Deportment

1.1    As employees of the Office of the Assembly (OA), LPS employees must adhere to all policies issued by the OA. If there is a conflict between OA policies and policies specific to the Legislative Protective Service (LPS), OA policies will take precedence except where predicated on a legal obligation (e.g. compliance with the Special Investigations Unit Act, 2019).

1.2    The deportment of employees of the LPS should reflect the dignity of the OA and of the Service at all times. As such, Officers are required to adhere to both LAO and LPS Codes of Conduct.

1.3    Failure to abide by the OA and LPS Codes of Conduct will be dealt with in accordance with established OA policies on disciplinary action, including the LAO Progressive Discipline policy.

1.4    It is the responsibility of all Officers to comply with the standards of deportment outlined in this policy and the Dress, Deportment and Protocol Manual. 

1.5    All Officers shall abide by the OA and LPS Codes of Conduct when engaged in LPS activities or duties on or off the Precinct.

2.1    Code of Conduct – a set of standards specifying acceptable conduct.

2.2    Comport – conduct oneself; behave.

2.3    Deportment – the manner in which members of the Service comport themselves.

2.4    Officers of the LPS (also referred to as Officers) – refers to both Peace Officers (POs) and Protective Service Officers (PSOs).

2.5    Psychological Detention – “where the individual has a legal obligation to comply with a restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply” (R. v. Grant, [2009] 2 S.C.R. 353).

2.6    Supervisor – refers to both Sergeants and PSO Leads, as well as the senior leadership staff (PSO Supervisor, Staff Sergeants, PSO Manager Inspector/Operations Manager, and Director) of the Legislative Protective Service and the Sergeant-at-Arms.

3.1    Officers shall behave in a manner that is respectful of the Legislative Assembly of Ontario (LAO), the Legislative Protective Service (LPS), its uniform, their colleagues and the public.

3.2    Officers shall report for duty at a time and place required by assignment or orders and be able to meet all criteria associated with their role. They shall be properly equipped and make every effort to be aware of information required for the proper performance of their duties.

3.3    Officers, during their shift, shall devote their time and attention to the effective and professional performance of their duties. Officers shall not leave their assigned duty posts during their shifts without proper authority.

3.4    An Officer’s personal behaviour shall be above reproach and not bring discredit to the LAO or the LPS. Officers shall immediately advise the Director of the LPS, in writing, of any criminal or civil matters before the courts involving the Officer.

3.5    Officers shall discharge their duties in a fair, respectful, and unbiased manner.

3.6    Officers shall comply with all applicable legislation and the regulations made under such legislation including, but not limited to, the Criminal Code (Canada) and the Special Investigations Unit Act, 2019.

3.7    An Officer contravenes this code of conduct if they are found guilty of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada).

3.8    In the course of their duties, an Officer shall not, treat any person in a manner that would contravene the Human Rights Code.

3.9    An Officer shall not, by act or omission, do anything that at the time, that knows or ought reasonably to know it would infringe or deny a person’s rights or freedoms under the Canadian Charter of Rights and Freedoms.

3.10    An Officer shall not make an arrest if, at the time of the arrest, the Officer knows or reasonably ought to know that the arrest is unlawful.

3.11    An Officer shall not authorize or make a physical or psychological detention if, at the time of the detention, the Officer knows or reasonably ought to know that the detention is unlawful.

3.12    An Officer shall not neglect the health or safety of any individual who is in their custody as a result of the Officer’s duties.

3.13    An Officer shall not conduct themselves in a manner that undermines, or is likely to undermine, public trust in the Legislative Protective Service or the Legislative Assembly of Ontario.

3.14    An Officer shall not use force unless,
a)    The force is used for the purpose of carrying out a duty;
b)    The Officer is entitled by statute or common law to use force for the purpose of carrying out that duty;
c)    The Officer is acting on reasonable grounds; and
d)    The force used is no more than is necessary given the circumstances.

3.15    An Officer shall not, in the course of their duties, use insulting language with any person or otherwise treat any person in a manner that is abusive or unprofessional.

3.16    An Officer shall not deliberately conceal their name or the name of the Legislative Protective Service. While acting in the course of their duties, an Officer shall, upon request, provide their name, the name of the LPS and, if applicable, badge number to any member of the public in a manner reasonable in the circumstances that allows the member of the public to identify the Officer.

3.17    An Officer shall not solicit, offer or take a bribe.

3.18    An Officer shall not use their position as an Officer of the LPS (including use of their LAO identification or, if applicable, their LPS badge) to do any of the following:
1.    Benefit themselves.
2.    Benefit one or more persons with whom they have a personal relationship.
3.    Interfere with the administration of justice.
See ADM-016 (Dress, Appearance and Equipment) for additional information on badges.

3.19    Officers shall not disclose confidential information obtained or made available during the course of their duties, except as required by law or as authorized by the Director of the LPS.

3.20    An Officer shall not access, collect, use, alter, retain or destroy information obtained or made available in the course of their duties as an Officer of the LPS if doing so would be contrary to law.

3.21    An Officer shall not accept a gratuity or present of more than nominal value from any person or entity if the gratuity or present could influence or could be perceived to influence the performance of the Officer’s duties, except if the Director of the LPS or designate authorizes the Officer to accept the gratuity or present.

3.22    An Officer shall not offer or give any LPS purchased property, article or gift to any person without the express authorization of the Director of the LPS or designate.

3.23    An Officer shall not, by act or omission, fail to perform their duties without lawful excuse if, at the time, they know or reasonably ought to know that their act or omission would amount to a failure to perform their duties.

