Questions

Questions	Answers
What is the current status of the Interprovincial Policing Act, 2009?	· On December 15, 2009, the IPA received Royal Assent. · The IPA will be proclaimed on July 5, 2010. (Note: the IPA process will not be used for the G8/G20 Summits in June 2010). · Quebec gave Assent to similar cross-border policing legislation in December 2009.
*What does the IPA* provide?**	· A mechanism whereby a Ministry designated Appointing Official 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. · Oversight of extra-provincial police officers operating in Ontario and clarifies application of the oversight provisions of the Police Services Act (PSA) to Ontario police officers operating out-of-province. · Indemnification for civil, criminal, administrative action or proceedings that may be incurred while Ontario police officers are performing police duties outside of Ontario.
*What are the roles and responsibilities of the Minister of Community Safety and Correctional Services under the IPA?*	· The Minister of Community Safety and Correctional Services may designate Appointing Officials for the Province of Ontario. · The Minister may revoke an Appointing Official designation. · The Minister is not involved in reviewing requests for extra-provincial police officer appointments, approving, denying, or terminating appointments of extra-provincial police officers.
What are the roles and responsibilities of Ontario Appointing Officials?	· Appointing Officials will review applications for appointment submitted by extra-provincial commanders on behalf of their police officers. · Appointing Officials will be responsible for approving, denying or terminating the appointments of extra-provincial police officers. Appointing Officials will have seven days to grant or deny a request for standard appointments. · Appointing Officials may impose conditions on the appointment of an extra-provincial police officer. · Appointing Officials may terminate appointments due to the conduct of the extra-provincial police officer or when the appointment is no longer required or appropriate. · Appointing Officials are required to maintain records as prescribed with respect to extra-provincial police officer appointments requested, made, denied, and terminated. · Appointing Officials are required to provide reports to the Minister of Community Safety and Correctional Services by January 15 and July 15 of each year with the number of extra-provincial police officer appointments requested, made, denied, and terminated within the reporting period. · Appointing Officials are required to provide additional reports to the Minister as requested from time to time. · Appointing Officials will be required to notify primarily affected Boards quarterly, or more often if specified by the Board, of appointments made and terminated within the reporting period.
Under Ministry guidelines, who can be designated as an Appointing Official for municipal police services?	· For municipal police services, a Chief of Police or Deputy Chief may be designated as an Appointing Official for the province of Ontario. · Appointing Official authority will reside with the designated Chief of Police or Deputy Chief and cannot be delegated. · The number of municipal Chiefs or Deputy Chiefs that are eligible for designation will not be limited by the Ministry provided that the Ministry deems the request for designation to be appropriate.
Under Ministry guidelines, who can be designated as an Appointing Official for the Ontario Provincial Police (OPP)?	· For the OPP, the OPP Commissioner/Deputy Commissioners and at the request of the OPP Commissioner, specific positions designated as Regional Commanders and Bureau Commanders, may be designated as an Appointing Official for the province of Ontario. · The number of OPP applicants in these categories will not be limited by the Ministry, provided that the applicant has the support of the OPP Commissioner and the Ministry deems the request for designation to be appropriate.
What about periods when acting Chiefs of Police, acting OPP Commissioners, etc. are appointed?	· During periods when acting Chiefs of Police, acting OPP Commissioners, etc. are appointed, Appointing Official powers may be exercised by the individual acting in that capacity for the duration of the acting assignment.
What would be the process for appointing extra-provincial police officers in Ontario?	Standard Appointment Procedure (Part II): · Part II sets out the standard procedure for appointing a police officer from another Canadian jurisdiction (“extra-provincial police officer”) as an Ontario police officer. · A request may be made by an extra-provincial police officer’s commanding officer (“extra-provincial commander”) to an appointing official in Ontario, who is designated by the Minister of Community Safety and Correctional Services. · A decision must be made within seven days after the request is made. The appointment can be made for a maximum of three years. Appointment Procedure in Urgent Circumstances (Part III): · Part III sets out the procedure for appointing an extra-provincial police officer in urgent circumstances. If the operation or investigation in Ontario would be compromised by the delay of applying under the standard procedure, the commander of an Ontario police force or of an Ontario Provincial Police detachment may appoint an extra-provincial police officer as an Ontario police officer for a maximum of 72 hours. · A decision must be made as soon as reasonably possible after the request is made. The appointment may be renewed if a standard procedure request has been submitted but has not yet been approved or denied.
