I Adequacy Standards Compliance Framework

Background

Effective, community-focused, respectful and inclusive policing ensures that we can all live safely in our communities. To create a consistent framework in which policing across Ontario is delivered, the Police Services Act related regulations set the standards for police services.  This legislation outlines who is responsible for the delivery of police services, and how those services will operate in the communities in which they are provided.

Ontario’s system of policing requires civilian police services boards to govern and oversee the adequate and effective delivery of policing within a municipality.   The Toronto Police Services Board (“the Board”) is responsible for the provision of adequate and effective police services in the City of Toronto. A regulation made under the Police Services Act called “Adequacy and Effectiveness of Police Services” (O. Reg. 3/99) sets out the more specific provincial standards with respect to the Toronto Police Service’s (“the Service”) delivery of adequate and effective police services in Toronto.  The Ontario Ministry of the Solicitor General conducts inspections of both the Board and Toronto Police Service to ensure compliance with these provincial adequacy standards.

Purpose of the Policy

This Board Policy establishes the requirements that the Service must meet to comply with its legislated duties and to ensure the provision of adequate and effective police services in Toronto. This Policy also sets out the audit and reporting frameworks necessary to enable the Board to oversee the Service’s compliance with relevant legislation, and provide guidance and direction where necessary.

It is therefore the policy of the Toronto Police Services Board that:

Adequacy Standards Compliance

1. The Chief of Police will ensure that the Service complies with all Board policies concerning the Adequacy Standards Regulation and the Ministry of the Solicitor General’s Policing Standards Manual;
2. The Chief of Police will establish procedures and processes consistent with the Adequacy Standards Regulation, the Policing Standards Manual and as otherwise outlined in this Policy;
3. The Chief of Police will provide policing services in Toronto 24 hours a day and deployment within a reasonable time;
4. The Board, in consultations with the Chief of Police, will ensure that appropriate equipment is made available to Service members in the provision of police services in Toronto;
5. The Chief of Police will ensure that Service Members receive the appropriate training and use the equipment made available to them in accordance with relevant legislation, regulation and best practices;
6. The Board is committed to community-based policing, and, in consultation with the Chief of Police, will ensure that the Service will work with the City of Toronto, school boards, community organizations, neighbourhoods and residents, businesses and neighbouring municipalities on issues and matters of policing in Toronto;
7. The Board, in consultation with the Chief of Police, will maintain, review and update Board policies as required and on the basis of new developments, legal requirements or as otherwise directed by the Board. The Chief of Police will ensure that all related Service Procedures and processes are updated to reflect changes to Board policies;

Adequate Training

8. The Board, in consultation with the Chief of Police, will ensure that officers and all other appropriate Service members receive appropriate training, are informed of legislative changes and are provided with timely information for proper execution of their required duties;
9. The Board, in consultation with the Chief of Police, will ensure that every Service member providing the following policing services will have successfully completed Ministry-accredited training and/or have Ministry-approved equivalent qualifications and skills:
   1. communications operators and supervisors providing police communications and dispatch services;
   2. criminal investigators;
   3. Service members providing investigative support in the areas of crime scene analysis and/or forensic identification;
   4. police officers who are members of a containment team, tactical unit and/or hostage rescue team;
   5. police officers who are major incident commanders and/or crisis negotiators, and;
   6. any other policing service as determined by the Chief of Police; and,
10. The Chief of Police will ensure that, when obtaining policing assistance from another police service or any other external organization, personnel from that service or agency be qualified to carry out the task(s) assigned to them, including, where appropriate, undertake or manage a criminal investigation, or provide investigative support of an occurrence.

Compliance Auditing, Quality Assurance and Financial Auditing

The provincial regulation entitled Adequacy and Effectiveness of Police Services (O. Reg. 3/99, “the Regulation”) makes the Board and Chief of Police responsible for implementing a quality assurance process relating to the delivery of adequate and effective police services and compliance with the Police Services Act and its regulations.

The Board, in collaboration with the Chief of Police, will evaluate the adequacy and effectiveness of the Toronto Police Service by comparing services as they are delivered with the requirements of the Regulation. This will be achieved through a structured program that will analyze Board policies, and the resulting Toronto Police Service procedures, processes, practices, programs and service delivery.

The reviews, included in the Board’s audit workplan, will assist the Board in determining whether the Service is in compliance with applicable provincial requirements, Board policies and directions.  Further, these reviews will assist in determining whether risk management activity, financial controls and Service and Board governance efforts are adequate and effective.  These reviews will also be informed by applicable legislation, case law, inquest findings, inquiry or review findings, Ministry of the Solicitor General guidelines or direction, independent Board and Service research, and community consultation.

