jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 Police services shall be provided throughout Ontario in accordance with the following principles: 1. The need to ensure the safety and security of all persons and property in Ontario. 2. The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms
and the Human Rights Code. 3. The need for co-operation between the providers of police services and the communities they serve. 4. The importance of respect for victims of crime and understanding of their needs. 5. The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society. 6. The need to ensure that police forces are representative of the communities they serve.  R.S.O. 1990, c. P.15, s. 1.
3 (1) Repealed:  2007, c. 5, s. 2. Duties and powers of Solicitor General (2) The Solicitor General shall, (a) monitor police forces to ensure that adequate and effective police services are provided at the municipal and provincial levels; (b) monitor boards and police forces to ensure that they comply with prescribed standards of service or standards established under the Police Record Checks Reform Act, 2015; (c)  Repealed:  1995, c. 4, s. 4 (1). (d) develop and promote programs to enhance professional police practices, standards and training; (e) conduct a system of inspection and review of police forces across Ontario; (f) assist in the co-ordination of police services; (g) consult with and advise boards, community policing advisory committees, municipal chiefs of police, employers of special constables and associations on matters relating to police and police services; (h) develop, maintain and manage programs and statistical records and conduct research studies in respect of police services and related matters; (i) provide to boards, community policing advisory committees and municipal chiefs of police information and advice respecting the management and operation of police forces, techniques in handling special problems and other information calculated to assist; (j) issue directives and guidelines respecting policy matters; (k) develop and promote programs for community-oriented police services; (l) operate the Ontario Police College.  R.S.O. 1990, c. P.15, s. 3 (2); 1995, c. 4, s. 4 (1); 1997, c. 8, s. 2 (2, 3); 2015, c. 30, s. 26 (1). Ontario Police College continued (3) The police college known as the Ontario Police College for the training of members of police forces is continued.  R.S.O. 1990, c. P.15, s. 3 (3). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (1) - 14/12/1995; 1997, c. 8, s. 2 (1-3) - 27/11/1997 2007, c. 5, s. 2 - 19/10/2009 2015, c. 30, s. 26 (1) - 01/11/2018 Municipalities
4 (1) Every municipality to which this subsection applies shall provide adequate and effective police services in accordance with its needs.  1997, c. 8, s. 3. Core police services (2) Adequate and effective police services must include, at a minimum, all of the following police services: 1. Crime prevention. 2. Law enforcement. 3. Assistance to victims of crime. 4. Public order maintenance. 5. Emergency response.  1997, c. 8, s. 3. Infrastructure for police services (3) In providing adequate and effective police services, a municipality shall be responsible for providing all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies.  1997, c. 8, s. 3. Application (4) Subsection (1) applies to, (a) single-tier municipalities; (b) lower-tier municipalities in the County of Oxford and in counties; and (c) regional municipalities, other than the County of Oxford.  2002, c. 17, Sched. F, Table. (5) Repealed:  2002, c. 17, Sched. F, Table. Exception (6) Despite subsection (4), the councils of the County of Oxford and of all the lower-tier municipalities within the County of Oxford may agree to have subsection (1) apply to the County of Oxford and not to the lower-tier municipalities but, having made such agreement, the councils cannot thereafter revoke it.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 3 - 27/11/1997 2002, c. 17, Sched. F, Table - 01/01/2003
5 (1) A municipality’s responsibility to provide police services shall be discharged in one of the following ways: 1. The council may establish a police force, the members of which shall be appointed by the board under clause 31 (1) (a). 2. The council may enter into an agreement under section 33 with one or more other councils to constitute a joint board and the joint board may appoint the members of a police force under clause 31 (1) (a). 3. The council may enter into an agreement under section 6 with one or more other councils to amalgamate their police forces. 4. The council may enter into an agreement under section 6.1 with the council of another municipality to have its police services provided by the board of the other municipality, on the conditions set out in the agreement, if the municipality that is to receive the police services is contiguous to the municipality that is to provide the police services or is contiguous to any other municipality that receives police services from the same municipality. 5. The council may enter into an agreement under section 10, alone or jointly with one or more other councils, to have police services provided by the Ontario Provincial Police. 6. With the Commission’s approval, the council may adopt a different method of providing police services.  1997, c. 8, s. 4. Same – different methods in one municipality (2) Subject to subsection (3), a municipality’s responsibility to provide police services may be discharged in one way set out in subsection (1) in one discrete area of the municipality and in another way or ways set out in subsection (1) in other discrete areas of the municipality if, (a) the municipality consists of two or more widely dispersed communities or contains, within its boundaries, one or more communities that are remote from the rest of the municipality; or (b) police services have historically been provided to one or more discrete areas of the municipality in a way that is different from the way police services are provided in the rest of the municipality.  2001, c. 11, s. 1. One board or joint board (3) All the police services provided in one municipality, except police services provided in a way described in paragraph 3 or 4 of subsection (1) or police services provided in the municipality by the Ontario Provincial Police under section 5.1, must be provided under one board or joint board.  2002, c. 18, Sched. N, s. 59. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 4 - 27/11/1997 2001, c. 11, s. 1
