83 (1) A hearing held under subsection 66 (3), 68 (5), 69 (8), 76 (9) or 77 (7) shall be conducted in accordance with the Statutory Powers Procedure Act.  2007, c. 5, s. 10. Application of this section (2) Subsections (3), (4), (5), (6), (11), (12), (13), (14), (15) and (16) apply to any hearing held under this Part.  2007, c. 5, s. 10. Parties (3) The parties to the hearing are the prosecutor, the police officer who is the subject of the hearing and, if the complaint was made by a member of the public, the complainant.  2007, c. 5, s. 10. Notice and right to representation (4) The parties to the hearing shall be given reasonable notice of the hearing, and each party may be represented by a person authorized under the Law Society Act to represent the party.  2007, c. 5, s. 13 (6). Examination of evidence (5) Before the hearing, the police officer and the complainant, if any, shall each be given an opportunity to examine any physical or documentary evidence that will be produced or any report whose contents will be given in evidence.  2007, c. 5, s. 10. Police officer not required to give evidence (6) The police officer who is the subject of the hearing shall not be required to give evidence at the hearing.  2007, c. 5, s. 10. Non-compellability (7) No person shall be required to testify in a civil proceeding with regard to information obtained in the course of his or her duties under this Part, except at a hearing held under this Part.  2007, c. 5, s. 10. Inadmissibility of documents (8) No document prepared as the result of a complaint made under this Part is admissible in a civil proceeding, except at a hearing held under this Part.  2007, c. 5, s. 10. Inadmissibility of statements (9) No statement made during an attempt at informal resolution of a complaint under this Part is admissible in a civil proceeding, including a proceeding under subsection 66 (10), 69 (12), 76 (12) or 77 (9), or a hearing under this Part, except with the consent of the person who made the statement.  2007, c. 5, s. 10. Recording of evidence (10) The oral evidence given at the hearing shall be recorded and copies of transcripts shall be provided on the same terms as in the Superior Court of Justice.  2007, c. 5, s. 10. Release of exhibits (11) Within a reasonable time after the matter has been finally determined, documents and things put in evidence at the hearing shall, on request, be released to the person who produced them.  2007, c. 5, s. 10. No communication without notice (12) Subject to subsection (13), the person conducting the hearing shall not communicate directly or indirectly in relation to the subject matter of the hearing with any person, unless the parties receive notice and have an opportunity to participate.  2007, c. 5, ss. 10, 13 (7). Exception (13) The person conducting the hearing may seek legal advice from an advisor independent of the parties, and in that case the nature of the advice shall be communicated to them so that they may make submissions as to the law.  2007, c. 5, s. 10. If Crown Attorney consulted (14) If a Crown Attorney has been consulted, the person conducting the hearing may proceed to deal with the part of the complaint that, in his or her opinion, constitutes misconduct as defined in section 80 or unsatisfactory work performance, unless the Crown Attorney directs otherwise.  2007, c. 5, s. 10. Hearing to continue (15) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.  2007, c. 5, s. 10. Photography at hearing (16) Subsections 136 (1), (2) and (3) of the Courts of Justice Act (photography at court hearing) apply with necessary modifications to the hearing and a person who contravenes subsection 136 (1), (2) or (3) of the Courts of Justice Act, as it is made to apply by this subsection, is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  2007, c. 5, s. 10. Same (16.1) Subsection (16) applies instead of section 29 of the Statutory Powers Procedure Act. 2021, c. 25, Sched. 27, s. 4. Six-month limitation period, exception (17) If six months have elapsed since the day described in subsection (18), no notice of hearing shall be served unless the board, in the case of a municipal police officer, or the Commissioner, in the case of a member of the Ontario Provincial Police, is of the opinion that it was reasonable, under the circumstances, to delay serving the notice of hearing.  2007, c. 5, s. 10. Same (18) The day referred to in subsection (17) is, (a) in the case of a hearing in respect of a complaint made under this Part by a member of the public about the conduct of a police officer other than a chief of police or deputy chief of police, (i) the day on which the chief of police received the complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (a) or (b), or (ii) the day on which the complaint was retained by the Independent Police Review Director under clause 61 (5) (c); (b) in the case of a hearing in respect of a complaint made under this Part by a member of the public about the conduct of a chief of police or deputy chief of police, the day on which the board received the complaint referred to it by the Independent Police Review Director under subsection 61 (8); or (c) in the case of a hearing in respect of a complaint made under this Part by a chief of police or board, the day on which the facts on which the complaint is based first came to the attention of the chief of police or board, as the case may be.  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10, 13 (6, 7) - 19/10/2009 CTS 20 AU 14 - 1 2021, c. 25, Sched. 27, s. 4 - 03/06/2021