Governance
Appointments and Functions of Special Constables Policy

Policy No. 04/26

Date Approved: March 25, 2026

Dates Amended: N/A

Reporting Requirements: Annually, as outlined in section 11

Legislative Authority:

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

O. Reg. 396/23 Matters Respecting the Appointment and Functions of Special Constables and the Authorization of Special Constable Employers.  

O. Reg. 410/23 Code of Conduct for Special Constables

O. Reg. 411/23 Complaints about Special Constables

O. Reg. 86/24 Special Constable Uniforms

O. Reg. 416/23 Oaths & Affirmations

O.Reg. 87/24 Training

1. Policy Statement

The York Regional Police Service Board (the “Board”) is committed to supporting York Regional Police in establishing procedures and requirements to determine the eligibility, appointment, management, and oversight of Special Constables by the York Region Police Service Board. 

2. Purpose

This policy ensures compliance with sections 91-100 of the Community Safety and Policing Act (the “Act”) and O.Reg. 396/23 Matters Respecting the Appointment and Functions of Special Constables, the training requirements outlined in O.Reg. 87/24 Training, and the uniform requirements outlined in O. Reg. 86/24 Special Constable Uniforms.

This policy also ensures compliance with O.Reg. 410/23 Code of Conduct for Special Constables, and outlines a required process to address complaints made against Special Constables who are employed by the Board under O.Reg. 411/23 Complaints about Special Constables.

3. Application

  1. York Regional Police Service Board
  2. The Chief of Police
  3. Any individual appointed and employed by the Board as a Special Constable as set out in section 92 (1) and specified in the certificate of appointment.

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.

Certificate of Appointment: Means a certificate issued by the Board pursuant to section 92 (6) of the CSPA, as amended, appointing an employee of the Service as a Special Constable

Chief of Police: The Chief of Police for York Regional Police or their designate.

Complaint: A statement submitted to the Board that brings attention to the possibility that a Special Constable has engaged in conduct that constitutes misconduct, contravened the terms and conditions of their certificate of appointment, or contravened any provision of the Act.

Code of Conduct: The code of conduct applicable to all Special Constables, as set out in Ontario regulation 410/23 Code of Conduct for Special Constables.

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

Special Constable(s): Means a Member of the Service appointed by the Board to carry out Special Constable functions in accordance with the CSPA, O. Reg. 396/23, as amended, and the terms and conditions of the Certificate of Appointment.

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

5. Responsibilites

5.1. The Chief of Police shall:

  1. Ensure compliance with all applicable sections of the CSPA and any applicable Regulations.
  2. Develop and maintain written procedures and processes that addresses the recruitment, application process, and selection process including background checks, interviews, and evaluations of their capability to perform the duties of a Special Constable.
  3. Make recommendations to the Board regarding Members or individuals to be appointed as Special Constables.
  4. Ensure that candidates recommended to the Board pursuant to this section 5.1(c) meet, at a minimum, the criteria set out in section 92 (1) of the CSPA, as amended.
  5. Ensure that the Special Constable powers and duties recommended to be included in the Certificate of Appointment of a Special Constable are included in and do not exceed the powers and duties prescribed in O. Reg. 396/23, as amended.
  6. Ensure the Board is notified in writing of any circumstances reasonably requiring consideration of an amendment, suspension or termination of the Certificate of Appointment.
  7. Make recommendations to the Board in a report regarding the reappointment of a Special Constable at the end of their term ensuring all Special Constables seeking reappointment have met all standards and completed the required training.
  8. Ensure new Certificates of Appointment are submitted to the Board prior to the expiry date of the existing Certificates of Appointment.

5.2. The Board Shall:

  1. Upon receiving the Chief’s recommendation, review the recommendation. In the absence of any information indicating non-compliance with the Act or O. Reg. 396/23, the Board shall issue a Certificate of Appointment to the Special Constable as recommended.
  2. Not appoint a person as a special constable if the special constable is likely to regularly perform his or her duties or exercise his or her powers outside of the area for which the board has policing responsibility.
  3. Not make an appointment under section 5.2(a) if the persons employment as a Police Officer in a Canadian jurisdiction was previously terminated for cause or if the person resigned in lieu of being terminated for cause.
  4. After receiving the results of a misconduct investigation, suspend or terminate the appointment of a special constable who was appointed by the board after providing written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing, as the police service board may determine.
  5. Reappoint a Special Constable at the end of their term.

