Use of Auxiliaries Flashcards
USE OF AUXILIARIES
Authority of auxiliary members of police force
(4) An auxiliary member of a police force has the authority of a police officer if he or she is accompanied or supervised by a police officer and is authorized to perform police duties by the chief of police.
Restriction
(5) The chief of police may authorize an auxiliary member of the police force to perform police duties only in special circumstances, including an emergency, that the police officers of the police force are not sufficiently numerous to deal with.
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USE OF AUXILIARIES
Oaths of office and secrecy
(6) A person appointed to be an auxiliary member of a police force shall, before entering on the duties of his or her office, take oaths or affirmations of office and secrecy in the prescribed form. R.S.O. 1990, c. P.15, s. 52 (4-6).
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USE OF AUXILIARIES
“police officer” means a chief of police or any other police officer, including a person who is appointed as a police officer under the Interprovincial Policing Act, 2009, but does not include a special constable, a First Nations Constable, a municipal law enforcement officer or an auxiliary member of a police force; (“agent de police”)
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USE OF AUXILIARIES
Investigations into police matters
The Ontario Civilian Police Commission
- (1) The Commission may, on its own motion or at the request of the Solicitor General, the Independent Police Review Director, a municipal council or a board, investigate, inquire into and report on,
(a) the conduct or the performance of duties of a police officer, a municipal chief of police, an auxiliary member of a police force, a special constable, a municipal law enforcement officer or a member of a board;
(a. 1) the performance of duties of an appointing official under the Interprovincial Policing Act, 2009;
(b) the administration of a municipal police force;
(c) the manner in which police services are provided for a municipality;
(d) the police needs of a municipality. R.S.O. 1990, c. P.15, s. 25 (1); 1997, c. 8, s. 17 (1, 2); 2007, c. 5, s. 7 (1); 2009, c. 30, s. 45 (1).
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USE OF AUXILIARIES
The Ontario Civilian Police Commission
Actions taken, auxiliary member, special constable, municipal law enforcement officer
(4. 1) If the Commission concludes, after a hearing, that an auxiliary member of a police force, a special constable or a municipal law enforcement officer is not performing or is incapable of performing the duties of his or her position in a satisfactory manner, it may direct that,
(a) the person be demoted as the Commission specifies, permanently or for a specified period;
(b) the person be dismissed;
(c) the person be retired, if the person is entitled to retire; or
(d) the person’s appointment be suspended or revoked. 1997, c. 8, s. 17 (3).
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USE OF AUXILIARIES
Auxiliary members of municipal police force
- (1) With the Solicitor General’s approval, a board may appoint auxiliary members of the police force. R.S.O. 1990, c. P.15, s. 52 (1); 1997, c. 8, s. 32 (1).
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USE OF AUXILIARIES
Firearm
Unless otherwise directed by the board, the chief of police or a superior officer, a member of an Ontario police force as defined in the Interprovincial Policing Act, 2009 who is accompanying and supervising an auxiliary member of the police force may issue to the auxiliary member a firearm, except a revolver, if he or she believes, on reasonable grounds, that they are entering into a situation in which it is necessary that the auxiliary member be armed to protect against loss of life or serious bodily harm. O. Reg. 43/94, s. 4; O. Reg. 264/10, s. 3.
(2) Sections 4 to 10, 12 and 13 and 14.2 to 14.5 apply to an auxiliary member to whom a firearm is issued under subsection (1). O. Reg. 552/92, s. 7.
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