Bill 16 — Second Session, 21 St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 16 Police Act the Solicitor General (Legislature 21, Session 2)

L21 S2 3063

Alberta — Bills

1987 BILL 16 Second Session, 21 st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 16 POLICE ACT THE SOLICITOR GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1987 (21st, 2nd) Bill 16, Police Act

Bill 16 BILL 16 1987 POLICE ACT (Assented to , 1987) Table of Contents

Definitions 1

Part 1 Administration Responsibility of Ministers 2 Responsibility of Government for policing 3 Responsibility for providing policing services 4 Director of Law Enforcement 5

Part 2 Law Enforcement Appeal Board Law Enforcement Appeal Board 6 Board Chairman 7 Vacancies on Board 8 Signing of documents 9 Board investigators 10 Board secretary 11 Annual report 12 Legal counsel 13 Powers of Board 14 Delegation of authority 15 Jurisdiction of the Board 16 Appeal to Court of Appeal 17 Conduct of Board business 18 Matters governing hearings, inquiries and appeals 19

Part 3 Police Services and Commissions Provincial police service 20 Municipal policing by another police service 21 Municipal policing committees 22 Regional police services 23 Regional police commissions 24 Responsibility of a regional police commission 25 Municipal police services 26 Municipal police commissions 27 Police budgets and plans 28 Solicitor General intervention 29 Commission’s responsibility 30 Police officers serving outside their municipality 31 1

Part 4 Police Officers, Auxiliary Constables and Special Constables Qualifications 32 Appointment of chiefs of police and police officers 33 Dismissals and lay-offs of police officers 34 Authority, duties and jurisdiction of police officers 35 Liability 36 Duties of chiefs of police 37 Auxiliary constables 38 Special constables 39

Part 5 Complaints and Discipline Complaints 40 Complaints re policies and services 41 Complaints re police officers 42 Complaints re chiefs of police 43 Conduct of hearing 44 Appeals to the Board 45 Complaints re RCMP 46 Complaints re auxiliary constables 47 Complaints re special constables 48 Use of evidence 49 Report of complaints 50

Part 6 General Lock-ups 51 Impersonating a police officer 52 Uniforms and insignia 53 Application to Court 54 General penalty 55 Service of documents 56 By-laws and resolutions 57 Police Officers Collective Bargaining Act 58 Lieutenant Governor in Council regulations 59 Solicitor General regulations 60 Transitional 61 Consequential 62 Repeal 63 Commencement 64 Schedules HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “auxiliary constable” means a person appointed as an auxil iary constable under

section 38; (b) “Board” means the Law Enforcement Appeal Board; (c) “Chairman” means the Chairman of the Board; (d) “commission” means a police commission established under

section 24 or 27; (e) “complaint” includes a public complaint; 2

(f) “council” means (

i) the council of a city, town, village, summer village, county or municipal district; (ii) the board of administrators of a new town; (iii) in the case of a hamlet, the council of the county or municipal district in which the hamlet is situated; (iv) in the case of an improvement district or a special area, the Minister of Municipal Affairs; (g) “Director” means the Director of Law Enforcement ap pointed under

section 5; (h) “municipal police service” means a police service established under

section 26; (i) “municipality” means a city, town, new town, village, sum mer village, county or municipal district; (j) “police officer” means an individual who is (

i) appointed under

section 33 as a police officer, or (ii) a member of the provincial police service; (k) “police service” means (

i) a regional police service; (ii) a municipal police service; (iii) the provincial police service; (l) “provincial police service” means the Royal Canadian Mounted Police where an agreement is entered into under

section 20(1); (m) “public complaint” means a complaint made under

Part 5 respecting a police service, police officer, auxiliary constable or special constable that is made by a person other than (

i) a member of a police service, (ii) a commission or a member of a commission, (iii) a special constable, (iv) the Director, or (

v) the Solicitor General; (n) "regional police service” means a police service established under

section 23; (o) "special constable” means a person appointed as a special constable under

section 39. 3

PART 1 ADMINISTRATION Responsibility of Ministers 2(1) The Solicitor General is charged with the administration of this Act.

(2) Notwithstanding anything in this Act, all police services and peace officers shall act under the direction of the Attorney General in re spect of matters concerning the administration of justice and the enforcement of those laws that the Government is required to en force. Responsibility of Government for policing 3 The Government of Alberta is responsible for ensuring that an adequate and effective level of policing is maintained throughout Alberta. Responsibility for providing policing services 4(1) As part of providing provincial policing services generally, (

a) every county and municipal district, and (

b) every town, new town, village or summer village with a pop ulation not greater than 1500, shall, subject to subsection (3), receive general policing services pro vided by the provincial police service at no direct cost to the town, new town, village, summer village, county or municipal district.

(2) Notwithstanding subsection (1), a municipality referred to in sub section (1) may, for the purposes of providing policing services spe cifically for the municipality, do one of the following: (

a) engage the provincial police service as a municipal police service subject to the sharing of costs as determined by the Sol icitor General; (

b) enter into an agreement for the provision of municipal pol icing services under

section 21; (

c) establish a regional police service under

section 23; (

d) establish a municipal police service under

section 26. (3) Subsection (1) does not apply to a municipality while it is receiv ing municipal policing services pursuant to subsection (2).

(4) A municipality receiving municipal policing services pursuant to subsection (2) shall not, without the prior consent of the Solicitor General, withdraw from or alter the type of policing service that it is receiving.

(5) A town, new town, village or summer village with a population greater than 1500 but less than 5000 shall, for the purposes of pro viding policing services specifically for the municipality, do one of the following: (

a) engage the provincial police service as a municipal police service subject to the sharing of costs as determined by the Sol icitor General; 4

(

b) enter into an agreement for the provision of municipal pol icing services under

section 21; (

c) establish a regional police service under

section 23; (

d) establish a municipal police service under

section 26.

(6) A city, town, new town, village or summer village with a popu lation of 5000 or more shall, for the purpose of providing policing services specifically for the municipality, do one of the following: (

a) enter into an agreement for the provision of municipal pol icing services under

section 21; (

b) establish a regional police service under

section 23; (

c) establish a municipal police service under

section 26.

(7) For the purposes of this Act the population of a city, town, new town, village or summer village shall be determined in accordance with

section 27 of the Property Tax Reduction Act.

(8) This Act and the regulations apply to (

a) a hamlet as if it were a village, and (

b) an improvement district or special area as if it were a munic ipal district. Director of Law Enforcement 5(1) In accordance with the Public Service Act there may be ap pointed a Director of Law Enforcement.

(2) The duties of the Director include the following: (

a) monitoring police services to ensure that adequate and effec tive policing is maintained both municipally and provincially; (

b) developing and promoting crime prevention programs; (

c) developing and promoting programs to enhance professional police practices, standards and training; (

d) assisting in the co-ordination of policing services; (

e) consulting with and advising councils, commissions, policing committees, chiefs of police and employers of special constables on matters relating to police and policing; (

f) developing, maintaining and managing programs and statis tical records and conducting research studies in respect of inci dence, offences and enforcement practices.