Therefore, it is the policy of the Toronto Police Services Board that:

11. The Chief of Police will establish an internal quality assurance process to ensure that operational, management, training and financial controls are established and maintained to ensure compliance with Service procedures and with Board policies, and to ensure Service procedures remain consistent with applicable legislation, case law, inquest findings, Ministry of the Solicitor General guidelines or direction, and Board direction;
12. The Chief of Police will ensure that the internal quality assurance process is assessed for compliance in accordance with internal auditing standards, and report to the Board all findings, explanations, and , if applicable, mitigation plans.
13. The Chief of Police will ensure that internal audits are carried out independently and in accordance with the auditors’ professional discretion;
14. The Chief of Police, in consultation with the Board, will ensure the preparation, using appropriate risk-based methodology, of an annual quality assurance work plan which will identify and prioritize audits to be conducted by the Service. The plan will identify risks and tentatively identify resource requirements;
15. The Chief of Police will ensure that members of the Service engaged in audit processes have the knowledge, skills, abilities and accreditations, as may be required, to perform their duties;
16. The Chief of Police will ensure that the head auditor submits all audit reports to the Board for its consideration in camera, as well as to the Service’s Executive Assurance Committee;
17. The Chief of Police will provide an annual report to the Board which will include:
    1. The annual work plan; and
    2. Audits included in the previous annual quality assurance work plan but not completed during the reporting period, and an estimated time for their completion or an indication that they will no longer be pursued with supporting rationale.
18. The Board will hold a standing item on the agendas of its in camera meetings allowing for the head of the Service’s internal auditing function to discuss matters as he or she deems appropriate, without the presence of the Chief of Police, Command Members, or any other supervisor of the head of the internal auditing function.

It is also the policy of the Toronto Police Services Board that:

19. The Board Office will establish an internal, independent quality assurance process to ensure the effectiveness of the implementation of Board Policies, and provide the Board with additional information, analysis and recommendations to improve service delivery and identify specific areas of success and specific areas for improvement within the Service;
    1. The Chief of Police will grant the Board Office access to personnel, information, records and any other materials necessary to perform any evaluation contemplated by the Board Office, subject always to applicable legal prohibitions that do not permit disclosure (e.g. information subject to informer privilege, investigative techniques, ongoing investigations etc.).
20. In addition to the annual quality assurance work plan prepared by the Chief and the Board Office, the Board and Service will enter into a Memorandum of Understanding with the City of Toronto Auditor General for the purpose of the Auditor General conducting external audits based on their own work plan. This arrangement with the Auditor General will provide the Board and the Chief of Police with additional information, analysis and recommendations to improve service delivery, identify specific areas of success and specific areas for improvement within the Service, and to find potential areas for savings. For this purpose: 
    1. The Board may request that the City of Toronto Auditor General conduct audits that address systemic organizational issues or issues of an emergent nature that are of significant public interest;
    2. In addition, the Auditor General may independently recommend to the Board audits to be conducted by the Auditor General;
    3. The Auditor General will develop an annual audit work plan which will be provided to the Board; and,
    4. The Chief of Police will grant the Board Office and the Auditor General access to personnel, information, records and any other materials necessary to perform any audits contemplated by the above work plan, subject always to applicable legal prohibitions that do not permit disclosure (e.g. investigative techniques);
21. Upon the conclusion of each of the audits, the Auditor General will provide the Board with a report which will address the following:
    1. assessment of the adequacy and effectiveness of the Service’s or Board’s policies, procedures and/or processes in the areas stated in the audit plan in relation to the requirements of the Regulation and/or Policing Standards Manual;
    2. identification of significant issues related to the policies, procedures and/or processes of the Service or the Board, including recommended improvements; and,
    3. updates where necessary on the status and results of the audit work plan.
22. The Chief of Police will ensure that the Service’s financial transactions are verified by an annual audit conducted by the City of Toronto’s external Auditor as identified in section 139 of the City of Toronto Act, 2006;

Annual Reporting from the Chief of Police to the Board

23. In addition to any other reporting requirements required by the Board, the Chief of Police will prepare annual report(s) for the Board relating to the activities during the previous fiscal year for each of the adequacy standards, including information on:
    1. performance objectives, indicators, applicable generally accepted industry standards and results;
    2. public complaints; and
    3. the Service’s compliance with this Policy and the Adequacy Standards as stated in the Regulation, including:
       1. a summary of any changes made during the reporting period to procedures regarding each of the sections of this Policy;
       2. the status of Service compliance with these procedures; and
       3. any additional reporting requirements specified by the Board in the following chapters; and

24. The Chief of Police, in consultation with the Executive Director and Chief of Staff, will develop an expected schedule for the annual report(s), and post it on the Service’s website.