Will the extra-provincial police officer require a separate appointment for each Ontario jurisdiction in which they undertake policing activities?	· No. A separate appointment will not be required for each policing jurisdiction in Ontario.
What will happen with the special constable process?	· Nothing in the IPA limits or affects the power to appoint special constables. Each year the Ministry processes hundreds of special constable appointments for various police services in Ontario who designate individuals in roles that require peace officer status and/or specific police powers. These include Court Security Officers, Prisoner Transport Officers, University Campus Security Officers, and Transit Safety Officers, among others. In addition, the special constable process would still be used for Royal Canadian Mounted Police (RCMP) officers requiring powers under provincial legislation, as well as out-of-country police officers. · Extra-provincial police officers who currently hold special constable status may choose to retain special constable status until term completion or seek IPA appointment via an Appointing Official and request termination of the special constable status through the sponsoring police service.
*Can RCMP Officers be appointed under the IPA?*	· No. Members of the RCMP cannot be appointed as extra-provincial police officers in Ontario under the IPA. · The IPA defines “extra-provincial police officer” as an officer appointed or employed under the law of another province or a territory, but does not include a member of the RCMP. · RCMP Officers already have criminal law enforcement authority across Canada. · RCMP officers may still be appointed as special constables for the purposes of enforcing certain provincial statutes.
Will the law apply to police officers from the United States and other countries?	· No. The proposed legislation would apply to Canadian police officers only. · An officer from the United States, or another country, may apply for special constable status if required through Ontario’s special constable process.
How will there be greater accountability and oversight under the new system?	Oversight (Part V): · When a complaint is received about an extra-provincial police officer’s conduct in Ontario, an investigation may take place in the same way that an investigation of a complaint about an Ontario police officer takes place. The extra-provincial police officer would be subject to discipline in the jurisdiction where he or she is employed. · An extra-provincial police officer who is appointed as a police officer in Ontario is not subject to the discipline proceedings in Part V of the PSA. · An Ontario police officer appointed in another province or a territory is required to co-operate with any investigation, inquest or hearing in that province or territory. · The complaints and discipline provisions of the PSA continue to apply to an Ontario police officer who is appointed as a police officer in another province or a territory in respect of his or her conduct there as if that conduct took place in Ontario.
Who will be responsible for paying the costs associated with conduct/criminal investigations involving an extra-provincial police officer?	Indemnification (Part VI): · Part VI of the IPA (Indemnification) addresses the indemnification of extra-provincial police services for claims related to the torts of Ontario police officers operating outside of Ontario but is limited to jurisdictions with similar cross-border policing legislation with reciprocal provisions (currently, Nova Scotia, New Brunswick, Manitoba, Saskatchewan and Quebec have similar legislation). An Ontario police services board or the Crown in Right of Ontario may also enter into an agreement regarding indemnification. · The IPA does not address indemnification in jurisdictions that do not have reciprocal cross-border policing legislation. Indemnification arrangements can be made between the affected Ontario and extra-provincial police services.
What will be the role of the Ontario Municipal Police Services Boards?	· When individuals submit applications for Appointing Official status to the Ministry (for municipal police services), they must have the approval of their Boards. · Appointing officials will be required to notify primarily affected Boards quarterly, or more often if specified by the Board, of appointments made and terminated within the reporting period. · Boards would be provided with the following information: o Number of appointments made or terminated that primarily affect the Board’s jurisdiction; o Name of province the extra-provincial police officer is from; and o Duration of extra-provincial police officer appointment.
