In this Act 1981, c.59, s.1; 1986, c.64, s.1; 1987, c.41, s.1; 1987, c.N-5.2, s.25; 1988, c.11, s.24; 1988, c.64, s.10; 1988, c.67, s.8; 1991, c.26, s.1; 1996, c.18, s.1; 1997, c.60, s.1; 1998, c.42, s.1; 2000, c.26, s.241; 2000, c.38, s.1; 2005, c.7, s.62; 2005, c.21, s.2; 2008, c.32, s.1; 2016, c.37, s.142; 2017, c.20, s.137; 2019, c.2, s.108; 2020, c.25, s.85; 2021, c.25, s.1; 2021, c.46, s.1; 2022, c.28, s.40
“auxiliary police constable” means a person appointed under subsection 13(1.1); (constable auxiliaire)
“auxiliary police officer” means a person appointed pursuant to subsection 13(1);(agent de police auxiliaire)
“board” means a board of police commissioners as established under subsection 7(1);(comité)
“chief of police” includes a police officer in charge of a police force, an acting chief of police and a police officer designated by the chief of police to act on behalf of the chief of police;(chef de police)
“civic authority” means a board, a joint board or, where a board or joint board has not been established, a council, and includes any person designated by the civic authority to act on the civic authority’s behalf;(autorité municipale)
“code” means the code of professional conduct prescribed by regulation;(code)
“Commission” means the New Brunswick Police Commission as established by subsection 18(1);(Commission)
“complainant” means a person who files a service or policy complaint or a conduct complaint;(plaignant)
“conduct complaint” means (plainte pour inconduite)
(a) in Part III, a complaint concerning the conduct of a member of a police force;
(b) in Part III.1, a complaint concerning the conduct of an appointee while performing police duties in the Province; and
(c) in Part III.2, a complaint concerning the conduct of a member of a police force while performing police duties in another province or territory of Canada;
“corrective and disciplinary measures” means the corrective and disciplinary measures prescribed by regulation;(mesures correctives et disciplinaires)
“council” means the council of a municipality and includes, unless the context requires otherwise, the council of a rural community or regional municipality; (conseil)
“councillor” means a councillor of a municipality and includes, unless the context requires otherwise, a councillor of a rural community or regional municipality; (conseiller)
“disciplinary and corrective measures” Repealed: 2021, c.25, s.1
“Fund” means the Municipal Police Assistance Fund established under section 5.01, unless the context otherwise indicates;(Fonds)
“interim policing authority” Repealed: 2000, c.38, s.1
“interim regional police force” Repealed: 2000, c.38, s.1
“joint board” means a board of police commissioners established pursuant to section 17.1;(comité mixte)
“major violation” Repealed: 2005, c.21, s.2
“mayor” includes, unless the context requires otherwise, a mayor of a municipality, rural community or regional municipality;(maire)
“member of an interim regional police force” Repealed: 2000, c.38, s.1
“member of a police force” includes a chief of police and a police officer;(membre d’un corps de police)
“member of the New Brunswick Highway Patrol” Repealed: 1988, c.67, s.8
“member of the Royal Canadian Mounted Police” means a member as defined in the Royal Canadian Mounted Police Act (Canada);(membre de la Gendarmerie royale du Canada)
“Minister” means the Minister of Public Safety and includes a person designated by the Minister to act on the Minister’s behalf;(Ministre)
“minor violation” Repealed: 2005, c.21, s.2
“municipality” means a city, town or village and includes, unless the context requires otherwise, a rural community or regional municipality; (municipalité)
“New Brunswick Highway Patrol” Repealed: 1988, c.67, s.8
“personnel file” means a file containing employment information about a member of a police force;(dossier personnel)
“police commission” means any municipal police commission existing prior to the coming into force of this Act;(commission de police)
“police force” means a police force established for a municipality or for a region but does not include the Royal Canadian Mounted Police;(corps de police)
“police oversight body” means the person, board, agency, commission or other body responsible for processing complaints concerning police conduct in another province or territory of Canada;(organisme de surveillance de la police)
“police services” Repealed: 2021, c.25, s.1
“police services” or “policing” means the provision of police protection by means of(maintien de l’ordre) or(services de police)
(b) the provision and maintenance of a police force;
“regional police service” Repealed: 2005, c.21, s.2
“regional policing authority” means a regional policing authority established under section 17.01;(autorité régionale responsable du maintien de l’ordre)
“representative” means(représentant)
(a) a lawyer who is a member of the Law Society of New Brunswick entitled to practise law in the courts of New Brunswick,
(b) the president of the police officer’s local trade union, or the president’s designate,
(c) if the member of a police force is not a member of a local trade union, a member of a police force designated by the member to represent the member, or
(d) any other person designated by the member of a police force to represent the member;
“service or policy complaint” means a complaint concerning (plainte relative aux services ou aux politiques)
(a) the general direction, management or operation of a police force,
(b) the policies and internal procedures of a police force,
(c) the staffing or relocation practices of a police force,
(d) the training programs or resources of a police force, or
(e) the ability of a police force to respond to requests for assistance;
“service record of discipline” means a record containing details of corrective and disciplinary measures agreed to by the parties to a settlement conference or imposed by an arbitrator;(dossier de service concernant la discipline)
“support person” means the person of the complainant’s choice who attends a settlement conference with the complainant.(personne de confiance)
2021, c.25, s.11991, c.26, s.2; 1997, c.60, s.2; 2000, c.38, s.2; 2005, c.21, s.3; 2021, c.25, s.1
The Minister shall
(a) promote the preservation of peace, the prevention of crime, the efficiency of police services and the development of effective policing,
(b) co-ordinate the work and efforts of police forces and the Royal Canadian Mounted Police within the Province,
(c) assess the adequacy of each police force and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities, and
(d) determine whether each municipality is maintaining an adequate level of policing.
For the purposes of subsection (1), the Minister may
(a) consult with and advise boards, joint boards, councils, police forces, a regional policing authority and the Royal Canadian Mounted Police on matters relating to policing,
(b) provide to boards, joint boards, councils, police forces, a regional policing authority and the Royal Canadian Mounted Police
(i) information and advice respecting the management and operation of police forces and the Royal Canadian Mounted Police in handling special problems, and
(ii) such other information as the Minister considers to be of assistance,
(c) establish a system of inspection and review of police forces,
(d) establish and maintain a central information and statistics service and perform research for the purposes of aiding police forces and the Royal Canadian Mounted Police,
(e) promote and assist in the development and installation of a communication system for all or any police force,
(f) promote and assist in the development of police education at the post secondary school level,
(g) establish programs and methods designed to promote public understanding of police functions, and
(h) perform other functions and establish other programs that are conducive to the development of effective police services.
Subject to this Act and the regulations, the Minister may issue guidelines and directives to any police force within the Province for the attainment of the purposes of subsection (1).
1981, c.59, s.2; 1984, c.54, s.1; 1996, c.18, s.2; 1997, c.60, s.3; 2002, c.54, s.25; 2004, c.12, s.52; 2021, c.25, s.1
With the authorization of the Lieutenant-Governor in Council, the Minister may enter into agreements with Canada for the employment of the Royal Canadian Mounted Police to enforce the law and to assist in the administration of justice within the Province.
With the authorization of the Lieutenant-Governor in Council, the Minister may enter into agreements for the employment of persons to serve the Royal Canadian Mounted Police.
Every member of the Royal Canadian Mounted Police, every member of a police force and every auxiliary police constable appointed under this Act has all the powers, authority, privileges, rights and immunities of a peace officer and constable in and for the Province of New Brunswick, and is ex officio an inspector under the Motor Carrier Act, a peace officer under the Motor Vehicle Act and a conservation officer under the Fish and Wildlife Act, and each member of and above the rank of corporal may exercise the powers conferred by section 9 of the Fire Prevention Act.
The Minister may enter into an agreement with the Royal Canadian Mounted Police for the administration of the Royal Canadian Mounted Police Auxiliary Constable Program. 1996, c.18, s.3; 2021, c.25, s.1
1986, c.64, s.2; 1996, c.18, s.4; 2021, c.25, s.1
A certificate purporting to be issued and signed by a chief of police to the effect that the person to whom it is issued is a member of a police force or a police officer appointed under this Act is, without proof of the chief of police’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.
A certificate purporting to be issued and signed by the Minister to the effect that the person to whom it is issued is an auxiliary police constable appointed under this Act is, without proof of the Minister’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.
1981, c.59, s.3; 1986, c.64, s.3; 1987, c.41, s.2; 1988, c.64, s.10; 1997, c.55, s.1; 1997, c.60, s.4; 2000, c.38, s.3; 2005, c.7, s.62; 2017, c.20, s.137; 2021, c.25, s.1
Subject to subsection (1.1), every municipality shall be responsible for providing and maintaining adequate police services within the municipality.
A rural community or a regional municipality shall be responsible for providing and maintaining adequate police services within the whole rural community or regional municipality, as the case may be, if it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
A municipality that provides and maintains a police force is for the purposes of this Act deemed to be the employer of the members of the police force in matters relating to labour relations.
Where, by reason of the establishment of an enterprise or business or for any other reason, special circumstances or abnormal conditions exist in any area that, in the opinion of the Lieutenant-Governor in Council, render it inequitable that the responsibility for the provision and maintenance of police services be imposed wholly or partially upon a municipality or upon the Province, the Lieutenant-Governor in Council may designate the area as a special area, and may require the person operating the enterprise or business within that area or being the owner of that area, to enter into an agreement
(a) with the Lieutenant-Governor in Council, or
(b) with a municipality,
A member of the Royal Canadian Mounted Police or a police officer who is charged with an offence under a Provincial statute shall not be convicted if it is made to appear to the judge that the person charged with the offence
(a) committed the offence while discharging the person’s responsibilities,
(b) was reasonably justified in committing the offence having regard to the responsibility being discharged, and
(c) acted in a reasonable manner having regard to all of the circumstances.
1997, c.55, s.2; 2005, c.21, s.4; 2021, c.25, s.1
Repealed: 2005, c.21, s.4
A civic authority
(a) shall, in consultation with the chief of police, establish the priorities and objectives of the police force,
(b) shall establish policies for the police force in accordance with this Act and the regulations,
(c) shall issue instructions as necessary to the chief of police but not to any other member of the police force and the instructions issued shall not be in respect to specific operational decisions or not in respect of the day-to-day operations of the police force, and
(d) shall ensure that the chief of police carries out the duties of the chief of police in accordance with this Act and the regulations and with the priorities, objectives and policies established by the civic authority under this Act.
A chief of police
(a) shall lead the police force and oversee the operation of the police force in accordance with this Act and the regulations and the priorities, objectives and policies established by the civic authority under this Act,
(b) shall have all of the powers necessary to manage and direct the police force so as to fulfill the responsibility of the civic authority to provide and maintain an adequate police force in the municipality or the region, as the case may be, in accordance with this Act and the regulations,
(c) shall apply professional police procedures in the day-to-day operations of the police force,
(d) shall ensure that the members of the police force carry out their duties in accordance with this Act and the regulations,
(e) shall report directly to the civic authority in respect of the operation of the police force and the manner in which the chief of police carries out the responsibilities of the chief of police under this Act and the regulations, and
(f) shall obey the lawful instructions of the civic authority.
2021, c.25, s.12021, c.25, s.1
A civic authority may delegate in writing to any person any of the powers or duties of the civic authority under this Act, except the power of delegation.
In a delegation under subsection (1), the civic authority
(a) shall establish the manner in which the delegate is to exercise the delegated authority, and
(b) may impose on the delegate terms and conditions that the civic authority considers appropriate.
A delegate shall
(a) exercise the delegated authority in the manner established in the delegation, and
(b) comply with the terms and conditions imposed in the delegation.
A person purporting to exercise a power or duty of the civic authority by virtue of a delegation under subsection (1) shall produce evidence of their authority to exercise that power or duty when required to do so.
A municipality may enter into an agreement 1987, c.41, s.3; 1988, c.67, s.8; 1991, c.26, s.3; 2021, c.25, s.1
(a) with the Lieutenant-Governor in Council for the policing of the municipality by the Royal Canadian Mounted Police,
(a.1) Repealed: 1988, c.67, s.8
(b) with the Government of Canada for the policing of the municipality by the Royal Canadian Mounted Police subject to the approval of the Lieutenant-Governor in Council, or
(c) with another municipality for the employment of its police force as the police force for that municipality, with the approval of the Minister.
2021, c.25, s.1A municipality shall not, without the consent in writing of the Minister, 1981, c.59, s.4; 2021, c.25, s.1
(a) establish, abolish or disband a police force,
(b) withdraw from an agreement under which it is policed, or under which it provides policing to another municipality, or
(c) withdraw from an agreement for the policing of a region.
2021, c.25, s.11988, c.64, s.10; 1997, c.55, s.3; 2021, c.25, s.1
On the recommendation of the Commission, the Lieutenant-Governor in Council may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within a municipality if the Lieutenant-Governor in Council determines that
(a) a municipality is not discharging its obligations under section 3,
(b) a board is not discharging its obligations under section 7, or
(c) the police services provided within a municipality are inadequate for any reason.
The cost of providing police services under subsection (1) is a debt owed to the Crown in right of the Province that shall be charged to the municipality and may be deducted from any funds payable from the Province to the municipality or may be recovered by action in any court of competent jurisdiction.
No action shall be taken under subsection (1) until reasonable notice has been given to the municipality and to the board where a board has been established by a municipality and the municipality and the board where a board has been established have both been given reasonable time to answer the allegation.
Where an area has been designated under subsection 3(3) and the person who is required to enter into an agreement fails to enter into such agreement, or where, in the opinion of the Lieutenant-Governor in Council, an agreement entered into fails to provide adequate police services to the area, the Lieutenant-Governor in Council, after obtaining the advice of the Commission, may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within that area, and the cost of providing such police services is a debt owed to the Crown in right of the Province that shall be charged to the person and may be recovered from the person by action in any court of competent jurisdiction.
2021, c.25, s.12021, c.25, s.1
There is established a fund called the Municipal Police Assistance Fund.
The Minister shall be the custodian of the Fund and the Fund shall be held in trust by the Minister.
The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.
All interest arising from the Fund shall be paid into and form part of the Fund.
The Fund may receive direct contributions.
When the contributions are made by individuals, partnerships or corporations under subsection (5), the contributions shall be deemed to be gifts to the Crown in right of the Province.
Subsection (6) does not apply to contributions made by a department or agency of the Government of New Brunswick or of Canada or a provincial or federal Crown corporation.
The Fund shall be credited with the following amounts:
(a) an amount that represents 25% of the revenue from a payment in respect of an offence under an Act of the Legislature or a regulation made under an Act of the Legislature or under the Criminal Code (Canada);
(b) gifts and legacies paid into the Fund; and
(c) any other money received by the Fund.
Money received that is subject to trust conditions shall be disbursed in accordance with those conditions.
