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Police-Encounters-With-People-In-Crisis

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POLICE OFFICERS<br />

Duties of police officer<br />

42.(1) The duties of a police officer include,<br />

(a) preserving the peace;<br />

(b) preventing crimes and other offences and providing assistance and encouragement to<br />

other persons in their prevention;<br />

(c) assisting victims of crime;<br />

(d) apprehending criminals and other offenders and others who may lawfully be taken into<br />

custody;<br />

(e) laying charges and participating in prosecutions;<br />

(f) executing warrants that are to be executed by police officers and performing related<br />

duties;<br />

(g) performing the lawful duties that the chief of police assigns;<br />

(h) in the case of a municipal police force and in the case of an agreement under section 10<br />

(agreement for provision of police services by O.P.P.), enforcing municipal by-laws;<br />

(i) completing the prescribed training. R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28.<br />

Criteria for hiring<br />

43.(1) No person shall be appointed as a police officer unless he or she,<br />

(a) is a Canadian citizen or a permanent resident of Canada;<br />

(b) is at least eighteen years of age;<br />

(c) is physically and mentally able to perform the duties of the position, having regard to his<br />

or her own safety and the safety of members of the public;<br />

(d) is of good moral character and habits; and<br />

(e) has successfully completed at least four years of secondary school education or its<br />

equivalent. R.S.O. 1990, c. P.15, s. 43 (1).<br />

Time for completing initial training<br />

44.(2) The police officer shall complete the initial period of training within six months of the day of<br />

appointment. R.S.O. 1990, c. P.15, s. 44 (1, 2).<br />

Complaints about police officer’s conduct<br />

66.(1) The chief of police shall cause every complaint referred to him or her by the <strong>In</strong>dependent <strong>Police</strong><br />

Review Director under clause 61 (5) (a) to be investigated and the investigation to be reported on in a<br />

written report. 2007, c. 5, s. 10.<br />

Unsubstantiated complaint<br />

(2) If at the conclusion of the investigation and on review of the written report submitted to him or her<br />

the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no<br />

action in response to the complaint and shall notify the complainant, the police officer who is the subject<br />

of the complaint and the <strong>In</strong>dependent <strong>Police</strong> Review Director, in writing, together with a copy of the<br />

written report, of the decision and of the complainant’s right under subsection 71 (1) to ask the<br />

<strong>In</strong>dependent <strong>Police</strong> Review Director to review the decision within 30 days of receiving the notice. 2007, c.<br />

5, s. 10.<br />

Hearing to be held<br />

(3) Subject to subsection (4), if at the conclusion of the investigation and on review of the written report<br />

submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct<br />

constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a<br />

hearing into the matter. 2007, c. 5, s. 10.<br />

<strong>In</strong>formal resolution<br />

(4) If at the conclusion of the investigation and on review of the written report submitted to him or her<br />

the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |320

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