Report to District Municipality Muskoka

Corporate and Emergency Services Committee

24 July 2014

Prepared by : Micheal Armstrong

705.571.1641

CES-8-2014-DEL-A

Table of Contents

Executive Summary ........................................................................................................................3

Background .....................................................................................................................................5

Adequacy and Effectiveness ...........................................................................................................6

Policing Functions in Muskoka ......................................................................................................9

Adjusting Service Levels to Reduce Cost .....................................................................................10

Viability of Small Police Forces ...................................................................................................11

Appendix 1: Ont. Reg. 3/99 ..........................................................................................................14

Appendix 2: Police Services Act, Sec. 4 - 10 ...............................................................................28

Appendix 3: Municipal Act Sec. 191 - 192 ..................................................................................36

Appendix 4: Policing Costs for Self-Policed Municipalities ........................................................38

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Executive Summary

In this report I was asked to explain three policing issues as they pertain to the District Municipality of Muskoka and to provide an opinion on the viability of small police forces. The three questions are:

a) Explain the requirements under the Police Services Act of providing adequate and effective police services. There are 5 core police services identified in section 4(2): crime prevention, law enforcement, assistance to victims of crime, public order maintenance and emergency response. Explain how the adequacy and effectiveness of services in these categories is determined. b) Explain how policing would function at the regional government level (District), if one municipality chooses to manage police services on its own.c) Explain what a municipality can do to adjust service levels and reduce the cost of

policing.

a) Adequacy and Effectiveness

The requirements for adequacy and effectiveness of police services are laid out in broad terms in the Police Services Act (PSA) under Ontario Regulation 3/99. Using these broad terms municipal police services boards work with their Police Chief develop a business plan for the police service to outline how they will deliver service that will meet the needs of the community. In the case of the Ontario Provincial Police the Commissioner is responsible for developing a business plan to ensure the organization is delivering adequate and effective service to its communities. Oversight for municipal police service on business plans and adequacy is through the Policing Services Division of the Ministry of Community Safety and Correctional Services (MCSCS) and through the Ontario Civilian Police Commission. Policing Services Division is responsible for auditing municipal police services. The Ontario Provincial Police is overseen directly by MCSCS and the Ontario Auditor General.

b) Policing Functions in Muskoka

This question hinges on the ability of one of the area municipalities to opt out of the current policing regime as set up in the Police Services Act. When the Police Services Act was amended in 1997 policing in Muskoka was set up as an upper-tier function. The language was very specific that area municipalities were not responsible for policing it was a district responsibility. The act was amended in 2009 and the language for Section 4 was changed, however there is no indication that the intent of the section was changed. Policing is not one of the 11 spheres of municipal responsibility outlined in the Municipal Act. To change the current structure of policing in Muskoka would likely require an amendment to the Police Services Act. In the past the government has only amended this act every 10 to 12 years.

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c) Adjusting Service Levels to Reduce Cost

Muskoka currently receives policing through the Ontario Provincial Police under Section 5.1 of the Police Services Act. Under this arrangement there is no contract with the OPP. The Ontario Provincial Police provides a basic service level to all municipalities that do not have their own police service or a PSA Section 10 contract. As a result under the current arrangement with basic service there is no opportunity to adjust service levels. If the municipality entered into a Section 10 contract with the OPP it would have to set up a police services board which could negotiate service levels, however those service levels would start with current levels and could only be enhanced. The district would be in a position of also having the increased cost of a police services board.

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Background

Prior to the amendment of the Police Services Act in 1997 the District Municipality of Muskoka, like many municipalities, was not billed directly for policing. The policing across the province was paid for directly by the province but many municipalities received reduced transfer payments as a result.

With the amendment of the Police Services Act the District Municipality became responsible for providing and paying for policing. At that time the District made the decision to receive policing from the Ontario Provincial Police on a Section 5.1 basis rather than entering into a Section 10 contract. A governance model for policing was also created by then CAO Jim Green working with the OPP Contract Policing section.

The Police Services Act gives municipalities the option of providing policing through their own police service, through contracting or amalgamating with another municipal police service or through receiving policing through the OPP with or without a contract.

Muskoka is served by three OPP Detachments, located in Bracebridge, Huntsville and Midland (South Georgian Bay). In 2013 the District of Muskoka was billed for 72 full-time equivalent officers by the OPP. This number does not include the officers performing provincial duties in the district such as patrolling provincial highways and waterways.

In addition the District receives additional resources from OPP bureaux that conduct pro-active investigations into drugs and organized crime, as well as providing assistance to local investigations such as homicides and serial crimes. In addition the OPP provides expertise and resources in emergency and tactical situations.

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ADEQUACY AND EFFECTIVENESS OF POLICE SERVICES

ONTARIO REGULATION 3/99 of the Police Services Act defines how police services shall operate in the areas of crime prevention, law enforcement, victim’s assistance, public order maintenance, emergency response services, administration and infrastructure.

When you review this regulation you will see it defines in very broad terms what police services must provide in each of the areas.

You will note that a police service is required to provide general and directed patrol and criminal investigation in the law enforcement regulations and victim’s assistance and administration and infrastructure are also the sole responsibility of the police services. All other areas within the regulations can be contracted to another police service.

In the case of a municipal police service or an OPP contract the Police Services Board (PSB) the adequacy and effectiveness of the police service is measured by the PSB based on the business plan. Each board is required to prepare a business plan for its police service at least every three years. The police chief is required to report to the board annually on progress in relation to that plan.

In OPP non-contract location’s the organization, region and detachment all complete business plans on a three year cycle and the annual report is made available to municipal councils and the public.

The Policing Standards Manual (2000) elaborates on the legislative/regulatory requirements of business planning.

Section 30(1) of the Adequacy Standards Regulation requires a police service board to prepare, at least once every three years, a business plan that addresses:

• the objectives, core business and functions of the police service, including how it will provide adequate and effective police services;

• quantitative and qualitative performance objectives and indicators relating to:

• the police service’s provision of community-based crime prevention initiatives, community patrol and criminal investigation services;

• community satisfaction with police services;

• emergency calls for service;

• violent crime and clearance rates for violent crime;

• property crime and clearance rates for property crime;

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• youth crime and clearance rates for youth crime;

• police assistance to victims of crime and re-victimization rates; and

• road safety;

• information technology;

• police facilities; and

• resource planning.

Crime prevention programs are developed by each police service to address the issues affecting their communities. This is determined through crime analysis. Depending on the size of the service these programs may be developed internally or they can access resources such as the Ontario Association of Chiefs of Police (OACP).

In Ontario, victim’s assistance programs have been largely developed by the Ministry of the Attorney General and the function of the police is to create the connection between the victim and these programs. Each police service sets out the roles and responsibilities of its members to provide assistance to victims. In Muskoka, Muskoka Victim Services co-ordinates many of these services and is the referral point for police.

For the purposes of adequacy the public order maintenance section requires a police service to have a public order unit consisting of at least 28 officers and a unit supervisor. This service can be contracted to another police service or it can be a combined unit with another police service.

Emergency response services, include tactical units, hostage rescue team, major incident commanders, crisis negotiators, police explosive forced entry technicians and explosive disposal technicians. As stated earlier these services can be provided from another police service through contract or a cooperative agreement but each police service must have procedures on how these units operate.