6. Certificate of Appointment

6.1. The Board Shall:

  1. Issue a Certificate of Appointment to a successful Special Constable applicant. The Certificate of Appointment shall contain:
    1. The name of the employer who may employ the appointee as a Special Constable.
    2. The term of the appointment, which must not be more than the prescribed period, if any.
    3. The purposes for which the person may act as a Special Constable, from among those set out in the Regulations;
    4. The powers of a Police Officer that the Special Constable may exercise, if any, to the extent and for the purposes specified in O. Reg. 396/23, Schedule Purpose, and Powers for Certificate of Appointment and Permitted Weapons; (See Appendix A)
    5. Any weapons or prescribed equipment that the Special Constable is authorized to carry or use in the course of their duties; and
    6. Any other terms or conditions the Board considers appropriate.
  2. Issue a certificate of appointment to the person after his or her appointment as a special constable but before the day the person begins to exercise the powers and perform the duties of a special constable. 
  3. Amend a Special Constable’s Certificate of Appointment, including imposing new terms and conditions or varying existing terms and conditions, after giving the Special Constable written notice and an opportunity to respond orally or in writing, as the case may be.
  4. Terminate a Special Constables appointment, without notice and without an opportunity to respond, if he or she ceases to be employed by the employer specified in the certificate of appointment
  5. The certificate of appointment shall not authorize the special constable to carry or use a firearm in the course of his or her duties unless,
    1. the special constable provides policing in another jurisdiction and is authorized to carry or use a firearm in the course of his or her duties in that jurisdiction;
    2. the special constable is authorized under a law of Canada to provide policing in Ontario and to carry or use a firearm in the course of his or her duties
  6. Not appoint a Special Constable for a term exceeding three years.

6.2. The Chief of Police Shall:

  1. Submit a Board Report and the Certificates of Appointment to the Board for signature before the completion of the Special Constables’ training.
  2. Notify the Board of any circumstances that may reasonably require consideration for amending, suspending, or terminating a Special Constable’s Certificate of Appointment.
  3. Ensure the successful applicant(s) take an Oath/Affirmation of Office and Secrecy, as prescribed by the CSPA, and be fingerprinted.

7. Orientation and Training

7.1. The Chief of Police Shall:

  1. Ensure initial training is provided to ensure Special Constables have the knowledge, skills and abilities required to perform their functions including:
  1. The program entitled “Police Employed Training Program”, developed by the Ontario Police College (the College), and delivered by this Police Service in accordance with O. Reg. 87/24 - Training;
  2. If the Special Constable may be required to use force on another person or is authorized to carry or use a weapon within every 12 months, successfully complete the course entitled “Use of Force Requalification (Special Constables)”, delivered by the College or by a certified trainer in respect of the course;
  3. If it is not reasonably possible for a Special Constable to comply with 7.1(a)(ii), within a 12-month period, an extension of up to 60 days may be provided the Chief of Police as outlined in section 14(3) of O.Reg. 87/24 during which time the Special Constable shall comply with the requirement in accordance with section 10 in O.Reg 87/24 - Training;
  4. The training prescribed by the Minister, including techniques to de-escalate conflict situations and any other matters prescribed by the Minister, unless the person has been exempted from some or all of this training in accordance with requirements outlined in section 92(1)f of the CSPA;
  5. The training approved by the Minister with respect to human rights and systemic racism; and the rights and cultures of First Nation, Inuit, and Métis Peoples in accordance with requirements outlined in section 92(1)f of the CSPA.
  1. Ensure existing Special Constables must complete similar training outlined in Section 7.1(a) of this Policy within three years or before reappointment.
  2. Any other training determined by the Chief of Police to perform their functions.

8. Uniform and Equipment

8.1.  The Chief of Police shall:

  1. Ensure Special Constables will be issued with uniform and equipment items in accordance with the procedures of this Police Service.
  2. Establish procedures regarding the responsibilities and use of issued uniforms and equipment by Special Constables.
  3. Ensure any uniform worn by a Special Constable must comply with the requirements of Ontario Regulation 86/24 - Special Constable Uniforms:
    1. The uniform must be of a colour that is readily distinguishable from the colour of the uniform typically worn by Police Officers performing community patrol functions in the area where the Special Constable normally performs their duties; and
    2. It must include pants or shorts that have a stripe running along the length of the legs of the garment. The stripe must be the same colour for all special constables employed by the same employer and must be of a colour that is readily distinguishable from the colour of any stripe running along the length of the legs of the pants or shorts typically worn as part of uniforms for Police Officers; and
    3. The phrase “Special Constable” must be clearly legible on any shoulder flashes, and appear prominently and be clearly legible on any part of the uniform worn on the upper body, including any patrol jacket; and
    4. The phrase “Special Constable” - must appear prominently and be clearly legible on the front and back of any body armour worn by a Special Constable.
  4. Ensure a special constable shall not possess or use a firearm, any other weapon or any other prescribed equipment in the course of his or her duties unless;
    1. the special constable’s certificate of appointment authorizes its carrying or use; or
    2. the special constable is authorized under a law of Canada to provide policing in Ontario and to carry or use the firearm, other weapon or equipment in the course of his or her duties.