3.24    An Officer shall take notes in accordance with the procedures established in accordance with OPS-010 (Service Notebooks).

3.25    An Officer shall not negligently perform any duty.

3.26    Officers shall not appear for duty, or be on duty, while under the influence of intoxicants (including alcohol or recreational cannabis) to any degree whatsoever, or with an odour of intoxicants on their breath or on their person. Officers shall not consume intoxicating beverages while in uniform or on duty (See also LAO Fit for Duty policy).

3.27    Officers shall not have in their possession any controlled substances or illicit drugs except those legally prescribed by a physician or evidence obtained in the performance of their duties.

3.28    Officers shall not appear for duty under the influence of any medically prescribed medication, or over the counter medication, compound or other preparation that impairs the Officer’s ability to fully perform all duties required of them (See also LAO Fit for Duty policy).

3.29    When any Officer is taking prescribed medication, the Officer shall inquire if such medication could affect work performance. When such medication could affect work performance, the Officer shall notify a Supervisor as not to violate the LAO Fit for Duty policy or sections 3.26 to 3.28 inclusive of this policy.

3.30    Officers shall ensure all medications or controlled substances coming into their possession as a result of on-duty activities are handled and properly secured in accordance with Service policy (see OPS-002 (Arrest, Release and Search) and OPS-005 (Evidence and Found Property)).

3.31    Officers shall ensure that all medications being brought into the Precinct for personal use are properly secured at all times.

3.32    Officers shall report any unlawful/unethical behaviour that they witness while on duty to a supervisor (orally or in writing), including when the behaviour is that of a member of another responding service (e.g. Toronto Police Service, EMS, etc.). Where applicable, Officers have a duty to intervene to prevent such behaviour as outlined in OPS-017 (Duty to Intervene).

3.33    When an Officer is to be absent from duty due to illness, injury, or disability he/she shall notify the appropriate supervisor prior to the commencement of the shift. Where and when possible, that notification shall take place at least two hours prior to the commencement of a day shift or at least four hours prior to the commencement of a night shift in order to ensure adequate staffing.

3.34    An Officer shall not purport to speak on behalf of the LPS or the LAO to the media about a matter connected with the LPS or LAO, except as authorized by the Director of the LPS.

3.35    An Officer shall not be absent without authorization from or late for any duty without reasonable excuse.

3.36    An Officer shall comply with every lawful order from a Supervisor and shall not otherwise be insubordinate towards a supervisor.

3.37    An Officer shall comply with all General Orders and Service Directives of the LPS and all LAO policies, except where required by law (e.g. to comply with the Special Investigations Unit Act, 2019).

3.38    An Officer shall be responsible for the care and control of any items of uniform/equipment issued to them or made available to them and shall be held responsible for any intentional and/or negligent actions that result in the loss, damage, or theft of any such items.

3.39    An Officer shall report any loss or damage to clothing, equipment or other property described in the previous section to the Officer’s supervisor as soon as practicable.

3.40    An Officer shall not engage in workplace violence or workplace harassment, including workplace sexual harassment, as those terms are defined in the Occupational Health and Safety Act and the LAO Workplace Violence Policy and LAO Discrimination and Harassment Policies.

3.41    An Officer shall not deceive or mislead any person in relation to the Officer’s duties, the Officer’s employment or the administration of justice through any act or omission, except to the extent required or authorized for carrying out the Officer’s duties.

3.42    Officers who do not understand their assigned duties in a particular situation shall consult their supervisor and/or refer to Service policy (General Orders and Directives) and training materials.

3.43    Officers shall remain awake while on duty. If unable to do so, they shall so report to a supervisor who shall determine the proper course of action.

3.44    Officers may consume water from Service-issued water bottles while assigned to static posts or engaged in operational duties. Officers shall not eat, or drink beverages other than water while engaged in operational duties except as is medically necessary or when authorized by a supervisor during exigent circumstances.

3.45    An Officer shall abstain from chewing gum or using tobacco in any of its forms in public view except while on break in an area designated for smoking/vaping.

3.46    Officers shall maintain such physical condition as is required by their position or required to perform any duties associated with their position.

3.47    Officers shall respond in a prompt and safe manner appropriate to the circumstances when dispatched or ordered to respond to any situation or call for service. When the assignment has been completed, Officers shall make themselves available for further service. Unnecessarily postponing response or failing to respond to a call constitutes neglect of duty.

4.1    Supervisors are responsible for the good order, conduct and discipline of Officers under their command.

4.2    A supervisor shall be responsible for enforcement of the rules, regulations, policies and procedures, including ensuring that Officers adhere to all terms outlined in the Code of Conduct.

4.3    A supervisor shall not ridicule rules, regulations or orders, nor shall he/she permit Service personnel to do so.

4.4    A supervisor shall exercise his/her authority without bias or prejudice, and shall use caution in situations that could obligate him or herself to Service personnel of lower rank/position.

4.5    A supervisor shall take suitable action on the discovery of any failure, error, violation, misconduct, or neglect of duty by Service personnel, and he/she shall act as promptly as circumstances will allow. 

5.1     The Operations Manager shall ensure all supervisory staff under his or her command takes suitable action upon the discovery of any failure, error, violation, misconduct or neglect of duty by Service personnel in a timely manner.

5.2     Upon notification of a serious breach of conduct, the Operations Manager shall ensure the incident is properly documented and forwarded to the Director for review.

6.1     The Director shall notify the Sergeant-at-Arms of any serious breach of conduct in a timely manner.

6.2     The Director shall review the incident report and initiate action as appropriate.