PART 2 LAW ENFORCEMENT APPEAL BOARD Law Enforcement Appeal Board6(1) The Lieutenant Governor in Council shall establish a board to be known as the ‘Law Enforcement Appeal Board” composed of not fewer than 3 members appointed by the Lieutenant Governor in Council.

(2) At least 1 member of the Board shall be a judge of the Court of Appeal or the Court of Queen’s Bench. 5

(3) A member of the Board shall be appointed for a term of not more than 3 years and is eligible for reappointment.

(4) Notwithstanding subsection (3), a member of the Board contin ues to hold office until he is reappointed or his successor is ap pointed.

(5) The members of the Board shall be paid (

a) fees or remuneration as prescribed by the Lieutenant Gover nor in Council, and (

b) expenses as prescribed by the regulations for subsistence and travelling while absent from their ordinary places of residence in the course of their duties as members of the Board. Board Chairman7(1) The Lieutenant Governor in Council shall designate one of the members of the Board who is a member of the judiciary as Chairman of the Board.

(2) In the case of illness, absence or other disability of the Chairman, the member in attendance with the longest period of service on the Board shall act in the place of the Chairman.

(3) For the purposes of subsection (2), if 2 or more persons have an equal period of service on the Board, the member in attendance named earliest in the order appointing the members shall act in place of the Chairman. Vacancies on Board 8(1) When any member of the Board (

a) is absent from Alberta, or (

b) in the opinion of the Lieutenant Governor in Council, is by reason of illness or any other cause incapable of performing his duties, the Lieutenant Governor in Council may by order appoint a person to act in the place of the absent or incapacitated member, on the terms and at the remuneration prescribed by the Lieutenant Gover nor in Council.

(2) The person appointed under subsection (1) has all the rights and powers of a member of the Board and may, during the period of time for which he is appointed, discharge the duties of a member of the Board. Signing of documents 9 An order or other document setting forth a decision, recommen dation or direction of the Board may be signed by the Chairman or acting Chairman and shall be admitted in evidence as prima facie proof (

a) that the decision, recommendation or direction is that of the Board, and (

b) that the person signing the order or other document was au thorized to do so at the time of the signing, without proof of the appointment of the person signing as Chairman or acting Chairman or of his signature. 6

Board investigators 10(1) In accordance with the Public Service Act there may be ap pointed a Board investigator, who shall, as directed by the Chairman, inquire into any matter that is of concern to the Board.

(2) Notwithstanding subsection (1), the Board may, subject to the approval of the Solicitor General, from time to time appoint 1 or more experts or persons who have special, technical or other knowl edge to act as Board investigators.

(3) A person appointed under subsection (2) shall be paid remuner ation and expenses as prescribed by the Solicitor General.

(4) For the purposes of carrying out an investigation under this Act, a Board investigator has the power to require the production of any document in the possession or under the control of a police service that may relate to the matter being investigated.

(5) If (

a) a Board investigator requires the production of a document under subsection (4), and (

b) the document is not produced, the investigator may apply to the Court of Queen’s Bench for an order directing that the document be produced to the investigator subject to any terms or conditions that the Court may prescribe. Board secretary11(1) The Solicitor General may appoint a secretary to the Board, who shall (

a) keep a record of all proceedings conducted before the Board; (

b) have the custody and care of the records and documents of the Board; (

c) act as a registrar of all notices of appeal and complaints re ceived by the Board; (

d) prepare reports required by the Solicitor General or the Chairman of the Board.

(2) A member of the Board may act as secretary in the absence of the secretary.

(3) If the secretary is not an employee of the Government, (

a) the Lieutenant Governor in Council shall prescribe the fees or remuneration to be paid to the secretary, and (

b) the secretary shall be paid expenses as prescribed by regula tion for subsistence and travelling while absent from his ordinary place of residence in the course of his duties as the secretary to the Board. Annual report After the end of each calendar year the Board shall file with the Solicitor General a report showing the number and nature of the hearings, appeals, inquiries and investigations that it held, summar ies of the findings made and any other matter that the Solicitor Gen eral directs. 7

Legal counsel13 On the request of the Board or the Chairman the Attorney Gen eral may appoint a lawyer to assist the Board in respect of a hearing, an appeal, an inquiry or an investigation. Powers of Board14 The Board and each member of the Board have (

a) all the powers of a commissioner appointed under the Public Inquiries Act, and (

b) the powers given to the Board under the regulations. Delegation of authority 15(1) Notwithstanding

section 18(4), the Board may, unless other wise directed by the Solicitor General, authorize in writing the Chair man or any other member of the Board to do any act or thing re quired or permitted to be done by the Board under this Act.

(2) A written authorization made under subsection (1) may be (

a) general or applicable to a particular case, and (

b) conditional or unconditional.

(3) Notwithstanding that the Board has given an authorization under this section, it may do the act or thing in respect of which the au thorization was given.

(4) Any decision or action taken by the Chairman or other member of the Board to whom an authorization is given under this

section is a decision or action of the Board and binds all the members of the Board. Jurisdiction of the Board 16(1) The Board shall (

a) conduct appeals by police officers from dismissal under sec tion 34(1), (

b) conduct appeals or inquiries into matters referred to the Board under

section 45, and (

c) at the request of the Solicitor General, conduct investigations or inquiries, as the case may be, in respect of any matter coming under the administration of this Act.

(2) Where a request is made by a commission under

section 45(4), the Board may investigate the matter referred to it, advise the com mission of its findings and give directions to the commission in re spect of the matter.

(3) If the Board is of the opinion that the actions of a police officer who is the subject of a hearing, appeal, inquiry or investigation may constitute an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, the Board shall refer the matter to the Attorney General.

(4) Notwithstanding that the actions of the police officer have been referred to the Attorney General under subsection (3), if the Board is of the opinion that those actions also constitute a contravention of the regulations governing the discipline or the performance of duty of police officers, the matter, as it relates to that contravention, may be proceeded with by the Board unless the Attorney General directs otherwise. 8

Appeal to Court of Appeal 17 The decision of the Board in respect of a matter appealed to it under

section 45 may, with the leave of the Court of Appeal, be appealed to the Court of Appeal on a question of law. Conduct of Board business 18(1) The Board shall hold meetings as it considers necessary.

(2) The Board may hold sittings and conduct hearings, appeals, in quiries or investigations, as the case may be, at any place in Alberta.

(3) The Chairman, or the secretary to the Board at the direction of the Chairman, may (

a) arrange for matters to be set down before the Board; (

b) adjourn matters set down before the Board; (

c) perform the administrative functions that are necessary to enable the Board to carry out its duties under this Act.

