POLICE SERVICES ACT - Complaints

Review and Investigation of Complaints

Complaints about municipal force policies

63. (1) The chief of police shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (2) and shall take any action, or no action, in response to the complaint as he or she considers appropriate. 2007, c. 5, s. 10.

Disposition

(2) The chief of police shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition. 2007, c. 5, s. 10.

Extension of time

(3) The chief of police may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended. 2007, c. 5, s. 10.

Written report

(4) The chief of police shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons. 2007, c. 5, s. 10.

Request for review by board

(5) A complainant may, within 30 days after receiving the notice under subsection (2), request that the board review the complaint by serving a written request to that effect on the board. 2007, c. 5, s. 10.

Review by board

(6) Upon receiving a written request for a review of a complaint previously dealt with by the chief of police, the board shall,

(a) advise the chief of police of the request;

(b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and

(c) notify the complainant, the chief of police and the Independent Police Review Director in writing of its disposition of the complaint, with reasons. 2007, c. 5, s. 10.

Review by committee of board

(7) A board that is composed of more than three members may appoint a committee of not fewer than three members of the board, two of whom constitute a quorum for the purpose of this subsection, to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate. 2007, c. 5, s. 10.

Public meeting

(8) In conducting a review under this section, the board or the committee of the board may hold a public meeting respecting the complaint. 2007, c. 5, s. 10.

Complaints re local O.P.P. policies

64. (1) The detachment commander shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (3), and shall take any action, or no action, in response to the complaint as he or she considers appropriate. 2007, c. 5, s. 10.

Disposition

(2) The detachment commander shall, within 60 days of the referral of the complaint to him or her, notify the complainant in writing of his or her disposition of the complaint, with reasons, and of the complainant’s right to request that the board review the complaint if the complainant is not satisfied with the disposition. 2007, c. 5, s. 10.

Extension of time

(3) The detachment commander may extend the 60-day period set out in subsection (2) by notifying the complainant in writing of the extension before the expiry of the period being extended. 2007, c. 5, s. 10.

Written report

(4) The detachment commander shall, upon his or her disposition of the complaint, submit a written report to the board and to the Independent Police Review Director respecting the disposition, with reasons. 2007, c. 5, s. 10.

Request for review by board

Review by board

(6) Upon receiving a written request for a review of a complaint previously dealt with by a detachment commander, the board shall,

(a) advise the detachment commander of the request;

(b) subject to subsection (7), review the complaint and take any action, or no action, in response to the complaint, as it considers appropriate; and

(c) notify the complainant, the detachment commander and the Independent Police Review Director in writing of its disposition of the complaint, with reasons. 2007, c. 5, s. 10.

Review by committee of board

Public meeting

(8) In conducting a review under this section, the board or the committee of the board may hold a public meeting into the complaint. 2007, c. 5, s. 10.

Delegation

(9) A detachment commander may delegate any of his or her duties, functions or powers under this section to any police officer who is a member of the detachment. 2007, c. 5, s. 10.

Complaints re provincial O.P.P. policies

65. (1) The Commissioner shall review every complaint that is referred to him or her by the Independent Police Review Director under subsection 61 (4) and shall take any action, or no action, in response to the complaint as he or she considers appropriate. 2007, c. 5, s. 10.

Notice to complainant

(2) The Commissioner shall notify the complainant and the Independent Police Review Director in writing of his or her disposition of the complaint, with reasons. 2007, c. 5, s. 10.

Complaints about police officer’s conduct

66. (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (a) to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10.

Unsubstantiated complaint

(2) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the complainant, the police officer who is the subject of the complaint and the Independent Police Review Director, in writing, together with a copy of the written report, of the decision and of the complainant’s right under subsection 71 (1) to ask the Independent Police Review Director to review the decision within 30 days of receiving the notice. 2007, c. 5, s. 10.

Hearing to be held

(3) Subject to subsection (4), if at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a hearing into the matter. 2007, c. 5, s. 10.

Informal resolution

(4) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing, if the police officer and the complainant consent to the proposed resolution. 2007, c. 5, s. 10.