*What applicable sections or Regulations of the PSA* apply to extra-provincial police officer appointments?**	· Extra-provincial police officers would be subject to the IPA, the PSA, and the following regulations under the PSA: o Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit; o Equipment and Use of Force. Extra-provincial police officers would essentially be subject to the same Use of Force training requirements and standards as consistent with Ontario police officers. Unlike Ontario police officers, extra-provincial police officers will not be granted extensions for updating their Use of Force Training; o Code of Conduct under the General regulation; and o Suspect Apprehension Pursuits. · Extra-provincial police officers would be subject to these Regulations generally in the same manner as Ontario officers.
What training will be required for extra-provincial police officers?	· For Part II Standard Procedure Applications, the Appointing Official would collect information related to the last date an appointee received training in the use of force, use of firearms, and suspect apprehension pursuits to aid in the Appointing Official’s assessment of the application. · For Part III Urgent Circumstances Applications, the Appointing Official would collect information related to whether the appointee has been trained in the use of firearms in the last year, and whether the appointee has received current training in the use of force and suspect apprehension pursuits. Due to the urgent nature of these appointments the specific dates of training will not be required, though the extra-provincial police officer would still be expected to adhere to the training requirements specified under the PSA and conditions on the appointment form. If the officer was to transition into a Part II Standard Procedure Appointment, dates for training would be required.
What are the conditions on extra-provincial police officer appointments?	· An Appointing Official can impose such conditions as the Appointing Official considers appropriate. · Where applicable, an Appointing Official or local commander shall impose the following conditions on extra-provincial police officer appointments: o The appointee shall not engage in a suspect apprehension pursuit unless the officer has received training on such pursuits and has the ability to notify a dispatcher from the local police force when initiating a pursuit; and o The appointee may not exercise the authority of a police officer or provincial offences officer to enforce provincial legislation unless the appointee has received appropriate training.
Who will be monitoring the work of extra-provincial police officers while operating in Ontario (e.g. are extra-provincial police required to report to an Ontario police service/Appointing Official)?	· The extra-provincial police officer will remain an employee of his or her home police service, which will be responsible for supervising the extra-provincial police officer. The IPA does not create an employee-employer relationship between the extra-provincial police officer and an Ontario police service. · Section 20 of the IPA requires the extra-provincial police officer to give notice to the local commander of any police service or detachment that he or she will be conducting duties in prior to commencing such duties. · Section 21 of the IPA allows a local commander to direct an extra-provincial police officer about how they are to conduct duties while the extra-provincial police officer is operating within the local jurisdiction, to avoid interference with the provision of police services in that area.
Who will pay for the costs associated with supervising, training and equipping extra-provincial police officers to perform duties in Ontario?	· The extra-provincial police officer will remain an employee of his or her home police service. The IPA does not create an employee-employer relationship between the extra-provincial police officer and an Ontario police service. · An Ontario police services board or the Crown in Right of Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising from the appointment of an Ontario police officer in another province or a territory or the appointment of an extra-provincial police officer as a police officer in Ontario. · The IPA does not restrict police services from continuing to negotiate joint force protocols that may govern supervision, training and operational resourcing for the extra-provincial police officer, where appropriate. · It does not restrict municipal police services boards from continuing to create policies under section 31 of the PSA, specifically those policies that govern the effective management of police forces.
Who may I contact for further information?	· The Ministry’s Selection System and Appointments Unit (SSAU) will be responsible for implementing the IPA. You may contact Maureen Bowman, A/Manager, SSAU at: Maureen.Bowman@ontario.ca; or 416-326-9347.

