230399 — GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL, O. Reg. 399/23

Part I

Part I Application

s. 1 — Non-application to extra-provincial police officers

This Regulation does not apply with respect to police officers appointed under the Interprovincial Policing Act, 2009.

Part II

Part II Definitions and Clarifications

s. 1.1 — Definitions in this Regulation

In this Regulation,

s. 1.1 — active attacker

“active attacker” has the same meaning as in Ontario Regulation 393/23 (Active Attacker Incidents), made under the Act; (“assaillant actif”)

s. 1.1 — extreme incident

“extreme incident” has the same meaning as in Ontario Regulation 392/23 (Adequate and Effective Policing (General)), made under the Act. (“incident d’une extrême gravité”)

s. 2 — Definition of “emergency” in the Act

(1) For the purposes of the Act, “emergency” has the same meaning as in section 1 of the Emergency Management and Civil Protection Act.

s. 2(2)

The definition of “emergency” in subsection (1) modifies the phrase “emergency assistance” in the Act but does not modify the phrases “emergency calls for service” and “emergency response” in the Act.

Part III

Part III General Administration

s. 2.1 — Request for temporary assistance from other Canadian jurisdiction

(1) For the purposes of subsection 19 (1.1) of the Act, the following is prescribed as a circumstance in which a chief of police may request the temporary assistance described in that subsection:

s. 2.1(1)(1)

The chief of police does not believe that the resources of their police service are sufficient to ensure the timely provision of adequate and effective policing.

s. 2.1(2)

For the purposes of subsection 19 (1.1) of the Act, the following is prescribed as a restriction on the chief of police’s ability to request the temporary assistance described in that subsection:

s. 2.1(2)(1)

The request for temporary assistance under that subsection can only be made if reasonable efforts have been made to seek assistance from Ontario police services first but their assistance is unavailable or cannot be provided in a reasonable time or to an extent and in the manner required to provide adequate and effective policing.

s. 2.1(3)

The restriction described in subsection (2) does not apply if the temporary assistance is being requested to respond to,

s. 2.1(3)(a)

an incident involving an active attacker;

s. 2.1(3)(b)

an extreme incident; or

s. 2.1(3)(c)

an emergency.

s. 3 — Strategic plan

The following matters are prescribed for the purposes of subparagraph 3 x of subsection 39 (1) of the Act and subparagraph 3 x of subsection 61 (1) of the Act:

s. 3(1)

Drug crime and clearance rates for drug crime.

Part IV

Part IV Ranks

s. 4 — Ranks in police services maintained by a police service board

(1) Every police service maintained by a police service board may have all or any of the police ranks listed in subsection (2) and the police ranks listed in subsection (3), if applicable, but may not have any others.

s. 4(2)

The following are the police ranks mentioned in subsection (1):

s. 4(2)(1)

Chief of Police.

s. 4(2)(2)

Deputy Chief.

s. 4(2)(3)

Staff Superintendent or Chief Superintendent.

s. 4(2)(4)

Superintendent.

s. 4(2)(5)

Staff Inspector.

s. 4(2)(6)

Inspector.

s. 4(2)(7)

Staff Sergeant.

s. 4(2)(8)

Sergeant.

s. 4(2)(9)

Constable, which shall have the following classifications in descending seniority:

s. 4(2)(9)(i)

First-Class Constable.

s. 4(2)(9)(ii)

Second-Class Constable.

s. 4(2)(9)(iii)

Third-Class Constable.

s. 4(2)(9)(iv)

Fourth-Class Constable.

s. 4(3)

If a police service maintained by a police service board has a detective branch, the police service may have the ranks of,

s. 4(3)(a)

Detective Superintendent, which is equivalent to the rank of Superintendent;

s. 4(3)(b)

Detective Inspector, which is equivalent to the rank of Inspector;

s. 4(3)(c)

Detective Sergeant, which is equivalent to the rank of Staff Sergeant;

s. 4(3)(d)

Detective, which is equivalent to the rank of Sergeant; and

s. 4(3)(e)

Detective Constable, which is equivalent to the rank of Constable and has the same classifications as set out in paragraph 9 of subsection (2).

s. 4(4)

The police ranks listed in subsections (2) and (3) may only be issued to or held by members of the police service who are police officers.

s. 4(5)

A Constable or Detective Constable is eligible for reclassification to the next highest constable classification, if any, after serving for one year in a given classification.

s. 4(6)

Despite subsection (5), a Constable or Detective Constable may be eligible for reclassification to the next highest constable classification, if any, in less than a year in the case of outstanding or meritorious service.

s. 4(7)

For greater certainty, a constable classification applies in respect of a police officer regardless of whether their rank changes from Constable to Detective Constable or vice versa.

s. 5 — Ranks in Ontario Provincial Police

(1) The Ontario Provincial Police may have all or any of the police ranks listed in subsections (2) and (3) but may not have any others.

s. 5(2)

The following are the police ranks mentioned in subsection (1):

s. 5(2)(1)

Commissioner.

s. 5(2)(2)

Deputy Commissioner.

s. 5(2)(3)

Chief Superintendent.

s. 5(2)(4)

Superintendent.

s. 5(2)(5)

Inspector.

s. 5(2)(6)

Sergeant Major.

s. 5(2)(7)

Staff Sergeant.

s. 5(2)(8)

Sergeant.

