Regulation - Minister
Regulations for Ontario Provincial Police (O.P.P.) detachment boards under Part V of the Community Safety and Policing Act, 2019 (CSPA)
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Community Safety and Policing Act, 2019
Summary of Proposal:
Public and stakeholder input is being requested to support the development of regulations that address matters related to O.P.P. detachment boards under Part V of the CSPA, including:
• Composition of O.P.P. detachment boards (Appendix A).
• Establishment of more than one O.P.P. detachment board for certain O.P.P. detachments.
• Creating exemptions from the requirement that an OPP detachment have a detachment board (Appendix B).
• Term of office, remuneration and expenses of members of O.P.P. detachment boards.
• Determination of each municipality's share of the costs of board operation.
The following describes the ministry's proposed approach to various matters to be prescribed in relation to OPP detachment boards.
• Under s. 67 (1), the CSPA requires the creation of one or more than one O.P.P. detachment board for an O.P.P. detachment, in accordance with regulations. Where there is more than one detachment board within a detachment, the proposals below will apply in relation to each detachment board and the portion of the area served by the detachment that is represented by each board, as if each were the detachment board for a separate detachment which served only its portion of the area served by the detachment.
• In accordance with regulations, the CSPA also authorizes exemptions under s. 67 (1.1) from the requirement that there be a detachment board or more than one detachment board. Where there are no detachment boards within a detachment, the detachment shall continue to provide O.P.P.-policing as applicable, without any input from a detachment board.
1. Composition of O.P.P. Detachment Boards:
The regulation will set out the composition of each O.P.P. detachment board including, the number and composition of individuals who are members of a municipal or First Nation council ("council members"), the number of individuals who are not council members but who are appointed by a municipal or First Nation council ("community representatives"), and the number of individuals appointed by the minister ("provincial appointees").
In spring 2021, the Ministry asked all O.P.P. policed municipalities and all First Nations that do not have a self-administered First Nation police service to work together to submit a proposal indicating the composition of a board, or more than one board, that meets the needs of the communities being served by the O.P.P.. The ministry had also received requests that no detachment boards be established from certain communities, which have been reviewed. Locally identified detachment leads played a key role in actively engaging with municipalities and First Nations to develop and submit the detachment board proposals, including allocation of seats and overall composition, which were then received and reviewed by the Ministry of the Solicitor General. The compositions for the O.P.P. detachment boards included in Appendix A reflect extensive local engagement and input. All proposals were subsequently subject to the approval of the Solicitor General of Ontario.
While some detachment board information is still to be finalized, the ministry welcomes any feedback at this time through the Ontario Regulatory Registry (ORR).
2. Term of Office of O.P.P. Detachment Board Members:
The Ministry is proposing the following terms of office for detachment board members appointed by municipalities or First Nations to an OPP detachment board:
• Members appointed by a single municipality or First Nation:
o The term of office will be set out by the municipality or First Nation in the appointment but shall not exceed the term of office of the municipal or First Nation council that appointed the member.
• Members appointed jointly to O.P.P. detachment boards:
o The term of office will be jointly determined by the municipalities and First Nations making the appointment and will be set out in the appointment but cannot exceed a term of four years.
• The member (whether individually or jointly appointed) may continue to sit until the earlier of,
o (a) six months after the expiry of their term of office; or
o (b) the day the member's successor is appointed by the municipality or First Nation.
• Members appointed by the Minister:
o The term of office for a member of an O.P.P. detachment board who is appointed by the Minister shall be set out by the Minister in the member's appointment.
3. Remuneration of O.P.P. Detachment Board Members:
The Ministry is proposing the following requirements for remuneration and expenses of O.P.P. detachment boards:
• Each year, municipalities receiving policing services from an O.P.P. detachment will be required to pay an amount of remuneration for ministerial appointees serving on the board. The amount of remuneration will be determined by unanimous agreement by the municipalities within the detachment area.
• If the municipalities receiving policing services from an O.P.P. detachment are unable to mutually determine the amount of remuneration to be paid to ministerial appointees serving on the board, the minister shall determine the amount to be paid by all municipalities within the detachment area.
• Municipalities receiving policing services from the O.P.P. detachment may also decide to distribute the costs among themselves in a manner different from equal shares. As long as unanimous agreement is maintained, the costs will be shared according to the agreed-upon arrangement among the municipalities within the detachment area.
4. Allocation of Estimated Costs Among Municipalities:
The Ministry is proposing the following as it relates to the allocation of estimated costs among municipalities:
• O.P.P. detachment boards will be required to prepare estimates on an annual basis detailing the total amount necessary to cover the operational expenses of the board, excluding the remuneration of board members.
• Board costs will be allocated equally among all municipalities that receive OPP policing services from the detachment unless the municipalities in the detachment area unanimously decide to allocate the costs among themselves in some other manner. As long as unanimous agreement is maintained, the costs will be shared according to the agreed-upon arrangement among the municipalities in the detachment area.
• Composition of O.P.P. detachment boards (Appendix A).