The administration and infrastructure section of the regulation outlines the requirements for business planning, annual reports and quality assurance. This section also speaks to how a police service board interacts with the municipal council and the requirements for skills development and learning plans for the police service and procedures for the investigation of complaints.

The requirements for police services under law enforcement are laid out in the attached appendix. Police services shall respond to emergency calls for service 24 hours a day and shall provide general patrol and directed patrol using their own officers. Directed patrols are based on intelligence, crime and call analysis and road safety.

The law enforcement section also outlines the requirements for a communications centre; criminal intelligence; crime, call and public order analysis; and investigative supports including

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forensic identification, canine, physical surveillance, technical collision investigation and behavioral science. These requirements can be met through a contract or cooperative agreement with another police service.

Every police service shall have members that are designated as criminal investigators accredited through training by the Ministry of Community Safety and Correctional Services (MCSCS).

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Policing Functions in Muskoka

Explain how policing would function at the regional government level (District), if one municipality chooses to manage police services on its own.

This is a difficult question to answer. The authority for policing is found in the Police Services Act, RSO 1990;

4. (1) Every municipality to which this subsection applies shall provide adequate and effective police services in accordance with its needs. 1997, c. 8, s. 3.

(4) Subsection (1) applies to, (a) single-tier municipalities; (b) lower-tier municipalities in the County of Oxford and in counties; and

(c) regional municipalities, other than the County of Oxford. 2002, c. 17, Sched. F, Table.

This language was clearer before the act was amended in 2009. At that time it read;

(4) Subsection (1) applies to, (a)cities, towns, villages and townships (other than area municipalities within

district, regional or metropolitan municipalities; and

(b) district municipalities, regional municipalities and metropolitan municipalities.

There is nothing to indicate that the intent of the section was changed by the change in language.In order to change the current structure may require an amendment to the Police Services Act, something the government does very infrequently.

In reviewing the Municipal Act, policing is not one of the 11 spheres of responsibility identified under the act. Through the OPP I contacted the Ministry of Municipal Affairs and Housing to get their opinion on whether policing could be moved to a lower-tier responsibility. The Ministrywas unclear on this issue because policing is not covered by the Act. They did offer that if the Act applied then Section 191 and 192 would apply. This is a triple majority vote. At the writingof this report I had contacted the Ministry to explain the migration of policing by way of the Police Services Act but they had not got back to me.

Removing one part of the District for the purposes of policing would involve processes that are outside the expertise of the writer. For the actual policing delivery there would be little change unless the municipality that opted out wanted a stand-alone service or a police services board. The policing would still be delivered from the existing detachments, using existing resources. Many detachments in the province currently provide policing to multiple municipalities.

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Adjusting Service Levels to Reduce Costs

Explain what a municipality can do to adjust service levels and reduce the cost of policing.

Under the Polices Services Act (PSA), Sec. 5.1, the OPP provides basic police services to all municipalities in Ontario that do not have their own police service or a Police Services Board. Where municipalities have a Police Services Board, Sec. 10 of the Act permits them to contract for service with the OPP.

Under a contract municipalities can make enhancements to their contract but they are not permitted to adjust service levels below the basic service. Some municipalities have in fact built additional resources and programs into their contract and they would be able at contract time to return to basic service level in order to reduce costs.

Because the 5.1 municipalities are not under contract they cannot request enhancements to their resources. As they are already at the basic service level the only way to reduce costs is through a reduction in the workload in a municipality. This is not done on a yearly basis but is based on historical data. There have been instances in Northern Ontario where the only employer in a small town closed and the population was drastically reduced. This economic downturn and loss of population lead to a reduction in the staffing in that community. Examples like this are very rare.

Crime prevention and efficiencies generated by the police are the best long term prospect for reducing and/or containing costs.

Because of the new model with a per household cost, the reduction of workload would have a less significant impact on the cost of policing, as calls for service are only one component of the billing calculation.

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Viability of Small Police Forces

In your opinion, what is the viability of small (i.e. Even down to Lower Tier level) police forces.

Since the late 1990’s there has been a trend away from small police forces in Ontario, this has happened for a number of reasons including economics and the increasing sophistication required of police forces to provide adequate and effective services. The decision to move to a smaller police force needs to take into account the level of service that can be provided and at what cost. The small police forces that have survived have done so because of a sense of ownership and control by their communities. It is not done for economic reasons as smaller forces tend to be more expensive. I will provide examples of this.

Municipalities in Ontario have a number of options when it comes to meeting their requirement to provide police services. These options are laid out in the Police Services Act (PSA), Section 5. A municipality can establish its own police service, it can establish a joint police service with one or more other municipalities, municipalities can amalgamate existing police services, a municipality can contract another contiguous municipal police service to provide policing or they can contract with the OPP to receive policing.

If a municipality does not exercise any of these choices they will receive policing by the OPP under Sec. 5.1 of the PSA. Muskoka is policed under this arrangement. Muskoka would be unable to contract for policing with a neighbouring service as this type of arrangement requires the two municipalities to be contiguous.

As I mentioned smaller police services tend to be more expensive and have difficulty in delivering full police services with limited staff and budget. Smaller police forces face greater challenges around staffing and infrastructure. As I explained in the opening of this report all police services in Ontario must meet the Regulations laid out in the Police Services Act.

The Ontario Civilian Police Commission is responsible for ensuring that police services provide adequate and effective police services. Under the Police Services Act, Sec. 9, they can order the OPP in on a temporary basis or they may order a hearing under Sec. 23.

Sanctions for failure to comply with prescribed standards of police services23. (1) If the Commission is of the opinion, after holding a hearing, that a board or municipal police force has flagrantly or repeatedly failed to comply with prescribed standards of police services, the Commission may take any of the following measures or any combination of them:

1. Suspending the chief of police, one or more members of the board, or the whole board, for a specified period.

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2. Removing the chief of police, one or more members of the board, or the whole board from office.

3. Disbanding the police force and requiring the Ontario Provincial Police to provide police services for the municipality.

4. Appointing an administrator to perform specified functions with respect to police matters in the municipality for a specified period. R.S.O. 1990, c. P.15, s. 23 (1)

When you look at smaller police services in terms of staffing it follows that the loss of personnel to sick leave, accommodation or parental leave has a greater impact on the ability provide basic service. The issue for smaller police forces is how to address staffing shortfalls. There isn’t a temporary labour pool for policing. Police officers not only have to meet ministry training requirements to get hired they have to maintain these standards through yearly requalification training.

Police specialization is difficult in smaller services. With limited numbers how do you pull an officer from regular patrol duties. The initial cost of training a specialist along with ongoing training to maintain certification as well as the cost of equipment for things like forensic identification are prohibitive for a small police force. This has to be compensated for through contracts with a larger force to provide services required under the adequacy regulations, again this pushes up costs.

Infrastructure costs for policing are substantial, as building, computers, vehicles, equipment, communication and training all have to meet provincial standards. The initial start up costs for some of these items are in the millions of dollars.

