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Police-Encounters-With-People-In-Crisis

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Equipment and Use of Force, R.R.O. 1990, Reg. 926, ss. 4, 9, 10(a), 14.5<br />

4. Before a firearm is issued to a member of a police force, the Commissioner or chief of police, as the<br />

case may be, shall satisfy himself or herself that the member has successfully completed the training<br />

required by section 14.2 and is competent in the use of the firearm. O. Reg. 552/92, s. 3.<br />

9. A member of a police force shall not draw a handgun, point a firearm at a person or discharge a firearm<br />

unless he or she believes, on reasonable grounds, that to do so is necessary to protect against loss of life or<br />

serious bodily harm. O. Reg. 283/08, s. 3.<br />

10. Despite section 9, a member of a police force may discharge a handgun or other firearm,<br />

(a)<br />

to call for assistance in a critical situation, if there is no reasonable alternative;<br />

REPORTS ON THE USE OF FORCE<br />

14.5(1) A member of a police force shall submit a report whenever the member,<br />

(a) draws a handgun in the presence of a member of the public, excluding a member of the<br />

police force who is on duty, points a firearm at a person or discharges a firearm;<br />

(b)<br />

uses a weapon other than a firearm on another person; or<br />

(c) uses physical force on another person that results in an injury requiring medical<br />

attention. O. Reg. 552/92, s. 9; O. Reg. 283/08, s. 4 (1); O. Reg. 264/10, s. 9 (1).<br />

(1.1) The member shall submit the report to,<br />

(a) the chief of police or Commissioner if the member is an Ontario police officer as defined<br />

in the <strong>In</strong>terprovincial Policing Act, 2009; or<br />

(b) the following persons if the member is a police officer appointed under the<br />

<strong>In</strong>terprovincial Policing Act, 2009:<br />

(i) the appointing official or local commander who appointed the member under that Act, as<br />

the case may be,<br />

(ii) the extra-provincial commander of the officer. O. Reg. 264/10, s. 9 (2).<br />

(2) The report shall be in Form 1. O. Reg. 751/92, s. 1 (1).<br />

(3) Subsection (1) does not apply when,<br />

(a) a handgun is drawn or a firearm is pointed at a person or is discharged in the course of a<br />

training exercise, target practice or ordinary firearm maintenance in accordance with the rules of the<br />

police force;<br />

(b) a weapon other than a firearm is used on another member of a police force in the course<br />

of a training exercise in accordance with the rules of the police force; or<br />

(c) physical force is used on another member of a police force in the course of a training<br />

exercise in accordance with the rules of the police force. O. Reg. 552/92, s. 9; O. Reg. 283/08, s. 4 (2).<br />

(3.1) If the report is submitted to the chief of police or Commissioner, the chief of police or the<br />

Commissioner, as the case may be, shall ensure that Part B of the report is destroyed not later than 30<br />

days after the report is submitted. O. Reg. 264/10, s. 9 (3).<br />

(3.2) Despite subsection (3.1), Part B of the reports submitted under clause (1.1) (a) may be<br />

retained for an additional period specified by the board or the Commissioner, as the case may be, if the<br />

board or the Commissioner is of the opinion that the additional period is necessary for the purpose of<br />

determining whether members of the police force should receive additional training. O. Reg. 751/92, s. 1<br />

(2); O. Reg. 264/10, s. 9 (4).<br />

(3.3) The additional period specified under subsection (3.2) shall not extend past the second<br />

anniversary of the date the report is submitted. O. Reg. 751/92, s. 1 (2).<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |343

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