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Police Services Act (Ontario Legislation)

Police Services Act

R.S.O. 1990, CHAPTER P.15

Declaration of principles

1. Police services shall be provided throughout Ontario in accordance with the following principles:

R.S.O. 1990, c. P.15, s. 1.

PART V: COMPLAINTS

Making a complaint

56. (1) Any member of the public may make a complaint under this Part about the policies of or services provided by a police force or about the conduct of a police officer. 1997, c. 8, s. 35.

(2) Repealed: 2002, c. 18, Sched. N, s. 62.

Withdrawal of complaint

(3) A complainant may withdraw his or her complaint at any time, but if the chief of police or board has begun to hold a hearing in respect of a complaint, the complaint shall not be withdrawn without the consent of the chief of police or board, as the case may be. 1997, c. 8, s. 35.

Notice of withdrawal

(4) If a complaint is withdrawn, the chief of police or board shall notify the police officer who is the subject of the complaint, if any, of the fact within 30 days after the withdrawal. 1997, c. 8, s. 35.

Same

(5) The chief of police or board may continue to deal with a complaint after the complaint is withdrawn, if the chief of police or board, as the case may be, considers it appropriate to do so. 1997, c. 8, s. 35.

Notice

(6) If the chief of police or board continues to deal with a complaint after the complainant has asked that it be withdrawn, the chief of police or board shall notify the police officer who is the subject of the complaint, if any, within 30 days of deciding to continue. 1997, c. 8, s. 35.

Notice to police officer

(7) Where a complaint is about the conduct of a police officer, the chief of police shall forthwith give the police officer notice of the substance of the complaint unless, in the chief of police's opinion, to do so might prejudice the investigation. 1997, c. 8, s. 35.

Interpretation _ portion of a complaint

(8) This Part applies to a portion of a complaint as if it were a complaint. 1997, c. 8, s. 35.

Public complaints

57. (1) A complaint may be made by a member of the public only if the complainant was directly affected by the policy, service or conduct that is the subject of the complaint. 1997, c. 8, s. 35.

Same, where person affected is a minor

(1.1) If the person directly affected by the policy, service or conduct is a minor, the parent or guardian of the minor may bring a complaint on the minor's behalf and, for that purpose, the parent or guardian shall be deemed to be directly affected by the policy, service or conduct. 2002, c. 18, Sched. N, s. 63 (1).

Same, procedure for making

(2) A complaint made by a member of the public must be in writing, signed by the complainant and delivered to any station or detachment of the police force to which the complaint relates or to the Commission, personally by the complainant or his or her agent, by mail or by telephone transmission of a facsimile. 1997, c. 8, s. 35.

Form may be used

(3) If a complainant wants to make his or her complaint on a standard form, he or she may use a form approved for the purpose by the Commission; the approved form shall be available in every police station and detachment and in the Commission's offices. 1997, c. 8, s. 35.

Same, withdrawal

(4) A withdrawal of a complaint by the member of the public who made the complaint must be in writing, signed by the complainant and delivered to any station or detachment of the police force to which the complaint relates or to the Commission, personally by the complainant or his or her agent, by mail or by telephone transmission of a facsimile. 1997, c. 8, s. 35.

Commission to send complaint to police force

(5) If a complaint is made or withdrawn by delivering it to the Commission, the Commission shall forthwith send the complaint or withdrawal, or a copy of it, to the chief of police of the police force to which the complaint relates. 1997, c. 8, s. 35.

When complaint is made

(6) For the purposes of this Part, a complaint is made,

Definition, member of the public

(7) For the purposes of this Part, a member of the public does not include,

1997, c. 8, s. 35; 2002, c. 18, Sched. N, s. 63 (2).

Informal complaint resolution

58. (1) If, at any time before or during an investigation into a complaint about the conduct of a police officer, the conduct appears to be obviously conduct that is not of a serious nature, the chief of police may resolve the matter informally, if the police officer and the complainant consent to the proposed resolution.

Same

(2) If, at any time before or during an investigation into a complaint about the conduct of a chief of police or deputy chief of police, the conduct appears to be obviously conduct that is not of a serious nature, the board may resolve the matter informally, if the chief of police or deputy chief of police and the complainant consent to the proposed resolution.

