TRIBUNALS ONTARIO

Ontario Civilian Police Commission

TRIBUNAUX DÉCISIONNELS ONTARIO

Commission civile de l’Ontario sur la police

Date: October 28, 2021

Citation: Re Dryden Police Service, 2021 ONCPC 12

ONTARIO CIVILIAN POLICE COMMISSION

IN THE MATTER of an Application by The Corporation of the City of Dryden pursuant to section 40 of the Police Services Act, R.S.O. 1990, c. P.15 for the consent of the Commission to abolish the Dryden Police Service.

Decision made by: Laura Hodgson, Vice Chair

Application heard by way of written submissions.

DECISION

INTRODUCTION

1The Corporation of the City of Dryden (the City), submitted an Application to the Commission, dated September 14, 2021, requesting the Commission’s consent under section 40 of the Police Services Act (the PSA), to abolish the Dryden Police Service (the DPS).

2For the reasons that follow the Commission consents to the abolition of the Dryden Police Service in order to transition to the provision of police services by the Ontario Provincial Police (OPP).

BACKGROUND

3This background is taken largely from the application by the City and the supporting documentation filed with the Commission.

4The City of Dryden is located on the TransCanada highway on the northern shoreline of Wabigoon Lake. It is the second largest city in the Kenora District of Northwestern Ontario, Canada, with a population of approximately 7,900. The DPS has served Dryden since 1910. It is currently, the only municipal police force in northwestern Ontario other than Thunder Bay. The City previously considered alternative policing options in 2019.

5On October 26, 2020, Council for the City of Dryden authorized a request for a contract policing proposal from the OPP. On May 17, 2021, the OPP Municipal Policing Bureau delivered a comprehensive costing presentation to City Council detailing the finances of the transition. The presentation outlined the OPP ‘Integrated Detachment Model’ (police resources are shared regionally based on need) and the policing services to be provided by the OPP.

6As detailed in Application materials, OPP services will include: 24-hour Proactive and Reactive Policing; Indigenous Policing Services; Auto Theft Investigation; Breathalyzer/Intoxilyzer Technicians; By-law Enforcement (as agreed to); chemical, Biological, Radiological and Nuclear Response; Child Pornography Investigation; Communications/Dispatch; Community Policing Crime Prevention; Criminal Investigation; Crisis Negotiation; Drug Enforcement; Emergency Planning and Response; Explosives Disposal; Forensic Identification; Hate Crimes; Hostage Negotiation; Illegal Gaming Investigation; Intelligence Section; Major Case Management; Marine/Snowmobile/ATV; Offender Transport Services; Organized Crime Investigation; Reduce Impaired Driving Everywhere (RIDE);Search & Rescue; Sex Offender Registry; Traffic Enforcement & Safety; Underwater/Urban Search and Recovery and victim assistance.

7The City hired a third-party consultant to assist in analyzing and comparing policing services. The consultant’s final report was presented to Council on June 7, 2021. The report comprehensively assessed policing options, comparing costs, legislation, governance, and service level of the DPS and the OPP. The city’s Application summarizes the report’s conclusions as follows:

• That the findings of the study and analysis support that police services by the Ontario Provincial Police is a reasonable option for the City of Dryden.

• That the findings show that the average 5-year DPS cost is 44% higher than the highest cost OPP-policed Ontario municipality (Kenora, ON)

• That the findings indicate that the same quality of and level of service currently experienced by the City of Dryden will continue if the City decides to contract with the OPP but at a lower cost to the City.

• That the findings show the OPP is proposing an increase of 38% of total sworn officers to patrol the City over the total sworn officers that the DPS currently employs but at a lower cost to the City.

8Prior to Council authorizing the acceptance of the OPP proposal there was a public engagement process. Presentations and key council meetings were live streamed and recorded. Community members’ questions were received and responded to via a municipal website dedicated to the issue. On June 24, 2021, a virtual public meeting was held. Members from the DPS, the OPP and municipal staff were in attendance to provide information and answer questions. Additionally, as part of the public consultation, a public survey was conducted.

9On July 26, 2021, By-law #20121-69 to accept the OPP Contract Policing Proposal and disband the DPS was passed by Council. Paragraph 2 of the by-law reads as follows:

2. That the Dryden Police Services Board, Dryden Police Service and the City of Dryden’s Chief Administrative Officer are authorized to take the necessary steps to implement the transition and amalgamation of the Dryden Police Service with the Ontario Provincial Police.

10In its Application to the Commission, the City notes: “The disbandment of the Dryden Police Service is financially motivated due to the financial restraints of maintaining a municipal police service and is not a reflection of the policing services provided by the Dryden Police Service to date.”