Questions

Answers

What is the current status of the Interprovincial Policing Act, 2009?

· On December 15, 2009, the IPA received Royal Assent.

· The IPA will be proclaimed on July 5, 2010. (Note: the IPA process will not be used for the G8/G20 Summits in June 2010).

· Quebec gave Assent to similar cross-border policing legislation in December 2009.

What does the IPA provide?

· A mechanism whereby a Ministry designated Appointing Official 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.

· Oversight of extra-provincial police officers operating in Ontario and clarifies application of the oversight provisions of the Police Services Act (PSA) to Ontario police officers operating out-of-province.

· Indemnification for civil, criminal, administrative action or proceedings that may be incurred while Ontario police officers are performing police duties outside of Ontario.

What are the roles and responsibilities of the Minister of Community Safety and Correctional Services under the IPA?

· The Minister of Community Safety and Correctional Services may designate Appointing Officials for the Province of Ontario.

· The Minister may revoke an Appointing Official designation.

· The Minister is not involved in reviewing requests for extra-provincial police officer appointments, approving, denying, or terminating appointments of extra-provincial police officers.

What are the roles and responsibilities of Ontario Appointing Officials?

· Appointing Officials will review applications for appointment submitted by extra-provincial commanders on behalf of their police officers.

· Appointing Officials will be responsible for approving, denying or terminating the appointments of extra-provincial police officers. Appointing Officials will have seven days to grant or deny a request for standard appointments.

· Appointing Officials may impose conditions on the appointment of an extra-provincial police officer.

· Appointing Officials may terminate appointments due to the conduct of the extra-provincial police officer or when the appointment is no longer required or appropriate.

· Appointing Officials are required to maintain records as prescribed with respect to extra-provincial police officer appointments requested, made, denied, and terminated.

· Appointing Officials are required to provide reports to the Minister of Community Safety and Correctional Services by January 15 and July 15 of each year with the number of extra-provincial police officer appointments requested, made, denied, and terminated within the reporting period.

· Appointing Officials are required to provide additional reports to the Minister as requested from time to time.

· Appointing Officials will be required to notify primarily affected Boards quarterly, or more often if specified by the Board, of appointments made and terminated within the reporting period.

Under Ministry guidelines, who can be designated as an Appointing Official for municipal police services?

· For municipal police services, a Chief of Police or Deputy Chief may be designated as an Appointing Official for the province of Ontario.

· Appointing Official authority will reside with the designated Chief of Police or Deputy Chief and cannot be delegated.

· The number of municipal Chiefs or Deputy Chiefs that are eligible for designation will not be limited by the Ministry provided that the Ministry deems the request for designation to be appropriate.

Under Ministry guidelines, who can be designated as an Appointing Official for the Ontario Provincial Police (OPP)?

· For the OPP, the OPP Commissioner/Deputy Commissioners and at the request of the OPP Commissioner, specific positions designated as Regional Commanders and Bureau Commanders, may be designated as an Appointing Official for the province of Ontario.

· The number of OPP applicants in these categories will not be limited by the Ministry, provided that the applicant has the support of the OPP Commissioner and the Ministry deems the request for designation to be appropriate.

What about periods when acting Chiefs of Police, acting OPP Commissioners, etc. are appointed?

· During periods when acting Chiefs of Police, acting OPP Commissioners, etc. are appointed, Appointing Official powers may be exercised by the individual acting in that capacity for the duration of the acting assignment.

What would be the process for appointing extra-provincial police officers in Ontario?

Standard Appointment Procedure (Part II):

· Part II sets out the standard procedure for appointing a police officer from another Canadian jurisdiction (“extra-provincial police officer”) as an Ontario police officer.

· A request may be made by an extra-provincial police officer’s commanding officer (“extra-provincial commander”) to an appointing official in Ontario, who is designated by the Minister of Community Safety and Correctional Services.

· A decision must be made within seven days after the request is made. The appointment can be made for a maximum of three years.