Inadmissibility of statements

(3) No statement made during an attempt at informal resolution of a complaint under this section is admissible in a civil proceeding, including a proceeding under subsection 64 (15) or 65 (17) or a hearing held under this Part, except with the consent of the person who made the statement.

Non-application of this Part

(4) No other provisions of this Part apply in respect of an informal resolution under subsection (1) or (2). 1997, c. 8, s. 35.

Role of chief, vetting complaints

59. (1) The chief of police shall determine whether a complaint is about the policies of or services provided by the police force or the conduct of a police officer and shall ensure that every complaint is appropriately dealt with as provided by section 60.

Notice re nature of complaint

(2) The chief of police shall notify the complainant in writing of his or her determination that the complaint is about the policies of or services provided by the police force or is about the conduct of a police officer and of the complainant's right to ask the Commission to review the determination within 30 days of receiving the notice.

Frivolous, vexatious, bad faith complaints

(3) The chief of police may decide not to deal with any complaint about the police force or about a police officer, other than the chief of police or deputy chief of police, that he or she considers to be frivolous or vexatious or made in bad faith.

Complaint more than six months old

(4) The chief of police may decide not to deal with any complaint made by a member of the public if the complaint is made more than six months after the facts on which it is based occurred.

Complainant not directly affected

(5) The chief of police shall not deal with any complaint made by a member of the public if he or she decides that the complainant was not directly affected by the policy, service or conduct that is the subject of the complaint.

Notice

(6) If the chief of police decides not to deal with a complaint under subsection (3), (4) or (5), he or she shall notify the complainant and the police officer who is the subject of the complaint, if any, in writing, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Time limit

(7) The chief of police shall notify the complainant under subsection (2) or (6) within 30 days after the complaint was made unless the chief of police notifies the complainant in writing before the expiry of the 30-day period that he or she is extending the 30-day period.

Same

(8) Subject to subsections (3), (4) and (5), the chief of police shall ensure that a review under section 61 is begun into every complaint made about the policies of or services provided by the police force, and that an investigation under section 64 is begun into every complaint made about the conduct of a police officer, immediately upon the later of,

Same

(9) Despite subsection (8), if the complainant notifies the chief of police in writing that he or she will not ask the Commission to conduct a review under section 72, the chief of police shall ensure that the review or investigation, as the case may be, is begun immediately after receiving such notification from the complainant. 1997, c. 8, s. 35.

Referral of complaints to appropriate authorities

Complaints about municipal force referred to chief

60. (1) All complaints about the policies of or services provided by a municipal police force shall be referred to the chief of police and dealt with under section 61.

Complaints about local O.P.P. policies referred to detachment commander

(2) All complaints about the local policies, established under clause 10 (9) (c), of an Ontario Provincial Police detachment shall be referred to the detachment commander and dealt with under section 62.

Complaints about provincial O.P.P. policies referred to Commissioner

(3) All complaints about the provincial policies of the Ontario Provincial Police shall be referred to the Commissioner and dealt with under section 63.

Complaints about officer referred to chief

(4) All complaints about the conduct of a police officer, other than a chief of police or deputy chief of police, shall be referred to the chief of police and dealt with under section 64.

Complaints about chief, deputy chief referred to board

(5) All complaints about the conduct of a municipal chief of police or a municipal deputy chief of police shall be referred to the board and dealt with under section 65.

Complaints about Commissioner, deputy Commissioner referred to Solicitor General

(6) All complaints about the conduct of the Commissioner or a deputy Commissioner shall be referred to the Solicitor General and dealt with under section 66. 1997, c. 8, s. 35.

Complaints about municipal force, review by chief and board

61. (1) Subject to subsections 59 (3), (4) and (5), the chief of police shall review every complaint that is made about the policies of or services provided by a municipal police force and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Report to board on disposition

(2) The chief of police shall submit a written report to the board, as may be requested by the board, respecting every complaint about the policies of or services provided by the police force, including a complaint disposed of under subsection 59 (3), (4) or (5), and his or her disposition of the complaint.

Notice to complainant

(3) The chief of police shall notify the complainant, in writing, of his or her disposition of the complaint and of the complainant's right to request that the board review the complaint if the complainant is not satisfied with the disposition, and the chief of police shall do so within 60 days after the later of,

If no action taken

(4) If the chief of police decides to take no action with respect to the complaint, he or she shall provide the complainant with reasons for the decision.

