ONTARIO CIVILIAN POLICE COMMISSION
Protocol for Section 40 Reduction Hearings
General Principles:
In considering a request to reduce the size of a police service under Section 40 of the Police Services Act the Commission addresses two primary issues:
Does the proposed reduction impair the ability of the Service to provide adequate and effective police services that meet the needs of the community? If, in the view of the Commission it does, the reduction will not be approved.
In the proposed reduction, will the terminated members of the police service be dealt with on a fair and reasonable basis? If the members have not either reached a settlement or agreed to submit the matter to arbitration, the Commission has the authority to order arbitration.
It should be noted that under Section 40, the Commission does not decide between alternative proposals or assess which method of providing policing services will be most economical, or otherwise preferred. Those decisions rest solely with the local community through the appropriate municipal council and police services board. The Commission will, however, ask questions to assure itself that those local bodies have approached their decision to request a reduction in a manner that has allowed for public input into that decision.
Process for Obtaining Approval:
- Forward to the Commission a copy of the resolutions passed by the Police Municipal Council and Police Services Board indicating the desire to reduce the size of the Police Service. Attach 3 copies of the relevant materials, including:
- A copy of the proposed reduction to the Police Service and a description of how it is to be achieved.
- An outline of the process followed by the local authorities to obtain public input on the proposal.
- Other materials that may be relevant or useful to the Commission in determining the issues outlined above.
- The Commission will convene a public meeting in the community. Two or three members of the Commission will preside. The meeting will be advertised in the local news media. At this meeting, the Commission invites the following to make presentations or respond to questions.
- Representatives for the Municipality and the Police Services Board - to describe the proposal, its anticipated impact on the community, the public consultation process employed to help develop the initiative; and their acceptance of the agreement.
- Representatives of the Ontario Provincial Police, if OPP contract policing is proposed - to describe the new policing arrangements.
- Representative of the Police Services Board - to describe what arrangements, if any, are in place to deal with members whose employment may be terminated.
- Representative of the Police Association - to confirm what employment or severance arrangements have been made for their members.
- Chief of Police - to respond to any questions from the Commission on the adequacy of the proposed services and to confirm the status of his or her proposed termination or employment.
- Zone Police Services Advisor, Policing Services Division, Ministry of Public Safety and Security - to discuss the adequacy of the proposed police service.
- Members of the public - to address issues related to the adequacy of the proposed service.
In addition to the parties listed above, the Commission informs other groups of its plan to hold the public meeting, such as the Police Association of Ontario, the Ontario Senior Officers Police Association, the Ontario Association of Police Services Boards, the Ontario Association of Chiefs of Police and the Ministry of Public Safety and Security and welcomes any relevant submission from those organizations at the meeting.
- Upon receiving the above information, the Commission will issue a written decision. Decisions are typically issued within a month of receiving all the pertinent information.
For further information, contact the Commission at (416) 314-3004
