1. BILL 175 THE SAFER ONTARIO ACT
CAPG
Fred Kaustinen
10 Aug 2018

2. AGENDA
Journey
Bill 175 Overview
Changes in operations: waterways policing
Changes in governance paradigm
Next steps: new govt, regulations, training

3. Legislative possibility?
The Journey
Legislative norm?
Legislative possibility?
Legislative future
Is your current legislation keep you guessing?
Does the lack of clarity regarding governance of police operations bother you?
Do you wish legislation would clarify your power and our limits?
Wouldn’t it be great if legislation empowered you to provide maximum benefit to your community?
Wouldn’t it be great to have clear legislation about where your governance job starts and ends with respect to police operations?
Let’s talk about going from a governance fog to governance clarity, and you’ll have some ideas on how your own legislation could be improved

4. Jan 2012 DM: current model not sustainable
The Journey
Jan 2012 DM: current model not sustainable
May 2012: FPAC created meetings
First Reading 2 Nov 2017
Proclaimed mid-May 2018; effective 1 Jan 2020
New majority govt elected June 2018
400 pages, several acts, including the new Police Services Act. 330 mentions of “regulations”, so lots still to do

5. The Journey – OAPSB PRIORITIES
Creating a stronger police governance system
Modernizing police labour practises and procedures
Facilitate Alternate Service Delivery (ASD)
Improve police oversight
Mandating interagency cooperation
As per member survey results 2016

6. RESULTS- stronger governance system
Police governance has been extended to 200 more communities (total 444), thru OPP Detachment boards
Provincial legislation regarding community safety is extended, on a voluntary basis, to all First Nations.
Police service boards are now responsible to provide adequate and effective policing in the area for which it has policing responsibility (previously a municipal responsibility).

7. RESULTS- stronger governance system
Board authority regarding police operations is clarified, as are restrictions
Boards will be required strategic policies regarding certain types of police operations identified in Regulations
Boards may not make policies or decisions for single, specific police operations, events or officer’s management/discipline/ deployment

8. RESULTS- stronger governance system
Emphasis is placed on board strategic plans.
The Minister is now responsible to develop, promote and provide education and training to police boards.
All appointees “shall not exercise the powers or perform the duties of a board member until the training is completed”

9. RESULTS - Modernizing police labour
Persons other than board members (such as lawyers) may conduct collective bargaining on behalf of a police service board, without police board members being present
Limited SWOP

10. RESULTS – facilitate asD
Boards have much more flexibility in how and who police services are provided, including alternate service delivery (ASD) options.

11. RESULTS – improve oversight
IAW Justice Tulloch IPOR:
Centralized, province-wide intake & investigation of public complaints by mix of ½ former-police and ½ never-police investigators
Centralized police discipline public tribunals with prosecutions by crown attorneys (opportunities for informal resolution of less serious offences)
New transparency regulations by SIU for police-involved death, serious injury and now police firearm discharge

12. RESULTS – interagency cooperation
Compulsory community safety and well-being plan will be the catalyst for cooperation between various human and health services, including police.
Municipal responsibility. No plan, province appoints planner, and municipality pays for them

13. OTHER CHANGES Detailed guidelines on open and closed meetings
Former police must wait 2 years to become a board member, and can’t be on the board of their previous service
Municipalities need diversity plans re: council appointments
Inspector General
Police boards now universally-responsible for waterways policing

14. It is not governance OR operations,
Final thoughts
It is not governance OR operations,
Rather governance OF operations