- 29/06/2001 2002, c. 18, Sched. N, s. 59 - 26/11/2002
5.1 (1) If a municipality does not provide police services by one of the ways set out in section 5, the Ontario Provincial Police shall provide police services to the municipality.  Municipality to pay for O.P.P. services (2) A municipality that is provided police services by the Ontario Provincial Police under subsection (1) shall pay the Minister of Finance for the services, in the amount and the manner provided by the regulations. Same (3) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty. Community policing advisory committee (4) One or more municipalities served by the same Ontario Provincial Police detachment that provides police services under this section may establish a community policing advisory committee. Composition (5) If a community policing advisory committee is established, it shall be composed of one delegate for each municipality that is served by the same Ontario Provincial Police detachment and that chooses to send a delegate. Functions (6) A community policing advisory committee shall advise the detachment commander of the Ontario Provincial Police detachment assigned to the municipality or municipalities, or his or her designate, with respect to objectives and priorities for police services in the municipality or municipalities. Term of office (7) The term of office for a delegate to a community policing advisory committee shall be as set out by the council in his or her appointment, but shall not exceed the term of office of the council that appointed the delegate. Same, and reappointment (8) A delegate to a community policing advisory committee may continue to sit after the expiry of the term of office of the council that appointed him or her until the appointment of his or her successor, and is eligible for reappointment. Protection from liability (9) No action or other proceeding for damages shall be instituted against a community policing advisory committee or a delegate to a community policing advisory committee for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty.  1997, c. 8, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 5 - 27/11/1997
6 (1) Despite any other Act, the councils of two or more municipalities that have police forces may enter into an agreement to amalgamate them.  R.S.O. 1990, c. P.15, s. 6 (1); 1997, c. 8, s. 6 (1). Contents of amalgamation agreement (2) The agreement shall deal with, (a) the establishment and, subject to section 33, the composition of a joint board for the amalgamated police force; (b) the amalgamation of the police forces and the appointment or transfer of their members; (c) the joint board’s use of the assets and its responsibility for the liabilities associated with the police forces; (d) the budgeting of the cost for the operation of the amalgamated police force; (e) any other matter that is necessary or advisable to effect the amalgamation.  R.S.O. 1990, c. P.15, s. 6 (2); 1997, c. 8, s. 6 (2, 3). Commission’s approval (3) The agreement does not take effect until the Commission has approved the organization of the amalgamated police force.  R.S.O. 1990, c. P.15, s. 6 (3). Exception, board appointments (4) Appointments to a joint board for an amalgamated police force may be made before the agreement takes effect.  R.S.O. 1990, c. P.15, s. 6 (4); 1997, c. 8, s. 6 (4). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 6 (1-4) - 27/11/1997
6.1 (1) The councils of two municipalities may enter into an agreement for the provision of police services for one municipality by the board of the other municipality, on the conditions set out in the agreement, if the municipality that is to receive the police services is contiguous to the municipality that is to provide the police services or is contiguous to any other municipality that receives police services from the same municipality.  Advisors to board (2) The council of a municipality that receives police services pursuant to an agreement made under subsection (1) may select a person to advise the other municipality’s board with respect to objectives and priorities for police services in the municipality that receives the police services. Term of office (3) The term of office for a person selected to advise another municipality’s board shall be as set by the council when the person is selected, but shall not exceed the term of office of the council that selected him or her. Same and reappointment (4) A person selected to advise another municipality’s board may continue to sit after the expiry of the term of office of the council that selected him or her until the selection of his or her successor, and is eligible for reappointment. Protection from liability (5) No action or other proceeding for damages shall be instituted against a person selected to advise another municipality’s board for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty.  1997, c. 8, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 7 - 27/11/1997
7 (1) Two or more boards may agree that one board will provide some police services to the other or others, on the conditions set out in the agreement. Limitation (2) Two or more boards may not agree under subsection (1) that the police force of one board will provide the other board or boards with all the police services that a municipality is required to provide under section 4. Municipal agreements with O.P.P. (3) The board of a municipality may agree with the Commissioner or with the local detachment commander of the Ontario Provincial Police that the Ontario Provincial Police will provide some police services to the municipality, on the conditions set out in the agreement, and subsections 10 (7) and (8) apply to the agreement.  1997, c. 8, s. 8. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 8 - 27/11/1997
8 (1) A municipality to which subsection 4 (1) (obligation to provide police services) does not apply may, with the Commission’s approval, establish and maintain a police force. Transition (2) An approval given or deemed to have been given under section 19 of the Police Act, being chapter 381 of the Revised Statutes of Ontario, 1980, in respect of a police force that was being maintained on the 30th day of December, 1990, shall be deemed to have been given under this section. Revocation (3) The Commission may revoke an approval given or deemed to have been given under this section.  R.S.O. 1990, c. P.15, s. 8.
