BILL 63



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:

1The Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended by adding after section 25 the following:

25.01(1)Notwithstanding subsection 25(1), the chief of police may suspend with pay a member of a police force where the chief of police has reason to believe that the member has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada.

25.01(2)Notwithstanding subsection 25(1), a board or council may suspend with pay a chief of police where the board or council 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.

25.02(1)Notwithstanding any other provision of this Act or the regulations, the Commission on the request of a board or a council where a board has not been established or a chief of police or on its own motion may suspend the conduct of an investigation under this Act where the investigation will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.

25.02(2)Where the Commission directs that an investigation that was suspended be commenced anew, the counting of time for the completion of the investigation shall begin anew and shall be the time prescribed under the regulations for the completion of the investigation.

2Subsection 29(7) of the Act is repealed and the following is substituted:

29(7)Where an investigation under subsection (1) 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 board or council shall notify the Minister, who shall assign the conduct of the investigation to a member of the Royal Canadian Mounted Police or of a police force other than that of the chief of police to whom the investigation relates, and in such case the person authorized by the Minister to investigate shall submit to the board or council a report of the investigation.

3This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The new section 25.01 provides for the suspension of a police officer or a chief of police where a police officer or a chief of police is suspected of committing an offence.

The new section 25.02 provides for the suspension of an investigation under the Police Act where a police officer or a chief of police is suspected of committing an offence.

Section 2

The existing provision is as follows:

29(7)Where an investigation under subsection (1) will be or becomes an investigation into an alleged offence, the board or council shall notify the Minister, who shall assign the conduct of the investigation to a member of the Royal Canadian Mounted Police or of a police force other than that of the chief of police to whom the investigation relates, and in such case

(a)subsection (3) applies as though the investigation were being conducted by a board or a council;

(b)the person authorized by the Minister to investigate shall submit to the board or council a report of his investigation, and the board or council may, after a hearing, impose a sanction in accordance with subsection 26(9) or (10); and

(c)the board or council shall report to the Commission and notify the complainant in accordance with subsection (6), as though the investigation had been carried out by the board or council.

Section 3

Commencement provision

Chapter Outline Update

Section 1

Add after section 25 the following:

Suspension 25.01-25.02

Sections 2 and 3

No change required.

Endorse: Hon. Jane Barry


Last Modified: 03:10pm , February 17, 1998