The following persons and entities may apply to the Minister for a grant from the Fund:
(a) a chief of police;
(b) the New Brunswick Association of Chiefs of Police;
(c) a municipality that has entered into an agreement to be policed by the Royal Canadian Mounted Police; and
(d) the Department of Justice and Public Safety acting on behalf of the police forces and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities.
Subject to any trust conditions, the Minister may authorize expenditures from the Fund for
(a) a project that would benefit all of the police forces and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities,
(b) a project, not funded by other sources, to meet special policing needs and that would
(i) enhance the quality of policing in the Province, or
(ii) develop expertise in specific policing techniques, or
(c) any other purpose that the Minister considers necessary to enhance the quality of policing in the Province.
The Minister may at any time seek the advice and recommendations from a person, organization or body with respect to payments out of the Fund for any of the purposes set out in subsection (11).
The fiscal year of the Fund shall be the 12-month period ending on March 31 in any year.
Each year, the Minister shall prepare a report on the Fund and provide the report to the New Brunswick Association of Chiefs of Police.
Repealed: 2000, c.38, s.4 1997, c.60, s.5; 2000, c.38, s.4
Repealed: 2000, c.38, s.5 1997, c.60, s.5; 2000, c.38, s.5
Repealed: 2000, c.38, s.6 1997, c.60, s.5; 2000, c.38, s.6
Repealed: 2000, c.38, s.7 1997, c.60, s.5; 2000, c.38, s.7
Repealed: 2000, c.38, s.8 1997, c.60, s.5; 2000, c.38, s.8
Repealed: 2000, c.38, s.9 1997, c.60, s.5; 2000, c.38, s.9
2021, c.25, s.11984, c.54, s.2; 1990, c.61, s.110; 2005, c.21, s.5; 2021, c.25, s.1
The Minister may authorize a member of a police force or a member of the Royal Canadian Mounted Police to conduct an investigation of an alleged offence
(a) on the request of a board or a joint board, or a council if a board or a joint board has not been established, a chief of police or the Commanding Officer of the Royal Canadian Mounted Police, or
(b) if the Minister considers it appropriate in the interest of the administration of justice.
If a member is authorized to conduct an investigation under subsection (1), the Minister shall notify in writing the board, council, police chief or Commanding Officer concerned, as the case may be.
Where a notification is given under subsection (1.1), each member of the police force or the Royal Canadian Mounted Police shall
(a) give to the Minister, or any person authorized by the Minister to investigate the alleged offence, all possible assistance and information,
(b) carry out and obey the orders of the Minister or any person authorized by the Minister to investigate, and
(c) deliver to the Minister, or to any person authorized by the Minister to investigate, possession of all files, documents and physical objects relating to the investigation that are in the possession of the member.
A person who violates or fails to comply with this section commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6; 2011, c.6, s.1; 2017, c.20, s.137; 2021, c.25, s.1
A rural community or regional municipality shall not pass a resolution under subsection (1) unless it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
The board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
The Board shall select a chair from among its members.
An appointment to a board shall be for a term not exceeding four years.
If a member ceases to be a mayor or a councillor or ceases to maintain the member’s ordinary residence within the municipality for which the member was appointed, the board shall declare the position to be vacant and a new appointment shall be made, as the case may be, in accordance with subsection (4).
A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
A vacancy on the board shall not affect its power to act.
Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
If a member of a board is unable to carry out the duties of the member by reason of the member’s illness, absence or suspension, the Minister, in the case of a member appointed by the Minister, or the mayor of the municipality, in the case of a member appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the member’s illness, absence or suspension.
A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the council, if the mayor has designated the member or the council has appointed the member.
The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of the duties of the member.
A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
2021, c.25, s.11981, c.59, s.6; 1997, c.60, s.6; 2000, c.38, s.10
Where a board has been appointed by a municipality prior to the execution of an agreement referred to in section 4, 17.01 or 17.1, upon the execution of the agreement the board of such municipality ceases to exist and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
1997, c.55, s.5
Repealed: 1997, c.55, s.5
A majority of the members of the board constitutes a quorum.
A meeting of the board shall be open to the public except where, in the opinion of the board, it is not in the public interest.
1981, c.59, s.7; 1984, c.54, s.3; 1987, c.41, s.4; 1991, c.26, s.4; 1997, c.55, s.6
Where a board has been established for a municipality, the board, subject to its budget,
(a) shall appoint a chief of police,
(b) shall provide the police force with such accommodation, arms, equipment, clothing and other items as the board considers necessary, and
(c) shall appoint police officers to the police force from candidates recommended by the chief of police pursuant to paragraph (2)(a) or may by resolution authorize the chief of police to appoint police officers.
The chief of police, on behalf of the board,
(a) shall recommend to the board candidates for appointment as police officers, or, where authorized by the board, may appoint police officers, and
(b) may employ for the police force such employees as the board considers adequate.
Repealed: 1997, c.55, s.6
In each year on a date specified by the council the board shall submit to the council for its consideration its proposed budget, being an estimate of the money required for the next succeeding fiscal year to
(a) provide remuneration for the members and persons employed to serve the police force,
(b) provide and pay for the accommodation, arms, equipment, clothing and all other expenses for the use and maintenance of the police force, and
(c) provide for the expenses of the board, other than remuneration of board members.
1981, c.59, s.8; 1984, c.54, s.4; 1987, c.41, s.5; 1991, c.26, s.5; 1997, c.55, s.7; 1997, c.60, s.7; 2000, c.38, s.11; 2021, c.25, s.1
(a) shall appoint a chief of police,
(b) shall provide the force with such accommodation, arms, equipment, clothing and other items as the council considers necessary, and
(c) shall appoint police officers to the police force from candidates recommended by the chief of police pursuant to paragraph (2)(a) or may by resolution authorize the chief of police to appoint police officers.
The chief of police, on behalf of the municipality,
(a) shall recommend to the council candidates for appointment as police officers, or, where authorized by the council, may appoint police officers, and
(b) may employ for the police force such employees as the council considers adequate.
Repealed: 1997, c.55, s.7
Where a municipality has entered into an agreement under paragraph 4(c) for employment of the police force of another municipality as its police force, the chief of police and each police officer of that force shall, for the purposes of this Act, be deemed to have been appointed for the first mentioned municipality as well as for the municipality that the chief of police or the police officer was appointed to serve.
Where the municipality acquiring the police force had a police force immediately prior to the execution of the agreement referred to in subsection (4), the police force of that municipality ceases to exist on the execution of that agreement.
The members of the police force which ceases to exist pursuant to subsection (5) shall be considered for appointment by the municipality with which the agreement was entered, where it becomes necessary by reason of that agreement for that municipality to expand its police force, and if so appointed, recognition may be given to the years of service of the member in determining the member’s pay and fringe benefits.
A council may make by-laws or resolutions consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each by-law or resolution with the Commission.
Any by-law or resolution made under subsection (7) may be inspected at and a copy obtained from the office of the clerk of the municipality or of the Commission.
1981, c.59, s.9; 1984, c.54, s.5; 1986, c.8, s.100; 1987, c.N-5.2, s.25; 1987, c.41, s.6; 1988, c.67, s.8; 1991, c.26, s.6; 2000, c.26, s.241; 2005, c.21, s.7; 2008, c.6, s.35; 2016, c.37, s.142; 2019, c.2, s.108; 2021, c.25, s.1
A police officer shall perform the following duties throughout the Province:
(a) maintain law and order;
(b) prevent the commission of offences;
(c) enforce penal provisions;
(d) escort and convey persons in custody to or from a court or other place;
(e) serve and execute, or assist in serving and executing, court process in respect of offences;
(f) maintain order in the courts;
(g) assist in taking children into the protective care of the Minister of Social Development and enforce court orders issued in family proceedings when the safety or security of a child or other person is at risk; and
(h) assist in the enforcement of a court order on the request of the Minister.
A police officer may perform all other duties and services that may lawfully be performed by the police officer.
Repealed: 1987, c.41, s.6
A member of the Royal Canadian Mounted Police or a police officer appointed for a municipality or region who is investigating an alleged offence or otherwise discharging the responsibilities of the member or officer in a municipality or region policed by another police force shall notify, as soon as the circumstances permit, the police force responsible for policing that municipality or region as to the purpose of the discharge of the responsibilities.
Every chief of police shall prepare and submit to the Minister on or before the thirty-first day of January of each year a report setting out
(a) the number of times in the preceding year a notification was received under subsection (2) and the purpose for the discharge of the member’s responsibilities in that municipality or region, and
(b) the number of times in the preceding year a member of the police force of which the chief of police is head has discharged the member’s responsibilities in a municipality or region policed by another police force and the purpose for the discharge of the member’s responsibilities in that municipality or region.
No member of a police force shall relinquish, transfer or delegate to a person other than a member of a police force or of the Royal Canadian Mounted Police the doing of any thing that is the member’s responsibility under this Act.
1981, c.59, s.10; 1984, c.54, s.6; 1987, c.41, s.7; 1988, c.64, s.10; 1996, c.18, s.5; 1997, c.55, s.8; 2021, c.25, s.1
A board or a joint board, or a council if a board or a joint board has not been established, may appoint to the police force auxiliary police officers but shall not appoint auxiliary police officers to perform on a regular basis the work that would otherwise be performed by a police officer appointed under section 10, 11 or 17.3.
The Minister may, on the recommendation of the officer commanding “J” Division of the Royal Canadian Mounted Police, appoint persons as auxiliary police constables to assist the Royal Canadian Mounted Police in the performance of the duties referred to in section 2.
An auxiliary police officer
(a) is charged with the responsibilities set out in subsection 12(1) and has the powers, authority, privileges, rights and immunities of a peace officer only when accompanied by and under the supervision of
(i) a police officer, other than an auxiliary police officer, or
(ii) a member of the Royal Canadian Mounted Police, and
(b) shall act only when accompanied by and under the supervision of
(i) a police officer, other than an auxiliary police officer, or
(ii) a member of the Royal Canadian Mounted Police.
An auxiliary police constable
(a) has the powers, authority, privileges, rights and immunities of a peace officer only when accompanied by and under the supervision of
(i) a police officer, other than an auxiliary police officer, or
(ii) a member of the Royal Canadian Mounted Police, and
(b) shall act only when accompanied by and under the supervision of
(i) a police officer, other than an auxiliary police officer, or
(ii) a member of the Royal Canadian Mounted Police.
Repealed: 1987, c.41, s.7
2021, c.25, s.12021, c.25, s.1
For the purposes of this section, a “court liaison officer” means a person who performs an administrative function to support police officers or members of the Royal Canadian Mounted Police in their work with the courts, including swearing to an information before a judge of the provincial court.
A police force may appoint an employee of the police force, other than a police officer, as a court liaison officer.
A court liaison officer has the powers and immunities of a police officer only for the purpose of performing their function as a court liaison officer.
2017, c.20, s.137; 2021, c.25, s.1
Repealed: 2017, c.20, s.137
Repealed: 2017, c.20, s.137
Within the territorial boundaries of the municipality for which a by-law enforcement officer is appointed, the by-law enforcement officer has the powers and immunities of a police officer for the purposes of enforcing the by-laws of the municipality for which the by-law enforcement officer is appointed as are stipulated in the appointment, but has in no other regard the powers or immunities of a police officer.
1994, c.97, s.1; 2021, c.25, s.1
The Minister may appoint persons as special constables.
The appointment of a special constable shall
(a) be in writing, and
(b) specify
(i) the responsibilities and powers of the special constable, and
(ii) the territorial jurisdiction of the special constable.
No person shall be appointed as a special constable who does not satisfy qualifications as to training, experience and other qualifications established by the employer of the special constable and approved by the Minister.
The employer of a special constable is responsible for
(a) the discipline of the special constable, and
(b) ensuring that the special constable discharges the responsibilities and exercises the powers of a special constable in a proper manner.
The employer of a special constable is liable for the actions of the special constable while the special constable is discharging the responsibilities or exercising the powers of a special constable.
A special constable is, while discharging the responsibilities and exercising the powers of a special constable, a peace officer.
A special constable who is discharging the responsibilities or exercising the powers of a special constable in respect of the Criminal Code (Canada) in a particular municipality, region or area shall, as soon as the circumstances permit, notify the police force or the Royal Canadian Mounted Police, as the case may be, responsible for policing that municipality, region or area as to the purpose of the discharge of those responsibilities or the exercise of those powers in that municipality, region or area.
No person shall be appointed as a member of a police force who 1981, c.59, s.11; 1991, c.26, s.7
(a) does not satisfy qualifications as to training, experience and other qualifications established by or in accordance with the regulations, and
(b) does not subscribe to an oath of office prescribed by regulation before a judge of the Provincial Court.
1981, c.59, s.12; 1984, c.54, s.7; 1987, c.N-5.2, s.25
A person whose appointment as a member of a police force does not conform to the requirements of
(a) paragraph 10(1)(c), 10(2)(a), 11(1)(c), 11(2)(a), 17.3(1)(c) or 17.3(2)(a), and
(b) section 15,
Subsection (1) does not apply to a person who was appointed as a police officer prior to the coming into force of that subsection.
Persons who were members of a police force or were employed to serve a police force immediately prior to the coming into force of this Act shall be deemed, for the purposes of this Act, to have been appointed or employed under this Act.
Where, after the coming into force of this Act, a board is appointed, persons who were members of a police force or were employed to serve a police force immediately prior to the appointment of the board are deemed to have been appointed or employed under section 10.
1981, c.59, s.13; 1997, c.55, s.9; 2021, c.25, s.1
A municipality is liable in respect of a tort committed by a member of the police force in the performance or purported performance of the member’s duties under section 12 in the same manner as an employer is liable in respect of a tort committed by the employer’s employee in the course of employment if
(a) a municipality is maintaining a police force,
(b) a municipality is contracting under paragraph 4(c) for the services of a municipal police force, and
(c) a municipality has established a board under section 7.
In the cases and to the extent that it sees fit, a municipality may pay
(a) damages or costs awarded against a member of a police force in a civil proceeding in respect of a tort committed by the member in the performance or purported performance of the member’s duties under section 12,
(b) costs incurred and not recovered by the member in such proceedings, and
(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
This section does not apply in respect of an act of a member of a police force occurring before this section comes into force.
1997, c.60, s.8; 2021, c.25, s.1
Any municipality may, with the written consent of the Minister, be a party to an agreement whereby a regional policing authority is established for the purposes of section 17.02.