(4) For the purposes of conducting a hearing, an appeal or an inquiry under this Act, a quorum of the Board shall consist of 2 members of the Board. Matters governing hearings, inquiries and appeals 19(1) Subject to subsection (2), for the purpose of conducting a hear ing, an inquiry or an appeal before the Board the following applies: (

a) notice in writing of the time, place and purpose of the hear ing, appeal or inquiry shall be served on the person who is the subject of the hearing, appeal or inquiry at least 10 days before the commencement of the hearing, appeal or inquiry; (

b) a notice in writing of the time, place and purpose of the hearing, appeal or inquiry shall be served at least 10 days before the commencement of the hearing, appeal or inquiry on any other person, in addition to the person referred to in clause (a), as the Board directs; (

c) the Board has, with respect to the holding of a hearing, appeal or inquiry, the same power as is vested in the Court of Queen’s Bench for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence on oath or other wise, and (iii) to compel witnesses to produce documents, records and things; (

d) the Board may require (

i) the chief of police in respect of an investigation or a hear ing conducted under

section 42, or (ii) the person charged with the conduct of an investigation or a hearing under

section 42 or 43, to produce to the Board, prior to a hearing, appeal or inquiry, copies of all investigation reports, statements, correspondence or other documents or things relating to the matter; 9

(

e) if a person fails to attend, to answer questions or to produce an item as required under clause (

c) or (d), the Board may (

i) with respect to that person, exercise its power of contempt as provided under the Public Inquiries Act, or (ii) where it is unable to exercise the power of contempt re ferred to in subclause (i), apply to the Court of Queen’s Bench for an order committing that person for contempt in the same manner as if that person were in breach of an order or judg ment of that Court; (

f) the Board shall receive any evidence presented to it that is relevant to the matter being heard; (

g) in the case where the Board is conducting an appeal, the Board may (

i) receive new evidence that was not available, or (ii) refuse to receive new evidence if, in the opinion of the Board, that evidence was available but not presented, when the matter was initially heard or considered; (

h) the laws of evidence applicable to judicial proceedings apply; (

i) all oral evidence received shall be taken down in writing or recorded by electronic means; (

j) all the evidence taken down in writing or recorded by elec tronic means and all documentary evidence and things received in evidence at a hearing, appeal or inquiry form the record of the proceeding; (

k) the Board may (

i) from time to time adjourn matters that are before the Board, and (ii) in respect of an appeal, before or after the expiration of the time for service of a notice of appeal, extend the time for service for a further period not exceeding 30 days; (

l) a hearing, appeal or inquiry, as the case may be, shall be held in public; (

m) notwithstanding clause (l), a hearing, appeal or inquiry, or any portion of it, may be held in private if in the opinion of the Board it is in the public interest to do so; (

n) a person who is likely to be affected by a hearing, appeal or inquiry is entitled (

i) subject to clause (p), to appear before the Board, (ii) to make representations to the Board, and (iii) to be represented by a lawyer or an agent; (

o) a witness, other than one engaged by a police service, attend ing a proceeding before the Board is entitled to the same fees and allowances as a witness summoned to attend at the Provincial 10

Court unless otherwise provided for by a regulation made under this Act; (

p) notwithstanding clause (l), in conducting an appeal or an in quiry the Board may with the consent of the parties to the pro ceeding decline to hold a hearing in respect of the appeal or inquiry and base its decision on the record.

(2) Where the Board conducts an appeal under

section 45(2) or (3), the only provisions of subsection (1) that apply to the appeal are clauses (

a) to (

e) and (

k) to (n).

(3) Where the Board concludes an appeal (

a) in the case of an appeal commenced under

section 45(1) or (2), the Board may (

i) allow or dismiss the appeal, (ii) vary the decision being appealed, (iii) affirm or vary the punishment imposed, or (iv) take any other action that the Board considers proper in the circumstances, and (

b) in the case of an appeal commenced under

section 45(3), the Board may (

i) affirm the decision made under

section 44, (ii) direct that a hearing be conducted under

section 42(3) or 43(4), as the case may be, (iii) direct the chief of police to lay a charge under the regu lations governing the discipline or the performance of duty of police officers, (iv) direct the chief of police to have the matter investigated again, or (

v) take any other action that the Board considers proper in the circumstances.

(4) When the Board conducts a hearing, an inquiry or an appeal the following shall be informed in writing of the findings of the Board: (

a) the appellant in the case of an appeal commenced under sec tion 45(1); (

b) the complainant and the police officer against whom the com plaint is made in the case of an appeal commenced under sectior 45(2) or (3); (

c) the commission; (

d) the Solicitor General. 11

PART 3 POLICE SERVICES AND COMMISSIONS Provincial police service 20(1) The Lieutenant Governor in Council may, from time to time, authorize the Solicitor General on behalf of the Government of Alberta to enter into an agreement with the Government of Canada for the Royal Canadian Mounted Police to provide a provincial po lice service.

(2) When an agreement referred to in subsection (1) is in force, the Royal Canadian Mounted Police are responsible for the policing of all or any part of Alberta as provided for in the agreement.

(3) The Royal Canadian Mounted Police with respect to their duties as the provincial police service shall, subject to the terms of the agreement referred to in subsection (1), be under the general direction of the Solicitor General of Alberta in matters respecting the opera tions, policies and functions of the provincial police service other than those matters referred to in

section 2(2). Municipal policing by another police service 21(1) Subject to

section 4, the Government of Alberta may enter into an agreement with a council of a municipality for the provision of policing services to the municipality by the provincial police ser vice.

(2) Subject to the prior approval of the Solicitor General, a council of a municipality may enter into an agreement with (

a) the Government of Canada for the employment of the Royal Canadian Mounted Police, or (

b) the council of another municipality, to provide policing services to the municipality.

(3) If a municipality (

a) has a population greater than 1500, and (

b) has entered into a policing agreement under subsection (1) or (2), it shall not withdraw from that agreement until it has established a municipal police service or entered into another agreement under subsection (1) or (2) or an agreement under

section 23. Municipal policing committees 22(1) A council of a municipality that has entered into an agreement under

section 21 may by by-law establish a municipal policing com mittee.

(2) A municipal policing committee shall (

a) oversee the agreement made under

section 21, and (

b) represent the interests of the council to the police officer in charge of the unit of the provincial police service or municipal police service that is providing the policing services.

(3) All persons appointed to a municipal policing committee shall take the oath set out in

Schedule 2. 12

Regional police services 23(1) Subject to the prior approval of the Solicitor General, the councils of 2 or more municipalities may enter into an agreement to be policed by 1 regional police service.

(2) The Government of Alberta may be a party to an agreement referred to in subsection (1) if the region to be policed under the agreement includes an area not contained within the limits of a mu nicipality that is subject to the agreement.

(3) If a council of a municipality has entered into an agreement under this

section it shall not withdraw from the agreement without the prior approval of the Solicitor General. Regional police commissions 24(1) The parties to an agreement entered into under

section 23 shall, in accordance with the agreement and subject to the regula tions, establish a regional police commission.

