Second

Session, 50th General Assembly

Charles III, 2024

BILL 94

AN ACT RESPECTING THE

MANAGEMENT OF LAW ENFORCEMENT ARTICLES, UNIFORMS, VEHICLE MARKINGS AND

VEHICLE EQUIPMENT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE BERNARD

DAVIS

Minister of Justice

and Public Safety

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Law Enforcement Identity Management Act .

The Bill would

restrict the use, possession,

sale and fabrication of law enforcement articles, uniforms, vehicle markings

and vehicle equipment;

require law enforcement

agencies that are subject to the Act to have an asset management and disposal policy;

set out enforcement procedures;

and

prescribe penalties for

offences under the Act.

BILL

AN ACT RESPECTING THE

MANAGEMENT OF LAW ENFORCEMENT ARTICLES, UNIFORMS, VEHICLE MARKINGS AND VEHICLE

EQUIPMENT

Analysis

Short title

Definitions

Prohibition on display of the word

"police"

Prohibition on use of law enforcement

articles, uniforms, vehicle markings and equipment

Prohibition on possession of law

enforcement articles and uniforms

Prohibition on possession of law

enforcement vehicle markings and equipment

Duty upon change in status

Duty to report loss or theft

Prohibition on sale of law enforcement

articles, uniforms, vehicle markings and equipment

Prohibition on fabrication of law

enforcement articles, uniforms, vehicle markings and equipment

Sale of law enforcement vehicles

Asset management and disposal policy

Suspected contravention - search and

seizure

Telewarrants

Search warrants

Violation notice

Procedures subsequent

to violation notice

Application for forfeiture

No liability

Offence and penalty

Regulations

NLR 78/99 Amdt .

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Law Enforcement

Identity Management Act.

Definitions

2. In

this Act

(a) "dramatic work" includes

(

i) any piece for recitation, choreographic work or

mime, the scenic arrangement or acting form of which is fixed in writing or

otherwise,

(ii) any

cinematographic work, and

(iii) any

compilation of works referred to in subparagraph (

i) and (ii );

(b) "judge" means a Provincial Court judge;

(c) "law enforcement agency" means

(

i) a police agency,

(ii) an

agency that provides policing services in another province or territory of

Canada, and

(iii) another person prescribed in the regulations;

(d) "law enforcement article" means

(

i) a crest, badge, emblem, design

or other distinguishing

article that is currently used or is similar to an

article

that is currently used by a law enforcement agency,

(ii) other

items as may be prescribed in the regulations that are used, worn

or carried by a member of a law enforcement agency to identify an individual as

a law enforcement officer, or

(iii) a

replica of an item referred to in subparagraph (

i) or

(ii );

(e) "law enforcement officer" means

(

i) a police officer,

(ii) a member of a law enforcement agency referred

to in subparagraph (c)(ii) who has powers of a police officer, and

(iii) a

person employed by a law enforcement agency referred to in subparagraph (c)(iii)

who is authorized to provide law enforcement services;

(f) "law enforcement uniform" means

(

i) distinctive clothing or equipment, other than a

ceremonial uniform, that

(

A) a

law enforcement officer is required to wear while on duty,

(

B) has

a colour scheme, pattern or style that makes the

person wearing it readily identifiable as a law enforcement officer, and

(

C) is

currently used or is similar to clothing or equipment that

is currently used by a law enforcement agency, or

(ii) a replica of clothing or equipment referred to

in subparagraph ( i );

(g) "law enforcement vehicle" means a

vehicle that has law enforcement vehicle markings, law enforcement vehicle

equipment or both;

(h) " law enforcement vehicle equipment" includes prisoner partitions, law enforcement

vehicle computers

and associated audiovisual components and other interior and exterior equipment

used only by a law enforcement agency for its vehicles;

( i ) " law enforcement vehicle

marking" means

(

i) the marking, signage, decal

or lights placed on a vehicle that identifies the vehicle as a vehicle used by

a law enforcement agency, or

(ii) a

replica of an item referred to in subparagraph ( i );

(j) "minister" means the minister appointed under the Executive

Council Act to administer this Act;

(k) "person" includes an agency or other

entity;

(l) "police agency" means

(

i) the Royal Newfoundland Constabulary, and

(ii) the

Royal Canadian Mounted Police;

