POLICE SERVICES ACT -Independent Police Review Director
Establishment of Independent Police Review Director
Appointment of Independent Police Review Director
26.1 (1) There shall be an Independent Police Review Director, who shall be appointed by the Lieutenant Governor in Council, on the recommendation of the Attorney General. 2007, c. 5, s. 8.
Restriction
(2) A person who is a police officer or former police officer shall not be appointed as Independent Police Review Director. 2007, c. 5, s. 8.
Remuneration
(3) The Independent Police Review Director shall be paid such remuneration and allowance for expenses as may be fixed by the Lieutenant Governor in Council. 2007, c. 5, s. 8.
Employees
(4) Such employees as the Independent Police Review Director considers necessary to carry out his or her duties may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 131 (3); 2007, c. 5, s. 8.
Restriction
(5) A person who is a police officer shall not be appointed as an employee in the office of the Independent Police Review Director. 2007, c. 5, s. 8.
Delegation
(6) The Independent Police Review Director may in writing delegate any of his or her powers, duties or functions under this Act to an employee in his or her office, subject to such conditions as the Independent Police Review Director may set out in the delegation. 2007, c. 5, s. 8.
Regional offices
(7) The Independent Police Review Director may establish regional offices, and anything that is given to the Independent Police Review Director under this Act may be given at one of the regional offices. 2007, c. 5, s. 8.
Annual report
(8) After the end of each year, the Independent Police Review Director shall file with the Attorney General an annual report on the affairs of the office of the Independent Police Review Director, and shall make the report available to the public. 2007, c. 5, s. 8.
Confidentiality
(9) The Independent Police Review Director, any employee in the office of the Independent Police Review Director, any investigator appointed under subsection 26.5 (1) and any person exercising powers or performing duties at the direction of the Independent Police Review Director shall preserve secrecy in respect of all information obtained in the course of his or her duties under this Act and shall not communicate any such information to any person except,
(a) as may be required in connection with the administration of this Act and the regulations;
(b) to his or her counsel;
(c) as may be required for law enforcement purposes; or
(d) with the consent of the person, if any, to whom the information relates. 2007, c. 5, s. 8.
Testimony
(10) The Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director shall not be required to give testimony in a civil proceeding with regard to information obtained in the course of his or her duties, except at a hearing held under Part V. 2007, c. 5, s. 8.
Inadmissibility of documents
(11) A document prepared in the course of his or her duties under this Act by the Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director is not admissible in a civil proceeding, except at a hearing held under Part V. 2007, c. 5, s. 8.
Immunity
(12) No action or other proceeding for damages lies or shall be instituted against the Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director, for any act done in good faith in the execution or intended execution of any power or the performance or intended performance of any duty under this Act or for any alleged neglect or default in the execution or performance in good faith of that power or duty. 2007, c. 5, s. 8.
Functions of the Independent Police Review Director
26.2 The functions of the Independent Police Review Director are,
(a) to manage complaints made to him or her by members of the public in accordance with Part V and the regulations; and
(b) to exercise such powers and perform such duties of the Independent Police Review Director as may be prescribed under paragraph 4.1 of subsection 135 (1). 2007, c. 5, s. 8.
Chief to designate liaison
26.3 Every chief of police shall designate a senior officer, as defined in section 114, within his or her police force to serve as a liaison with the Independent Police Review Director. 2007, c. 5, s. 8.
Investigation Powers
Application of Public Inquiries Act, 2009
26.4 Section 33 of the Public Inquiries Act, 2009 applies to an investigation or review under this Act by the Independent Police Review Director or by an investigator appointed under subsection 26.5 (1) or an employee in the office of the Independent Police Review Director who is conducting an investigation or review on behalf of the Independent Police Review Director. 2009, c. 33, Sched. 6, s. 78 (3).
Investigators
26.5 (1) The Independent Police Review Director may appoint as investigators such employees in his or her office or other persons as he or she considers necessary to carry out investigations under Part V or the regulations, and such appointments shall be in writing. 2007, c. 5, s. 8.
Proof of appointment
(2) An investigator shall, when exercising his or her powers of investigation under this Act, produce the appointment if requested to do so. 2007, c. 5, s. 8.
Investigation powers, police premises
26.6 (1) If an investigator believes that to do so is necessary for the purposes of an investigation under this Act, he or she may, on notice to the chief of police or detachment commander of a police force, enter and search the station or detachment of that police force, including any vehicle that is owned by the police force wherever it may be located, at any reasonable time. 2007, c. 5, s. 8.
Powers on entry
(2) An investigator conducting an investigation at a station or detachment of a police force may,
(a) require a person to produce or provide access to any record, thing, data or information that relates to the investigation;
(b) search for, examine, copy or remove any record, thing, data or information that relates to the investigation; and
(c) use any data storage, processing or retrieval device or system used at or available to the premises in order to produce, in readable form, any record, data or information that relates to the investigation. 2007, c. 5, s. 8.
Expert help
(3) The investigator may be accompanied and assisted by persons who have special, expert or professional knowledge. 2007, c. 5, s. 8.
Obligation to produce and assist
(4) If the investigator requires that a person produce or provide access to a record, thing, data or information, the person shall do so in the manner and within the period specified by the investigator and shall, if requested to do so, provide any assistance that is reasonably necessary to permit the investigator to understand the record, thing, data or information. 2007, c. 5, s. 8.
No force
(5) The investigator shall not use force to enter and search a station or detachment of a police force under this section. 2007, c. 5, s. 8.