(2) The appointment of a member to a regional police commission may be revoked only for cause and in accordance with the agreement entered into under

section 23.

(3) All persons appointed to a regional police commission shall take the oath set out in

Schedule 1. Responsibility of a regional police commission 25 A regional police commission shall, on behalf of the parties to an agreement entered into under

section 23, establish and maintain an adequate and effective regional police service under the genera supervision of the regional police commission. Municipal police services 26(1) A municipality that has assumed responsibility for establishing a municipal police service under

section 4(2)(d), (5)(

d) or (6)(

c) shall establish and maintain an adequate and effective municipal police service under the general supervision of a municipal police commis sion.

(2) A municipality maintaining a municipal police service shall no withdraw from providing that service except with the prior approva of the Solicitor General. Municipal police commissions 27(1) A municipality, other than one that is a party to an agreemen entered into under

section 21(2) or 23, that (

a) has a police service, or (

b) has the approval of the Solicitor General to establish a polic service, shall establish a municipal police commission.

(2) The council shall, subject to the regulations, (

a) prescribe the rules governing the operations of the municipa police commission, and (

b) appoint the members of the municipal police commission.

(3) The municipal police commission shall consist of not fewer tha 3 nor more than 12 members. 13

(4) If (a) 4 or fewer members are appointed under subsection (2), 1 of them may be a member of the council or a municipal employee, or (b) 5 or more members are appointed under subsection (2), 2 of them may be members of the council or municipal employees.

(5) The council may provide for the payment of reasonable remu neration or of a gratuity or allowance to members of the municipal police commission.

(6) The term of office of a person appointed to a municipal police commission shall be for (a) 3 years, or (

b) a term of less than 3 years as may be fixed by by-law.

(7) A member of a municipal police commission may be reap pointed as a member of the municipal police commission.

(8) If a person who is a member of a council is a member of the municipal police commission, that person’s appointment to the mu nicipal police commission terminates on that person’s ceasing to be a member of the council.

(9) The members of the municipal police commission shall at the first meeting of the municipal police commission in each year elect from among their members a chairman and 1 or more vice-chair men.

(10) The chairman of the municipal police commission must not be a member of the council or a municipal employee.

(11) The appointment of a member to a municipal police commis sion may be revoked by the council only for cause.

(12) All persons appointed to a municipal police commission shall take the oath set out in

Schedule 1. Police budgets and plans 28(1) Every commission, in consultation with the chief of police, shall cause to be prepared (

a) estimates of all money required for the fiscal year to (

i) pay the remuneration of the police officers who make up the police service and other persons engaged by the police service, and (ii) provide and pay for the maintenance of accommodation, equipment and operating costs of the police service, and (

b) a yearly plan specifying the level of police service and pro grams to be provided to the community, and shall submit those estimates and plans to the council.

(2) In developing a budget, the council may obtain any information from any source, including the commission, that may be necessary 14

to enable it to assess the efficiency and the financing requirements of the police service.

(3) The council is responsible for establishing the total budget for the purposes of the police service, and the commission is responsible for allocating the funds provided for under the budget. Solicitor General intervention 29(1) When, in the opinion of the Solicitor General, a municipality that is responsible for providing and maintaining a police service is not (

a) providing or maintaining an adequate and effective police service, or (

b) complying with this Act or the regulations, the Solicitor General may notify the council of that fact and request the council to take the action he considers necessary to correct the situation.

(2) If the council does not comply with a request made under sub section (1), the Solicitor General may (

a) appoint police officers for that municipality and prescribe their remuneration in accordance with any collective agreement that the police officers of that police service are subject to, (

b) request the provincial police service to provide policing ser vices to the municipality on an interim basis, or (

c) do any other thing necessary to create an adequate and effec tive police service within the municipality.

(3) The remuneration of police officers appointed by the Solicitor General under subsection (2) and any other costs incurred under subsection (2) shall be paid by the municipality.

(4) If a municipality is in default of payment under subsection (3), the amount shall be paid by the Government and may be recovered by the Government by deducting the amount from any grant payable to the municipality or by an action in debt. Commission’s responsibility 30(1) Where a commission has been established, the commission shall do the following: (

a) generally supervise the police service; (

b) make rules, not inconsistent with this Act and the regulations, governing the operation of the police service; (

c) allocate the funds provided by the council; (

d) establish policies for the efficient and effective provision of policing services; (

e) issue instructions to the chief of police as necessary; (

f) engage the services of persons to carry out the functions of the police service. 15

(2) Every police officer (

a) is, after the establishment of a commission, subject to the jurisdiction of the commission, and (

b) shall obey the directions of the commission.

(3) Notwithstanding subsections (1) and (2), a commission shall not issue an instruction to a police officer other than to the chief of police.

(4) Where an employee other than a police officer is engaged by the police service, the commission may release the employee from the police service subject to the provisions of any collective agreement that applies to that employee. Police officers serving outside their municipality 31(1) The Solicitor General may at any time with the consent of the chairman of a commission of a police service established under sec tion 23 or 26 direct a police officer of that police service to serve in any part of Alberta that is outside the boundaries of the area for which the commission is responsible.

(2) The commission shall be reimbursed by the Solicitor General for the remuneration and expenses of any police officer providing ser vices pursuant to a direction made under subsection (1).

PART 4 POLICE OFFICERS, AUXILIARY CONSTABLES AND SPECIAL CONSTABLES Qualifications32(1) To be eligible to be appointed as a police officer, auxiliary constable or special constable a person must (

a) be a Canadian citizen or lawfully admitted to Canada for permanent residence, and (

b) meet the other qualifications specified by the rules of the commission and the regulations.

(2) The chief of police of a police service established under

section 23 or 26 must be a Canadian citizen. Appointment of chiefs of police and police officers 33(1) The commission shall appoint a chief of police and other po lice officers for a police service.

(2) Notwithstanding subsection (1), the commission may delegate the power to appoint police officers other than a chief of police to the chief of police.

(3) Each police officer appointed under this

section shall, before entering on his duties, take the oath set out in

Schedule 3.

(4) Subject to the regulations, the commission may establish a pro bationary period of service for a person who is (

a) appointed to the police service as a police officer, (

b) appointed to or promoted to a position or a higher rank within the police service, or 16

(

c) demoted for disciplinary reasons to a lower position or rank within the police service. Dismissals and lay-offs of police officers 34(1) Police officers may be dismissed by the chief of police for disciplinary reasons in accordance with the regulations.

(2) The commission may release a police officer from the police ser vice for reasons other than disciplinary reasons subject to the pro visions of any collective agreement that applies to that police officer.

(3) The commission may delegate its power under subsection (2) to the chief of police.