An agreement whereby a regional policing authority is established shall make provision for
(a) administration and bookkeeping;
(b) defining the boundaries of the region to be policed under the agreement, which may include two or more municipalities and areas outside the limits of a municipality;
(c) the composition of the regional policing authority which shall consist of
(i) one or more members representing each municipality that is a party to the agreement, at least one of whom shall be a mayor or a councillor and all of whom shall ordinarily reside in the municipality, and
(ii) one or more persons ordinarily residing in the region appointed by the Minister;
(d) subject to subsection 17.05(4), the appointment of members of the regional policing authority referred to in subparagraph (2)(c)(i);
(e) funding the regional policing authority and the provision of policing by the Royal Canadian Mounted Police, including
(i) the determination of the contribution each party will pay,
(ii) an interim budget, if required,
(iii) a method of approving budgets proposed by the regional policing authority,
(iv) a method of dealing with surplus funds,
(v) a method of dealing with a deficit,
(vi) a method of sharing the debts and other liabilities of the regional policing authority, and
(vii) a method of paying funds to the regional policing authority by the parties to the agreement;
(f) a means of addressing the accommodation, equipment and support staff requirements of the Royal Canadian Mounted Police;
(g) the acquisition, valuation and disposal of property;
(h) selecting a chairperson of the regional policing authority;
(i) determining the time and location of meetings of the regional policing authority;
(j) establishing a quorum for meetings of the regional policing authority;
(k) fixing a date for the initial provision of police services under the agreement;
(l) any other matter the Minister requires.
The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.
1997, c.60, s.8; 2000, c.38, s.12
The regional policing authority may enter into an arrangement or agreement with the Government of Canada for the policing of the municipalities within the region by the Royal Canadian Mounted Police, including the taking over of the police forces by the Royal Canadian Mounted Police.
Where a regional policing authority enters into an arrangement or agreement under subsection (1),
(b) all appointments of members of that police force are revoked on the date the arrangement or agreement under subsection (1) is entered into.
Where an agreement is entered into under subsection (1), a regional policing authority shall so notify in writing the trade union representing members of a police force or persons employed to serve a police force or persons employed to serve the Royal Canadian Mounted Police, as the case may be.
For the purposes of subsection (1), a regional policing authority shall be deemed to be a municipality.
2021, c.25, s.11997, c.60, s.8; 2000, c.38, s.13
A person employed by a municipality to serve a police force or to serve the Royal Canadian Mounted Police pursuant to an agreement under paragraph 4(b) whose employment is terminated or whose position is eliminated as a result of an arrangement or agreement under section 17.02 shall be considered for employment by the municipalities that are parties to the agreement under section 17.01 if persons are to be employed to serve the Royal Canadian Mounted Police and if so employed, recognition may be given for the years of service of that person in determining pay and fringe benefits.
Repealed: 2000, c.38, s.13
Repealed: 2000, c.38, s.14 1997, c.60, s.8; 2000, c.38, s.14
1997, c.60, s.8; 1998, c.41, s.95; 2000, c.26, s.241; 2006, c.16, s.137; 2011, c.6, s.2; 2012, c.39, s.112; 2017, c.20, s.137; 2020, c.25, s.85; 2021, c.25, s.1; 2023, c.40, s.27
The parties to an agreement under section 17.01 establishing a regional policing authority shall budget the necessary money in accordance with the agreement to provide adequate police service within the region.
A regional policing authority shall provide
(a) to the parties to the agreement under section 17.01, at intervals set by the agreement or on the request of one of the parties to the agreement after reasonable notice, or
(b) to the Minister of Local Government on request after reasonable notice,
A regional policing authority shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor and the provisions of section 79 of the Local Governance Act respecting audits apply with the necessary modifications to a regional policing authority and an auditor appointed by a regional policing authority.
An appointment to a regional policing authority shall be for a term not exceeding four years.
If a member ceases to be a mayor or a councillor or ceases to maintain the member’s ordinary residence within the municipality for which the member was appointed, the regional policing authority shall declare the position to be vacant and a new appointment shall be made, as the case may be.
A member of a regional policing authority may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
A vacancy on a regional policing authority shall not affect its power to act.
Where a member of a regional policing authority is unable to carry out the duties of a member by reason of illness or absence of the member, the Minister, in the case of a person appointed by the Minister, or the mayor of the municipality in the case of a person appointed to represent the municipality, may designate another person to act as a member of the regional policing authority during the illness or absence of the member.
A member of a regional policing authority may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is a mayor or councillor, or
(b) by the civic authority which the member represents.
A regional policing authority may provide a reasonable remuneration for members of the regional policing authority who are not members of a council and may provide for the payment of an allowance to members of the regional policing authority who are members of a council.
A regional policing authority, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the regional policing authority is established are liable jointly and severally for the debts of the regional policing authority arising out of any matter coming within the scope of this Act.
Notwithstanding the provisions of this Act relating to the budget of a regional policing authority, a regional policing authority may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.
A member of a regional policing authority shall not be personally liable for acts performed in good faith in the performance or intended performance of the member’s duties.
A regional policing authority may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Minister.
Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the regional policing authority or of the Minister.
A meeting of a regional policing authority shall be open to the public except where, in the opinion of the regional policing authority, it is not in the public interest.
1997, c.60, s.8; 1998, c.41, s.95; 2000, c.26, s.241; 2006, c.16, s.137; 2012, c.39, s.112; 2020, c.25, s.85; 2023, c.40, s.27
Each year a regional policing authority shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year for the provision of police services within the region and the expenses of the regional policing authority.
The proposed budget shall be forwarded to the parties to the agreement forming the regional policing authority for approval pursuant to the agreement.
Each year by the 15th day of November, a regional policing authority shall submit to the Minister of Local Government for the Minister’s approval the budget as approved by the parties to the agreement.
Where the parties to the agreement do not approve the proposed budget, the Minister of Local Government may fix a final budget for a regional policing authority.
2021, c.25, s.11997, c.60, s.8; 2021, c.25, s.1
On the recommendation of the Commission, the Lieutenant-Governor in Council may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within a region if the Lieutenant-Governor in Council determines that
(a) a regional policing authority is not discharging its obligations pursuant to an agreement, or
(b) the police services provided within a region are inadequate for any reason.
The cost of providing police services under subsection (1) is a debt owed to the Crown in right of the Province that shall be charged to the parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.
No action shall be taken under subsection (1) until reasonable notice has been given to the regional policing authority and the regional policing authority has been given reasonable time to answer the allegation.
1981, c.59, s.14; 1997, c.60, s.9; 2000, c.38, s.15; 2005, c.21, s.8; 2021, c.25, s.1
Any municipality may, with the written consent of the Minister, be a party to an agreement for the policing of a region.
The agreement shall make provision for
(a) the establishment of a board of police commissioners for the region;
(b) administration and bookkeeping;
(c) defining the boundaries of the region to be policed under the agreement, which may include areas outside the limits of any municipality that is a party to the agreement;
(d) the composition of the joint board, which shall consist of
(i) one or more members representing each municipality that is a party to the agreement, at least one of whom shall be a mayor or a councillor and all of whom shall ordinarily reside in the municipality,
(ii) one or more persons ordinarily residing in the region appointed by the Minister,
(iii) the chief of police, ex officio, who shall be a non-voting member;
(e) subject to subsection 17.2(5), the appointment of members of the joint board referred to in subparagraph (2)(d)(i);
(f) funding the joint board and the police force for the region, including
(i) the determination of the contribution each party will pay,
(ii) an interim budget, if required,
(iii) a method of approving budgets proposed by the joint board,
(iv) a method of dealing with surplus funds,
(v) a method of dealing with a deficit,
(vi) a method of sharing the debts and other liabilities of the joint board,
(vii) a method of paying funds to the joint board by the parties to the agreement;
(g) the acquisition and disposal of property;
(h) selecting a chair of the joint board;
(i) determining the time and location of meetings of the joint board;
(j) establishing a quorum for meetings of the joint board;
(k) fixing a date for the initial provision of police services under the agreement;
(l) the protection of existing pension and other rights and benefits of persons employed to serve police forces of municipalities that are parties to the agreement who, by virtue of this Act, will become members or persons employed to serve a police force for the region; and in any case of conflict the provisions of any such agreement shall prevail over the provisions of any Act, regulation or agreement relating to such rights or benefits that is in existence at the time the agreement under this section is entered into;
(m) any other matter the Minister requires.
The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.
1981, c.59, s.14; 1984, c.54, s.8; 1985, c.63, s.2; 1986, c.8, s.100; 1989, c.55, s.43; 1992, c.2, s.50; 1997, c.55, s.10; 1997, c.60, s.10; 1998, c.41, s.95; 2000, c.26, s.241; 2006, c.16, s.137; 2011, c.6, s.3; 2012, c.39, s.112; 2017, c.20, s.137; 2020, c.25, s.85; 2021, c.25, s.1; 2023, c.40, s.27
Where a joint board is established, the joint board shall provide and maintain an adequate police force within the region defined in the agreement.
The parties to an agreement establishing a joint board shall budget the necessary money in accordance with the agreement to enable the joint board to provide and maintain an adequate police force.
The joint board shall provide
(a) to the parties to the agreement, at intervals set by the agreement or on the request of one of the parties to the agreement after reasonable notice, or
(b) to the Minister of Local Government on request after reasonable notice,
A joint board shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor; and the provisions of section 79 of the Local Governance Act respecting audits apply with the necessary modifications to a joint board and an auditor appointed by a joint board.
An appointment to a joint board shall be for a term not exceeding four years.
If a member ceases to be a mayor or a councillor or ceases to maintain the person’s ordinary residence within the municipality or region for which the person was appointed, the joint board shall declare the position to be vacant and a new appointment shall be made, as the case may be.
A member of a joint board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
A vacancy on a joint board shall not affect its power to act.
If a member of a joint board is unable to carry out the duties of the member by reason of the member’s illness, absence or suspension, the Minister, in the case of a member appointed by the Minister, or the mayor of the municipality, in the case of a member appointed to represent the municipality, may designate another person to act as a member of the joint board during the member’s illness, absence or suspension.
A member of a joint board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is a mayor or councillor, or
(b) by the civic authority which the member represents.
The joint board shall provide a reasonable remuneration for members of the joint board who are not members of a council and may provide for the payment of an allowance to members of the joint board who are members of a council but no remuneration or allowance shall be made to the chief of police as an ex officio member of the joint board.
A joint board, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the joint board is established are liable jointly and severally for the debts of the joint board arising out of any matter coming within the scope of this Act.
Notwithstanding the provisions of this Act relating to the budgets of joint boards, a joint board may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.
A member of a joint board shall not be personally liable for acts performed in good faith in the performance or intended performance of the member’s duties.
A joint board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Commission.
Any rule made under subsection (12) may be inspected at and a copy obtained from the office of the joint board or of the Commission.
A meeting of the joint board shall be open to the public except where, in the opinion of the joint board, it is not in the public interest.
1981, c.59, s.14; 1984, c.54, s.9; 1987, c.41, s.8; 1991, c.26, s.8; 1997, c.55, s.11; 1997, c.60, s.11; 2000, c.38, s.16
Where a joint board has been established for a region, the joint board, subject to its budget,
(a) shall appoint a chief of police,
(b) shall provide the police force with such accommodation, arms, equipment, clothing and other items as the joint board considers necessary, and
(c) shall appoint police officers to the police force from candidates recommended by the chief of police pursuant to paragraph (2)(a) or may by resolution authorize the chief of police to appoint police officers.
The chief of police on behalf of the joint board
(a) shall recommend to the joint board candidates for appointment as police officers, or, where authorized by the joint board, may appoint police officers, and
(b) may employ for the police force such employees as the joint board considers adequate.
Repealed: 1997, c.55, s.11
Where a police force for a region is established, persons who, immediately prior to the establishment of the police force, were
(a) members of a police force, or
(b) employed to serve a police force,
(c) members of the police force for the region and appointed as police officers under this Act, or
(d) employed to serve the police force for the region.
Repealed: 2000, c.38, s.16
1981, c.59, s.14; 1986, c.8, s.100; 1989, c.55, s.43; 1992, c.2, s.50; 1998, c.41, s.95; 2000, c.26, s.241; 2006, c.16, s.137; 2012, c.39, s.112; 2020, c.25, s.85; 2021, c.25, s.1; 2023, c.40, s.27
Each year the joint board shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year to provide remuneration for the members and employees of the police force and to provide for the accommodation, arms, equipment, clothing and all other expenses for the use and maintenance of the police force and the joint board.
The proposed budget shall be forwarded to the parties to the agreement forming the joint board for approval pursuant to the agreement.
Each year by the 15th day of November, the joint board shall submit to the Minister of Local Government for the Minister’s approval the budget as approved by the parties to the agreement.
Where the parties to the agreement do not approve the proposed budget the Minister of Local Government may fix a final budget for the joint board.
1981, c.59, s.14; 1997, c.60, s.12; 2000, c.38, s.17
The joint board shall be deemed to be the employer of the members and employees of the police force in matters relating to labour relations.
Where, pursuant to subsection 17.3(4) and subsection (1), the joint board becomes the successor employer of a person who was formerly an employee of a municipality that is party to an agreement under which the joint board is established, or of any board formerly acting for such municipality, section 60 of the Industrial Relations Act applies mutatis mutandis.
Where the members and employees of the police forces of two or more municipalities become the employees of a joint board pursuant to this section and subsection 17.3(4), subsection 60(11) of the Industrial Relations Act applies mutatis mutandis.
Repealed: 2000, c.38, s.17
1981, c.59, s.14; 2021, c.25, s.1
A joint board is liable in respect of a tort committed by a member of the police force in the performance or purported performance of the member’s duties under section 12 in the same manner as an employer is liable in respect of a tort committed by the employer’s employee in the course of employment.
In the cases and to the extent that it sees fit, a joint board may pay
(a) damages or costs awarded against a member of a police force in a civil proceeding in respect of a tort committed by the member in the performance or purported performance of the member’s duties under section 12,
(b) costs incurred and not recovered by the member in such proceedings, and
(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
2021, c.25, s.11981, c.59, s.14; 1988, c.64, s.10; 2005, c.21, s.9; 2021, c.25, s.1
On the recommendation of the Commission, the Lieutenant-Governor in Council may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within a region if the Lieutenant-Governor in Council determines that
(a) a joint board is not discharging its obligations pursuant to an agreement, or
(b) the police services provided within a region are inadequate for any reason.
The cost of providing police services under subsection (1) is a debt owed to the Crown in right of the Province that shall be charged to the parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.
No action shall be taken under subsection (1) until reasonable notice has been given to the joint board and the joint board has been given reasonable time to answer the allegation.
Repealed: 1987, c.N-5.2, s.25 1981, c.59, s.14; 1984, c.C-5.1, s.52; 1984, c.54, s.10; 1987, c.N-5.2, s.25; 1987, c.41, s.9
Repealed: 1987, c.N-5.2, s.25 1981, c.59, s.14; 1984, c.54, s.11; 1985, c.21, s.1; 1987, c.N-5.2, s.25; 1987, c.41, s.10
2005, c.21, s.102005, c.21, s.10
Notwithstanding any other remedial measure that may be imposed, a police officer shall not be dismissed or demoted for unsatisfactory work performance except in accordance with the provisions of this Part.
Notwithstanding any other remedial measure that may be imposed, a chief of police shall not be dismissed for just cause except in accordance with the provisions of this Part.
2005, c.21, s.102005, c.21, s.10
A chief of police may recommend to an arbitrator the dismissal or demotion of a police officer for unsatisfactory work performance.
A civic authority may recommend to an arbitrator the dismissal of a chief of police for just cause.