Extension of time

(5) The chief of police may extend the 60-day period set out in subsection (3) by notifying the complainant in writing of the extension before the expiry of the period being extended.

Deemed disposition

(6) If the chief of police has not notified the complainant of his or her disposition of the complaint within the 60-day period required by subsection (3) or within the extended period established under subsection (5), the chief of police shall be deemed to have taken no action in response to the complaint and shall be deemed to have so notified the complainant.

Request for review by board

(7) A complainant may, within 30 days after receiving the notice under subsection (3) or the deemed notice under subsection (6), request that the board review the complaint by serving a written request to that effect on the board.

Board to review and dispose of complaint

(8) Upon receiving a written request for a review of a complaint previously dealt with by the chief of police, the board shall,

Committee of board may review and report to board

(9) 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.

Public meeting

(10) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint. 1997, c. 8, s. 35.

Complaints re local O.P.P. policies, review by detachment commander and board

62. (1) The detachment commander shall review every complaint that is made about the local policies, established under clause 10 (9) (c), of the Ontario Provincial Police detachment that is providing police services pursuant to an agreement entered into under section 10 and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Frivolous, vexatious, bad faith complaints

(2) The detachment commander may decide not to deal with any complaint described in subsection (1) that he or she considers to be frivolous or vexatious or made in bad faith.

Complaint more than six months old

(3) The detachment commander may decide not to deal with any complaint described in subsection (1) if the complaint is made more than six months after the facts on which it is based occurred.

Complainant not directly affected

(4) The detachment commander shall not deal with any complaint described in subsection (1) if he or she decides that the complainant was not directly affected by the policy that is the subject of the complaint.

Notice to complainant re decision not to deal with complaint

(5) If the detachment commander decides not to deal with a complaint under subsection (2), (3) or (4), he or she shall notify the complainant, in writing, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice.

Report to board on disposition

(6) The detachment commander shall submit a written report to the board, as may be requested by the board, respecting every complaint about the local policies of the detachment, including a complaint disposed of under subsection (2), (3) or (4), and his or her disposition of the complaint.

Notice to complainant

(7) The detachment commander shall notify the complainant, in writing, of his or her disposition of the complaint and of the complainant's right to request that the board review the complaint if the complainant is not satisfied with the disposition, and the detachment commander shall do so within 60 days after the later of,

If no action taken

(8) If the detachment commander decides to take no action with respect to the complaint, he or she shall provide the complainant with reasons for the decision.

Extension of time

(9) The detachment commander may extend the 60-day period set out in subsection (7) by notifying the complainant in writing of the extension before the expiry of the period being extended.

Deemed disposition

(10) If the detachment commander has not notified the complainant of his or her disposition of the complaint within the 60-day period required by subsection (7) or within the extended period established under subsection (9), the detachment commander shall be deemed to have taken no action in response to the complaint and shall be deemed to have so notified the complainant.

Request for review by board

(11) A complainant may, within 30 days after receiving the notice under subsection (7) or the deemed notice under subsection (10), request that the board review the complaint by serving a written request to that effect on the board.

Board to review and dispose of complaint

(12) Upon receiving a written request for a review of a complaint previously dealt with by a detachment commander, the board shall,

Committee of board may review and report to board

(13) 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.

Public meeting

(14) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint.

Delegation

(15) 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. 1997, c. 8, s. 35.

Complaints re provincial O.P.P. policies, Commissioner to review

63. (1) Subject to subsections 59 (3), (4) and (5), the Commissioner shall review every complaint that is made about the provincial policies of the Ontario Provincial Police or about the services provided by the Ontario Provincial Police, other than services provided pursuant to an agreement under section 10, and shall take any action, or no action, in response to the complaint as he or she considers appropriate.

Notice to complainant

(2) The Commissioner shall notify the complainant in writing of his or her disposition of the complaint.

If no action taken

(3) If the Commissioner decides to take no action with respect to the complaint, he or she shall provide the complainant with reasons for the decision. 1997, c. 8, s. 35.

Complaints about police officer's conduct

64. (1) Subject to subsections 59 (3), (4) and (5), the chief of police shall cause every complaint made about the conduct of a police officer, other than the chief of police or deputy chief of police, to be investigated and the investigation to be reported on in a written report. 1997, c. 8, s. 35.