(4) Sections 42 to 45 do not apply in respect of a police officer re leased from the police service under subsection (2). Authority, duties and jurisdiction of police officers 35(1) Every police officer has the authority and the responsibility (

a) to perform all duties that are necessary (

i) to preserve and maintain the public peace, (ii) to encourage and assist the community in preventing crime, (iii) to encourage and foster a co-operative relationship be tween the police service and the members of the community, and (iv) to apprehend persons who may lawfully be taken into custody, and (

b) to execute all warrants and perform all related duties and services.

(2) A police officer appointed under

section 33 has jurisdiction throughout Alberta unless otherwise directed by the commission. Liability36(1) For the purposes of this section, “employee” means any civil ian employee, auxiliary constable or special constable engaged by the police service.

(2) The chief of police is liable in respect of a tort committed by a police officer or other employee, as a master is liable for a tort com mitted by his servant in the course of the servant’s employment, if (

a) the police officer or employee was under the direction and control of the chief of police at the time that the tort was com mitted, and (

b) the tort was committed in the performance or purported per formance of the duties of the police officer or employee.

(3) The chief of police in respect of a tort referred to in subsection (2) shall be treated for all purposes as a joint tort-feasor.

(4) Police is liable for a tort committed by himself in the performance or purported performance of his duties. 17

(5) The municipality employing the chief of police is liable to pay in respect of any action brought against the chief of police under this

section the following: (

a) any damages and costs or either of them awarded against the chief of police; (

b) any costs incurred by the chief of police in respect of the action so far as those costs are not recovered by him in the action; (

c) subject to the approval of the council, any sum payable under a settlement concluded in respect of the action.

(6) Where damages and costs, or either of them, are awarded against a chief of police of a regional police service, each party to the agree ment under which the regional police service is established is jointly and severally liable for any damages, costs or settlement referred to in subsection (5).

(7) For the purposes of this section, if the office of the chief of police is vacant, the police officer responsible for the direction and control of the police service shall be considered the chief of police.

(8) Where a civil legal action is brought against a police officer aris ing out of the performance of his duties, the municipality may in respect of that action indemnify the police officer, in whole or in part, for the following: (

a) any damages and costs or either of them awarded against him; (

b) any costs incurred and not recovered by him; (

c) any sum payable under a settlement. Duties of chiefs of police 37(1) The chief of police of a police service established under

section 23 or 26 is responsible for the following: (

a) the preservation and maintenance of the public peace and the prevention of crime within the municipality; (

b) the maintenance of discipline and the performance of duty within the police service, subject to the regulations governing the discipline and the performance of duty of police officers; (

c) the day to day administration of the police service; (

d) the application of professional police procedures; (

e) the enforcement of rules made by the commission with re spect to the police service.

(2) For the purposes of subsection (1), the chief of police shall issue orders and make directives as he considers necessary.

(3) The chief of police is accountable to the commission for the following: (

a) the operation of the police service; (

b) the manner in which he carries out his responsibilities under subsection (1); 18

(

c) the administration of the finances and operations of the pol service in keeping with the yearly plan or any amendments to that the commission may make; (

d) reporting to the commission any information concerning t activities of the police service that the commission may reque other than information concerning individual investigations intelligence files; (

e) reporting to the commission any complaint made against t police service or its members and the manner in which the co mplaint is resolved.

(4) A commission shall not issue an instruction under

section 30(1)( that is inconsistent with the duties and responsibilities conferred the chief of police under this section. Auxiliary constables 38(1) A commission may (

a) appoint a person as an auxiliary constable of the police ser vice, and (

b) suspend or cancel the appointment of a person as an auxilia constable.

(2) The power of the commission under subsection (1) may be del egated by the commission to the chief of police.

(3) Auxiliary constables shall, at all times while carrying out poli duties, (

a) be under the supervision of a police officer, and (

b) subject to subsections (4) and (5), be accompanied by a poli officer.

(4) When an emergency exists the chief of police may, with the a proval of the commission, authorize auxiliary constables to carry o police duties without being accompanied by a police officer.

(5) Where it is not practicable to obtain the approval of the com mission under subsection (4), (

a) the chief of police may authorize an auxiliary constable carry out police duties without being accompanied by a poli officer during an emergency, and (

b) the authorization referred to in clause (

a) is valid for 24 hot from the time it was given unless the commission ratifies th authorization before the expiry of the authorization.

(6) While carrying out duties under this

section an auxiliary co stable has the same powers as a police officer.

(7) Subject to subsections (5) and (6), the commission may prescri the duties of an auxiliary constable.

(8) A person, while carrying out his duties as an auxiliary constab is a person employed for the preservation and maintenance of the public peace. 19

(9) Each auxiliary constable, before entering on his duties, shall take the oath set out in

Schedule 3. Special constables 39(1) The Solicitor General may (

a) appoint a person as a special constable, and (

b) subject to the regulations, suspend or cancel the appointment of a special constable.

(2) The appointment of a special constable shall (

a) be in writing, and (

b) specify the territorial jurisdiction and duties of the special constable.

(3) Subject to the regulations, applications for the appointment of persons as special constables shall be made to the Solicitor General.

(4) The Solicitor General is responsible for (

a) the discipline of special constables, and (

b) ensuring that special constables carry out their duties in a proper manner.

(5) The Solicitor General may delegate his responsibility under sub section (4) to the employer of the special constable.

(6) The employer of a special constable is liable for the actions of the special constable while the special constable is on duty or other wise exercising his powers.

(7) A person, while carrying out his duties as a special constable, is a person employed for the preservation and maintenance of the pub lic peace.

(8) A special constable, before entering on his duties, shall take the oath set out in

Schedule 3.

(9) The Solicitor General may delegate his powers and responsibili ties under this

section to the Director or to another employee of the Government who is under the administration of the Solicitor Gen eral.

PART 5 COMPLAINTS AND DISCIPLINE Complaints40(1) A public complaint with respect to a police service or a police officer shall be in writing and signed by the complainant where prac ticable.

(2) All complaints with respect to a police service or a police officer other than the chief of police shall be referred to the chief of police.

(3) On receipt of a complaint, the chief of police shall determine whether the complaint or a portion of the complaint is a complaint as to 20

(

a) the policies of or the services provided by the police service or (

b) the actions of a police officer.

(4) Where the chief of police is unable to make a determination under subsection (3), he may refer the matter to the Board for a decision as to whether the complaint or a portion of the complain is a complaint as to (

a) the policies of or services provided by the police service, or (

b) the actions of a police officer.

(5) A complaint or that portion of the complaint that is a complain (

a) as to the policies of or services provided by the police service shall be disposed of in accordance with

section 41, and (

b) as to the actions of a police officer shall be disposed of in accordance with sections 42 to 45. Complaints re policies and services 41(1) Where a complaint is a complaint as to the policies of o services provided by a police service, the chief of police shall review the matter, and (

a) take whatever action he considers appropriate, if any, or (

b) refer the matter to the commission for its determination.

