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OTTAWA POLICE SERVICES BOARD COMMISSION DE SERVICES POLICIERS D’OTTAWA
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Working together for a safer community La sécurité de notre communauté, un travail d’équipe |
REPORT RAPPORT |
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DATE 25 June 2012
TO/DEST. Chair and Members, Ottawa Police Services Board
FROM/EXP. Executive Director, Ottawa Police Services Board
SUBJECT/OBJET AMENDMENT TO BOARD POLICY ON EQUIPMENT – BODY ARMOUR
That the Ottawa Police Services Board approve the amended Board Policy on Equipment – Body Armour (#AI-015) set out in Annex A.
BACKGROUND
The Ontario Ministry of Community Safety and Correctional Services publishes a Policing Standards Manual that contains guidelines to assist police services boards, chiefs of police and municipalities with their understanding and implementation of the Police Services Act and its regulations, including the Regulation on the Adequacy and Effectiveness of Police Services. The Ottawa Police Services Board has adopted the standard guidelines published by the Ministry through its policies contained in Chapter 4 of the Board’s Policy Manual. These policies form part of the Board’s instructions to the Chief of Police. For each Board policy there is a corresponding police service policy or “procedure” that contains the detailed operational requirements mandated by the Ministry.
In March 2011 the Ministry issued an “All Chiefs Memo” advising of an administrative amendment to the Legislative/Regulatory Requirements section of its Ministry Guideline on Equipment – Body Armour (AI-015). This Ministry guideline is captured in the Board’s Policy AI-015 of the same name. The amendment will bring the Guideline in line with regulatory references contained in a new General Regulation made under the Police Services Act (PSA) as a result of the enactment of the Interprovincial Policing Act, 2009, and the revocation of two PSA Regulations that are now part of the General Regulation.
The current version of the Board policy is as follows:
Current Version
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LEGISLATIVE REFERENCE / AUTHORITY |
Occupational Health and Safety Act; Police Services Act, section 135; Police Services Act Regulation 926 – Equipment and Use of Force |
LEGISLATIVE REFERENCE / AUTHORITY
The Occupational Health and Safety Act (OHSA) sets out the responsibilities of employers, supervisors and workers for workplace safety.
Section 135 of the Police Services Act allows for the making of regulations regarding the use of any equipment and the use of force by a police force or any of its members. “Regulation 926” (Equipment and Use of Force), under the Police Services Act, sets out requirements in relation to the use of force, including use of approved weapons, training, reporting and use/technical specifications for handguns.
BOARD POLICY
It is the policy of the Ottawa Police Services Board with respect to equipment-body armour that:
1. The Chief of Police will:
a) ensure the provision of body armour equipment that is:
i) constructed to provide the level of protection necessary for the performance of duty that addresses:
· the type of weapons members are likely exposed to;
· protection for members from their own handguns and ammunition that are in accordance with prescribed specifications;
b) ensure the provision of body armour that is purchased from manufacturers that:
i) practice effective quality control for testing and labelling in accordance with current National Institute of Justice (NIJ) Standards/Requirements on Ballistic Resistance of Body Armor;
ii) are certified under current International Organization for Standardization-ISO 9001:2008 standards for production and manufacturing; and
iii) ensure that the body armour provided is listed on the NIJ Compliant Products List, including replacement panels and carriers, in accordance with current NIJ Standards/Requirements;
c) ensure that each member uses, maintains and cares for the body armour provided in accordance with the manufacturer’s instructions;
d) ensure that a formal and documented inspection program is in place that addresses wear and tear;
e) ensure that members receive the appropriate training on the legislative requirements of OHSA and information on use and care, as well as the benefits and limitations of body armour; and
f) consult with designated employee representatives regarding the acquisition of body armour.
Note: Publication of this guideline revision does not invalidate or render unsuitable any body armour models previously determined by the NIJ to be compliant to either the NIJ 2005 Interim Requirements or the NIJ Standard-0101.04 Rev. A Requirements. While it may not be necessary to remove these existing armours from service, agencies are advised to always require their procurements to meet or exceed the most recent and up-to-date version of this guideline.
Revised Version
The policy as amended by the Ministry would be the same as above except with the addition of the following paragraph in the Legislative Reference/Authority section:
Section 7 of O.Reg. 268/10 (“General”) made under the Police Services Act (PSA), requires that all articles of uniform and equipment necessary for the performance of duty shall be provided by the municipality, but, where a uniform or equipment is damaged or lost through the fault of the member of a police force, the member shall bear the cost of replacement.
A copy of the revised policy with the amendment incorporated is attached at Annex A.
CONSULTATION
No consultation was required as the amendment was made by the Ministry of Community Safety and Correctional Services and all police services boards are expected to adopt the policy guidelines issued by the Province.
FINANCIAL STATEMENT
There are no financial implications associated with this report.
CONCLUSION
All police services boards in Ontario are expected to adopt policies that are consistent with the standard guidelines issued by the Ministry of Community Safety & Correctional Services. The Ministry has made revisions to the Equipment – Body Armour Guideline, which is reflected in the Board’s Policy Manual as Policy AI-013. Approval of the amendment proposed in this report will ensure the Ottawa Police Services Board remains compliant with Ministry standard guidelines.
(original signed by)
W. Fedec
Attach. (1)