BILL 50

 

An Act to Amend the Police Act

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

 

1(1)             The title of the French version of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

 

Loi sur la police

 

1(2)             If any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Loi sur la Police, it shall be read, unless the context otherwise requires, as a reference to the Loi sur la police.

 

2                  Section 1 of the Act is amended

 

(a)          by repealing the following definitions:

 

(i)      "major violation";

 

(ii)     "minor violation";

 

(iii)   "regional police service";

 

(b)          by repealing the definition "board" and substituting the following:

 

"board" means a board of police commissioners as established under subsection 7(1), and when used in section 1.1, subsections 6(1) and 13(1) and section 22 includes a joint board;

 

(c)          by repealing the definition "code" and substituting the following:

 

"code" means the code of professional conduct prescribed by regulation;

 

(d)          by repealing the definition "chief of police" and substituting the following:

 

"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 his or her behalf;

 

(e)          in the English version in the definition "regional policing authority" by striking out the period at the end of the definition and substituting a semicolon;

 

(f)           in the French version in the definition « services de police » by striking out the semicolon at the end of the definition and substituting a period;

 

(g)          by adding the following definitions in alphabetical order:

 

"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;

 

"complainant" means a person who files a service or policy complaint or a conduct complaint;

 

"conduct complaint" means a complaint concerning the conduct of a member of a police force;

 

"disciplinary and corrective measures" means the disciplinary and corrective measures prescribed by regulation;

 

"personnel file" means a file containing employment information about a member of a police force;

 

"representative" means

 

(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 his or her designate, or

 

(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 of a police force to represent him or her;

 

"service or policy complaint" means a complaint concerning the services provided by or the policies of a police force;

 

"service record of discipline" means a record containing details of disciplinary and corrective measures agreed to by the parties to a settlement conference or imposed by an arbitrator;

 

"support person" means the person of the complainant's choice who attends a settlement conference with him or her.

 

3                  Subparagraph 1.1(2)b)(ii) of the French version of the Act is amended by striking out "juges" and substituting "juge".

 

4                  Section 3.1 of the Act is amended

 

(a)          by repealing subsection (1);

 

(b)          in subsection (2) of the French version

 

(i)      in the portion preceding paragraph (a) by striking out "civique" and substituting "municipale";

 

(ii)     in paragraph (d) by striking out "civique" and substituting "municipale";

 

(c)          in subsection (3) of the French version

 

(i)      in paragraph (a) by striking out "civique" and substituting "municipale";

 

(ii)     in paragraph (b) by striking out "civique" and substituting "municipale";

 

(iii)   in paragraph (e) by striking out "civique" and substituting "municipale";

 

(iv)    in paragraph (f) by striking out "civique" and substituting "municipale".

 

5                  Paragraph 6(2)a) of the French version of the Act is amended by striking out "toutes personne" and substituting "toute personne".

 

6                  Subsection 7(5) of the English version of the Act is amended by striking out "chairman" and substituting "chair".

 

7                  Subsection 12(1) of the French version of the Act is amended

 

(a)          in paragraph f.1) by striking out "d'intervention protective" and substituting "d'intervention protectrice";

 

(b)          in paragraph f.2) by striking out "tout ordonnance judiciaire" and substituting "toute ordonnance judiciaire".

 

8                  Subsection 17.1(2) of the Act is amended

 

(a)          in subparagraph d)(ii) of the French version by striking out "nommés" and substituting "nommées";

 

(b)          in paragraph (h) of the English version by striking out "chairman" and substituting "chair".

 

9                  Section 17.7 of the French version of the Act is amended

 

(a)          in subsection (1) by striking out "les frais de prestation de ces services de police, constitutent" and substituting "les frais de prestation de ces services de police constitutent";

 

(b)          in subsection (2) by striking out "qu'un avis raisonable" and substituting "qu'un avis raisonnable".

 

10                The Act is amended by adding before Part II the following:

 

PART I.1

UNSATISFACTORY WORK PERFORMANCE

General application

17.91(1)     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.

