Police Service Boards in Ontario

Contents

Every municipality may establish a municipal board to have policing responsibility for the municipality.

Every municipal board shall maintain a police service and, for greater certainty, shall not maintain more than one police service.
Section 22 of the Community Safety and Policing Act

Municipalities may also amalgamate their police services with one or more other municipalities and establish a Joint Police Services Board.

What is a Police Service Board?

A Police Service Board is a civilian oversight body and local board of a municipality that governs the municipality’s police service through its authority from the Community Safety and Policing Act (CSPA) to ensure that adequate and effective police services are provided. It must meet at least 4 times per year and members must follow the Members of Police Service Boards Code of Conduct.

Adequate and effective policing means all of the following functions provided in accordance with the standards set out in the regulations, including the standards with respect to the avoidance of conflicts of interest, and with the requirements of the Canadian Charter of Rights and Freedoms and the Human Rights Code:
Crime prevention.
Law enforcement.
Maintaining the public peace.
Emergency response.
Assistance to victims of crime.
Any other prescribed policing functions.
Section 11 of the Community Safety and Policing Act

Who is on a Police Service Board?

The municipal board shall be composed of five members unless the municipality passes a resolution to change the number of members
The municipality may determine, by resolution, that its municipal board shall be composed of five, seven or nine members.
Section 31 of the Community Safety and Policing Act

5 member boards

A municipal board that is composed of five members shall consist of,
the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the municipality;
one member of the municipal council appointed by resolution of the municipality;
one person appointed by resolution of the municipality, who is neither a member of the municipal council nor an employee of the municipality; and
two persons appointed by the Lieutenant Governor in Council.

7 member boards

A municipal board that is composed of seven members shall consist of,
the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the municipality;
two members of the municipal council appointed by resolution of the municipality;
one person appointed by resolution of the municipality, who is neither a member of the municipal council nor an employee of the municipality; and
three persons appointed by the Lieutenant Governor in Council.

9 member boards

A municipal board that is composed of nine members shall consist of,
the head of the municipal council or, if the head chooses not to be or is ineligible to be a member of the board, another member of the municipal council appointed by resolution of the municipality;
three members of the municipal council appointed by resolution of the municipality;
one person appointed by resolution of the municipality, who is neither a member of the municipal council nor an employee of the municipality; and
four persons appointed by the Lieutenant Governor in Council.

Provincial members are appointed by the Ontario Government – Lieutenant Governor, by Order in Council:

Member eligibility

To become a board member you must:

Complete a police record check
Take an oath or affirmation of office
Complete training requirements (see below)

Member ineligibility

The following may not be a member of a police board:

Judge or justice of the peace
Police officer – present or past, unless they weren’t a member of the police service being overseen
Person who practices criminal law as a defence counsel

Member requirements

Board members are required to complete training on:

Role of the police service board
Human rights and systemic racism
Diverse, multiracial and multicultural character of Ontario society
Rights and cultures of First Nation, Inuit and Métis Peoples

Members of Police Service Boards Code of Conduct

Members must also follow and adhere to the Members of Police Service Boards Code of Conduct, which covers:

Conduct
Statements
Attendance
Conflicts of interest

Pay

Provincially appointed members of a police service board are paid a daily rate of $150.

Term

The term of office for a member of a municipal board appointed by resolution of a municipality shall be set out by the municipality in his or her appointment, but shall not exceed the term of office of the municipal council that appointed the member.
Section 34 of the Community Safety and Policing Act

What is a Police Service Board responsible for?

The Police Service Board is responsible for:

Approving the annual police budget prior to to submitting it to council for approval
Define
Prepare an Annual Report and publish it online
Prepare a Strategic Plan and publish it online at least once every 4 years
Prepare a Diversity Plan and publish it online
Prepare the policies required and publish them online
Recruit and appoint the Chief and Deputy Chiefs of Police
Give directions to the Chief of Police
Conduct a review of the Chief of Police’s performance annually
Appointing members of the police service
Participate as the employer in the collective bargaining and working agreement with the Police Association

A police service board shall,
ensure that adequate and effective policing is provided in the area for which it has policing responsibility as required by section 10;
employ members of the police service;
appoint members of the police service as police officers;
recruit and appoint the chief of police and any deputy chief of police and determine their remuneration and working conditions, taking their submissions into account;
prepare and adopt a diversity plan to ensure that the members of the police service reflect the diversity of the area for which the board has policing responsibility;
monitor the chief of police’s performance;
conduct a review of the chief of police’s performance at least annually in accordance with the regulations made by the Minister, if any;
monitor the chief of police’s decisions regarding the restrictions on secondary activities set out in section 89 and review the reports from the chief of police on those decisions;
monitor the chief of police’s handling of discipline within the police service;
ensure that any police facilities, including police lock-ups, used by the board comply with the prescribed standards, if any; and
perform such other duties as are assigned to it by or under this or any other Act, including any prescribed duties. 2019, c. 1, Sched. 1, s. 37 (1); 2023, c. 12, Sched. 1, s. 16.
Section 37 of the Community Safety and Policing Act

Community Safety and Policing Act does not permit the Board to direct the Chief with respect to operational decisions or the day-to-day operation of the service.

Salary levels are set by negotiation and are beyond the power of the chief or board to change, if council wants the police budget lowered, it needs to provide leadership on where those cuts come from, namely reduced levels or service, reduced civilian or police staff or fewer other initiatives provided by the service such as the Kids Zone or the like.
The Intelligencer, 2013

What plans and policies must a Police Service Board have?

