Secondary Activities Policy

1. POLICY STATEMENT

The Regional Municipality of York Police Service Board is committed to supporting York Regional Police in establishing a procedure ensuring members pursuing secondary activities, outside of policing, conduct themselves in compliance with section 89 of the Community Safety and Policing Act.   

This policy shall form part of the Board’s Policy Manual and the Chief of Police shall comply with these requirements in directing York Regional Police.

2. PURPOSE

While participating in secondary activities it is of the highest importance for members of the York Regional Police Service to conduct themselves ethiccally and with integrity. Board policy 01/25 ensures any secondary activities pursued by service members will;

1. comply with s. 89(1-6) Community Safety and Policing Act, 2019; and
2. be disclosed in an annual report to the police service board as required by 2019, c. 1, Sched. 1, s. 38 (d).

3. APPLICATION

3.1 This policy shall apply to:

1. York Region Police (YRP) members
2. Chief of Police
3. York Regional Police Service Board

4. DEFINITIONS

Act: Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, its successor legislation and regulations.

Advantage Derived from Employment: Includes qualifications, certifications and special knowledge or skills that are the result of employment with the York Regional Police (i.e. knowledge, skills and abilities that enhance the credentials of the member).

Board: The Regional Municipality of York Police Service Board whom employs the members York Region Police.

Chief of Police: The Chief of Police for York Regional Police.

Conflict of Interest - Means a conflict between a member's personal and/or business interests and their responsibility and/or duty as a member of York Regional Police, and includes actual or perceived conflict, and those situations which have the potential to be actual or perceived conflict. A conflict of interest may exist whether or not a pecuniary advantage has been or may be conferred on the member, and includes secondary activity that may influence, or appear to influence, the manner in which a member conducts their duties.

Members of York Regional Police: the chief of police, an employee of the board who is under the direction of the chief of police or an auxiliary member.

Secondary Activity - Means any activity undertaken outside working hours, including but not limited to: a business enterprise, secondary employment, volunteer work, a hobby, a vocation, a trade, or association membership where the member receives, is likely to receive or has the potential to receive, monetary benefit for engaging in such activity.

5. RESPONSIBILITIES

5.1 Members of York Regional Police Service:

a)Members of York Regional Police shall not engage in any activity:

1. that interferes with or influences adversely the performance of his or her duties as a member of a police service, or is likely to do so;
2. that places him or her in a position of conflict of interest, or is likely to do so;
3. that would otherwise constitute full-time employment for another person; or
4. in which he or she has an advantage derived from being a member of a police service.

b)Shall disclose to the chief of police full particulars of any proposed activity, or become aware a previous activity they have undertaken, that may contravene subsection (a)

c)The chief of police shall decide whether the member is permitted to engage in any proposed activity, subject to any conditions or restrictions that may be set out in the decision. The member shall comply with the decision and with any conditions or restrictions set out in it.

5.2 The Chief of Police:

1. If the chief of a police service proposes to undertake an activity that may contravene subsection (a), or becomes aware that they have already undertaken such an activity, the chief shall disclose the full particulars of the situation to the board. The board shall decide whether the chief of police is permitted to engage in any proposed activity, subject to any conditions or restrictions that may be set out in the decision.
2. In the case of members of York Regional police service who disclose to the chief any proposed activity, or becomes aware a previous activity they have undertaken, that may contravene subsection (a), the chief of police shall decide whether the member is permitted to engage in any proposed activity, subject to any conditions or restrictions that may be set out in the decision.
3. Once a decision has been made, the chief shall submit a written report to the board respecting any decision made under subsection (c), with reasons.
4. The chief shall report annually to the board a disclosure of all secondary activities under section 89 and decisions under that section.

5.3 The Police Service Board:

1. If the chief of police discloses to the board any proposed activity, or becomes aware a previous activity they have undertaken, that may have contravened subsection (a), the police service board shall decide whether the chief is permitted to engage in any proposed activity, subject to any conditions or restrictions the board may set out in the decision.
2. The board shall receive a report disclosing all secondary activities under section 89 and decisions under that section.

6. REPORTING

Section 38(1)(d) of the Community Safety and Policing Act requires the Board to receive regular reports from the Chief of Police on disclosures and decisions made under section 89, “Restrictions on Secondary Activities.” In compliance with this requirement, the board will receive a report, of the Chief, on the secondary activities of its members annually.

The report shall provide detail on the nature or type of the secondary activity disclosed and the reasons for allowing or denying the member to participate in the activity, and any restrictions imposed.

7. COMPLIANCE

To ensure compliance with the Act and regulations, the Board will review this policy at least every 5 years commencing from the date of adoption.