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Chief AND deputy chief conduct complaints

 
The OIPRD reviews all complaints received, including conduct complaints against chiefs/deputy chiefs/commissioners.

Following OIPRD screening, complaints about the OPP Commissioner and deputy commissioners are referred to the Ministry of Community Safety and Correctional Services.

If a board receives a public complaint directly, it must forward it to the OIPRD within three business days and must not give notice to the chief.

The OIPRD screens complaints about chiefs/deputy chiefs received directly from complainants or via the board. The OIPRD can decide not to deal with the complaint or can forward the complaint to the board for review.
 

Board Responsibilities Regarding Chief/Deputy Chief Conduct Complaints

 

If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Independent Police Review Director to cause the complaint to be investigated and the investigation to be reported on in a written report. The board then reviews the matter.

 

No Misconduct

 

 
At the conclusion of the review, if the board feels the conduct is not misconduct, no action is taken. The board must then notify the complainant, chief of police or deputy chief and the OIPRD in writing of the decision, with its reasons.
 

Conduct Requiring OIPRD Investigation

 

 
At the conclusion of the review, if the board decides that the conduct may constitute an offence, misconduct or unsatisfactory work performance, the board must ask the OIPRD to investigate and provide a written report to the board. The board is responsible for paying the cost of such an investigation.
 

Unsubstantiated Complaint

 
Following an OIPRD investigation into a chief's/deputy chief's conduct complaint, if the OIPRD determines the complaint is unsubstantiated, the Director reports that opinion to the board and the board takes no action and notifies the complainant and the chief or deputy chief who is the subject of the complaint, of the decision and sends them a copy of the written report.
 

Serious Misconduct

 

 
If the OIPRD determines the complaint is substantiated and constitutes misconduct of a serious nature, in the opinion of the board, the board must hold a hearing or ask the Ontario Civilian Police Commission to hold a hearing.
 

Less Serious Misconduct

 

 
If the conduct is deemed not of a serious nature, i.e., less serious, the Director indicates this and refers the matter back to the board.
 
The matter may be resolved informally with consent of the complainant and the chief or deputy chief. The board must complete an Informal Resolution Agreement form, signed by the respondent chief or deputy chief and the complainant.
 
Police service boards must notify the OIPRD of any penalty imposed or action taken.
 

Informal Resolution

 
In cases that have been referred back to the board, where the conduct is not of a serious nature, consent of the complainant, and the chief or deputy chief may be given for Informal Resolution. The complainant and chief or deputy chief may revoke consent to an Informal Resolution in writing to the board within 12 business days of agreeing to the resolution.
 
If consent is not revoked and an Informal Resolution takes place, the board is responsible to give notice to the OIPRD and provide any other information about the resolution that is required.
 
If consent to an Informal Resolution is not given or is revoked, the board may impose a disposition without a hearing. Before the disposition can be imposed the board must provide the chief or deputy chief with reasonable information concerning the matter and allow him/her to reply orally or in writing. The chief or deputy chief may refuse to accept the penalty and go to a hearing.
 
Police service boards must notify the OIPRD of any penalty imposed or action taken.
 

Police services boards provide written decisions regarding their reviews of policy or services complaints (cases in which complainant requests a review of the Chief’s decision). All decisions from disciplinary hearings (conduct complaints) are required to be provided to us by the Chief.​ The Director will post all decisions on the OIPRD website. Decisions will include any available information about both the complainant and the respondent officer in the decision. Any redactions made would be in compliance with the Youth Criminal Justice Act or to ensure protection of the personal information of unrelated third parties.

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