BILL 3

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:

1Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended

(a)in the definition "board'' by striking out "joint board'' and substituting "joint board, and an interim policing authority where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b)'';

(b)by adding after the definition "council'' the following:

"interim policing authority'' means an interim policing authority referred to in section 5.3;

"interim regional police force'' means an interim regional police force provided and maintained pursuant to paragraph 5.2(2)(b) but does not include the Royal Canadian Mounted Police;

(c)by adding after the definition "member of a police force'' the following:

"member of an interim regional police force'' means a person appointed or deemed to be appointed to an interim regional police force under section 5.4;

(d)in the definition "police force'' by striking out "region'' and substituting "region and, unless the context requires otherwise, includes an interim regional police force'';

(e)in the definition "police officer'' by striking out "11 or 17.3'' and substituting "11 or 17.3 or appointed by an interim policing authority, where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b)'';

(f)by adding after the definition "police officer'' the following:

"police services'' means the provision of police protection by means of

(a)entering into an arrangement or agreement, as the case may be, under section 4, paragraph 5.2(2)(a), section 17.01 or 17.1 in respect of the provision of police protection, or

(b)the provision and maintenance of a police force;

(g)by repealing the definition "region'' and substituting '' the following:

region'' means

(a)a region defined under an agreement entered into under section 17.01 or 17.1, or

(b)for the purposes of section 5.2, the territorial limits of two or more municipalities;

(h)by adding after the definition "region'' the following:

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

"regional policing authority'' means a regional policing authority established under section 17.01.

2Subsection 1.1(2) of the Act is amended

(a)in paragraph (a) by striking out "police forces and'' and substituting "police forces, an interim policing authority and'';

(b)in paragraph (b) in the portion preceding subparagraph (i) by striking out "police forces and'' and substituting "police forces, an interim policing authority and''.

3Section 2 of the Act is amended by adding after subsection (1) the following:

2(1.1)The Lieutenant-Governor in Council may enter into agreements for the employment of persons to serve the Royal Canadian Mounted Police.

4Section 3 of the Act is amended

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

3(1)Subject to section 5.2, every municipality shall be responsible for providing and maintaining adequate police services within the municipality.

(b)by repealing subsection (2) and substituting the following:

3(2)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.

5The Act is amended by adding after section 5 the following:

5.1(1)With the approval of the Lieutenant-Governor in Council, the Minister may, for the purpose of establishing a regional police service, request a municipality to

(a)enter into an agreement under section 17.01, or

(b)enter into an agreement under section 17.1.

5.1(2)When making a request under subsection (1), the Minister shall indicate

(a)the other municipalities and parties who should be party to the agreement, and

(b)the time within which the request is to be met.

5.1(3)Where a municipality does not meet the request within the period specified under paragraph (2)(b), the Minister may grant an extension of time for the purpose of compliance with the request.

5.2(1)Notwithstanding that a request has or has not been made under section 5.1 and notwithstanding any other provision of this Act or any other public or private Act or any municipal charter, a regional police service as described in either paragraph (2)(a) or (b) may be provided and maintained under Schedule A for the municipalities referred to in Schedule A.

5.2(2)Schedule A shall make provision for a regional police service by way of

(a)an arrangement or agreement with the Government of Canada for the policing of the municipalities by the Royal Canadian Mounted Police, and may make provision for the taking over of the members of the police force of the municipality or municipalities by the Royal Canadian Mounted Police, which arrangement or agreement shall be administered by an interim policing authority, or

(b)the provision and maintenance of an interim regional police force by an interim policing authority.

5.2(3)On the commencement of Schedule A,

(a)the responsibility for the provision and maintenance of police protection in the municipalities referred to in Schedule A reverts to and vests in the Province,

(b)the police force of a municipality referred to in Schedule A is abolished and ceases to exist and all appointments of members of that police force are revoked, and

(c)a municipality referred to in Schedule A has no authority under this Act or any other public or private Act or any municipal charter to provide and maintain police services within the municipality.

