Regulation - LGIC

Chief's Referral to LECA under the Community Safety and Policing Act, 2019

Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Community Safety and Policing Act, 2019
Summary of Proposal:
In March 2019, the government passed the Community Safety and Policing Act, 2019 (CSPA), as part of the Comprehensive Ontario Police Services Act, 2019. Once in force, the CSPA will replace the current Police Services Act (PSA). The CSPA is an opportunity to modernize policing and enhance community safety in Ontario.

As part of the work to bring the Act into force, the Ministry of the Solicitor General (SolGen) is working on regulations on a number of matters.

At this time, SolGen is requesting public and stakeholder input on a proposed regulation related to when a chief of police is required to provide notice of misconduct to the Complaints Director of the Law Enforcement Complaints Agency (LECA).

SolGen is proposing the following circumstances for which chiefs of police would be mandated to provide notice of misconduct to the Complaints Director of LECA:
•Breaches, found by a court or tribunal, of the Charter of Rights and Freedoms (that are not justified under s. 1 of the Charter) or Human Rights Code; and
•Allegations of any contravention to the police officer code of conduct that is committed in relation to, or is witnessed firsthand by, a member of the public*

*Note: member of the public other than those restricted from complaining to LECA are defined under CSPA s. 154

For more detail, please see the attached draft regulation.

SolGen welcomes your comments and feedback.
Analysis of Regulatory Impact:
SolGen is proposing the following circumstances for which chiefs of police would be mandated to provide notice of misconduct to the Complaints Director of LECA:
•Breaches, found by a court or tribunal, of the Charter of Rights and Freedoms (that are not justified under s. 1 of the Charter) or Human Rights Code; and
•Allegations of any contravention to the police officer code of conduct that is committed in relation to, or is witnessed firsthand by, a member of the public*

*Note: member of the public other than those restricted from complaining to LECA are defined under CSPA s. 154
Further Information:
Proposal Number:
21-SOLGEN009
Posting Date:
April 23, 2021
Comments Due Date:
June 7, 2021
Contact Address:
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6