9. Special Constable Duties and Restrictions

9.1 The Chief of Police Shall:

  1. Ensure a person appointed as a Special Constable only carry out their duties in accordance with the terms, conditions and purposes set out in the certificate of appointment.
  2. Ensure a special constable shall comply with the Act and the regulations made under it.
  3. Ensure a Special Constable may not, by means of a motor vehicle, pursue a fleeing motor vehicle.
  4. Ensure a Special Constable shall not use powers granted under the Mental Health Act to apprehend an individual; however, Special Constables may use powers granted under the Mental Health Act to assume custody of an individual who has been apprehended by a Police Officer under the Act.
  5. Ensure that pursuant to Section 95(2) of the CSPA, a Special Constable shall not perform all the duties of a Police Officer on a permanent basis, whether part-time or full-time.
  6. Section 9.1(e) does not prohibit the police service from authorizing Special Constables to escort and convey persons in custody and to perform duties related to the responsibilities of the Board under Part XV of the CSPA.
  7. Establish and maintain written procedures regarding the disclosure of misconduct that is alleged to have been engaged in by a Special Constable, pursuant to Section 183(1) of the CSPA:
  8. Ensure compliance with the CSPA and its regulations, including the Code of Conduct for Special Constables established in O. Reg. 410/23 and outlined in Appendix B;
  9. Ensure Special Constables Not hold out as a Police Officer

10. Special Constable Complaints

10.1. The Board Shall:

  1. Establish a process for complaints to be made to the chief of police of the police service maintained by the board about the conduct of special constables who are members of the police service maintained by the board; and
  2. Publish the complaints process on the internet and through such other media, informing the public on how to make a complaint about a special constable.

10.2. The Chief of Police Shall:

  1. Upon receipt of a complaint about a special constable in their police service shall provide the complainant with written acknowledgment that the complaint has been received.
  2. Ensure the complaint is investigated to determine if the Special Constables conduct constitutes;
  1. Misconduct
  2. Contravened the terms and conditions of the special constable’s certificate of appointment; or
  3. If the misconduct involves the chair, to the Inspector General.
  4. Contravened any provision of the Act or the regulations.
  1. Ensure any allegations in the complaint of conduct that may constitute criminal conduct are investigated by a member of the police service or of another police service.
  2. Ensure that every investigation of a Special Constable comply with the standards for adequate and effective policing, including the standards with respect to the avoidance of conflicts of interest.
  3. Advise the complainant and the Board, in writing on the outcome of the investigation.
  4. Endeavour to complete any investigation of a complaint within 120 days after receipt, not including any period during which the investigation is postponed or suspended under section 8 of the O.Reg 411/23.
  5. Notify the complainant, the person being investigated and the Board, if the investigation cannot be completed within the 120-day timeline, and provide a status update every 30 days until the investigation is concluded unless, in the opinion of the Chief of Police, doing so might prejudice the investigation.
  6. Take appropriate action to remedy the contravention if the Special Constable is found to have engaged in conduct that constitutes misconduct, contravened the terms and conditions of their certificate of appointment or contravened any provision of this Act or the regulations.

11.  Reporting

11.1. The Chief of Police Shall:

  1. Make an annual report each year including the following information:
    1. The number of Special Constables employed as Members of the Service;
    2. The number of Special Constables hired/appointed during preceding calendar year;
    3. The units/duties to which Special Constables were deployed during preceding calendar year;
    4. The number of appointments terminated for disciplinary reasons;
    5. The number of appointments terminated for non-disciplinary reasons;
    6. The number of public complaints made against Special Constables in the preceding calendar year, and status/disposition of those complaints; and
    7. Confirmation that the Service has followed the requirements of the terms of the Certificate of Appointment, and the provisions of the CSPA and O. Reg 396/23, as amended, or, if not in compliance, an explanation of any incident(s) of such noncompliance.

12. 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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