Notwithstanding subsection (2), the contract of employment of a chief of police may be rescinded on any terms or conditions agreed to by the chief of police and civic authority.
2005, c.21, s.102005, c.21, s.10
If a chief of police wishes to recommend to an arbitrator the dismissal or demotion of a police officer for unsatisfactory work performance, the chief of police shall serve a notice of arbitration hearing, which shall contain the recommendation and the reasons for the recommendation, on the police officer.
If a civic authority wishes to recommend to an arbitrator the dismissal of a chief of police for just cause, the civic authority shall serve a notice of arbitration hearing, which shall contain the recommendation and the reasons for the recommendation, on the chief of police.
2005, c.21, s.10The parties to an arbitration hearing are, as the case may be, 2005, c.21, s.10
(a) the police officer recommended for dismissal or demotion by the chief of police under subsection 17.92(1) and the chief of police, or
(b) the chief of police recommended for dismissal by the civic authority under subsection 17.92(2) and the civic authority.
2005, c.21, s.10An arbitrator shall consider whether: 2005, c.21, s.10; 2021, c.25, s.1
(a) the deficiencies of the member of a police force were brought to the member’s attention;
(b) the member of a police force was given a reasonable opportunity to bring their work performance up to an acceptable level or standard;
(c) where it was reasonable to do so, the member of a police force was afforded appropriate treatment, training, guidance, coaching or counselling to assist the member of a police force in reaching an acceptable level or standard of work performance;
(d) where it was reasonable to do so, the chief of police or civic authority, as the case may be, accommodated the needs of the member of a police force, if the member of a police force has a mental or physical disability as defined in the Human Rights Act that requires accommodation; and
(e) where a civic authority recommends the dismissal of a chief of police, there is just cause for the dismissal.
2005, c.21, s.102005, c.21, s.10; 2021, c.25, s.1
Upon completion of the presentation of evidence and representations, the arbitrator shall
(a) accept the recommendation of the chief of police or civic authority and immediately dismiss or demote the member of a police force, or
(b) reject the recommendation of the chief of police or civic authority and shall
(i) not impose a remedial measure, or
(ii) impose any remedial measure the arbitrator considers appropriate.
The arbitrator shall, within fifteen days after the completion of the arbitration hearing, give the parties notice in writing of the arbitrator’s decision.
If the arbitrator makes a decision under subparagraph (1)(b)(i), no entry shall be made in the service record of discipline or personnel file of the member of a police force.
If the arbitrator makes a decision under paragraph (1)(a) or subparagraph (1)(b)(ii), an entry shall be made in the personnel file of the member of a police force.
The decision of the arbitrator is final and binding on the parties.
2005, c.21, s.10If a chief of police or civic authority serves a notice of arbitration hearing under this Part and the arbitrator determines that the act or omission that lead to the arbitration hearing would, if proved, constitute a breach of the code, the arbitrator shall deal with the matter as a matter of discipline under Part III. 2005, c.21, s.10
1979, c.56, s.1; 1987, c.41, s.11; 1988, c.32, s.1; 2005, c.21, s.11; 2021, c.25, s.1
There shall be a New Brunswick Police Commission appointed by the Lieutenant-Governor in Council composed of a chair, a vice-chair and such other members as the Lieutenant-Governor in Council sees fit to appoint, each to be appointed for a term not to exceed ten years.
The Lieutenant-Governor in Council may designate a member of the Commission to serve either as a full-time member or as a part-time member.
If the chair is absent or unable to act or if the office of chair is vacant, the vice-chair shall act as chair and while so acting may exercise the powers and perform the duties of the chair under this Act.
The chair may assign to the vice-chair the powers and duties of the chair under this Act.
Members of the Commission designated as full-time members shall not engage in any business, trade, profession or occupation without prior approval in each particular case by the Lieutenant-Governor in Council.
Members of the Commission designated as full-time members shall be paid an annual salary to be prescribed by the Lieutenant-Governor in Council.
The Lieutenant-Governor in Council may prescribe the remuneration to be paid to part-time members of the Commission and may fix the rate for reimbursement of expenses incurred by members while acting on behalf of the Commission.
A member of the Commission designated to serve as a full-time member is entitled, after having served at least ten years as a full-time member, to receive at age sixty-five a pension and benefits.
Subject to subsection (7), with respect to determining the pension and benefits referred to in subsection (7), sections 15 to 17 of the Provincial Court Act apply mutatis mutandis.
The appointment of the chair or any member of the Commission may be terminated by the Lieutenant-Governor in Council for cause.
Where a member of the Commission is, in the opinion of the Minister, unable to carry out the member’s duties by reason of the member’s illness, absence or suspension, the Minister may designate another person to act during the illness, absence, or suspension of the member and the Lieutenant-Governor in Council may prescribe the remuneration to be paid to such person and may fix the rate for reimbursement of expenses of such person while acting for such member.
There may be appointed in accordance with the Civil Service Act such employees as the Commission considers necessary for the purposes of this Act.
The Commission may delegate in writing any of its powers or duties and may impose on the delegate terms and conditions that it considers appropriate.
2005, c.21, s.12
The Commission shall in each year hold such meetings as it considers necessary, and meetings shall be open to the public unless the commission otherwise directs.
Two members of the Commission constitute a quorum.
The Commission may hold meetings and perform any of its responsibilities anywhere within the Province.
2021, c.25, s.1The Commission may assess whether the Province is discharging its obligation to maintain an adequate level of policing. 1981, c.59, s.15; 1984, c.54, s.12; 1987, c.41, s.12; 1988, c.64, s.10; 1991, c.26, s.10; 2021, c.25, s.1
Repealed: 1991, c.26, s.11 1987, c.41, s.13; 1991, c.26, s.11
1981, c.59, s.16; 1984, c.54, s.13; 1987, c.41, s.14; 1990, c.61, s.110; 2012, c.13, s.3
Repealed: 1987, c.41, s.14
Repealed: 1987, c.41, s.14
Repealed: 1987, c.41, s.14
Repealed: 2012, c.13, s.3
Repealed: 2012, c.13, s.3
Repealed: 2012, c.13, s.3
1984, c.54, s.14; 1990, c.61, s.110; 1991, c.26, s.12; 1996, c.26, s.1; 2005, c.21, s.13; 2021, c.25, s.1
Subject to Part III, where a person has a complaint relating to any aspect of the policing of any area of the Province, the person may state their complaint in writing to the chair of the Commission.
The Commission may refer any complaint received under subsection (1) to a board or a joint board, or a council if a board or a joint board has not been established, or to a chief of police.
Where a board, joint board, council or chief of police receives a referral of a complaint pursuant to subsection (2), the board, joint board, council or chief of police, as the case may be, shall investigate such complaint and shall report to the Commission the results of the investigation, or if the complaint is not investigated, the reason for failure to do so.
At the direction of the Minister, the Commission shall investigate a matter relating to any aspect of the policing of an area of the Province and may conduct such an investigation
(a) on its own motion, with the approval of the Minister,
(b) on the request of a board, joint board or council, or
(c) in response to a complaint.
For the purposes of paragraph (4)(a), the Commission shall make a request to the Minister and the Minister shall advise the Commission of the Minister’s decision with written reasons within 14 days after receiving the request.
The Commission may, where it considers it necessary, conduct a hearing with respect to any matter that is the subject of an investigation under this section.
The Commission may appoint an investigator to conduct an investigation under this section.
An investigator may engage experts to assist the investigator on any matter related to the investigation.
The Commission may, where it considers that there are compelling reasons in the public interest or in the interests of the witness, direct that a witness be examined in private.
Where evidence is taken in private under subsection (6), no person, without the consent of the Commission, shall disclose any evidence so taken or the name of any witness so examined, and a person who violates this subsection commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
The Commission shall file a report of every investigation and hearing under this section with the Minister and shall provide to the Minister access to all files prepared and all exhibits, depositions and other evidence presented or acquired during the course of an investigation or hearing.
Where the Commission undertakes an investigation pursuant to paragraph (4)(a), it may forward a report to the person initiating the investigation or to any other person the Commission considers desirable, upon the conclusion of the investigation and hearing, if any.
Where the Commission undertakes an investigation pursuant to paragraph (4)(b), it shall file a report with the board, joint board or council, as the case may be, upon the conclusion of the investigation and a hearing, if any.
Where in the opinion of the Commission there are exceptional circumstances concerning public interest or in the interest of an individual, a hearing or any portion thereof under this section may be held in private.
2005, c.21, s.14; 2021, c.25, s.12005, c.21, s.14; 2021, c.25, s.1
The Commission may maintain, for as long as the Commission determines necessary, a repository of corrective and disciplinary measures.
The Commission may disclose records from the repository for the purposes of achieving consistency in corrective and disciplinary measures.
Any record from the repository shall not disclose the name of or any identifying information about the member of a police force.
The Commission shall file with the Minister reports concerning the records from the repository that the Minister from time to time requests.
Repealed: 1991, c.26, s.13 1991, c.26, s.13
1998, c.42, s.2; 2021, c.25, s.1
Each year, the Commission shall file with the Minister an annual report respecting the work of the Commission during the preceding fiscal year which may include any aspect of policing in the Province.
The Commission shall file with the Minister such other reports as it considers necessary or that the Minister from time to time requests.
The annual report filed by the Commission shall be laid by the Minister before the Legislative Assembly if it is then sitting, or, if not, at the next ensuing sitting.
2021, c.46, s.2The following definitions apply in this Part. 2021, c.46, s.2
“chief officer” means a chief of police or the Commanding Officer of the “J” Division of the Royal Canadian Mounted Police.(agent en chef)
“disciplinary authority” means a person or entity who, at the time of a serious incident, has the power to deal with disciplinary matters relating to the subject officer. (autorité disciplinaire)
“intimate partner violence” means intimate partner violence as defined in the Intimate Partner Violence Intervention Act. (violence entre partenaires intimes)
“investigative body” means an entity that has the power to investigate a serious incident and includes the head of the investigative body, investigators and other employees of the investigative body.(organisme d’enquête)
“officer” means a member of a police force or a member of the Royal Canadian Mounted Police. (agent)
“police agency” means a police force or the “J” Division of the Royal Canadian Mounted Police. (service de police)
“serious incident” means any death, serious injury, sexual assault or act of intimate partner violence that may have resulted from the actions of a subject officer or any other matter involving a subject officer that is determined to be in the public interest to be investigated.(incident grave)
“subject officer” means any of the following persons who is the subject of an investigation of a serious incident or whose actions may have resulted in a serious incident: (agent impliqué)
(a) an officer;
(b) an auxiliary police constable; or
(c) an appointee as defined in the Cross-Border Policing Act.
2021, c.46, s.22021, c.46, s.2
The Minister may enter into an agreement with any of the following persons or entities for the purpose of ensuring that an investigative body conducts investigations of serious incidents:
(a) the Government of Canada or any of its agencies;
(b) the government of another province or territory of Canada or an agency of that government;
(c) any police force, municipality, person or other entity in another province or territory of Canada; and
(d) any civic authority, regional policing authority, police force, person or other entity in the Province.
The Minister may enter into an agreement with any of the following persons or entities to provide assistance to the investigative body in conducting investigations of serious incidents:
(a) the Government of Canada or any of its agencies;
(b) the government of another province or territory of Canada or an agency of that government;
(c) any police force, municipality, person or other entity in another province or territory of Canada; and
(d) any civic authority, regional policing authority, police force, person or other entity in the Province.
2021, c.46, s.22021, c.46, s.2
The Minister may direct that a chief officer make available officers or other resources to assist in an investigation of a serious incident, in which case the chief officer shall select officers for that purpose and notify the head of the investigative body.
On consultation with the chief officer, the head of the investigative body may assign officers selected under subsection (1) to the investigation and, after they are assigned, they are under the sole command and direction of,
(a) with respect to an investigation conducted under paragraph 24.6(a), the head of the investigative body, and
(b) with respect to an investigation referred to a police agency and conducted by the police agency under paragraph 24.6(b), the officer in charge of the investigation.
If the officer assigned by the head of the investigative body under this section is a member of the same police agency as the subject officer, the officer shall not act as a team commander or lead investigator in the investigation.
2021, c.46, s.2 In carrying out an investigation of a serious incident, the head of the investigative body and any investigator who is not an officer has all the powers, authority, privileges, rights and immunities of a peace officer and constable in and for the Province. 2021, c.46, s.2
2021, c.46, s.22021, c.46, s.2
A chief officer who has reason to believe that a serious incident may have occurred shall, as soon as the circumstances permit, notify the head of the investigative body and shall submit to the head of the investigative body a notification report, in the form and manner determined by the head of the investigative body within the time prescribed by regulation.
If the Minister has reason to believe that a serious incident may have occurred, the Minister may notify the head of the investigative body.
Any other person who has reason to believe that a serious incident may have occurred may notify the head of the investigative body in the manner required by the head of the investigative body.
2021, c.46, s.2On notification of a serious incident under section 24.5 or otherwise becoming aware that a serious incident has occurred, the head of the investigative body may 2021, c.46, s.2
(a) arrange for the investigative body to conduct an investigation of the serious incident, which may include taking over an ongoing investigation at any stage,
(b) refer the investigation of the serious incident to a police agency, which may include taking over an ongoing investigation at any stage,
(c) on consultation with the relevant chief officer, assign any officer selected under subsection 24.3(1) to assist the investigative body or a police agency in the investigation of the serious incident,
(d) enter into an agreement to have an investigative unit, police force, person or other entity in another province or territory of Canada conduct an investigation of the serious incident,
(f) appoint an observer or community liaison officer to work with the investigative body, police agency or investigative unit, police force, person or other entity in another province or territory of Canada that conducts the investigation of the serious incident,
(g) file a conduct complaint with the chair of the Commission or with the appropriate chief of police or deputy chief of police,
(h) refer the matter under the complaints process in Part 7 of the Royal Canadian Mounted Police Act (Canada), or
(i) determine that the matter is not within the mandate of the investigative body.
2021, c.46, s.22021, c.46, s.2
2021, c.46, s.22021, c.46, s.2
The head of the investigative body or the Minister shall make the summary of the investigation available to the public in the manner determined by the Minister within the time prescribed by regulation.
2021, c.46, s.2The Minister shall ensure that an annual report containing the following information is made available to the public in the manner determined by the Minister: 2021, c. 15, s. 2; 2021, c.46, s.2
(a) the number of investigations started and concluded in the year;
(b) the nature of each investigation;
(c) the result of each investigation;
(d) the number of charges laid against subject officers in the year;
(e) any financial or administrative information that the Minister considers appropriate; and
(f) any other information prescribed by regulation.
2005, c.21, s.151981, c.59, s.17; 1986, c.64, s.5; 1988, c.67, s.8; 2005, c.21, s.15; 2021, c.25, s.1
A person shall file a service or policy complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.
A person shall file a conduct complaint in writing with the chair of the Commission or with the appropriate chief of police or deputy chief of police.
The chief of police, civic authority or Commission, as the case may be, shall provide the complainant with any information or assistance the complainant requires in filing the complaint.