s. 5(2)(9)

Constable, which shall have the following classifications in descending seniority:

s. 5(2)(9)(i)

First-Class Constable.

s. 5(2)(9)(ii)

Second-Class Constable.

s. 5(2)(9)(iii)

Third-Class Constable.

s. 5(2)(9)(iv)

Fourth-Class Constable.

s. 5(3)

The following are the police ranks mentioned in subsection (1) in respect of detective ranks:

s. 5(3)(1)

Detective Superintendent, which is equivalent to the rank of Superintendent.

s. 5(3)(2)

Detective Inspector, which is equivalent to the rank of Inspector.

s. 5(3)(3)

Detective Staff Sergeant, which is equivalent to the rank of Staff Sergeant.

s. 5(3)(4)

Detective Sergeant, which is equivalent to the rank of Sergeant.

s. 5(3)(5)

Detective Constable, which is equivalent to the rank of Constable and has the same classifications as set out in paragraph 9 of subsection (2).

s. 5(4)

The police ranks listed in subsections (2) and (3) may only be issued to or held by members of the Ontario Provincial Police who are police officers.

s. 5.1 — Commissions under the Great Seal

(1) For the purposes of clause 101.1 (1) (c) of the Act, the following ranks are prescribed in respect of a police officer who is a member of a police service maintained by a police service board:

s. 5.1(1)(1)

Staff Superintendent or Chief Superintendent.

s. 5.1(1)(2)

Superintendent or Detective Superintendent.

s. 5.1(1)(3)

Staff Inspector.

s. 5.1(1)(4)

Inspector or Detective Inspector.

s. 5.1(2)

For the purposes of clause 101.1 (1) (c) of the Act, the following ranks are prescribed in respect of a police officer who is a member of the Ontario Provincial Police:

s. 5.1(2)(1)

Chief Superintendent.

s. 5.1(2)(2)

Superintendent or Detective Superintendent.

s. 5.1(2)(3)

Inspector or Detective Inspector.

s. 5.1(3)

For the purposes of subsection 101.1 (2) of the Act, the following ranks are prescribed in respect of a First Nation Officer:

s. 5.1(3)(1)

Chief of Police.

s. 5.1(3)(2)

Deputy Chief.

s. 5.1(3)(3)

Staff Superintendent or Chief Superintendent.

s. 5.1(3)(4)

Superintendent or Detective Superintendent.

s. 5.1(3)(5)

Staff Inspector.

s. 5.1(3)(6)

Inspector or Detective Inspector.

Part V

Part V Duties of Members of a Police Service

s. 6 — Preparing informations

(1) A member of a police service shall not swear an information that alleges the commission of an offence unless it has been prepared by a member of a police service.

s. 6(2)

A member of a police service shall ensure that an information mentioned in subsection (1) is prepared in a manner suitable for laying before a justice of the peace and, if required, on a prescribed form.

s. 7 — Withdrawal of certificates of offence, offence notices

A member of a police service shall not offer to withdraw a certificate of offence or offence notice issued under the Provincial Offences Act on the condition that the person to whom the certificate or notice has been issued participate in a program offered by the police service.

s. 8 — No contracting debts

No member of the Ontario Provincial Police shall contract debts that the member is unwilling or unable to discharge and that may interfere with the performance of the member’s duties as a member of the Ontario Provincial Police.

s. 9 — Notice of resignation

Without the consent of the Commissioner, no member of the Ontario Provincial Police shall resign unless the member has given two weeks notice in writing to the Commissioner.

Part VI

Part VI Duties of the Chiefs of Police

s. 10 — Duty of chief of police re: training

Every chief of police shall ensure that any training requirements prescribed by the Minister are satisfied.

s. 11 — Skills development and learning plan

Every chief of police shall establish a skills development and learning plan for the members of the police service that addresses,

s. 11(a)

the provision of a program to coach or mentor new officers; and

s. 11(b)

the development and maintenance of the capabilities of members of the police service, including,

s. 11(b)(i)

the police service’s criminal investigators,

s. 11(b)(ii)

members of the police service who provide investigative support functions, if any,

s. 11(b)(iii)

members of a public order unit, if any, and

s. 11(b)(iv)

members of the police service who provide any emergency response functions.

s. 12 — Annual report

(1) On or before June 30 in each year, every chief of police, other than the Commissioner, shall prepare an annual report for the police service board relating to the activities of the police service during the previous fiscal year, including information on,

s. 12(1)(a)

implementation of the strategic plan prepared and adopted by the police service board under subsection 39 (1) of the Act;

s. 12(1)(b)

public complaints;

s. 12(1)(c)

the actual cost of policing; and

s. 12(1)(d)

any other information that is required to be in the annual report by other regulations made under the Act.

s. 12(2)

The relevant police service board shall publish the annual report on the Internet.

Part vII

Part vII Court Security

s. 13 — Court security

If a police service board or the Commissioner has the responsibilities referred to in section 243 of the Act with respect to premises where court proceedings are conducted, the chief of police of the relevant police service or the Commissioner shall,

s. 13(a)

prepare a court security plan;

s. 13(b)

establish procedures on court security that address supervision and training; and

s. 13(c)

ensure that court security personnel have the capability to perform their functions related to court security.

Part VIII

Part VIII (OMITTED)

s. 14

Omitted (provides for coming into force of provisions of this Regulation).