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. 

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. The new procedures were launched at the OPS on March 28, 2017.  The OPS has ensured that members have completed the eight hour mandatory training developed by the Ontario Police College and a roundtable of provincial subject matter experts.  All new recruits continue to receive the mandatory training.  

In 2019, seven attempted “Regulated Interactions” were recorded. Identifying information was collected from three of the attempts; however, only one attempt met the requirements of a “Regulated Interaction”. For the third consecutive year, the number of regulated interactions is low; however it appears to be consistent across the province.     

With only seven attempted Regulated Interactions and one correct Regulated Interaction, the compiled data is too small to draw any conclusions or identify any patterns. It should be noted that looking at the seven attempts, there is no identifiable “disproportionate” pattern regarding sex, age, race or location.

The OPS is committed to professional and equitable policing. We will continue to work together with the community on street checks and other related initiatives, to ensure policing is without discrimination and performed in a way that promotes public confidence and protects human rights.

Review the Annual Report on Collection of Identifying Information for 2019.

Review Justice Tulloch’s report