Complaints by chief

(1.1) The chief of police may, of his or her own motion, make a complaint about the conduct of a police officer on his or her police force, other than the deputy chief of police, and shall cause such complaint to be investigated and the investigation to be reported on in a written report. 2002, c. 18, Sched. N, s. 64.

Same

(1.2) Except for those provisions or parts of provisions respecting complainants, this Part applies to a complaint made under subsection (1.1). 2002, c. 18, Sched. N, s. 64.

Investigation assigned to another police force

(2) A municipal chief of police may, with the approval of the board and on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the police force in respect of which the complaint is made. 1997, c. 8, s. 35.

Same, re O.P.P. officer

(3) In the case of a complaint about the conduct of a police officer who is a member of the Ontario Provincial Police, the Commissioner may, on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the Ontario Provincial Police. 1997, c. 8, s. 35.

Same, more than one force involved

(4) If the complaint is about an incident that involved the conduct of two or more police officers who are members of different police forces, the chiefs of police whose police officers are the subjects of the complaint shall agree on which police force (which may be one of the police forces whose police officer is a subject of the complaint or another police force) is to investigate the complaint and report, in writing, back to the other chief or chiefs of police and how the cost of the investigation is to be shared. 1997, c. 8, s. 35.

Same

(5) If the chiefs of police cannot agree under subsection (4), the Commission shall decide how the cost of the investigation is to be shared and,

Unsubstantiated complaint

(6) If, at the conclusion of the investigation and on review of the written report submitted to him or her, the chief of police is of the opinion that the complaint is unsubstantiated, 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, together with a copy of the written report, of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice. 1997, c. 8, s. 35.

Hearing to be held

(7) Subject to subsection (11), if, at the conclusion of the investigation and on review of the written report submitted to him or her, the chief of police is of the opinion that the police officer's conduct may constitute misconduct, as defined in section 74, or unsatisfactory work performance, he or she shall hold a hearing into the matter. 1997, c. 8, s. 35.

Prosecutor at hearing

(8) The chief of police shall designate to be the prosecutor at the hearing,

Same

(9) A police officer from another police force may be the prosecutor at the hearing only with the approval of his or her chief of police. 1997, c. 8, s. 35.

Findings and disposition after hearing

(10) At the conclusion of the hearing, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the chief of police shall take any action described in section 68. 1997, c. 8, s. 35.

Informal resolution if conduct not serious

(11) If, at the conclusion of the investigation and on review of the written report submitted to him or her, 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. 1997, c. 8, s. 35.

Notice to complainant

(12) Before resolving the matter informally, the chief of police shall notify the complainant and the police officer, in writing, of his or her opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may ask the Commission to review this decision within 30 days of receiving such notification. 1997, c. 8, s. 35.

No informal resolution until after Commission's review

(13) The chief of police shall take no action to resolve the matter informally until,

Same

(14) Despite subsection (13), if the complainant notifies the chief of police in writing that he or she will not ask the Commission to conduct a review under section 72, the chief of police shall take action to resolve the matter informally immediately after receiving such notification from the complainant. 1997, c. 8, s. 35.

Disposition without a hearing if informal resolution fails

(15) If an informal resolution of the matter is attempted but not achieved under subsection (11), the following rules apply:

Employment record expunged

(16) An entry made in the police officer's employment record under paragraph 2 of subsection

(15) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 1997, c. 8, s. 35.

Agreement

(17) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (7). 1997, c. 8, s. 35.

Complaints about chief's, deputy chief's conduct

65. (1) The board shall review every complaint made about the conduct of the municipal chief of police or a municipal deputy chief of police and shall ensure that it begins the review immediately upon the later of,

Complaints by board

(1.1) The board may, of its own motion, make a complaint about the conduct of the chief of police or deputy chief of police and shall review such complaint. 2002, c. 18, Sched. N, s. 65.

Same

(1.2) Except for those provisions or parts of provisions respecting complainants, this Part applies to a complaint made under subsection (1.1). 2002, c. 18, Sched. N, s. 65.

Same

(2) Despite subsection (1), if the complainant notifies the board in writing that he or she will not ask the Commission to conduct a review under section 72 with respect to a notice under subsection 59 (2), the board shall ensure that it begins the review immediately after receiving such notification from the complainant. 1997, c. 8, s. 35.