5.2(4)Where a regional police service is provided and maintained under subsection (1), the cost incurred in respect of any action taken under this section, as determined by an interim policing authority, including the cost of providing police services to a municipality

(a)is a debt owed to Her Majesty that shall be proportionately charged to the municipalities 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,

(b)shall be deemed to be a cost incurred by the municipality,

(c)shall be included by the municipality as part of the estimate of the money required for the operation of the municipality, and

(d)shall be raised by taxation by the municipalities.

5.2(5)The Lieutenant-Governor in Council, with the consent of the Solicitor General of Canada, may assign any or all rights, powers, privileges, debts, obligations, liabilities, duties and responsibilities under an arrangement or agreement entered into under paragraph (2)(a) to a municipality or municipalities or to a regional policing authority, and on the date that the assignment is made all such rights, powers, privileges, debts, obligations, liabilities, duties and responsibilities are, without further action, vested in the municipality or municipalities or regional policing authority.

5.3(1)An interim policing authority established under Schedule A shall consist of at least three persons appointed by the Minister, one of whom shall be appointed as chairperson.

5.3(2)A vacancy on an interim policing authority shall not affect its power to act.

5.3(3)Where a member of an interim policing authority is unable to carry out the duties of a member by reason of illness, absence or suspension, the Minister may designate another person to act as a member of the interim policing authority during the illness, absence or suspension of the member.

5.3(4)The Minister may provide a reasonable remuneration for members of an interim policing authority.

5.3(5)A member of an interim policing authority shall not be personally liable for acts performed in good faith in the performance or intended performance of the member's duties.

5.3(6)An interim 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 made with the Commission.

5.3(7)Any rule made under subsection (6) may be inspected at and a copy obtained from the office of the interim policing authority or of the Commission.

5.3(8)A majority of the members of an interim policing authority constitutes a quorum.

5.3(9)A meeting of an interim policing authority shall be open to the public except where, in the opinion of the interim policing authority, it is not in the public interest.

5.3(10)An interim policing authority may administer an arrangement or agreement referred to in subsection 2(1.1) and paragraph 5.2(2)(a).

5.3(11)An interim policing authority may

(a)acquire, deal with and dispose of real and personal property,

(b)enter into contracts, and

(c)sue and be sued.

5.4(1)Where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b), the interim policing authority, subject to its budget, shall

(a)appoint a chief of police,

(b)provide the interim regional police force with such accommodation, arms, equipment, clothing and other items as the interim policing authority considers necessary, and

(c)appoint police officers to the interim regional police force from candidates recommended by the chief of police under paragraph (2)(a) or may by resolution authorize the chief of police to appoint police officers.

5.4(2)The chief of police, on behalf of the interim policing authority,

(a)shall recommend to the interim policing authority candidates for appointment as police officers, or, where authorized by the interim policing authority, may appoint police officers, and

(b)may employ for the interim regional police force such employees as the interim policing authority considers adequate.

5.4(3)Where an interim regional police force is provided pursuant to paragraph 5.2(2)(b), persons who, immediately prior to the provision of the interim regional police force, were

(a)members of a police force, or

(b)employed to serve a police force,

of a municipality referred to in Schedule A shall be deemed to be, respectively,

(c)members of the interim regional police force provided pursuant to paragraph 5.2(2)(b) and appointed as police officers under this Act, or

(d)employed to serve the interim regional police force provided pursuant to paragraph 5.2(2)(b).

5.4(4)An interim policing authority shall be deemed to be the employer of the members of an interim regional police force and persons employed to serve an interim regional police force provided and maintained pursuant to 5.2(2)(b) in matters relating to labour relations.

5.4(5)Where, pursuant to subsections (3) and (4), an interim policing authority becomes the successor employer of a person who was formerly an employee of a municipality referred to in Schedule A or of any board formerly acting for such municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.

5.4(6)Where the members and employees of the police forces of two or more municipalities referred to in Schedule A become the employees of an interim policing authority pursuant to this section, subsection 60(11) of the Industrial Relations Act applies with the necessary modifications.

5.4(7)An interim policing authority shall be deemed to be a civic authority for the purposes of section 3.1.

