O. Reg. 273/10: GENERAL


Published: 2010-06-28

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Français

ONTARIO REGULATION 273/10

made under the

INTERPROVINCIAL POLICING ACT, 2009

Made: April 20, 2010
Filed: June 28, 2010
Published on e-Laws: June 30, 2010
Printed in The Ontario Gazette: July 17, 2010


GENERAL

Definitions

Definitions

1. In this Regulation,

“claim” means a claim for any costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding in which a protected entity is a party; (“réclamation”)

“indemnifier” means the police services board in Ontario or the Crown in right of Ontario that indemnifies a protected entity under subsection 32 (1) or (2) of the Act; (“entité indemnisatrice”, “entité qui indemnise”)

“protected entity” means a police force in another province or a territory that claims the indemnification described in subsection 32 (1) or (2) of the Act or the person or entity that is responsible for that police force. (“entité protégée”)

Appointments

Content of request for appointment

2. A request to have an extra-provincial police officer appointed as a police officer in Ontario under Part II or III of the Act shall include,

(a) the business address and telephone number of the officer and an alternate telephone number;

(b) the number of the officer’s driver’s licence and the province of its issue;

(c) a statement of the number of years that the officer has been a police officer;

(d) if the officer is a member of a specialized unit within the police force, a statement of the number of years that the officer has been a member of the unit;

(e) a statement whether the officer has ever been previously appointed as a police officer or special constable in Ontario;

(f) if the officer is to be appointed under Part II of the Act and has been previously appointed as a police officer or special constable in Ontario, the start and end dates of each of the latter appointments made in the previous five years and the name of the Ontario police force of which the person who made each of the appointments is a member or for which the police services board that made each of the appointments is responsible;

(g) if the officer has been previously appointed as a police officer or special constable in Ontario, a statement whether any of the appointments were terminated for cause and, if so, the reasons for and dates of each of the terminations;

(h) a statement whether the appointment is a new appointment, a reappointment under Part II or a renewal under Part III;

(i) a statement whether there are any restrictions on the officer’s ability to perform the duties involved in the appointment of which the person making the appointment should be aware;

(j) a statement as to how the officer will be supervised in Ontario;

(k) the business address of the extra-provincial commander and the officer’s immediate supervisor;

(l) a statement whether the officer is aware of the applicable provisions of Regulation 926 of the Revised Regulations of Ontario, 1990 (Equipment and Use of Force) made under the Police Services Act;

(m) a statement of whether the officer is aware of the applicable Ontario legislation that the officer might have to enforce based on the description of the officer’s duties in Ontario;

(n) if the appointment is to be made under Part II of the Act, the last date that the officer received training with respect to the use of firearms, the use of force and motor vehicle pursuits;

(o) if the appointment is to be made under Part III of the Act, a statement whether,

(i) the officer has received training with respect to the use of firearms during the previous 12 months, and

(ii) the officer’s training is current with respect to the use of force and motor vehicle pursuits; and

(p) a statement whether a finding of serious misconduct has ever been made against the officer in the province or territory that appoints or employs the officer as an extra-provincial police officer and, if so, the nature of the misconduct, the dates of the misconduct and the disciplinary measures imposed.

Circumstances for denying appointment

3. (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 subsection 113 (9) of the Police Services Act and Ontario Regulation 267/10 (Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit) made under that Act, 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 V of the Police Services Act, 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 the 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 force 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 V of the Police Services Act, subject to the police force enjoying the rights or privileges that an Ontario police force 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.

(3) An undertaking given under subsection (1) or (2) continues even after the appointment of the police officer mentioned in that subsection terminates.

Conditions set out on appointment form

4. An appointing official who, under subsection 8 (4) of the Act, imposes conditions on an existing appointment of an extra-provincial police officer under Part II of the Act or removes such conditions or who, under subsection 15 (4) of the Act, imposes conditions on an existing appointment of an extra-provincial police officer under Part III of the Act or removes such conditions, shall issue a new appointment form setting out the imposition or removal of the conditions.

Mandatory conditions

5. (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 suspect apprehension pursuit described in section 1 of Ontario Regulation 266/10 (Suspect Apprehension Pursuits) made under the Police Services Act.

