jswizzle3737/ontario_laws_and_regs huggingface dataset:
40 (1) A board may terminate the employment of a member of the police force for the purpose of abolishing the police force or reducing its size if the Commission consents and if the abolition or reduction does not contravene this Act. Criteria for Commission’s consent (2) The Commission shall consent to the termination of the employment of a member of the police force under subsection (1) only if, (a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration; or (b) the Commission has made an order under subsection (3). Order imposing arbitration (3) If the member and the board do not make an agreement dealing with severance pay and do not agree to submit the matter to arbitration, the Commission, if it is of the opinion that it would be appropriate to permit the abolition of the police force or the reduction of its size, may order the member and the board to submit the matter to arbitration and may give any necessary directions in that connection. Arbitration (4) Section 124 applies to an arbitration referred to in this section with necessary modifications.  R.S.O. 1990, c. P.15, s. 40. PART IV 
POLICE OFFICERS AND OTHER POLICE STAFF Chief of Police
41 (1) The duties of a chief of police include, (a) in the case of a municipal police force, administering the police force and overseeing its operation in accordance with the objectives, priorities and policies established by the board under subsection 31 (1); (b) ensuring that members of the police force carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community, and that discipline is maintained in the police force; (c) ensuring that the police force provides community-oriented police services; (d) administering the complaints system in accordance with Part V.  R.S.O. 1990, c. P.15, s. 41 (1); 1995, c. 4, s. 4 (8, 9); 1997, c. 8, s. 27. Power to disclose personal information (1.1) Despite any other Act, a chief of police, or a person designated by him or her for the purpose of this subsection, may disclose personal information about an individual in accordance with the regulations.  1997, c. 17, s. 9. Purpose of disclosure (1.2) Any disclosure made under subsection (1.1) shall be for one or more of the following purposes: 1. Protection of the public. 2. Protection of victims of crime. 3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them. 4. Law enforcement. 5. Correctional purposes. 6. Administration of justice. 7. Enforcement of and compliance with any federal or provincial Act, regulation or government program. 8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual.  1997, c. 17, s. 9. Same (1.3) Any disclosure made under subsection (1.1) shall be deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.  1997, c. 17, s. 9; 2006, c. 34, Sched. C, s. 27. Same (1.4) If personal information is disclosed under subsection (1.1) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information.  1997, c. 17, s. 9. Chief of police reports to board (2) The chief of police reports to the board and shall obey its lawful orders and directions.  R.S.O. 1990, c. P.15, s. 41 (2). Section Amendments with date in force (d/m/y) 1995, c. 4, s. 4 (8, 9) - 14/12/1995; 1996, c. 1, s. 4 (8) - 14/12/1995; 1997, c. 8, s. 27 - 27/11/1997; 1997, c. 17, s. 9 - 04/06/1998 2006, c. 34, Sched. C, s. 27 - 01/04/2007 Police Officers
42 (1) The duties of a police officer include, (a) preserving the peace; (b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention; (c) assisting victims of crime; (d) apprehending criminals and other offenders and others who may lawfully be taken into custody; (e) laying charges and participating in prosecutions; (f) executing warrants that are to be executed by police officers and performing related duties; (g) performing the lawful duties that the chief of police assigns; (h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing municipal by-laws; (i) completing the prescribed training.  R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28. Power to act throughout Ontario (2) A police officer has authority to act as such throughout Ontario. Powers and duties of common law constable (3) A police officer has the powers and duties ascribed to a constable at common law.  R.S.O. 1990, c. P.15, s. 42 (2, 3). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 28 - 27/11/1997
43 (1) No person shall be appointed as a police officer unless he or she, (a) is a Canadian citizen or a permanent resident of Canada; (b) is at least eighteen years of age; (c) is physically and mentally able to perform the duties of the position, having regard to his or her own safety and the safety of members of the public; (d) is of good moral character and habits; and (e) has successfully completed at least four years of secondary school education or its equivalent.  R.S.O. 1990, c. P.15, s. 43 (1). Idem (2) A candidate for appointment as a police officer shall provide any relevant information or material that is lawfully requested in connection with his or her application.  R.S.O. 1990, c. P.15, s. 43 (2). Exception (3) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009 or to a candidate for appointment under that Act.  2009, c. 30, s. 47. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 47 - 05/07/2010
