Regulation - LGIC

Investigations Regulation 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 investigations.

This proposed regulation establishes investigative standards relating to the undertaking and managing of all investigations by members of police services including investigations into missing persons and the investigation of Criminal Code, Cannabis Act and Controlled Drug and Substances Act offences which form part of the law enforcement policing function that makes up adequate and effective policing. Additional investigative standards may be set out in other standards specific to certain types of Investigations. If an investigation is determined to be a "major case", then the investigation is to be conducted in accordance with the Major Case Management regulation.

The proposed General Investigations regulation will:
•Define "Investigator" and "Senior Investigator";
•Require that every Investigation be undertaken by an "Investigator", or "Senior Investigator", as determined by a Supervisor and having considered specified factors to adequately undertake the Investigation;
•Create obligations and requirements for an Investigator and Senior Investigator in relation to an Investigation;
•Establish responsibilities for a Supervisor in relation to monitoring and providing support to ensure that the Investigation is carried out effectively;
•Update responsibilities for the Chief of Police in relation to developing procedures; and
•Require for every police service board and the Solicitor General to establish a policy with respect to the conduct of Investigations.

For more detail, please see the attached draft regulation.

SolGen welcomes your comments and feedback.
Analysis of Regulatory Impact:
The proposed General Investigations regulation will:
•Define "Investigator" and "Senior Investigator";
•Require that every Investigation be undertaken by an "Investigator", or "Senior Investigator", as determined by a Supervisor and having considered specified factors to adequately undertake the Investigation;
•Create obligations and requirements for an Investigator and Senior Investigator in relation to an Investigation;
•Establish responsibilities for a Supervisor in relation to monitoring and providing support to ensure that the Investigation is carried out effectively;
•Update responsibilities for the Chief of Police in relation to developing procedures; and
•Require for every police service board and the Solicitor General to establish a policy with respect to the conduct of Investigations.
Further Information:
Proposal Number:
21-SOLGEN012
Posting Date:
June 11, 2021
Comments Due Date:
July 26, 2021
Contact Address:
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6
Comment on this proposal via email