 

17.91(2)     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.

 

Recommendation to dismiss or demote a member of a police force

17.92(1)     A chief of police may recommend to an arbitrator the dismissal or demotion of a police officer for unsatisfactory work performance.

 

17.92(2)     A civic authority may recommend to an arbitrator the dismissal of a chief of police for just cause.

 

17.92(3)     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.

 

Notice of arbitration hearing

17.93(1)     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.

 

17.93(2)     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.

 

Parties to an arbitration hearing

17.94          The parties to an arbitration hearing are, as the case may be,

 

(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.

 

Arbitrator's duty to consider circumstances

17.95          An arbitrator shall consider whether:

 

(a)          the deficiencies of the member of a police force were brought to his or her attention;

 

(b)          the member of a police force was given a reasonable opportunity to bring his or her 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.

 

Decision of the arbitrator

17.96(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 he or she considers appropriate.

 

17.96(2)     The arbitrator shall, within fifteen days after the completion of the arbitration hearing, give the parties notice in writing of his or her decision.

 

17.96(3)     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.

 

17.96(4)     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.

 

17.96(5)     The decision of the arbitrator is final and binding on the parties.

 

Arbitrator maintains jurisdiction

17.97          If 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.

 

11                Section 18 of the English version of the Act is amended

 

(a)          by repealing subsection (1) and substituting the following:

 

18(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.

 

(b)          by repealing subsection (2.1) and substituting the following:

 

18(2.1)       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.

 

(c)          by repealing subsection (2.2) and substituting the following:

 

18(2.2)       The chair may assign to the vice-chair the powers and duties of the chair under this Act.

 

(d)          in subsection (8) by striking out "chairman" and substituting "chair".

 

12                Subsection 19(3) of the English version of the Act is amended by striking out "chairman" and substituting "chair".

 

13                Subsection 22(1) of the Act is repealed and the following is substituted:

 

22(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 his or her complaint in writing to the chair of the Commission.

 

14                The Act is amended by adding after section 22 the following:

 

22.1(1)       The Commission may maintain, for as long as the Commission determines necessary, a repository of disciplinary and corrective measures.

 

22.1(2)       The Commission may disclose records from the repository for the purposes of achieving consistency in disciplinary and corrective measures.

 

22.1(3)       Any record from the repository shall not disclose the name of or any identifying information about the member of a police force.

 

22.1(4)       The Commission shall file with the Minister reports concerning the records from the repository that the Minister from time to time requests.

 

15                Part III of the Act is repealed and the following is substituted:

 

PART III

COMPLAINTS AND DISCIPLINE

Division A

Complaint Process

Filing a complaint

25(1)          If a person has a conduct complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.

 

25(2)          If a person has a service or policy complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.

 

25(3)          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.

 

25(4)          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.

 

Time limits

25.1(1)       Subject to subsection (2), a 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 complaint.

 

25.1(2)       The Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the complaint.

 

25.1(3)       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.

 

25.1(4)       The period of time between the filing of a conduct complaint under subsection 25(1) or the commencement of an examination into the conduct of a member of a police force where no conduct complaint is filed under section 27.1 or 29.9 and the date the chief of police or civic authority serves the member of a police force with a notice of settlement conference under section 28.7 or 31.6 shall not exceed six months.

 

25.1(5)       If a conduct complaint is not processed or an examination into the conduct of a member of a police force where no conduct complaint is filed is not completed within the period of time prescribed in subsection (4), no further action shall be taken against the affected member of a police force and no entry shall be made in the service record of discipline or personnel file of the member of a police force.

 

Characterizing a complaint

25.2(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

 

(c)           a combination of the complaints referred to in paragraphs (a) and (b).

 

25.2(2)       In making a decision on characterization under subsection (1), the chief of police or civic authority may consult with the Commission.

 

25.2(3)       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.

 

25.2(4)       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.

 

25.2(5)       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.