Notice

(5) Before resolving the matter informally, the chief of police shall notify the complainant and the police officer, in writing, of his or her opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may, under subsection 71 (1), ask the Independent Police Review Director to review this decision within 30 days of receiving such notification. 2007, c. 5, s. 10.

No informal resolution until after Independent Police Review Director’s review

(6) The chief of police shall take no action to resolve the matter informally until,

(a) the 30-day period in which the complainant may ask for a review has expired, without a review being requested; or

(b) if the complainant asked for a review within the 30-day period, the Independent Police Review Director has completed its review and then, only if the Independent Police Review Director’s decision is such that there may be an informal resolution of the complaint. 2007, c. 5, s. 10.

Same

(7) Despite subsection (6), if the complainant notifies the chief of police in writing that he or she will not ask the Independent Police Review Director to conduct a review, the chief of police shall attempt to resolve the matter informally promptly after receiving such notification from the complainant. 2007, c. 5, s. 10.

Consent of police officer or complainant

(8) A police officer or a complainant who consents to a proposed resolution under subsection (4) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given. 2007, c. 5, s. 10.

Notice

(9) If a police officer and a complainant consent to the informal resolution of a matter and the consent is not revoked by the police officer or the complainant within the period referred to in subsection (8), the chief of police shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require. 2007, c. 5, s. 10.

Disposition without a hearing

(10) If consent to the informal resolution of a matter is not given or is revoked under subsection (8), the following rules apply:

1. The chief of police shall provide the police officer with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.

2. Subject to paragraph 3, the chief of police may impose on the police officer a penalty described in clause 85 (1) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the police officer’s reply to be made in his or her employment record.

3. If the police officer refuses to accept the penalty imposed or action taken, the chief of police shall not impose a penalty or take any other action or cause any entry to be made in the police officer’s employment record, but shall hold a hearing under subsection (3). 2007, c. 5, s. 10.

Notice

(11) The chief of police shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (10). 2007, c. 5, s. 10.

Employment record expunged

(12) An entry made in the police officer’s employment record under paragraph 2 of subsection (10) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 2007, c. 5, s. 10.

Agreement

(13) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (3). 2007, c. 5, s. 10.

Complaints about police officer’s conduct, investigation by other police force

67. (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (b) to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10.

Same

(2) The chief of police shall submit the written report to the chief of police of the police force to which the complaint relates, who shall deal with the written report as if it had been submitted to him or her under section 66. 2007, c. 5, s. 10.

Complaints about police officer’s conduct, Independent Police Review Director investigation

68. (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5) (c) to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10.

Unsubstantiated complaint

(2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the chief of police of the police force to which the complaint relates and the chief of police shall take no action in response to the complaint and shall notify the complainant and the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report. 2007, c. 5, s. 10.

Matter referred to chief of police

Same

(4) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the chief of police under subsection (3), shall so indicate. 2007, c. 5, s. 10.

Chief of police to hold hearing

(5) Subject to subsection (6), the chief of police shall hold a hearing into a matter referred to him or her under subsection (3) by the Independent Police Review Director. 2007, c. 5, s. 10.

Informal resolution

(6) If on the review of the written report the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing if the police officer and the complainant consent to the proposed resolution. 2007, c. 5, s. 10.

Same

(7) Subsections 66 (8), (9), (10), (11), (12) and (13) apply, with necessary modifications, in relation to an informal resolution under subsection (6). 2007, c. 5, s. 10.

Complaints about conduct of officer appointed under Interprovincial Policing Act, 2009, investigation by police force

68.1 (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5.1) (a) to be investigated and the investigation to be reported on in a written report. 2009, c. 30, s. 56.

Same

(2) The chief of police shall submit the written report to the Independent Police Review Director who shall deal with the written report as if it had been prepared by him or her under section 68.2. The chief of police may also forward to the Independent Police Review Director any other information related to the complaint, as he or she considers appropriate or as the Independent Police Review Director may request. 2009, c. 30, s. 56.

Complaints about conduct of officer appointed under Interprovincial Policing Act, 2009, Independent Police Review Director investigation

68.2 (1) The Independent Police Review Director shall cause every complaint retained by him or her under clause 61 (5.1) (b) to be investigated and the investigation to be reported on in a written report. 2009, c. 30, s. 56.

