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Police Services Act

Investigations into police matters

25.  (1) The Commission may, at the Solicitor General's request, at a municipal council's request, at a board's request or of its own motion, investigate, inquire into and report on,

  1. the conduct or the performance of duties of a police officer, a municipal chief of police, an auxiliary member of a police force, a special constable, a municipal law enforcement officer or a member of a board;
  2. the administration of a municipal police force;
  3. the manner in which police services are provided for a municipality;
  4. the police needs of a municipality. R.S.O. 1990, c. P.15, s. 25 (1); 1997, c. 8, s. 17 (1, 2).

Cost of investigation

(2) The cost of an investigation conducted at a council's request shall be paid by the municipality, unless the Solicitor General directs otherwise.

Report

(3) The Commission shall communicate its report of an investigation under subsection (1) to the Solicitor General at his or her request and to the board or council at its request, and may communicate the report to any other person as the Commission considers advisable. R.S.O. 1990, c. P.15, s. 25 (2, 3).

Actions taken, police officer, municipal chief of police

(4) If the Commission concludes, after a hearing, that the conduct of a police officer or municipal chief of police is proved on clear and convincing evidence to be misconduct or unsatisfactory work performance, it may direct that any action described in section 68, as specified by the Commission, be taken with respect to the police officer or municipal chief of police or it may direct that the police officer or municipal chief of police be retired if he or she is entitled to retire.

Actions taken, auxiliary member, special constable, municipal law enforcement officer

(4.1) If the Commission concludes, after a hearing, that an auxiliary member of a police force, a special constable or a municipal law enforcement officer is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may direct that,

  1. the person be demoted as the Commission specifies, permanently or for a specified period;
  2. the person be dismissed;
  3. the person be retired, if the person is entitled to retire; or
  4. the person's appointment be suspended or revoked. 1997, c. 8, s. 17 (3).

Penalties, member of board

(5) If the Commission concludes, after a hearing, that a member of a board is guilty of misconduct or is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may remove or suspend the member.

Appeal to Divisional Court

(6) A member of a police force or of a board on whom a penalty is imposed under subsection (4) or (5) may appeal to the Divisional Court within thirty days of receiving notice of the Commission's decision.

Grounds for appeal

(7) An appeal may be made on a question that is not a question of fact alone, or from a penalty, or both.

Replacement of suspended or removed member

(8) If the Commission suspends a member of a board or removes him or her from office, the municipal council or the Lieutenant Governor in Council, as the case may be, shall appoint a person to replace the member.

Consequences of removal and suspension

(9) A member who has been removed shall not subsequently be a member of any board, and a member who has been suspended shall not be reappointed during the period of suspension. R.S.O. 1990, c. P.15, s. 25 (5-9).

Inquiries respecting crime and law enforcement