44 (1) A municipal police officer’s probationary period begins on the day he or she is appointed and ends on the later of, (a) the first anniversary of the day of appointment; (b) the first anniversary of the day the police officer completes an initial period of training at the Ontario Police College. Time for completing initial training (2) The police officer shall complete the initial period of training within six months of the day of appointment.  R.S.O. 1990, c. P.15, s. 44 (1, 2). Termination of employment during probationary period (3) A board may terminate a police officer’s employment at any time during his or her probationary period but, before doing so, shall give the police officer reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing, as the board may determine.  R.S.O. 1990, c. P.15, s. 44 (3); 1997, c. 8, s. 29 (1). Part V does not apply (3.1) Part V does not apply in the case of the termination of a police officer’s employment under subsection (3).  1997, c. 8, s. 29 (2). Only one probationary period (4) Subsections (1), (2) and (3) do not apply to a police officer who has completed a probationary period with another municipal police force, the Ontario Provincial Police, the Royal Canadian Mounted Police or a prescribed police force outside Ontario.  R.S.O. 1990, c. P.15, s. 44 (4); 1997, c. 8, s. 29 (3). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 29 (1-3) - 27/11/1997
45 (1) A person appointed to be a police officer shall, before entering on the duties of his or her office, take oaths or affirmations of office and secrecy in the prescribed form.  R.S.O. 1990, c. P.15, s. 45. Exception (2) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.  2009, c. 30, s. 48. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 48 - 05/07/2010 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 15, s. 1) Commissioned municipal police officers 45.1 The Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to a municipal police officer who has achieved a prescribed rank. 2022, c. 15, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 15, s. 1
- not in force
46 No municipal police officer shall engage in political activity, except as the regulations permit.  R.S.O. 1990, c. P.15, s. 46. Members of Police Forces
49 (1) A member of a police force shall not engage in any activity, (a) that interferes with or influences adversely the performance of his or her duties as a member of a police force, or is likely to do so; (b) that places him or her in a position of conflict of interest, or is likely to do so; (c) that would otherwise constitute full-time employment for another person; or (d) in which he or she has an advantage derived from being a member of a police force.  R.S.O. 1990, c. P.15, s. 49 (1); 2009, c. 30, s. 50 (1). Exception, officer appointed under the Interprovincial Policing Act, 2009 (1.1) Clause (1) (c) does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.  2009, c. 30, s. 50 (2). Exception, paid duty (2) Clause (1) (d) does not prohibit a member of a police force from performing, in a private capacity, services that have been arranged through the police force.  R.S.O. 1990, c. P.15, s. 49 (2). Disclosure to chief of police (3) A member of a police force who proposes to undertake an activity that may contravene subsection (1) or who becomes aware that an activity that he or she has already undertaken may do so shall disclose full particulars of the situation to the chief of police or, in the case of a chief of police, to the board.  R.S.O. 1990, c. P.15, s. 49 (3); 1997, c. 8, s. 30 (1). Decision of chief of police or board (4) The chief of police or the board, as the case may be, shall decide whether the member is permitted to engage in the activity and the member shall comply with that decision.  R.S.O. 1990, c. P.15, s. 49 (4); 1997, c. 8, s. 30 (2). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 30 (1, 2) - 27/11/1997 2009, c. 30, s. 50 (1, 2) - 05/07/2010