5.5(1)Where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b), an interim policing authority shall

(a)prepare a proposed budget, being an estimate of the money required from the date of the initial provision of the interim regional police force until the beginning of the municipalities' fiscal year and thereafter on an annual basis in order to provide remuneration for the members and employees of the interim regional police force and to provide for the accommodation, arms, equipment, clothing and all other expenses for the use and maintenance of the interim regional police force and the interim policing authority, and

(b)forward the proposed budget to the Minister for approval.

5.5(2)An interim policing authority shall provide to the Minister, at intervals determined by the Minister or on the request of the Minister after reasonable notice, a financial statement showing the current financial position of the interim regional police force as compared with its budget.

5.6(1)An interim policing authority is liable in respect of a tort committed by a member of the interim regional police force in the performance or purported performance of the member's responsibilities under section 12 in the same manner as a master is liable in respect of a tort committed by the master's servant in the course of the servant's employment.

5.6(2)An interim policing authority may, in such cases and to such extent as it thinks fit, pay any damages or costs awarded against a member of an interim regional police force in respect of a tort committed by the member of the interim regional police force in the performance or purported performance of the member's responsibilities under section 12, any costs incurred and not recovered by the member of an interim regional police force in any such proceeding and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

6Section 8 of the Act is amended

(a)in subsection (1) by striking out "4 or 17.1'' and substituting "4, 17.01 or 17.1 or where an interim policing authority has been established'';

(b)by repealing subsection (2) and substituting the following:

8(2)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.

7Subsection 11(1) of the Act is amended in the portion preceding paragraph (a) by striking out "4 or 17.1'' and substituting "4, 17.01 or 17.1 or where an interim policing authority has been established''.

8The Act is amended by adding after section 17 the following:

17.01(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.

17.01(2)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 service 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.

17.01(3)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.

17.02(1)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.

17.02(2)Where a regional policing authority enters into an arrangement or agreement under subsection (1),

(a)the police force of a municipality that is a party to an agreement under section 17.01 is abolished and ceases to exist on the date the arrangement or agreement under subsection (1) is entered into, and

(b)all appointments of members of that police force are revoked on the date the arrangement or agreement under subsection (1) is entered into.

17.02(3)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.

17.02(4)For the purposes of subsection (1) and 5.2(5), a regional policing authority shall be deemed to be a municipality.

17.03(1)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.

17.03(2)The following persons shall be entitled to a severance payment of four weeks' pay for each year of service to a maximum of seventy-eight weeks from their former employers who are parties to the agreement under section 17.01:

(a)persons who immediately before the abolition of the police force under section 17.02 were members of that police force and who are not subsequently employed by the Royal Canadian Mounted Police or by a municipality that is a party to an agreement under section 17.01;

(b)persons who immediately before the abolition of the police force under section 17.02 were employed to serve that police force and

(i)whose employment is terminated by the municipality, and

(ii)who are not subsequently employed by a municipality that is a party to an agreement under section 17.01;

(c)persons who were employed by a municipality to serve the Royal Canadian Mounted Police pursuant to an agreement under paragraph 4(b) that was terminated as a result of entering into an arrangement or agreement under section 17.02 and

(i)whose employment is terminated by the municipality, and

(ii)who are not subsequently employed by a municipality that is a party to an agreement under section 17.01.

17.04(1)Where the police force of a municipality is abolished under section 17.02, the provisions of a collective agreement between that municipality or a board established for that municipality, as the case may be, as employer and a trade union representing the members of a police force shall cease to apply to that municipality or the board established for that municipality in respect of the members of the police force as of the date of the arrangement or agreement under section 17.02, and henceforth from that date the provisions of the collective agreement are void and shall be of no force or effect in relation to their application to the municipality or a board established for that municipality as employer in respect of the members of the police force except those provisions that relate to voluntary termination or retirement by a member of a police force.