• Establishment of more than one O.P.P. detachment board for certain O.P.P. detachments.
• Creating exemptions from the requirement that an OPP detachment have a detachment board (Appendix B).
• Term of office, remuneration and expenses of members of O.P.P. detachment boards.
• Determination of each municipality's share of the costs of board operation.
The following describes the ministry's proposed approach to various matters to be prescribed in relation to OPP detachment boards.
• Under s. 67 (1), the CSPA requires the creation of one or more than one O.P.P. detachment board for an O.P.P. detachment, in accordance with regulations. Where there is more than one detachment board within a detachment, the proposals below will apply in relation to each detachment board and the portion of the area served by the detachment that is represented by each board, as if each were the detachment board for a separate detachment which served only its portion of the area served by the detachment.
• In accordance with regulations, the CSPA also authorizes exemptions under s. 67 (1.1) from the requirement that there be a detachment board or more than one detachment board. Where there are no detachment boards within a detachment, the detachment shall continue to provide O.P.P.-policing as applicable, without any input from a detachment board.
1. Composition of O.P.P. Detachment Boards:
The regulation will set out the composition of each O.P.P. detachment board including, the number and composition of individuals who are members of a municipal or First Nation council ("council members"), the number of individuals who are not council members but who are appointed by a municipal or First Nation council ("community representatives"), and the number of individuals appointed by the minister ("provincial appointees").
In spring 2021, the Ministry asked all O.P.P. policed municipalities and all First Nations that do not have a self-administered First Nation police service to work together to submit a proposal indicating the composition of a board, or more than one board, that meets the needs of the communities being served by the O.P.P.. The ministry had also received requests that no detachment boards be established from certain communities, which have been reviewed. Locally identified detachment leads played a key role in actively engaging with municipalities and First Nations to develop and submit the detachment board proposals, including allocation of seats and overall composition, which were then received and reviewed by the Ministry of the Solicitor General. The compositions for the O.P.P. detachment boards included in Appendix A reflect extensive local engagement and input. All proposals were subsequently subject to the approval of the Solicitor General of Ontario.
While some detachment board information is still to be finalized, the ministry welcomes any feedback at this time through the Ontario Regulatory Registry (ORR).
2. Term of Office of O.P.P. Detachment Board Members:
The Ministry is proposing the following terms of office for detachment board members appointed by municipalities or First Nations to an OPP detachment board:
• Members appointed by a single municipality or First Nation:
o The term of office will be set out by the municipality or First Nation in the appointment but shall not exceed the term of office of the municipal or First Nation council that appointed the member.
• Members appointed jointly to O.P.P. detachment boards:
o The term of office will be jointly determined by the municipalities and First Nations making the appointment and will be set out in the appointment but cannot exceed a term of four years.
• The member (whether individually or jointly appointed) may continue to sit until the earlier of,
o (a) six months after the expiry of their term of office; or
o (b) the day the member's successor is appointed by the municipality or First Nation.
• Members appointed by the Minister:
o The term of office for a member of an O.P.P. detachment board who is appointed by the Minister shall be set out by the Minister in the member's appointment.
3. Remuneration of O.P.P. Detachment Board Members:
The Ministry is proposing the following requirements for remuneration and expenses of O.P.P. detachment boards:
• Each year, municipalities receiving policing services from an O.P.P. detachment will be required to pay an amount of remuneration for ministerial appointees serving on the board. The amount of remuneration will be determined by unanimous agreement by the municipalities within the detachment area.
• If the municipalities receiving policing services from an O.P.P. detachment are unable to mutually determine the amount of remuneration to be paid to ministerial appointees serving on the board, the minister shall determine the amount to be paid by all municipalities within the detachment area.
• Municipalities receiving policing services from the O.P.P. detachment may also decide to distribute the costs among themselves in a manner different from equal shares. As long as unanimous agreement is maintained, the costs will be shared according to the agreed-upon arrangement among the municipalities within the detachment area.
4. Allocation of Estimated Costs Among Municipalities:
The Ministry is proposing the following as it relates to the allocation of estimated costs among municipalities:
• O.P.P. detachment boards will be required to prepare estimates on an annual basis detailing the total amount necessary to cover the operational expenses of the board, excluding the remuneration of board members.
• Board costs will be allocated equally among all municipalities that receive OPP policing services from the detachment unless the municipalities in the detachment area unanimously decide to allocate the costs among themselves in some other manner. As long as unanimous agreement is maintained, the costs will be shared according to the agreed-upon arrangement among the municipalities in the detachment area.
Analysis of Regulatory Impact:
SOLGEN may be consulting with stakeholders to identify potential costs associated with the given regulation coming into force.
Further Information:
Appendix A
Proposal Number:
24-SOLGEN002
Posting Date:
January 30, 2024
Comments Due Date:
February 13, 2024
Contact Address:
Ministry of the Solicitor General
Strategic Policy Division
25 Grosvenor Street
Toronto, ON M7A 1Y6
Strategic Policy Division
25 Grosvenor Street
Toronto, ON M7A 1Y6