9 (1) If the Commission finds that a municipality to which subsection 4 (1) applies is not providing police services, it may request that the Commissioner have the Ontario Provincial Police give assistance. Inadequate police services (2) If the Commission finds that a municipal police force is not providing adequate and effective police services or is not complying with this Act or the regulations, it may communicate that finding to the board of the municipality and direct the board to take the measures that the Commission considers necessary. Idem (3) If the board does not comply with the direction, the Commission may request that the Commissioner have the Ontario Provincial Police give assistance. Crown Attorney’s request (4) In any area for which a municipality is required to provide police services, the Crown Attorney may request that the Commissioner have the Ontario Provincial Police give assistance. Board’s request (5) A board may, by resolution, request that the Commissioner have the Ontario Provincial Police give assistance. Request of chief of police in emergency (6) A municipal chief of police who is of the opinion that an emergency exists in the municipality may request that the Commissioner have the Ontario Provincial Police give assistance. Chief of police to advise board (7) A chief of police who makes a request under subsection (6) shall advise the chair of the board of the fact as soon as possible.  R.S.O. 1990, c. P.15, s. 9 (1-7). Assistance of O.P.P. (8) When a request is made under this section, the Commissioner shall have the Ontario Provincial Police give such temporary or emergency assistance as he or she considers necessary and shall have the Ontario Provincial Police stop giving temporary or emergency assistance when he or she considers it appropriate to do so.  1997, c. 8, s. 9 (1). Cost of services (9) The Commissioner shall certify the cost of the services provided under this section by the Ontario Provincial Police and, unless the Solicitor General directs otherwise, the municipality shall pay that amount to the Minister of Finance.  R.S.O. 1990, c. P.15, s. 9 (9); 1997, c. 8, s. 9 (2). Same (10) The amount owed by a municipality for the police services provided by the Ontario Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.  1997, c. 8, s. 9 (3). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 9 (1-3) - 27/11/1997
11 (1) This section applies if a municipality is entitled to receive fines paid as a result of prosecutions instituted by police officers of the municipal police force. Idem (2) If the municipality does not have its own police force because of an agreement under section 7 or 10, the police officers who are assigned to the municipality under the agreement shall, for the purposes of determining entitlement to fines, be deemed to be police officers of the municipal police force.  R.S.O. 1990, c. P.15, s. 11. 12 Repealed:  1997, c. 8, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 11 - 27/11/1997
13 (1) If, because of the establishment of a business or for any other reason, special circumstances or abnormal conditions in an area make it inequitable, in the Solicitor General’s opinion, to impose the responsibility for police services on a municipality or on the Province, the Lieutenant Governor in Council may designate the area as a special area. Agreement for provision of police services by O.P.P. (2) The person who operates the business or owns the special area shall enter into an agreement with the Solicitor General for the provision of police services by the Ontario Provincial Police for the special area.  R.S.O. 1990, c. P.15, s. 13 (1, 2). Duties of O.P.P., payment (3) Subsections 10 (6) and (7) apply to the agreement with necessary modifications.  R.S.O. 1990, c. P.15, s. 13 (3); 1997, c. 8, s. 12. Failure to enter into agreement (4) If the person who operates the business or owns the special area does not enter into an agreement as subsection (2) requires, the Ontario Provincial Police shall provide police services for the area. Cost of services (5) The costs of the services may be recovered from the person by a court action, with costs, as a debt due to Her Majesty.  R.S.O. 1990, c. P.15, s. 13 (4, 5). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 12 - 27/11/1997
14 A municipality that has an interest in land outside the territory of the municipality may agree to pay all or part of the cost of providing police services for the land.  R.S.O. 1990, c. P.15, s. 14.