If a complaint is filed with a chief of police or civic authority, the chief of police or civic authority shall provide a copy of the complaint to the Commission.
Repealed: 2005, c.21, s.15 1998, c.34, s.1; 1998, c.42, s.3; 2005, c.21, s.15
Repealed: 2005, c.21, s.15 1998, c.34, s.1; 1998, c.42, s.4; 2005, c.21, s.15
Repealed: 2005, c.21, s.15 1998, c.42, s.5; 2005, c.21, s.15; 2007, c.27, s.1
Repealed: 2005, c.21, s.15 1998, c.42, s.5; 2005, c.21, s.15
2005, c.21, s.151987, c.41, s.15; 1996, c.18, s.6; 2005, c.21, s.15; 2008, c.32, s.2; 2021, c.25, s.1
A complaint shall be filed within
(a) one year after the date of the alleged incident or omission that is the subject of the complaint, or
(b) one year after the last alleged incident or omission, in the case of a series of incidents or omissions that are the subject of the complaint.
Despite subsection (1), the Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the complaint.
A chief of police or civic authority, as the case may be, shall commence an examination into the conduct of a member of a police force where no conduct complaint is filed, within one year after the day on which the chief of police or civic authority becomes aware of the alleged breach of the code.
Within 120 days after the filing of a conduct complaint, the chief of police, civic authority or police officer, as the case may be, may request to the Commission in writing a settlement conference and the Commission shall notify the chief of police, civic authority and police officer, as the case may be, and the complainant of the request within 10 days after receiving the request.
The parties referred to in section 28.9 or 31.8, as the case may be, may accept the request for a settlement conference within 10 days after receiving notice by the Commission by sending their acceptance in writing to the Commission and the Commission shall notify the chief of police or the civic authority, as the case may be, of their decision.
Repealed: 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Immediately after receiving a complaint, the chief of police, civic authority or Commission shall characterize the complaint as
(a) a service or policy complaint,
(b) a conduct complaint, or
In making a decision on characterization under subsection (1), the chief of police or civic authority may consult with the Commission.
A service or policy complaint or that portion of a complaint that concerns the service or policy of a police force shall be processed under Division B of this Part.
A conduct complaint or that portion of a complaint that concerns the conduct of a member of a police force shall be processed under Division C of this Part.
Where the chief of police or civic authority makes a decision on characterization, the chief of police or civic authority shall give the complainant and the Commission notice in writing of the decision.
2005, c.21, s.152005, c.21, s.15
The Commission shall review the decision of a chief of police or civic authority on characterization under subsection 25.2(1) and shall
(a) confirm the decision and give the chief of police or civic authority, as the case may be, notice in writing of its decision, or
(b) rescind the decision, characterize the complaint and give the chief of police or civic authority, as the case may be, and the complainant notice in writing of its decision.
The Commission’s decision under subsection (1) is final.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
A complainant may, at any time, file a written notice of withdrawal of a complaint with the chief of police, civic authority or Commission, as the case may be.
If the notice of withdrawal is filed with the chief of police, the chief of police shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a police officer, to the affected police officer.
If the notice of withdrawal is filed with the civic authority, the civic authority shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a chief of police, to the affected chief of police.
If the notice of withdrawal is filed with the Commission, the Commission shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the appropriate chief of police or civic authority and, if the complaint concerns the conduct of a member of a police force, to the affected member of a police force.
Notwithstanding subsections (2), (3) and (4), if the notice of withdrawal of a conduct complaint is filed before the affected member of a police force has been notified of the substance of the conduct complaint under subsection 27.4(1) or 30.3(1), the chief of police, civic authority or Commission, as the case may be, may, in the discretion of the chief of police, civic authority or Commission, decide not to provide a copy of the notice of withdrawal to the member of a police force.
Notwithstanding the withdrawal of a complaint,
(a) the Commission may
(i) process the complaint, or
(ii) order the chief of police or civic authority, as the case may be, to process the complaint under Division B or C,
(b) the chief of police may, on the chief of police’s own motion, process the complaint under Subdivision b of Division C, or
(c) the civic authority may, on its own motion, process the complaint under Subdivision c of Division C.
The chief of police, civic authority or Commission, as the case may be, may give the complainant notice in writing of the decision under subsection (6) and, if the complaint concerns the conduct of a member of a police force, the chief of police, civic authority or Commission, as the case may be, shall give the affected member of a police force notice in writing of the decision.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Where a complaint concerning the Royal Canadian Mounted Police is filed with the Commission, the Commission shall give the complainant notice in writing that the complaint is not within its jurisdiction and refer the complaint to the Commanding Officer of the Royal Canadian Mounted Police or to the Commission for Public Complaints against the Royal Canadian Mounted Police.
The Commission shall provide a copy of a complaint it receives under subsection (1) to
(a) the appropriate municipality or regional policing authority, if the complaint concerns policing provided under an agreement between the municipality or regional policing authority and the Government of Canada, or
(b) the Minister, if the complaint concerns policing provided under an agreement between the Province and the Government of Canada.
2021, c.25, s.12021, c.25, s.1
No person shall
(a) knowingly make a false or misleading statement when filing a service or policy complaint or conduct complaint,
(b) file a service or policy complaint or conduct complaint that is made in bad faith, or
(c) prevent, hinder, obstruct or interfere with a person filing a service or policy complaint or conduct complaint.
A person who violates or fails to comply with paragraph (1)(a), (b) or (c) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the Commission characterizes a complaint as a service or policy complaint or reviews the decision of a chief of police or civic authority on characterization and determines the complaint is a service or policy complaint, the Commission shall immediately refer the service or policy complaint to the appropriate chief of police and civic authority to process the complaint.
If the civic authority receives a service or policy complaint under subsection (1), the civic authority shall
(a) refer the complaint to the chief of police responsible for overseeing the operation of the police force against which the complaint is filed to process the complaint, or
(b) process the complaint in consultation with the chief of police responsible for overseeing the operation of the police force against which the complaint is filed.
If the chief of police processes a service or policy complaint referred to the chief of police under paragraph (2)(a), the chief of police shall give the complainant, civic authority and Commission notice in writing of the decision within 14 days after receiving the referral or as soon as the circumstances permit after that period.
If the civic authority, in consultation with the chief of police, processes a service or policy complaint under paragraph (2)(b), the civic authority shall give the complainant and the Commission notice in writing of its decision within 14 days after receiving the complaint or as soon as the circumstances permit after that period.
2005, c.21, s.15Notwithstanding any other Act, including the Industrial Relations Act, where a member of a police force is alleged to have committed a breach of the code or is found guilty of a breach of the code, the matter shall be dealt with in accordance with the provisions of this Division and the regulations. 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.15Subject to subsection 26.4(1), this Division does not apply to an auxiliary police officer or an auxiliary police constable. 2005, c.21, s.15
2005, c.21, s.15Notwithstanding any other provision of this Act, a civic authority may eliminate any position in a police force at any time if, in fulfilling its responsibilities under this Act in relation to the provision of police services, the civic authority determines that the position is no longer necessary and the Minister approves of such determination. 2005, c.21, s.15; 2021, c.25, s.1
Repealed: 2021, c.25, s.1 2005, c.21, s.15; 2021, c.25, s.1Repealed: 2021, c.25, s.1 1981, c.59, s.18; 1984, c.54, s.15; 1986, c.64, s.6; 1988, c.67, s.8; 1991, c.27, s.33; 1996, c.26, s.2; 1998, c.42, s.6; 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15
Notwithstanding any other provision of this Division, if the Commission considers it to be in the public interest, it may, at any time before an arbitrator has been appointed, process a conduct complaint or take over from a chief of police or civic authority the processing of a conduct complaint.
The provisions of this Act that apply to the powers that a chief of police or civic authority may exercise when processing a conduct complaint also apply with the necessary modifications to the Commission when it processes a conduct complaint or takes over from a chief of police or civic authority the processing of a conduct complaint.
Any decision made by the Commission when the Commission processes a conduct complaint, takes over from a chief of police or civic authority the processing of a conduct complaint or reviews a decision made by a chief of police or civic authority is final.
2005, c.21, s.15The Commission shall establish and maintain a list of persons who are knowledgeable in investigative techniques and procedures and have indicated a willingness to act as an investigator under this Division or Division B of Part III.1. 2005, c.21, s.15; 2008, c.32, s.3; 2021, c.25, s.1
2005, c.21, s.15When conducting an investigation into a conduct complaint, the investigator may 2005, c.21, s.15; 2021, c.25, s.1
(a) question witnesses,
(b) take statements,
(c) obtain documents and physical objects, and
(d) subject to the approval of the chief of police, civic authority or Commission, as the case may be, engage experts, consultants or additional investigators to assist the investigator on any matter related to the investigation.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Where an investigation into a conduct complaint is conducted, every member of a police force, including an auxiliary police officer, shall provide the investigator with any information and assistance requested by the investigator.
Subsection (1) does not apply to
(a) the member of the police force being investigated, or
(b) the representative of the member of a police force who comes into possession of information relating to the complaint by virtue of their capacity as representative.
2005, c.21, s.152005, c.21, s.15
Where an investigator has reason to believe there might be relevant information relating to the conduct complaint in a premises, the investigator may, at any reasonable time, enter the premises and inspect any document or physical object relating to the investigation.
An investigator shall not enter a private dwelling under subsection (1) unless the investigator
(a) has the consent of the occupier, or
(b) has obtained an entry warrant under the Entry Warrants Act.
Before or after attempting to effect entry under subsection (1), an investigator may apply to a judge for an entry warrant under the Entry Warrants Act.
An investigator may request the assistance of a member of a police force or a member of the Royal Canadian Mounted Police for the purposes of subsection (1).
2005, c.21, s.152005, c.21, s.15
An investigator may, for the purpose of the investigation, remove documents and physical objects relating to the investigation from a premises referred to in subsection 26.5(1) and may make a copy or extract of the documents or any part of the documents and shall give a receipt to the occupier for the documents or physical objects so removed.
Where documents are removed from a premises referred to in subsection 26.5(1), they shall be returned as soon as possible after the making of the copies or extracts.
A copy or extract of any document related to an investigation and purporting to be certified by an investigator is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
No person shall obstruct or interfere with an investigator in the carrying out of an investigation under this Division, or withhold, destroy, conceal or refuse to furnish any information, documents or physical objects required by the investigator for the purposes of the investigation.
A refusal of consent to enter a private dwelling is not and shall not be deemed to be obstructing or interfering within the meaning of subsection (1), except where an entry warrant has been obtained.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Notwithstanding any other provision of this Act, a chief of police may reassign or suspend a police officer, pending the completion of the processing of a conduct complaint, if the chief of police has reason to believe that the police officer has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the chief of police determines that there is no reasonable alternative and if one of the following conditions has been met:
(a) reassignment or suspension is required to protect a member of a police force or other person;
(b) failure to reassign or suspend the police officer is likely to bring the reputation of the police force into disrepute;
(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the police force; or
(d) there are reasonable grounds to believe that the police officer is incapable of carrying out their regular duties.
If conditions have materially changed in the opinion of a chief of police, the chief of police may
(a) terminate the suspension of a police officer, or
(b) act under subsection (1) more than once during the processing of a conduct complaint.
A police officer referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the police officer shall be suspended without pay.
The maximum number of days for which a police officer may be paid applies to the cumulative number of days for which the police officer is suspended during the processing of a conduct complaint.
2005, c.21, s.152005, c.21, s.15; 2007, c.26, s.1; 2021, c.25, s.1
Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, with regard to a police officer who pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,
(a) a chief of police may suspend without pay the police officer, even if the finding or sentence is under appeal, and
(b) if the police officer is suspended at the time of pleading guilty or being found guilty, the police officer shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.
Where a police officer is acquitted following an appeal, the police officer shall receive all of the pay, remuneration, benefits and seniority to which the police officer would have been entitled but for the suspension.
After the conclusion of proceedings taken under this Part, the police officer shall receive all the pay, remuneration, benefits and seniority to which the police officer would have been entitled but for the suspension less any pay, remuneration, benefits or seniority the police officer is not entitled to as a result of a corrective and disciplinary measure imposed by an arbitrator or agreed to by the parties to a settlement conference.
Subsection (3) does not apply if the police officer is dismissed.
2005, c.21, s.151996, c.26, s.3; 2005, c.21, s.15; 2021, c.25, s.1
A police officer shall not during a period of suspension
(a) exercise the powers of a peace officer conferred under subsection 2(2), or
(b) use the equipment or wear or display the uniform or insignia of the police force unless required to do so for a court appearance or by the chief of police.
A police officer who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
2005, c.21, s.15A chief of police may, on the chief of police’s own motion, and shall, on the request of the Commission, examine the conduct of a police officer, whether or not a conduct complaint is filed. 1981, c.59, s.19; 1988, c.67, s.8; 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Notwithstanding any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of a chief of police, suspend the processing of a conduct complaint under this Subdivision where the processing will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.
If the Commission suspends the processing of a conduct complaint, the period during which the processing is suspended shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a police officer may be paid.
2005, c.21, s.152005, c.21, s.15
If the Commission characterizes a complaint as a complaint concerning the conduct of a police officer or reviews the decision of a chief of police or civic authority on characterization and determines that the complaint concerns the conduct of a police officer, the Commission shall immediately refer the conduct complaint to the appropriate chief of police to process the complaint.
Notwithstanding subsection (1), the Commission shall refer a conduct complaint to a civic authority to process the complaint if the complaint concerns the conduct of a deputy chief of police.
The provisions under Subdivision c apply, with the necessary modifications, to a complaint referred to the civic authority under subsection (2).
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
The chief of police shall give the police officer notice in writing of the substance of the conduct complaint immediately after the chief of police receives the conduct complaint under subsection 27.3(1).
If the chief of police decides to withhold notification under subsection (2), the chief of police shall immediately give the Commission notice in writing of such decision.
The Commission may order the chief of police to give the police officer notice in writing of the substance of the conduct complaint and the chief of police shall comply immediately with the order.
2005, c.21, s.152005, c.21, s.15
The chief of police may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the chief of police, the complaint or part of the complaint is frivolous, vexatious or not made in good faith.
If the chief of police decides to summarily dismiss a conduct complaint or part of a conduct complaint, the chief of police shall give the complainant and the Commission notice in writing of the decision, including the reasons for the decision.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
The Commission shall review the decision of the chief of police to summarily dismiss the conduct complaint under subsection 27.5(1) and shall
(a) confirm the decision and give the chief of police notice in writing of its decision, or
(b) rescind the decision, order the chief of police to proceed with processing the conduct complaint and give the complainant and the police officer notice in writing of its decision.
If the chief of police or civic authority receives new information relating to a conduct complaint that has been summarily dismissed, the chief of police or civic authority, as the case may be, shall immediately forward such information to the Commission and if, in the opinion of the Commission, such information requires the matter to be reviewed, the Commission may order the chief of police to proceed with processing the conduct complaint.
If the Commission orders the chief of police to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a police officer may be paid.