(2) On the disposition of a matter under subsection (1), the chief o police shall advise the complainant in writing (

a) as to the disposition of the matter in respect of which th complaint was made, and (

b) of the complainant’s right to appeal the matter to the com mission if he is not satisfied with the disposition of the matter.

(3) Where the disposition of a complaint is appealed to the commis sion, the commission shall (

a) review the matter, and (

b) take whatever actions it considers appropriate, if any.

(4) The commission may in conducting an appeal under subsection (3) conduct a hearing into the matter that is the subject of the appea

(5) On disposing of an appeal the commission shall advise the com plainant in writing as to the disposition of the appeal.

(6) The chief of police shall advise the commission of all complaint made as to the policies of or services provided by the police service and his disposition of them. Complaints re police officers42(1) Where a complaint is a complaint as to the actions of a police officer, the chief of police shall cause the complaint to be invest gated.

(2) If, after causing the complaint to be investigated, the chief of police is of the opinion that the actions of a police officer may con stitute 21

(

a) an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, he shall refer the matter to the Attorney General, or (

b) a contravention of the regulations governing the discipline or the performance of duty of police officers, he shall cause the mat ter to be proceeded with under subsection (3).

(3) Where the chief of police is of the opinion that the actions of a police officer constitute a contravention of the regulations governing the discipline or the performance of duty of police officers, he, or a police officer designated by him, shall conduct a hearing into the matter as it relates to that contravention.

(4) Notwithstanding subsection (3), if the chief of police is of the opinion that the contravention of the regulations governing the dis cipline or the performance of duty of police officers is not of a serious nature, he may, subject to the regulations, dispose of the matter with out conducting a hearing.

(5) If (

a) a police officer is the subject of an investigation or hearing, and (

b) in the opinion of the chief of police, (

i) there is not a police officer in his police service who has sufficient rank and experience to, or (ii) it would be in the public interest to have 1 or more police officers of another police service, conduct the investigation, present the case or preside at the hear ing, or perform any combination of those functions, as the case may be, the chief of police may request the commission to make arrange ments for another police service to provide the necessary police of ficers to carry out those functions.

(6) A police officer acting under subsection (5) has, for the purposes of this section, the same powers as a chief of police acting under subsections (1) to (3). Complaints re chiefs of police 43(1) All complaints with respect to the chief of police shall be re ferred to the chairman of the commission.

(2) If, after reviewing the complaint, the chairman of the commis sion is of the opinion that the actions of the chief of police may constitute (

a) an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, or (

b) a contravention of the regulations governing the discipline or the performance of duty of police officers, the chairman shall request the Solicitor General to direct another police service to investigate the complaint. 22

(3) If the chief of police or the officer in charge of the police service directed under subsection (2) to carry out the investigation is of the opinion that the actions of the chief of police that are the subject o the investigation constitute (

a) an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, he shall (

i) refer the matter to the Attorney General, and (ii) advise the commission of his findings, unless the Attor ney General otherwise directs, or (

b) a contravention of the regulations governing the discipline or the performance of duty of police officers, he shall refer the mat ter to the commission.

(4) Where a matter is referred to the commission under subsection (3)(b), the commission shall conduct a hearing into the matter as it relates to the contravention of the regulations governing the disci pline or performance of duty of police officers.

(5) Notwithstanding subsection (4), if the commission is of the opin ion that the contravention of the regulations governing the discipline or the performance of duty of police officers is not of a serious nature, it may, subject to the regulations, dispose of the matter without con ducting a hearing.

(6) The commission may appoint a lawyer to present to the com mission the matter that is the subject of the complaint. Conduct of hearing 44(1) Where a hearing is proceeded with under

section 42(3) or 43(4),

section 19(

a) to (c), (e)(ii), (f), (

h) to (j), (k)(i), (

n) and (

o) apply to the hearing in the same manner as they would apply to a hearing con ducted by the Board, and (

a) in the case of a hearing under

section 42, the chief of police or a police officer designated by him, or (

b) in the case of a hearing under

section 43, the commission has the same powers that the Board has in respect of those provi sions.

(2) Notwithstanding that the actions of a police officer have been referred to the Attorney General under

section 42(2)(

a) or 43(3)(a), if the person who referred the matter to the Attorney General is of the opinion that those actions also constitute a contravention of the reg ulations governing the discipline or the performance of duty of police officers, the matter as it relates to that contravention shall be pro ceeded with under

section 42(3) or 43(4), as the case may be, unless the Attorney General otherwise directs.

(3) Notwithstanding

section 42(3) or 43(4), where a matter that is referred to the Attorney General under

section 42(2)(

a) or 43(3)(

a) is also to be proceeded with under

section 42(3) or 43(4), the hearing of the matter under

section 42(3) or 43(4) may be deferred until the proceedings respecting the offence are concluded. 23

(4) On considering a matter that is the subject of a complaint, (

a) the chief of police or his designate, in the case of a complaint under

section 42, or (

b) the commission, in the case of a complaint under

section 43, may dismiss the matter or, subject to the regulations, take any action against the person who is the subject of the complaint that (

c) the chief of police or his designate, in the case of a complaint under

section 42, or (

d) the commission, in the case of a complaint under

section 43, considers proper in the circumstances.

(5) On making a decision after considering the matter in respect of which a public complaint is made, (

a) the chief of police, in the case of a complaint under

section 42, or (

b) the commission, in the case of a complaint under

section 43, shall in writing advise the person against whom the complaint is made and the complainant, (

c) where a hearing is held, of the findings of the hearing and any action taken under subsection (4), and (

d) where a hearing is not held, of the disposition of the com plaint and the grounds on which the disposition was made. peals to Board 45(1) A chief of police or another police officer in respect of whom a complaint is made who feels himself aggrieved by the findings or any action taken against him under

section 44(4) may, within 30 days from the day he was advised under

section 44(5) of the findings and any action taken, appeal the matter to the Board by filing with the secretary to the Board a written notice of appeal setting forth the grounds on which the appeal is based.

(2) If a public complaint has resulted in a hearing, the complainant may, within 30 days from the day he was advised under

section 44(5) of the findings of the hearing and any action taken, appeal the matter to the Board by filing with the secretary to the Board a written notice of appeal setting forth the grounds on which the appeal is based.

(3) If a public complaint has (

a) been considered to be unfounded, or (

b) not resulted in a hearing, the complainant may, within 30 days from the day he was advised under

section 44(5) of the disposition of his complaint, appeal the matter to the Board by filing with the secretary to the Board a written notice of appeal setting forth the grounds on which the appeal is based.