 

Review of characterization

25.3(1)       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.

 

25.3(2)       The Commission's decision under subsection (1) is final.

 

Withdrawal of a complaint

25.4(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.

 

25.4(2)       If the notice of withdrawal is filed with the chief of police, he or she 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.

 

25.4(3)       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.

 

25.4(4)       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.

 

25.4(5)       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.

 

25.4(6)       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 his or her 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.

 

25.4(7)       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.

 

Complaints concerning the Royal Canadian Mounted Police

25.5(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.

 

25.5(2)       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 services 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 services provided under an agreement between the Province and the Government of Canada.

 

Division B

Service or Policy Complaints

Procedure

25.6(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.

 

25.6(2)       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.

 

25.6(3)       If the chief of police processes a service or policy complaint under paragraph (2)(a), the chief of police shall immediately give the complainant, civic authority and Commission notice in writing of the disposition of the complaint.

 

25.6(4)       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 immediately give the complainant and the Commission notice in writing of the disposition of the complaint.

 

Division C

Conduct Complaints

Subdivision a

General Powers

General application

25.7            Notwithstanding 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.

 

Exemption of auxiliary police officers

25.8            Subject to subsection 26.4(1), this Division does not apply to an auxiliary police officer or an auxiliary police constable.

 

Elimination of positions

25.9            Notwithstanding 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 Commission approves of such determination.

 

False or misleading statements, complaints made in bad faith and preventing the filing of complaints

26(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.

 

26(2)          A person who violates or fails to comply with paragraph (1)(a), (b) or (c) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

 

Powers of the Commission

26.1(1)       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.

 

26.1(2)       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.

 

26.1(3)       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.

 

List of investigators

26.2            The 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.

 

Powers of investigator

26.3            When conducting an investigation into a conduct complaint, the investigator may

 

(a)          question witnesses,

 

(b)          take statements, and

 

(c)           obtain documents and physical objects.

 

Assistance to investigator

26.4(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.

 

26.4(2)       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 his or her capacity as representative.

 

Power of entry

26.5(1)       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.

 

26.5(2)       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.

 

26.5(3)       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.

 

26.5(4)       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).

 

Removal of documents and physical objects

26.6(1)       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.

 

26.6(2)       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.

 

26.6(3)       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.

 

Obstruction

26.7(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.

 

26.7(2)       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.

 

26.7(3)       A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

 

Subdivision b

Complaints Concerning the Conduct of a Police Officer

Temporary reassignment and suspension

26.8            Notwithstanding any other provision of this Act, a chief of police may reassign or suspend with pay 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 his or her regular duties.

 

Suspension without pay

26.9(1)       Notwithstanding any other provision of this Act or the regulations, a chief of police may suspend without pay a police officer who is convicted of an offence under an Act of the Legislature or an Act of the Parliament of Canada even if the conviction or sentence is under appeal.

 

26.9(2)       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 during the period of suspension.

 

Prohibition during suspension

27(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.

 

27(2)          A police officer who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

 

Examination where no conduct complaint is filed

27.1            A chief of police may, on his or her 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.

 

Suspension of the processing of a conduct complaint

27.2(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.

 

27.2(2)       If the Commission suspends the processing of a conduct complaint by a chief of police, the period of time prescribed in subsection 25.1(4) is suspended during the period of suspension and resumes on the completion of the period of suspension.

 

Who processes a conduct complaint

27.3(1)       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.

 

27.3(2)       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.

 

27.3(3)       The provisions under Subdivision c apply, with the necessary modifications, to a complaint referred to the civic authority under subsection (2).

 

Notification of the police officer

27.4(1)       The chief of police shall give the police officer notice in writing of the substance of the conduct complaint immediately after he or she receives the conduct complaint under subsection 27.3(1).

 

27.4(2)       Notwithstanding subsection (1) and subject to subsection (4), the chief of police may withhold notification of the police officer if the chief of police determines that notification may jeopardize the processing of the conduct complaint.