50 (1) The board or the Crown in right of Ontario, as the case may be, is liable in respect of torts committed by members of the police force in the course of their employment.  R.S.O. 1990, c. P.15, s. 50 (1). Indemnification of member of municipal police force (2) The board may, in accordance with the guidelines established under clause 31 (1) (h), indemnify a member of the police force for reasonable legal costs incurred, (a) in the defence of a civil action, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith.  R.S.O. 1990, c. P.15, s. 50 (2). Agreement (3) A majority of the members of a police force and the board may, in an agreement made under Part VIII, provide for indemnification for the legal costs of members of the police force, except the legal costs of a member who is found guilty of a criminal offence; if such an agreement exists, the board shall indemnify members in accordance with the agreement and subsection (2) does not apply.  R.S.O. 1990, c. P.15, s. 50 (3); 1997, c. 8, s. 31 (1). Council responsible for board’s liabilities (4) The council is responsible for the liabilities incurred by the board under subsections (1), (2) and (3).  R.S.O. 1990, c. P.15, s. 50 (4). Indemnification of member of O.P.P. (5) The Minister of Finance may indemnify, out of the Consolidated Revenue Fund, a member of the Ontario Provincial Police for reasonable legal costs incurred, (a) in the defence of a civil action, if the member is not found to be liable; (b) in the defence of a criminal prosecution, if the member is found not guilty; (c) in respect of any other proceeding in which the member’s manner of execution of the duties of his or her employment was an issue, if the member is found to have acted in good faith.  R.S.O. 1990, c. P.15, s. 50 (5); 1997, c. 8, s. 31 (2). Agreement (6) The Ontario Provincial Police Association and the Crown in right of Ontario may, in an agreement made under the Ontario Provincial Police Collective Bargaining Act, 2006
or under a predecessor of that Act, including Part II of the Public Service Act as it read immediately before its repeal, provide for indemnification for the legal costs of members of the police force, except the legal costs of a member who is found guilty of a criminal offence; if such an agreement exists, the Minister of Finance shall indemnify members in accordance with the agreement and subsection (5) does not apply.  R.S.O. 1990, c. P.15, s. 50 (6); 1997, c. 8, s. 31 (3); 2006, c. 35, Sched. C, s. 111 (3). Exception, officer appointed under the Interprovincial Policing Act, 2009 (7) This section does not apply in respect of a police officer appointed under the Interprovincial Policing Act, 2009.  2009, c. 30, s. 51. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 31 (1-3) - 27/11/1997 2006, c. 35, Sched. C, s. 111 (3) - 20/08/2007 2009, c. 30, s. 51 - 05/07/2010
51 (1) With the board’s approval, a municipal chief of police may appoint persons as police cadets to undergo training. Idem (2) A police cadet is a member of the municipal police force.  R.S.O. 1990, c. P.15, s. 51.
52 (1) With the Solicitor General’s approval, a board may appoint auxiliary members of the police force.  R.S.O. 1990, c. P.15, s. 52 (1); 1997, c. 8, s. 32 (1). Notice of suspension or termination (2) If the board suspends or terminates the appointment of an auxiliary member of the police force, it shall promptly give the Solicitor General written notice of the suspension or termination.  1997, c. 8, s. 32 (2). Auxiliary members of O.P.P. (3) The Commissioner may appoint auxiliary members of the Ontario Provincial Police.  R.S.O. 1990, c. P.15, s. 52 (3). Same (3.1) The Commissioner also has the power to suspend or terminate the appointment of an auxiliary member of the police force. Information and opportunity to reply (3.2) Before the auxiliary member’s appointment is terminated under subsection (2) or (3.1), he or she shall be given reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing, as the board or Commissioner, as the case may be, may determine.  1997, c. 8, s. 32 (3). Authority of auxiliary members of police force (4) An auxiliary member of a police force has the authority of a police officer if he or she is accompanied or supervised by a police officer and is authorized to perform police duties by the chief of police. Restriction (5) The chief of police may authorize an auxiliary member of the police force to perform police duties only in special circumstances, including an emergency, that the police officers of the police force are not sufficiently numerous to deal with. Oaths of office and secrecy (6) A person appointed to be an auxiliary member of a police force shall, before entering on the duties of his or her office, take oaths or affirmations of office and secrecy in the prescribed form.  R.S.O. 1990, c. P.15, s. 52 (4-6). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 32 (1-3) - 27/11/1997 Special Constables Appointment of special constables
