Carding Regulation

The Carding Regulation (“the Regulation”) is formally named “O. Reg. 58/16: Collection of Identifying Information in Certain Circumstances – Prohibition and Duties.” The enabling legislation for the Regulation is the Police Services Act, RSO 1990 c P-15.

Many parts came into force (i.e., in effect) on July 1, 2016 with other parts coming into force January 1, 2017. This Regulation only covers police forces governed by the Police Services Act and does not apply to interprovincial police officers (police officers who are temporarily appointed to work in Ontario).

It is important to remember when reading these Parts that these Parts and their respective sections/subsections do not exist in isolation of each other. Some sections may refer to other sections not under the same Part and some sections refer to the term defined in Section 4.

A review on the Regulation must be published no later January 1, 2019.

Overall, the Regulation provides for extremely wide discretion of the municipal police boards or Commissioner (i.e., Ontario Provincial Police) in terms of policies, procedures and other items related to overseeing carding regulation. In fact, this Regulation does little to address concerns raised by individuals and communities about police abuse, police violence, and police harassment.