FREQUENTLY ASKED QUESTIONS

On April 1, 2024, the Community Safety and Policing Act, 2019 (CSPA) came into force and the Police Services Act (PSA) was repealed.

Per the CSPA and O.Reg. 125/24, the Adjudicative Division of the Ontario Civilian Police Commission will work to:

• complete any hearings or appeals under section 25 or Part V of the PSA that were initiated before the day the Police Services Act was repealed and that were not finally determined as of that day;
• complete any hearings mentioned in section 23 of the Police Services Actthat were initiated before the transition date and were not finally determined before that day; and
• hear an appeal mentioned in subsection 47 (5) of the Police Services Act if the following criteria are satisfied:
  1. Written notice of the appeal was served on the Ontario Civilian Police Commission within the time period specified in subsection 47 (5) of the Police Services Act.
  2. The written notice was served before the transition date.

The OCPC will not receive or process new appeals, applications, or other requests for hearings other than those listed above. The OCPC continues to work diligently on its adjudicative caseload and is making adjustments in accordance with the CSPA and Ontario Regulation 125/24 (Transitional Matters) under the CSPA. At a future date, to be determined by the Ministry of the Attorney General, the OCPC will be dissolved.

A disciplinary appeal is an appeal of a hearing officer’s decision. A hearing officer is designated by the police chief or Ontario Provincial Police Commissioner to conduct a hearing into misconduct allegations against police officers.

The respondent officer(s) and the public complainant may appeal a hearing officer’s decision about whether the officer committed misconduct. The public complainant requires the OCPC’s permission to appeal the penalty imposed by a hearing officer.

30 days from the time the decision was received.

Under the Police Services Act, the OCPC has the authority to:

• confirm, vary, or revoke the decision of the hearing officer;
• substitute its own decision; or
• order that a new hearing take place.

The OCPC conducts its disciplinary appeal hearings based on the evidence presented to the hearing officer. The OCPC makes a decision on whether the hearing officer erred in applying the law based on the evidence provided at the first instance hearing. The OCPC will also consider whether the penalty imposed by the hearing officer was reasonable. Under limited circumstances, the OCPC may decide to allow new evidence to be presented.

The public complainant who initiated the complaint must obtain the OCPC’s permission to appeal the penalty imposed on the police officer. To obtain permission, the public complainant must submit to the OCPC a Request for Leave to Appeal a Disciplinary Penalty form along with a copy of the hearing officer’s penalty decision. The documents must also be provided to the other parties involved at the disciplinary hearing.

Yes. Where a party’s lawyer or paralegal begins or ceases to represent the party in the proceeding, the party or the representative must notify the OCPC and the other parties in writing. The contact information for the party and the new representative must also be provided at this time.

If you do not wish to continue with your appeal or application, you must provide written notice to the OCPC and copy the parties. By withdrawing the appeal, the OCPC file will be closed and your rights to a hearing before the OCPC are terminated.

Yes. Before a matter proceeds to a hearing, the OCPC will hold a pre-hearing conference. The purpose of a pre-hearing conference is to discuss procedural matters, exchange information, and settle any relevant issues. Refer to Rule 14 for more information.

Yes. Parties may submit a written request to adjourn a motion, pre-hearing conference, or hearing. The request must be provided to the OCPC and the other parties involved in the proceeding. To access the adjournment request form, please click here. Refer to Rule 16 for more information.

Electronic hearings are open to the public unless ordered otherwise by the OCPC. Pre-hearing conferences are not open to the public unless the OCPC orders otherwise. Members of the public are encouraged to confirm hearing details with the OCPC directly. For a list of upcoming hearings, refer to the OCPC’s Schedule of Proceedings.

OCPC generally releases its decision within 90 days of the hearing. However, case complexity and procedural matters may affect the delivery of a decision in a timely manner.

OCPC decisions take effect the day it is released to the parties, unless otherwise specified within the decision.

All OCPC decisions released on or after January 1, 1977 are available on the Canadian Legal Information Institute (CanLII) website. For information on how to use CanLII, please see the CanLII guide.

There is no statutory right of appeal of a disciplinary appeal decision made by the OCPC. However, pursuant to the Judicial Review Procedure Act, any party to an appeal heard by the OCPC has the right to bring an application for judicial review to the Divisional Court.

A helpful guide on judicial reviews can be found on the Human Rights Legal Support Centre website. The process may vary, but this guide will provide a general overview.