Found property

1.1    Property discovered by, or turned over to, the Legislative Protective Service (LPS) will be processed in accordance with established Service procedures. No employee of the LPS shall claim property that has come into their possession during the performance of their duties with the LPS.

1.2    Without exception, Officers shall place all found property or property held for safekeeping in the appropriate storage area as soon as possible and prior to the completion of their shift.

2.1    Authorized agent – an individual who is permitted to collect property on the property owner’s behalf, as indicated by the property owner. The name of the authorized agent, along with a written statement of permission, must be received prior to release of property to the authorized agent.

2.2    Electronic storage devices – any type of computing hardware that is used for storing, porting or extracting data files and objects. Storage devices can hold and store information both temporarily and permanently. They may be internal or external to a computer, server or computing device. Examples of electronic storage devices include mobile phones, laptops, tablets, USB drives, etc.

2.3    Found property – any unattended, misplaced, turned over or forgotten item that is found to not be in the possession of the lawful owner, or a person who claims to be the owner, and that is not linked to an investigation or required for a future investigation.

2.4    Found property as evidence – any unattended, misplaced, turned over or forgotten item that is found to not be in the possession of the lawful owner, or a person who claims to be the owner, but that is linked to an investigation or required for a future investigation.

2.5    Legislative Precinct – has the same meaning as in the Legislative Assembly Act, RSO, 1990, c L.10.

2.6    No intrinsic value – in the context of this policy, refers to property that is mass produced or generically made, not easily distinguishable from other similar items, has minimal monetary value, and presents no indication as to ownership. Examples include: clothing, protest paraphernalia, kitchen items (e.g., mugs), etc.

2.7    Officers – refers to both Peace Officers (POs) and Protective Service Officers (PSOs) of the LPS. Where a directive refers only to Peace Officers or only to Protective Service Officers, the full title or abbreviation will be used.

2.8    Property Officer – shall be the designated Supervisor(s). No more than three Supervisors shall be designated to act as a Property Officer. At least one Property Officer must hold the rank of Sergeant or higher and at least one Property Officer must be a PSO Lead.

2.9    Property room – access-restricted room where all property that is found or surrendered is to be stored. Located in North Wing, room 416. The room is equipped with 24-hour video surveillance and keys to the internal cabinets are to be kept in the digital access key box located in NB01. There is a small digital safe kept within the property room for storage of money and small valuable (e.g., jewelry).

2.10    Sensitive property – personal property such as a passport, credit or debit card, driver’s license, keys, confidential documents and items belonging to members of Parliament that place the owner at risk if obtained by another person.

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

3.1    Property Officer on duty shall be responsible for:

• maintaining the property room;
• maintaining a complete and accurate inventory log for the property room;
• classifying found property based on estimated intrinsic value and establishing appropriate disposition dates;
• arranging for final disposition of items stored in the property room as appropriate in accordance with sections 6, 7 and 8 of this policy; and
• updating Incident Reports with final disposition of property where necessary.

4.1    All lost and found property will be held in the property room (NW416). 

4.2    Officers shall take care not to damage items when handling, storing and marking found property.

4.3    Officers should avoid collecting and storing perishable property such as items of food, or any other items where there is a high likelihood of spoilage. Food items should be disposed of immediately in appropriate waste bins. 

4.4    Found property, within the Legislative Precinct, shall be processed as follows:

• empty items such as travel mugs and water bottles of any fluids;
• complete a found property report form (OPS-005-01);
• in the case of found property, provide the finder with a copy of the property report with either the receipt or quit claim box checked off;
• complete and attach a property tag;
• place item in the property room;
• fill out the digital inventory log (OPS-005-02), including:
  • a) the date/time found;
  • b) the location found;
  • c) the associated incident number;
  • d) an item description; and
  • e) Officer initials;
• complete an Incident Report identifying:
  • a) the identity of finder (if required);
  • b) the date and location;
  • c) a statement of estimated value; and
  • d) all other pertinent details.

4.5    All items in the property room that are assessed by the Property Officer as having no intrinsic value, shall be held for a period of 30 days. All other property (unless stated otherwise in this policy) shall be held for a period of 120 days. If the finder has not selected the QUIT CLAIM box on the found property report form, the item shall be kept for 120 days regardless of its estimated value.

4.6    All necessary reports shall be filed prior to the completion of the Officer’s scheduled shift.

4.7    The Officer involved shall fully investigate the matter and make all attempts to identify the owner of the property and have them attend to retrieve the property if located. If the owner cannot attend, they will be instructed to arrange for a courier or authorized agent to pick up the property.

