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Posted in Part 4: Emergency Response.

XXVII(a) Extreme Incident Response Plan Policy

REPORTING REQUIREMENT
  • Within 120 days, the Chief of Police will endeavor to ensure that a report reviewing and evaluating the response to the extreme incident is completed.
  • If the report is not available within 120 days, updates shall be provided to the Board every 30 days.
  • Following approval by the Chief of Police, the report shall be submitted to the Board for publication online, in line with privacy considerations.

LEGISLATION

Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, ss. 37(1) and 38(1).

Adequate and Effective Policing (General), O. Reg. 392/23, ss. 10(4), 10(7), 11(2)(3) and 12(1)

Background

This Policy pertains to the Provincial Extreme Incident Response Plan (the Provincial Plan), officially approved by the Solicitor General on November 28, 2023. The Provincial Plan is cited in Ontario Regulation 392/23 - Adequate and Effective Policing (General). The Toronto Police Service Board (Board) is dedicated to guaranteeing a systematic, coordinated, and efficient response to any extreme incident, and to fully implementing all stipulations outlined within the Provincial Plan.

Definitions

Extreme incident, in relation to a police service, is defined as a situation in which there is reason to suspect any of the following:

  1. A terrorism offence within the meaning of section 2 of the Criminal Code(Canada)that will cause or has caused casualties or negative impacts to critical infrastructure in the police service’s area of policing responsibility will be or has been committed;
  2. A criminal offence that will cause or has caused mass casualties will be or has been committed, and the effects of that offence could potentially exceed the capacity of the police service;
  3. A criminal offence that will cause or has caused negative impacts to critical infrastructure, requiring a response by the police service that could potentially exceed its capacity, will be or has been committed;
  4. Multiple active attacker incidents, at least one of which is in the police service’s area of policing responsibility, will occur or are occurring, simultaneously, and there is reason to suspect the incidents are related; and/or
  5. A protest, demonstration or occupation that will pose a serious threat to human life or critical infrastructure will occur or is occurring.

Policy of the Board

It is the policy of the Board that:

Procedures

  1. The Chief of Police shall establish and maintain procedures consistent with the Provincial Plan.
  2. The Chief of Police shall establish procedures on responses to a chemical, biological, radiological, nuclear or explosive incident in accordance with the Community Safety and Policing Act, 2019, Reg. 392/23, including providing assistance to victims and witnesses, and referrals that are appropriate in the circumstances to emergency services, health care professionals, victim support agencies, social service agencies and other appropriate governmental, non-governmental or community organizations.

Response to an Extreme Incident

  1. Where an extreme incident occurs within the jurisdiction of the Toronto Police Service (Service), the Chief of Police shall ensure that all the responsibilities as set out in the Provincial Plan are fulfilled, as the circumstances require, in addition to satisfying any other operational priorities that may exist.
  2. The Chief of Police shall ensure that members of the police service respond to extreme incidents in a manner consistent with the Extreme Incident Response Plan.
  3. If the Chief of Police is of the opinion that an extreme incident is an emergency, they may request the Commissioner of the OPP or chief of another police service to provide assistance.
  4. If the Board is of the opinion that external assistance is necessary during an extreme incident, the Board may request the OPP's or another police service’s assistance by resolution.

Situational Awareness and Monitoring

  1. The Chief of Police will ensure that members of the police service respond to extreme incidents in a manner consistent with the Extreme Incident Response Plan.
  2. The Chief of Police shall inform the Chair of the extreme incident and continue providing appropriate updates through the Chair or their designate.
  3. When informed by the Chief of Police of an extreme event, the Chair shall convene a special meeting as soon as possible to inform the Board of the extreme event.
  4. The Chair will consider the need for additional special meetings to update the Board on critical updates received from the Chief of Police.

Reporting

  1. The Chief of Police or designate shall, following an extreme incident, prepare a report for the Board reviewing and evaluating the Service’s response to the incident. The report must include:
    1. General information regarding the incident, including the nature of the incident, the date, time and location of the incident, the environment in which the incident occurred and the details on the response to the incident;
    2. The type of personnel from the Service and any other agencies involved in responding to the incident and their role in the response;
    3. An analysis of the outcome of the incident, including what worked well and recommendations for improvements, including matters to be addressed through changes to procedures and/or training; and
    4. As applicable, the impact of the extreme incident and the Service’s response to the extreme incident as it related to:
      1. Victims;
      2. The community;
      3. The Service and other first responder agencies; and
      4. Individual members of the Service.
  2. If the extreme incident involves the members of another police service, the Chief of Police shall prepare the above report, in consultation with the chiefs of police of the other involved police services.
  3. The Chief of Police will endeavor to ensure that the report is prepared within 120 days after:
    1. The day of the incident, if there is no Special Investigations Unit investigation into the incident; or
    2. If there is a Special Investigations Unit investigation into the incident, the day on which public notice in respect of the incident is given under section 33 of the Special Investigations Unit Act, 2019, or a report is published in respect of the incident under section 34 of that Act.
  4. If the Chief of Police is unable to complete the report within the timeframe above, the Chief of Police will notify the Board of the status of the report every 30 days, until the report is complete.
  5. The Chief of Police will provide the report to the Board within 30 days from the date on which it is approved by the Chief of Police.
  6. The Board will publish the report on the internet, subject to the following:
    1. The Board will not make any information from the report available to the public without consulting with the Chief of Police regarding:
      1. Whether any information from the report should not be disclosed; and
      2. Whether the information could be redacted if access to the report were requested under the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) and the Ontario Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
    2. The Board will not redact any information in the report that would be required to be disclosed in response to a request for access under the FIPPA or MFIPPA.