Inspector General Memo #1: Authorities, Policing Agreements, Requests, Notifications and Disclosures

 

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TO:

All Chiefs of Police and

Commissioner Thomas Carrique

Chairs, Police Services Boards
FROM: Ryan Teschner, Inspector General of Policing of Ontario
DATE:  August 1, 2024
SUBJECT:  Inspector General Memo #1: Authorities, Policing Agreements, Requests, Notifications and Disclosures

 

The first few months of Ontario’s new policing landscape under the Community Safety and Policing Act, 2019 (CSPA) have marked the successful launch of operations, as well as exciting challenges and lessons learned for the team at the Inspectorate of Policing. I, along with my team, have welcomed the opportunity to engage with many of you to answer questions about the Inspector General (IG) of Policing’s role, as well as your respective new responsibilities under the CSPA.   

 

Inspector General Memorandums and Advisory Bulletins

 

In my communication to you dated April 2, 2024, I indicated that my office would be sharing more information to provide clarity regarding certain duties and authorities of the IG. I hope that this first Inspector General Memo (IGM) will be helpful to you as we navigate this new world, and in particular, that the enclosed Advisory Bulletins (the subjects of which are outlined below) will serve as useful resources for you. 

 

Advisory Bulletins are the IG’s advice provided pursuant CSPA s. 102(4) and are intended as a resource for the sector by offering the IG’s general interpretation of various provisions of the CPSA. Advisory Bulletins are not legally binding, and they do not purport to address all possible factual scenarios or circumstances. As such, you may wish to consult with legal counsel to determine how this general guidance should be applied in in your own local context and to navigate specific situations. 

 

I may update Advisory Bulletins periodically, and as we encounter other topics that will benefit from guidance and more information, I will issue further IGMs and Advisory Bulletins.  

 

Advisory Bulletins enclosed

 

Based on our first months of experience and questions we have received from the policing sector, this first IGM encloses five Advisory Bulletins that provide operational guidance on a range of CSPA requirements. The bulletins are:

 

  • How Policing is Delivered (Attention: Boards and Chiefs): IG advice on how to apply CSPA requirements to address local service delivery and assistance between police organizations, including what should be submitted to the IG regarding:
    • Policing Agreements (CSPA s.14);
    • Temporary Assistance; and,
    • Emergency Requests for Assistance (CSPA s.19).

 

  • Right to Disclose Misconduct (Attention: Boards and Chiefs): information on the new ability for members of a police service to report misconduct relating to their own police service or employer, including procedural requirements and the role of the IG in relation to this subject (CSPA s.185).

 

  • Conflicts of Interest Regulation (Attention: Chiefs and Boards): information and tools to support compliance with the requirements set out in the Regulation for managing conflicts of interest, including a flow chart outlining key decision points and notification requirements, as well as the corresponding Ministry of the Solicitor General-approved forms.

 

  • Board Member Code of Conduct Regulation (Attention: Boards): information on key requirements for board members with respect to handling potential misconduct and conflicts of interest, including when the IG must be notified. 

 

  • Forwarding Complaints to the IG (Attention: Boards and Chiefs): outlines a procedure that can be used by chiefs of police, boards, board members and other persons and entities listed in CSPA s. 108 to forward matters to the IG where the complaints fall within the IG’s mandate under CSPA ss.106 and 107.

 

Police Service Advisors and new authorities

 

As a reminder, the duties of the IG under CSPA s.102(4) include to monitor, consult with and advise police services, chiefs of police and police service boards (among others) to ensure that they comply with the CSPA and its regulations. The IG also has a duty to monitor members of police services boards to ensure that they do not commit misconduct. 

 

To support the fulfillment of these IG duties, the Inspectorate of Policing’s Police Services Advisors have been appointed by me as inspectors under the CSPA, and hold the statutory authorities of an inspector. To ensure that Police Services Advisors are able to support the delivery of these IG duties, CSPA s. 115(7) states that inspectors can enter closed police service board meetings for the purpose of monitoring, or for an inspection, except where legally privileged issues are being discussed by a board. While our Police Services Advisors are often welcomed into and do attend closed meetings of police service boards, I wanted to bring this new statutory authority to your attention.

 

I understand that many of the requirements outlined in this communication are new, as is the mandate under which I operate as IG. While some of the requirements may seem technical, they all support the application of my oversight mandate and enable better information analysis to assist in supporting the delivery of adequate and effective policing across Ontario.

 

As the Inspectorate of Policing gains further operational experience and insights, and through continued engagement with Ontario’s policing sector, I will continue to share information and advice that will assist you in meeting the requirements of the CSPA and its regulations. 

 

I trust this information will be helpful to you. Should you have any questions, please connect with your Police Services Advisor.

 

Sincerely,

Ryan Teschner

Inspector General of Policing of Ontario