Ontario Regulation 391/23, enacted under the Community Safety and Policing Act, 2019, sets out detailed guidelines governing the use of force and weapons by police officers and special constables. The regulation outlines the specific technical standards for firearms, use-of-force protocols, and mandatory training requirements. It also addresses reporting obligations and the investigation of incidents involving the discharge of weapons.

The regulation defines key terms, including “firearm,” which is based on the definition provided in Canada’s Criminal Code, with the exception of PepperBall launchers. A “handgun” is defined as a firearm designed to be fired with one hand, and “less lethal projectiles” are described as ammunition intended to cause less harm than conventional ammunition.

In terms of firearms and ammunition, the regulation specifies the types of firearms that may be carried by police officers and special constables, with particular reference to handguns that meet technical requirements outlined in the regulation. Special conditions apply to officers appointed under the Interprovincial Policing Act, 2009, and special constables of the Niagara Parks Commission. Handguns must meet strict standards, and ammunition must be factory-loaded, meeting specific requirements for muzzle velocity, penetration, and caliber, either 9mm or .40 S&W. Officers are also required to carry at least three magazines, one of which must be loaded into the handgun while on duty. The regulation also strictly prohibits the alteration of issued firearms.

The regulation establishes strict conditions for the use and discharge of firearms. Officers are only permitted to draw or discharge a firearm when they believe it is necessary to protect life or prevent serious injury. Exceptions include scenarios where firearms may be used to call for assistance or to put down dangerous or severely injured animals. In cases where a firearm is unintentionally or intentionally discharged, an immediate investigation is required, particularly if the incident results in injury or death. These investigations are carried out by the appropriate authority, such as the chief of police or the Niagara Parks Commission, depending on the jurisdiction of the officer involved.

The regulation also details the reporting requirements for officers who use force or weapons. Officers must submit a report whenever they draw, point, or discharge a firearm in the presence of the public, or if they use a weapon on another person. However, reports are not required for actions taken during training exercises, competitions, or demonstrations. Special constables employed by the Niagara Parks Commission must follow similar reporting procedures, including when they use force or discharge conducted energy weapons, with comparable exemptions for training-related activities.

Through stringent firearm specifications, mandatory training, and detailed reporting requirements, the regulation aims to promote accountability and ensure that force is used only when necessary and in accordance with the law.

Ontario (391/23) January 6, 2024