O. Reg. 129/24: GENERAL

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ontario regulation 129/24

made under the

Interprovincial Policing Act, 2009

Made: March 25, 2024
Filed: March 25, 2024
Published on e-Laws: March 26, 2024
Published in The Ontario Gazette: April 13, 2024

Amending O. Reg. 273/10

(GENERAL)

1. Ontario Regulation 273/10 is amended by striking out “police force” wherever it appears and substituting in each case “police service”.

2. The Regulation is amended by striking out “police services board” wherever it appears and substituting in each case “police service board”.

3. (1) Clause 2 (l) of the Regulation is revoked and the following substituted:

(l)  a statement whether the officer is aware of the applicable provisions of Ontario Regulation 391/23 (Use of Force and Weapons) made under the Community Safety and Policing Act, 2019;

(2) Clause 2 (n) of the Regulation is amended by striking out “motor vehicle” and substituting “vehicle”.

(3) Subclause 2 (o) (ii) of the Regulation is amended by striking out “motor vehicle” and substituting “vehicle”.

4. Subsections 3 (1) and (2) of the Regulation are revoked and the following substituted:

Circumstances for denying appointment

(1) An appointing official or local commander shall deny a requested appointment under Part II or III of the Act, as the case may be, unless the extra-provincial commander requesting the appointment undertakes to command the extra-provincial police officer to co-operate with,

(a)  the Special Investigations Unit, as required of a police officer by section 31 of the Special Investigations Unit Act, 2019, in any investigation in respect of an incident that occurred while the extra-provincial police officer was appointed as a police officer in Ontario; or

(b)  an investigation of a complaint or the conduct of a hearing under Part X or XII of the Community Safety and Policing Act, 2019, subject to the officer enjoying the rights or privileges that an Ontario police officer would have in relation to such an investigation or hearing, where the complaint or the hearing, as the case may be, relates to,

(i)  the actions of the officer, or any other police officer, while the officer was appointed as a police officer under Part II or III of the Act, or

(ii)  the operation or investigation that led to the request for the appointment.

(2) An appointing official or local commander shall deny a requested appointment under Part II or III of the Act, as the case may be, unless the extra-provincial commander requesting the appointment undertakes to disclose and provide, to the extent legally permitted, any record, thing, data or information in the possession or under the control of the commander’s police service that is requested in relation to an investigation by the Special Investigations Unit or an investigation of a complaint or the conduct of a hearing under Part X or XII of the Community Safety and Policing Act, 2019, subject to the police service enjoying the rights or privileges that an Ontario police service would have in relation to such an investigation or hearing, where the investigation or hearing, as the case may be, relates to,

(a)  the actions of the officer, or any other police officer, while the officer was appointed as a police officer under Part II or III of the Act; or

(b)  the operation or investigation that led to the request for the appointment.

5. Subsections 5 (1) and (2) of the Regulation are revoked and the following substituted:

Mandatory conditions

(1) An appointing official or local commander shall impose the following conditions on the appointment of an extra-provincial police officer under Part II or III of the Act, as the case may be:

1.  If the officer is appointed under Part II of the Act, the officer shall not, subject to subsection (2), engage in a vehicle pursuit as defined in section 1 of Ontario Regulation 397/23 (Vehicle Pursuits) made under the Community Safety and Policing Act, 2019.

2.  If the officer is appointed under Part III of the Act, the officer shall not engage in a vehicle pursuit as defined in section 1 of Ontario Regulation 397/23 (Vehicle Pursuits) made under the Community Safety and Policing Act, 2019 unless the officer,

i.  has completed training in vehicle pursuits, and

ii.  has the ability to notify a dispatcher for the police service having jurisdiction in the area where the pursuit takes place when the officer initiates the pursuit.

3.  If the officer is appointed under Part II of the Act, the officer shall not, subject to subsection (3), exercise the powers of an Ontario police officer or a provincial offences officer as defined in the Provincial Offences Act to enforce the laws of Ontario.

4.  If the officer is appointed under Part III of the Act, the officer shall not exercise the powers of an Ontario police officer or a provincial offences officer as defined in the Provincial Offences Act to enforce the laws of Ontario unless the officer has received training with respect to those laws

(2) The appointing official is not required to impose the condition described in paragraph 1 of subsection (1) on the appointment if satisfied that the appointee,

(a)  has completed training in vehicle pursuits; and

(b)  has the ability to notify a dispatcher for the police service having jurisdiction in the area where the pursuit takes place when the officer initiates the pursuit.

6. Clauses 6 (1) (b) and (c) of the Regulation are amended by striking out “police forces” wherever it appears and substituting in each case “police services”.

7. Subsections 7 (6) and (7) of the Regulation are revoked and the following substituted:

(6) With respect to an appointment to which Part II of the Act applies, an appointing official shall provide the notices required by this section to,

(a)  the police service board that is responsible for a police service whose local commander reviewed the appointment under subsection 6 (1) of the Act; or

(b)  the O.P.P. detachment board or First Nation O.P.P. board, if any, that advises a detachment commander who reviewed the appointment under subsection 6 (1) of the Act.

(7) With respect to an appointment to which Part III of the Act applies, an appointing official shall provide the notices required by this section to,

(a)  the police service board that is responsible for a police service of which a member made the appointment; or

(b)  the O.P.P. detachment board or First Nation O.P.P. board, if any, that advises the commander of a detachment of which a member made the appointment.

Commencement

8. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le solliciteur général,

Michael Kerzner

Solicitor General

Date made: March 25, 2024
Pris le : 25 mars 2024

 

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