13-08 Uniform Suspension from Duty

Question 1

What is the Rationale?

Answer 1

In accordance with the Police Services Act, (PSA) the Chief of Police may suspend a police officer from duty with pay where the police officer is suspected of, or charged with, an offence under a law of Canada or of a province or territory, or is suspected of misconduct under the PSA. If a Chief of Police, Deputy Chief or other police officer is convicted of an offence and sentenced to a term of imprisonment, the Chief of Police or Police Services Board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.

Question 2

Procedure - The Chief of Police (Chief) hereby authorizes the following personnel the power of suspension granted to the Chief under the PSA

Answer 2

 any Deputy Chief of Police
 all Uniform Senior Officers
 all officers permanently assigned to Professional Standards (PRS)
 the Officer in Charge of a unit

Question 3

Criteria for Immediate Suspension - An _________ rank SHALL commence the suspension of a police officer.

Answer 3

authorized officer of equal or superior

Question 4

Criteria for Immediate Suspension - The following factors SHALL be considered in determining if immediate suspension from duty is appropriate

Answer 4

 the seriousness of the misconduct
 impact upon the reputation of the Toronto Police Service (Service), and public confidence in the Service, if the police officer is not suspended
 impact upon the integrity of the investigation
 prevention of workplace violence or workplace harassment

Question 5

Criteria for Immediate Suspension - After having made the decision to suspend, the suspending officer SHALL advise the

Answer 5

suspended officer that the suspension is effective immediately.

Question 6

Criteria for Revocation or Continued Suspension -
The Chief SHALL review a suspension pursuant to the PSA. The Chief may revoke the suspension___________, in which case the suspended officer SHALL remain on suspension until the Chief revokes the suspension.

Answer 6

with or without restrictions or may cause a Letter of Suspension to be served

Question 7

Criteria for Revocation or Continued Suspension - Professional Standards SHALL consider the following criteria when making recommendations to the Chief on whether to revoke or continue a suspension from duty:

Answer 7

 seriousness of the misconduct
 impact upon the reputation of the Service and public confidence in the Service
 impact upon the integrity of the investigation
 whether the alleged misconduct occurred in the performance of duty
 if there are any court imposed bail conditions
 the likelihood that the officer will re–offend
 any other circumstances deemed appropriate

Question 8

Criteria for Revocation or Continued Suspension - If the suspension is revoked the following conditions SHALL apply, if applicable:

Answer 8

 the police officer SHALL not be placed in a position where they could compromise the investigation
 the police officer SHALL not be placed in a position where they could likely have contact with any victim or witness involved in the investigation

A police officer’s suspension status will be reviewed as the circumstances of the investigation change.

Question 9

Police Officer - Upon being suspended from duty SHALL

Answer 9

 immediately surrender the following Service issued uniform and equipment, as applicable, to the suspending officer
 all use of force equipment
 handcuffs
 wallet and cap badge
 warrant / identification card
 eToken
 any Service issued electronic equipment including cellular/smart telephone, pager, laptop computer and electronic mobile storage device
 corporate credit card and/or covert credit card
 corporate vehicle
 memorandum book
 report to their Unit Commander for confirmation of the suspension, when directed

Question 10

Police Officer - Upon confirmation of a suspension SHALL immediately surrender all

Answer 10

remaining Service issued uniform and equipment still in their possession to their Unit Commander.

Question 11

Police Officer - While under suspension with pay

Answer 11

 SHALL report to their Unit Commander or designate in person once each and every weekday at 0900 hours, or as otherwise directed
 A suspended officer is not required to report to their Unit Commander when on annual leave, statutory holidays, weekends, while off sick, or while suspended without pay.
 SHALL advise their Unit Commander of any upcoming court appearances, if applicable
 may engage in a secondary activity subject to the provisions of Procedure 14–25
 SHALL report all monetary benefits earned from paid secondary activity during the period of suspension to the
 Unit Commander – Labour Relations

Question 12

Police Officer - Officers suspended with pay who commence a paid secondary activity SHALL have their pay

Answer 12

reduced by the amount of the monetary benefit earned from such paid secondary activity during that period of suspension, pursuant to ss. 89(7) of the PSA.
 PSA ss. 89(7) does not apply to earnings from other employment that was commenced before the period of suspension.

Question 13

Police Officer - Upon suspension being revoked SHALL

Answer 13

report to their Unit Commander.

Question 14

Suspending Officer - Upon considering the suspension of a police officer in accordance with the PSA, and in the absence of the Unit Commander, SHALL

Answer 14

 ensure an immediate and thorough investigation is conducted
 consult with the Duty Senior Officer – Toronto Police Operations Centre (TPOC) (Duty Senior Officer), or other
uniform senior officer

Question 15

Suspending Officer -When suspending a police officer from duty SHALL

Answer 15

 verbally advise the police officer that they are immediately suspended from duty
 relieve the suspended officer of the applicable Service issued uniform and equipment as listed in item 1
 deliver all surrendered Service issued uniform and equipment to the suspended officer’s Unit Commander
 date and sign the suspended officer’s memorandum book
 advise the suspended officer
 to report to their Unit Commander as directed
 that access is restricted to only the public areas of any Service facility
 of the continued availability of the Employee and Family Assistance Program (EFAP)
 arrange for the suspended officer to collect any personal property at the unit, where applicable
 notify the Duty Senior Officer
 complete a TPS 649 outlining the details of the suspension and submit to their Unit Commander
 comply with the applicable sections of Procedures 13–02 and 13–03

Question 16

Duty Senior Officer – Toronto Police Operations Centre
In addition to complying with unit–specific guidelines regarding the suspension from duty of police officers shall, when

Answer 16

ERR0R

Question 17

Definitions - Warrant / Identification Card

Answer 17

means a photo security card issued to all employees of the Toronto Police Service, allowing identification and access to Service facilities.