Order
(6) A justice of the peace or provincial judge may, on application by the investigator without notice, issue an order authorizing an investigator to enter and search premises described in subsection (1) and to exercise any of the powers set out in subsection (2), (3) or (4) if the justice of the peace or provincial judge, as the case may be, is satisfied on information under oath that there are reasonable grounds to suspect that,
(a) the investigator has been prevented from exercising a right of entry to the premises under subsection (1) or has been prevented from exercising a power under subsection (2), (3) or (4); or
(b) the investigator will likely be prevented from exercising a right of entry to the premises under subsection (1) or will likely be prevented from exercising a power under subsection (2), (3) or (4). 2007, c. 5, s. 8.
Conditions
(7) The order may contain terms and conditions in addition to those provided for in subsection (6) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. 2007, c. 5, s. 8.
Expiry of order
(8) The order is valid for 30 days or for such shorter period as may be specified in it. 2007, c. 5, s. 8.
Further orders
(9) A justice of the peace or provincial judge may issue further orders under subsection (6). 2007, c. 5, s. 8.
Use of force
(10) The investigator named in the order may use whatever force is necessary to execute the order and may call upon a police officer for assistance in executing the order. 2007, c. 5, s. 8.
Investigation powers, other premises
26.7 (1) A justice of the peace or a provincial judge may, on application by an investigator without notice, issue an order in relation to a place other than one to which section 26.6 applies authorizing the investigator to enter the place for which the order is issued and exercise any of the powers set out in the order in relation to a record, thing, data or information listed in the order if the justice of the peace or provincial judge, as the case may be, is satisfied by information under oath that,
(a) the investigation relates to the conduct of a police officer;
(b) there are reasonable grounds to believe that the conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance;
(c) there are reasonable grounds to believe that there is in the place a record, thing, data or information that relates to the investigation; and
(d) it is in the best interests of the administration of justice to issue the order having regard to all relevant matters, including the nature of the place sought to be entered. 2007, c. 5, s. 8.
Powers on entry
(2) The order may, in relation to the investigation, authorize the investigator to exercise any or all of the powers set out in subsection 26.6 (2). 2007, c. 5, s. 8.
Dwelling
(3) Despite subsection (1), the investigator shall not exercise the power under an order to enter a place or part of a place used as a dwelling, unless the justice of the peace or provincial judge is informed that the order is being sought to authorize entry into a dwelling and the order authorizes the entry into the dwelling. 2007, c. 5, s. 8.
Expert help
(4) The order issued under subsection (1) may authorize persons who have special, expert or professional knowledge to accompany and assist the investigator in the execution of the order. 2007, c. 5, s. 8.
Conditions
(5) The order may contain terms and conditions in addition to those provided for in this section as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. 2007, c. 5, s. 8.
Time of execution
(6) The order shall be executed between 6 a.m. and 9 p.m., unless the order specifies otherwise 2007, c. 5, s. 8.
Expiry of order
(7) The order is valid for 30 days or for such shorter period as may be specified in it. 2007, c. 5, s. 8.
Further orders
(8) A justice of the peace or provincial judge may issue further orders under subsection (1). 2007, c. 5, s. 8.
Use of force
(9) The investigator named in the order may use whatever force is necessary to execute the order and may call upon a police officer for assistance in executing the order. 2007, c. 5, s. 8.
Definition
(10) In this section,
“place” includes a building, a receptacle and a vehicle. 2007, c. 5, s. 8.
Records or things removed
26.8 (1) In removing a record or other thing while acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) or 26.7 (1), an investigator shall give a receipt to the person from whom the record or thing is removed. 2007, c. 5, s. 8.
Detention of record or thing
(2) A record or other thing removed by an investigator acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) may be detained by him or her. 2007, c. 5, s. 8.
Same
(3) The investigator shall return within a reasonable time a record or other thing detained by him or her under subsection (2) to the person from whom the record or thing was removed if the investigator is satisfied that it is no longer necessary to detain the record or thing for the purposes of the investigation or any proceeding under this Act arising from the investigation. 2007, c. 5, s. 8.
Same
(4) Where an investigator has removed a record or other thing under an order issued under subsection 26.7 (1), the investigator, or a person designated by him or her, shall as soon as is reasonably possible,
(a) bring the record or thing before a justice of the peace or provincial judge; or
(b) make a report of the removal of the record or thing to a justice of the peace or provincial judge. 2007, c. 5, s. 8.
Same
(5) When, under subsection (4), a record or other thing that has been removed is brought before a justice of the peace or provincial judge, or a report in respect of it is made to a justice of the peace or provincial judge, he or she shall,
(a) if he or she is satisfied that the record or thing should be detained for the purposes of an investigation or proceeding under this Act arising from the investigation, order that it be detained in the care of the investigator or a person designated by the investigator, or in the care of a person designated by the Independent Police Review Director, until the conclusion of the investigation or proceeding, if any; or
(b) in any other case, order that the record or thing be returned to the person from whom it was removed. 2007, c. 5, s. 8.
Same
(6) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the examination, testing, inspection or copying of the record or thing, and may specify in the order such conditions as are reasonably necessary in the circumstances. 2007, c. 5, s. 8.
Same
(7) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the release of the record or thing to the person from whom it was removed, if it appears that the record or thing is no longer necessary for the purposes of the investigation or any proceeding under this Act arising from the investigation. 2007, c. 5, s. 8.
Same
(8) Subsection 159 (5) of the Provincial Offences Act applies, with necessary modifications, to an order made under subsection (6) or (7). 2007, c. 5, s. 8.
Copy admissible in evidence
26.9 A copy of a record or other thing that purports to be certified by the investigator as being a true copy of the original is, in the absence of proof to the contrary, admissible in evidence to the same extent as the original, and has the same evidentiary value. 2007, c. 5, s. 8.