OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
	Working together for a safer community La sécurité de notre communauté, un travail d’équipe	REPORT RAPPORT

DATE                              20 September 2010

TO/DEST.                        Chair and Members, Ottawa Police Services Board

FROM/EXP.                    Executive Director, Ottawa Police Services Board

SUBJECT/OBJET           NEW INTERPROVINCIAL POLICING ACT

RECOMMENDATION

That the Ottawa Police Services Board receive this report for information.

BACKGROUND

For the past several years police services boards and police Chiefs in Ontario, and indeed across Canada, have been lobbying their provincial governments to enact legislation that will facilitate police officers from one jurisdiction working in another provincial jurisdiction when required.  In October 2008 the Ottawa Police Services Board wrote to the Ministry of Community Safety & Correctional Services urging the Province of Ontario to enact cross-border police jurisdiction legislation as soon as possible.  The Ontario Association of Police Services Boards, the Canadian Association of Police Boards and the Canadian Association of Chiefs of Police have all in the past approved resolutions calling for inter-provincial police legislation. 

The absence of inter-provincial police legislation places police services at a disadvantage against the ever-growing sophistication and international scope of organized crime and terrorism.  Developing a mechanism to facilitate the flow of police officers into jurisdictions other than their own in the pursuit of their duties would greatly assist officers in combating crimes that cross provincial borders.  The ability to work in other jurisdictions is particularly important for the Ottawa Police Service given its proximity to the Province of Quebec.

In response to the concerns of the policing community, on 15 December 2009 Ontario’s Interprovincial Policing Act (IPA) received Royal Assent and was proclaimed into law on 5 July 2010.  The Province of Quebec gave Assent to similar legislation in December 2009.  The IPA provides a mechanism whereby an Appointing Official designated by the Ministry of Community Safety & Correctional Services can grant police officer status to a police officer from another Canadian province or territory who is required to enter Ontario to perform policing duties in the Appointing Official’s jurisdiction.  Appointing officials would typically be Chiefs or Deputy Chiefs of Police of municipal police services or senior OPP officers. 

The IPA addresses oversight of extra-provincial police officers operating in Ontario and clarifies the application of the oversight provisions contained in Ontario’s Police Services Act to Ontario police officers operating out-of-province.  The Act also provides indemnification for civil, criminal, administrative action or proceedings that may be incurred while Ontario police officers are performing police duties outside of Ontario.  Additional information about the new legislation is contained in a “Q and A” document prepared by the Province and attached as Annex A.

Special Constable Appointments

Nothing in the new legislation limits or affects the power to appoint special constables for purposes such as court security officers, prisoner transport officers, university campus security officers and transit safety officers, among others.  In addition, the special constable process will continue to be used for Royal Canadian Mounted Police officers requiring powers under provincial legislation, as well as out-of-country officers.  The IPA will only apply to police officers from other provinces or territories. 

Implications for Police Services Boards

Under the provisions of the IPA, Chiefs of Police or other police executives submitting applications to the Ministry to be designated an Appointing Official for the purposes of the Act must have the approval of their Boards.  The approval is provided by way of an application form that is similar in format to those used for the appointment of Special Constables. 

Also, Appointing Officials are required to notify their own Board quarterly, or more often if specified by the Board, of appointments made and terminated within the reporting period.  These quarterly reports must include the following information:

· The number of appointments made or terminated that primarily affect the Board’s jurisdiction;

· The name of the province the extra-provincial police officer is from;

· The duration of the extra-provincial police officer appointment. 

Due to the length of time between Board meetings over the summer period and the need to have someone from the Ottawa Police Service designated as an Appointing Official under the IPA, Board Chair El-Chantiry signed off on application forms in August for Chief White and Deputy Chief Larochelle.  Copies of their applications are attached as Annex B.  An application for newly appointed Deputy Chief Bordeleau will be submitted to the Board at the 27 September meeting for approval.

The first quarterly report on inter-provincial police appointments will be presented to the Board in December 2010.

CONSULTATION

This report relays information about new Provincial legislation and consultation was therefore not required. 

FINANCIAL STATEMENT

There is no direct financial impact associated with this report.

CONCLUSION

The proclamation of the Province’s new Interprovincial Policing Act is welcome news for the policing community and will facilitate the work of police officers needing to cross provincial jurisdictions in the pursuit of their duties.  The new Act includes responsibilities for municipal police boards, in terms of approving application forms for Appointing Officials before they are submitted to the Province, and in monitoring their Appointing Officials’ application of the Act through the receipt of quarterly reports.  This report is submitted for the information of the Board.

(original signed by)

Wendy Fedec

Attach. (2)