POLICE SERVICES ACT - Complaints made to the Independent Police Review Director
Public Complaints Made to the Independent Police Review Director
Powers of Independent Police Review Director
56. (1) For the purposes of this Part, the Independent Police Review Director may,
(a) establish procedural rules for anything related to the powers, duties or functions of the Independent Police Review Director under this Part;
(b) establish procedural rules and guidelines for the handling by chiefs of police and boards of complaints made by members of the public under this Part; and
(c) provide guidance to assist chiefs of police and boards in the handling of complaints made by members of the public under this Part. 2007, c. 5, s. 10.
Publicly available
(2) Procedural rules established by the Independent Police Review Director under clause (1) (a) shall be in writing and shall be made available to the public in a readily accessible manner. 2007, c. 5, s. 10.
Not a regulation
(3) A rule or guideline established by the Independent Police Review Director under subsection (1) is not a regulation within the meaning of Part III of the Legislation Act, 2006. 2007, c. 5, ss. 10, 13 (3).
Review of systemic issues
57. In addition to his or her other functions under this Act, the Independent Police Review Director may examine and review issues of a systemic nature that are the subject of, or that give rise to, complaints made by members of the public under this Part and may make recommendations respecting such issues to the Solicitor General, the Attorney General, chiefs of police, boards, or any other person or body. 2007, c. 5, s. 10.
Complaint may be made to Independent Police Review Director
58. (1) Any member of the public may make a complaint under this Part to the Independent Police Review Director about,
(a) the policies of or services provided by a police force; or
(b) the conduct of a police officer. 2007, c. 5, s. 10.
Prohibition
(2) Despite subsection (1), the following persons cannot make a complaint to the Independent Police Review Director:
1. The Solicitor General.
2. An employee in the office of the Independent Police Review Director.
3. A member or employee of the Commission.
4. A member or auxiliary member of a police force, if that police force or another member of that police force is the subject of the complaint.
5. Repealed: 2009, c. 33, Sched. 2, s. 60 (1).
6. A member or employee of a board, if the board is responsible for the police force that is, or a member of which is, the subject of the complaint.
7. A person selected by the council of a municipality to advise another municipality’s board under subsection 6.1 (2), if the board is responsible for the police force that is, or a member of which is, the subject of the complaint.
8. A delegate to a community policing advisory committee established under subsection 5.1 (4), if the community policing advisory committee advises the detachment commander of the Ontario Provincial Police detachment that is, or a member of which is, the subject of the complaint. 2007, c. 5, s. 10; 2009, c. 33, Sched. 2, s. 60 (1).
Complaint through agent
(3) A complainant under subsection (1) may act through an agent in respect of a complaint made under this Part. 2007, c. 5, s. 10.
Public education, assistance
(4) The Independent Police Review Director shall provide publicly accessible information about the public complaints system under this Part and shall arrange for the provision of assistance to members of the public in making a complaint. 2007, c. 5, s. 10.
Interpretation, portion of a complaint
(5) This Part applies to a portion of a complaint as if it were a complaint, unless the context indicates otherwise. 2007, c. 5, s. 10.
Complaints about Ontario police officers acting in another province or territory
58.1 (1) On receipt of a report from a person or body responsible for reviewing complaints about police officers in another province or a territory about a complaint made against an Ontario police officer appointed to act as a police officer in that province or territory, the Solicitor General, a chief of police or a board shall forward the report to the Independent Police Review Director. 2009, c. 30, s. 52.
Same
(2) On receipt of a report described in subsection (1), either directly from the person or body that prepared the report or from the Solicitor General, a chief of police or a board, the Independent Police Review Director shall deal with the complaint under this Part as if it were made by a member of the public in respect of a police officer’s conduct in Ontario. 2009, c. 30, s. 52.
Same
(3) In dealing with a complaint as provided by subsection (2), the complainant, for the purposes of this Part, is the person or entity that brought the complaint in the other province or territory and the person or body that prepared the report. 2009, c. 30, s. 52.
Independent Police Review Director to review complaints
59. (1) The Independent Police Review Director shall review every complaint made to him or her by a member of the public under this Part, and shall determine whether the complaint is about the policies of or services provided by a police force or about the conduct of a police officer. 2007, c. 5, s. 10.
Independent Police Review Director to refer, retain
(2) Subject to section 60, the Independent Police Review Director shall ensure that every complaint reviewed under subsection (1) is referred or retained and dealt with in accordance with section 61. 2007, c. 5, s. 10.
