Version 2 – Updated April 2020
4) When did the new legislative requirements related to CSWB planning come into force and how long do municipalities have to develop a plan?
The new legislative requirements related to CSWB planning came into force on January 1, 2019, as an amendment to the Police Services Act (PSA). Municipalities have two years from this date (i.e., by January 1, 2021) or until the later date prescribed by the Solicitor General to develop and adopt their first CSWB plan. The Solicitor General has the ability to prescribe a later deadline in regulation as a result of amendments to the Police Services Act that came into force on April 14, 2020 (see question #5 for more information). The CSWB planning provisions are set out in Part XI of the PSA.
The two-year timeframe was based on learnings and feedback from the eight pilot communities that tested components of the Community Safety and Well-Being Planning Framework: A Shared Commitment in Ontario booklet (see Question #33 for more information on the pilot communities).
In the circumstance of a joint plan, all municipalities involved must follow the same timeline to prepare and adopt their first CSWB plan (see Question #11 and 12 for more information on joint plans).
5) Given the current circumstances regarding COVID-19, will the ministry provide an extension on the timeline for municipalities to prepare and adopt a CSWB plan?
With the COVID-19 outbreak, the ministry appreciates that municipalities are currently facing unprecedented circumstances in their communities. The ministry also understands that some municipalities may experience delays in their planning and engagement processes as a result of the current provincial emergency.
On April 14, 2020, the government passed the Coronavirus (COVID-19) Support and Protection Act, 2020, which amends the PSA to allow the Solicitor General to extend the deadline to prepare and adopt CSWB plans. The amendments came into force immediately upon Royal Assent. The amendments allow the Solicitor General to prescribe a new deadline past January 1, 2021, which will help ensure municipalities are able to meet the legislative requirements and complete their CSWB plans. For reference, the new Act can be found at the following link: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-189.
The ministry will work with the Association of Municipalities of Ontario, as well as the City of Toronto, to determine an appropriate new deadline that will be set by regulation at a later date. The ministry will continue to keep stakeholders updated on this process.
6) What changes to the CSWB planning requirements were implemented as a result of the introduction of the Comprehensive Ontario Police Services Act, 2019?
On March 26, 2019, the government passed the Comprehensive Ontario Police Services Act, 2019, which included amendments to the CSWB planning provisions in the current PSA. These amendments came into force immediately upon Royal Assent (i.e., March 26, 2019) and include the following:
• Advisory Committee:
▪ The chief of police of a police force that provides policing in the area (or delegate) must be included on the advisory committee.