Unsubstantiated complaint

(2) If at the conclusion of the investigation the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, together with a copy of the written report, and the appointing official or local commander shall in turn give the same notification to the police officer who is the subject of the complaint and his or her extra-provincial commander. 2009, c. 30, s. 56.

Matter referred to extra-provincial complaints body

(3) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the police officer who is the subject of the complaint constitutes misconduct as defined in section 80, he or she shall refer the matter, together with a copy of the written report, to the person or body that is responsible for complaints made against the police officer in the province or territory where he or she was employed as a police officer at the time of his or her appointment under theInterprovincial Policing Act, 2009 and shall notify the complainant and the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official, that the matter has been so referred, together with a copy of the written report. The Independent Police Review Director may also forward to the person or body that is responsible for complaints against the police officer any other information related to the complaint, as he or she considers appropriate. 2009, c. 30, s. 56.

Same

(4) On receipt of the notice under subsection (3), the appointing official or local commander shall in turn notify the police officer who is the subject of the complaint and his or her extra-provincial commander that the matter has been referred, together with the written report. 2009, c. 30, s. 56.

Same

(5) If the Independent Police Review Director is of the opinion that the conduct of the police officer constitutes misconduct that is not of a serious nature, he or she shall forward that opinion in referring the matter to the person or body in the other province or territory under subsection (3). 2009, c. 30, s. 56.

Complaints about municipal chief’s, municipal deputy chief’s conduct

69. (1) The board shall review every complaint referred to it by the Independent Police Review Director under subsection 61 (8). 2007, c. 5, s. 10.

Investigation by Independent Police Review Director

(2) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Independent Police Review Director to cause the complaint to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10.

Same

(3) The board shall pay the costs of an investigation conducted under subsection (2). 2007, c. 5, s. 10.

Notice, no action taken

(4) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint is not of a type described in subsection (2), the board shall take no action in response to the complaint and shall notify the complainant, the chief of police or deputy chief of police and the Independent Police Review Director in writing of the decision, with reasons. 2007, c. 5, s. 10.

Unsubstantiated complaint

(5) If at the conclusion of the investigation of a complaint under subsection (2) the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the complainant and the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report. 2007, c. 5, s. 10.

Matter referred to board

(6) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board. 2007, c. 5, s. 10.

Same

(7) If the Independent Police Review Director is of the opinion that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the board under subsection (6), shall so indicate. 2007, c. 5, s. 10.

Board or Commission to hold hearing

(8) Subject to subsection (9), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing. 2007, c. 5, s. 10.

Informal resolution

(9) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police and the complainant consent to the proposed resolution. 2007, c. 5, s. 10.

Consent of chief, deputy chief or complainant

(10) A chief of police or deputy chief of police or a complainant who consents to a proposed resolution under subsection (9) may revoke the consent by notifying the board in writing of the revocation no later than 12 business days after the day on which the consent is given. 2007, c. 5, s. 10.

Notice

(11) If a chief of police or deputy chief of police and a complainant consent to the informal resolution of a matter and the consent is not revoked by the chief of police, deputy chief of police or complainant within the period referred to in subsection (10), the board shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require. 2007, c. 5, s. 10.

Disposition without a hearing

(12) If consent to the informal resolution of a matter is not given or is revoked under subsection (10), the following rules apply:

1. The board shall provide the chief of police or deputy chief of police with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.

2. Subject to paragraph 3, the board may impose on the chief of police or deputy chief of police a penalty described in clause 85 (2) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the chief of police’s or deputy chief of police’s reply to be made in his or her employment record.

3. If the chief of police or deputy chief of police refuses to accept the penalty imposed or action taken, the board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing, under subsection (8). 2007, c. 5, s. 10.

Notice

(13) The board shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (12). 2007, c. 5, s. 10.

Employment record expunged

(14) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (12) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 2007, c. 5, s. 10.

Agreement

(15) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (8). 2007, c. 5, s. 10.

Complaints about Commissioner’s, deputy Commissioner’s conduct

70. The Solicitor General shall deal with all complaints referred to him or her by the Independent Police Review Director under subsection 61 (9) as he or she sees fit and there is no appeal from a decision or action taken by the Solicitor General under this section. 2007, c. 5, s. 10.