By way of example a police station for a stand alone police service requires cells and secure property vault. These buildings also need secure storage for officer’s equipment including firearms. Interview and breathalyzer rooms need to be wired for audio and video. Secure computer servers for the records management system as well as the Canadian Police Information Centre (CPIC) are also required.

Municipal police buildings are inspected and audited by members of the Policing Services Division of the Ministry of Community Safety and Correctional Services and have to meet standards.

There are viable small services in the province but they are expensive. A survey of the 2012 Municipal Police Costs in Ontario show they average cost of $784 per household for a municipal police service. I am aware of two anomalies where the cost is substantially lower because the cost is being subsidized by the municipal service they are contracting with.

By way of comparison I looked at two municipal police services in the province that service municipalities with populations comparable to area municipalities in Muskoka.

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Stirling-Rawdon Police service is the smallest police service in Ontario serving the Township of Stirling-Rawdon, with a population of 5,000. Located in eastern Ontario, this police service has eight constables and one police chief and one civilian employee serving a largely rural area with one village and a couple of small settlements. In 2012 this Police Service has a per household cost of $800.

The Midland Police Service services a population of 16, 572 concentrated in the town of Midland. Midland has 27 officers, 10 full-time civilian employees and 12 part-time civilians. In 2012 the Midland Police Service cost the taxpayers $659 per household.

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Appendix 1: Ontario Regulation 3/99

Police Services ActLoi sur les services policiers

ONTARIO REGULATION 3/99

ADEQUACY AND EFFECTIVENESS OF POLICE SERVICES

Consolidation Period: From January 1, 2001 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Crime Prevention

1. (1) Police forces shall provide community-based crime prevention initiatives. O. Reg. 3/99, s. 1 (1).

(2) Instead of having its police force provide community-based crime prevention initiatives, a board may,

(a) enter into an agreement under section 7 of the Act to provide crime prevention initiatives through another police force or on a combined or regional or co-operative basis; or

(b) enter into an agreement with one or more organizations other than police forces to have the organization or organizations provide crime prevention initiatives under the direction of a member of the police force. O. Reg. 3/99, s. 1 (2).

2. (1) A police force may use members of the police force, auxiliary members of the police force, special constables and volunteers in community-based crime prevention initiatives. O. Reg. 3/99, s. 2 (1)

(2) Auxiliary members of the police force, special constables and volunteers used in community-based crime prevention initiatives must be under the direction of a member of the police force. O. Reg. 3/99, s. 2 (2).

3. Every chief of police shall establish procedures and processes on problem-oriented policing and crime prevention initiatives, whether the police force provides community-based crime prevention initiatives or whether crime prevention initiatives are provided by another police force or on a combined or regional or co-operative basis or by another organization. O. Reg. 3/99, s. 3.

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Law Enforcement

4. (1) Police forces shall, using their own police officers, and not pursuant to an agreement made under section 7 of the Act, respond to emergency calls for service 24 hours a day. O. Reg. 3/99, s. 4 (1).

(2) Police forces shall, using their own police officers, and not pursuant to an agreement made under section 7 of the Act, provide community patrol consisting of,

(a) general patrol; and

(b) directed patrol in the areas and at the times where it is considered necessary or appropriate. O. Reg. 3/99, s. 4 (2).

(3) Every chief of police shall establish procedures and processes on community patrol which address when and where directed patrol is considered necessary or appropriate, based on such factors as crime, call and public disorder analysis, criminal intelligence and road safety. O. Reg. 3/99, s. 4 (3)

(4) A police force may, in extraordinary circumstances, obtain the assistance of another police force to enhance its capacity to respond to emergency calls for service or to provide community patrol. O. Reg. 3/99, s. 4 (4).

5. (1) Police forces shall have,

(a) a communications centre;

(b) a criminal intelligence capacity;

(c) a crime analysis, call analysis and public disorder analysis capacity; and

(d) investigative supports, including supports in the areas of scenes of crime analysis, forensic identification, canine tracking, technical collision investigation and reconstruction, breath analysis, physical surveillance, electronic interception, video and photographic surveillance, polygraph and behavioral science. O. Reg. 3/99, s. 5 (1).

(2) Subject to subsections (3), (4) and (5), the services listed in clauses (1) (a), (b), (c) and (d) shall be provided by using the police force’s members. O. Reg. 3/99, s. 5 (2).

(3) Despite clause (1) (a), instead of a police force having its own communications centre, a board may enter into an agreement under section 7 of the Act or with another municipal emergency service to use a regional or other co-operatively-operated communications centre, or a communications centre operated by another police force or municipal emergency service. O. Reg. 3/99, s. 5 (3).

(4) Despite clauses (1) (b) and (c), instead of a police force having its own criminal intelligence capacity and crime analysis, call analysis and public disorder analysis capacity, a

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board may enter into an agreement under section 7 of the Act to provide those services through another police force or on a combined or regional or co-operative basis. O. Reg. 3/99, s. 5 (4).

(5) Despite clause (1) (d), instead of a police force having its own investigative supports, a board may,

(a) enter into an agreement under section 7 of the Act to provide those investigative supports through another police force or on a combined or regional or co-operative basis; or

(b) enter into an agreement with one or more persons or organizations other than police forces to provide those supports by means of a person or organization that is not a police force. O. Reg. 3/99, s. 5 (5).

(6) A communications centre, whether provided by the police force, by another police force, by another municipal emergency service or on a combined or regional or co-operative basis must operate 24 hours a day with one or more communications operators or dispatchers to answer emergency calls for service and maintain constant two-way voice communication capability with police officers who are on patrol or responding to emergency calls. O. Reg. 3/99, s. 5 (6).

6. (1) Police forces shall,

(a) have a member of the police force available 24 hours a day to supervise police communications and dispatch services; and

(b) provide police officers on patrol with portable two-way voice communication capability that allows the police officers to be in contact with the communications centre when away from their vehicle or on foot patrol. O. Reg. 3/99, s. 6 (1).

(2) Despite clause (1) (a), if the communications and dispatch services for a police force are provided by another police force or on a combined or regional or co-operative basis or by another municipal emergency service, the person supervising those services may be a member of another police force. O. Reg. 3/99, s. 6 (2).

(3) Every chief of police shall,

(a) establish procedures on communications and dispatch services; and

(b) ensure that communicators and dispatchers and those supervising them have successfully completed the required training accredited by the Ministry or have equivalent qualifications or skills as approved by the Ministry. O. Reg. 3/99, s. 6 (3).

7. (1) A police force may hire or enter into an agreement for the services of a crime analysis specialist who is not a member of the police force to assist the police force with crime, call and public disorder analysis. O. Reg. 3/99, s. 7 (1).

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(2) Unless the crime analysis specialist is a member of another police force, he or she must be under the direction of a member of the police force. O. Reg. 3/99, s. 7 (2).

8. Every chief of police shall establish procedures on traffic management, traffic law enforcement and road safety. O. Reg. 3/99, s. 8.

9. (1) Every police force shall include one or more criminal investigators who is a member of the police force. O. Reg. 3/99, s. 9 (1).

(2) A board may not enter into an agreement under section 7 of the Act to comply with subsection (1), but a board may enter into an agreement under section 7 of the Act to have additional criminal investigators from another police force available to its police force. O. Reg. 3/99, s. 9 (2).