Frivolous, vexatious, bad faith complaints

(3) The board may decide not to deal with any complaint that it considers to be frivolous or vexatious or made in bad faith and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice. 1997, c. 8, s. 35.

Complaint more than six months old

(4) The board may decide not to deal with any complaint that was made more than six months after the facts on which it is based occurred and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice. 1997, c. 8, s. 35.

Complainant not directly affected

(5) The board shall not deal with any complaint made by a member of the public if the board decides that the complainant was not directly affected by the conduct that is the subject of the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice. 1997, c. 8, s. 35.

Investigation assigned to another police force

(6) If, at the conclusion of the review, the board is of the opinion that the chief of police's or deputy chief of police's conduct may constitute an offence under a law of Canada or of a province or territory, or misconduct, as defined in section 74, or unsatisfactory work performance, the board shall ask the Commission to assign the chief of police of another police force to cause the complaint to be investigated immediately and the investigation to be reported on in a written report. 1997, c. 8, s. 35.

Matter referred to board

(7) If, at the conclusion of the investigation carried out by another police force, the chief of police of the other police force is of the opinion that the conduct of the chief of police or deputy chief of police under investigation may constitute misconduct, as defined in section 74, or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board. 1997, c. 8, s. 35.

Unsubstantiated complaint

(8) If, at the conclusion of the investigation carried out by another police force, the chief of police of the other police force is of the opinion that the complaint is unsubstantiated, the chief of police shall report that in writing to the board and the board 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, together with a copy of the written report, of the decision, and of the complainant's right to ask the Commission to review the decision within 30 days of receiving the notice. 1997, c. 8, s. 35.

Board or Commission to hold hearing

(9) Subject to subsection (13), the board shall hold a hearing into a matter referred to it under subsection (7) or may refer the matter to the Commission to hold the hearing. 1997, c. 8, s. 35.

Prosecutor at hearing

(10) The board or Commission, as the case may be, shall designate a legal counsel or agent to be the prosecutor at the hearing. 1997, c. 8, s. 35.

Board pays for prosecutor

(11) The board shall pay the prosecutor's remuneration, whether the prosecutor has been designated by the board or by the Commission. 1997, c. 8, s. 35.

Findings and disposition after hearing

(12) At the conclusion of a hearing by the board, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the board shall take any action described in section 68; at the conclusion of a hearing by the Commission, if misconduct or unsatisfactory work performance is proved on clear and convincing evidence, the Commission shall direct the board to take any action, as specified by the Commission, under section 68 and the board shall take such action. 1997, c. 8, s. 35.

Informal resolution if conduct not serious

(13) If the board is of the opinion, on a review of the written report, that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police and the complainant consent to the proposed resolution. 1997, c. 8, s. 35.

Notice to complainant

(14) Before resolving the matter informally, the board shall notify the complainant, in writing, of its opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may ask the Commission to review this decision within 30 days of receiving such notification. 1997, c. 8, s. 35.

No informal resolution until after Commission's review

(15) The board shall take no action to resolve the matter informally until,

Same

(16) Despite subsection (15), if the complainant notifies the board in writing that he or she will not ask the Commission to conduct a review under section 72, the board shall take action to resolve the matter informally immediately after receiving such notification from the complainant. 1997, c. 8, s. 35.

Disposition without a hearing if informal resolution fails

(17) If an informal resolution of the matter is attempted but not achieved under subsection (13), the following rules apply:

Employment record expunged

(18) An entry made in the chief of police's or deputy chief of police's employment record under paragraph 2 of subsection (17) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 1997, c. 8, s. 35.

Agreement

(19) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (9). 1997, c. 8, s. 35.

Complaints about Commissioner's, deputy Commissioner's conduct

66. The Solicitor General shall deal with all complaints about the conduct of the Commissioner or a deputy Commissioner as he or she sees fit and there is no appeal from a decision or action taken by the Solicitor General under this section. 1997, c. 8, s. 35.

Suspension

67. (1) If a police officer, other than a chief of police or deputy chief of police, is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 74, the chief of police may suspend him or her from duty with pay.

Same

(2) If a chief of police or deputy chief of police is suspected of or charged with an offence under a law of Canada or of a province or territory or is suspected of misconduct as defined in section 74, the board may suspend him or her from duty with pay.