Request for review by Independent Police Review Director

71. (1) If a complainant has been notified under subsection 66 (2) that his or her complaint is unsubstantiated or under subsection 66 (5) that the conduct he or she complained of has been determined to be not of a serious nature, the complainant may, within 30 days of such notification, ask the Independent Police Review Director to review the decision. 2007, c. 5, s. 10.

Review by Independent Police Review Director

(2) Upon receiving a request to review under subsection (1), the Independent Police Review Director shall review the decision, taking into account any material provided by the complainant or the chief of police, and shall endeavour to complete its review within 30 days of receiving the request, but the Independent Police Review Director shall not hold a hearing into the matter. 2007, c. 5, s. 10.

Powers of Independent Police Review Director on review

(3) Upon completion of the review of a decision, the Independent Police Review Director may,

(a) confirm the decision;

(b) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies;

(c) assign the investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force to which the complaint relates;

(d) take over the investigation of the complaint; or

(e) take or require to be taken any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances. 2007, c. 5, s. 10.

Costs

(4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (3) (c), the police force to which the complaint relates shall pay the costs of the investigation or hearing incurred by the police force to which the matter is assigned. 2007, c. 5, s. 10.

Notice

(5) The Independent Police Review Director shall notify the complainant, the chief of police and the police officer who is the subject of the complaint of its decision and the action taken by him or her under subsection (3). 2007, c. 5, s. 10.

Public complaints may be directed

72. (1) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a police officer other than a chief of police or deputy chief of police, at any time after the complaint is referred to a chief of police under clause 61 (5) (a) or (b) and before a hearing under subsection 66 (3) or 68 (5) in respect of the complaint is commenced,

(a) direct the chief of police to deal with the complaint as the Independent Police Review Director specifies;

(b) assign the investigation of the complaint or the conduct of a hearing in respect of the complaint to the chief of police of a police force other than the police force to which the complaint relates;

(d) take or require to be taken by the chief of police any other action with respect to the complaint that the Independent Police Review Director considers necessary in the circumstances. 2007, c. 5, s. 10.

Same

(2) The powers of the Independent Police Review Director described under subsection (1) are in addition to any other powers of the Independent Police Review Director under this Act, including but not limited to those set out in subsection 61 (7). 2007, c. 5, s. 10.

Same

(3) The Independent Police Review Director may, with respect to a complaint made by a member of the public under this Part about the conduct of a chief of police or deputy chief of police, at any time after the complaint is referred to a board under subsection 61 (8) and before a hearing under subsection 69 (8) in respect of the complaint is commenced,

(a) direct the board to deal with the complaint as he or she specifies;

(b) assign the conduct of a hearing in respect of a complaint to the Commission; or

(c) take or require to be taken by the board any other action with respect to the complaint that he or she considers necessary in the circumstances. 2007, c. 5, s. 10.

Costs

(4) If the Independent Police Review Director assigns the investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force under clause (1) (b), the police force to which the complaint relates shall pay the costs of the investigation or hearing incurred by the police force to which the matter is assigned. 2007, c. 5, s. 10.

Duty if directed by Independent Police Review Director

73. (1) If the Independent Police Review Director directs under subsection 61 (7) or clause 71 (3) (b), 72 (1) (a) or (3) (a) that a complaint is to be dealt with as specified, the chief of police or board, as the case may be, shall promptly so deal with the complaint. 2007, c. 5, s. 10.

Same

(2) If the Independent Police Review Director requires under clause 71 (3) (e), 72 (1) (d) or (3) (c) that a chief of police or board take an action with respect to a complaint, the chief of police or board, as the case may be, shall promptly cause such action to be taken. 2007, c. 5, s. 10.

Withdrawal of Public Complaints

Withdrawing a public complaint

74. (1) A complainant who has made a complaint under subsection 58 (1) may withdraw his or her complaint on notice to the Independent Police Review Director, unless a hearing in respect of the complaint has commenced. 2007, c. 5, s. 10.