2. If the officer is appointed under Part III of the Act, the officer shall not engage in a suspect apprehension pursuit described in section 1 of Ontario Regulation 266/10 (Suspect Apprehension Pursuits) made under the Police Services Act unless the officer,

i. has completed training in motor vehicle pursuits, and

ii. has the ability to notify a dispatcher for the police force 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 motor vehicle pursuits; and

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

(3) The appointing official is not required to impose the condition described in paragraph 3 of subsection (1) on the appointment if satisfied that the appointee has received adequate training with respect to any Ontario laws that the officer might be required to enforce.

(4) If the appointment of an extra-provincial police officer under Part II of the Act is subject to the condition described in paragraph 1 or 3 of subsection (1), an appointing official may remove the condition from the appointment if satisfied that the appointee has, after being appointed,

(a) completed the training described in clause (2) (a) and acquired the ability described in clause (2) (b), in the case of a condition described in paragraph 1 of subsection (1); or

(b) received the training described in subsection (3), in the case of a condition described in paragraph 3 of subsection (1).

Notice of appointments to Minister

6. (1) For the purposes of section 36 of the Act and for each reporting period described in subsection (3), every appointing official, subject to subsection (4), shall provide notice to the Minister of,

(a) the number of appointments requested of the official under Part II of the Act during the reporting period;

(b) the number of appointments described in clause (a) that the official made from each province or territory during the reporting period, the duration of each such appointment and a statement of the Ontario police forces or detachments that are primarily affected by each such appointment;

(c) the number of appointments that the official made under Part II of the Act during the reporting period that primarily affect each of the Ontario police forces or detachments described in clause (b);

(d) the number of appointments described in clause (a) that the official denied during the reporting period;

(e) the number of appointments requested under Part III of the Act of which the official is notified by a local commander during the reporting period;

(f) the number of appointments described in clause (e) that were made from each province or territory during the reporting period and the duration of each such appointment;

(g) the number of appointments described in clause (e) that were denied during the reporting period;

(h) the total number of appointments terminated under Part IV of the Act by the appointing official or of which the official receives notice under subsection 25 (2) of the Act during the reporting period; and

(i) the number of appointments terminated by the appointing official under section 23 of the Act during the reporting period.

(2) The appointing official shall provide the notice described in subsection (1) to the Minister by the 15th day of the month immediately after the end of the reporting period described in subsection (3) and in a form that the Minister approves under section 42 of the Act.

(3) The reporting periods shall be the semi-annual periods of each year beginning on January 1.

(4) If two or more appointing officials are members of the same police force, one of the officials shall provide the notice required by subsection (1) for a reporting period described in subsection (3) and none of the other officials may provide the notice.

Notice of appointments to police services board

7. (1) For the purposes of section 36 of the Act, every appointing official, subject to subsections (8) and (9), shall provide the notices described in this section.

(2) An appointing official who receives a request for an appointment under Part II of the Act shall, with respect to all such appointments that the official makes in each month, provide notice of the following by the 15th day of the month immediately after the end of the reporting period described in subsection (5):

1. The decision of the official to make each appointment.

2. The province or territory of the extra-provincial police officer affected by each appointment.

3. The duration of each appointment.

(3) An appointing official who is notified by a local commander of an appointment requested under Part III of the Act shall, with respect to all such appointments of which the official is notified in each month, provide notice of the following by the 15th day of the month immediately after the end of the reporting period described in subsection (5):

1. The decision of the local commander to make each appointment.

2. The province or territory of the extra-provincial police officer affected by each appointment.

3. The duration of each appointment.

(4) An appointing official who terminates an appointment under section 23 or 24 of the Act or of which the official receives notice of termination under subsection 25 (2) of the Act shall, with respect to all such appointments that the official terminates or of which the official receives such notice in each month, provide notice of the following by the 15th day of the month immediately after the end of the reporting period described in subsection (5):

1. Each terminated appointment.

2. The province or territory of the extra-provincial police officer affected by each terminated appointment.

(5) The reporting periods shall be the quarterly periods of each year beginning on January 1, unless the police services board to which the notices required by this section are required to be provided determines that the reporting periods shall occur as more frequent periods of the year beginning on January 1.