15 (1) A municipal council may appoint persons to enforce the by-laws of the municipality.  R.S.O. 1990, c. P.15, s. 15 (1). Peace officers (2) Municipal law enforcement officers are peace officers for the purpose of enforcing municipal by-laws.  R.S.O. 1990, c. P.15, s. 15 (2); 1997, c. 8, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 13 - 27/11/1997
16 A municipal council may grant financial or other assistance for the benefit of the surviving spouses and children of members of the municipal police force who die from injuries received or illnesses contracted in the discharge of their duties.  R.S.O. 1990, c. P.15, s. 16; 1999, c. 6, s. 55 (2); 2005, c. 5, s. 58 (3). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 55 (2) - 01/03/2000 2005, c. 5, s. 58 (3) - 09/03/2005
16.1 Subject to the approval of the Ontario Civilian Police Commission, the council of every local municipality may establish, maintain and regulate detention facilities for the detention and imprisonment of persons sentenced to imprisonment therein for not more than 10 days, and of persons detained for examination on a charge of having committed any offence, or for transfer to any correctional institution for trial, or in the execution of any sentence, and such persons may be lawfully received and so detained in the detention facilities.  2001, c. 25, s. 481; 2007, c. 5, s. 3. Section Amendments with date in force (d/m/y) 2001, c. 25, s. 481 - 01/01/2003 2007, c. 5, s. 3
- 19/10/2009
16.2  (1) Every detention facility shall be placed in the charge of a peace officer appointed for that purpose.  2001, c. 25, s. 481. Salary (2) The municipal council may provide for and pay the salary or other remuneration of the peace officer in charge of a detention facility.  2001, c. 25, s. 481. Section Amendments with date in force (d/m/y) 2001, c. 25, s. 481 - 01/01/2003 Ontario Provincial Police
17 (1) There shall be a Commissioner of the Ontario Provincial Police who shall be appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. P.15, s. 17 (1). Functions (2) Subject to the Solicitor General’s direction, the Commissioner has the general control and administration of the Ontario Provincial Police and the employees connected with it.  R.S.O. 1990, c. P.15, s. 17 (2). Deputy Commissioners (3) The Lieutenant Governor in Council may appoint one or more deputy Commissioners, who shall act in the place of the Commissioner if he or she is absent or unable to act, and who, when so acting, may exercise all the powers and perform all the duties of the Commissioner.  2006, c. 19, Sched. F, s. 5. Delegation (3.1) The Commissioner may delegate in writing any of his or her powers and duties under this Act to a deputy Commissioner, subject to any limitations, conditions and requirements set out in the delegation.  2006, c. 19, Sched. F, s. 5. Annual report (4) After the end of each calendar year, the Commissioner shall file with the Solicitor General an annual report on the affairs of the Ontario Provincial Police.  R.S.O. 1990, c. P.15, s. 17 (4). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (2) - 14/12/1995 2006, c. 19, Sched. F, s. 5 - 22/06/2006
18 (1) The Ontario Provincial Police shall consist of, (a) the Commissioner; (b) other police officers appointed under Part III of the Public Service of Ontario Act, 2006; and (c) other employees of the Ontario Provincial Police appointed under Part III of the Public Service of Ontario Act, 2006.  2009, c. 18, Sched. 23, s. 15. Ranks (2) The Commissioner shall establish the ranks of police officers within the Ontario Provincial Police and shall determine the rank of each police officer.  2009, c. 18, Sched. 23, s. 15. Commissioned officers (3) The Lieutenant Governor in Council may name police officers of the Ontario Provincial Police to the rank of commissioned officers and may authorize the issue of commissions to them under the Great Seal.  R.S.O. 1990, c. P.15, s. 18 (3). (4) Repealed:  2009, c. 33, Sched. 9, s. 10 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 111 (1) - 20/08/2007 2009, c. 18, Sched. 23, s. 15 - 05/06/2009; 2009, c. 33, Sched. 9, s. 10 (1) - 15/12/2009
19 (1) The Ontario Provincial Police have the following responsibilities: 1. Providing police services in respect of the parts of Ontario that do not have municipal police forces other than municipal law enforcement officers. 2. Providing police services in respect of all navigable bodies and courses of water in Ontario, except those that lie within municipalities designated by the Solicitor General. 3. Maintaining a traffic patrol on the King’s Highway, except the parts designated by the Solicitor General. 4. Maintaining a traffic patrol on the connecting links within the meaning of section 21 of the Public Transportation and Highway Improvement Act that are designated by the Solicitor General. 5. Maintaining investigative services to assist municipal police forces on the Solicitor General’s direction or at the Crown Attorney’s request.  R.S.O. 1990, c. P.15, s. 19 (1); 1997, c. 8, s. 14 (1). Municipal by-laws (2) The Ontario Provincial Police have no responsibilities in connection with municipal by-laws, except under agreements made in accordance with section 10.  R.S.O. 1990, c. P.15, s. 19 (2). O.P.P. may charge for services (3) The Ontario Provincial Police may, with the approval of the Solicitor General, charge a municipality, a law enforcement agency or any prescribed corporation or organization for any service it provides to them under this Act. Payment into Consolidated Revenue Fund (4) The amounts received pursuant to a charge imposed under subsection (3) shall be paid into the Consolidated Revenue Fund. Collection of amounts owed (5) The amount owed pursuant to a charge imposed under subsection (3), if not collected by other means, may be recovered by a court action, with costs, as a debt due to Her Majesty and, if the amount is owed by a municipality, may be deducted from any grant payable to the municipality out of provincial funds.  1997, c. 8, s. 14 (2). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 14 (1, 2) - 27/11/1997