Power of Independent Police Review Director to refuse
60. (1) The Independent Police Review Director may, in accordance with this section, decide not to deal with a complaint made to him or her by a member of the public under this Part. 2007, c. 5, s. 10.
** Limitation, six months
(2) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public if the complaint is made more than six months after the facts on which it is based occurred. 2007, c. 5, s. 10.
Same
(3) In making a determination under subsection (2), the Independent Police Review Director shall consider,
(a) whether the complainant is a minor or is under a disability within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005;
(b) whether the complainant is or was subject to criminal proceedings in respect of the events underlying the complaint; and
(c) whether, having regard to all the circumstances, it is in the public interest for the complaint to be dealt with. 2007, c. 5, s. 10.
Frivolous, vexatious, etc.
(4) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public if, in his or her opinion, one of the following applies:
1. The complaint is frivolous or vexatious or made in bad faith.
2. The complaint could be more appropriately dealt with, in whole or in part, under another Act or other law.
3. Having regard to all the circumstances, dealing with the complaint is not in the public interest. 2007, c. 5, s. 10.
Not affected by policy or service
(5) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public about a policy of or service provided by a police force if the policy or service did not have a direct effect on the complainant. 2007, c. 5, s. 10.
Not affected by conduct
(6) The Independent Police Review Director may decide not to deal with a complaint made by a member of the public about the conduct of a police officer if the complainant is not one of the following:
1. A person at whom the conduct was directed.
2. A person who saw or heard the conduct or its effects as a result of being physically present at the time and place that the conduct or its effects occurred.
3. A person who,
i. was in a personal relationship with a person described in paragraph 1 at the time that the conduct occurred, and
ii. suffered loss, damage, distress, danger or inconvenience as a result of the conduct.
4. A person who has knowledge of the conduct, or has in his or her possession or under his or her control anything relating to the conduct, if, in the Independent Police Review Director’s opinion, the knowledge or thing constitutes compelling evidence that the conduct complained of is misconduct as defined in section 80 or unsatisfactory work performance and the evidence would likely be admissible in a court proceeding. 2007, c. 5, s. 10.
Notice
(7) If the Independent Police Review Director decides not to deal with a complaint, other than a complaint described in subsection (9), in accordance with this section, he or she shall notify the complainant and the chief of police of the police force to which the matter relates in writing of the decision, with reasons, and in the case of the chief of police, shall also give notice of the substance of the complaint. 2009, c. 30, s. 53 (1).
Same
(8) On receipt of a notice under subsection (7) relating to a complaint about the conduct of a police officer other than the chief of police, the chief of police shall promptly notify the police officer who is the subject of the complaint in writing of the substance of the complaint, and of the Independent Police Review Director’s decision not to deal with the complaint, with reasons. 2007, c. 5, s. 10.
Same, officer appointed under Interprovincial Policing Act, 2009
(9) If the Independent Police Review Director decides not to deal with a complaint about the conduct of a police officer appointed under the Interprovincial Policing Act, 2009 in accordance with this section, he or she shall notify the complainant and the appointing official or local commander who appointed the police officer under that Act, or a prescribed appointing official, in writing of the decision, with reasons and the substance of the complaint, 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. 53 (2).
Complaints referred, retained
61. (1) This section applies to every complaint made to the Independent Police Review Director by a member of the public under this Part, unless the Independent Police Review Director has decided not to deal with the complaint in accordance with section 60. 2007, c. 5, s. 10.
Complaints about municipal force policies
(2) A complaint about the policies of or services provided by a municipal police force shall be referred by the Independent Police Review Director to the municipal chief of police and dealt with under section 63. 2007, c. 5, s. 10.
Complaints about local O.P.P. policies
(3) A complaint about the local policies, established under clause 10 (9) (c), of an Ontario Provincial Police detachment that is providing police services pursuant to an agreement entered into under section 10 shall be referred by the Independent Police Review Director to the detachment commander and dealt with under section 64. 2007, c. 5, s. 10.
Complaints about provincial O.P.P. policies, services
(4) A complaint about the provincial policies of the Ontario Provincial Police or about services provided by the Ontario Provincial Police, other than those services provided pursuant to an agreement under section 10, shall be referred by the Independent Police Review Director to the Commissioner and dealt with under section 65. 2007, c. 5, s. 10.
