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O. Reg. 264/10: Equipment and Use of Force (formerly Equipment)


Published: 2010-06-28

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ontario regulation 264/10

made under the

police services act

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


Amending Reg. 926 of R.R.O. 1990

(Equipment and Use of Force)

1. Section 1 of Regulation 926 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

1. This Regulation applies to police forces established under the Act and members of a police force.

2. (1) Section 3 of the Regulation is amended by adding the following subsection:

(1.1) A police officer appointed under the Interprovincial Policing Act, 2009

shall not carry a handgun unless it meets the technical specifications set out in the Table to this section or except if the appointing official or local commander who appointed the officer under that Act has authorized the officer to carry a different kind of firearm, other than a revolver.

(2) Subsection 3 (2) of the Regulation is amended by adding “under subsection (1)” at the end.

3. Subsection 11 (1) of the Regulation is amended by striking out “a member of a police force” and substituting “a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009”.

4. Section 12 of the Regulation is revoked and the following substituted:

12. If a member of a police force, other than the Commissioner or chief of police, unintentionally or intentionally, except on a target range or in the course of ordinary weapon maintenance, discharges his or her firearm,

(a) the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the individual is a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009; or

(b) the appointing official or local commander who appointed the member under the Interprovincial Policing Act, 2009, as the case may be, shall, if the member is a police officer appointed under that Act, immediately cause an investigation to be made into the circumstances and a report on it to be submitted to the extra-provincial commander of the officer.

5. (1) Subsection 13 (1) of the Regulation is revoked and the following substituted:

(1) If a member of a police force, other than the Commissioner or chief of police, by the discharge of a firearm in the performance of his or her duty, kills or injures another person,

(a) the Commissioner or chief of police, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the individual is a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009; or

    (b) the appointing official or local commander who appointed the member under the Interprovincial Policing Act, 2009, as the case may be, shall immediately cause an investigation to be made into the circumstances, if the member is a police officer appointed under that Act.

(2) Subsection 13 (2) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) to the extra-provincial commander of the police officer appointed under the Interprovincial Policing Act, 2009, in the case of an investigation involving such a police officer.

6. (1) The heading immediately before section 14.2 of the Regulation is revoked and the following substituted:

Training in the Use of Force and Firearms

(2) Subsection 14.2 (3) of the Regulation is amended by striking out “a member of a police force” and substituting “a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009”.

7. (1) Section 14.3 of the Regulation is amended by adding the following subsection:

(0.1) This section does not apply to a police officer appointed under the Interprovincial Policing Act, 2009.

(2) Subsection 14.3 (2) of the Regulation is amended by striking out “a member of a police force” and substituting “a member of the police force”.

8. Section 14.4 of the Regulation is revoked and the following substituted:

14.4 (1) The training courses referred to in sections 14.2 and 14.3 that a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009 is required to take shall include training on the following matters:

1. Legal requirements.

2. The exercise of judgment.

3. Safety.

4. Theories relating to the use of force.

5. Practical proficiency.

(2) The training courses referred to in sections 14.2 and 14.3 that a police officer appointed under the

Interprovincial Policing Act, 2009 is required to take are the training courses on the use of force or the use of firearms, as the case may be, that are available to the officer in the province or territory where the officer is appointed or employed as an extra-provincial police officer as defined in that Act.

9. (1) Subsection 14.5 (1) of the Regulation is amended by striking out “to the chief of police or Commissioner” in the portion before clause (a).

(2) Section 14.5 of the Regulation is amended by adding the following subsection:

(1.1) The member shall submit the report to,

(a) the chief of police or Commissioner if the member is an Ontario police officer as defined in the Interprovincial Policing Act, 2009; or

(b) the following persons if the member is a police officer appointed under the Interprovincial Policing Act, 2009:

(i) the appointing official or local commander who appointed the member under that Act, as the case may be,

(ii) the extra-provincial commander of the officer.

(3) Subsection 14.5 (3.1) of the Regulation is revoked and the following substituted:

(3.1) If the report is submitted to the chief of police or Commissioner, the chief of police or the Commissioner, as the case may be, shall ensure that Part B of the report is destroyed not later than 30 days after the report is submitted.

(4) Subsection 14.5 (3.2) of the Regulation is amended by striking out “subsection (1)” and substituting “clause (1.1) (a)”.

10. This Regulation comes into force on the later of the day the Interprovincial Policing Act, 2009 comes into force and the day this Regulation is filed.

 

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