20 The Lieutenant Governor in Council may, out of money appropriated for that purpose by the Legislature, grant financial or other assistance for the benefit of the surviving spouses and children of members of the Ontario Provincial Police who die from injuries received or illnesses contracted in the discharge of their duties.  R.S.O. 1990, c. P.15, s. 20; 1999, c. 6, s. 55 (3); 2005, c. 5, s. 58 (4). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 55 (3) - 01/03/2000 2005, c. 5, s. 58 (4) - 09/03/2005 PART II 
Ontario Civilian Police Commission
21 (1) The commission known in English as the Ontario Civilian Commission on Police Services and in French as Commission civile des services policiers de l’Ontario is continued as the Ontario Civilian Police Commission in English and Commission civile de l’Ontario sur la police in French.  2007, c. 5, s. 5. Membership (2) The Commission shall consist of such members as are appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 15. Chair, vice-chairs (3) The Lieutenant Governor in Council may designate one of the members of the Commission to be the chair and one or more members of the Commission to be vice-chairs.  1997, c. 8, s. 15. Employees (4) Such employees as are considered necessary for the proper conduct of the affairs of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 111 (2). Delegation (5) The chair may authorize a member or employee of the Commission to exercise the Commission’s powers and perform its duties with respect to a particular matter, but the authority conferred on the Commission by sections 23 and 24 may not be delegated.  1997, c. 8, s. 15. Quorum (6) The chair shall determine the number of members of the Commission that constitutes a quorum for any purpose, and may determine that one member constitutes a quorum.  1997, c. 8, s. 15. (7) Repealed: 2017, c. 34, Sched. 46, s. 48. Expenses (8) The money required for the Commission’s purposes shall be paid out of the amounts appropriated by the Legislature for that purpose.  1997, c. 8, s. 15. Protection from personal liability (9) No action or other proceeding for damages shall be instituted against a member of the Commission for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of that duty.  1997, c. 8, s. 15. Confidentiality (10) Each member of the Commission shall preserve secrecy in respect of all information obtained in the course of his or her duties 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 and the regulations; (b) to his or her counsel; or (c) with the consent of the person, if any, to whom the information relates.  2002, c. 18, Sched. N, s. 60. Exception – law enforcement purposes (11) Despite subsection (10), the chair of the Commission or his or her designate may communicate any information obtained in the course of their duties under this Act as may be required for law enforcement purposes.  2002, c. 18, Sched. N, s. 60. Testimony (12) No member or employee of the Commission shall be required to give testimony in any civil suit or proceeding with regard to information obtained in the course of his or her duties.  2002, c. 18, Sched. N, s. 60. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 15 - 27/11/1997 2002, c. 18, Sched. N, s. 60 - 26/11/2002 2006, c. 35, Sched. C, s. 111 (2) - 20/08/2007 2007, c. 5, s. 5
- 19/10/2009 2017, c. 34, Sched. 46, s. 48 - 01/01/2018
22 (1) The Commission’s powers and duties include, (a) if the Solicitor General advises the Commission that a board or municipal police force is not complying with prescribed standards of police services or standards established under the Police Record Checks Reform Act, 2015, (i) directing the board or police force to comply, and (ii) if the Commission considers it appropriate, taking measures in accordance with subsection 23 (1); (b) conducting investigations with respect to appointing officials under the Interprovincial Policing Act, 2009
under section 25; (c) conducting investigations with respect to municipal police matters under section 25; (d) conducting inquiries into matters relating to crime and law enforcement under section 26; (e) conducting inquiries, on its own motion, in respect of a complaint or complaints made about the policies of or services provided by a police force or about the conduct of a police officer and the disposition of such complaint or complaints by a chief of police or board; (e.1)  Repealed:  2007, c. 5, s. 6 (1). (e.2) making recommendations with respect to the policies of or services provided by a police force by sending the recommendations, with any supporting documents, to the Solicitor General, the chief of police, the association, if any, and, in the case of a municipal police force, the board; (f) hearing and disposing of matters referred to it by boards and appealed to it by police officers and complainants in accordance with Part V.  R.S.O. 1990, c. P.15, s. 22 (1); 1995, c. 4, s. 4 (3); 1997, c. 8, s. 16 (1-3); 2007, c. 5, s. 6 (1, 2); 2009, c. 30, s. 44; 2015, c. 30, s. 26 (2). Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009 applies to an investigation or inquiry conducted by the Commission.  2009, c. 33, Sched. 6, s. 78 (1). Statutory Powers Procedure Act applicable to hearings (3) The Statutory Powers Procedure Act does not apply to the Commission, except to a hearing conducted by the Commission under subsection 23 (1), 25 (4), (4.1) or (5), 39 (5), 47 (5), 69 (8), 77 (7), 87 (2), (3) or (4) or 116 (1).  1997, c. 8, s. 16 (4); 2007, c. 5, s. 6 (3). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (3) - 14/12/1995; 1997, c. 8, s. 16 (1-4) - 27/11/1997 2007, c. 5, s. 6 (1-3) - 19/10/2009 2009, c. 30, s. 44 - 05/07/2010; 2009, c. 33, Sched. 6, s. 78 (1) - 01/06/2011 2015, c. 30, s. 26 (2)
- 01/11/2018
24 (1) The Commission may make an interim order under subsection 23 (1), without notice and without holding a hearing, if it is of the opinion that an emergency exists and that the interim order is necessary in the public interest. Restriction (2) The Commission shall not remove a person from office or disband a police force by means of an interim order.  R.S.O. 1990, c. P.15, s. 24.