On receiving new information and ordering the chief of police to process a conduct complaint under subsection (2), the Commission shall give the chief of police, complainant and affected police officer notice in writing of the nature of the new information and the reasons for the order to proceed with processing the conduct complaint.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Subject to section 27.5, if the Commission refers a conduct complaint to a chief of police to process the complaint, the chief of police shall determine whether the conduct complaint can be resolved informally.
If the chief of police decides to attempt to resolve the conduct complaint informally, the chief of police shall give the complainant and the police officer notice in writing of the decision to attempt to resolve the complaint informally.
Where a complaint is resolved informally,
(a) the details of the results of the informal resolution shall be set out in writing, and
(b) the chief of police shall give the complainant and the Commission notice in writing of the results of the informal resolution.
Within fourteen days after receiving the results of the informal resolution under paragraph (3)(b), the complainant may request the Commission to review the results of the informal resolution.
A conduct complaint that is resolved by informal resolution shall not be entered in a service record of discipline or personnel file of a police officer.
2005, c.21, s.152005, c.21, s.15
No answer given or statement made by a complainant or a police officer in the course of attempting to resolve a conduct complaint informally may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the police officer gave an answer or made a statement knowing it to be false.
Without limiting subsection (1), an apology by the police officer shall not be admitted into evidence or construed as an admission of guilt at any subsequent civil or administrative proceeding or in any subsequent proceeding under this Act.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
The Commission may, on its own motion, and shall, on the request of the complainant, review the results of the informal resolution under subsection 27.7(3) and shall
(a) confirm the results of the informal resolution and give the complainant, police officer and chief of police notice in writing of its decision, or
(b) rescind the results of the informal resolution and order the chief of police to proceed with processing the conduct complaint.
If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a police officer may be paid.
2005, c.21, s.151981, c.59, s.20; 1984, c.54, s.16; 1986, c.64, s.7; 1988, c.67, s.8; 1991, c.26, s.14; 2005, c.21, s.15; 2021, c.25, s.1
A chief of police shall proceed with an investigation into a conduct complaint if
(a) the chief of police and the police officer fail to achieve consensus on an informal resolution,
(b) the chief of police determines that an attempt to resolve the complaint informally is inappropriate, or
(c) the Commission orders an investigation.
If a chief of police proceeds with an investigation under subsection (1), the chief of police shall give the complainant and the police officer notice in writing of such.
The chief of police shall give the Commission notice in writing of the decision of the chief of police to proceed with an investigation under paragraph (1)(a) or (b).
An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the chief of police conducts an investigation into a conduct complaint, the chief of police shall, within 30 days after the filing of the complaint
(a) appoint as an investigator a member of a police force to which the police officer being investigated belongs and who is of a higher rank than the police officer being investigated,
(b) appoint as an investigator a member of another police force who is of a higher rank than the police officer being investigated, or
(c) appoint an investigator from the list established and maintained under section 26.2.
Notwithstanding subsection (1), the chief of police shall, if the chief of police determines an external investigation is necessary in order to preserve public confidence in the complaint process or, if the Commission orders it,
(a) appoint as an investigator a member of another police force who is of a higher rank than the police officer being investigated, or
(b) appoint an investigator from the list established and maintained under section 26.2.
If the Commission processes a conduct complaint or takes over from a chief of police the processing of a conduct complaint under section 26.1, it shall, within 30 days after the filing of the complaint, appoint as an investigator a police officer of another police force who is of a higher rank than the police officer being investigated, or, within 30 days after the filing of the complaint, appoint an investigator from the list it establishes and maintains under section 26.2.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Within 60 days after the appointment of an investigator, the investigator shall provide the chief of police with the full details of the investigation, including
(a) a true copy of the investigation report,
(b) a true copy of all statements taken during the course of the investigation,
(c) a true copy of documents removed,
(d) a list of physical objects removed, and
(e) a summary of the investigator’s findings and conclusions.
Upon receipt of the documents listed under subsection (1), the chief of police shall
(a) provide a copy of the documents to the Commission, or, if the Commission agrees, make the documents available for viewing during normal business hours, and
(b) provide a summary of the investigator’s findings and conclusions to the police officer and the complainant.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within 10 days after the date the details of the investigation are received by the chief of police,
(a) a new investigation by the chief of police or a chief of police of another police force, or
(b) specific steps to be taken by the investigator within the periods determined by the Commission.
If the Commission orders a new investigation, the chief of police shall appoint an investigator in accordance with section 28.1.
The investigator shall provide the chief of police with the details of the investigation referred to in subsection 28.2(1) within 30 days after the appointment of the investigator and, on receipt of the documents, the chief of police shall provide the items referred to in subsection 28.2(2) to the Commission, the police officer and the complainant.
Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the police officer or the chief of police may request to the Commission in writing a settlement conference within 10 days after the chief of police receives the details of the investigation under subsection (3).
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Upon review of the investigation report, the chief of police shall
(a) take no further action where the chief of police determines that there is insufficient evidence that the police officer committed a breach of the code, or
(b) continue with processing the conduct complaint if there is sufficient evidence that the police officer committed a breach of the code.
If the chief of police decides not to take further action under paragraph (1)(a), the chief of police shall give the police officer, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.
2005, c.21, s.15The Commission may, on its own motion, and shall, on the request of the complainant, within 14 days after receiving notice under subsection 28.4(2), review the decision of the chief of police to take no further action under paragraph 28.4(1)(a) and shall 2005, c.21, s.15; 2021, c.25, s.1
(a) confirm the decision and give the complainant, police officer and chief of police notice in writing of its decision, or
(b) rescind the decision and order the chief of police to continue with processing the conduct complaint.
2005, c.21, s.15If the chief of police decides to take no further action or where the Commission confirms the decision of the chief of police to take no further action, no further action shall be taken against the police officer and the conduct complaint shall not be entered in the service record of discipline or personnel file of the police officer. 2005, c.21, s.15
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the parties agree to proceed to a settlement conference, the chief of police shall perform the following duties:
(a) serve a notice of settlement conference on the police officer;
(b) provide the police officer with a copy of the documents listed in subsection 28.2(1) and access to physical objects removed; and
(c) give the complainant notice in writing
(i) of the settlement conference, and
(ii) of their right to attend the settlement conference and to make representations orally or in writing.
The notice of settlement conference shall contain:
(a) a statement of the time and place of the settlement conference and whether the settlement conference will be held in person, by telephone or by video conference;
(b) the particulars of the act or omission that constitutes the alleged breach of the code;
(c) a statement setting out the purpose of the settlement conference; and
(d) a statement that, if the police officer does not attend the settlement conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed, the chief of police shall serve a notice of arbitration hearing on the police officer.
The police officer shall advise the chief of police as to whether they will attend the settlement conference within 7 days after receiving the notice of settlement conference.
Despite paragraph (2)(d) and subsection (3), if the police officer wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the police officer may advise the chief of police within 7 days after receiving the notice of settlement conference.
If the police officer advises the chief of police under subsection (4), the chief of police shall choose a mutually convenient time which is no more than 90 days after the police officer receives the notice of settlement conference or within a longer period if agreed to by the police officer and the chief of police.
2005, c.21, s.15The purpose of a settlement conference is to provide the police officer with an opportunity to respond to the alleged breach of the code and to reach an agreement with the chief of police concerning corrective and disciplinary measures. 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15
The parties to a settlement conference are the police officer and the chief of police.
The complainant may attend and make representations at a settlement conference.
2005, c.21, s.15The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement. 1984, c.54, s.17; 1986, c.64, s.8; 1998, c.34, s.2; 2005, c.21, s.15
2005, c.21, s.15The police officer or the chief of police may attend a settlement conference with a representative who may act on behalf of the police officer or the chief of police, as the case may be. 1981, c.59, s.21; 1983, c.4, s.15; 1986, c.64, s.9; 1988, c.67, s.8; 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.151986, c.64, s.10; 1987, c.41, s.16; 2005, c.21, s.15
The complainant may be accompanied by a support person at a settlement conference.
The support person may not make representations on behalf of the complainant without the consent of the parties.
Repealed: 2005, c.21, s.15 1998, c.42, s.7; 2005, c.21, s.15
2005, c.21, s.15No answer given or statement made by the complainant or the police officer in the course of a settlement conference may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the police officer gave an answer or made a statement knowing it to be false. 1987, c.41, s.17; 1988, c.64, s.10; 2005, c.21, s.15
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the corrective and disciplinary measures agreed to by the parties, and the chief of police shall immediately serve the letter of settlement on the Commission and provide copies of the letter of settlement to the complainant and police officer.
The corrective and disciplinary measures agreed to by the parties under subsection (1) shall be stayed for a period of thirty days after the date that the chief of police serves the letter of settlement on the Commission.
Subject to section 29.5, the settlement is final and binding on the parties.
Repealed: 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Within fourteen days after receiving the letter of settlement under subsection 29.4(1), the complainant may request the Commission to review the settlement.
The Commission may, on its own motion, and shall, on the request of the complainant, review a settlement under subsection 29.4(1) and shall
(a) confirm the settlement and give the complainant, police officer and chief of police notice in writing of its decision, or
(b) within thirty days after the chief of police serves the letter of settlement on the Commission, rescind the settlement if, in the opinion of the Commission, the settlement does not comply with the principles of discipline and correction specified in the regulation, and shall
(i) serve notice on the chief of police and the police officer of a settlement with recommendations, or
(ii) serve a notice of arbitration hearing on the chief of police and police officer and give the complainant notice in writing of the arbitration hearing.
The chief of police and the police officer who receive notice under subparagraph (2)(b)(i) may accept the settlement with recommendations within 10 days after receiving the notice.
If the chief of police or the police officer does not accept the settlement with recommendations within 10 days after receiving the notice, the chief of police shall serve a notice of arbitration hearing on the police officer and give the complainant notice in writing of the arbitration hearing.
2021, c.25, s.12021, c.25, s.1
A chief of police may serve a notice of arbitration hearing on the police officer at any time during the processing of a conduct complaint under this subdivision.
A chief of police shall serve a notice of arbitration hearing on the police officer if a conduct complaint under this subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Notwithstanding any other provision of this Act, a civic authority may reassign or suspend a chief of police, pending the completion of the processing of a conduct complaint, if the civic authority has reason to believe that the chief of police has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the civic authority determines that there is no reasonable alternative and if one of the following conditions has been met:
(a) reassignment or suspension is required to protect a member of a police force or other person;
(b) failure to reassign or suspend the chief of police is likely to bring the reputation of the police force into disrepute;
(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the police force; or
(d) there are reasonable grounds to believe that the chief of police is incapable of carrying out the regular duties of the chief of police.
If conditions have materially changed in the opinion of a civic authority, the civic authority may
(a) terminate the suspension of a chief of police, or
(b) act under subsection (1) more than once during the processing of a conduct complaint.
A chief of police referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the chief of police shall be suspended without pay.
The maximum number of days for which a chief of police may be paid applies to the cumulative number of days for which the chief of police is suspended during the processing of a conduct complaint.
2005, c.21, s.152005, c.21, s.15; 2007, c.26, s.1; 2021, c.25, s.1
Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, with regard to a chief of police who pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,
(a) a civic authority may suspend without pay the chief of police, even if the finding or sentence is under appeal, and
(b) if the chief of police is suspended at the time of pleading guilty or being found guilty, the chief of police shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.
Where a chief of police is acquitted following an appeal, the chief of police shall receive all of the pay, remuneration, benefits and seniority to which the chief of police would have been entitled but for the suspension.
After the conclusion of proceedings taken under this Part, the chief of police shall receive all the pay, remuneration, benefits and seniority to which the chief of police would have been entitled but for the suspension less any pay, remuneration, benefits or seniority the chief of police is not entitled to as a result of a corrective and disciplinary measure imposed by an arbitrator or agreed to by the parties to a settlement conference.
Subsection (3) does not apply if the chief of police is dismissed.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
A chief of police shall not during a period of suspension
(a) exercise the powers of a peace officer conferred under subsection 2(2), or
(b) use the equipment or wear or display the uniform or insignia of the police force unless required to do so for a court appearance or by a civic authority.
A chief of police who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
2005, c.21, s.15A civic authority may, on its own motion, and shall, on the request of the Commission, examine the conduct of a chief of police, whether or not a conduct complaint is filed. 2005, c.21, s.15
2005, c.21, s.151981, c.59, s.22; 1986, c.64, s.11; 1987, c.41, s.18; 1988, c.64, s.10; 1991, c.26, s.15; 1998, c.42, s.8; 2005, c.21, s.15; 2021, c.25, s.1
Notwithstanding any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of a civic authority, suspend the processing of a conduct complaint under this Subdivision where the processing will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.
If the Commission suspends the processing of a conduct complaint, the period during which the processing is suspended shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a chief of police may be paid.
2005, c.21, s.15; 2021, c.25, s.11986, c.64, s.12; 1987, c.41, s.19; 1988, c.64, s.10; 2005, c.21, s.15; 2021, c.25, s.1
If the processing of a conduct complaint will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada, the Commission shall give the Minister notice in writing of such.
Upon receipt of notification under subsection (1), the Minister shall assign the conduct of the investigation to a member of the Royal Canadian Mounted Police or a chief of police of another police force.
The person authorized by the Minister under subsection (2) to investigate shall provide the civic authority with a written report stating the results of the investigation.
2005, c.21, s.15If the Commission characterizes a complaint as a complaint concerning the conduct of a chief of police or reviews the decision of a civic authority or chief of police on characterization and determines that the complaint concerns the conduct of a chief of police, the Commission shall immediately refer the conduct complaint to the appropriate civic authority to process the complaint. 2005, c.21, s.15
2005, c.21, s.152005, c.21, s.15
The civic authority shall give the chief of police notice in writing of the substance of the conduct complaint immediately after the civic authority receives the complaint under section 30.2.
If the civic authority decides to withhold notification under subsection (2), the civic authority shall immediately give the Commission notice in writing of such decision.
The Commission may order the civic authority to give the chief of police notice in writing of the substance of the conduct complaint and the civic authority shall comply immediately with the order.
2005, c.21, s.152005, c.21, s.15
The civic authority may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the civic authority, the complaint or part of the complaint is frivolous, vexatious or not made in good faith.
If the civic authority decides to summarily dismiss a conduct complaint or part of a conduct complaint, the civic authority shall give the complainant and the Commission notice in writing of the decision, including the reasons for the decision.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
The Commission shall review the decision of the civic authority to summarily dismiss the conduct complaint under subsection 30.4(1), and shall
(a) confirm the decision and give the civic authority notice in writing of its decision, or
(b) rescind the decision, order the civic authority to proceed with processing the conduct complaint and give the complainant and the chief of police notice in writing of its decision.
If the civic authority or chief of police receives new information relating to a conduct complaint that has been summarily dismissed, the civic authority or chief of police, as the case may be, shall immediately forward such information to the Commission and if, in the opinion of the Commission, such information requires the matter to be reviewed, the Commission may order the civic authority to proceed with processing the conduct complaint.
