Conflicts of Interest under the Community Safety and Policing Act, 2019
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 regulation under the CSPA to address conflicts of interest (COI).
There is currently no standalone COI standard under the Police Services Act for delivering policing functions. The CSPA requires that adequate and effective policing be delivered in accordance with a prescribed standard with respect to the avoidance of COI under subsection 11(1). In addition, the CSPA introduces the role of the Inspector General to monitor, advise, conduct inspections, and investigate complaints with respect to the delivery of policing and compliance with the CSPA and its regulations.
The proposed regulation sets out a provincially consistent approach for police services to avoid situations where the impartiality of the police service or its members may come into question as a result of a conflict of interest. The regulation:
• Defines COI with respect to policing functions in Ontario.
• Establishes how personal and institutional COI are to be determined.
• Establishes the roles of chiefs of police and the Inspector General including determining who can conduct an impartial investigation in cases of actual or potential COI.
• Sets out reporting requirements for COI.
For more detail, please see the attached draft regulation.
SOLGEN welcomes your comments and feedback.
Analysis of Regulatory Impact:
SOLGEN may be consulting with stakeholders to identify potential costs associated with the given regulation coming into force.
November 16, 2022
Comments Due Date:
January 2, 2023
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6