(m) "police officer" means

(

i) a police officer as defined in the Royal Newfoundland Constabulary Act, 1992 , and

(ii) an officer as defined in the Royal Canadian Mounted Police Act

(Canada );

(n) "sell" includes offer for sale, expose for sale, have

in possession for sale, distribute, give, transfer, lend, send or otherwise

dispose of, whether or not for consideration;

(o) "special constable" means a special constable

appointed under

section 16 of the Royal

Newfoundland Constabulary Act, 1992 ;

(p) "supernumerary special constable"

means a supernumerary special constable appointed under

section 9.6 of the Royal Canadian Mounted Police Act

(Canada );

(q) "unserviceable" means permanently altered such that a law enforcement

article or law enforcement uniform could not reasonably be confused with a law

enforcement

article or law enforcement uniform;

(r) "vehicle" means a vehicle that is driven otherwise than by muscular

power and includes a motor-driven cycle, regardless of whether the motor is

engaged; and

(s) "violation notice" means a violation

notice issued under

section 16.

Prohibition on

display of the word "police"

(1) A person, other than a person

referred to in subsection (2), shall not display the word "police" either

alone, as part of a word or in conjunction with any other words, on a uniform,

an

article of clothing, a vehicle, an insignia, a sign or a symbol where the

display of the word "police" may mislead the public or a member of

the public into believing that the person displaying the word or causing the

word to be displayed is

(

a) a

police

officer; or

(

b) empowered

to exercise the powers of a police officer or powers that are similar

to the powers of a police officer.

(2) For the purposes of subsection (1), the

following persons may display the word "police":

(

a) a member

(

i) a police agency, or

(ii) a law

enforcement agency referred to in subparagraph 2(c)(ii); or

(

b) another

person prescribed in the regulations.

Prohibition on

use of law enforcement articles, uniforms, vehicle markings and equipment

(1) A

person shall not use a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment except as permitted in this section.

(2) The following persons may use a law

enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment for a purpose required by the law enforcement agency:

(

a) a

law enforcement officer employed by the law enforcement agency that uses the law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment; and

(

b) a person who has permission from the head of the law enforcement agency.

(3) A person may use a law enforcement article,

law enforcement uniform, law enforcement vehicle

marking or law enforcement vehicle equipment

(

a) for

the purpose of

(

i) vehicle repair required by a law enforcement

agency,

(ii) the

decommissioning of a law enforcement vehicle,

(iii) a

museum collection or exhibit, for the duration of the museum

collection or exhibit, and

(iv) another

use prescribed in the regulations; and

(

b) where the person has provided notice to persons prescribed in

the regulations, in accordance with the regulations, for

the purpose of a dramatic work,

for the duration of the dramatic work.

Prohibition on

possession of law enforcement articles and uniforms

(1) A person shall not possess a law enforcement

article or law enforcement uniform

except as permitted in this section.

(2) The following persons may possess a law

enforcement

article or law enforcement uniform:

(

a) the law enforcement agency

that uses the law enforcement

article or law

enforcement uniform ;

(

b) a

law enforcement officer employed by the law enforcement agency that uses the law enforcement

article

or law enforcement uniform;

(

c) a

person who is training to be a law enforcement officer that uses the law

enforcement

article or law enforcement uniform;

(

d) a special constable in the course of the special

constables duties as authorized under the Royal

Newfoundland Constabulary Act, 1992 ;

(

e) a supernumerary special constable in the

course of the supernumerary special constables duties as authorized under the Royal Canadian Mounted Police Act

(Canada );

(

f) a

training academy for police officers;

(

g) a

training academy for law enforcement officers prescribed in the regulations;

(

h) a

business that fabricates, sells or distributes law enforcement articles or law

enforcement uniforms;

(

i) an employee of a law enforcement agency who

manages the purchase, issuance and collection of law enforcement articles and law

enforcement uniforms; and

(

j) another person or class of persons prescribed

in the regulations.

(3) A

person who is in possession of a law enforcement

article or law

enforcement uniform at the time

this Act comes into force may continue to possess the law enforcement

article

or law enforcement uniform only where it has been rendered unserviceable in

accordance with the regulations.