53 (1) With the Solicitor General’s approval, a board may appoint a special constable to act for the period, area and purpose that the board considers expedient.  R.S.O. 1990, c. P.15, s. 53 (1); 1997, c. 8, s. 33 (1). By Commissioner (2) With the Solicitor General’s approval, the Commissioner may appoint a special constable to act for the period, area and purpose that the Commissioner considers expedient.  R.S.O. 1990, c. P.15, s. 53 (2); 1997, c. 8, s. 33 (2). Powers of police officer (3) The appointment of a special constable may confer on him or her the powers of a police officer, to the extent and for the specific purpose set out in the appointment. Restriction (4) A special constable shall not be employed by a police force to perform on a permanent basis, whether part-time or full-time, all the usual duties of a police officer.  R.S.O. 1990, c. P.15, s. 53 (3, 4). Idem (5) Subsection (4) does not prohibit police forces from authorizing special constables to escort and convey persons in custody and to perform duties related to the responsibilities of boards under Part X.  R.S.O. 1990, c. P.15, s. 53 (5); 1997, c. 8, s. 33 (3). Suspension or termination of appointment (6) The power to appoint a special constable includes the power to suspend or terminate the appointment, but if a board or the Commissioner suspends or terminates an appointment, written notice shall promptly be given to the Solicitor General. Same (7) The Solicitor General also has power to suspend or terminate the appointment of a special constable. Information and opportunity to reply (8) Before a special constable’s appointment is terminated, he or she shall be given reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing as the board, Commissioner or Solicitor General, as the case may be, may determine.  1997, c. 8, s. 33 (4). Oaths of office and secrecy (9) A person appointed to be a special constable shall, before entering on the duties of his or her office, take oaths or affirmations of office and secrecy in the prescribed form.  R.S.O. 1990, c. P.15, s. 53 (9). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 33 (1-4) - 27/11/1997 First Nations Constables
54 (1) With the Commission’s approval, the Commissioner may appoint a First Nations Constable to perform specified duties. Further approval (2) If the specified duties of a First Nations Constable relate to a reserve as defined in the Indian Act
(Canada), the appointment also requires the approval of the reserve’s police governing authority or band council. Powers of police officer (3) The appointment of a First Nations Constable confers on him or her the powers of a police officer for the purpose of carrying out his or her specified duties. Duty to consult (4) The Commissioner shall not suspend or terminate the appointment of a First Nations Constable whose specified duties relate to a reserve without first consulting with the police governing authority or band council that approved the appointment.  R.S.O. 1990, c. P.15, s. 54 (1-4). Suspension or termination of appointment (5) The power to appoint a First Nations Constable includes the power to suspend or terminate the appointment, but if the Commissioner suspends or terminates an appointment, written notice shall promptly be given to the Commission.  R.S.O. 1990, c. P.15, s. 54 (5); 1997, c. 8, s. 34 (1). Commission (6) The Commission also has power to suspend or terminate the appointment of a First Nations Constable.  R.S.O. 1990, c. P.15, s. 54 (6); 1997, c. 8, s. 34 (2). Information and opportunity to reply (7) Before a First Nations Constable’s appointment is terminated, he or she shall be given reasonable information with respect to the reasons for the termination and an opportunity to reply, orally or in writing as the Commissioner or Commission, as the case may be, may determine.  R.S.O. 1990, c. P.15, s. 54 (7); 1997, c. 8, s. 34 (3). Oaths of office and secrecy (8) A person appointed to be a First Nations Constable shall, before entering on the duties of his or her office, take oaths or affirmations of office and secrecy in the prescribed form.  R.S.O. 1990, c. P.15, s. 54 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, section 54 of the Act is amended by adding the following subsections: (See: 2022, c. 15, s. 2) Commissioned First Nations Constable officers (9) Subject to subsection (10), the Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to a First Nations Constable who has achieved a prescribed rank. 2022, c. 15, s. 2. Consultation (10) The Lieutenant Governor in Council may not authorize the issue of a commission under the Great Seal to a First Nations Constable whose specified duties relate to a reserve without first consulting with the police governing authority or band council that approved the Constable’s appointment. 2022, c. 15, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 34 (1-3) - 27/11/1997 2022, c. 15, s. 2
- not in force Emergencies