4.8    When handling found property presents a direct or potential hazard to safety (e.g., drug paraphernalia, weapons, unknown substances, etc.), Officers shall contact a Supervisor, who will determine what form of special assistance will be obtained and what precautionary steps shall be taken.

4.9    Items that require special handling should be visibly marked on the package to indicate the precautions to be taken (i.e., fragile, sharp object, etc.).

5.1    All found property shall be stored in the LPS property room in the appropriate location (i.e., general property cabinet), located in NW416 and accessible by card access. Property Officer will then assess the items as having non-intrinsic or intrinsic value and noting the appropriate disposition date on the back of the property tag.

5.2    Items that contain fluids will be placed in such a manner to eliminate the possibility of leakage after they are stored (e.g., plastic bags or containers with leak-proof lids).

5.3    Gasoline or other highly flammable materials will not be stored in the property room. These items will be turned over to the fire department for disposal.

6.1    Property not being held as evidence may be returned to the owner without delay if possession by the owner is lawful. Should the owner fail to reclaim the property, the property may be classified as unclaimed property and disposed of as per section 8.

6.2    Property may be claimed via either:

• arrangement with a Property Officer; or
• direct contact with an Officer.

6.3    Property shall only be released to its rightful owner upon verification of identification. An authorized agent must provide identification and written permission from the owner. In the event the agent cannot produce a letter of permission, a Supervisor shall be summoned to render a decision.

6.4    Upon being approached by an individual seeking information about lost property, the Officer shall check the property room inventory logs
(OPS-005-02) to determine if an item matching the description is present.

6.5    To retrieve an item from the property room, the Officer shall:

• note the date, disposition and Officer initials beside the item’s entry in the inventory log;
• supplement the Incident Report, to indicate disposition of item;
• note the property transaction in their Service notebook, including:
  a)    name/contact information of owner;
  b)    property description; and
  c)    date/time returned.

6.6    Except where stated elsewhere in this policy, if the owner of the property is not known and the property being held is not evidence or illegal to possess, the property will be held for 120 days. Thereafter the property may be claimed by the finder or disposed of in accordance with sections 7 and 8.

6.7    Property assessed by the Property Officer as having no intrinsic value will be held for no less than 30 days. Thereafter the property shall be disposed of in accordance with sections 7 and 8.

7.1    Items assessed as having no intrinsic value by the Property Officer shall be disposed of as follows: On the final Friday of every month, a Property Officer shall:

• remove all items that have been held for at least 30 days and dispose of them in appropriate garbage or recycling bins. Items that have not been held for 30 days are to remain in the property room;
• supplement each relevant Incident Report indicating; and
• update the inventory log (OPS-005-02) with date and manner of disposition.

7.2    Except where stated otherwise in this policy, final disposition of all other property is to be determined on a case-by-case basis and shall be indicated in the item’s associated Incident Report and the property room inventory log (OPS-005-02). Special requests for repurposing unclaimed property for LPS or LAO use shall be reviewed by, and are subject to approval by, the Inspector/Operations Manager (see OPS-005-04, Repurposing Request Form).

7.3    Where items are to be transferred to another organization either for donation or disposal, the Property Officer shall complete the Record of Transfer form (OPS- 005-03) and have it signed by a representative of the receiving organization. A copy of the Record of Transfer shall be retained in accordance with the LPS Records Retention Schedule.

7.4    When disposing of items that may pose a safety hazard, officers shall take all appropriate measures to maintain safety, including the established process for the disposal of needles. Reference to Material Safety Data Sheets (MSDS), located with Precinct Properties, shall be made before considering how hazardous items are to be destroyed.

8.1    Abandoned/Unauthorized Vehicles: shall be investigated (including checking CPIC and/or ARIS where required) and removed from the Precinct with assistance from partner agencies where appropriate. All abandoned/unauthorized vehicles shall be the subject of an Incident Report.

8.2    Alcohol: when alcohol is found or turned over to an Officer, it shall be treated as general property. Open alcohol beverage vessels that cannot be appropriately sealed, shall be emptied in the presence of a Supervisor and the vessel disposed of. The Officer shall document a detailed description of the item in their Service notebook and an Incident Report. Denatured alcohol must be disposed of as hazardous waste, it cannot be poured down a drain.

8.3    Bicycles: shall be investigated (including checking CPIC where required) to determine if owner can be identified. All unidentified bicycles shall be held for 120 days in the property room at which time, if unclaimed, a Property Officer shall arrange for appropriate disposition.

