23 (1) If the Commission is of the opinion, after holding a hearing, that a board or municipal police force has flagrantly or repeatedly failed to comply with prescribed standards of police services or standards established under the Police Record Checks Reform Act, 2015, the Commission may take any of the following measures or any combination of them: 1. Suspending the chief of police, one or more members of the board, or the whole board, for a specified period. 2. Removing the chief of police, one or more members of the board, or the whole board from office. 3. Disbanding the police force and requiring the Ontario Provincial Police to provide police services for the municipality. 4. Appointing an administrator to perform specified functions with respect to police matters in the municipality for a specified period.  R.S.O. 1990, c. P.15, s. 23 (1); 2015, c. 30, s. 26 (3). (2) Repealed: 1995, c. 4, s. 4 (4). Note: All hearings before the Ontario Civilian Commission on Police Services under subsection 23 (2) that were commenced but not concluded before December 14, 1995 are hereby discontinued, without costs.  See: 1995, c. 4, s. 4 (12). Suspension with or without pay (3) If the Commission suspends the chief of police or members of the board who are entitled to remuneration under subsection 27 (12), it shall specify whether the suspension is with or without pay.  R.S.O. 1990, c. P.15, s. 23 (3). (4) Repealed: 1995, c. 4, s. 4 (4). Powers of administrator (5) An administrator appointed under paragraph 4 of subsection (1) has all the powers necessary for the performance of his or her functions.  R.S.O. 1990, c. P.15, s. 23 (5); 1995, c. 4, s. 4 (5). Replacement of chief of police (6) If the Commission suspends or removes the chief of police, it may appoint a person to replace him or her. R.S.O. 1990, c. P.15, s. 23 (6). Parties (7) The parties to the hearing are the chief of police, the board, any member of the board that the Commission designates and, if the Commission so directs, the association or associations representing members of the police force. R.S.O. 1990, c. P.15, s. 23 (7). Idem (8) The Commission may add parties at any stage of the hearing on the conditions it considers proper. R.S.O. 1990, c. P.15, s. 23 (8). Replacement of suspended or removed member (9) If the Commission suspends a member of a board or removes him or her from office, the municipal council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member. R.S.O. 1990, c. P.15, s. 23 (9). Consequences of removal and suspension (10) A member who has been removed shall not subsequently be a member of any board, and a member who has been suspended shall not be reappointed during the period of suspension. R.S.O. 1990, c. P.15, s. 23 (10). Appeal to Divisional Court (11) A party may appeal to the Divisional Court within thirty days of receiving notice of the Commission’s decision. R.S.O. 1990, c. P.15, s. 23 (11). Grounds for appeal (12) An appeal may be made on a question that is not a question of fact alone, or from a penalty, or both. R.S.O. 1990, c. P.15, s. 23 (12). (13) Repealed: 1995, c. 4, s. 4 (6). (14) Repealed: 1995, c. 4, s. 4 (6). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (4-6, 12) - 14/12/1995 2015, c. 30, s. 26 (3)
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