55 (1) In an emergency, the Solicitor General may make an agreement with the Crown in right of Canada or of another province or with any of its agencies for the provision of police services. Authority to act as police officers (2) The agreement authorizes all peace officers to whom it relates to act as police officers in the area to which the agreement relates.  R.S.O. 1990, c. P.15, s. 55 (1, 2). Application (3) For the purposes of the insurance plan established under the Workplace Safety and Insurance Act, 1997, the relationship between a member of a police force and the body that employs him or her continues as if an agreement had not been made under this section.  R.S.O. 1990, c. P.15, s. 55 (3); 1997, c. 16, s. 12. Expense of calling out Canadian Forces (4) If the services of the Canadian Forces are provided under this section, the municipality in whose territory the services are required shall pay all the related expenses. Resignation during emergency prohibited (5) Subject to sections 33 and 34 of the National Defence Act (Canada), while an agreement made under this section is in force, no member of a police force that has jurisdiction in the area to which the agreement relates shall resign without the consent of the chief of police.  R.S.O. 1990, c. P.15, s. 55 (4, 5). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 12 - 01/01/1998 Part V   complaints and Disciplinary Proceedings Public Complaints Made to the Independent Police Review Director
56 (1) For the purposes of this Part, the Independent Police Review Director may,  (a) establish procedural rules for anything related to the powers, duties or functions of the Independent Police Review Director under this Part; (b) establish procedural rules and guidelines for the handling by chiefs of police and boards of complaints made by members of the public under this Part; and (c) provide guidance to assist chiefs of police and boards in the handling of complaints made by members of the public under this Part.  2007, c. 5, s. 10. Publicly available (2) Procedural rules established by the Independent Police Review Director under clause (1) (a) shall be in writing and shall be made available to the public in a readily accessible manner.  2007, c. 5, s. 10. Not a regulation (3) A rule or guideline established by the Independent Police Review Director under subsection (1) is not a regulation within the meaning of Part III of the Legislation Act, 2006.  2007, c. 5, ss. 10, 13 (3). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 62 - 26/11/2002 2007, c. 5, s. 10, 13 (3) - 19/10/2009 CTS 20 AU 14 - 1
57 In addition to his or her other functions under this Act, the Independent Police Review Director may examine and review issues of a systemic nature that are the subject of, or that give rise to, complaints made by members of the public under this Part and may make recommendations respecting such issues to the Solicitor General, the Attorney General, chiefs of police, boards, or any other person or body.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 63 (1-2) - 26/11/2002 2007, c. 5, s. 10 - 19/10/2009 2009, c. 33, Sched. 9, s. 10 (2) - no effect - see 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
58 (1) Any member of the public may make a complaint under this Part to the Independent Police Review Director about, (a) the policies of or services provided by a police force; or (b) the conduct of a police officer.  2007, c. 5, s. 10. Prohibition (2) Despite subsection (1), the following persons cannot make a complaint to the Independent Police Review Director: 1. The Solicitor General. 2. An employee in the office of the Independent Police Review Director. 3. A member or employee of the Commission. 4. A member or auxiliary member of a police force, if that police force or another member of that police force is the subject of the complaint. 5.  Repealed:  2009, c. 33, Sched. 2, s. 60 (1). 6. A member or employee of a board, if the board is responsible for the police force that is, or a member of which is, the subject of the complaint. 7. A person selected by the council of a municipality to advise another municipality’s board under subsection 6.1 (2), if the board is responsible for the police force that is, or a member of which is, the subject of the complaint. 8. A delegate to a community policing advisory committee established under subsection 5.1 (4), if the community policing advisory committee advises the detachment commander of the Ontario Provincial Police detachment that is, or a member of which is, the subject of the complaint.  2007, c. 5, s. 10; 2009, c. 33, Sched. 2, s. 60 (1). Complaint through agent (3) A complainant under subsection (1) may act through an agent in respect of a complaint made under this Part.  2007, c. 5, s. 10. Public education, assistance (4) The Independent Police Review Director shall provide publicly accessible information about the public complaints system under this Part and shall arrange for the provision of assistance to members of the public in making a complaint.  2007, c. 5, s. 10. Interpretation, portion of a complaint (5) This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise.  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. 2, s. 60 (1) - 15/12/2009 CTS 20 AU 14 - 1
