Ontario – The Strengthening Safety and Modernizing Justice Act 2023 includes legislative amendments that if passed, would support bringing the Community Safety and Policing Act, 2019 (CSPA) into force. It proposes amendments that would clear the path for more people to consider a career in policing, strengthen protections for animals and increase access to the courts by reducing backlogs.
Community Safety and Policing Act, 2019 (CSPA)
On March 26, 2019, the CSPA received Royal Assent; however, there are several important operational and critical amendments to make to bring the act into force. These amendments focus on oversight and governance, labour arbitration, police recognition and education, and providing clarification and alignment with other statutes.
Through the CSPA and its regulations, the government will establish a legislative framework that improves Ontario’s approach to policing and community safety that addresses changes to policing over the last 30 years, including improving accountability for the policing sector. This updated framework is designed to advance policing that is fair, equitable, safe, transparent, and effective.
Provincial Animal Welfare Services (PAWS) Act, 2019
The PAWS Act came into force on January 1, 2020 and sets out standards of care and prohibitions against causing animals distress, that help ensure that animals in the province are protected and treated in a humane manner.
The proposed statutory amendments to the PAWS Act will help improve animal welfare, strengthen compliance, and enhance enforcement capabilities. These amendments relate to improving cost recovery for Animal Welfare Services (AWS), clarifying Animal Care Review Board processes, and narrowing gaps related to AWS inspector authorities to help strengthen protections for animals. It is anticipated that these changes will lead to improvements in enforcement, compliance, and animal welfare.
Coroners Act
The Coroners Act creates the authority to examine a body to determine the circumstances of the death (who, how, when, where and by what means); if an inquest is necessary; and to collect and analyze information about the death to prevent further deaths.
The Office of the Chief Coroner and the Ontario Forensic Pathology Services (OCC/OFPS) have the authority under the Coroners Act (Regulation 180) to retain and store tissue samples and body fluids obtained during a post-mortem examination. The regulation identifies the types of specimens that can be stored and the retention period.
The proposed statutory amendment would enable the government to make regulations to allow for the collection of tissue samples during a coroner’s investigation that are not immediately required for the investigation under the Coroners Act. Such tissue samples may be of benefit in relation to current and future advances in health and forensic sciences, such as genetic testing.
Tissue samples retained by the OCC/OFPS may be used for DNA testing to assist with identifying fatal genetic conditions both at the time of death and in the future as medical advances continue to improve knowledge about genetic connections to medical conditions.
Fire Protection and Prevention Act, 1997 (FPPA)
The FPPA establishes the legislative framework for the delivery of fire protection services in Ontario including, among other things: rights of entry in emergencies and fire investigations, inspection powers, offences and enforcement, and recovery of costs.
The proposed amendments to the FPPA would:
- allow full implementation of cost recovery provisions added in 2019 for immediate Authorizations to Close
- allow more than one deputy fire marshal to be appointed and fulfill the duties of the deputy fire marshal in the act
- provide the Fire Safety Commission (FSC) with the authority to extend the time to appeal an order beyond the current 30-day period in exceptional circumstances
- eliminate the three-member quorum requirement so that appeals before the FSC can be heard by a single member.
Courts of Justice Act and Justices of the Peace Act
The federal government has recently passed legislation enhancing the judicial education provisions under the Judges Act to encourage training on sexual assault for federally appointed judges. Similar legislation for educational changes related to intimate partner violence is at third reading in the Senate.
The proposed changes to the Courts of Justice Act and Justices of the Peace Act will support judicial education related to gender-based violence for provincially appointed judges and justices of the peace. These changes would ensure a consistent approach to the way judges are educated about gender-based violence and its impacts on children, families and communities.
Courts of Justice Act
Currently, claims for money or personal property valued up to $35,000 can generally be started in either the Small Claims Court or the Superior Court of Justice (SCJ).
The proposed change to the Courts of Justice Act would prevent plaintiffs from starting claims in the SCJ that are within the jurisdiction of the Small Claims Court (unless the SCJ orders otherwise). This would eliminate cases in the Superior Court that could instead be heard in the Small Claims Court and would free up judicial time and resources to focus on urgent priorities. In this way, this amendment should reduce case backlogs in the SCJ.
Provincial Offences Act
The Provincial Offences Act (POA) governs the prosecution of offences established under provincial law and municipal by-laws. The POA creates a system for the prosecution of non-criminal charges such as traffic offences, as well as trespass to property charges, environmental charges, and liquor licensing violations.
The proposed housekeeping amendment would clarify the current practice that it is court staff and not judicial officers who file judicial review application materials with the court.