Revocation and reimposition of suspension

(3) The chief of police or board may revoke the suspension and later reimpose it, repeatedly if necessary, as the chief of police or board, as the case may be, considers appropriate.

Duration of suspension

(4) Unless the chief of police or board revokes the suspension, it shall continue until the final disposition of the proceeding in which the chief of police's, deputy chief of police's or other police officer's conduct is at issue.

Conditions of suspension

(5) While suspended, the chief of police, deputy chief of police or other police officer shall not exercise any of the powers vested in him or her as a chief of police, deputy chief of police or police officer, or wear or use clothing or equipment that was issued to him or her in that capacity.

Suspension without pay

(6) If a chief of police, deputy chief of police or other police officer is convicted of an offence and sentenced to a term of imprisonment, the chief of police or board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.

Earnings from other employment

(7) If a chief of police, deputy chief of police or other police officer is suspended with pay, the pay for the period of suspension shall be reduced by the amount that he or she earns from other employment during that period.

Exception

(8) Subsection (7) does not apply to earnings from other employment that was commenced before the period of suspension. 1997, c. 8, s. 35.

Powers of chief and board

Powers of chief of police, subs. 64 (10)

68. (1) The chief of police may, under subsection 64 (10),

Powers of board, subs. 65 (12)

(2) The board may, under subsection 65 (12),

Calculation of penalties

(3) Penalties imposed under clauses (1) (d), (e) and (f) and (2) (d), (e) and (f) shall be calculated in terms of days if the chief of police, deputy chief of police or other police officer normally works eight hours a day or less and in terms of hours if he or she normally works more than eight hours a day.

Same

(4) If a penalty is imposed under clause (1) (e) or (2) (e), the chief of police, deputy chief of police or police officer, as the case may be, may elect to satisfy the penalty by working without pay or by applying the penalty to his or her vacation, overtime or sick leave credits or entitlements.

Additional powers

(5) In addition to or instead of a penalty described in subsection (1) or (2), the board or chief of police, as the case may be, may,

Notice needed for dismissal or demotion

(6) The chief of police or board, as the case may be, shall not impose the penalties of dismissal or demotion unless the notice of hearing or a subsequent notice served on the chief of police, deputy chief of police or other police officer indicated that they might be imposed if the complaint were proved on clear and convincing evidence.

Notice of any action taken

(7) The chief of police or board, as the case may be, shall promptly give written notice of the action taken under subsection (1), (2) or (5) with reasons, to the chief of police, deputy chief of police or other police officer who is the subject of the complaint and, in the case of an action taken by a municipal chief of police, to the board.

Same

(8) If the action was taken as a result of a complaint made by a member of the public, the chief of police or board, as the case may be, shall also give written notice of the action taken, with reasons, to the complainant.

Police officer's employment record

(9) The chief of police or board, as the case may be, may cause an entry concerning the matter, the action taken and the reply of the chief of police, deputy chief of police or other police officer against whom the action is taken, to be made in his or her employment record, but no reference to the allegations of the complaint or the hearing shall be made in the employment record, and the matter shall not be taken into account for any purpose relating to his or her employment unless,

Misconduct

74. (1) A police officer is guilty of misconduct if he or she,

Off-duty conduct

(2) A police officer shall not be found guilty of misconduct if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force. 1997, c. 8, s. 35.

Inducing misconduct and withholding services

Inducing misconduct

75. (1) No person, including a member of a police force, shall,

Withholding services

(2) No member of a police force shall withhold his or her services.

Offence

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.

Consent of Solicitor General

(4) No prosecution shall be instituted under this section without the consent of the Solicitor General. 1997, c. 8, s. 35.

Delegation of chief's powers and duties

76. (1) A chief of police may authorize a police officer or a former police officer of the rank of inspector or higher or a judge or former judge who has retired from office to conduct a hearing under subsection 64 (7) or to act under subsection 64 (11) or (15). 2002, c. 18, Sched. N, s. 69.

Same

(2) A chief of police may authorize any member of any police force to exercise a power or perform a duty of the chief of police under this Part, other than those described in subsection (1). 1997, c. 8, s. 35.

Officer from another force

(3) If a chief of police authorizes a police officer from another police force, of the rank of inspector or higher, to conduct a hearing under subsection 64 (7), that police officer may do so only with the approval of his or her chief of police. 1997, c. 8, s. 35.