(3) Criminal investigators may also perform other duties not related to criminal investigation, including community patrol. O. Reg. 3/99, s. 9 (3).

(4) A chief of police shall not designate a person as a criminal investigator unless that person is a police officer and has successfully completed the required training accredited by the Ministry or has equivalent qualifications and skills as approved by the Ministry. O. Reg. 3/99, s. 9 (4).

10. Every chief of police shall,

(a) ensure that there is supervision available to members of the police force 24 hours a day;

(b) establish procedures and processes on supervision, including setting out circumstances where a supervisor must be contacted and when a supervisor must be present at an incident; and

(c) ensure that the police force’s supervisors have the knowledge, skills and abilities to supervise. O. Reg. 3/99, s. 10.

11. (1) Every chief of police shall prepare a criminal investigation management plan that,

(a) lists the occurrences for which a police officer is required to contact a supervisor as soon as practicable;

(b) permits the supervisor, except as provided for in clause (c), to assign responsibility to undertake or manage the investigation of an occurrence listed in the plan to any police officer, whether or not he or she is a criminal investigator;

(c) lists the occurrences for which the supervisor must assign responsibility to undertake or manage the investigation to a criminal investigator;

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(d) lists the occurrences for which the board has entered into agreements under clause (3) (b) that would result in the investigation being undertaken on a combined or regional or co-operative basis or by another police force;

(e) addresses the monitoring by supervisors of criminal investigations; and

(f) identifies the specific occurrences, designated by the Solicitor General, for which the police force shall notify another police force, unit or task force designated by the Solicitor General. O. Reg. 3/99, s. 11 (1).

(2) Every chief of police shall establish procedures that require supervisors to ensure that the person to whom the supervisor assigns an occurrence listed in the plan, whether or not a criminal investigator, has the knowledge, skills and abilities to investigate that type of occurrence. O. Reg. 3/99, s. 11 (2).

(3) If a police force does not have a criminal investigator or police officer with the knowledge, skills and abilities to investigate specific types of occurrences listed in the plan, the board shall,

(a) enter into an agreement under section 7 of the Act to provide its police force with the services of a criminal investigator or police officer on another police force who has such knowledge, skills and abilities; or

(b) enter into an agreement under section 7 of the Act to provide its police force with the services of a criminal investigator or police officer who has such knowledge, skills and abilities on a combined or regional or co-operative basis. O. Reg. 3/99, s. 11 (3).

(4) Every chief of police shall establish procedures for obtaining the assistance of another police force in relation to undertaking or managing a criminal investigation in those circumstances where the police force does not itself have, and does not have access through an agreement under subsection (3) to the services of, a criminal investigator or police officer with the knowledge, skills and abilities to investigate a specific type of occurrence. O. Reg. 3/99, s. 11 (4).

(5) This section and section 9 do not preclude any member of a police force from participating in a criminal investigation. O. Reg. 3/99, s. 11 (5).

12. (1) Every chief of police shall develop and maintain procedures on and processes for undertaking and managing general criminal investigations and investigations into,

(a) physical and sexual abuse of children;

(b) child pornography;

(c) criminal harassment;

(d) domestic occurrences;

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(e) drug-related offences other than simple possession;

(f) elder abuse and vulnerable adult abuse;

(g) fraud and false pretence;

(h) hate or bias motivated crime and hate propaganda;

(i) homicides and attempted homicides;

(j) found human remains;

(k) illegal gaming;

(l) missing persons;

(m) parental and non-parental abductions;

(n) offences involving firearms;

(o) proceeds of crime;

(p) property offences, including break and enter;

(q) robberies;

(r) sexual assaults;

(s) stolen or smuggled firearms;

(t) vehicle thefts;

(u) youth crime; and

(v) other types of crime designated by the Solicitor General. O. Reg. 3/99, s. 12 (1).

(2) Every chief of police shall establish procedures for when more than one officer must respond to an occurrence or call for service. O. Reg. 3/99, s. 12 (2).

13. (1) Every chief of police shall establish procedures and processes in respect of,

(a) internal task forces;

(b) joint forces operations;

(c) criminal intelligence;

(d) crime, call and public disorder analysis;

(e) informants and agents;

(f) witness protection and security;

(g) police response to persons who are emotionally disturbed or have a mental illness or a developmental disability;

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(h) search of the person;

(i) search of premises;

(j) arrest;

(k) bail and violent crime;

(l) prisoner care and control;

(m) prisoner transportation; and

(n) property and evidence control. O. Reg. 3/99, s. 13 (1).

(2) Every board shall establish a policy on the sharing of crime, call and public disorder analysis data and information on crime trends with its municipal council and with school boards, community organizations and groups, businesses and members of the public in the municipality it serves. O. Reg. 3/99, s. 13 (2).

14. (1) Every chief of police shall establish procedures and processes in respect of,

(a) the investigative supports referred to in clause 5 (1) (d);

(b) the collection, handling, preservation, documentation and analysis of physical evidence; and

(c) obtaining, when required, expert or specialized assistance from another police force, government agency or other organization or individual, in relation to a criminal investigation being undertaken by its police force. O. Reg. 3/99, s. 14 (1).

(2) If a board obtains investigative supports through the method referred to in clause 5 (5) (b), the person providing the investigative support shall,

(a) report directly to, and take direction from, the member of the police force to whom the investigative support is being provided; and

(b) comply with the procedures and processes of the police force established under subsection (1). O. Reg. 3/99, s. 14 (2).

(3) Every chief of police shall ensure that a person providing investigative support in the area of scenes of crime analysis or forensic identification has successfully completed the required training accredited by the Ministry or has equivalent qualifications and skills as approved by the Ministry to provide that support. O. Reg. 3/99, s. 14 (3).

(4) Every chief of police shall ensure that a person providing another type of investigative support referred to in clause 5 (1) (d), other than those referred to in subsection (3), has the knowledge, skills and abilities to provide that support. O. Reg. 3/99, s. 14 (4).

15. Every chief of police in a municipality that has been designated under paragraph 2 of subsection 19 (1) of the Act shall establish procedures and processes for the provision of

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police services in respect of all navigable bodies and courses of water within that municipality. O. Reg. 3/99, s. 15.

16. If a board is responsible for court security under section 137 of the Act, the chief of police shall,

(a) prepare a court security plan;

(b) establish procedures on court security that address supervision and training; and

(c) ensure that court security personnel have the knowledge, skills and abilities to perform this function. O. Reg. 3/99, s. 16.

Victims Assistance

17. Every chief of police shall establish procedures on providing assistance to victims that,

(a) reflect the principles of the Victims’ Bill of Rights, 1995; and

(b) set out the roles and responsibilities of members of the police force in providing assistance to victims. O. Reg. 3/99, s. 17.

Public Order Maintenance

18. (1) Police forces shall have a public order unit. O. Reg. 3/99, s. 18 (1).

(2) Despite subsection (1), instead of a police force having its own public order unit, a board may enter into an agreement under section 7 of the Act to provide the services of a public order unit through another police force or on a combined or regional or co-operative basis. O. Reg. 3/99, s. 18 (2).

