Proposed regulations under the proposed Ontario Special Investigations Unit Act, 2017
Bill or Act:
Bill 175, Safer Ontario Act, 2017
Summary of Proposal:
On April 6, 2017, the government publicly released the Independent Police Oversight Review (IPOR) report, authored by Justice Tulloch. The IPOR report contains 129 recommendations on ways to enhance the transparency and accountability of the province's three police oversight bodies, as well as to maximize their effectiveness and efficiency. The report also examines ways to enhance the oversight bodies' cultural competence, especially in their interactions with Indigenous peoples.
The government committed to introducing legislation in the fall of 2017 to strengthen the police oversight system in Ontario. On November 2, 2017, Bill 175, Safer Ontario Act, 2017, was introduced, and included three policing oversight schedules, outlining the proposed requirements for each of the police oversight bodies in Ontario.
The proposed Ontario Special Investigations Unit Act, 2017 would, if passed, continue the Special Investigations Unit as the Ontario Special Investigations Unit (OSIU). Part VII of the Police Services Act would consequently be repealed (section 40). The proposed bill would substantially implement Justice Tulloch's recommendations for the OSIU as set out in the IPOR report by enhancing its independence, expanding its mandate and enabling it to collect race-based data in a manner that supports the proposed Anti-Racism Act, and Ontario's strategic plan to combat systemic racism, among other substantial reforms.
If the bill is passed, the Ministry of the Attorney General (MAG) would propose to bring forward a number of regulations to support implementation of the proposed changes affecting the OSIU which may come into effect after the OSIU begins operating under its new mandate.
Some examples of regulations that may be considered include:
• Prescribing personal information that may be collected for the purposes of the OSIU Director publishing statistical reports, specify the personal information that can be collected, and in which manner and circumstance, and set out a manner for de-identifying the personal information that has been collected under this section.
• Requirements for diversity, racial and cultural training to be developed in consultation with affected communities and delivered by the OSIU Director to all employees of the organization.
We are interested in your responses to the following questions:
1. What kind of demographic information would be beneficial for the OSIU to collect for publishing analysis and reports?
2. What should the OSIU do with the demographic information it collects?
3. What requirements do you think should be included for diversity, racial, and cultural training? Do you know of any existing programs or organizations that provide this kind of training?
January 29, 2018
Comments Due Date:
March 30, 2018
Ministry of the Attorney General
Agency and Tribunal Relations Division
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9