58.1 (1) On receipt of a report from a person or body responsible for reviewing complaints about police officers in another province or a territory about a complaint made against an Ontario police officer appointed to act as a police officer in that province or territory, the Solicitor General, a chief of police or a board shall forward the report to the Independent Police Review Director.  2009, c. 30, s. 52. Same (2) On receipt of a report described in subsection (1), either directly from the person or body that prepared the report or from the Solicitor General, a chief of police or a board, the Independent Police Review Director shall deal with the complaint under this Part as if it were made by a member of the public in respect of a police officer’s conduct in Ontario.  2009, c. 30, s. 52. Same (3) In dealing with a complaint as provided by subsection (2), the complainant, for the purposes of this Part, is the person or entity that brought the complaint in the other province or territory and the person or body that prepared the report.  2009, c. 30, s. 52. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 52 - 05/07/2010 CTS 20 AU 14 - 1
59 (1) The Independent Police Review Director shall review every complaint made to him or her by a member of the public under this Part, and shall determine whether the complaint is about the policies of or services provided by a police force or about the conduct of a police officer.  2007, c. 5, s. 10. Independent Police Review Director to refer, retain (2) Subject to section 60, the Independent Police Review Director shall ensure that every complaint reviewed under subsection (1) is referred or retained and dealt with in accordance with section 61.  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
63 (1) The chief of police shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (2) and shall take any action, or no action, in response to the complaint as he or she considers appropriate.  2007, c. 5, s. 10. Disposition (2) The chief of police shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition.  2007, c. 5, s. 10. Extension of time (3) The chief of police may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended.  2007, c. 5, s. 10. Written report (4) The chief of police shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons.  2007, c. 5, s. 10. Request for review by board (5) A complainant may, within 30 days after receiving the notice under subsection (2), request that the board review the complaint by serving a written request to that effect on the board.  2007, c. 5, s. 10. Review by board (6) Upon receiving a written request for a review of a complaint previously dealt with by the chief of police, the board shall, (a) advise the chief of police of the request; (b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and (c) notify the complainant, the chief of police and the Independent Police Review Director in writing of its disposition of the complaint, with reasons.  2007, c. 5, s. 10. Review by committee of board (7) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board, two of whom constitute a quorum for the purpose of this subsection, to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.  2007, c. 5, s. 10. Public meeting (8) In conducting a review under this section, the board or the committee of the board may hold a public meeting respecting the complaint.  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
64 (1) The detachment commander shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (3), and shall take any action, or no action, in response to the complaint as he or she considers appropriate.  2007, c. 5, s. 10. Disposition (2) The detachment commander shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition.  2007, c. 5, s. 10. Extension of time (3) The detachment commander may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended.  2007, c. 5, s. 10. Written report (4) The detachment commander shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons.  2007, c. 5, s. 10. Request for review by board (5) A complainant may, within 30 days after receiving the notice under subsection (2), request that the board review the complaint by serving a written request to that effect on the board.  2007, c. 5, s. 10. Review by board (6) Upon receiving a written request for a review of a complaint previously dealt with by a detachment commander, the board shall, (a) advise the detachment commander of the request; (b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and (c) notify the complainant, the detachment commander and the Independent Police Review Director in writing of its disposition of the complaint, with reasons.  2007, c. 5, s. 10. Review by committee of board (7) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board, two of whom constitute a quorum for the purpose of this subsection, to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.  2007, c. 5, s. 10. Public meeting (8) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint.  2007, c. 5, s. 10. Delegation (9) A detachment commander may delegate any of his or her duties, functions or powers under this section to any police officer who is a member of the detachment.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 64 - 26/11/2002 2006, c. 21, Sched. C, s.130 (1) - 01/05/2007 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