(3) A public order unit, whether maintained by one police force or on a combined or regional or co-operative basis,

(a) shall consist of a unit supervisor and at least four squads of seven officers, including the squad leader; and

(b) must be able to be deployed in a reasonable time. O. Reg. 3/99, s. 18 (3).

19. (1) Every chief of police shall establish procedures on public order unit services which set out the circumstances in which a public order unit may be deployed. O. Reg. 3/99, s. 19 (1).

(2) Every chief of police shall ensure that the procedures on public order unit services are contained in a manual that is available to all members of the public order unit. O. Reg. 3/99, s. 19 (2).

(3) Every chief of police shall ensure that the members of its public order unit, whether provided by the police force or on a combined or regional or co-operative basis, are police

21

officers and have the appropriate knowledge, skills and abilities to provide the services of the public order unit. O. Reg. 3/99, s. 19 (3).

20. Every chief of police shall establish procedures on police action in respect of labour disputes. O. Reg. 3/99, s. 20.

Emergency Response Services

21. (1) Police forces shall include the following emergency response services:

1. Tactical unit.

2. Hostage rescue team.

3. Major incident commanders.

4. Crisis negotiators.

5. Police explosive forced entry technicians.

6. Explosive disposal technicians. O. Reg. 3/99, s. 21 (1).

(2) Despite subsection (1), instead of a police force having all the emergency response services listed in that subsection, a board may enter into an agreement under section 7 of the Act to provide any of those emergency response services through another police force or on a combined or regional or co-operative basis. O. Reg. 3/99, s. 21 (2).

(3) If a board enters into an agreement under subsection (2) respecting a tactical unit or a hostage rescue team, the chiefs of police of all the police forces whose police officers are part of the tactical unit or hostage rescue team shall ensure that all the members of the tactical unit or hostage rescue team train together. O. Reg. 3/99, s. 21 (3).

(4) Despite subsection (1), a board may enter into an agreement with the Canadian Armed Forces or another organization to provide explosive disposal technicians and, if a board enters into such an agreement with an organization other than the Canadian Armed Forces, the explosive disposal technicians must work under the direction of a member of the police force. O. Reg. 3/99, s. 21 (4).

(5) The emergency response services listed in subsection (1), whether provided by the police force or pursuant to an agreement under subsection (2) or (4), must be able to be deployed in a reasonable time. O. Reg. 3/99, s. 21 (5).

22. (1) Every chief of police shall establish procedures on preliminary perimeter control and containment. O. Reg. 3/99, s. 22 (1).

(2) A police force may include a containment team using police officers and, if it does, the chief of police shall develop procedures for it. O. Reg. 3/99, s. 22 (2).

(3) Police officers who are not members of a tactical unit and who are deployed in a containment function, including members of a containment team, shall not, before the arrival of

22

members of a tactical unit, employ offensive tactics unless the police officers believe, on reasonable grounds, that to do so is necessary to protect against the loss of life or serious bodily harm. O. Reg. 3/99, s. 22 (3).

23. (1) A tactical unit or hostage rescue team, whether provided by a police force or on a combined or regional or co-operative basis, shall consist of a minimum of 12 full-time tactical officers, including the supervisor. O. Reg. 3/99, s. 23 (1).

(2) A tactical unit shall be able to perform the following functions:

1. Containment.

2. Apprehension of an armed barricaded person. O. Reg. 3/99, s. 23 (2).

(3) A tactical unit may perform explosive forced entry if it uses the services of a police explosive forced entry technician. O. Reg. 3/99, s. 23 (3).

(4) A hostage rescue team shall be able to perform the functions set out in subsection (2) and hostage rescue. O. Reg. 3/99, s. 23 (4).

(5) The functions of a tactical unit and hostage rescue team may be provided by one unit or team that is capable of performing the functions of both a tactical unit and a hostage rescue team. O. Reg. 3/99, s. 23 (5).

(6) For the purposes of this section,

“full-time tactical officer” means a police officer assigned and dedicated to the tactical unit or hostage rescue team, but who, when not training or undertaking tactical or hostage rescue activities, may undertake community patrol. O. Reg. 3/99, s. 23 (6).

24. (1) Every board that enters into an agreement under section 7 of the Act to provide a tactical unit or hostage rescue team through another police force or on a combined or regional or co-operative basis shall,

(a) enter into an agreement with the same police force to obtain the services of its major incident commanders and crisis negotiators who have trained with that tactical unit or hostage rescue team; or

(b) require the chief of police to ensure that at least one or more of the police force’s major incident commanders and crisis negotiators, if it has any, train with the other police force’s tactical unit or hostage rescue team, as the case may be. O. Reg. 3/99, s. 24 (1).

(2) Every chief of police shall ensure that every member of a containment team, tactical unit and hostage rescue team, and every major incident commander and crisis negotiator is a police officer and has successfully completed the required training accredited by the Ministry or has equivalent qualifications and skills as approved by the Ministry. O. Reg. 3/99, s. 24 (2).

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25. (1) Every chief of police shall ensure that police explosive forced entry technicians and explosive disposal technicians have and maintain the appropriate knowledge, skills and abilities for their work. O. Reg. 3/99, s. 25 (1).

(2) Every chief of police shall establish procedures on each of the services referred to in sections 21 and 22 that,

(a) set out the circumstances in which each service will be deployed; and

(b) in relation to tactical and hostage rescue services, delegate to the tactical supervisor or major incident commander the responsibility for determining how many tactical officers are required to be deployed to an incident. O. Reg. 3/99, s. 25 (2).

(3) Every chief of police shall ensure that, where a service referred to in sections 21 and 22 is provided by the members of the police force, the procedures developed under subsection (2) are contained in a manual that is available to each member providing that service. O. Reg. 3/99, s. 25 (3).

26. (1) Every chief of police shall prepare an emergency plan for its police force setting out the procedures to be followed during an emergency. O. Reg. 3/99, s. 26 (1).

(2) The chief of police may adopt the municipality’s emergency plan as the police force’s emergency plan if it addresses the role and duties of the police force during an emergency, and the procedures to be followed by members of the police force during an emergency. O. Reg. 3/99, s. 26 (2).

27. Every chief of police shall,

(a) develop procedures on ground search;

(b) promote through partnerships with other emergency service providers and volunteer groups the co-ordination of ground search services in the municipality served by the police force. O. Reg. 3/99, s. 27.

28. Every chief of police shall establish procedures that are consistent with any federal or provincial counter-terrorism plan designated by the Solicitor General. O. Reg. 3/99, s. 28.

Administration and Infrastructure

29. Every board shall establish policies with respect to the matters referred to in section 3, subsections 4 (3) and 6 (3), section 8, subsection 9 (4), sections 10 to 17, 19, 20, 22, subsection 24 (2) and sections 25 to 28. O. Reg. 3/99, s. 29.

30. (1) Every board shall prepare a business plan for its police force at least once every three years. O. Reg. 3/99, s. 30 (1).

(2) The business plan shall address,

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(a) the objectives, core business and functions of the police force, including how it will provide adequate and effective police services;

(b) quantitative and qualitative performance objectives and indicators relating to,

(i) the police force’s provision of community-based crime prevention initiatives, community patrol and criminal investigation services,

(ii) community satisfaction with police services,

(iii) emergency calls for service,

(iv) violent crime and clearance rates for violent crime,

(v) property crime and clearance rates for property crime,

(vi) youth crime and clearance rates for youth crime,

(vii) police assistance to victims of crime and re-victimization rates, and

(viii) road safety;

(c) information technology;

(d) resource planning; and

(e) police facilities. O. Reg. 3/99, s. 30 (2).

