GOVERNANCE
Disclosure of an Individual's Personal Information Policy
Policy No. 01/24
Date Approved: June 26, 2024
Reporting Requirement: As set out in section 6 below
Legislative Authority: s. 80(1-4) Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1
s. 38(1)(c) Community Safety and Policing Act, 2019
O. Reg. 412/23 Disclosure of Personal Information
1. Policy Statement
The Regional Municipality of York Police Service Board is committed to supporting York Regional Police in establishing a procedure outlining whom, and in what circumstances an individual’s personal information may be disclosed by the chief of police, or a designate, in compliance with section 80 of the Community Safety and Policing Act.
This policy shall form part of the Board’s Policy Manual and the Chief of Police shall comply with these requirements in directing York Regional Police.
2. Purpose
To ensure any disclosure of an individual’s personal information made by the chief of police, or a designate, under subsection (1) of section (80) within the Community Safety and Policing Act complies with all other relevant sections of the legislation, and terms established in O. Reg 412/23. Board policy 01/24 ensures any disclosures of an individuals’ personal information activities pursued by service members will comply with;
- s. 80(1-4) Community Safety and Policing Act, 2019;
- s. 38(1)(c) Community Safety and Policing Act, 2019; and
- O. Reg. 412/23 Disclosure of Personal Information
3. Application
3.1 This policy shall apply to:
- Chief of Police or Designate
- Police Service Board
4. Definitions
Act: Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, its successor legislation and regulations
Board: The Regional Municipality of York Police Service Board who employs members of York Regional Police
Chief of Police: The Chief of Police for York Regional Police.
Designate: A person designated by the Chief of Police for the purposes of subsection 80 (1) of the Act.
Individual: An individual charged with an offence under any federal or provincial act if the individual;
- is arrested and released in accordance with Part XVI of the Criminal Code (Canada); or
- is served with a summons under Part III of the Provincial Offences Act in relation to an offence for which an individual may be arrested, even if an information has not been laid at the time the summons is served; or
- has been convicted or found guilty of an offence under any federal or provincial act
Personal Information: Information about an individual who has been charged with, convicted of or found guilty of an offence under any federal or provincial Act may be disclosed by a chief of police or a designate the following;
- The individual’s name, age, date of birth and address.
- The offence in question and, if the individual has been convicted or found guilty of the offence, any sentence imposed.
- The outcome of all judicial proceedings relevant to the offence.
- The procedural stage of the criminal justice process to which the prosecution of the offence has progressed and the status of the individual in that process as it relates to the individual’s location or custody, including whether the individual is in custody, or the terms, if any, upon which the individual has been released from custody.
- The date of the release or impending release of the individual from custody for the offence, including any release on parole or temporary absence.
O. Reg. 412/23: Regulation 412/23 Disclosure of Personal Information
Victim of Crime: An individual who, as a result of the commission of any offence under the Criminal Code (Canada) by another individual, suffers emotional or physical harm, loss of or damage to property or economic harm or, if the commission of the offence results in the death of the individual, the deceased persons children, parents, spouse, or dependents as defined by the Family Law Act
5. Responsibilities
5.1 The Chief of Police:
- Shall ensure any public disclosure will be made for one or more of the following purposes established in section 80 (2) for the;
- Protection of the public.
- Protection of victims of crime.
- Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.
- Law enforcement.
- Correctional purposes.
- Administration of justice, including the conduct of civil proceedings.
- Enforcement of and compliance with any federal or provincial Act, regulation or government program.
- Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual.
- Shall ensure any disclosure under subsection (a) deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act; and
- Shall consider the availability of resources and information, what is reasonable in the circumstances of the case; and
- Shall consider what is consistent with the law and the public interest; and
- Shall consider what is necessary to ensure that the resolution of criminal proceedings is not delayed; and
- If requested by a victim of crime, shall disclose information about an individual whom is accused of committing the offense in question, as it is defined in O. Reg. 412/23 s. (7)(2)
- Shall, if requested by an agency listed in O. Reg. 412/23 s. (8)(1), only disclose personal information about an individual who is under investigation for having committed an offence under any federal or provincial Act, or is charged with, convicted of or found guilty of such an offence to the following agencies, if it is determined the disclosure is required for the protection of the public, the administration of justice or the enforcement of or compliance with any federal or provincial act, regulation or government program.
6. Reporting
No reporting requirements.
7. Compliance
To ensure compliance with the Act and regulations, the Board will review this policy at least every 5 years commencing from the date of adoption.
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