17.04(2)Where the police force of a municipality is abolished under section 17.02, the provisions of a collective agreement between that municipality or a board established for that municipality, as the case may be, as employer and a trade union representing the persons employed to serve a police force shall not apply so as to restrict or prohibit the municipality, as a result of entering into the arrangement or agreement under section 17.02, from

(a)eliminating a position, job description, job classification, working unit, division or department, in whole or in part, or reducing the total number of positions filled or maintained under the collective agreement,

(b)contracting out work performed by persons employed to serve the police force,

(c)laying-off, dismissing or discharging persons employed to serve the police force,

(d)creating a new position, new job description, new job classification, new working unit, new division or new department,

(e)transferring to another position a person employed to serve a police force whose position has been eliminated, or

(f)employing in a vacant position or a new position or a new job classification a person whose position with another municipality has been eliminated, and in such case, giving recognition to years of service with such other municipality in determining pay and fringe benefits.

17.04(3)Where an agreement under section 4 is terminated as a result of a municipality entering into an arrangement or agreement under section 17.02, the provisions of a collective agreement between that municipality or a board established for that municipality, as the case may be, as employer and a trade union representing persons employed to serve the Royal Canadian Mounted Police shall not apply so as to restrict or prohibit the municipality, as a result of entering into the arrangement or agreement under section 17.02, from

(a)eliminating a position, job description, job classification, working unit, division or department, in whole or in part, or reducing the total number of positions filled or maintained under the collective agreement,

(b)contracting out work performed by persons employed to serve the Royal Canadian Mounted Police,

(c)laying-off, dismissing or discharging persons employed to serve the Royal Canadian Mounted Police,

(d)creating a new position, new job description, new job classification, new working unit, new division or new department,

(e)transferring to another position a person employed to serve the Royal Canadian Mounted Police whose position has been eliminated, or

(f)employing in a vacant position or a new position or a new job classification a person whose position with another municipality has been eliminated, and in such case, giving recognition to years of service with such other municipality in determining pay and fringe benefits.

17.04(4)No action, application or other proceeding shall be instituted in relation to the wrongful dismissal or constructive dismissal of a member of a police force of a municipality whose police force is abolished if the member of the police force

(a)is subsequently employed by the Royal Canadian Mounted Police pursuant to an arrangement or agreement under subsection 17.02(1) or by a municipality that is a party to an agreement under section 17.01, or

(b)is entitled to a severance payment under subsection 17.03(2).

17.04(5)No action, application or other proceeding shall be instituted in relation to the wrongful dismissal or constructive dismissal of a person employed by a municipality to serve a police force or the Royal Canadian Mounted Police if that person is

(a)subsequently employed by a municipality that is a party to an agreement under section 17.01, or

(b)entitled to a severance payment under subsection 17.03(2).

17.05(1)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.

17.05(2)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 Municipalities, Culture and Housing on request after reasonable notice,

a report showing the current financial position of the police service as compared with its budget.

17.05(3)A regional policing authority shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor and the provisions of section 82 of the Municipalities Act respecting municipal audits apply with the necessary modifications to a regional policing authority and an auditor appointed by a regional policing authority.

17.05(4)An appointment to a regional policing authority shall be for a period not exceeding three years, but when a person appointed to a regional policing authority ceases to maintain his or her ordinary residence within the municipality or region in respect of which he or she has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the regional policing authority shall declare his or her position to be vacant, in which case a new appointment shall be made.

17.05(5)A member of a regional policing authority may be reappointed for one additional term not exceeding three years.

17.05(6)A vacancy on a regional policing authority shall not affect its power to act.

17.05(7)Where a member of a regional policing authority is unable to carry out the duties of a member by reason of illness or absence, 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.

17.05(8)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 mayor of the municipality which the member represents.

17.05(9)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.

17.05(10)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.

17.05(11)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.

17.05(12)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.

17.05(13)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 Commission.

17.05(14)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 Commission.

17.05(15)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.

17.06(1)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.

17.06(2)The proposed budget shall be forwarded to the parties to the agreement forming the regional policing authority for approval pursuant to the agreement.

17.06(3)Each year by the 15th day of November, a regional policing authority shall submit to the Minister of Municipalities, Culture and Housing for the Minister's approval the budget as approved by the parties to the agreement.

17.06(4)Where the parties to the agreement do not approve the proposed budget, the Minister of Municipalities, Culture and Housing may fix a final budget for a regional policing authority.

