TTC Introduces New Policies to Support Special Constable Service and Revenue Protection Departments

The TTC has implemented the following policies:

1. Use of Force policy;
2. Use of Discretion policy; and
3. Body-worn Camera and Special Constable In-Car Camera System policy.

On April 20, 2017, The Ombudsman Toronto provided a total of 26 recommendations in their report, “An Investigation into the Toronto Transit Commission’s Oversight of its Transit Enforcement Unit” to City Council and the TTC to improve internal oversight of Special Constables and Fare Inspectors.

On May 18, 2017, the TTC accepted all 26 of the recommendations made in the Ombudsman’s report at the TTC Board meeting which included the recommendation to develop policies related to:

1. Amending the use of force policy to clearly outline the importance of de-escalation as an alternative to the use of physical force.
2. Creating a policy on the exercise of discretion by Special Constables and Fare Inspectors to use their authority.
3. Installing video recording cameras in all Transit Enforcement Unit patrol cars and;
4. Amending corporate policy and procedures on video recording in public areas to reflect the use of video recording cameras in Transit Enforcement Unit patrol cars.

In order to address the Ombudsman’s recommendations, the Special Constable Service and Revenue Protection departments have developed policies on Use of Force, Use of Discretion and Use of Body-Worn Cameras and Special Constable In-Car Camera Systems.

The policies also support the Culture Change Program (CCP), which aims to ensure that safety, security and revenue protection services are customer-focused and founded in respect and dignity for customers and employees.

The Body-worn Camera and In-Car Camera System Pilot is a nine-month pilot program that will begin in late May 2024 that will equip all Special Constables and Fare Inspectors with body-worn cameras through a phased implementation approach. Body-worn cameras will be rotated amongst 20 Special Constables and 20 Fare Inspectors for a six-week period to allow all Officers to have the opportunity to wear the devices during the pilot. In addition, all Special Constable patrol vehicles will be equipped with In-Car Camera Systems in Summer 2024.

The TTC is committed to enhancing accountability, transparency and public trust in enforcement and customer engagement. Body-worn cameras and in-car cameras will demonstrate this commitment by prioritizing oversight of Special Constables and Fare Inspectors, achieving the spirit of the Ombudsman’s recommendations. The use of body-worn cameras not only increases the capacity to capture a greater number of interactions compared to CCTV cameras, but also records audio, providing a more comprehensive documentation of events.

As outlined as the 10^th action item in the TTC’s 10-Point Action Plan on Diversity and Inclusion, the TTC is committed to learning from international best practices. Our jurisdictional scan found that body-worn cameras are being used by an increasing number of enforcement agencies in Ontario and around the world to document Officer interactions with members of the public. To ensure alignment with international best practices, the TTC is introducing BWCs for Fare Inspectors and Special Constables.

The Body-worn Camera and Special Constable In-Car Camera System policy establishes procedures surrounding the use of a body-worn camera by Special Constables and Fare Inspectors during the course of their duties, and the use of in-car camera system in patrol vehicles used by Special Constables.

All Officers will undergo training to ensure that they communicate to individuals that they are being recorded with a body-worn camera whenever feasible, such as during ticketing or in response to a call. Additionally, every Officer will be equipped with signage on their camera, clearly indicating that recording is in effect. Finally, streetcar announcements will be used to inform individuals that body-worn cameras will be activated during fare inspections. 

Body-worn cameras and in-car cameras are not intended for general 24-hour recording.

Officers are required to activate their body-worn camera during the duration of interactions with Individuals in the following circumstances:

• Fare Inspectors when conducting fare inspections.
• When interacting with Individuals to investigate and ensure compliance with TTC Bylaw No 1. c)
• Special Constables when interacting with Individuals with respect to a violation or breach of TTC By-law No. 1, Trespass to Property Act, Liquor License and Control Act, Mental Health Act, and Criminal Code of Canada.
• When an Individual involved in an interaction with an Officer requests the Officer to record the interaction.

Additionally, Special Constables will be required to activate their in-car camera during all interactions between a Special Constable and an Individual where that contact is for the purpose of an investigation with respect to a violation or breach of TTC By-law No. 1, Trespass To Property Act, Liquor License and Control Act, Mental Health Act, and Criminal Code of Canada.

Officers are required to not activate their body-worn camera or in-car camera in the following circumstances:

• Interactions that are not investigative or enforcement in nature.
• For the purposes of covert or personal-use recordings.
• Where recording is restricted (e.g. a courthouse or a hospital) except in exigent circumstances or under legal authority.

Special Constables, including TTC Special Constables, are authorized by the Province of Ontario to use force in response to an event or incident to preserve the peace, prevent crimes, maintain order as well as apprehend, detain and arrest suspects.