(4) The commission may, if not satisfied with the outcome of an investigation or hearing, make a request to the Board that the Board 24

investigate the whole or any portion of the investigation or the ac out of which the investigation arose. Complaints re RCMP 46 Notwithstanding sections 40 to 45, complaints in Alberta w respect to members of the Royal Canadian Mounted Police shall (

a) be in writing and signed by the complainant where pract ble, (

b) be sent to the Commanding Officer responsible for the Royal Canadian Mounted Police in Alberta, and (

c) subject to any agreement entered into between the Gov ment of Canada and the Government of Alberta or a munici ity, as the case may be, be resolved in accordance with the 1 governing discipline within the Royal Canadian Mounted Po Complaints re auxiliary constables 47 Sections 40 to 45 apply to complaints made in respect of auxil iary constables. Complaints re special constables 48(1) All complaints with respect to a special constable shall be (

a) to the employer of the special constable if a delegation been made to the employer under

section 39(5), or (

b) to the Director if a delegation has not been made under tion 39(5).

(2) Notwithstanding subsection (1)(b), if (

a) a delegation has not been made under

section 39(5) to employer of a special constable, and (

b) a complaint with respect to a special constable is made to employer, the employer shall forthwith forward that complaint to the Direc Use of evidence49 Where a police officer, chief of police, auxiliary constabl special constable gives evidence during (

a) a hearing under this Act, or (

b) an appeal under this Act arising out of a hearing referre in clause (a), that evidence, if it tends to incriminate him, subject him to pur ment or establish his liability, shall not be used or received against him in any civil proceeding or in any proceeding under any o Act, except in a prosecution for or proceedings in respect of per or the giving of contradictory evidence. Report of complaints 50 If a complaint is made, (

a) the commission, in the case of a complaint referred 1

section 41, 42, 43 or 47, (

b) the Commanding Officer, in the case of a complaint ref to in

section 46, and 25

(

c) the employer, in the case of a complaint referred to in

section 48(1)(a), shall, at the end of the month in which the complaint is made or within a longer period of time as prescribed by the Director, advise the Director of the complaint and after the resolution of the com plaint advise the Director as to how the complaint was resolved.

PART 6 GENERAL ck-ups 51(1) A municipality that (

a) has established a police service under

section 26, or (

b) receives policing services under an agreement made pursuant to

section 21, shall make provision for an adequate lock-up facility.

(2) If a municipality maintains a lock-up facility under subsection (1), that lock-up facility shall be under the direction and control of the police service.

(3) If a special constable or a person employed by a municipality to enforce by-laws requires the use of a lock-up facility, he shall use the lock-up facility operated by a police service.

(4) Where a regional police service is established, the agreement en tered into under

section 23 shall include provision for a lock-up facility to meet the needs of each of the participating municipalities.

(5) When an organization that is not a municipality employs peace officers for the purposes of providing policing services, the Solicitor General may in writing authorize that organization to maintain a lock-up facility.

(6) A lock-up facility that is maintained pursuant to an authorization given under subsection (5) shall be under the direction and control of a peace officer. personating a lice officer 52(1) No person shall, unless he is appointed as a police officer under this Act or pursuant to

an Act of the Parliament of Canada, (

a) hold himself out as a police officer, or (

b) display the word “police” either alone, as part of a word or in conjunction with any other words, on a uniform, an insignia, a vehicle marking or another sign or symbol where the display of the word “police” might mislead the public or a member of the public into believing that the person displaying the word or caus ing the word to be displayed (

i) is a member of a police service, or (ii) is empowered to exercise the powers of a police officer or powers that are similar to the powers of a police officer. (2) Subsection (1) does not apply to a person appointed as a special constable if the Solicitor General has in writing authorized that per- 26

son to be designated as a police officer for the purposes of exerci his authority under

section 39. Uniforms and insignia 53 If the Solicitor General or his designate is of the opinion the uniform, insignia, vehicle markings or other signs or sym employed by a person or organization are so similar to those u by a police service that the public or a member of the public m be misled, the Solicitor General or his designate may, by orde writing served on that person or organization, require the perso organization to desist from the use of that uniform or insigni those markings, signs or symbols. Application to Court 54(1) Whether or not a person is prosecuted under this Act, if Director is of the opinion that a person is or was contravening tion 52 or an order made under

section 53, the Director may ap to the Court of Queen’s Bench for an order directing that person cease and desist, as the case may be, from contravening

section or the order made under

section 53, as the case may be.

(2) An application under this

section shall be by way of an origi ing notice.

(3) On the filing of an originating notice with the clerk of the Co the Court may, if it considers it necessary in the circumstances, m an interim order granting any relief that the Court considers appro priate pending the determination of the application.

(4) An interim order under subsection (3) may be made ex par the Court considers it appropriate in the circumstances.

(5) On hearing an application the Court may, if it is of the opin that the person is or was contravening

section 52 or an order m under

section 53, grant an order, subject to any terms and conditi the Court considers appropriate in the circumstances, doing 1 more of the following: (

a) directing the person to cease and desist, as the case may from contravening

section 52 or the order made under sec 53, as the case may be; (

b) giving directions that the Court considers necessary in o to ensure that

section 52 or an order made under

section 53 the case may be, will be complied with; (

c) awarding costs in reSpect of the matter. General penalty55 Any person who contravenes

section 52 or fails to comply with an order made under

section 53 is guilty of an offence and liabl a fine not greater than $10 000 or to a term of imprisonment exceeding 6 months or to both a fine and imprisonment. Service of documents56 In addition to any method of service permitted by law, any tice or document respecting matters coming under this Act ma served (

a) by personal service, or 27

(

b) by registered mail sent (

i) to the Chairman or secretary of the Board, in the case of a notice or document sent to the Board, or (ii) to the latest address of the person on whom the notice or document is to be served as shown on the records of the person issuing the notice or document, in a case other than that referred to in subclause (i). -laws and olutions 57(1) For the purposes of this Act a council, other than the Minister of Municipal Affairs, may exercise and perform its powers and duties under this Act by by-law.

(2) Notwithstanding subsection (1), a council may exercise its powers under

section 27(2)(

b) by resolution. lice Officers ollective rgaining Act 58 None of the matters referred to in sections 14, 19, 30, 34(1), 37 and 40 to 45 shall be the subject of a collective agreement referred to in the Police Officers Collective Bargaining Act. eutenant overnor Council gulations 59(1) The Lieutenant Governor in Council may make regulations (

a) prescribing rates of fees, remuneration and subsistence and travel allowances payable under this Act or the regulations; (

b) prescribing rates of fees and expenses payable to witnesses attending a proceeding under this Act; (

c) governing, subject to this Act, the responsibility and duties of police commissions and municipal policing committees; (

d) governing, subject to this Act, the establishment and opera tion of police services; (

e) governing probationary periods of service for police officers, chiefs of police, auxiliary constables, special constables and civil ian employees of a police service; (

f) governing, subject to this Act, the appointment, qualifica tions, training, duties, discipline and performance of duty of po lice officers, auxiliary constables and special constables; (

g) governing investigations of police officers, auxiliary con stables and special constables; (

h) governing, subject to this Act, action that may be taken against police officers, auxiliary constables and special constables; (

i) governing appeals of special constables from action taken against them under

section 39; (

j) governing, subject to this Act, regional police services and policing services provided under

section 21(2)(b).

