Complaints about Special Constables 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 proposed regulation that establishes a standardized public complaints process for special constables. In relation to modernization of the special constables framework, the ministry is proposing a new process in regulation for the receiving and addressing of public complaints.
The proposed regulation prescribes:
• Who can and cannot make a public complaint against a special constable
• A requirement for specified persons to forward complaints about a special constable to the special constable's employer or chief of police
• A public complaints and investigation process, with specific requirements dependent on if the special constable is employed by a police service board or a special constable employer. In both instances, these requirements generally include:
o Requiring boards, the Minister (for OPP) and special constable employers to develop a public complaints process and publish a notice online informing people how to complain.
o Providing written acknowledgement to the complainant
o Ensuring any criminal allegations in a complaint are investigated in compliance with the standards for adequate and effective policing
o Advising the complainant of the outcome of the investigation
o Reporting the outcome to the police service board or Commissioner
o Endeavoring to complete the investigation within 120 days
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.
December 21, 2022
Comments Due Date:
February 4, 2023
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6