31. Every chief of police shall prepare an annual report for the board relating to the activities of the police force during the previous fiscal year, including information on,

(a) its performance objectives, indicators and results;

(b) public complaints; and

(c) the actual cost of police services. O. Reg. 3/99, s. 31.

32. (1) Every board shall enter into a protocol with its municipal council that addresses,

(a) the sharing of information with municipal council, including the type of information to be shared and the frequency for sharing such information;

(b) the dates by which the business plan and annual report shall be provided to municipal council;

(c) the responsibility for making public the business plan and annual report, and the dates by which the business plan and report must be made public; and

(d) if the municipal council chooses, jointly determining, and participating in, the consultation processes for the development of the business plan. O. Reg. 3/99, s. 32 (1).

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(2) Every board shall consult with its municipal council, and the school boards, community organizations and groups, businesses and members of the public in the municipality it serves during the development of its business plan. O. Reg. 3/99, s. 32 (2).

33. Every police force must have a skills development and learning plan that addresses,

(a) the plan’s objectives;

(b) the implementation of a program to coach or mentor new officers;

(c) the development and maintenance of the knowledge, skills and abilities of members of the police force, including,

(i) the police force’s criminal investigators,

(ii) members of the police force who provide investigative support functions, if any,

(iii) members of a public order unit, if any, and

(iv) members of the police force who provide any emergency response service referred to in sections 21 and 22. O. Reg. 3/99, s. 33.

34. Every chief of police shall establish procedures for the investigation of complaints. O. Reg. 3/99, s. 34.

35. Every board and chief of police shall implement a quality assurance process relating to the delivery of adequate and effective police services, and compliance with the Act and its regulations. O. Reg. 3/99, s. 35.

Application and Commencement

36. (1) This Regulation applies to municipal police forces. O. Reg. 3/99, s. 36 (1).

(2) This Regulation applies to the Ontario Provincial Police, with necessary modifications,

(a) with respect to its undertaking of provincial responsibilities and policing under section 5.1 of the Act;

(b) with respect to contract arrangements under section 10 of the Act;

(c) with respect to its responsibilities under section 19 of the Act. O. Reg. 3/99, s. 36 (2).

(3) For the purpose of subsection (2), any reference in this Regulation to a member of a police force shall be read as a reference to an employee of the Ontario Provincial Police and, for the purpose of clause (2) (a), any reference to a board shall be read as a reference to the Commissioner. O. Reg. 3/99, s. 36 (3).

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37. (1) Every board shall evaluate the adequacy and effectiveness of the services provided by its police force by comparing those services with the requirements of this Regulation. O. Reg. 3/99, s. 37 (1).

(2) Upon completing the evaluation under subsection (1), every board shall prepare a plan setting out the steps needed to be taken by the board and the police force in order to meet the requirements of this Regulation by January 1, 2001. O. Reg. 3/99, s. 37 (2).

38. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 3/99, s. 38.

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Appendix 2: Police Services Act, Sec. 4 - 10

Municipalities

Police services in municipalities4. (1) Every municipality to which this subsection applies shall provide adequate and

effective police services in accordance with its needs. 1997, c. 8, s. 3.

Core police services(2) Adequate and effective police services must include, at a minimum, all of the

following police services:

1. Crime prevention.

2. Law enforcement.

3. Assistance to victims of crime.

4. Public order maintenance.

5. Emergency response. 1997, c. 8, s. 3.

Infrastructure for police services(3) In providing adequate and effective police services, a municipality shall be

responsible for providing all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies. 1997, c. 8, s. 3.

Application(4) Subsection (1) applies to,

(a) single-tier municipalities;

(b) lower-tier municipalities in the County of Oxford and in counties; and

(c) regional municipalities, other than the County of Oxford. 2002, c. 17, Sched. F, Table.

(5) Repealed: 2002, c. 17, Sched. F, Table.

Exception(6) Despite subsection (4), the councils of the County of Oxford and of all the lower-tier

municipalities within the County of Oxford may agree to have subsection (1) apply to the County of Oxford and not to the lower-tier municipalities but, having made such agreement, the councils cannot thereafter revoke it. 2002, c. 17, Sched. F, Table.

Methods of providing municipal police services

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5. (1) A municipality’s responsibility to provide police services shall be discharged in one of the following ways:

1. The council may establish a police force, the members of which shall be appointed by the board under clause 31 (1) (a).

2. The council may enter into an agreement under section 33 with one or more other councils to constitute a joint board and the joint board may appoint the members of a police force under clause 31 (1) (a).

3. The council may enter into an agreement under section 6 with one or more other councils to amalgamate their police forces.

4. The council may enter into an agreement under section 6.1 with the council of another municipality to have its police services provided by the board of the other municipality, on the conditions set out in the agreement, if the municipality that is to receive the police services is contiguous to the municipality that is to provide the police services or is contiguous to any other municipality that receives police services from the same municipality.

5. The council may enter into an agreement under section 10, alone or jointly with one or more other councils, to have police services provided by the Ontario Provincial Police.

6. With the Commission’s approval, the council may adopt a different method of providing police services. 1997, c. 8, s. 4.

Same – different methods in one municipality(2) Subject to subsection (3), a municipality’s responsibility to provide police services

may be discharged in one way set out in subsection (1) in one discrete area of the municipality and in another way or ways set out in subsection (1) in other discrete areas of the municipality if,

(a) the municipality consists of two or more widely dispersed communities or contains, within its boundaries, one or more communities that are remote from the rest of the municipality; or

(b) police services have historically been provided to one or more discrete areas of the municipality in a way that is different from the way police services are provided in the rest of the municipality. 2001, c. 11, s. 1.

One board or joint board(3) All the police services provided in one municipality, except police services provided

in a way described in paragraph 3 or 4 of subsection (1) or police services provided in the municipality by the Ontario Provincial Police under section 5.1, must be provided under one board or joint board. 2002, c. 18, Sched. N, s. 59.

If municipality fails to provide police services

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5.1 (1) If a municipality does not provide police services by one of the ways set out in section 5, the Ontario Provincial Police shall provide police services to the municipality.

Municipality to pay for O.P.P. services(2) A municipality that is provided police services by the Ontario Provincial Police

under subsection (1) shall pay the Minister of Finance for the services, in the amount and the manner provided by the regulations.

Same(3) The amount owed by a municipality for the police services provided by the Ontario

Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

Community policing advisory committee(4) One or more municipalities served by the same Ontario Provincial Police

detachment that provides police services under this section may establish a community policing advisory committee.

Composition(5) If a community policing advisory committee is established, it shall be composed of

one delegate for each municipality that is served by the same Ontario Provincial Police detachment and that chooses to send a delegate.

Functions(6) A community policing advisory committee shall advise the detachment commander

of the Ontario Provincial Police detachment assigned to the municipality or municipalities, or his or her designate, with respect to objectives and priorities for police services in the municipality or municipalities.