65 (1) The Commissioner shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (4) and shall take any action, or no action, in response to the complaint as he or she considers appropriate.  2007, c. 5, s. 10. Notice to complainant (2) The Commissioner shall notify the complainant and the Independent Police Review Director in writing of his or her disposition of the complaint, with reasons.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 65 - 26/11/2002 2006, c. 21, Sched. C, s.130 (2) - 01/05/2007 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
67 (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (b) to be investigated and the investigation to be reported on in a written report.  2007, c. 5, s. 10. Same (2) The chief of police shall submit the written report to the chief of police of the police force to which the complaint relates, who shall deal with the written report as if it had been submitted to him or her under section 66.  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
68 (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5) (c) to be investigated and the investigation to be reported on in a written report.  2007, c. 5, s. 10. Unsubstantiated complaint (2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the chief of police of the police force to which the complaint relates and the chief of police shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report.  2007, c. 5, s. 10. Matter referred to chief of police (3) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the chief of police of the police force to which the complaint relates.  2007, c. 5, s. 10. Same (4) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the chief of police under subsection (3), shall so indicate.  2007, c. 5, s. 10. Chief of police to hold hearing (5) Subject to subsection (6), the chief of police shall hold a hearing into a matter referred to him or her under subsection (3) by the Independent Police Review Director.  2007, c. 5, s. 10. Informal resolution (6) If on the review of the written report the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing if the police officer and the complainant consent to the proposed resolution.  2007, c. 5, s. 10. Same (7) Subsections 66 (8), (9), (10), (11), (12) and (13) apply, with necessary modifications, in relation to an informal resolution under subsection (6).  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
68.1 (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5.1) (a) to be investigated and the investigation to be reported on in a written report.  2009, c. 30, s. 56. Same (2) The chief of police shall submit the written report to the Independent Police Review Director who shall deal with the written report as if it had been prepared by him or her under section 68.2.  The chief of police may also forward to the Independent Police Review Director any other information related to the complaint, as he or she considers appropriate or as the Independent Police Review Director may request.  2009, c. 30, s. 56. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 56 - 05/07/2010 CTS 20 AU 14 - 1
68.2 (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5.1) (b) to be investigated and the investigation to be reported on in a written report.  2009, c. 30, s. 56. Unsubstantiated complaint (2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, together with a copy of the written report, and the appointing official or local commander shall in turn give the same notification to the police officer who is the subject of the complaint and his or her extra-provincial commander.  2009, c. 30, s. 56. Matter referred to extra-provincial complaints body (3) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80, he or she shall refer the matter, together with a copy of the written report, to the person or body that is responsible for complaints made against the police officer in the province or territory where he or she was employed as a police officer at the time of his or her appointment under the Interprovincial Policing Act, 2009
and shall notify the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, that the matter has been so referred, together with a copy of the written report.  The Independent Police Review Director may also forward to the person or body that is responsible for complaints against the police officer any other information related to the complaint, as he or she considers appropriate.  2009, c. 30, s. 56. Same (4) On receipt of the notice under subsection (3), the appointing official or local commander shall in turn notify the police officer who is the subject of the complaint and his or her extra-provincial commander that the matter has been referred, together with the written report.  2009, c. 30, s. 56. Same (5) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct that is not of a serious nature, he or she shall forward that opinion in referring the matter to the person or body in the other province or territory under subsection (3).  2009, c. 30, s. 56. Section Amendments with date in force (d/m/y) 2009, c. 30, s. 56 - 05/07/2010 CTS 20 AU 14 - 1
