Posted on by Assistant Editor

New Policing Rules Go into Effect January 1, Supporting Public Safety, Protecting Civil Liberties

As of Jan. 1, 2017, new policing rules and regulations come into effect that will prohibit police from requesting identifying information arbitrarily, or based on a person’s race or presence in a high-crime neighbourhood during certain police-public interactions.

The regulation reflects feedback from public consultations on how to improve transparency, oversight and public confidence, and establishes new training, record-keeping, and reporting requirements to strengthen accountability. The regulation also sets out new rules that police must follow when requesting identifying information, and outlines in what situations these new rules apply.

The new policing rules apply if an officer asks the person for identifying information or to see an identifying document while:

  • Looking into suspicious activities
  • Gathering intelligence
  • Investigating possible criminal activity.

The new rules do not apply if police ask for identifying information or to see an identifying document while:

  • Doing a traffic stop
  • Arresting or detaining someone
  • Executing a warrant
  • Investigating a specific crime.

Ontario is the first jurisdiction in Canada to set out clear and consistent rules for voluntary police-public interactions where police are seeking to collect identifying information. These rules will ensure these interactions are conducted without bias or discrimination, and done in a manner that promotes public confidence and keeps Ontario communities safe.

Supporting safe, healthy communities is part of the government’s plan to create a fair and inclusive society and help people in their everyday lives.
QUICK FACTS

  • Training, which was developed in consultation with an expert roundtable, has also been incorporated into the basic training program for new police recruits at the Ontario Police College.
  • The Code of Conduct for police has been updated to reflect the new regulation; failure to follow the rules will be considered a Code of Conduct violation that may result in discipline.
  • Ontario will appoint an independent reviewer to complete a review of the regulation within two years of full regulatory implementation in consultation with Ontario’s Anti-Racism Directorate.
  • In 2017, Ontario will launch a multi-year academic study to understand the impact of collecting information on the ability of police to solve crime, analyze and identify the impact of race-based collections and analyze the impact of the new regulations on this practice.

“It is absolutely essential that everyone in this province be treated with dignity and respect regardless of their race or religion. Working through the Anti-Racism Directorate, I am committed to finding ways to break down systemic barriers. I look forward to continuing to work with Minister Flynn and the Ministry of Community Safety and Correctional Services to address and eliminate systemic racism in the justice sector, and build a more inclusive society.” — Michael Coteau, Minister Responsible for Anti-Racism and Minister of Children and Youth Services

The new policing rules and what they mean for you.

As of January 1, 2017, if a police officer asks you for ID in a situation when the rules apply, they must:

  • have a reason, which cannot be:
    • based on race
    • arbitrary (not meaningful)
    • only because you are in a high-crime area
    • because you refused to answer a question or walked away
  • tell you why they want your identifying information
  • tell you that you can refuse to give identifying information
  • offer you a receipt – even if you refuse to share information – that includes:
    • the officer’s name
    • the officer’s badge number
    • how to contact the Office of the Independent Police Review Director, which handles complaints about police in Ontario
    • who to contact to access personal information about you that the police service has on file
  • keep detailed records of their interaction with you – even if you refuse to share information

If a police officer does not follow these rules, it is a Code of Conduct violation under the Police Services Act and they may be disciplined.

Assistant Editor