 

27.4(3)       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.

 

27.4(4)       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.

 

Summary dismissal of a conduct complaint

27.5(1)       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.

 

27.5(2)       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.

 

Review of summary dismissal

27.6(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.

 

27.6(2)       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.

 

27.6(3)       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.

 

Informal resolution

27.7(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.

 

27.7(2)       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 his or her decision to attempt to resolve the complaint informally.

 

27.7(3)       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.

 

27.7(4)       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.

 

27.7(5)       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.

 

Statements

27.8(1)       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.

 

27.8(2)       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.

 

Review of the results of informal resolution

27.9            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 conduct an investigation.

 

Investigation

28(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.

 

28(2)          If a chief of police proceeds with an investigation under subsection (1), he or she shall give the complainant and the police officer notice in writing of such.

 

28(3)          The chief of police shall give the Commission notice in writing of his or her decision to proceed with an investigation under paragraph (1)(a) or (b).

 

Appointment of investigator

28.1(1)       If the chief of police conducts an investigation into a conduct complaint, the chief of police may

 

(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.

 

28.1(2)       Notwithstanding subsection (1), the chief of police shall, if he or she 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.

 

28.1(3)       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 appoint as an investigator a police officer of another police force who is of a higher rank than the police officer being investigated, or appoint an investigator from the list it establishes and maintains under section 26.2.

 

Investigation report

28.2(1)       Upon completion of an investigation, 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.

 

28.2(2)       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.

 

New investigation

28.3            The Commission may, if, in the opinion of the Commission the investigation was inadequate, order a new investigation by the chief of police or a chief of police of another police force.

 

Decision of the chief of police

28.4(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)          proceed to a settlement conference where the chief of police determines that there is sufficient evidence that the police officer committed a breach of the code.

 

28.4(2)       If the chief of police decides to take no further action under paragraph (1)(a), the chief of police shall give the police officer, complainant and Commission notice in writing of his or her decision and shall give the complainant notice in writing that he or she may request the Commission to review the decision.

 

Review of decision to take no further action

28.5            The Commission may, on its own motion, and shall, on the request of the complainant, review the decision of the chief of police to take no further action under paragraph 28.4(1)(a) and shall

 

(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 conduct a settlement conference.

 

Effect of decision to take no further action

28.6            If 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.

 

Notice of settlement conference

28.7(1)       If the chief of police decides to proceed to a settlement conference under paragraph 28.4(1)(b), or if the Commission orders the chief of police to conduct a settlement conference under paragraph 28.5(b), the chief of police shall:

 

(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 of the settlement conference and invite the complainant to attend.

 

28.7(2)       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 police officer does not attend the settlement conference, the chief of police shall serve a notice of arbitration hearing on the police officer.

 

Purpose of settlement conference

28.8            The 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 disciplinary and corrective measures.

 

Parties to a settlement conference

28.9(1)       The parties to a settlement conference are the police officer and the chief of police.

 

28.9(2)       The complainant may attend and make representations at a settlement conference.

 

Facilitator

29                The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement.

 

Representative

29.1            The police officer may attend a settlement conference with a representative who may act on his or her behalf.

 

Support person

29.2(1)       The complainant may be accompanied by a support person at a settlement conference.

 

29.2(2)       The support person may not make representations on behalf of the complainant without the consent of the parties.

 

Statements

29.3            No 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.

 

Settlement

29.4(1)       If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the disciplinary and corrective 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.

 

29.4(2)       The disciplinary and corrective 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.

 

29.4(3)       Subject to section 29.5, the settlement is final and binding on the parties.

 

29.4(4)       If, in the opinion of the chief of police, the parties to the settlement conference fail to reach a settlement within a reasonable period of time, the chief of police shall serve a notice of arbitration hearing on the police officer.

 

Review of settlement

29.5(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.

 

29.5(2)       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)      refer the matter back to the chief of police for 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.