26 (1) The Lieutenant Governor in Council may direct the Commission to inquire into and report to the Lieutenant Governor in Council on any matter relating to crime or law enforcement, and shall define the scope of the inquiry in the direction.  R.S.O. 1990, c. P.15, s. 26 (1); 1997, c. 8, s. 18. (2) Repealed:  2009, c. 33, Sched. 6, s. 78 (2). Rights of witnesses (3) Witnesses at inquiries conducted under this section have the right to retain and instruct counsel and all the other rights of witnesses in civil courts.  R.S.O. 1990, c. P.15, s. 26 (3). Offence (4) Any person who knowingly discloses, without the Commission’s consent, evidence taken in private at an inquiry conducted under this section or information likely to identify the witness is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.15, s. 26 (4). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 18 - 27/11/1997 2009, c. 33, Sched. 6, s. 78 (2) - 01/06/2011 Part II.1   Independent Police Review Director Establishment of Independent Police Review Director
26.2 The functions of the Independent Police Review Director are, (a) to manage complaints made to him or her by members of the public in accordance with Part V and the regulations; and (b) to exercise such powers and perform such duties of the Independent Police Review Director as may be prescribed under paragraph 4.1 of subsection 135 (1).  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
- 19/10/2009 CTS 20 AU 14 - 1
26.3 Every chief of police shall designate a senior officer, as defined in section 114, within his or her police force to serve as a liaison with the Independent Police Review Director.  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
- 19/10/2009 CTS 20 AU 14 - 1 Investigation Powers
26.4 Section 33 of the Public Inquiries Act, 2009 applies to an investigation or review under this Act by the Independent Police Review Director or by an investigator appointed under subsection 26.5 (1) or an employee in the office of the Independent Police Review Director who is conducting an investigation or review on behalf of the Independent Police Review Director.  2009, c. 33, Sched. 6, s. 78 (3). Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
- 19/10/2009 2009, c. 33, Sched. 6, s. 78 (3) - 01/06/2011 CTS 20 AU 14 - 1
26.5 (1) The Independent Police Review Director may appoint as investigators such employees in his or her office or other persons as he or she considers necessary to carry out investigations under Part V or the regulations, and such appointments shall be in writing.  2007, c. 5, s. 8. Proof of appointment (2) An investigator shall, when exercising his or her powers of investigation under this Act, produce the appointment if requested to do so.  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8 - 19/10/2009 CTS 20 AU 14 - 1
26.7 (1) A justice of the peace or a provincial judge may, on application by an investigator without notice, issue an order in relation to a place other than one to which section 26.6 applies authorizing the investigator to enter the place for which the order is issued and exercise any of the powers set out in the order in relation to a record, thing, data or information listed in the order if the justice of the peace or provincial judge, as the case may be, is satisfied by information under oath that, (a) the investigation relates to the conduct of a police officer; (b) there are reasonable grounds to believe that the conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance; (c) there are reasonable grounds to believe that there is in the place a record, thing, data or information that relates to the investigation; and (d) it is in the best interests of the administration of justice to issue the order having regard to all relevant matters, including the nature of the place sought to be entered.  2007, c. 5, s. 8. Powers on entry (2) The order may, in relation to the investigation, authorize the investigator to exercise any or all of the powers set out in subsection 26.6 (2).  2007, c. 5, s. 8. Dwelling (3) Despite subsection (1), the investigator shall not exercise the power under an order to enter a place or part of a place used as a dwelling, unless the justice of the peace or provincial judge is informed that the order is being sought to authorize entry into a dwelling and the order authorizes the entry into the dwelling.  2007, c. 5, s. 8. Expert help (4) The order issued under subsection (1) may authorize persons who have special, expert or professional knowledge to accompany and assist the investigator in the execution of the order.  2007, c. 5, s. 8. Conditions (5) The order may contain terms and conditions in addition to those provided for in this section as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances.  2007, c. 5, s. 8. Time of execution (6) The order shall be executed between 6 a.m. and 9 p.m., unless the order specifies otherwise  2007, c. 5, s. 8. Expiry of order (7) The order is valid for 30 days or for such shorter period as may be specified in it.  2007, c. 5, s. 8. Further orders (8) A justice of the peace or provincial judge may issue further orders under subsection (1).  2007, c. 5, s. 8. Use of force (9) The investigator named in the order may use whatever force is necessary to execute the order and may call upon a police officer for assistance in executing the order.  2007, c. 5, s. 8. Definition (10) In this section, “place” includes a building, a receptacle and a vehicle.  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