(2) A regulation made under subsection (1) may be general or spe cific in its application. (3) Subsection (1)(

e) to (

h) do not apply to the Royal Canadian Mounted Police. 28

Solicitor General regulations 60(1) The Solicitor General may make regulations (

a) governing the sharing of costs of provincial policing serv under sections 4(2)(

a) and (5)(

a) and 21(1); (

b) prescribing colour and style of uniforms, accoutrements insignia for police officers, auxiliary constables and special c stables; (

c) governing clothing and equipment furnished to or used police officers, auxiliary constables and special constables; (

d) governing firearms with respect to police officers, auxili constables and special constables; (

e) governing lock-up facilities and providing for their insp tion; (

f) prescribing the information and statistical data to be kept a reported to the Solicitor General by police services and empl ers of special constables.

(2) A regulation made under subsection (1) may be general or s cific in its application. Transitional61(1) In this section, "former Act” means the Police Act, chap P-12 of the Revised Statutes of Alberta 1980.

(2) Any person who, immediately before the coming into force of t Act, was (

a) a member of the Law Enforcement Appeal Board under former Act continues for his term of office as a member of Law Enforcement Appeal Board under this Act, (

b) the Chairman of the Law Enforcement Appeal Board un the former Act continues for his term of office as Chairman of Law Enforcement Appeal Board under this Act, (

c) a member of a commission under the former Act continues his term of office as a member of the commission under this A (

d) the chairman of a commission under the former Act contin for his term of office as the chairman of the commission un this Act, (

e) a police officer in a municipal police force under the fort Act continues as a police officer in a municipal police service un this Act, (

f) a chief of police under the former Act continues as a chie police under this Act, (

g) an auxiliary constable under the former Act continues as auxiliary constable under this Act, or (

h) a special constable under the former Act continues as a spe constable under this Act and his appointment as a special c stable terminates 1 year from the date of the coming into force this Act unless sooner terminated under

section 39(1)(b). 29

(3) Any action respecting a complaint against or the discipline of a police officer or a chief of police that was commenced under the former Act but not completed before the commencement of this Act shall be dealt with and determined under the former Act as if that Act had not been repealed. quential62(1) In the following provisions, “force” is struck out wherever it occurs and “service” is substituted: Act

Section No. Amusements Act 1(e)(ii); Animal Protection Act 1(e); Child Welfare Act 1(1)(

n) and 91 (2)(d); Employment Standards Act 2(2)(c); Fatality Inquiries Act 9(1) and 18; Fuel Oil Administration Act 1(1)(r)(ii); Highway Traffic Act 1(o.1)(ii), 68.1(3)(

c) and 121(4)(

a) and (5)(a); Innkeepers Act 1(b.1); Jury Act 4(k)(i); Labour Relations Act 2(2)(d); Municipal Government Act 140(1)(b); Occupational Health and Safety Act 1(i.1); Off-highway Vehicle Act 1(1)(o); Pari Mutuel Tax Act 1(c)(ii); Private Investigators and Security Guards Act 2(

a) and 17(b); Railway Act 190(1); Tobacco Tax Act 1(f)(ii).

(2) The

Interpretation Act is amended in

section 25(1) (

a) by adding the following after clause (m.1): (m.2) “municipal police service” means a municipal police service under the Police Act; (

b) in clause (o.1) by striking out “force” and substituting “ser vice”; (

c) by adding the following after clause (p.1): (p.2) “police service” means a police service under the Police Act;

(3) The Motor Vehicle Administration Act is amended (

a) in the following provisions by striking out “force” wherever it occurs and substituting “service”:

section 1(q)(ii);

section 77(1)(b);

section 96(4)(

a) and (5)(a); (

b) in

section 83(1) by striking out “authority” wherever it occurs and substituting “service”; (

c) in

section 86 by striking out “department” and substituting “service”. 30

(4) The Police Officers Collective Bargaining Act is amended (

a) in

section 1(c), (h), (

k) and (

l) by striking out “force” wher it occurs and substituting “service”; (

b) in

section 45 by striking out “If” and substituting “Subjec

section 58 of the Police Act, if”.

(5) The Special Forces Pension Plan Act is amended in the follow provisions by striking out “police force” wherever it occurs and s stituting “police service”:

section 1(1)(e)(ii) and (o);

section 1 l(l)(a);

section 29(5).

(6) The Vital Statistics Act is amended in

section 26(3) by striking “Municipal Police Force” and substituting “municipal police vice”.

(7) Any reference to a municipal police force in any order, regula or statute is deemed to be also a reference to a municipal po service. Repeal 63 The Police Act,

chapter P-12 of the Revised Statutes of Alberta 1980, is repealed. Commencement64 This Act comes into force on Proclamation. 31

SCHEDULE 1 OATH OF OFFICE (MEMBERS OF POLICE COMMISSIONS) I,.........................................................................................., swear that I will diligently, faithfully and to the best of my ability execute accord ing to law the office of a member of the............................................. ......................................Police Commission and will not, except in the discharge of my duties, disclose to any person any matter or evidence brought before me as a member of the............................... .........................................Police Commission, so help me God.

Sworn before me in the ) ) ...................................................) ) of..................................................) ) in the Province of Alberta ) ) this.................................................) ) day of.............................................) Signature 32

SCHEDULE 2 OATH OF OFFICE (MEMBERS OF POLICING COMMITTEES) I,.........................................................................................., swear tl will diligently, faithfully and to the best of my ability execute acc ing to law the office of a member of the................................... ........................................Policing.Committee and will not, excep the discharge of my duties, disclose to any person any matte evidence brought before me as a member of the........................ ............................... Policing Committee, so help me God.

Sworn before me in the ) ) ...................................................) ) of..................................................) ) in the Province of Alberta ) ) this.................................................) ) day of.............................................) Signature 33

SCHEDULE 3 OATH OF ALLEGIANCE AND OFFICE (POLICE OFFICERS AND OTHER PEACE OFFICERS) I,........................................................................................., swear that I will be faithful and bear true allegiance to Her Majesty Queen Eliz abeth the Second, her heirs and successors, according to law, in the office of.................................................................................................... for the..................................................................................................... of....................................................................................and that I will diligently, faithfully and to the best of my ability execute according to law the office of................................................................................., and will not, except in the discharge of my duties, disclose to any person any matter or evidence which may come to my notice through my tenure in this office, so help me God.

Sworn before me in the ) ) ...................................................) ) of..................................................) ) in the Province of Alberta ) ) this.................................................) ) day of.............................................) Signature 34 Title: 1987 (21st, 2nd) Bill 16, Police Act

Document details

Collection	Alberta — Bills
Citation	L21 S2 3063
Type	bill
Volume / chapter	L21 S2 3063
Language	en
Format	json
Source	PROVINCIAL
Identifier	0ff3e66486116d19cae04c8e49baf3d785a67b43

Source file is stored in the law ingest library (json).