ONTARIO CIVILIAN POLICE COMMISSION

Safety, Licensing Appeals and Standards Tribunals Ontario

COMMISSION CIVILE DE L’ONTARIO SUR LA POLICE

Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario

2018 ONCPC 1161

Date: January 22, 2018

In the Matter of an Application under Section 116 (1) of the Police Services Act, R.S.O. 1990, c. P.15, as amended

Between:

Samuel Patterson

Applicant

and

Niagara Regional Police Service Senior Officers’ Association

Respondent

DECISION

Panel:

D. Stephen Jovanovic, Associate Chair

Appearances:

Andrew Pinto, counsel for the appellant

Superintendent Richard Frayne, for the respondent

Place and Date of Hearing:

By written submissions

Overview

1On June 13, 2017 the Commission received an application under section 116(1) of the Police Services Act (the PSA) from the applicant. Section 116(1) provides the following:

If there is a dispute as to whether a person is a member of a police service or a senior officer, any affected person may apply to the Commission to hold a hearing and decide the matter.

2Notice of the application was provided to the Chair of the Niagara Regional Police Services Board, the Acting Chief of the Niagara Regional Police Service, the President of the Niagara Regional Police Association and the President of the Niagara Regional Police Service Senior Officers’ Association (the respondent).

3The applicant has been employed as the Fleet Supervisor, a civilian position, with the Niagara Regional Police Service (the Service) since 2005. In January 2016 he submitted a request to the Acting Chief of the Service that he be included as a member of the respondent. He submitted further information to the Acting Chief in August 2016 addressing all of the factors set out by the Commission in Dryden Police Association and Dryden Police Services Board, 1998 OCCPS.

4These seventeen factors are used by the Commission in determining if a member of a service qualifies as a senior officer. An applicant need not satisfy all of these factors. The respondent, through Superintendent Frayne, questioned some of the information provided by the applicant. Deputy Chief Bryan MacCulloch wrote to Superintendent Frayne on June 29, 2017 confirming much of the information provided by the applicant.

5] Following the application to the Commission, only the respondent indicated that it would be opposing the application. After two Pre-Hearing Conferences were conducted by the Commission in this matter a hearing into the application was scheduled for February 6, 2018. The Commission has now been advised that the respondent is no longer opposing the application.

6Section 114 of the PSA defines a “senior officer” as a “member of a police force who has the rank of inspector or higher or is employed in a supervisory or confidential capacity.” After reviewing the submissions of the applicant and taking into consideration that there is now no opposition to the application it does appear that the applicant qualifies as a senior officer, as he is employed in a supervisory or confidential capacity.

ORDER

7The Commission grants the application and declares that the applicant is a senior officer with the Niagara Regional Police Service.