GOVERNANCE

Special Constable Complaints

Policy No. 01/24

Date Approved:                        April 1, 2024   

Reporting Requirement:         As set out in section 5 below

Legislative Authority:             Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, O. Reg. 410/23 Special Constable Code of Conduct, O. Reg. 411/23: Complaints about Special Constables

1. Policy Statement

The Regional Municipality of York Police Service Board is committed to supporting York Regional Police in establishing a process for receiving and addressing complaints respecting Special Constables. 

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

As a Special Cosntable Employer, the Board, in compliance with Ontario Regulation 411/23 titled "Complaints about Specialc Constables", is required to have:

  1. a process to address any complaints by the public regarding special constables employed and appointed by the Board; and   
  2. publish on the Internet how the public may make a complaint.

3. Application

3.1 This policy applies to any person having met the criteria to be appointed and employed as a Special Constable as set out in in Section 92 (1) of the Act and has been appointed as a special constable by the Board, as specified in the certificate of appointment.

3.2 This policy requires the Chief of Police to take steps to ensure that all Special Constable related policies, practices and procedures are compliant with the requirements of the Act.

4. Definitions

411/23: Ontario Regulation 411/23 “Complaints about Special Constables”

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 tasked with the responsibility of appointing special constables.

Chief of Police: The Chief of Police for York Regional Police.

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.

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.

Special Constable(s): employees appointed by the Board as a Special Constable of York Regional Police.

5. Responsibilities

5.1 The Board as an employer of Special Constables, will publish the complaint process on the internet and through such other media, informing the public on how to make a complaint about a special constable.

5.2 The Chief of Police:

  1. Upon receipt of a complaint, shall confirm receipt of the complaint in writing the to the complainant.
  2. will report the contravention or alleged contravention to the Board.
  3. will ensure that the complaint is investigated to determine if the Special Constable’s conduct constitutes:
  1. misconduct
  2. contravened the terms and conditions of the special constable’s certificate of appointment; or
  3. contravened any provision of the Act or the regulations.
  1. Will ensure that 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. Will 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. Shall advise the complainant and the Board, in writing on the outcome of the investigation.
  4. Shall 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 411/23.
  5. shall notify the complainant, to the person being investigated and the Board, if the investigation cannot be completed within the 120-day timeline, and shall 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. shall 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.

5.3 The Board may suspend or terminate the appointment of a Special Constable who was appointed by the Board.

5.4 Prior to terminating a Special Constable’s appointment, the individual shall be given written notice with respect to the reasons for the termination and an opportunity to respond orally or in writing to the board.

6. Compliance

The Board will:

  1. Review this policy at least every 3 years commencing from the date of adoption to ensure continued compliance with the CSPA, its regulations and any successor legislation.
  2. Retain copies of this policy and subsequent revisions for a period not less than three years after the policy ceases to be in effect or in accordance with the Board’s Record Retention Bylaw, whichever is later.
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