11According to the Application, the following DPS positions will be terminated for the purpose of abolishing the DPS and transferring policing to the OPP:

• Police Chief employed pursuant to a contract of employment with Dryden Police Services Board;

• One Inspector employed pursuant to the Dryden Police Senior Officers’ Association members collective agreement;

• Three Sergeants, Fifteen Constables employed pursuant to the Dryden Police Association members collective agreement;

• One full-time Civilian staff employed pursuant to the Dryden Police Senior Officers’ Association members collective agreement;

• Two full-time Civilian staff employed pursuant to Dryden Police Association members collective agreement;

• Three part-time Civilian staff employed pursuant to Dryden Police Association members collective agreement;

• Ten casual Civilian staff employed pursuant to Dryden Police Association members collective agreement.

12It is unknown at this time how many of these individuals will be offered positions with the OPP. The OPP maintains the right to make employment offers as it sees fit.

13The Chief of Police and members of the DPS are represented by either the Dryden Police Association or the Dryden Police Senior Officers Association. In the Application the City submitted that, although the collective agreements had expired, they remained in effect, contained contractual severance agreements, and were expected to be renewed. By way of email update, the City later submitted recently negotiated collective agreements in effect until December 31, 2022.

14The City has requested a decision from the Commission as soon as possible as it intends to proceed with the transition to the OPP in February 2022.

LAW and ANALYSIS

15Policing in Ontario is currently governed by the provisions of the PSA.

16Section 4(1) of the PSA imposes upon municipalities the obligation to provide “adequate and effective police services in accordance with its needs”. This may be accomplished in a number of different ways. Section 5 allows a municipality to establish and maintain its own police force, enter into a joint policing arrangement with another municipality, or contract for policing services from the OPP.

17According to section 4(2) “adequate and effective” police services must include crime prevention, law enforcement, assistance to victims of crime, public order maintenance, and emergency response.

18Once a municipal police force has been established, it can only be abolished for the purpose of putting in place another policing option (e.g. OPP contract policing), after following the procedures set out in the PSA. Specifically, section 40 provides that:

40(1) A board may terminate the employment of a member of the police force for the purpose of abolishing the police force … if the Commission consents and if the abolition … does not contravene [the PSA].

(2) The Commission shall consent to the termination of the employment of a member of a police force under subsection (1) only if,

a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration; or

b) the Commission has made an order under subsection (3).

(3) If the member and the board do not make an agreement dealing with severance pay and do not agree to submit the matter to arbitration, the Commission, if it is of the opinion that it would be appropriate to permit the abolition of the police force … may order the member and the board to submit the matter to arbitration and give any necessary direction in that connection.

19If the Commission is of the view that these requirements have been satisfied, it may provide its consent to terminate members of the force, thus allowing the municipality to enter into a contract with the Solicitor General under section 10 of the PSA for policing services to be provided by the OPP.

20Section 40 of the PSA does not require the Commission to hold a hearing when deciding whether to give its consent. In some cases in the past, the Commission has held public meetings in order to receive comment from the public. The Commission’s current practice is to decide section 40 applications by way of written materials unless it is of the view that a public meeting is necessary. In this case, the Commission is satisfied that the public engagement process, discussed above, allowed Dryden residents sufficient opportunity to consider and debate the proposal.

21Having reviewed the application, the Commission is satisfied that section 40 and section 4 of the PSA have been complied with. The OPP will provide adequate and efficient policing services in a manner that protects the best interests of the municipality.

22The policing services to be provided by the OPP as set out in the Application and partly listed above are extensive and ensure that Dryden residents will continue to receive adequate and effective policing services. As noted, the third-party assessment of the OPP proposal concluded that the same quality and level of service currently provided by DPS would continue with the OPP but at a lower cost to the municipality.

23The Commission must also be satisfied that appropriate severance agreements have been made, or if not, that any dispute will be resolved by arbitration. As noted, the Chief of Police and members of the DPS now all have contractual agreements that address severance upon disbandment. Accordingly, the Commission is satisfied that the requirements of section 40(2)(a) of the PSA have been satisfied.

24It is not the Commission’s function to determine whether or not the proposed policing method is superior to what is currently in place. Nor does the Commission determine what constitutes an appropriate severance arrangement. The Commission must simply be satisfied that the proposed policing delivery method will be adequate and effective and otherwise complies with the PSA and also that effected members have entered into a severance agreement. In the circumstances of this Application, these requirements have been satisfied.

ORDER

25The Commission consents to the application by the City under section 40 of the PSA to terminate the employment of members of the DPS for the purpose of abolishing the DPS.