GOVERNANCE

Board Member Code of Conduct & Complaints

Policy No. 01/26

Date Approved:                       Feb 18, 2026

Dates Amended:                     N/A

Reporting Requirement:         N/A

Legislative Authority:              Community Safety and Policing Act, 2019, S.O. 2019 c. 1. Sched. 1

O. Reg. 408/23 Code of Conduct for Police Service Board Members

Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50

1. Policy Statement

The York Regional Police Service Board (the Board) commits itself and its members to ethical, businesslike, and lawful conduct, including the proper use of authority and appropriate decorum, to earn and maintain the trust of the community it serves. The Board also recognizes the importance of responding promptly, thoroughly, and efficiently to all complaints regarding board member conduct. Ensuring that complaints are addressed in a professional, fair, and comprehensive manner is essential to establishing and maintaining positive community–police relations. Accordingly, it is the policy of the Board that all member disclosures, or conduct complaints, be managed in strict accordance with the requirements set out in the Municipal Conflict of Interest Act (MCIA), the Community Safety and Policing Act, 2019 (CSPA), and the Board’s Member Code of Conduct and Complaints Policy.

2. Purpose

This policy will ensure all York Regional Police Service Board Members shall comply with the Community Safety and Policing Act, Regulation 408/23: Code of Conduct for Police Service Board Members, the Municipal Conflict of Interest Act, and strictly adhere to the requirements contained within these acts.

3. Application

  1. York Regional Police Service Board Members
  2. York Regional Police Service Board Staff

4. Definitions

Board: The Regional Municipality of York Police Service Board whom employs members of the York Region Police Service, the Chief, Deputy Chiefs and Board Staff, and is responsible for the provision of adequate and effective policing within York Region.

Board Chair: The Board Member elected as Chair, at the first meeting of each year, as per the CSPA, or any other Member elected to serve as Chair during that same year, should the position become vacant.

Board Member: Any member of the York Regional Police Service Board duly appointed and in compliance with sections 33, 34, and 35 of the Act.

Board Member Code of Conduct: O. Reg. 408/23 of the Community Safety and Policing Act - Code of Conduct for Police Service Board Members.

Conflict of Interest: A situation in which a Member of the Board’s private interests or personal relationships place, or may reasonably be perceived to place, the Member in conflict with their duties as a Member of the Board.

CSPA: The Community Safety and Policing Act (CSPA), 2019 and its regulations as amended.

Executive Director: The individual appointed to the Board to lead and manage the operations of the Board.

Inspector General of Policing: The person appointed by the Lieutenant Governor to lead the Inspectorate of Policing (IoP), which is an independent oversight organization that strives to improve sector performance and accountability by ensuring compliance with Ontario’s policing legislation and regulations.

Ministry: The Province of Ontario’s Ministry of the Solicitor General.

MCIA: Municipal Conflict of Interest Act (MCIA) requires municipal and local board members to disclose any pecuniary (financial) interests they have in a matter being considered by their body. Members must then abstain from voting on, and even discussing, such matters to prevent their private interests from influencing their public duties. 

MFIPPA: The acronym for the Municipal Freedom of Information & Protection of Privacy Act

Personal Relationship: Includes, but is not limited to, a relationship with any of the following persons:

  1. A current or former spouse or common-law partner of the Member.
  2. A current or former intimate partner of the Member.
  3. The Member’s children, including biological, adoptive and stepchildren.
  4. The legal dependents of the Member.
  5. A child in the Member’s care.
  6. The Member’s grandparents, parents, or siblings, including grandparents-in-law and siblings-in-law.

York Region: The Regional Municipality of York, the Board’s geographic area for which it has policing responsibility.