70 The Solicitor General shall deal with all complaints referred to him or her by the Independent Police Review Director under subsection 61 (9) as he or she sees fit and there is no appeal from a decision or action taken by the Solicitor General under this section.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 67 - 26/11/2002 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
71 (1) If a complainant has been notified under subsection 66 (2) that his or her complaint is unsubstantiated or under subsection 66 (5) that the conduct he or she complained of has been determined to be not of a serious nature, the complainant may, within 30 days of such notification, ask the Independent Police Review Director to review the decision.  2007, c. 5, s. 10. Review by Independent Police Review Director (2) Upon receiving a request to review under subsection (1), the Independent Police Review Director shall review the decision, taking into account any material provided by the complainant or the chief of police, and shall endeavour to complete its review within 30 days of receiving the request, but the Independent Police Review Director shall not hold a hearing into the matter.  2007, c. 5, s. 10. Powers of Independent Police Review Director on review (3) Upon completion of the review of a decision, the Independent Police Review Director may, (a) confirm the decision; (b) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies; (c) assign the 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; (d) take over the investigation of the complaint; or (e) take or require to be taken any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances.  2007, c. 5, s. 10. Costs (4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (3) (c), the police force to which the complaint relates shall pay the costs of the investigation or hearing incurred by the police force to which the matter is assigned.  2007, c. 5, s. 10. Notice (5) The Independent Police Review Director shall notify the complainant, the chief of police and the police officer who is the subject of the complaint of its decision and the action taken by him or her under subsection (3).  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 68 - 26/11/2002 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1
72 (1) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a police officer other than a chief of police or deputy chief of police, at any time after the complaint is referred to a chief of police under clause 61 (5) (a) or (b) and before a hearing under subsection 66 (3) or 68 (5) in respect of the complaint is commenced,  (a) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies; (b) assign the investigation of the complaint or the conduct of a hearing in respect of the complaint to the chief of police of a police force other than the police force to which the complaint relates; (c) take over the investigation of the complaint; or (d) take or require to be taken by the chief of police any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances.  2007, c. 5, s. 10. Same (2) The powers of the Independent Police Review Director described under subsection (1) are in addition to any other powers of the Independent Police Review Director under this Act, including but not limited to those set out in subsection 61 (7).  2007, c. 5, s. 10. Same (3) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a chief of police or deputy chief of police, at any time after the complaint is referred to a board under subsection 61 (8) and before a hearing under subsection 69 (8) in respect of the complaint is commenced, (a) direct the board to deal with the complaint as he or she specifies; (b) assign the conduct of a hearing in respect of a complaint to the Commission; or (c) take or require to be taken by the board any other action with respect to the complaint that he or she considers necessary in the circumstances.  2007, c. 5, s. 10. Costs (4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (1) (b), the police force to which the complaint relates shall pay the costs of the 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 CTS 20 AU 14 - 1
73 (1) If the Independent Police Review Director directs under subsection 61 (7) or clause 71 (3) (b), 72 (1) (a) or (3) (a) 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. Same (2) If the Independent Police Review Director requires under clause 71 (3) (e), 72 (1) (d) or (3) (c) that a chief of police or board take an action with respect to a complaint, the chief of police or board, as the case may be, shall promptly cause such action to be taken.  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 Withdrawal of Public Complaints