ONTARIO CIVILIAN POLICE COMMISSION
Protocol for Section 39 Budget Hearings
General Principles:
The Police Services Act requires that budgetary disputes shall be determined by the Commission, “after a hearing”. This is a formal public proceeding governed by the provisions of the Statutory Powers Procedure Act and the Public Inquiries Act.
The two parties to the dispute are the board and municipal council.
Section 39(5) of the Act states: “If the board is not satisfied that the budget established for it by the council is sufficient to maintain an adequate number of police officers or other employees of the police force or to provide the police force with adequate equipment or facilities, the board may request that the Commission determine the question and the Commission, shall, after a hearing, do so.”.
In determining the question raised under Section 39(5) of the Act, the Commission addresses the primary issue:
- Will the proposed estimates provide for adequate and effective police services that meet the needs of the community for the fiscal year in question?
Generally then, the hearing is narrow in focus. It concentrates on the financial amounts needed to maintain the service. Included in the calculations may be the number of members, equipment and facilities required by the service. It does not include consideration of wages and benefits for either the members of the service or the board.
Process for Obtaining Approval:
- Forward to the Commission correspondence from the police services board, indicating the desire to have the Commission decide the question. Attach 3 copies of the relevant materials, including:
- A copy of the proposed estimates, identifying the issues or items in dispute.
- An outline of the process followed by the board and municipal council to debate the issues.
- A written brief containing copies of any studies, cases or background material upon which the board or municipal council will rely.
- An indication, in advance, of the intention to bring preliminary motions and the nature of such motions.
- A list of proposed witnesses, knowledgeable about the proposed estimates, the nature of the items in dispute, any alternatives which may have been considered, their potential costs and the timing of any proposed expenditures.
- Other materials that may be relevant or useful to the Commission in determining the issues outlined above.
- Assurances that the information to be presented has been shared between the board and the municipality.
- The Commission will convene a public hearing in the community. Two or three members of the Commission will preside. The hearing will be advertised in the local news media. At the hearing, the Commission invites the following to make presentations or respond to questions.
- Representatives for the police services board and the municipality - to describe the dispute, its anticipated impact on the community, and the attempts made to resolve it.
- Chief of Police - to respond to any questions from the Commission on the adequacy of the proposed estimates.
- The local police association - to address issues related to the adequacy of the proposed estimates.
- Zone Police Services Advisor, Public Safety Division, Ministry of Community Safety and Correctional Services - to respond to any questions from the Commission on the adequacy of the proposed estimates.
- Members of the public - to address issues related to the adequacy of the proposed estimates.
In addition to the parties listed above, the Commission informs other groups of its plan to hold a public hearing, such as the Police Association of Ontario, the Ontario Senior Officers Police Association, the Ontario Association of Police Services Boards, and the Ontario Association of Chiefs of Police and welcomes any relevant submission from those organizations at the hearing.
- After concluding the hearing, the Commission will issue a written decision. Decisions are typically issued within a month.
For further information, contact the Commission at (416) 314-3004.
Updated February 6, 2009