 

Subdivision c

Complaints Concerning the Conduct of a Chief of Police

Temporary reassignment and suspension

29.6            Notwithstanding any other provision of this Act, a civic authority may reassign or suspend with pay 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 his or her regular duties.

 

Suspension without pay

29.7(1)       Notwithstanding any other provision of this Act or the regulations, a civic authority may suspend without pay a chief of police who is convicted of an offence under an Act of the Legislature or an Act of the Parliament of Canada even if the conviction or sentence is under appeal.

 

29.7(2)       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 during the period of suspension.

 

Prohibition during suspension

29.8(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.

 

29.8(2)       A chief of police who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

 

Examination where no conduct complaint is filed

29.9            A 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.

 

Suspension of the processing of a conduct complaint

30(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.

 

30(2)          If the Commission suspends the processing of a conduct complaint by a civic authority, the period of time prescribed in subsection 25.1(4) is suspended during the period of suspension and resumes on the completion of the period of suspension.

 

Investigation into an alleged offence

30.1(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.

 

30.1(2)       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.

 

30.1(3)       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.

 

Who processes a conduct complaint

30.2            If 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.

 

Notification of the chief of police

30.3(1)       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.

 

30.3(2)       Notwithstanding subsection (1) and subject to subsection (4), the civic authority may withhold notification of the chief of police if the civic authority determines that notification may jeopardize the processing of the conduct complaint.

 

30.3(3)       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.

 

30.3(4)       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.

 

Summary dismissal of a conduct complaint

30.4(1)       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.

 

30.4(2)       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.

 

Review of summary dismissal

30.5(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.

 

30.5(2)       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.

 

30.5(3)       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.

 

Informal resolution

30.6(1)       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.

 

30.6(2)       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.

 

30.6(3)       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.

 

30.6(4)       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.

 

30.6(5)       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.

 

Statements

30.7(1)       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.

 

30.7(2)       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.

 

Review of the results of informal resolution

30.8            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 conduct an investigation.

 

Investigation

30.9(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.

 

30.9(2)       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.

 

30.9(3)       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).

 

Appointment of investigator

31(1)          If the civic authority conducts an investigation into a conduct complaint, the civic authority shall appoint an investigator from the list established and maintained under section 26.2.

 

31(2)          If the Commission processes a conduct complaint or takes over from a civic authority the processing of a conduct complaint under section 26.1, it shall appoint an investigator from the list it establishes and maintains under section 26.2.

 

Investigation report

31.1(1)       Upon completion of an investigation, 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.

 

31.1(2)       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.

 

New investigation

31.2            The Commission may, if, in the opinion of the Commission the investigation was inadequate, order a new investigation by the civic authority.

 

Decision of the civic authority

31.3(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)          proceed to a settlement conference where the civic authority determines that there is sufficient evidence that the chief of police committed a breach of the code.

 

31.3(2)       If the civic authority decides to take no further action under paragraph (1)(a), the civic authority shall give the chief of police, complainant and Commission notice in writing of the decision of the civic authority and shall give the complainant notice in writing that he or she may request the Commission to review the decision.

 

Review of decision to take no further action

31.4            The Commission may, on its own motion, and shall, on the request of the complainant, review the decision of the civic authority to take no further action under paragraph 31.3(1)(a) and shall

 

(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 conduct a settlement conference.

 

Effect of decision to take no further action

31.5            If 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.

 

Notice of settlement conference

31.6(1)       If the civic authority decides to proceed to a settlement conference under paragraph 31.3(1)(b), or if the Commission orders the civic authority to conduct a settlement conference under paragraph 31.4(b), the civic authority shall:

 

(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 of the settlement conference and invite the complainant to attend.

 

31.6(2)       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 chief of police does not attend the settlement conference, the civic authority shall serve a notice of arbitration hearing on the chief of police.

 

Purpose of settlement conference

31.7            The 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 disciplinary and corrective measures.

 

Parties to a settlement conference

31.8(1)       The parties to a settlement conference are the chief of police and the civic authority.