York Regional Police: The police service established by the Board, under the direction of the Chief of Police

5. Responsibilities - York Regional Police Service Board Members

  1. All board members shall be familiar with, and comply with, the provisions of this Policy and Ontario Regulation 408/23 – Code of Conduct of Police Service Board Members (see Attachment 2).
  2. Upon commencement of their term on the board, or when this regulation comes into effect, board members shall confirm they have read, understand, and will comply with this policy and Ontario Regulation 408/23 – Code of Conduct of Police Service Board Members via email or in writing to the Executive Director.
  3. A board member shall not attempt to exercise individual authority over the organization. Board members' interactions with the Chief of Police, or with staff, shall recognize the lack of authority vested in individuals except when explicitly board directed as outlined in CSPA Section 40 (1-7).
  1. A board member shall ensure the confidentiality appropriate to issues of a sensitive nature and all matters discussed by the board during closed sessions as required by the Duty of Confidentiality outlined in CSPA Section 44 (4).
  2. A board member shall be properly prepared for board deliberation.
  3. A board member shall not infer, in any circumstance, with or without any form of police identification, they possess any policing responsibility or authority other than that as a police service board member as outlined within the CSPA, and the Board Member & Staff Identification Card Policy.
  4. Should a member of the Board be subject to an investigation by the Inspector General which results in the Inspector General directing a board member to decline to exercise their powers, or perform their duties as a member of the board, the member in question shall comply with this direction from the period that begins at the outset of an investigation into the member’s conduct and ends on the earlier of the following in accordance with Section 122 (1) of the CSPA:
  1. The day the member receives notice from the Inspector General that no further action will be taken in respect of the investigation.
  2. The day the Inspector General exercises a power under Section 124 (1) as a result of the investigation.​

5.1 Conduct Becoming of a Board Member

  1. As required under Sections (3-10) of O. Reg 408/23 a member of a police service board shall comply with the following;

    1. A Member of a police service board shall not conduct themselves in a manner that undermines or is likely to undermine the public’s trust in the police service board or the police service maintained by the police service board.
    2. A member of a police service board shall not be subject to discipline for a contravention of subsection (i) if, on a balance of probabilities, their conduct was in the good faith performance of their duties as a board member.
    3. A member of a police service board shall comply with the Act and the regulations made under it.
    4. A member of a police service board shall not, by act or omission, conduct themselves in a manner likely to cause the board to fail to comply with the Act or the regulations made under it.
    5. A member of a police service board shall comply with any rules, procedures, and by-laws of the police service board.
    6. A member of a police service board shall not substantially interfere with the conduct of police service board meetings.
    7. A member of a police service board is in contravention of this code of conduct if they are found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada) that was committed after they were appointed as a member of the police service board.
    8. A member of a police service board shall not, in the course of their duties, treat any person in a manner that the member, at the time, knows or reasonably ought to know would contravene the Human Rights Code.
    9. A member of a police service board shall conduct themselves in a professional and respectful manner in the course of their duties including, without limitation, not using abusive or insulting language in the course of their duties.
  2. For greater certainty, the existence of a good faith exception in this code of conduct does not limit the grounds on which it may be determined that a member of a police service board has not contravened this code of conduct.

5.2 Statements and Attendance:

  1. As required under Sections (11-16) of O. Reg 408/23 a member of a police service board shall comply with the following;
    1. A member of a police service board shall not knowingly make false statements pertaining to the duties of a member of a police service board.
    2. A member of a police service board shall not purport to speak on behalf of the police service board unless authorized by the board to do so.
    3. A member of a police service board shall clearly indicate when they are expressing a personal opinion when commenting on an action or omission of the police service board, the police service maintained by the board, or a member of the police service.
    4. A member of a police service board shall not access, collect, use, alter, retain, destroy or disclose to any person information that has been obtained by or made available to the member in the course of their duties if doing so would be contrary to law.
    5. A member of a police service board shall not disclose to the public information obtained or made available in the course of the member’s duties except as authorized by the police service board or as required by law.
    6. Subsection (v) does not apply to information that was already made available to the public by a person who was authorized to do so prior to the member’s disclosure.
    7. A member of a police service board shall attend all police service board meetings unless able to provide a reasonable explanation for the absence.