17.07(1)Where the Lieutenant-Governor in Council determines that a regional policing authority is not discharging its obligations pursuant to the agreement establishing the same or that, for any reason, the police services provided within a region are inadequate, the Lieutenant-Governor in Council, upon the recommendation of the Commission, may take action to provide what it considers to be adequate police services within that region and the cost of providing such police services is a debt owed to Her Majesty 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.

17.07(2)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.

9Paragraph 17.1(2)(l) of the Act is amended by striking out "members or employees of police forces of municipalities that are parties to the agreement who, by virtue of this Act, will become members or employees of'' and substituting "members or persons employed to serve an interim regional police force and members and 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''.

10Subsection 17.2(1) of the Act is repealed and the following is substituted:

17.2(1)Where a joint board is established, the joint board shall provide and maintain an adequate police force within the region defined in the agreement.

11Section 17.3 of the Act is amended by adding after subsection (4) the following:

17.3(5)Where a police force for a region is established, persons who, immediately prior to the establishment of the police force, were

(a)members of an interim regional police force, or

(b)employed to serve an interim regional police force,

shall be deemed to be, respectively,

(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.

12Section 17.5 of the Act is amended by adding after subsection (3) the following:

17.5(4)Where, pursuant to subsection 17.3(5) and subsection (1), the joint board becomes the successor employer of a person who was formerly an employee of an interim policing authority, section 60 of the Industrial Relations Act applies with the necessary modifications.

13The Act is amended by adding after section 33.1 the following:

33.2For 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

(a)any other public Act or regulation made under a public Act, including the Industrial Relations Act and regulations made under the Industrial Relations Act, and

(b)any private Act, or municipal charter or by-law made under a private Act or municipal charter.

14The Act is amended by adding after section 35.1 the following:

35.2The Regulations Act does not apply to a rule made under subsection 5.3(6), 7(13), 17.05(13) or 17.2(12).

15The Act is amended by adding after section 38 the following:

38.1(1)The Lieutenant-Governor in Council may, by regulation, repeal Schedule A.

38.1(2)On the repeal of Schedule A, the responsibility for the provision and maintenance of police protection in the municipality reverts to and vests in the municipality.

16The Act is amended by adding at the end of it the following Schedule:

Schedule A

1A regional police service for the municipalities of Moncton, The Town of Riverview and Dieppe shall be provided and maintained by way of arrangement or agreement between the Lieutenant-Governor in Council and the Government of Canada for the policing of the municipalities of Moncton, The Town of Riverview and Dieppe by the Royal Canadian Mounted Police and such arrangement or agreement may make provision for the taking over of members of the Moncton police force and the Dieppe police force.

2An interim policing authority is hereby established for the municipalities of Moncton, The Town of Riverview and Dieppe.

3The following persons shall be entitled to a severance payment of four weeks' pay for each year of service to a maximum of seventy-eight weeks from their former employer; namely Moncton, The Town of Riverview or Dieppe, as the case may be:

(a)persons who were members of the Moncton or Dieppe police force immediately before the commencement of this section and who are not subsequently employed by the Royal Canadian Mounted Police or by Moncton, The Town of Riverview or Dieppe;

(b)persons who were employed to serve the Moncton police force immediately before the commencement of this section and

(i)whose employment is terminated by Moncton, and

(ii)who are not subsequently employed by Moncton, The Town of Riverview or Dieppe;

(c)persons who were employed to serve the Dieppe police force immediately before the commencement of this section and

(i)whose employment is terminated by Dieppe, and

(ii)who are not subsequently employed by Moncton, The Town of Riverview or Dieppe; and

(d)persons who were employed by The Town of Riverview to serve the Royal Canadian Mounted Police immediately before the commencement of this section and

(i)whose employment is terminated by the Town of Riverview, and

(ii)who are not subsequently employed by Moncton, The Town of Riverview or Dieppe.

4(1)On the commencement of section 1 of this Schedule, the collective agreement and memorandum of agreement between Moncton and Canadian Union of Public Employees, Local No. 490, dated May 29, 1995 and June 19, 1997, are void and shall be of no force and effect.