 

31.8(2)       The complainant may attend and make representations at a settlement conference.

 

Facilitator

31.9            The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement.

 

Representative

32                The chief of police may attend a settlement conference with a representative who may act on his or her behalf.

 

Support person

32.1(1)       The complainant may be accompanied by a support person at a settlement conference.

 

32.1(2)       The support person may not make representations on behalf of the complainant without the consent of the parties.

 

Statements

32.2            No 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.

 

Settlement

32.3(1)       If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the disciplinary and corrective 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.

 

32.3(2)       The disciplinary and corrective 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.

 

32.3(3)       Subject to section 32.4, the settlement is final and binding on the parties.

 

32.3(4)       If, in the opinion of the civic authority, the parties to the settlement conference fail to reach a settlement within a reasonable period of time, the civic authority shall serve a notice of arbitration hearing on the chief of police.

 

Review of settlement

32.4(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.

 

32.4(2)       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)      refer the matter back to the civic authority for 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.

 

Subdivision d

Arbitration

Parties to an arbitration hearing

32.5            The parties to an arbitration hearing are, as the case may be,

 

(a)          the police officer and the chief of police, or

 

(b)          the chief of police and the civic authority.

 

Decision of the arbitrator

32.6(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 disciplinary or corrective measure prescribed by regulation.

 

32.6(2)       When imposing disciplinary or corrective measures, an arbitrator may have access to the service record of discipline of the member of a police force.

 

32.6(3)       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.

 

32.6(4)       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.

 

32.6(5)       The decision of the arbitrator is final and binding on the parties.

 

32.6(6)       The arbitrator shall give the parties, the Commission and the complainant, if any, notice in writing of his or her decision within fifteen days after the completion of the arbitration hearing.

 

Arbitrator maintains jurisdiction

32.7            If 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.

 

16                Section 33 of the Act is repealed and the following is substituted:

 

33(1)          When conducting an arbitration hearing under Part I.1 or III, an arbitrator has all the powers, privileges and immunities of a commissioner under the Inquiries Act and regulations under that Act, except the power to punish for contempt, and may certify a contempt in accordance with section 33.05.

 

33(2)          The procedural safeguards contained in the Inquiries Act and in the regulations under that Act apply to arbitration hearings under Parts I.1 and III.

 

17                The Act is amended by adding after section 33 the following:

 

33.01          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 and III.

 

33.02(1)     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.

 

33.02(2)     If the parties fail to appoint an arbitrator within the time prescribed in subsection (1), the Commission shall appoint an arbitrator from the list it establishes and maintains under section 33.01.

 

33.03          If the Commission serves a notice of arbitration hearing under Part III, it shall appoint an arbitrator from the list it establishes and maintains under section 33.01.

 

33.04          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),

 

(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.

 

33.05(1)     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 his or her custody, possession or control, or

 

(d)          disrupts or otherwise obstructs the arbitration hearing.

 

33.05(2)     An arbitrator may certify the contempt under subsection (1) to The Court of Queen's Bench of New Brunswick or a judge of the Court.

 

33.05(3)     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 he or she had been guilty of contempt of the Court or may suspend punishment on condition that the person attends, testifies or produces as required.

 

33.06          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 or III.

 

33.07          The Arbitration Act does not apply to an arbitration hearing under Part I.1 or III.

 

18                Section 33.1 of the Act is repealed and the following is substituted:

 

33.1            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:

 

(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.

 

19                Section 34 of the Act is repealed.

 

20                Paragraph 35.1(1)(b) of the English version of the Act is amended by striking out "chairman" and substituting "chair".

