Regulated Interactions

In March 2016, the Ontario Government introduced Regulation 58/16, under the Police Services Act entitled “Collection of Identifying Information in Certain Circumstances – Prohibition and Duties”, and commonly referred as the “Street Check Regulation”. This new Regulation provides for voluntary police-public interactions, which are designed to ensure that the regulated interactions are without bias or discrimination. It also establishes rules for data collection, retention, access and management, training, and policy and procedures with audit and public reporting requirements. 

Number of Attempted Collections (Incidents)

The new Regulation applies when police are attempting to collect identifying information from an individual they do not know during a ‘face-to-face’ interaction. The Regulation does not apply when an officer is conducting an investigation into an offence that is reasonably suspected to have been committed or will be committed, or in other circumstances that are specifically outlined in the regulation. The Regulation prohibits attempts to collect identifying information about an individual in ‘face-to-face’ encounters which are arbitrary or where any part of the reason for the attempt is that the officer perceives the individual to be within a “particular racialized group” unless certain other and legitimate conditions exist.

The OPS is in compliance with the prohibition and stands against such practices. We have worked alongside police members and provincial partners to ensure compliance with the new legislative requirements and completed the eight hour mandatory training. The new procedures were launched at the OPS on March 28, 2017.  

In 2018, 10 attempted “Regulated Interactions” were recorded. Identifying information was collected from four of the attempts; however, only two attempts met the requirements of a “Regulated Interaction”. Given the low number of attempts to collect identifying information it is difficult to identify any real patterns or conclusions. However, looking at the data collected, there is no identifiable “disproportionate” pattern regarding sex, age, race or location. For a second year, the number of regulated interactions is low; however it appears to be consistent across the province.      

On June 7, 2017, the Government of Ontario appointed the Honourable Justice Michael Tulloch of the Ontario Court of Appeal to lead an independent review of the implementation of the Regulation. Following lengthy consultation efforts with police and community stakeholders across the Province, Justice Tulloch released his report with recommendations on December 31, 2018. On January 8, 2019 Justice Tulloch met with members of the OPS Senior Leadership Team to provide an overview of his findings and recommendations.

The OPS will continue working with provincial partners and Ontario Association of Chiefs of Police (OACP) Special Working Group to review Justice Tulloch’s report and gain greater insight into the implementation benefits and challenges of the new legislation and any changes the review may offer. In the meantime, the OPS will maintain close monitoring, training and supports, so officers can engage in regulated interactions.

View the full report of the Independent Street Checks Review.   

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