- 19/10/2009 CTS 10 DE 08 - 1
26.9 A copy of a record or other thing that purports to be certified by the investigator as being a true copy of the original is, in the absence of proof to the contrary, admissible in evidence to the same extent as the original, and has the same evidentiary value.  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
- 19/10/2009 PART III 
MUNICIPAL POLICE SERVICES BOARDS
28 (1) The members of a board shall elect a chair at the board’s first meeting in each year.  R.S.O. 1990, c. P.15, s. 28. Vice-chair (2) The members of a board may also elect a vice-chair at the first meeting in each year, and the vice-chair shall act as the chair if the chair is absent or if the chair’s position is vacant.  1997, c. 8, s. 20. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 20 - 27/11/1997
29 (1) No action or other proceeding for damages shall be instituted against a member of a board for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of that duty. Board’s liability (2) Subsection (1) does not relieve a board of liability for a member’s acts or omissions, and the board is liable as if that subsection had not been enacted and as if the member were the board’s employee.  R.S.O. 1990, c. P.15, s. 29.
30 (1) A board may contract, sue and be sued in its own name. Members not liable for board’s contracts (2) The members of a board are not personally liable for the board’s contracts.  R.S.O. 1990, c. P.15, s. 30.
31 (1) A board is responsible for the provision of adequate and effective police services in the municipality and shall, (a) appoint the members of the municipal police force; (b) generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality; (c) establish policies for the effective management of the police force; (d) recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account; (e) direct the chief of police and monitor his or her performance; (f) establish policies respecting the disclosure by chiefs of police of personal information about individuals; (g) receive regular reports from the chief of police on disclosures and decisions made under section 49 (secondary activities); (h) establish guidelines with respect to the indemnification of members of the police force for legal costs under section 50; (i) establish guidelines for dealing with complaints under Part V, subject to subsection (1.1); (j) review the chief of police’s administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system.  R.S.O. 1990, c. P.15, s. 31 (1); 1995, c. 4, s. 4 (7); 1997, c. 8, s. 21 (1-3); 1997, c. 17, s. 8; 2007, c. 5, s. 9 (1). Restriction (1.1) Guidelines in respect of complaints made by members of the public under Part V shall not be established by the board unless they are consistent with, (a) any procedural rules or guidelines for the handling of public complaints established under clause 56 (1) (b) by the Independent Police Review Director; and (b) any procedure, condition or requirement made by regulation under paragraph 26.4 of subsection 135 (1).  2007, c. 5, s. 9 (2). Members of police force under board’s jurisdiction (2) The members of the police force, whether they were appointed by the board or not, are under the board’s jurisdiction. Restriction (3) The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders or directions to any member of the police force. Idem (4) The board shall not direct the chief of police with respect to specific operational decisions or with respect to the day-to-day operation of the police force. Training of board members (5) The board shall ensure that its members undergo any training that the Solicitor General may provide or require. Rules re management of police force (6) The board may, by by-law, make rules for the effective management of the police force.  R.S.O. 1990, c. P.15, s. 31 (2-6). Guidelines re secondary activities (7) The board may establish guidelines consistent with section 49 for disclosing secondary activities and for deciding whether to permit such activities.  1997, c. 8, s. 21 (4). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (7) - 14/12/1995; 1997, c. 8, s. 21 (1-4) - 27/11/1997; 1997, c. 17, s. 8 - 04/06/1998 2007, c. 5, s. 9 (1, 2) - 19/10/2009 CTS 20 AU 14 - 1
32 Before entering on the duties of office, a member of a board shall take an oath or affirmation of office in the prescribed form.  R.S.O. 1990, c. P.15, s. 32.