Appointment Procedure in Urgent Circumstances (Part III):

· Part III sets out the procedure for appointing an extra-provincial police officer in urgent circumstances. If the operation or investigation in Ontario would be compromised by the delay of applying under the standard procedure, the commander of an Ontario police force or of an Ontario Provincial Police detachment may appoint an extra-provincial police officer as an Ontario police officer for a maximum of 72 hours.

· A decision must be made as soon as reasonably possible after the request is made. The appointment may be renewed if a standard procedure request has been submitted but has not yet been approved or denied.

Will the extra-provincial police officer require a separate appointment for each Ontario jurisdiction in which they undertake policing activities?

· No. A separate appointment will not be required for each policing jurisdiction in Ontario.

What will happen with the special constable process?

· Nothing in the IPA limits or affects the power to appoint special constables. Each year the Ministry processes hundreds of special constable appointments for various police services in Ontario who designate individuals in roles that require peace officer status and/or specific police powers. These include Court Security Officers, Prisoner Transport Officers, University Campus Security Officers, and Transit Safety Officers, among others. In addition, the special constable process would still be used for Royal Canadian Mounted Police (RCMP) officers requiring powers under provincial legislation, as well as out-of-country police officers.

· Extra-provincial police officers who currently hold special constable status may choose to retain special constable status until term completion or seek IPA appointment via an Appointing Official and request termination of the special constable status through the sponsoring police service.

Can RCMP Officers be appointed under the IPA?

· No. Members of the RCMP cannot be appointed as extra-provincial police officers in Ontario under the IPA.

· The IPA defines “extra-provincial police officer” as an officer appointed or employed under the law of another province or a territory, but does not include a member of the RCMP.

· RCMP Officers already have criminal law enforcement authority across Canada.

· RCMP officers may still be appointed as special constables for the purposes of enforcing certain provincial statutes.

Will the law apply to police officers from the United States and other countries?

· No. The proposed legislation would apply to Canadian police officers only.

· An officer from the United States, or another country, may apply for special constable status if required through Ontario’s special constable process.

How will there be greater accountability and oversight under the new system?

Oversight (Part V):

· When a complaint is received about an extra-provincial police officer’s conduct in Ontario, an investigation may take place in the same way that an investigation of a complaint about an Ontario police officer takes place. The extra-provincial police officer would be subject to discipline in the jurisdiction where he or she is employed.

· An extra-provincial police officer who is appointed as a police officer in Ontario is not subject to the discipline proceedings in Part V of the PSA.

· An Ontario police officer appointed in another province or a territory is required to co-operate with any investigation, inquest or hearing in that province or territory.

· The complaints and discipline provisions of the PSA continue to apply to an Ontario police officer who is appointed as a police officer in another province or a territory in respect of his or her conduct there as if that conduct took place in Ontario.

Who will be responsible for paying the costs associated with conduct/criminal investigations involving an extra-provincial police officer?

Indemnification (Part VI):

· Part VI of the IPA (Indemnification) addresses the indemnification of extra-provincial police services for claims related to the torts of Ontario police officers operating outside of Ontario but is limited to jurisdictions with similar cross-border policing legislation with reciprocal provisions (currently, Nova Scotia, New Brunswick, Manitoba, Saskatchewan and Quebec have similar legislation). An Ontario police services board or the Crown in Right of Ontario may also enter into an agreement regarding indemnification.

· The IPA does not address indemnification in jurisdictions that do not have reciprocal cross-border policing legislation. Indemnification arrangements can be made between the affected Ontario and extra-provincial police services.

What will be the role of the Ontario Municipal Police Services Boards?

· When individuals submit applications for Appointing Official status to the Ministry (for municipal police services), they must have the approval of their Boards.

· Appointing officials will be required to notify primarily affected Boards quarterly, or more often if specified by the Board, of appointments made and terminated within the reporting period.