Notice

(2) If a complaint is withdrawn under subsection (1), the Independent Police Review Director shall promptly give notice of the fact of the withdrawal to,

(a) the chief of police of the police force to which the complaint relates, in the case of a complaint about a policy of or service provided by the police force, or about the conduct of a police officer other than a chief of police or deputy chief of police;

(b) the board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police; or

(c) the Solicitor General, in the case of a complaint about the conduct of the Commissioner or a deputy Commissioner. 2007, c. 5, s. 10.

Same

(3) Subject to subsections (4), (5) and (6), if a chief of police or board is notified under subsection (2) of the withdrawal of a complaint about the conduct of a police officer, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal from the Independent Police Review Director, notify the police officer who is the subject of the complaint of the fact. 2007, c. 5, s. 10.

Complaint may be continued

(4) The chief of police or board may continue to deal with a complaint after the complaint is withdrawn under subsection (1) if the chief of police or board, as the case may be, determines within 30 days of receiving the notice of withdrawal that it is appropriate to do so. 2007, c. 5, s. 10.

Same

(5) In the case of a complaint about the conduct of a police officer, a complaint continued under subsection (4) shall be dealt with as if it had been made by the chief of police under subsection 76 (1) or by the board under subsection 77 (1), as the case may be. 2007, c. 5, s. 10.

Notice

(6) If the chief of police or board continues to deal with a complaint about the conduct of a police officer after it is withdrawn, the chief of police or board, as the case may be, shall, within 30 days after receiving the notice of withdrawal, notify the police officer who is the subject of the complaint of the withdrawal and the continuance of the complaint unless, in the chief of police’s or board’s opinion, to do so might prejudice an investigation into the matter. 2007, c. 5, s. 10.

Withdrawal during hearing

75. (1) Despite subsection 74 (1), a complainant may withdraw his or her complaint after a hearing in respect of the complaint has commenced, if the following persons consent to the withdrawal:

1. The Independent Police Review Director.

2. The chief of police, in the case of a complaint about the conduct of a police officer other than a chief of police or deputy chief of police.

3. The board, in the case of a complaint about the conduct of a municipal chief of police or municipal deputy chief of police. 2007, c. 5, s. 10.

Same

(2) Subsections 74 (2) to (6) do not apply to a complaint withdrawn in accordance with subsection (1). 2007, c. 5, s. 10.

Internal Complaints

Complaints by chief

76. (1) A chief of police may make a complaint under this section about the conduct of a police officer employed by his or her police force, other than the deputy chief of police, and shall cause the complaint to be investigated and the investigation to be reported on in a written report. 2007, c. 5, s. 10; 2009, c. 30, s. 57.

Same

(2) A chief of police who makes a complaint under subsection (1) is not a complainant for the purposes of this Part. 2007, c. 5, s. 10.

Notice

(3) Upon making a complaint about the conduct of a police officer, the chief of police shall promptly give notice of the substance of the complaint to the police officer unless, in the chief of police’s opinion, to do so might prejudice an investigation into the matter. 2007, c. 5, s. 10.

Investigation assigned to another police force

(4) A municipal chief of police may, with the approval of the board and on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the police force to which the complaint relates. 2007, c. 5, s. 10.

Same, re O.P.P. officer

(5) In the case of a complaint about the conduct of a police officer who is a member of the Ontario Provincial Police, the Commissioner may, on written notice to the Commission, ask the chief of police of another police force to cause the complaint to be investigated and to report, in writing, back to him or her at the expense of the Ontario Provincial Police. 2007, c. 5, s. 10.

Same, more than one force involved

(6) If the complaint is about an incident that involved the conduct of two or more police officers who are members of different police forces, the chiefs of police whose police officers are the subjects of the complaint shall agree on which police force, which may be one of the police forces whose police officer is a subject of the complaint or another police force, is to investigate the complaint and report, in writing, back to the other chief or chiefs of police and how the cost of the investigation is to be shared. 2007, c. 5, s. 10.

Same

(7) If the chiefs of police cannot agree under subsection (6), the Commission shall decide how the cost of the investigation is to be shared and,

(a) shall decide which of the chiefs of police whose police officer is a subject of the complaint shall cause the complaint to be investigated and report in writing back to the other chief or chiefs of police; or

(b) shall ask another chief of police to cause the complaint to be investigated and to report back in writing to the chiefs of police. 2007, c. 5, s. 10.