If the Commission orders the civic authority to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a chief of police may be paid.
On receiving new information and ordering the civic authority to process a conduct complaint under subsection (2), the Commission shall give the civic authority, complainant and affected chief of police notice in writing of the nature of the new information and the reasons for the order to proceed with processing the conduct complaint.
2005, c.21, s.152005, c.21, s.15
Subject to section 30.4, if the Commission refers a conduct complaint to a civic authority to process the complaint, the civic authority shall determine whether the conduct complaint can be resolved informally.
If the civic authority decides to attempt to resolve the conduct complaint informally, the civic authority shall give the complainant and the chief of police notice in writing of the decision of the civic authority to attempt to resolve the complaint informally.
Where a complaint is resolved informally,
(a) the details of the results of the informal resolution shall be set out in writing, and
(b) the civic authority shall give the complainant and the Commission notice in writing of the results of the informal resolution.
Within fourteen days after receiving the results of the informal resolution under paragraph (3)(b), the complainant may request the Commission to review the results of the informal resolution.
A conduct complaint that is resolved by informal resolution shall not be entered in a service record of discipline or personnel file of a chief of police.
2005, c.21, s.152005, c.21, s.15
No answer given or statement made by a complainant or a chief of police in the course of attempting to resolve a conduct complaint informally may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the chief of police gave an answer or made a statement knowing it to be false.
Without limiting subsection (1), an apology by the chief of police shall not be admitted into evidence or construed as an admission of guilt at any subsequent civil or administrative proceeding or in any subsequent proceeding under this Act.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
The Commission may, on its own motion, and shall, on the request of a complainant, review the results of the informal resolution under subsection 30.6(3) and shall
(a) confirm the results of the informal resolution and give the complainant, chief of police and civic authority notice in writing of its decision, or
(b) rescind the results of the informal resolution and order the civic authority to proceed with processing the conduct complaint.
If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a chief of police may be paid.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
A civic authority shall proceed with an investigation into a conduct complaint if
(a) the civic authority and the chief of police fail to achieve consensus on an informal resolution,
(b) the civic authority determines that an attempt to resolve the complaint informally is inappropriate, or
(c) the Commission orders an investigation.
If a civic authority proceeds with an investigation under subsection (1), the civic authority shall give the complainant and the chief of police notice in writing of such.
The civic authority shall give the Commission notice in writing of the decision of the civic authority to proceed with an investigation under paragraph (1)(a) or (b).
An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.
2005, c.21, s.151981, c.59, s.23; 1984, c.54, s.18; 1991, c.26, s.16; 2005, c.21, s.15; 2021, c.25, s.1
If the civic authority conducts an investigation into a conduct complaint, the civic authority shall, within 30 days after the filing of the complaint, appoint an investigator from the list established and maintained under section 26.2.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Within 60 days after the appointment of an investigator, the investigator shall provide the civic authority with the full details of the investigation, including
(a) a true copy of the investigation report,
(b) a true copy of all statements taken during the course of the investigation,
(c) a true copy of documents removed,
(d) a list of physical objects removed, and
(e) a summary of the investigator’s findings and conclusions.
Upon receipt of the documents listed under subsection (1), the civic authority shall
(a) provide a copy of the documents to the Commission, or, if the Commission agrees, make the documents available for viewing during normal business hours, and
(b) provide a summary of the investigator’s findings and conclusions to the chief of police and the complainant.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within 10 days after the date the details of the investigation are received by the civic authority,
(a) a new investigation by the civic authority, or
(b) specific steps to be taken by the investigator within the periods determined by the Commission.
If the Commission orders a new investigation, the civic authority shall appoint an investigator in accordance with section 31.
The investigator shall provide the civic authority with the details of the investigation referred to in subsection 31.1(1) within 30 days after the appointment of the investigator and, on receipt of the document, the civic authority shall provide the items referred to in subsection 31.1(2) to the Commission, the chief of police and the complainant.
Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the chief of police or the civic authority may request to the Commission in writing a settlement conference within 10 days after the civic authority receives the details of the investigation under subsection (3).
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Upon review of the investigation report, the civic authority shall
(a) take no further action where the civic authority determines that there is insufficient evidence that the chief of police committed a breach of the code, or
(b) continue with processing the conduct complaint if there is sufficient evidence that the chief of police committed a breach of the code.
If the civic authority decides not to take further action under paragraph (1)(a), the civic authority shall give the chief of police, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.
2005, c.21, s.15The Commission may, on its own motion, and shall, on the request of the complainant, within 14 days after receiving notice under subsection 31.3(2), review the decision of the civic authority to take no further action under paragraph 31.3(1)(a) and shall 2005, c.21, s.15; 2021, c.25, s.1
(a) confirm the decision and give the complainant, chief of police and civic authority notice in writing of its decision, or
(b) rescind the decision and order the civic authority to continue with processing the conduct complaint.
2005, c.21, s.15If the civic authority decides to take no further action or where the Commission confirms the decision of the civic authority to take no further action, no further action shall be taken against the chief of police and the conduct complaint shall not be entered in the service record of discipline or personnel file of the chief of police. 2005, c.21, s.15
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the parties agree to proceed to a settlement conference, the civic authority shall perform the following duties:
(a) serve a notice of settlement conference on the chief of police;
(b) provide the chief of police with a copy of the documents listed in subsection 31.1(1) and access to physical objects removed; and
(c) give the complainant notice in writing
(i) of the settlement conference, and
(ii) of their right to attend the settlement conference and to make representations orally or in writing.
The notice of settlement conference shall contain:
(a) a statement of the time and place of the settlement conference and whether the settlement conference will be held in person, by telephone or by video conference;
(b) the particulars of the act or omission that constitutes the alleged breach of the code;
(c) a statement setting out the purpose of the settlement conference; and
(d) a statement that, if the chief of police does not attend the settlement conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed, the civic authority shall serve a notice of arbitration hearing on the chief of police.
The chief of police shall advise the civic authority as to whether they will attend the settlement conference within 7 days after receiving the notice of settlement conference.
Despite paragraph (2)(d) and subsection (3), if the chief of police wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the chief of police may advise the civic authority within 7 days after receiving the notice of settlement conference.
If a chief of police advises the civic authority under subsection (4), the civic authority shall choose a mutually convenient time which is no more than 90 days after the chief of police receives the notice of settlement conference or within a longer period if agreed to by the chief of police and the civic authority.
2005, c.21, s.15The purpose of a settlement conference is to provide the chief of police with an opportunity to respond to the alleged breach of the code and to reach an agreement with the civic authority concerning corrective and disciplinary measures. 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15
The parties to a settlement conference are the chief of police and the civic authority.
The complainant may attend and make representations at a settlement conference.
2005, c.21, s.15The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement. 2005, c.21, s.15
2005, c.21, s.15The chief of police or the civic authority may attend a settlement conference with a representative who may act on behalf of the chief of police or the civic authority, as the case may be. 1979, c.41, s.94; 1986, c.64, s.13; 1987, c.41, s.20; 1988, c.64, s.10; 2005, c.21, s.15; 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15
The complainant may be accompanied by a support person at a settlement conference.
The support person may not make representations on behalf of the complainant without the consent of the parties.
2005, c.21, s.15No answer given or statement made by the complainant or the chief of police in the course of a settlement conference may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the chief of police gave an answer or made a statement knowing it to be false. 2005, c.21, s.15
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the corrective and disciplinary measures agreed to by the parties, and the civic authority shall immediately serve the letter of settlement on the Commission and provide copies of the letter of settlement to the complainant and chief of police.
The corrective and disciplinary measures agreed to by the parties under subsection (1) shall be stayed for a period of thirty days after the date that the civic authority serves the letter of settlement on the Commission.
Subject to section 32.4, the settlement is final and binding on the parties.
Repealed: 2021, c.25, s.1
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
Within fourteen days after receiving the letter of settlement under subsection 32.3(1), the complainant may request the Commission to review the settlement.
The Commission may, on its own motion, and shall, on the request of the complainant, review a settlement under subsection 32.3(1) and shall
(a) confirm the settlement and give the complainant, chief of police and civic authority notice in writing of its decision, or
(b) within thirty days after the civic authority serves the letter of settlement on the Commission, rescind the settlement if, in the opinion of the Commission, the settlement does not comply with the principles of discipline and correction specified in the regulation, and shall
(i) serve notice on the civic authority and the chief of police of a settlement with recommendations, or
(ii) serve a notice of arbitration hearing on the civic authority and chief of police and give the complainant notice in writing of the arbitration hearing.
The civic authority and the chief of police who receive notice under subparagraph (2)(b)(i) may accept the settlement with recommendations within 10 days after receiving the notice.
If the civic authority or the chief of police does not accept the settlement with recommendations within 10 days after receiving the notice, the civic authority shall serve a notice of arbitration hearing on the chief of police and give the complainant notice in writing of the arbitration hearing.
2021, c.25, s.12021, c.25, s.1
A civic authority may serve a notice of arbitration hearing on the chief of police at any time during the processing of a conduct complaint under this subdivision.
A civic authority shall serve a notice of arbitration hearing on the chief of police if a conduct complaint under this subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.
2005, c.21, s.15The parties to an arbitration hearing are, as the case may be, 2005, c.21, s.15
(a) the police officer and the chief of police, or
(b) the chief of police and the civic authority.
2005, c.21, s.152005, c.21, s.15; 2021, c.25, s.1
If the arbitrator finds on a balance of probabilities that a member of a police force is guilty of a breach of the code, the arbitrator may impose any corrective and disciplinary measure prescribed by regulation.
When imposing corrective and disciplinary measures, an arbitrator may have access to the service record of discipline of the member of a police force.
Where the arbitrator finds that the member of a police force is not guilty of a breach of the code, the arbitrator shall dismiss the matter.
Where the arbitrator dismisses the matter, no entry shall be made in the service record of discipline or personnel file of the member of a police force.
The decision of the arbitrator is final and binding on the parties.
The arbitrator shall give the parties, the Commission and the complainant, if any, notice in writing of the arbitrator’s decision within 30 days after the completion of the arbitration hearing.
2005, c.21, s.15If the chief of police, civic authority or Commission, as the case may be, serves a notice of arbitration hearing under this Part and the arbitrator determines that the act or omission that lead to the arbitration hearing would, if proved, constitute unsatisfactory work performance, the arbitrator shall deal with the matter as a matter of unsatisfactory work performance under Part I.1. 2005, c.21, s.15
2008, c.32, s.4The following definitions apply in this Part. 2008, c.32, s.4; 2021, c.25, s.1
“appointee” means an appointee as defined in the Cross-Border Policing Act.(agent désigné)
“appointing official” means an appointing official as defined in the Cross-Border Policing Act.(agent de nomination)
“extrajurisdictional commander” means an extrajurisdictional commander as defined in the Cross-Border Policing Act. (chef extraterritorial)
“extrajurisdictional police officer” means an extrajurisdictional police officer as defined in the Cross-Border Policing Act.(agent de police extraterritorial)
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
If a person has a conduct complaint, the person may file their conduct complaint in writing with the chair of the Commission.
The Commission shall provide the complainant with any information or assistance the complainant requires in filing the conduct complaint.
Upon receipt of a conduct complaint under subsection (1), the Commission shall inform the complainant that the Commission cannot impose corrective and disciplinary measures on the appointee.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
Subject to subsection (2), a conduct complaint shall be filed within one year after the date of the incident or omission, or occurrence of the conduct that is the subject of the conduct complaint.
The Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the conduct complaint.
If the Commission decides to investigate the conduct of an appointee where no conduct complaint is filed, the Commission shall, within one year after the day on which the Commission becomes aware of the alleged breach of the code, commence the investigation.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
The Commission shall give the police oversight body, the appointee, the appointee’s extrajurisdictional commander and the appointing official notice in writing of the substance of the conduct complaint immediately after the Commission receives the conduct complaint under subsection 32.72(1).
Despite subsection (1), the Commission may withhold notification of the appointee if the Commission determines that notification may jeopardize the investigation into the conduct complaint.
If the Commission decides to withhold notification of the appointee, the Commission shall notify the police oversight body and the appointee’s extrajurisdictional commander of its decision.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
A complainant may, at any time, file a written notice of withdrawal of a conduct complaint with the Commission.
The Commission shall, immediately after receiving the notice of withdrawal of a conduct complaint, provide a copy of the notice to the police oversight body, the appointee and the appointee’s extrajurisdictional commander.
Despite subsection (2), if the notice of withdrawal of a conduct complaint is filed before the police oversight body, the appointee and the appointee’s extrajurisdictional commander have been notified of the substance of the conduct complaint under subsection 32.74(1), the Commission may, in the discretion of the Commission, decide not to provide a copy of the notice of withdrawal to the police oversight body, the appointee and the appointee’s extrajurisdictional commander.
Despite the withdrawal of a conduct complaint, the Commission may investigate the conduct complaint.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission, the conduct complaint or part of the conduct complaint is frivolous, vexatious or not made in good faith.
If the Commission decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Commission shall give the complainant, the police oversight body, the appointee and the appointee’s extrajurisdictional commander notice in writing of the decision, including the reasons for the decision.
Repealed: 2021, c.25, s.1 2008, c.32, s.4; 2021, c.25, s.1Repealed: 2021, c.25, s.1 2008, c.32, s.4; 2021, c.25, s.1
2008, c.32, s.4The Commission shall investigate a conduct complaint unless 2008, c.32, s.4
(a) the complainant files a written notice of withdrawal of the conduct complaint with the Commission and the Commission decides not to investigate, or
(b) the Commission decides to summarily dismiss the conduct complaint.
2008, c.32, s.4The Commission may investigate the conduct of an appointee whether or not a conduct complaint is filed. 2008, c.32, s.4
2008, c.32, s.4The Commission shall appoint an investigator from the list it establishes and maintains under section 26.2 to conduct an investigation into a conduct complaint. 2008, c.32, s.4
2008, c.32, s.4When conducting an investigation into a conduct complaint, the investigator shall 2008, c.32, s.4
(a) question witnesses,
(b) take statements, and
(c) obtain documents and physical objects.
2008, c.32, s.4Where an investigation into a conduct complaint is conducted, every member of a police force, including an auxiliary police officer, shall provide the investigator with any information and assistance requested by the investigator. 2008, c.32, s.4
2008, c.32, s.42008, c.32, s.4
Where an investigator has reason to believe there might be relevant information relating to a conduct complaint in a premises, the investigator may, at any reasonable time, enter the premises and inspect any document or physical object relating to the investigation.
An investigator shall not enter a private dwelling under subsection (1) unless the investigator
(a) has the consent of the occupier, or
(b) has obtained an entry warrant under the Entry Warrants Act.
Before or after attempting to effect entry under subsection (1), an investigator may apply to a judge for an entry warrant under the Entry Warrants Act.
An investigator may request the assistance of a member of a police force or a member of the Royal Canadian Mounted Police for the purposes of subsection (1).
