PROCEDURE UNDER SECTION 83(17) OF THE POLICE SERVICES ACT PUBLIC COMPLAINTS (PART V)

Procedure No. 01/14
Effective Date: January 22, 2014

1. Application and Scope

​This Procedure applies to the Board and the Chief of York Regional Police. 

2. Definitions

In this procedure:

“Complainant” means a member of the public who has made a complaint under Part V of the Police Services Act.

“Delay Application” means an application pursuant to Section 83(17) of the Police Services Act by the Chief to the Board seeking to delay the service of a Notice of Hearing arising from a public complaint under Part V of the Act beyond six months from the day described in Section 83(18) of the Act.

“Officer” means the police officer who is the subject of a public complaint pursuant to Part V of the Police Services Act. 

3. Purpose

To codify the procedure for dealing with Delay Applications. This Procedure does not apply to matters arising from Internal Complaints made under section 76 of the Act.

4. Procedure

a)    Notice and Opportunity to Make Submissions

i)  The Chief will submit any Delay Application under section 83(17) in writing to the Board, including all information upon which the Chief relies in making the application.

ii)  In matters that have been retained and investigated by the Office of the Independent Police Review Director (“OIPRD”), the Chief will request submissions from the OIPRD explaining the delay and include those submissions as part of the Delay Application.

iii)   The Chief will serve a copy of the Delay Application upon the Officer and Complainant advising both parties of the opportunity to make written submissions to the Board in respect of the Delay Application and the date upon which any submissions must be received.

b)   Hearing

i)  The Board will determine the Delay Application at a regularly scheduled meeting of the Board.

ii)  The Board will consider the Delay Application as well as written submissions, if any, of the Officer, Complainant and OIPRD.

iii)  The Board may request additional submissions from any party and/or the OIPRD and may, in its sole discretion, request reply to those further submissions.

c)   Decision and Reasons

i)    The Board will issue brief written reasons for its decision on the Delay Application and provide such reasons to the Officer, Complainant and OIPRD.

ii)   The Board’s decision will state the reasons why, in the opinion of the Board, it was or was not reasonable to grant the request to delay serving the Notice of Hearing under section 83 (17).

iii)  The Board will consider the Delay Application and submissions of any party, in accordance with the following principles:

  • The six-month period for service of Notice of Hearing under section 83(17) of the Act is not a limitation period.

  • Whether the delay in service of the Notice of Hearing is reasonable in the circumstances having regard to the length and complexity of the investigation and charges being laid, and the public interest in having serious police misconduct adjucated, and any other factors the Board considers relevant. The Board may determine how much weight to give to the relevant factors.

  • The Board's decision is administrative in nature and does not determine nor consider the merits of the disciplinary charges nor should it address any prejustice that the Officer may allege due to delay in serving the Notice of Hearing as such issues are best addressed by a full hearing on the merits of the disciplinary charge(s).

d)   Services

i)   Where notice is required to be given to or served on a person, the Board or the Chief under this procedure, it may be served personally, by regular letter mail, by electronic transmission, or facsimile, or by some other method that allows proof of receipt.

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