Term of office(7) The term of office for a delegate to a community policing advisory committee shall

be as set out by the council in his or her appointment, but shall not exceed the term of office of the council that appointed the delegate.

Same, and reappointment(8) A delegate to a community policing advisory committee may continue to sit after the

expiry of the term of office of the council that appointed him or her until the appointment of his or her successor, and is eligible for reappointment.

Protection from liability(9) No action or other proceeding for damages shall be instituted against a community

policing advisory committee or a delegate to a community policing advisory committee for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty. 1997, c. 8, s. 5.

Amalgamation of police forces

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6. (1) Despite any other Act, the councils of two or more municipalities that have police forces may enter into an agreement to amalgamate them. R.S.O. 1990, c. P.15, s. 6 (1); 1997, c. 8, s. 6 (1).

Contents of amalgamation agreement(2) The agreement shall deal with,

(a) the establishment and, subject to section 33, the composition of a joint board for the amalgamated police force;

(b) the amalgamation of the police forces and the appointment or transfer of their members;

(c) the joint board’s use of the assets and its responsibility for the liabilities associated with the police forces;

(d) the budgeting of the cost for the operation of the amalgamated police force;

(e) any other matter that is necessary or advisable to effect the amalgamation. R.S.O. 1990, c. P.15, s. 6 (2); 1997, c. 8, s. 6 (2, 3).

Commission’s approval(3) The agreement does not take effect until the Commission has approved the

organization of the amalgamated police force. R.S.O. 1990, c. P.15, s. 6 (3).

Exception, board appointments(4) Appointments to a joint board for an amalgamated police force may be made before

the agreement takes effect. R.S.O. 1990, c. P.15, s. 6 (4); 1997, c. 8, s. 6 (4).

Municipal agreements for providing police services6.1 (1) The councils of two municipalities may enter into an agreement for the

provision of police services for one municipality by the board of the other municipality, on the conditions set out in the agreement, if the municipality that is to receive the police services is contiguous to the municipality that is to provide the police services or is contiguous to any other municipality that receives police services from the same municipality.

Advisors to board(2) The council of a municipality that receives police services pursuant to an agreement

made under subsection (1) may select a person to advise the other municipality’s board with respect to objectives and priorities for police services in the municipality that receives the police services.

Term of office(3) The term of office for a person selected to advise another municipality’s board shall

be as set by the council when the person is selected, but shall not exceed the term of office of the council that selected him or her.

Same and reappointment

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(4) A person selected to advise another municipality’s board may continue to sit after the expiry of the term of office of the council that selected him or her until the selection of his or her successor, and is eligible for reappointment.

Protection from liability(5) No action or other proceeding for damages shall be instituted against a person

selected to advise another municipality’s board for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty. 1997, c. 8, s. 7.

Municipal agreements for sharing police services7. (1) Two or more boards may agree that one board will provide some police services

to the other or others, on the conditions set out in the agreement.

Limitation(2) Two or more boards may not agree under subsection (1) that the police force of one

board will provide the other board or boards with all the police services that a municipality is required to provide under section 4.

Municipal agreements with O.P.P.(3) The board of a municipality may agree with the Commissioner or with the local

detachment commander of the Ontario Provincial Police that the Ontario Provincial Police will provide some police services to the municipality, on the conditions set out in the agreement, and subsections 10 (7) and (8) apply to the agreement. 1997, c. 8, s. 8.

Additional municipal police forces8. (1) A municipality to which subsection 4 (1) (obligation to provide police services)

does not apply may, with the Commission’s approval, establish and maintain a police force.

Transition(2) An approval given or deemed to have been given under section 19 of the Police Act,

being chapter 381 of the Revised Statutes of Ontario, 1980, in respect of a police force that was being maintained on the 30th day of December, 1990, shall be deemed to have been given under this section.

Revocation(3) The Commission may revoke an approval given or deemed to have been given under

this section. R.S.O. 1990, c. P.15, s. 8.

Police services absent or inadequate, O.P.P. assistance9. (1) If the Commission finds that a municipality to which subsection 4 (1) applies is

not providing police services, it may request that the Commissioner have the Ontario Provincial Police give assistance.

Inadequate police services(2) If the Commission finds that a municipal police force is not providing adequate and

effective police services or is not complying with this Act or the regulations, it may communicate

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that finding to the board of the municipality and direct the board to take the measures that the Commission considers necessary.

Idem(3) If the board does not comply with the direction, the Commission may request that

the Commissioner have the Ontario Provincial Police give assistance.

Crown Attorney’s request(4) In any area for which a municipality is required to provide police services, the

Crown Attorney may request that the Commissioner have the Ontario Provincial Police give assistance.

Board’s request(5) A board may, by resolution, request that the Commissioner have the Ontario

Provincial Police give assistance.

Request of chief of police in emergency(6) A municipal chief of police who is of the opinion that an emergency exists in the

municipality may request that the Commissioner have the Ontario Provincial Police give assistance.

Chief of police to advise board(7) A chief of police who makes a request under subsection (6) shall advise the chair of

the board of the fact as soon as possible. R.S.O. 1990, c. P.15, s. 9 (1-7).

Assistance of O.P.P.(8) When a request is made under this section, the Commissioner shall have the Ontario

Provincial Police give such temporary or emergency assistance as he or she considers necessary and shall have the Ontario Provincial Police stop giving temporary or emergency assistance when he or she considers it appropriate to do so. 1997, c. 8, s. 9 (1).

Cost of services(9) The Commissioner shall certify the cost of the services provided under this section

by the Ontario Provincial Police and, unless the Solicitor General directs otherwise, the municipality shall pay that amount to the Minister of Finance. R.S.O. 1990, c. P.15, s. 9 (9); 1997, c. 8, s. 9 (2).

Same(10) The amount owed by a municipality for the police services provided by the Ontario

Provincial Police, if not collected by other means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty. 1997, c. 8, s. 9 (3).

Municipal agreements for provision of police services by O.P.P.10. (1) The Solicitor General may enter into an agreement with the council of a

municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police.

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Board required(2) In order for a municipality to enter into an agreement under this section, the

municipality must have a board.

Same(3) In order for two or more municipalities to enter into an agreement under this section,

the municipalities must have a joint board.

Transition(4) If an agreement under this section was entered into, before section 10 of the Police

Services Amendment Act, 1997 comes into force, by a municipality that did not have a board at the time, the agreement remains valid and enforceable despite subsection (2), but the agreement may not be renewed unless the municipality has a board.

Collective bargaining(5) No agreement shall be entered into under this section if, in the Solicitor General’s

opinion, a council seeks the agreement for the purpose of defeating the collective bargaining provisions of this Act.

Duties of O.P.P.(6) When the agreement comes into effect, the Ontario Provincial Police detachment

assigned to the municipality or municipalities shall provide police services for the municipality or municipalities, and shall perform any other duties, including by-law enforcement, that are specified in the agreement.

Payment into Consolidated Revenue Fund(7) The amounts received from municipalities under agreements entered into under this

section shall be paid into the Consolidated Revenue Fund.

Collection of amounts owed(8) The amount owed by a municipality under the agreement, if not collected by other

means, may be deducted from any grant payable to the municipality out of provincial funds or may be recovered by a court action, with costs, as a debt due to Her Majesty.