Complaints about officer other than chief
(5) A complaint about the conduct of a police officer, other than a chief of police, deputy chief of police or a police officer appointed under the Interprovincial Policing Act, 2009, shall be,
(a) referred by the Independent Police Review Director to the chief of police of the police force to which the complaint relates and dealt with under section 66;
(b) referred by the Independent Police Review Director to the chief of police of a police force other than the police force to which the complaint relates and dealt with under section 67; or
(c) retained by the Independent Police Review Director and dealt with under section 68. 2009, c. 30, s. 54.
Same, officer appointed under the Interprovincial Policing Act, 2009
(5.1) A complaint about the conduct of a police officer appointed under the Interprovincial Policing Act, 2009 shall be,
(a) referred by the Independent Police Review Director to any chief of police and dealt with under section 68.1; or
(b) retained by the Independent Police Review Director and dealt with under section 68.2. 2009, c. 30, s. 54.
Same
(6) In exercising his or her discretion under subsection (5) or (5.1), the Independent Police Review Director shall consider the nature of the complaint and the public interest. 2009, c. 30, s. 54.
Same
(7) The Independent Police Review Director may, in referring a complaint to a chief of police under subsection (5) or (5.1), direct the chief of police to deal with the complaint as the Independent Police Review Director specifies. 2009, c. 30, s. 54.
Complaints about municipal chief, municipal deputy chief
(8) A complaint about the conduct of a municipal chief of police or a municipal deputy chief of police shall be referred by the Independent Police Review Director to the board and dealt with under section 69. 2007, c. 5, s. 10.
Complaints about Commissioner, deputy Commissioner
(9) A complaint about the conduct of the Commissioner or a deputy Commissioner shall be referred by the Independent Police Review Director to the Solicitor General and dealt with under section 70. 2007, c. 5, s. 10.
Cost of complaints process
(10) If the Independent Police Review Director refers a complaint under clause (5) (b) to a chief of police of a police force other than the police force to which the complaint relates, the police force to which the complaint relates shall pay the costs of the investigation incurred by the police force to which the matter is referred. 2007, c. 5, s. 10.
Notice, conduct complaint
62. (1) If a complaint about the conduct of a police officer is referred under clause 61 (5) (a) to the chief of police of the police force to which the complaint relates, the chief of police shall, on receipt of the complaint, promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint unless,
(a) in the chief of police’s opinion, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the chief of police not to give notice to the police officer. 2007, c. 5, s. 10.
Same
(2) If a complaint about the conduct of a police officer is referred under clause 61 (5) (b) to a chief of police of a police force other than the police force to which the complaint relates, or is retained by the Independent Police Review Director under clause 61 (5) (c), the Independent Police Review Director shall give notice of the substance of the complaint to the chief of police of the police force to which the complaint relates. 2007, c. 5, s. 10.
Same
(3) On receipt of a notice under subsection (2), the chief of police shall promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint unless,
(a) in the chief of police’s opinion, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the chief of police not to give notice to the police officer. 2007, c. 5, s. 10.
Same, officer appointed under the Interprovincial Policing Act, 2009
(3.1) If a complaint about the conduct of a police officer is referred under clause 61 (5.1) (a) to a chief of police or retained by the Independent Police Review Director under clause 61 (5.1) (b), the Independent Police Review Director shall promptly give notice of the substance of the complaint to the appointing official or local commander who appointed the police officer under the Interprovincial Policing Act, 2009, or a prescribed appointing official. 2009, c. 30, s. 55 (1).
Same
(3.2) On receipt of a notice under subsection (3.1), the appointing official or local commander shall promptly give notice of the substance of the complaint to the police officer who is the subject of the complaint and his or her extra-provincial commander unless,
(a) in the opinion of the appointing official or local commander, to do so might prejudice an investigation into the matter; or
(b) the Independent Police Review Director directs the appointing official or local commander not to give notice to the police officer or the extra-provincial commander. 2009, c. 30, s. 55 (1).
Same
(4) The Independent Police Review Director may provide the direction described in clause (1) (b), (3) (b) or (3.2) (b) if, in his or her opinion, providing notice of the complaint to the police officer might prejudice an investigation into the matter. 2007, c. 5, s. 10; 2009, c. 30, s. 55 (2).
Same
(5) If a complaint about the conduct of a municipal chief of police or municipal deputy chief of police is referred under subsection 61 (8) to the board, the board shall give notice of the substance of the complaint to the municipal chief of police or municipal deputy chief of police who is the subject of the complaint unless, in the board’s opinion, to do so might prejudice an investigation into the matter. 2007, c. 5, s. 10.