (1), an employee is not an eligible police force employee if he or she is receiving a pension under the Public Service Pension Plan or the Ontario Municipal Employees Retirement System on the effective date of the proposed transfer of assets under the agreement. 2018, c. 3, Sched. 1, s. 211 (1). Same (3) Despite subsection (1), an employee is not an eligible police force employee if he or she is entitled, on the effective date of the proposed transfer of assets, to a deferred pension under the Public Service Pension Plan or the Ontario Municipal Employees Retirement System. 2018, c. 3, Sched. 1, s. 211 (1). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 1, s. 211 (1) - 08/03/2018
131.5 (1) If an eligible police force employee consents, assets may be transferred under an agreement filed under section 131.3 from an original pension plan to a successor pension plan in respect of his or her pension benefits and ancillary benefits under the original pension plan in accordance with this Part. 2018, c. 3, Sched. 1, s. 211 (1). Same (2) The employee must indicate his or her consent in writing in the manner specified by the administrator of the original pension plan. 2018, c. 3, Sched. 1, s. 211 (1). Application of the Pension Benefits Act (3) The following rules apply to a transfer of assets in accordance with this Part: 1. Sections 21, 79.2, clause 80 (6) (b) and subsections 80 (9) to (15) and 81 (4) to (7) of the Pension Benefits Act do not apply to the transfer. 2. For the purposes of section 79.1 of the Pension Benefits Act, the transfer is deemed to be authorized under section 80 or 81 of that Act if the transfer is done in accordance with subsections 80 (1) to (8) or 81 (1) to (3) of that Act, respectively. 2018, c. 3, Sched. 1, s. 211 (1). Transfer to prescribed retirement savings arrangement (4) If the amount of the assets to be transferred in relation to an individual’s pension benefits and other benefits under the original pension plan is greater than the amount allowed under the Income Tax Act (Canada) for such a transfer, the administrator of the original pension plan shall pay the portion that exceeds that allowed amount into a retirement savings arrangement prescribed under the Pension Benefits Act on behalf of the individual. 2018, c. 3, Sched. 1, s. 211 (1). Exception (5) If the amount to be paid under subsection (4) into a retirement savings arrangement prescribed under the Pension Benefits Act is greater than the amount prescribed under the Income Tax Act (Canada) for such a transfer, the administrator shall pay the portion that exceeds the amount prescribed under that Act as a lump sum to the individual. 2018, c. 3, Sched. 1, s. 211 (1). Effect of transfer of assets (6) When assets are transferred in accordance with this Part to a successor pension plan, the transferred assets become part of the assets of the pension fund for that pension plan and they cease to be identified as assets of the original pension plan. 2018, c. 3, Sched. 1, s. 211 (1). Status of transferred assets and discharge (7) When the assets are transferred in accordance with this Part, (a) the employer who is the sponsor of the successor pension plan assumes responsibility for providing pension benefits and other benefits under the original pension plan to the transferred members, and other persons entitled to payments under that plan, and they have no further claim against the original pension plan; and (b) the administrator of the original pension plan is discharged upon transferring the assets. 2018, c. 3, Sched. 1, s. 211 (1). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 1, s. 211 (1) - 08/03/2018 PART IX 
REGULATIONS AND MISCELLANEOUS