 

21                Section 38 of the Act is repealed and the following is substituted:

 

38                The Lieutenant-Governor in Council may make regulations

 

(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 disciplinary and corrective 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 discipline and corrective measures maintained by the Commission;

 

(g)          respecting the list of arbitrators established and maintained by the Commission;

 

(h)          prescribing procedures with respect to arbitration hearings under Part I.1 and III;

 

(i)           establishing the payment of costs, fees and expenses associated with investigations, settlement conferences and arbitration hearings under Parts I.1 and III;

 

(j)           respecting the confidentiality of the documents listed in sections 28.2 and 31.1 and the disclosure of information contained therein;

 

(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;

 

(w)          respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act.

 

Transitional provision

22                Where, before the commencement of this section, a complaint relating to the conduct of a member of a police force is filed under the Police Act with a board, a joint board or a council where a board or joint board has not been established, a chief of police or the Commission, all proceedings consequent to the filing of the complaint shall be dealt with in accordance with the Police Act as it existed immediately before the commencement of this section.

 

Commencement

23                This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

EXPLANATORY NOTES

 

Section 1

 

(1)          The French version of the Police Act is now entitled the Loi sur la police.

 

(2)          Transitional provision.

 

Section 2

 

(a)(i)      The existing definition is as follows:

 

"major violation" means a major violation of the code as set out by regulation;

 

(a)(ii)     The existing definition is as follows:

 

"minor violation" means a minor violation of the code as set out by regulation;

 

(a)(iii)    The existing definition is as follows:

 

"regional police service" means the provision of police services for a region;

 

(b)          The existing definition is as follows:

 

"board" means a board of police commissioners as established by subsection 7(1), and when used in section 1.1, subsections 6(1), 13(1), section 22, subsections 25(3), 25.01(2), 25.02(1), 26(3), 26(7), 26(8), 26(9), 26(10), sections 27, 28, 29, subsections 30(5), 33(1) and section 34 includes a joint board;

 

(c)           The existing definition is as follows:

 

"code" means the code of discipline prescribed by regulation;

 

(d)          The existing definition is as follows:

 

"chief of police" includes a police officer in charge of a police force and an acting chief of police;

 

(e)           The amendment is consequential on the amendments made in paragraph 2(g) of this amending Act.

 

(f)           The amendment is consequential on the amendments made in paragraph 2(g) of this amending Act.

 

(g)          Definitions are added.

 

Section 3

 

A correction is made to the French version.

 

Section 4

 

(a)          The amendment is consequential on the amendments made in paragraph 2(g) of this amending Act. The existing provision is as follows:

 

3.1(1)         In this section

 

"civic authority" means

 

(a)          a council, where a board of police commissioners has not been established under subsection 7(1) or where a joint board of police commissioners has not been established under section 17.1,

 

(b)          a board of police commissioners established under subsection 7(1), or

 

(c)           a joint board of police commissioners established under section 17.1.

 

(b)          Corrections are made to the French version.

 

(c)           Corrections are made to the French version.

 

Section 5

 

A correction is made to the French version.

 

Section 6

 

The existing provision is as follows:

 

7(5)             The Board shall select a chairman from among its members.

 

Section 7

 

(a)          A correction is made to the French version.

 

(b)          A correction is made to the French version.

 

Section 8

 

(a)          A correction is made to the French version.

 

(b)          The existing provision is as follows:

 

17.1(2)       The agreement shall make provision for…

 

(h)          selecting a chairman of the joint board;

 

Section 9

 

(a)          A correction is made to the French version.

 

(b)          A correction is made to the French version.

 

Section 10

 

A new Part is added.

 

Section 11

 

(a)          The existing provision is as follows:

 

18(1)          There shall be a New Brunswick Police Commission appointed by the Lieutenant-Governor in Council composed of a chairman, a vice-chairman 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.

 

(b)          The existing provision is as follows:

 

18(2.1)       If the chairman is absent or unable to act or if the office of chairman is vacant, the vice-chairman shall act as chairman and while so acting may exercise the powers and perform the duties of the chairman under this Act.

 

(c)           The existing provision is as follows:

 

18(2.2)       The chairman may assign to the vice-chairman the powers and duties of the chairman under this Act.

