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Legislation, Rules and Regulations

Legislation

The Community Safety and Policing Act, 2019 was proclaimed on April 1, 2024, and upon proclamation, the Office of the Independent Police Review Director (OIPRD) as renamed to Law Enforcement Complaints Agency (LECA). In our new capacity as LECA, we are operating in much the same way that the OIPRD did, continuing to receive, screen, and investigate public complaints concerning police conduct.

However, our mandate has expanded to include complaints about the conduct of the following:

  1. Niagara Parks Commission
  2. The Legislative Protective Service
  3. First Nations Police Officers if the police service opt-in to the CSPA.

LECA no longer has jurisdiction over policing policy and service. The Inspectorate of Policing will review matters involving the adequacy and effectiveness of police services.

In addition, LECA has the authority to initiate an investigation in the absence of a public complaint if it is in the public interest to do so. We can also retain the ability to conduct systemic reviews.

LECA is also no longer responsible for posting disciplinary hearing decisions on its website. This responsibility now lies with the Ontario Police Arbitration and Adjudication Commission. Lastly, LECA cannot conduct criminal investigation, direct or lay criminal charges.

Please note the following:

  1. If the incident date(s) is prior to April 01, 2024, it will be reviewed under the Police Services Act. If the incident date(s) is after April 01, 2024, it will be reviewed under the Community and Safety and Policing Act, 2019.
  2. Hearings conducted and scheduled prior to April 01, 2024, will be reviewed under the Police Services Act.
  3. Policy and service complaints with incident date(s) after April 01, 2024, will be referred to the Inspectorate of Policing.

Community Safety and Policing Act, 2019

The act sets out LECA’s mandate as well as its authority and obligations to operate the public complaints system for Ontario.

This section of the act establishes Law Enforcement Complaints Agency, the Complaint’s Director’s office, its functions and investigative powers.

Highlights:                                                                          

  • Establishes that there shall be a Complaints Director, appointed by Lieutenant Governor in Council on the recommendation of the Attorney General.
  • LECA can only deal with complaints about sworn police officers in Ontario, including municipal, regional, and provincial (OPP) police officers, as well as Special Constables of Niagara Parks Commission and the Legislative Protective Service.
  • LECA will also have jurisdiction over First Nations officers if the police service opt-in to the CSPA.
  • A police officer or former police officer cannot be appointed as Complaints Director.
  • Employees of the Law Enforcement Complaints Agency cannot be sworn police officers.
  • The Complaints Director and LECA employees cannot give testimony in a civil proceeding, and documents created by LECA are not admissible in civil proceedings other than the proceedings under the Act.
  • The Ontario Police Arbitration and Adjudication Commission is now responsible for hearings and for ensuring that decisions after a disciplinary hearing are published online.
  • In the absence of a public complaint, the Complaints Director may initiate an investigation into police conduct if in the Complaints Director’s opinion, it is in the public interest to do so.
  • The Complaints Director should notify the SIU Director and the Inspector General of Policing if he becomes aware of any issue that would fall under the jurisdiction.

Regulations 

Regulations are rules that are governed by law and backed by the use of penalties. Regulations are made by the Lieutenant Governor in Council and must be followed. 
The following regulations, made under the authority of the Community Safety and Policing Act, further develop and clarify the legal responsibilities and powers of the Complaints Director:

O. Reg. 416/23

OATHS AND AFFIRMATIONS

O. Reg. 415/23

COST OF ADJUDICATION HEARINGS

O. Reg. 414/23

COMMUNITY SAFETY AND WELL-BEING PLANS – PUBLICATION AND REVIEW

O. Reg. 413/23

AMOUNT PAYABLE BY MUNICIPALITIES FOR POLICING FROM ONTARIO PROVINCIAL POLICE

O. Reg. 412/23

DISCLOSURE OF PERSONAL INFORMATION

O. Reg. 411/23

COMPLAINTS ABOUT SPECIAL CONSTABLES

O. Reg. 410/23

CODE OF CONDUCT FOR SPECIAL CONSTABLES

O. Reg. 409/23

CODE OF CONDUCT FOR O.P.P. DETACHMENT BOARD MEMBERS

O. Reg. 408/23

CODE OF CONDUCT FOR POLICE SERVICE BOARD MEMBERS

O. Reg. 407/23

CODE OF CONDUCT FOR POLICE OFFICERS

O. Reg. 406/23

DISCIPLINE

O. Reg. 405/23

POLICE UNIFORMS AND EQUIPMENT

O. Reg. 404/23

ADJUDICATION HEARINGS

O. Reg. 403/23

ONTARIO POLICE ARBITRATION AND ADJUDICATION COMMISSION

O. Reg. 402/23

POLITICAL ACTIVITY

O. Reg. 401/23

CONFLICTS OF INTEREST

   

O. Reg. 400/23

COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN CIRCUMSTANCES – PROHIBITION AND DUTIES

O. Reg. 399/23

GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL

O. Reg. 398/23

ALTERNATIVE PROVISION OF POLICING FUNCTIONS

O. Reg. 397/23

VEHICLE PURSUITS

O. Reg. 396/23

MATTERS RESPECTING THE APPOINTMENT AND FUNCTIONS OF SPECIAL CONSTABLES AND THE AUTHORIZATION OF SPECIAL CONSTABLE EMPLOYERS

O. Reg. 395/23

INVESTIGATIONS

O. Reg. 394/23

MAJOR CASE MANAGEMENT AND APPROVED SOFTWARE REQUIREMENTS

O. Reg. 393/23

ACTIVE ATTACKER INCIDENTS

O. Reg. 392/23

ADEQUATE AND EFFECTIVE POLICING (GENERAL)

O. Reg. 391/23

USE OF FORCE AND WEAPONS

 

LECA Rules of Procedure

In addition to the Community Safety and Policing Act and Regulations, LECA has created a set of Rules of Procedure to help in the fair and effective day-to-day running of the public complaint system. 
Rules – Appendix A.

LECA Guidelines
001-Guideline for Reviewing Complaints
002-Guideline for Retaining/Referring Complaints
003-Guideline for Issuing Notice of Inquiry and Examination
004-Guideline for Investigative Reports
005-Guideline for LECA Prosecutions
006-Guideline for Notifications from the Ministry of the Solicitor General
007-Guideline for Notifications from Chiefs of Police & Commissioner
008-Guideline for Notifications from Police Services Boards
009-Guideline for Notifications from the Inspector General (IG)
010: Guideline for Notifications from the Special Investigations Unit (SIU)

OIPRD Rules of Procedure

OIPRD Guidelines 
001 – OIPRD Guideline for Reviewing Complaints
002 – OIPRD Guideline for Retaining Complaints
003 – Guideline for Publishing Notification Letters
005 – Guideline for Publishing Disciplinary Hearing Decisions

OIPRD MOU
OIPRD MOU Reaffirmation Letter