Special Constables aim to ensure the safety and security of TTC customers and employees by responding to safety concerns through communication and de-escalation techniques. Special Constables will only use force as a last resort, unless it is the only reasonable option available to protect an employee or member of the public from violence and/or injury. Special Constables are required to complete training provided by external trainers, which incorporates various de-escalation techniques (i.e. active listening and conflict resolution using effective communication), mental health awareness, unconscious bias awareness, and the Ontario Use of Force Model.

Fare Inspectors and Protective Services Guards are only permitted to use force for the purposes of self-defence, as outlined in Section 25 of the Criminal Code and to assist a Peace Officer, as outlined in section 25 of the Criminal Code of Canada.

The Use of Force policy is intended to establish guidelines for when force is used by Special Constables, Fare Inspectors, and Protective Services Guards during the course of their duties, and detail reporting responsibilities for when force and excessive force is used. The policy serves to operationalize the TTC’s commitment to customer service, safety and fare compliance through communication, education and de-escalation techniques designed to minimize physical harm and the reliance on the use of force.

Last updated in 2014, the former version of the Use of Force policy did not address the importance of using de-escalation techniques before resorting to physical force. Rather, the focus of the former policy was on the use of force options available to Special Constables, such as restraining devices and equipment. The updated Use of Force policy clearly outlines de-escalation techniques, such as active listening and conflict resolution as viable non-force options for Special Constables.

The updated Use of Force policy places a renewed emphasis on prioritizing de-escalation as a primary approach, advocating the use of force only as a last resort, unless it is the only reasonable option available to protect an employee or member of the public from violence and/or injury. The revised policy also introduces more robust reporting guidelines and explicitly states that Fare Inspectors and Protective Service Guards are authorized to use force for self-defense and to assist a peace officer—elements that were absent in the previous policy.

The Use of Discretion policy is intended to outline guiding principles when using discretion and detail reporting responsibilities for when discretion is used.

Discretion is used by Special Constables, Fare Inspectors, and Protective Services Guards during fare non-compliance, safety and security concerns. When using discretion, employees are directed to consider factors, including, but not limited to:

• Seriousness and nature of the offence;
• Context in which the offence takes place;
• Likelihood of a written warning deterring the person from committing future violations;
• Behaviour that may be the result of a disability or other grounds protected by the Ontario Human Rights Code; and
• Role and impact of both conscious and unconscious bias on decision-making, and other factors that are appropriate to consider.

Key components of the Use of Discretion policy, such as anti-racism and anti-bias practices, were provided to Fare Inspectors and Special Constables as a part of their onboarding training. The Use of Discretion policy formalizes existing training to emphasize the importance of the role and impact of both conscious and sub-conscious bias in decision-making.

Discretion was also integrated into our hiring processes, Officers must successfully complete scenario training that focuses on the application of discretion. The training scenarios specifically assess the individual's ability to exercise discretion.

The policies and pilot have been developed in consultation with the following external advisors, expert stakeholders and the public:

Diversity and Culture Racial Equity Impact Assessment Consultation (REIA) Results

Between 2021 to 2022, 16 community consultations and five expert stakeholder consultations were conducted by Dr. Wortley and Dr. Owusu-Bempah as a part of the Diversity and Culture Racial Equity Impact Assessment (REIA).

The consultations targeted members of Toronto’s Black and Indigenous communities and sought to evaluate public opinion on use of force, use of discretion and use of body-worn cameras and in-car cameras by Special Constables and Fare Inspectors.

Consultations with Front Line Employees:

From December 19, 2023, to March 8, 2024, the TTC consulted with executive members of CUPE Local 5089, the Union representing TTC Fare Inspectors, Special Constables and Protective Service Guards to obtain feedback on all three policies.

Public Virtual Consultation

• On February 5, 2024, a virtual consultation was held to obtain feedback on all three policies. An invitation to participate in the consultation was sent to more than 300 stakeholder groups, representing over 1,400 members with diverse interests such as transit, youth, and community advocacy. 
• A total of 32 stakeholder groups attended the online session to provide their questions and concerns about the policies. The consultation was facilitated by Left Turn Right Turn as a neutral third-party who directed questions from participants to the following panel members:
  • Dr. Wortley, Centre for Criminology and Sociolegal Studies, University of Toronto
  • Dr. Owusu Bempah, Department of Sociology, University of Toronto
  • Arleen Huggins, LSM-Koskie Minsky - LLP
  • Keisha Campbell, Chief Diversity and Culture Officer, TTC
  • Angela Gibson, Executive Director, Farecard Technology and System Stewardship (Acting), TTC

Public Survey

In January 2024, the survey, that was originally circulated to select groups in August 2023, was made available to all TTC customers through ttc.ca. Re-circulation of the survey provided the broader public with the opportunity to share their opinions on the policies. The survey was posted for three weeks and was completed by over 2,900 respondents

Subject Matter Experts

The policies have been developed through collaborative consultations and undergone thorough review by lawyer, Arleen Huggins, Professor Wortley, Professor Owusu-Bempah, and the Ombudsman Toronto.