Notice

77. (1) Where a notice is required to be given to or served on a person, board or the Commission under this Part, it may be served personally, by regular letter mail, by electronic transmission, by telephone transmission of a facsimile, or by some other method that allows proof of receipt.

Deemed receipt

(2) Service by regular letter mail shall be deemed to be received by the person, board or Commission on the fifth day after it is mailed unless the person, board or Commission establishes that the person, board or Commission did not, acting in good faith, through absence, accident, illness or other cause beyond the person's, board's or Commission's control, receive the notice on that day.

Same

(3) Service by electronic transmission or by telephone transmission of a facsimile shall be deemed to be received by the person, board or Commission on the day after it is sent or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday, unless the person, board or Commission establishes that the person, board or Commission did not, acting in good faith, through absence, accident, illness or other cause beyond the person's, board's or Commission's control, receive the notice on that day. 1997, c. 8, s. 35.

Ombudsman Act not to apply

78. The Ombudsman Act does not apply to anything done under this Part. 1997, c. 8, s. 35.

Transition, discipline and complaints

Disciplinary proceedings

79. (1) Disciplinary proceedings commenced before the coming into force of this section under Part V of the Act, as it then read, may continue to be dealt with in accordance with Part V, as it read immediately before the coming into force of this section, until January 1, 1998.

Complaints

(2) Public complaints made before the coming into force of this section under Part VI of the Act, as it then read, may continue to be dealt with in accordance with Part VI, as it read immediately before its repeal, until January 1, 1998.

Parties may elect to proceed under new Part V

(3) If the parties to a disciplinary proceeding or public complaint described in subsection (1) or (2) agree, they may, before January 1, 1998, deal with the outstanding disciplinary proceeding or public complaint under Part V.

Proceed under new Part V from January 1, 1998

(4) As of January 1, 1998, all outstanding disciplinary matters that commenced before the coming into force of this section and all proceedings with respect to public complaints that were made before the coming into force of this section shall be taken up and continued under Part V so far as consistently may be.

Saving

(5) Despite subsection (4), a hearing that commenced but is not concluded before January 1, 1998 under Part V or VI of the Act, as it read immediately before its repeal by section 35 of the Police Services Amendment Act, 1997, may proceed to its conclusion after January 1, 1998 and Part V or VI of the Act, as the case may be, as it read immediately before its repeal, continues to apply to the hearing and to the powers of the chief of police, board, Commission or board of inquiry at the conclusion of the hearing.

Same

(6) Despite subsection (4), an appeal made before January 1, 1998 to Divisional Court under section 98 of the Act, as it read immediately before its repeal, may proceed to its conclusion after January 1, 1998 as if section 98 of the Act had not been repealed. 1997, c. 8, s. 35.

Confidentiality, exceptions

80. Every person engaged in the administration of this Part shall preserve secrecy with respect to all information obtained in the course of his or her duties under this Part and shall not communicate such information to any other person except,

PART VI (ss. 80-112) Repealed: 1997, c. 8, s. 35.

PART VII

SPECIAL INVESTIGATIONS

Special investigations unit

113. (1) There shall be a special investigations unit of the Ministry of the Solicitor General.

Composition

(2) The unit shall consist of a director appointed by the Lieutenant Governor in Council on the recommendation of the Solicitor General and investigators appointed under the Public Service Act.

Idem

(3) A person who is a police officer or former police officer shall not be appointed as director, and persons who are police officers shall not be appointed as investigators.

Peace officers

(4) The director and investigators are peace officers.

Investigations

(5) The director may, on his or her own initiative, and shall, at the request of the Solicitor General or Attorney General, cause investigations to be conducted into the circumstances of serious injuries and deaths that may have resulted from criminal offences committed by police officers.

Restriction

(6) An investigator shall not participate in an investigation that relates to members of a police force of which he or she was a member.

Charges

(7) If there are reasonable grounds to do so in his or her opinion, the director shall cause informations to be laid against police officers in connection with the matters investigated and shall refer them to the Crown Attorney for prosecution.

Report

(8) The director shall report the results of investigations to the Attorney General.

Co-operation of police forces

(9) Members of police forces shall co-operate fully with the members of the unit in the conduct of investigations. R.S.O. 1990, c. P.15, s. 113.