Role of board(9) If one or more municipalities enters into an agreement under this section, the board

or joint board shall advise the Ontario Provincial Police detachment commander assigned to the municipality or municipalities, or his or her designate, with respect to police services in the municipality or municipalities and shall,

(a) participate in the selection of the detachment commander of the detachment assigned to the municipality or municipalities;

(b) generally determine objectives and priorities for police services, after consultation with the detachment commander or his or her designate;

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(c) establish, after consultation with the detachment commander or his or her designate, any local policies with respect to police services (but the board or joint board shall not establish provincial policies of the Ontario Provincial Police with respect to police services);

(d) monitor the performance of the detachment commander;

(e) receive regular reports from the detachment commander or his or her designate on disclosures and decisions made under section 49 (secondary activities);

(f) review the detachment commander’s administration of the complaints system under Part V and receive regular reports from the detachment commander or his or her designate on his or her administration of the complaints system.

Non-application of certain sections(10) If one or more municipalities enters into an agreement under this section, section

31 (responsibilities of board), section 38 (municipal police force) and section 39 (estimates) do not apply to the municipality or municipalities. 1997, c. 8, s. 10.

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Appendix 3: Municipal Act, Sec. 191 - 192

Transfer of power to lower-tier191. (1) A lower-tier municipality may pass a by-law to provide for,

(a) the transfer of all or part of an upper-tier power from its upper-tier municipality to one or more of the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes which are specified in the by-law; and

(b) transitional matters to facilitate the assumption of the upper-tier power. 2001, c. 25, s. 191 (1).

Coming into force(2) A by-law under subsection (1) shall not come into force unless,

(a) at least half of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes, excluding the lower-tier municipality which passed the by-law, have passed resolutions giving their consent to the by-law;

(b) the total number of electors in the lower-tier municipalities which have passed resolutions under clause (a) and in the lower-tier municipality which passed the by-law form a majority of all the electors in the upper-tier municipality; and

(c) the council of the upper-tier municipality has passed a resolution giving its consent to the assumption of the power and a majority of all the votes on the council were cast in favour of the resolution. 2001, c. 25, s. 191 (2).

No repeal(3) A provision of a by-law passed under clause (1) (a) shall not be repealed in whole or

in part after it comes into force. 2001, c. 25, s. 191 (3).

Exception(4) Despite subsection (3), if a by-law of a lower-tier municipality passed under

subsection (1) is in force, the by-law shall be deemed to be repealed to the extent it conflicts with a by-law of an upper-tier municipality passed under section 189 which comes into force at a later date. 2001, c. 25, s. 191 (4).

Effect of by-law192. (1) When a by-law under section 191 comes into force,

(a) each lower-tier municipality specified in the by-law is bound by the by-law and may exercise the transferred upper-tier power but may do so only for its own purposes;

(b) the upper-tier municipality and its local boards are bound by the by-law and no longer have the power to exercise the transferred upper-tier power in those lower-tier municipalities;

36

(c) an existing by-law or resolution of an upper-tier municipality and its local boards that relates to the transferred upper-tier power shall, to the extent it applies in any part of a lower-tier municipality specified in the transfer by-law, be deemed to be a by-law or resolution of the lower-tier municipality; and

(d) the existing by-law or resolution referred to in clause (c) shall remain in force in that part of the lower-tier municipality until the earlier of two years after the transfer by-law comes into force and the day the existing by-law or resolution is repealed by the lower-tier municipality. 2001, c. 25, s. 192 (1).

Continuation of matters(2) When an upper-tier power is transferred to a lower-tier municipality under section

191, the lower-tier municipality may continue anything that the upper-tier municipality began under the transferred upper-tier power before the transfer but did not complete to the extent the thing applies to the lower-tier municipality. 2001, c. 25, s. 192 (2).

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Appendix 4: Policing Costs for Self-Policed Municipalities

No. Municipality Households Police Costs Cost Per HH1 Amherstburg T 8,772 $5,279,577 $6022 Aylmer T 2,898 $2,298,635 $7933 Barrie C 52,223 $47,341,860 $9074 Belleville C 22,138 $15,034,203 $679

5Bradford-West Gwillimbury T

9,983 $7,098,306 $711

6 Brantford C 39,419 $27,733,149 $7047 Brockville C 10,573 $8,179,005 $7748 Callander M 1,739 $447,372 $2579 Chatham-Kent M 47,376 $28,333,006 $59810 Cobourg T 8,619 $5,865,359 $68111 Cornwall C 21,509 $17,450,230 $81112 Deep River T 1,987 $1,613,966 $81213 Dryden C 3,592 $4,072,833 $1,13414 Durham R 222,437 $165,106,203 $74215 Espanola T 2,441 $2,211,776 $90616 Gananoque ST 2,525 $2,998,860 $1,18817 Greater Sudbury C 74,098 $49,132,454 $66318 Guelph C 51,440 $34,326,039 $66719 Halton R 183,965 $123,494,432 $67120 Hamilton C 215,195 $153,198,048 $71221 Hanover T 3,384 $3,361,608 $99322 Innisfil T 13,767 $9,012,817 $65523 Kingston C 56,717 $34,247,003 $60424 LaSalle T 10,205 $6,880,140 $67425 London C 167,593 $96,674,330 $57726 Midland T 7,685 $5,068,124 $65927 Niagara R 190,251 $137,580,713 $72328 North Bay C 24,484 $16,596,974 $67829 Oliver Paipoonge M 2,246 $955,236 $42530 Orangeville T 10,217 $8,133,077 $79631 Ottawa C 372,420 $263,879,839 $70932 Owen Sound C 9,947 $7,249,658 $72933 Peel R (Excluding Caledon) 387,627 $355,048,344 $916

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No. Municipality Households Police Costs Cost Per HH34 Pembroke C 6,461 $5,487,221 $84935 Perth T 3,133 $2,738,817 $87436 Peterborough C 35,252 $22,595,692 $64137 Prince Tp Not reported Not reported Not reported38 Sarnia C 32,870 $20,168,379 $61439 Saugeen Shores T 7,463 $3,402,943 $45640 Sault Ste Marie C 34,269 $24,542,966 $71641 Shelburne T 2,167 $1,710,284 $78942 Smiths Falls ST 4,291 $4,224,646 $98543 St. Thomas C 16,480 $10,482,136 $63644 Stirling-Rawdon Tp 2,056 $1,644,450 $80045 Stratford C 14,024 $9,424,002 $67246 Strathroy-Caradoc Tp 8,235 $4,866,899 $59147 Thunder Bay C 50,078 $37,036,695 $74048 Timmins C 19,512 $13,181,980 $67649 Toronto C 1,095,366 $1,007,476,190 $92050 Waterloo R 203,939 $136,096,756 $66751 West Grey M 5,647 $2,599,805 $46052 West Nipissing M 7,627 $3,512,005 $46053 Windsor C 97,962 $90,838,353 $92754 Woodstock C 16,485 $12,082,989 $73355 York R 332,602 $258,691,572 $778All self-policed municipalitiesAll self-policed municipalities 4,235,391 $3,318,707,956 $784

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