2008, c.32, s.42008, c.32, s.4
An investigator may, for the purpose of an investigation into a conduct complaint, remove documents and physical objects relating to the investigation from a premises referred to in subsection 32.83(1) and may make a copy or extract of the documents or any part of the documents and shall give a receipt to the occupier for the documents or physical objects so removed.
Where documents are removed from a premises referred to in subsection 32.83(1), they shall be returned to the occupier as soon as possible after the making of the copies or extracts.
A copy or extract of any document related to an investigation into a conduct complaint and purporting to be certified by an investigator is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
No person shall obstruct or interfere with an investigator in carrying out an investigation under this Division, or withhold, destroy, conceal or refuse to furnish any information, documents or physical objects required by the investigator for the purposes of the investigation.
A refusal of consent to enter a private dwelling is not and shall not be deemed to be obstructing or interfering within the meaning of subsection (1), except where an entry warrant has been obtained.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
Despite any other provision of this Act or the regulations, the Commission may suspend an investigation into a conduct complaint until such time as the Commission directs otherwise where the investigation will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada.
The Commission shall give the police oversight body, the appointee, the appointee’s extrajurisdictional commander and the appointing official notice in writing of the decision to suspend the investigation into the conduct complaint.
2008, c.32, s.42008, c.32, s.4
Upon completion of an investigation into a conduct complaint, the investigator shall provide the Commission with the full details of the investigation, including
(a) a true copy of the investigation report,
(b) a true copy of all statements taken during the course of the investigation,
(c) a true copy of documents removed,
(d) a list of physical objects removed, and
(e) a summary of the investigator’s findings and conclusions.
Upon receipt of the documents listed under subsection (1), the Commission shall
(a) provide a copy of the documents to the police oversight body, and
(b) provide the complainant with the name, address and telephone number of the police oversight body.
2008, c.32, s.42008, c.32, s.4
Upon review of an investigation report respecting a conduct complaint prepared by a police oversight body, the Commission shall
(a) take no further action where the Commission determines that there is insufficient evidence that the member of a police force committed a breach of the code, or
(b) proceed to a settlement conference where the Commission determines that there is sufficient evidence that the member of a police force committed a breach of the code.
If the Commission decides to take no further action under paragraph (1)(a), the Commission shall give the member of a police force and the chief of police or the civic authority, as the case may be, notice in writing of the decision.
2008, c.32, s.4If the Commission decides to take no further action, no further action shall be taken against the member of a police force and the conduct complaint shall not be entered in the service record of discipline or personnel file of the member of a police force. 2008, c.32, s.4
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
If the Commission decides to proceed to a settlement conference under paragraph 32.88(1)(b), the Commission shall:
(a) serve a notice of settlement conference on the member of a police force;
(b) provide the member of a police force with a copy of the investigation report prepared by the police oversight body;
(c) give the complainant notice in writing of the settlement conference and invite the complainant to attend; and
(d) give the chief of police or the civic authority, as the case may be, notice in writing of the settlement conference.
The notice of settlement conference shall contain:
(a) a statement of the time and place of the settlement conference;
(b) the particulars of the act or omission that constitutes the alleged breach of the code;
(c) a statement setting out the purpose of the settlement conference; and
(d) a statement that, if the member of a police force does not attend the settlement conference, the Commission shall serve a notice of arbitration hearing on the member of a police force.
2008, c.32, s.4The purpose of a settlement conference is to provide the member of a police force with an opportunity to respond to the alleged breach of the code and to reach an agreement with the Commission concerning corrective and disciplinary measures. 2008, c.32, s.4; 2021, c.25, s.1
2008, c.32, s.42008, c.32, s.4
The parties to a settlement conference are the member of a police force and the Commission.
The complainant may attend and make representations at a settlement conference.
2008, c.32, s.4The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement. 2008, c.32, s.4
2008, c.32, s.4The member of a police force may attend a settlement conference with a representative who may act on behalf of the member. 2008, c.32, s.4; 2021, c.25, s.1
2008, c.32, s.42008, c.32, s.4
The complainant may be accompanied by a support person at a settlement conference.
The support person may not make representations on behalf of the complainant without the consent of the parties to the settlement conference.
2008, c.32, s.4No answer given or statement made by the complainant or the member of a police force in the course of a settlement conference may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the member of a police force gave an answer or made a statement knowing it to be false. 2008, c.32, s.4
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the corrective and disciplinary measures agreed to by the parties, and the Commission shall immediately provide copies of the letter of settlement to the complainant, the member of a police force, the chief of police or civic authority, as the case may be, and the police oversight body.
The settlement is final and binding on the parties to the settlement conference.
If, in the opinion of the Commission, the parties to the settlement conference fail to reach a settlement within a reasonable period of time, the Commission shall serve a notice of arbitration hearing on the member of a police force and shall give the chief of police or civic authority, as the case may be, notice in writing of the arbitration hearing.
2008, c.32, s.4The parties to an arbitration hearing are the member of a police force and the Commission. 2008, c.32, s.4
2008, c.32, s.42008, c.32, s.4; 2021, c.25, s.1
If the arbitrator finds on a balance of probabilities that the member of a police force is guilty of a breach of the code, the arbitrator may impose any corrective and disciplinary measure prescribed by regulation.
When imposing corrective and disciplinary measures, an arbitrator may have access to the service record of discipline of the member of a police force.
Where the arbitrator finds that the member of a police force is not guilty of a breach of the code, the arbitrator shall dismiss the matter.
Where the arbitrator dismisses the matter, no entry shall be made in the service record of discipline or personnel file of the member of a police force.
The decision of the arbitrator is final and binding on the parties to the arbitration hearing.
The arbitrator shall give the parties to the arbitration hearing and the complainant notice in writing of the arbitrator’s decision within 15 days after the completion of the arbitration hearing.
Upon receipt of the arbitrator’s decision, the Commission shall provide the chief of police or civic authority, as the case may be, and the police oversight body with a copy of the decision.
2008, c.32, s.4If the Commission serves a notice of arbitration hearing under this Part and the arbitrator determines that the act or omission that lead to the arbitration hearing would, if proved, constitute unsatisfactory work performance, the arbitrator shall deal with the matter as a matter of unsatisfactory work performance under Part I.1. 2008, c.32, s.4
2021, c.25, s.11981, c.59, s.24; 1986, c.64, s.14; 1987, c.41, s.21; 1988, c.64, s.10; 1998, c.42, s.9; 2005, c.21, s.16; 2008, c.32, s.5; 2021, c.25, s.1
When conducting an arbitration hearing under Part I.1, III or III.2, an arbitrator may
(a) by summons, require a person to attend before the arbitrator, testify under oath or affirmation and produce to the arbitrator any relevant document or other thing in the person’s possession or control, and
(b) administer oaths and affirmations.
A proceeding shall not be commenced against an arbitrator for any act or omission made in good faith in the exercise or performance, or intended exercise or performance, of any power or duty under this Act.
The Commission shall, in accordance with the regulations, establish and maintain a list of persons who have indicated a willingness to act as an arbitrator under Parts I.1, III and III.2. 2005, c.21, s.17; 2008, c.32, s.6
2005, c.21, s.17
The parties shall, within ten days after the chief of police or civic authority serves a notice of arbitration hearing under Part I.1 or III, appoint an arbitrator from the list established and maintained under section 33.01.
If the Commission serves a notice of arbitration hearing under Part III or III.2, it shall appoint an arbitrator from the list it establishes and maintains under section 33.01. 2005, c.21, s.17; 2008, c.32, s.7
Notwithstanding that a notice of arbitration hearing under Part III is served after the expiration of time prescribed in subparagraph 29.5(2)(b)(ii) or 32.4(2)(b)(ii), 2005, c.21, s.17
(a) the parties shall appoint an arbitrator, and
(b) the arbitrator shall conduct an arbitration hearing if, in the opinion of the arbitrator,
(i) there are reasonable grounds for the failure to serve the notice of arbitration hearing within the prescribed time, and
(ii) the party upon whom the notice of arbitration hearing is served is not substantially prejudiced.
2005, c.21, s.17; 2021, c.25, s.1; 2023, c.17, s.196
The arbitrator may, in conducting an arbitration hearing, find a person to be in contempt if the person
(a) fails or refuses to attend as required by summons,
(b) refuses to be sworn as a witness,
(c) omits or refuses without just cause to answer any relevant question or to produce any books, records, documents and things in the person’s custody, possession or control, or
(d) disrupts or otherwise obstructs the arbitration hearing.
An arbitrator may certify the contempt under subsection (1) to The Court of King’s Bench of New Brunswick or a judge of the Court.
If the arbitrator certifies the contempt to the Court, the Court may summon the person found to be in contempt, may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person found in contempt, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person as if the person had been guilty of contempt of the Court or may suspend punishment on condition that the person attends, testifies or produces as required.
The arbitrator shall retain jurisdiction to make any further decision required by the failure of the member of a police force to comply with the original decision made by the arbitrator under Part I.1, III or III.2. 2005, c.21, s.17; 2008, c.32, s.8
The Arbitration Act does not apply to an arbitration hearing under Part I.1, III or III.2. 2005, c.21, s.17; 2008, c.32, s.9
No action lies for damages or otherwise against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person: 1996, c.26, s.4; 2005, c.21, s.18; 2008, c.32, s.10
(a) the Commission;
(b) the chair or a former chair of the Commission;
(c) the vice-chair or a former vice-chair of the Commission;
(d) any other member or former member of the Commission;
(e) any employee or former employee of the Commission; and
(f) an investigator appointed to investigate a conduct complaint under Division C of Part III or Division B of Part III.1.
For the purposes of greater certainty, the provisions of this Act and the regulations prevail in the event of a conflict or inconsistency between this Act and the regulations and 1997, c.60, s.13; 2013, c.34, s.28
(a) any other public Act or regulation made under a public Act, including the Right to Information and Protection of Privacy Act and the Industrial Relations Act and regulations made under those Acts, and
(b) any private Act, or municipal charter or by-law made under a private Act or municipal charter.
Repealed: 2005, c.21, s.19 1979, c.41, s.94; 1981, c.59, s.25; 1986, c.64, s.15; 1987, c.41, s.22; 1988, c.64, s.10; 1998, c.42, s.10; 2005, c.21, s.19
Repealed: 1996, c.26, s.5 1986, c.64, s.16; 1996, c.26, s.5
2021, c.25, s.1
A notice or other document required by this Act to be served on a person may be served personally or by registered mail to the last known address of the person.
If a notice or other document is sent by registered mail, it is deemed to have been served on the fifth day after the notice or document is mailed unless the person to be served establishes that, through no fault of that person, they did not receive the notice or document.
1991, c.26, s.17; 2005, c.21, s.20; 2021, c.25, s.1
Every order or other document issued or made under this Act shall be signed
(a) by the Minister if made or issued by the Minister, or
(b) by the chair or by any other member of the Commission if made or issued by the Commission.
An order or other document purporting to be signed in accordance with subsection (1) shall be presumed, in the absence of evidence to the contrary, to be signed by the person purporting to sign it without proof of the person’s appointment, authority or signature.
1985, c.21, s.2; 1990, c.61, s.110; 2021, c.25, s.1
Peace officers and persons licensed pursuant to the Private Investigators and Security Services Act other than police officers and members of the Royal Canadian Mounted Police who have knowledge of or who are investigating criminal offences shall immediately notify the chief of the police force or the officer in charge of the Royal Canadian Mounted Police, as the case may be, responsible for policing the area where the alleged offence took place of such knowledge or investigation.
Any person who fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
Where a police officer finds any personal property or comes into the possession of personal property that has been found, it shall be safeguarded and disposed of in accordance with the regulations, unless otherwise provided by law.
The Lieutenant-Governor in Council may make regulations 1986, c.64, s.17; 1988, c.64, s.10; 1991, c.26, s.18; 2005, c.21, s.21; 2008, c.32, s.11; 2021, c.25, s.1; 2021, c.15, s.2; 2021, c.46, s.3
(a) prescribing forms of oaths required to be taken under this Act;
(b) prescribing a code of professional conduct applying to all members of police forces within the Province;
(c) prescribing the corrective and disciplinary measures that the parties to a settlement conference may agree to or an arbitrator may impose;
(d) prescribing the principles of discipline and correction;
(e) respecting the personnel files and records of discipline maintained by chiefs of police and civic authorities;
(f) respecting the repository of corrective and disciplinary measures maintained by the Commission;
(g) respecting the list of arbitrators established and maintained by the Commission;
(h) prescribing procedures and time limits with respect to arbitration hearings under Parts I.1, III and III.2;
(i) establishing the payment of costs, fees and expenses associated with investigations, settlement conferences and arbitration hearings under Parts I.1, III, III.1 and III.2;
(k) prescribing the records, reports, returns, books and accounts to be kept and made by police forces or members of police forces;
(l) prescribing the method of accounting for fees and costs and other money that comes into the hands of members of police forces;
(m) respecting the confidentiality of police files, investigations, or briefs and the disclosure of information contained therein;
(n) respecting information and statistical data to be submitted by chiefs of police to the Minister;
(o) providing a procedure for the disposition of personal property found or coming into the possession of police officers under section 37;
(p) establishing a uniform rank structure for police forces;
(q) establishing minimum standards of training and other qualifications for the appointment and promotion to each rank;
(r) establishing minimum standards for operational and administrative procedures for police forces;
(s) prescribing the minimum number of members of a police force that shall be appointed either upon a basis of incidence of crime, population, area, or any combination thereof, or upon such other basis as the Minister considers relevant;
(t) prescribing required training programs for members of police forces extending from the basic recruit course through all levels of service training, including specialized courses and those embracing management, supervision and police administration;
(u) respecting the use of any equipment, firearm or ammunition or prohibiting the use of any equipment, firearm or ammunition by a police force or by its members;
(v) prescribing the uniform or the insignia to be worn by members of a police force and requiring a council or board to provide and a member of a police force to wear such uniform or insignia;
(v.1) respecting investigations of serious incidents under Part II.1, including
(i) prescribing the time in which a notification report shall be submitted to the head of the investigative body,
(ii) prescribing the information that a summary of an investigation shall contain,
(iii) prescribing the time in which a summary shall be provided to the Minister and the relevant disciplinary authority,
(iv) prescribing the time in which a summary shall be made available to the public,
(v) prescribing any other information that an annual report shall contain;
(v.2) respecting the confidentiality of documents concerning investigations of serious incidents under Part II.1 and the disclosure of information contained in the documents;
(v.3) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(w) respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act.
Repealed: 2000, c.38, s.19 1997, c.60, s.15; 2000, c.38, s.19
1981, c.59, s.26; 1984, c.54, s.19; 1986, c.64, s.18; 1987, c.41, s.23; 1988, c.64, s.10; 1988, c.67, s.8
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10; 1988, c.67, s.8
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10
1987, c.41, s.24; 1988, c.64, s.10; 1988, c.67, s.8
Repealed: 1988, c.64, s.10
Repealed: 1988, c.64, s.10; 1988, c.67, s.8
Repealed: 1988, c.64, s.10 1987, c.41, s.24; 1988, c.64, s.10; 1988, c.67, s.8