(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 the police services board that,

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

(b) advises a detachment commander under subsection 10 (9) of the Police Services Act 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 the police services board that,

(a) is responsible for a police force, of which a member made the appointment; or

(b) advises the commander of a detachment under subsection 10 (9) of the Police Services Act, of which a member made the appointment.

(8) If two or more appointing officials are members of the same police force, one of the officials shall provide the notice required by one of the subsections of this section for a month and none of the other officials may provide the notice.

(9) No appointing official shall provide a notice under this section if the official is of the opinion that an operation or investigation could be compromised by providing the notice.

Indemnification

Terms and conditions of indemnification

8. (1) Every right of a protected entity to be indemnified under subsection 32 (1) or (2) of the Act and every obligation of an indemnifier to indemnify under either of those subsections is subject to the terms and conditions set out in subsections (2) to (11).

(2) Each protected entity that receives a notice of a claim, whether actual or threatened, shall forthwith deliver it to the indemnifier of the protected entity.

(3) Upon the written request of the indemnifier, each protected entity shall provide to the indemnifier copies of all documents and any other information relating to the claim that are in the possession or under the control of the protected entity.

(4) Each protected entity shall take all reasonable steps necessary to secure and preserve its rights in respect of the claim and, if the protected entity has a right to commence a proceeding against another person, whether for damages or indemnification or otherwise, in respect of a matter for which the protected entity claims indemnification from an indemnifier, the protected entity shall assign that right to the indemnifier and subrogate the indemnifier to that right to the extent of the amounts paid by the indemnifier or for which the indemnifier is liable under the indemnification.

(5) Each protected entity shall not voluntarily assume any liability in respect of a claim or any proceeding relating to a claim or settle or compromise the claim or proceeding without obtaining the prior written consent of the indemnifier.

(6) The indemnifier shall have the right to participate in the negotiation, settlement or defence of the claim and any proceedings relating to it or appeal of it, including the determination of the defences to raise and the grounds upon which to seek or oppose an appeal, but the indemnifier may not settle any action commenced against a protected entity without the written consent of the protected entity.

(7) If the indemnifier elects to participate in the negotiation, settlement or defence of the claim and any proceedings relating to it or appeal of it, each protected entity shall cooperate fully with the indemnifier in that connection and shall agree to be represented by legal counsel chosen by the indemnifier, unless, in the opinion of the counsel, there would arise a conflict of interest preventing the counsel from representing the protected entity.

(8) If the legal counsel chosen by the indemnifier is of the opinion that a conflict of interest prevents the counsel from representing the protected entity, the protected entity shall be entitled, subject to the prior written approval of the indemnifier, to retain legal counsel of the protected entity’s choice.

(9) The indemnifier may withhold its approval in relation to any legal counsel proposed by the protected entity if the counsel cannot be retained on terms, including fees, that are consistent with the established policies of the indemnifier for retaining legal counsel.

(10) Subject to subsection (11), the fees and expenses of the protected entity’s legal counsel incurred in representing the protected entity shall be costs to which the indemnification extends.

(11) If the indemnifier withholds its approval under subsection (9) solely because the fees of the proposed legal counsel exceed the fees that are consistent with the established policies of the indemnifier for retaining legal counsel, the protected entity may retain the counsel but the right of the protected entity to be indemnified for the counsel’s fees shall be limited to the amount that would be payable by the indemnifier under its established policies for retaining legal counsel.

(12) If the indemnifier is not also a party to a claim, the protected entity shall consent to any order or leave for which the indemnifier may apply to be added as a party or to be allowed to make representations on its own behalf without being a party.

(13) The amount of indemnification that a protected entity is entitled to receive from the indemnifier shall be reduced by all amounts that the entity has received or is entitled to receive from any other source as a recovery or reimbursement of any of its claims.

Commencement

9. This Regulation comes into force on the later of the day subsection 41 (1) of the Act comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de la Sécurité communautaire et des Services correctionnels,

Rick Bartolucci

Minister of Community Safety and Correctional Services

Date made: April 20, 2010.
Pris le : 20 avril 2010.

Français