4(2)Notwithstanding subsection (1), Moncton shall be bound by those provisions of the collective agreement that relate to the voluntary termination or retirement of a member of a police force.

4(3)On the commencement of section 1 of this Schedule, the collective agreement between Dieppe and Canadian Union of Public Employees, Local No. 2754, dated November 27, 1996, is void and shall be of no force and effect.

4(4)Notwithstanding subsection (3), Dieppe shall be bound by those provisions of the collective agreement that relate to the voluntary termination or retirement of a member of a police force or a person employed to serve the police force.

4(5)On the commencement of section 1 of this Schedule, the provisions of the collective agreement and memorandum of agreement between Moncton and The City Hall Employees' Association, dated June 13, 1994, and Feburary 22, 1996, shall not apply so as to restrict or prohibit Moncton, as a result of action taken under section 5.2 of the Act and section 1 of this Schedule, from

(a)eliminating a position, job description, job classification, working unit, division or department, in whole or in part, or reducing the total number of positions filled or maintained under the collective agreement,

(b)contracting out work performed by persons employed to serve the Moncton police force,

(c)laying-off, dismissing or discharging persons employed to serve the Moncton police force,

(d) creating a new position, new job description, new job classification, new working unit, new division or new department,

(e)transferring to another position a person employed to serve the Moncton police force whose position has been eliminated, or

(f)employing in a vacant position or a new position or a new job classification a person whose position with another municipality has been eliminated and in such case, giving recognition to years of service with such other municipality in determining pay and fringe benefits.

4(6)On the commencement of section 1 of this Schedule, the provisions of the collective agreement between The Town of Riverview and Canadian Union of Public Employees, Local Union No. 2162, dated September 9, 1996, shall not apply so as to restrict or prohibit The Town of Riverview, as a result of action taken under section 5.2 of the Act and section 1 of this Schedule, from

(a)eliminating a position, job description, job classification, working unit, division or department, in whole or in part, or reducing the total number of positions filled or maintained under the collective agreement,

(b)contracting out work performed by persons employed to serve the Royal Canadian Mounted Police,

(c)laying-off, dismissing or discharging persons employed to serve the Royal Canadian Mounted Police,

(d)creating a new position, new job description, new job classification, new working unit, new division or new department,

(e)transferring to another position a person employed to serve the Royal Canadian Mounted Police whose position has been eliminated, or

(f)employing in a vacant position or a new position or a new job classification a person whose position with another municipality has been eliminated, and in such case, giving recognition to years of service with such other municipality in determining pay and fringe benefits.

4(7)The provisions of any agreement, other than a collective agreement, between Moncton or Dieppe as employer and a member of a police force are void and shall be of no force or effect.

4(8)Notwithstanding subsection (7), Moncton and Dieppe shall be bound by those provisions of an agreement that relate to the voluntary termination or retirement of a member of a police force.

5(1)No action, application or other proceeding shall be instituted in relation to the wrongful dismissal or constructive dismissal of a person who immediately before the commencement of this subsection was a member of the Moncton or Dieppe police force if that member is

(a)subsequently employed by the Royal Canadian Mounted Police or by either Moncton, The Town of Riverview or Dieppe, or

(b)entitled to a severance payment under section 3 of this Schedule.

5(2)No action, application or other proceeding shall be instituted in relation to the wrongful dismissal or constructive dismissal of a person who immediately before the commencement of this subsection was employed by Moncton or Dieppe to serve a police force or by The Town of Riverview to serve the Royal Canadian Mounted Police if that person is

(a)subsequently employed by either Moncton, The Town of Riverview or Dieppe, or

(b)entitled to a severance payment under section 3 of this Schedule.

6If persons are to be employed by Moncton, The Town of Riverview or Dieppe to serve the Royal Canadian Mounted Police, the persons, who immediately before the commencement of this section, were employed to serve the Moncton or Dieppe police forces or were employed by The Town of Riverview to serve the Royal Canadian Mounted Police shall be considered for such employment.

