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 Section 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 an interim policing authority where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b)" and substituting "joint board";

(b) by repealing the definition "interim policing authority";

(c) by repealing the definition "interim regional police force";

(d) by repealing the definition "member of an interim regional police force";

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

(f) in the definition "police officer" by striking out "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)" and substituting "11 or 17.3";

(g) in paragraph (a) of the definition "police services" by striking out "paragraph 5.2(2)(a),";

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

"region" means a region defined under an agreement entered into under section 17.01 or 17.1;

2 Subsection 1.1(2) of the Act is amended

(a) in paragraph (a) by striking out "an interim policing authority" and substituting "a regional policing authority";

(b) in paragraph (b) in the portion preceding subparagraph (i) by striking out "an interim policing authority" and substituting "a regional policing authority".

3 Subsection 3(1) of the Act is repealed and the following is substituted:

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

4 Section 5.1 of the Act is repealed.

5 Section 5.2 of the Act is repealed.

6 Section 5.3 of the Act is repealed.

7 Section 5.4 of the Act is repealed.

8 Section 5.5 of the Act is repealed.

9 Section 5.6 of the Act is repealed.

10 Subsection 8(1) of the Act is amended by striking out "or where an interim policing authority has been established".

11 Subsection 11(1) of the Act is amended in the portion preceding paragraph (a) by striking out "or where an interim policing authority has been established".

12 Section 17.02 of the Act is amended

(a) in subsection (4) by striking out "and 5.2(5)";

(b) by adding after subsection (4) the following:

17.02(5) Subsections (2) and (3) do not apply where an assignment was made under subsection 5.2(5), as subsection 5.2(5) existed prior to the commencement of this subsection.

13 Subsection 17.03(2) of the Act is repealed.

14 Section 17.04 of the Act is repealed.

15 Paragraph 17.1(2)(l) of the Act is amended by striking out "members or persons employed to serve an interim regional police force and members and".

16 Subsection 17.3(5) of the Act is repealed.

17 Subsection 17.5(4) of the Act is repealed.

18 Section 35.2 of the Act is amended by striking out "5.3(6),".

19 Section 38.1 of the Act is repealed.

20 Schedule A of the Act is repealed.

21 Subsection 1(3.12) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is repealed.

22 Notwithstanding any other provision of the Police Act, for the purpose of preparing for the repeal of Schedule A, Moncton, The Town of Riverview and Dieppe may perform all activities which are reasonably required to establish a regional policing authority to accept an assignment under subsection 5.2(5) of the Police Act, including entering into an agreement under section 17.01 of the Police Act.

23 For the purpose of greater certainty

(a) on the repeal of Schedule A of the Police Act, the responsibility for the provision and maintenance of police protection in Moncton, The Town of Riverview and Dieppe reverts to and vests in Moncton, The Town of Riverview and Dieppe respectively;

(b) the repeal of sections 5.1 to 5.6 and Schedule A of the Police Act does not revive any right, power, privilege, debt, obligation, liability, duty or responsibility

(i) under a collective agreement in force prior to the commencement of sections 5.1 to 5.6 and Schedule A of the Police Act, or

(ii) arising as a consequence of an employment relationship in place prior to the commencement of sections 5.1 to 5.6 and Schedule A of the Police Act.

24 Sections 1 to 21 and section 23 or any provision of those sections come into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a) 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, and an interim policing authority where an interim regional police force is provided and maintained pursuant to paragraph 5.2(2)(b);

(b) The existing definition is as follows:

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

 

(c) The existing definition is as follows:

"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;

 

 

 

 

 

(d) The existing definition is as follows:

"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;

 

 

(e) The existing definition is as follows:

"police force" means a police force established for a municipality or for a region and, unless the context requires otherwise, includes an interim regional police force, but does not include the Royal Canadian Mounted Police;

(f) The existing definition is as follows:

"police officer" means a police officer appointed pursuant to section 10, 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) and an auxiliary police officer, but does not include a member of the Royal Canadian Mounted Police or an auxiliary police constable;

(g) The existing definition is as follows:

"policing 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;

(h) The existing definition is as follows:

"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;

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, an interim policing authority and the Royal Canadian Mounted Police on matters relating to policing,

 

(b) provide to boards, councils, police forces, an interim policing authority and the Royal Canadian Mounted Police

 

(i) information and advice respecting the management and operation of police forces and the Royal Canadian Mounted Police in handling special problems, and

 

(ii) such other information as the Minister considers to be of assistance,

Section 3

The existing provision is as follows:

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

Section 4

The existing provision is as follows:

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.

Section 5

The existing provision is as follows:

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.

 

 

Section 6

The existing provision is as follows:

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.

Section 7

The existing provision is as follows:

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.

 

Section 8

The existing provision is as follows:

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.

Section 9

The existing provision is as follows:

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.

Section 10

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, 17.01 or 17.1 or where an interim policing authority has been established.

Section 11

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, 17.01 or 17.1 or where an interim policing authority has been established,

(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 12

(a) The existing provision is as follows:

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

 

(b) The new subsection 17.02(5) provides that subsections 17.02(2) and (3) do not apply when an assignment was made under subsection 5.2(4).

Section 13

The existing provision is as follows:

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.

 

Section 14

The existing provision is as follows:

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).

Section 15

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 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 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 16

The existing provision is as follows:

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.

Section 17

The existing provision is as follows:

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.

 

Section 18

The existing provision is as follows:

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

 

Section 19

The existing provision is as follows:

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.

Section 20

The existing Schedule is as follows:

Schedule A

1 A 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.

 

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

 

3 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 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.

6 If 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.

Section 21

The existing provision is as follows:

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.

 

Sections 22 and 23

Purpose provisions.

Section 24

Commencement provision.