· Boards would be provided with the following information:

o Number of appointments made or terminated that primarily affect the Board’s jurisdiction;

o Name of province the extra-provincial police officer is from; and

o Duration of extra-provincial police officer appointment.

What applicable sections or Regulations of the PSA apply to extra-provincial police officer appointments?

· Extra-provincial police officers would be subject to the IPA, the PSA, and the following regulations under the PSA:

o Conduct and Duties of Police Officers Respecting Investigations by the Special Investigations Unit;

o Equipment and Use of Force. Extra-provincial police officers would essentially be subject to the same Use of Force training requirements and standards as consistent with Ontario police officers. Unlike Ontario police officers, extra-provincial police officers will not be granted extensions for updating their Use of Force Training;

o Code of Conduct under the General regulation; and

o Suspect Apprehension Pursuits.

· Extra-provincial police officers would be subject to these Regulations generally in the same manner as Ontario officers.

What training will be required for extra-provincial police officers?

· For Part II Standard Procedure Applications, the Appointing Official would collect information related to the last date an appointee received training in the use of force, use of firearms, and suspect apprehension pursuits to aid in the Appointing Official’s assessment of the application.

· For Part III Urgent Circumstances Applications, the Appointing Official would collect information related to whether the appointee has been trained in the use of firearms in the last year, and whether the appointee has received current training in the use of force and suspect apprehension pursuits. Due to the urgent nature of these appointments the specific dates of training will not be required, though the extra-provincial police officer would still be expected to adhere to the training requirements specified under the PSA and conditions on the appointment form. If the officer was to transition into a Part II Standard Procedure Appointment, dates for training would be required.

What are the conditions on extra-provincial police officer appointments?

· An Appointing Official can impose such conditions as the Appointing Official considers appropriate.

· Where applicable, an Appointing Official or local commander shall impose the following conditions on extra-provincial police officer appointments:

o The appointee shall not engage in a suspect apprehension pursuit unless the officer has received training on such pursuits and has the ability to notify a dispatcher from the local police force when initiating a pursuit; and

o The appointee may not exercise the authority of a police officer or provincial offences officer to enforce provincial legislation unless the appointee has received appropriate training.

Who will be monitoring the work of extra-provincial police officers while operating in Ontario (e.g. are extra-provincial police required to report to an Ontario police service/Appointing Official)?

· The extra-provincial police officer will remain an employee of his or her home police service, which will be responsible for supervising the extra-provincial police officer. The IPA does not create an employee-employer relationship between the extra-provincial police officer and an Ontario police service.

· Section 20 of the IPA requires the extra-provincial police officer to give notice to the local commander of any police service or detachment that he or she will be conducting duties in prior to commencing such duties.

· Section 21 of the IPA allows a local commander to direct an extra-provincial police officer about how they are to conduct duties while the extra-provincial police officer is operating within the local jurisdiction, to avoid interference with the provision of police services in that area.

Who will pay for the costs associated with supervising, training and equipping extra-provincial police officers to perform duties in Ontario?

· The extra-provincial police officer will remain an employee of his or her home police service. The IPA does not create an employee-employer relationship between the extra-provincial police officer and an Ontario police service.

· An Ontario police services board or the Crown in Right of Ontario may enter into an agreement regarding indemnification for costs, charges and expenses arising from the appointment of an Ontario police officer in another province or a territory or the appointment of an extra-provincial police officer as a police officer in Ontario.

· The IPA does not restrict police services from continuing to negotiate joint force protocols that may govern supervision, training and operational resourcing for the extra-provincial police officer, where appropriate.

· It does not restrict municipal police services boards from continuing to create policies under section 31 of the PSA, specifically those policies that govern the effective management of police forces.

Who may I contact for further information?

· The Ministry’s Selection System and Appointments Unit (SSAU) will be responsible for implementing the IPA. You may contact Maureen Bowman, A/Manager, SSAU at: Maureen.Bowman@ontario.ca; or 416-326-9347.