Meetings

The police service board shall hold at least four meetings each year.
Section 43

Publishing a Strategic Plan online

The police service board shall, in accordance with the regulations, if any, prepare and adopt a strategic plan for the provision of policing, which shall address at least the following matters:
How the police service board will ensure the provision of adequate and effective policing in accordance with the needs of the population of the area.
The objectives, priorities and core functions of the police service.
Quantitative and qualitative performance objectives and indicators of outcomes relating to,
the provision of community-based crime prevention initiatives, community patrol and criminal investigation services,
community satisfaction with the policing provided,
emergency calls for service,
violent crime and clearance rates for violent crime,
property crime and clearance rates for property crime,
youth crime and clearance rates for youth crime,
police assistance to victims of crime and re-victimization rates,
interactions with persons described in paragraphs 4 and 5 of this subsection,
road safety, and
any other prescribed matters.
Interactions with,
youths,
members of racialized groups, and
members of First Nation, Inuit and Métis communities.
Interactions with persons who appear to have a mental illness or a neurodevelopmental disability.
Information technology.
Resource planning.
Police facilities.
Any other prescribed matters
(6) The police service board shall publish the strategic plan on the Internet in accordance with the regulations made by the Minister, if any.
Section 39 of the Community Safety and Policing Act

Annual Report must be published online

On or before June 30 in each year, the police service board shall file an annual report with its municipality or band council regarding,
the implementation of the board’s strategic plan and the achievement of the performance objectives identified in the strategic plan;
the affairs of the police service;
the provision of policing as it relates to any community safety and well-being plans adopted by the municipalities or First Nations that are in the board’s area of policing responsibility; and
any other prescribed matters.
The police service board shall publish the annual report referred to in subsection (1) on the Internet in accordance with the regulations made by the Minister, if any.
Section 41 of the Community Safety and Policing Act

Community Safety and Well-Being Plan must be published online

Every municipality shall prepare and, by resolution, adopt a community safety and well-being plan.
Section 248 of the Community Safety and Policing Act

A community safety and well-being plan shall,
(a) identify risk factors in the municipality or First Nation, including, without limitation, systemic discrimination and other social factors that contribute to crime, victimization, addiction, drug overdose and suicide and any other risk factors prescribed by the Minister;
(b) identify which risk factors the municipality or First Nation will treat as a priority to reduce;
(c) identify strategies to reduce the prioritized risk factors, including providing new services, changing existing services, improving the integration of existing services or coordinating existing services in a different way;
(d) set out measurable outcomes that the strategies are intended to produce;
(e) address any other issues that may be prescribed by the Minister; and
(f) contain any other information that may be prescribed by the Minister.
Section 251 of the Community Safety and Policing Act

A municipality that has adopted a community safety and well-being plan shall publish it on the Internet in accordance with the regulations made by the Minister, if any.
Section 252 of the Community Safety and Policing Act

Diversity Plan must be published online

Every municipality that maintains a municipal board shall prepare and, by resolution, approve a diversity plan to ensure that the members of the municipal board appointed by the municipality are representative of the diversity of the population in the municipality.
The plan shall be published on the Internet in accordance with the regulations made by the Minister, if any.
Section 28 of the Community Safety and Policing Act

Mandatory policies must be published online

A police service board shall establish policies respecting,
the administration of the police service;
the provision of adequate and effective policing in accordance with the needs of the population of the area for which it has policing responsibility;
disclosure by the chief of police of personal information about individuals;
disclosure of secondary activities under section 89 and decisions under that section;
the handling of discipline within the police service;
subject to subsection (4), the indemnification of members of the police service for legal costs; and
any other prescribed matters.
In addition to the policies required by subsection (1), a police service board may establish policies respecting any other matters related to the police service or the provision of policing.
The police service board shall publish the policies referred to in subsections (1) and (2) on the Internet in accordance with the regulations made by the Minister, if any.
Section 38 of the Community Safety and Policing Act

What laws govern a Police Service Board?

Community Safety and Policing Act (CSPA)

Police Service Board meetings must be open to the public, with some exceptions (as with all municipal committee meetings).

If you believe that a meeting was closed to the public improperly (ie. the reason doesn’t fall within one of the 14 exceptions), you can submit a complaint to the Ontario Ombudsman (see past Police Board cases here).

Communities policed by OPP have OPP Detachment Board

Municipalities that do not have their own police service and are instead served by the OPP through an OPP detachment will have one or more OPP Detachment Boards. They ensure each municipality and First Nation community has an opportunity to represent their local perspectives, needs and priorities.

How to submit a complaint

Police Services Boards do not handle complaints about police conduct.

Right to Report Misconduct

The Inspectorate of Policing ensures compliance with Ontario’s Community Safety and Policing Act and its regulations through inspections, investigations, and advisory services. Their work leverages research, data, and analytics to drive evidence-based actions.

You can submit a complaint about police services, police service boards, and organizations that employ special constables for violations of the Community Safety and Policing Act and its regulations.

Complaints may also be handled by:

Ontario Association of Police Services Boards

Many Police Service Boards across Ontario are members of the Ontario Association of Police Services Boards.

Police boards play a fundamental role in our citizens perception of public safety and their confidence in the police. You are responsible for ensuring that police have the direction, support, respect, and accountability that they require to keep your communities safe and thriving. This responsibility is equally shared by municipal police services boards, First Nation boards and OPP police services boards.
As your association, it is our responsibility to support you in this endeavor and to provide you with the expertise, tools and education you need to meet your legislative requirements under the Police Services Act and the Community Safety and Policing Act (CSPA), expected to come into force in late 2023.
Ontario Association of Police Service Boards (OAPSB)

Police Service Boards in Ontario

Timeline

April 1, 2024 – Ford government’s Bill 68, Comprehensive Ontario Police Services Act

Repeals Police Services Act (PSA) and the Members of Police Services Boards Code of Conduct
Enacts the Community Safety and Policing Act (CSPA) and the Code of Conduct for Police Service Board Members

What is a Police Service Board?