17Section 1 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended by adding after subsection (3.11) the following:

1(3.12)Notwithstanding subsection (3), for the purposes of this Act, where an interim policing authority established pursuant to section 5.3 of the Police Act is empowered to prescribe any term or condition of employment for police officers of an interim regional police force, as defined in that Act, the interim policing authority shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the interim policing authority excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

18Subsection 7(2) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed and the following is substituted:

7(2)Subject to the Police Act, a municipality shall provide the service of police protection.

19This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The definitions "board'', "police force'', "police officer'' and "region'' are revised and the definitions "interim policing authority'', ""interim regional police force'', "member of an interim police force'', "police services'', "regional police service'' and "regional policing authority'' are added.

Section 2

The existing provision is as follows:

1.1(2)For the purposes of subsection (1), the Minister may

(a)consult with and advise boards, councils, police forces and the Royal Canadian Mounted Police on matters relating to policing,

(b)provide to boards, councils, police forces 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,

Section 3

The Lieutenant-Governor in Council is authorized to enter into agreements for the employment of persons to serve the Royal Canadian Mounted Police.

Section 4

(a)The existing provision is as follows:

3(1)Every municipality shall be responsible for providing and maintaining adequate police services within the municipality.

(b)The existing provision is as follows:

3(2)Except where a municipality enters into an agreement as provided in section 4 or 17.1, every municipality shall provide and maintain an adequate police force and shall comply with the provisions of any collective agreement to which it is a party, and 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.

Section 5

The new sections 5.1 to 5.7 provide for the establishment of a regional police service by the Province.

Section 6

(a)The existing provision is as follows:

8(1)Subsection 7(1) does not apply to a municipality receiving services under an agreement entered into pursuant to section 4 or 17.1.

(b)The existing provision is as follows:

8(2)Where a board has been appointed prior to the execution of an agreement referred to in section 4 or 17.1, upon the execution of the agreement the board of the municipality acquiring the police force by such agreement 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.

Section 7

The existing provision is as follows:

11(1)Where a board has not been established for a municipality or a board has been established by a municipality and has been dissolved pursuant to subsection 7(15), the council, except where it has entered into an agreement under section 4 or 17.1,

(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.

Section 8

The new sections 17.01 to 17.07 authorize municipalities to establish a regional policing authority for the purpose of providing for the policing of the municipalities by the Royal Canadian Mounted Police.

Section 9

The existing provision is as follows:

17.1(2)The agreement shall make provision for

(l)the protection of existing pension and other rights and benefits of members or employees of police forces of municipalities that are parties to the agreement who, by virtue of this Act, will become members or employees of 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;

Section 10

The existing provision is as follows:

17.2(1)Notwithstanding subsection 3(1), where a joint board is established the joint board shall provide and maintain adequate police services within the region defined in the agreement.

Section 11

The new subsection 17.3(5) deems members of the interim regional police force and persons employed to serve the interim regional police force to be respectively, members of the police force for the region and persons employed to serve the police force for the region.

Section 12

The new subsection 17.5(4) provides that where the joint board becomes the successor employer of persons who were formerly employees of an interim policing authority, section 60 of the Industrial Relations Act applies.

Section 13

The new section 33.2 provides for the paramountcy of the Police Act in the event of a conflict or inconsistency with any other public or private act or a municipal charter.

Section 14

The new section 35.2 provides that the Regulations Act does not apply to a rule made under subsection 5.3(7), 7(13), 17.05(13) or 17.2(12).

Section 15

The Lieutenant-Governor in council is empowered with additional regulation making powers.

Section 16

Schedule A establishes a regional police service for the municipalities of Moncton, The Town of Riverview and Dieppe.

Section 17

The new subsection 1(3.12) provides that for the purposes of the Industrial Relations Act, where an interim policing authority established pursuant to section 5.3 of the Police Act is empowered to prescribe any term or condition of employment for police officers of an interim regional police force, as defined in that Act, the interim policing authority shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the interim policing authority excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

Section 18

The existing provision is as follows:

7(2)A municipality shall provide the service of police protection.

Section 19

Commencement provision.


Last Modified: 11:33am , November 26, 1997