Unsubstantiated complaint

(8) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the police officer who is the subject of the complaint in writing of the decision, together with a copy of the written report. 2007, c. 5, s. 10.

Hearing to be held

(9) Subject to subsection (10), if at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a hearing into the matter. 2007, c. 5, s. 10.

Informal resolution

(10) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing, if the police officer consents to the proposed resolution. 2007, c. 5, s. 10.

Consent of police officer

(11) A police officer who consents to a proposed resolution under subsection (10) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given. 2007, c. 5, s. 10.

Disposition without a hearing

(12) If an informal resolution of the matter is attempted but not achieved, the following rules apply:

1. The chief of police shall provide the police officer with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.

Employment record expunged

(13) An entry made in the police officer’s employment record under paragraph 2 of subsection (12) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 2007, c. 5, s. 10.

Agreement

(14) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (9). 2007, c. 5, s. 10.

Complaints by board

77. (1) A board may make a complaint under this section about the conduct of the municipal chief of police or municipal deputy chief of police and shall review such complaint. 2007, c. 5, s. 10.

Same

(2) A board that makes a complaint under subsection (1) is not a complainant for the purposes of this Part. 2007, c. 5, s. 10.

Notice

(3) Upon making a complaint about the conduct of a chief of police or deputy chief of police, the board shall promptly give notice of the substance of the complaint to the chief of police or deputy chief of police unless, in the board’s opinion, to do so might prejudice an investigation into the matter. 2007, c. 5, s. 10.

Investigation assigned to another police force

(4) If at the conclusion of the review the board is of the opinion that the chief of police’s or deputy chief of police’s conduct may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Commission to assign the chief of police of another police force to cause the complaint to be investigated promptly and the investigation to be reported on in a written report at the board’s expense. 2007, c. 5, s. 10.

Unsubstantiated complaint

(5) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force is of the opinion that the complaint is unsubstantiated, the chief of police shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report. 2007, c. 5, s. 10.

Matter referred to board

(6) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force believes on reasonable grounds that the conduct of the chief of police or deputy chief of police under investigation constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board. 2007, c. 5, s. 10.

Board or Commission to hold hearing

(7) Subject to subsection (8), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing. 2007, c. 5, s. 10.

Informal resolution

(8) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police consents to the proposed resolution. 2007, c. 5, s. 10.

Disposition without a hearing

(9) If an informal resolution of the matter is attempted but not achieved, the following rules apply:

1. The board shall provide the chief of police or deputy chief of police with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing.

Employment record expunged

(10) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (9) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part. 2007, c. 5, s. 10.

Agreement

(11) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (7). 2007, c. 5, s. 10.

Internal complaints may be directed

78. (1) The Commission may, in respect of a complaint made by a chief of police under section 76 or by a board under section 77, at any stage in the complaints process direct the chief of police or board, as the case may be, to deal with the complaint as it specifies or assign the review or investigation of the complaint or the conduct of a hearing in respect of the complaint to a police force other than the police force to which the complaint relates. 2007, c. 5, s. 10.

Duty

(2) If the Commission directs that a complaint is to be dealt with as specified, the chief of police or board, as the case may be, shall promptly so deal with the complaint. 2007, c. 5, s. 10.

Costs

(3) If the Commission assigns the review or investigation of a complaint or the conduct of a hearing in respect of a complaint to a police force, the police force to which the complaint relates shall pay the costs of the review, investigation or hearing incurred by the police force to which the matter is assigned. 2007, c. 5, s. 10.

Offences

Offences re complaints

79. (1) No person shall harass, coerce or intimidate, or attempt to harass, coerce or intimidate, any other person in relation to a complaint that is made under this Part. 2007, c. 5, s. 10.

Same

(2) No person shall intentionally hinder or obstruct or attempt to hinder or obstruct the Independent Police Review Director or an investigator appointed by the Independent Police Review Director in the performance of his or her duties under this Act, or furnish him or her with false information. 2007, c. 5, s. 10.

Penalty

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both. 2007, c. 5, s. 10.

Consent of Attorney General required

(4) No prosecution shall be instituted under this section without the consent of the Attorney General. 2007, c. 5, s. 10.