8.4    Electronic Storage Devices: all electronic devices are to be held in the property room for 120 days. If unclaimed after 120 days, electronic storage devices shall be transferred to the Technology Services Branch of the Office of the Assembly for removal of data and destruction of the device. Property Officers shall use OPS-005-05 (Record of Transfer – Digital Found Property Form) to document the transfer and receipt of a record of destruction.

8.5    Found property as evidence: shall be handled in accordance with the Evidence and Seized Property policy (OPS-007).

8.6    Money: all money shall be processed and secured in the property room inside a small digital safe that can be used to hold money/small items of value. All money shall be counted twice, by Property Officer and one other Officer, and serial numbers on any cash money shall be noted in the associated Incident Report. Unclaimed money shall be turned over to the Treasury Board after the normal retention schedule. A receipt shall be obtained from the Treasury Board representative taking possession of the money and attached to the Incident Report.

8.7    Controlled Drugs and Substances: when suspected drugs of this nature are found or turned over to an Officer, the police service of jurisdiction shall be notified immediately. An Incident Report shall be completed and the property noted as having been turned over to the police service of jurisdiction. The property report shall be signed by the police service of jurisdiction upon receipt of the property and affixed to the Incident Report.

8.8    Sensitive Property: reasonable efforts shall be made to identify the owner of sensitive property as soon as practicable. All found property of a sensitive nature shall be subject of an Incident Report.

• Provincial identity documents (driver’s license, health card, photo ID card, etc.): are to be sent through registered mail to ServiceOntario as soon as practicable.

• Passports: when Canadian passports are found, Officers must follow the following steps as per Government of Canada instructions:

  • obtain a written statement from the person who found the travel document of where, when and how they found it;
  • never return the found passport to the bearer;
  • return the document directly to the Government of Canada via registered mail,
    • with your full contact details as the law enforcement officer;
    • with a copy of the occurrence report or a note detailing the circumstances (how, who, where and when) it was recovered;
    • to this mailing address:
      Centralized Network – Passport Protection, 3rd floor Gatineau, QC, K1A 1L1
      Canada

  Passports from other countries shall be sent via registered mail to a Government of Canada office located in the country of origin. A list of Government of Canada offices abroad can be found here.

• Financial cards and/or securities: (debit, credit, money orders, cheque book, etc.): the appropriate financial institution shall be notified as soon as practicable, for directions on how to dispose of the item. Time of call, name of associate from the financial institution spoken to and final disposition of the item shall be noted in the associated Incident Report.
• Confidential or classified documents: upon finding suspected confidential or classified documents, the Officer shall notify a Supervisor and shall attempt to identify the owner, reviewing as little of the document as possible. As soon as an owner is identified, no more of the document should be viewed and details of the document should not be discussed with others. Any documents that contain security markings shall be stored in the digital safe within the property room until final disposition. If documents remain unclaimed after 120 days, they shall be destroyed using a cross-cut shredder.
• Digital storage devices (SIM cards, USB drives, mobile phones, etc.): see section 8.4.

8.9    Weapons: when a firearm or any type of restricted or prohibited weapon is found an Officer shall consider it evidence and handle it minimally by securing the immediate area in accordance with the Evidence and Seized Property policy
(OPS-007). Where the weapon is a firearm and where exigent circumstances require the seizure of the item for public or Officer safety, the firearm is to be handled in accordance with the Evidence and Seized Property policy (OPS-007). As soon as is practicable, the following are to be notified of the found firearm:

• Toronto Police Service;
• Ontario Provincial Police; and
• the Inspector/Operations Manager and Director of the LPS.

Extreme care must be exercised when handling firearms both from a personal safety and evidentiary point of view. The property report shall be signed by the police service of jurisdiction upon receipt of the firearm and affixed to the LPS Incident Report.

Officers shall not place restricted or prohibited weapons or objects adaptable for use as weapons and capable of inflicting serious bodily harm in any location within the Precinct normally accessible to non-LPS members and the Property Officer responsible for the evidence room shall secure such weapons or objects as soon as practicable in the evidence room safe.

9.1    The Inspector/Operations Manager shall conduct an annual audit of the property room, including room access logs, and submit a written report to the Director of the LPS containing their findings and recommendations.

10.1    Property Report Form (OPS-005-01)

10.2    Property Room Inventory Log (OPS-005-02)

10.3    Record of Transfer (OPS-005-03)