 

(d)          The existing provision is as follows:

 

18(8)          The appointment of the chairman or any member of the Commission may be terminated by the Lieutenant-Governor in Council for cause.

 

Section 12

 

The existing provision is as follows:

 

19(3)          Notwithstanding subsection (2) the chairman of the Commission may exercise and perform, and may authorize one or more members of the Commission to exercise and perform, the powers and duties of the Commission under section 22.

 

Section 13

 

The amendment is consequential on the amendment made in section 15 of this amending Act. The existing provision is as follows:

 

22(1)          Subject to subsection 26(2) where a person has a complaint relating to any aspect of the policing of any area of the Province he may state his complaint in writing to the chairman of the Commission.

 

Section 14

 

New provision.

 

Section 15

 

Part III is repealed and replaced with a new Part III.

 

Section 16

 

The existing provision is as follows:

 

33(1)          The Commission, an arbitration board established in accordance with this Act, a board, council, chief of police or police officer authorized by a chief of police to conduct a hearing, when conducting any hearing or appeal, as the case may be, under this Act, is vested with all the powers and privileges of commissioners under the Inquiries Act and regulations thereunder except the power to punish for contempt, and may certify a contempt in accordance with section 34.

 

33(2)          The procedural safeguards contained in the regulations under the Inquiries Act apply to any hearing or appeal conducted under this Act in so far as they are not inconsistent with the provisions of this Act or the regulations.

 

Section 17

 

New provisions.

 

Section 18

 

The existing provision is as follows:

 

33.1            The chairman, vice-chairman or a member of the Commission is not personally liable for anything in good faith done or omitted to be done by the chairman, vice-chairman or a member of the Commission while acting under the authority of this Act or the regulations.

 

Section 19

 

The existing provision is as follows:

 

34                Where so authorized under this Act, the Commission, an arbitration board established in accordance with this Act, a board, a council, a chief of police or a police officer authorized by a chief of police to conduct a hearing may, in conducting a hearing, find a person who

 

(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 book, paper or document in his custody or control, or

 

(d)          disrupts or otherwise obstructs the hearing,

 

to be in contempt, and may certify the contempt to The Court of Queen's Bench of New Brunswick or a Judge thereof, whereupon 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 he had been guilty of contempt of the Court or suspend punishment on condition that the person attends, testifies or produces as required.

 

Section 20

 

The existing provision is as follows:

 

35.1(1)       Every order or other document issued or made under this Act shall be signed…

 

(b)          by the chairman or by any other member of the Commission if made or issued by the Commission.

 

Section 21

 

The existing provision is as follows:

 

38                The Lieutenant-Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

 

(a)          prescribing forms of oaths required to be taken under this Act;

 

(b)          prescribing a code of discipline applying to all members of police forces within the Province;

 

(c)           prescribing the records, reports, returns, books and accounts to be kept and made by police forces or members thereof;

 

(d)          prescribing the method of accounting for fees and costs and other money that comes into the hands of members of police forces;

 

(e)           prescribing procedures with respect to hearings, appeals and investigations;

 

(f)           respecting the confidentiality of police files, investigations, or briefs and the disclosure of information contained therein;

 

(f.1)        respecting information and statistical data to be submitted by chiefs of police to the Minister;

 

(f.2)        defining "investigator" for the purpose of Parts II and III of this Act;

 

(g)          providing a procedure for the disposition of personal property found or coming into the possession of police officers under section 37;

 

(g.1)       establishing a uniform rank structure for police forces;

 

(g.2)       establishing minimum standards of training and other qualifications for the appointment and promotion to each rank;

 

(g.3)       establishing minimum standards for operational and administrative procedures for police forces;

 

(g.4)       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;

 

(g.5)       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;

 

(g.6)       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;

 

(g.7)       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;

 

(h)          Repealed: 1988, c.64, s.10.

 

(i)           generally, as he considers necessary for the purposes of carrying out the provisions of this Act.

 

Section 22

 

Transitional provision.

 

Section 23

 

Commencement.