13-08 Appendix A - Community Safety and Policing Act – Police Officer Suspensions Flashcards
This Appendix directs on police officer suspensions related to misconduct matters occurring April 01, 2024
onwards, in compliance with the Community Safety and Policing Act (CSPA). T/F
True
The Chief of Police (Chief) hereby authorizes the following personnel the power of suspension granted to the Chief under the CSPA:
- any Deputy Chief of Police;
- all Uniform Senior Officers;
- all officers permanently assigned to Professional Standards (PRS); and
- the Officer in Charge of a unit.
Criteria for Immediate Suspension
An authorized officer of equal or superior rank shall commence the suspension of a police officer.
The following factors shall be considered in determining if immediate suspension from duty is appropriate
* the seriousness of the misconduct
* impact upon the reputation of the Toronto Police Service (Service), and public confidence in the Service, if the police
officer is not suspended
* impact upon the integrity of the investigation
* prevention of workplace violence or workplace harassment
After having made the decision to suspend, the suspending officer shall advise the suspended officer that the suspension
is effective immediately.
Suspension Without Pay
The Chief of Police may suspend a police officer, other than a Deputy Chief of Police, without pay in the following
circumstances, per section 210(1) of the CSPA:
1. The police officer is convicted of an offence and sentenced to a term of imprisonment, even if the conviction or sentence
is under appeal.
2. The police officer is in custody or is subject to conditions of judicial interim release, or conditions imposed under section
499 of the Criminal Code (Canada), that substantially interfere with the officer’s ability to perform the duties of a
police officer.
3. The police officer is charged with a serious offence, as defined in the regulations, under a law of Canada and,
i. the alleged offence was not committed in relation to the performance of the officer’s duties,
ii. the chief of police,
a) has commenced proceedings to seek termination of the police officer’s employment in relation to the events that
led to the charges, or
b) has given notice to the police officer that the chief intends to commence such proceedings but is prevented from
doing so by section 208 of the CSPA,
III. the likely outcome of the proceedings would be, if the events leading to the charges were proven, that the officer’s
employment would be terminated or the officer would resign in accordance with an order under paragraph 2 of
subsection 202 (9) of the CSPA, and
IV a failure to suspend the officer without pay would bring discredit to the reputation of the police service
Suspending Officer Upon considering the suspension of a police officer in accordance with the CSPA, and in the absence of the Unit Commander, shall
- ensure an immediate and thorough investigation is conducted
- consult with the Duty Senior Officer – Toronto Police Operations Centre (TPOC) (Duty Senior Officer), or other uniform
senior officer
When suspending a police officer from duty shall
- verbally advise the police officer that they are immediately suspended from duty
- relieve the suspended officer of the applicable Service issued uniform and equipment as listed in item 1
- deliver all surrendered Service issued uniform and equipment to the suspended officer’s Unit Commander
- date and sign the suspended officer’s memorandum book
- advise the suspended officer − to report to their Unit Commander as directed
− that access is restricted to only the public areas of any Service facility
− of the continued availability of the Employee and Family Assistance Program (EFAP) - arrange for the suspended officer to collect any personal property at the unit, where applicable
- notify the Duty Senior Officer
- complete a TPS 649 outlining the details of the suspension and submit to their Unit Commander
- comply with the applicable sections of Procedures 13–02 and 13–03
Unit Commander Upon learning that a police officer under their command has been suspended shall ensure
- the suspended officer has complied with item 1
- the safe and proper storage of all seized firearms, including ammunition
- memorandum books are stored in compliance with Procedure 13–17
- further investigations are conducted, if necessary
- the following have been notified of the circumstances and are forwarded a copy of the TPS 649 from the suspending
officer
− Staff Superintendent – Professionalism & Accountability (PAC)
− Unit Commander – Professional Standards (PRS) - ensure the following have been notified of the suspension
− the suspended officer’s Deputy Chief of Police / Chief Administrative Officer
− the suspended officer’s Staff Superintendent / Director
The Unit Commander – Accounting Services shall be notified if suspended officer was
issued a corporate/covert credit card or had Systems Applications and Product in Data
Processing (SAP) access.
Unit Commander Upon being advised that the suspension has been confirmed shall
- ensure the suspended officer has complied with items 1 and 2
- ensure all surrendered use of force equipment is delivered to the Toronto Police College – Armament Section forthwith
- ensure the surrendered warrant / identification card is delivered to the Unit Commander - Facilities Management (FCM)
212 - ensure the surrendered corporate/covert credit card is delivered to Unit Commander - Accounting Services
- ensure the surrendered eToken is delivered to the Manager – Information Privacy & Security (IPS)
- ensure any other applicable surrendered uniform and equipment is delivered to Fleet and Materials Management (FLT)
– Equipment and Supply section, 9 Hanna Avenue, for storage
All surrendered Service issued uniform and equipment delivered to FLT – Equipment and
Supply section for storage must be sealed in a large clear evidence bag with a detailed
content listing attached to the outside. - when in receipt of the Letter of Suspension signed by the Chief, serve the original letter upon the suspended officer
- note on the copies of the Letter of Suspension
− the date and time that the letter was served upon the suspended officer
− the name of the person who served the letter on the officer - ensure a copy of
− the served Letter of Suspension is forwarded to the Staff Superintendent – PAC
− the Letter of Suspension is placed in the suspended officer’s personnel file - if the suspension is with pay
− ensure a TPS 500 is completed and submitted, where applicable, to ensure any plainclothes allowance or specialty
pay ceases
− advise the suspended officer to report to their Unit Commander or designate in person once each and every
weekday at 0900 hours, or as otherwise directed
A suspended officer is not required to report to their Unit Commander when on annual
leave, statutory holidays, weekends, while off sick, or while suspended without pay. - maintain a reporting record, including the dates and times that the suspended officer reported