5.3 Communications:

  1. A member of a police service board shall adhere the highest professional business practices with respect to the creation and content of any Board communications. The following guidelines shall be followed when corresponding with a professional associate:
  1. A member shall not send or willingly receive communications containing obscene language, be viewed as harassing or defamatory to another person, or contain materials which are not suitable for the workplace. 
  2. When drafting any correspondence, a member shall be mindful of the possibility all written communications could be shared publicly when a statutory access request is received by the Board under the MFIPPA. A member shall craft their communications accordingly to avoid bringing potential discredit to the Board if said communications became public. 
  3. A member shall mark any written correspondence as confidential when it includes confidential information (e.g., texts containing or commenting upon a legal opinion or strategy should be marked as ‘Confidential’). With some exceptions, the MFIPPA provides for the protection of solicitor-client privilege and for the sheltering of advice given by a member.

5.4 Misconduct and Conflict of Interest Disclosure:

  1. As required under Section 17 of O.Reg 408/23 a member of a police service board shall disclose any conduct of another member of the police service board the member reasonably believes constitutes misconduct;
  1. to the chair of the board; or
  2. if the misconduct involves the chair, to the Inspector General.
  1. A member of a police service board shall disclose any charges laid against them under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada) and any finding of guilt made in relation to those charges under Section 18 of O.Reg 408/23.
  2. Subsection (b) only applies to charges or findings that were made after a member’s appointment to the police service board.
  3. The disclosure required by subsection (b) shall be made to the person or body that appointed the individual as a member of the police service board or, in the case of a member appointed by the Lieutenant Governor in Council, to the Minister as required by Section 18(3) of O.Reg 408/23.
  4. A member of a police service board shall not apply for employment with the police service maintained by the police service board unless they resign from the board before applying as outline in Section 19 of O.Reg 408/23.
  5. A member of a police service board shall promptly disclose any conflict of interest under the statutory requirements and definitions laid out in the Municipal Conflict of Interest Act (MCIA), and Section 20(1) of O.Reg 408/23.
  1. to the chair of the board; or
  2. if the conflict of interest involves the chair, to the Inspector General.
  1. Should a member of a police service board make a disclosure about a previous or ongoing conflict of interest that board member shall recuse themselves and shall not participate in any discussion of, or voting, with respect to conflicted matters at police service board meetings in compliance with statutory requirements established in Section 5(1) of the MCIA and Section 22 of O.Reg 408/23.
  2. After making the disclosure required by subsection (f), a member shall disclose the conflict at the next meeting of the police service board under Section 20(2) of O.Reg 408/23.
  3. As required by Section 21 of O.Reg 408/23 members of a police service board shall not use their position as a police service board member to;
  1. benefit themselves;
  2. benefit one or more persons with whom they have a personal relationship; or
  3. interfere with the administration of justice.

5.5 Complaints Process:

  1. All complaints received by persons listed in Section 108(1) of O.Reg 408/23 in relation to Sections 106(1) or 107(1) shall be forwarded promptly to the Inspector General, and the person making the complaint shall be notified the complaint has been forwarded, and provide the person with information about the role of the Inspector General.
  2. All complaints of conduct reasonably believed to be misconduct made to the Chair by a member of the Board, regarding another member of the board under Section 17 of O.Reg 408/23, shall be promptly forwarded to the Inspector as required by Section 108(1) of the CSPA.
  3. All complaints of conduct reasonably believed to be misconduct made by a member of the Board involving the chair are to be made directly to the Inspector General as required by Section 108(1) of the CSPA.
  4. All complaints referenced above shall be promptly disclosed to the full Board for information but not for discussion or debate, unless in the opinion of the Chair or Board member making the complaint, after receiving legal advice, such disclosure would compromise the investigation of the complaint by the Inspector General. In the event the complaint is not disclosed to the full Board pursuant to this section, the Board member reporting the matter to the Inspector General shall be advised accordingly, and notice to the Board member who is the subject of the complaint shall be made when the Inspector General deems such notice to be appropriate.
  5. If the complaint alleges a breach of the pecuniary conflict of interest under the Municipal Conflict of Interest Act (MCIA), the complaint shall be returned to the Complainant with an explanation that such complaints are outside of the jurisdiction of the Board, and must be dealt with under that Act.

6. Compliance

To ensure compliance with the Act and regulations, the Board will review this policy at least every five years commencing from the date of adoption.

 

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