Summary#

Bill 78, the Police Services Amendment Act, 2022, amends Ontario’s Police Services Act. It allows the Lieutenant Governor in Council to authorize commissions for municipal police officers and First Nations Constables who have achieved a prescribed rank; the stated goal is to recognize exceptional service. The bill received Royal Assent and is enacted as Chapter 15 of the Statutes of Ontario, 2022, but the supplied material does not say when it comes into force.

• The Lieutenant Governor in Council may authorize a commission under the Great Seal for a municipal police officer who has achieved a prescribed rank.
• It may also authorize a commission for a First Nations Constable who has achieved a prescribed rank.
• Before authorizing a commission for a First Nations Constable whose specified duties relate to a reserve, it must consult the police governing authority or band council that approved the Constable’s appointment.
• The bill creates no automatic right to a commission: authorization is discretionary.

What it means for you#

• Municipal police officers and First Nations Constables: The bill makes officers who meet the prescribed-rank condition eligible for possible commissions. It does not require that any particular officer be commissioned.
• First Nations Constables whose duties relate to a reserve: The approving police governing authority or band council must be consulted before a commission is authorized. The bill does not require its approval.
• Police services and the public: The bill does not directly change police services, police powers, or public access to services.

Money#

No cost information is in the available material.

• The bill does not state a cost, provide funding, or set out staffing requirements.

What is unclear#

• The supplied text does not state which ranks qualify or give the rules for choosing officers.
• It does not set out an application or nomination process, timelines, reasons for decisions, or an appeal process.
• The text says the Act starts on a day named by proclamation, but the supplied material gives no proclamation date.
• The explanatory note says only Ontario Provincial Police officers qualified under existing legislation. The parent Act was not supplied, so that description could not be checked against the Act’s current text.

Case for#

• The bill appears intended to extend recognition through commissions beyond the Ontario Provincial Police to eligible municipal officers and First Nations Constables.
• A possible argument for the approach is that it allows the Lieutenant Governor in Council to recognize officers in those groups while keeping the decision discretionary.
• The consultation requirement gives the police governing authority or band council that approved a reserve-related Constable’s appointment a chance to be heard before authorization.

Case against#

• The bill does not explain how officers will be selected beyond requiring a prescribed rank, so the basis for decisions may be unclear.
• Because authorization is discretionary, meeting the rank condition does not guarantee a commission.
• For reserve-related Constables, consultation is required, but the bill does not require the consulted authority or band council to agree.