33 (1) Despite any special Act, the councils of two or more municipalities may enter into an agreement to constitute a joint board. Consent of Solicitor General required (2) The agreement must be authorized by by-laws of the councils of the participating municipalities and requires the consent of the Solicitor General. Application of Act to joint boards (3) The provisions of this Act that apply to boards also apply with necessary modifications to joint boards. Three-member joint boards (4) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act does not exceed 25,000 shall consist of, (a) one person who is a member of the council of a participating municipality, appointed by agreement of the councils of the participating municipalities; (b) one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and (c) one person appointed by the Lieutenant Governor in Council. Five-member joint boards (5) The joint board of municipalities whose combined population according to the last enumeration taken under section 15 of the Assessment Act exceeds 25,000 shall consist of, (a) two persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities; (b) one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and (c) two persons appointed by the Lieutenant Governor in Council. Option to expand joint board (6) The councils of participating municipalities to which subsection (4) would otherwise apply may determine, by resolution of each of them, that the composition of their joint board shall be as described in subsection (5). Seven-member joint boards (7) Where the combined population of the participating municipalities according to the last enumeration taken under section 15 of the Assessment Act exceeds 300,000, the councils of the participating municipalities may apply to the Lieutenant Governor in Council for an increase in the size of their joint board; if the Lieutenant Governor in Council approves the application, the joint board shall consist of, (a) three persons who are members of the councils of any participating municipalities, appointed by agreement of the councils of the participating municipalities; (b) one person appointed by agreement of the councils of the participating municipalities, who is neither a member of a council of a participating municipality nor an employee of a participating municipality; and (c) three persons appointed by the Lieutenant Governor in Council.  1997, c. 8, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 22 - 27/11/1997
34 A board may delegate to two or more of its members any authority conferred on it by this Act, except, (a)  Repealed:  1997, c. 8, s. 23. (b) the authority to bargain under Part VIII, which the board may delegate to one or more members.  R.S.O. 1990, c. P.15, s. 34; 1997, c. 8, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 23 - 27/11/1997
35 (1) The board shall hold at least four meetings each year. Quorum (2) A majority of the members of the board constitutes a quorum. Proceedings open to the public (3) Meetings and hearings conducted by the board shall be open to the public, subject to subsection (4), and notice of them shall be published in the manner that the board determines. Exception (4) The board may exclude the public from all or part of a meeting or hearing if it is of the opinion that, (a) matters involving public security may be disclosed and, having regard to the circumstances, the desirability of avoiding their disclosure in the public interest outweighs the desirability of adhering to the principle that proceedings be open to the public; or (b) intimate financial or personal matters or other matters may be disclosed of such a nature, having regard to the circumstances, that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that proceedings be open to the public.  R.S.O. 1990, c. P.15, s. 35.
36 A document purporting to be a by-law of the board signed by a member or purporting to be a copy of such a by-law certified correct by a member is admissible in evidence without proof of the signature or authority of the person signing.  R.S.O. 1990, c. P.15, s. 36.
37 A board shall establish its own rules and procedures in performing its duties under this Act and, except when conducting a hearing under subsection 65 (9), the Statutory Powers Procedure Act does not apply to a board.  1997, c. 8, s. 24. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 24 - 27/11/1997
38 A municipal police force shall consist of a chief of police employed by the police force and such other police officers employed by the police force and other employees of the police force as are adequate, and shall be provided with adequate equipment and facilities.  2009, c. 30, s. 46. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 25 - 27/11/1997 2009, c. 30, s. 46 - 05/07/2010
39 (1) The board shall submit operating and capital estimates to the municipal council that will show, separately, the amounts that will be required,  (a) to maintain the police force and provide it with equipment and facilities; and (b) to pay the expenses of the board’s operation other than the remuneration of board members. Same (2) The format of the estimates, the period that they cover and the timetable for their submission shall be as determined by the council. Budget (3) Upon reviewing the estimates, the council shall establish an overall budget for the board for the purposes described in clauses (1) (a) and (b) and, in doing so, the council is not bound to adopt the estimates submitted by the board. Same (4) In establishing an overall budget for the board, the council does not have the authority to approve or disapprove specific items in the estimates. Commission hearing in case of dispute (5) If the board is not satisfied that the budget established for it by the council is sufficient to maintain an adequate number of police officers or other employees of the police force or to provide the police force with adequate equipment or facilities, the board may request that the Commission determine the question and the Commission, shall, after a hearing, do so.  1997, c. 8, s. 26. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 26 - 27/11/1997