(4) A person

may possess a law

enforcement

article or law enforcement uniform

(

a) for the purpose of a museum collection or exhibit, for

the duration of the museum collection

or exhibit; and

(

b) where the person has provided notice to persons prescribed

in the regulations, in accordance with the regulations, for the purpose of a dramatic work, for the duration of the

dramatic work .

Prohibition on

possession of law enforcement vehicle markings and equipment

(1) A person shall not possess a law enforcement vehicle marking or law enforcement vehicle equipment except as

permitted in this section.

(2) The following persons may possess a law

enforcement vehicle marking or law enforcement vehicle equipment:

(

a) the

law enforcement agency that uses the law enforcement vehicle marking or law

enforcement vehicle equipment;

(

b) a

law enforcement officer employed by the law enforcement agency that uses the law

enforcement vehicle marking or law enforcement vehicle equipment;

(

c) a

training academy for police officers;

(

d) a

training academy for law enforcement officers prescribed in the regulations;

(

e) a

business that fabricates, sells or distributes law

enforcement vehicle markings or law

enforcement vehicle equipment;

(

f) a

government department or business that repairs or decommissions law enforcement

vehicles; and

(

g) another person or class of persons prescribed

in the regulations.

(3) A person

may possess a law enforcement vehicle marking or law

enforcement vehicle equipment

(

a) for the purpose of a museum collection or exhibit, for

the duration of the museum

collection or exhibit; and

(

b) where the person has provided notice to persons prescribed

in the regulations, in accordance with the regulations, for the purpose of a dramatic work, for the duration of the

dramatic work .

Duty upon change

in status

7. Where

a person in possession of a law enforcement article, law enforcement uniform,

law enforcement vehicle marking or law enforcement vehicle equipment in

accordance with this Act ceases to be a person authorized to possess the law

enforcement article, law enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle equipment under this Act, the person shall, within

14 days,

(

a) return

the law enforcement article, law enforcement uniform, law enforcement vehicle

marking or law enforcement vehicle equipment to its source of origin where that

source of origin is still authorized to possess it in accordance with this Act;

(

b) present it to a police agency for disposal or

destruction.

Duty to report

loss or theft

8. Where

a person in possession of a law enforcement article, law enforcement uniform, law

enforcement vehicle marking or law enforcement vehicle equipment in accordance

with this Act becomes aware that the law enforcement article, law enforcement

uniform, law enforcement vehicle marking or law enforcement vehicle equipment is

lost or stolen, the person shall report the loss or theft to a police agency immediately

upon becoming aware of the loss or theft.

Prohibition on

sale of law enforcement articles, uniforms, vehicle markings and equipment

(1) A person shall not sell a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment unless the purchaser

(

a) is

authorized to possess the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under

subsection 5(2) or (4) or 6(2) or (3); and

(

b) complies with subsection (2).

(2) A

purchaser of a law enforcement article, law

enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle

equipment shall provide the seller with evidence confirming that the purchaser

is authorized to possess the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under subsection

5(2) or (4) or 6(2) or (3).

Prohibition on

fabrication of law enforcement articles, uniforms, vehicle markings and

equipment

(1) A person shall not fabricate, directly or indirectly, by any means, a law

enforcement article, law enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle equipment except as permitted in this section.

(2) A person may fabricate a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment where

(

a) the

person is a business that fabricates, sells or

distributes law enforcement articles, law enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment; and

(

b) the fabrication is done to sell the law enforcement articles, law

enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment to a purchaser authorized to use or possess the law

enforcement articles, law enforcement uniforms, law

enforcement vehicle markings or law enforcement vehicle equipment under this

Act.

(3) A person may fabricate a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment for the purpose of a dramatic work where the person

has provided notice to persons prescribed in the regulations, in accordance

with the regulations.

Sale of law

enforcement vehicles

(1) A law enforcement agency shall

not sell a law enforcement vehicle until

(

a) all

law enforcement vehicle

markings have been removed and any remaining imprint has been removed or

distorted; and

(

b) all

law enforcement vehicle

equipment has been removed.

(2) Notwithstanding subsection (1), a police

agency or a law enforcement agency

referred to in subparagraph 2(c)(iii) may sell or donate a law enforcement

vehicle to a training academy for law enforcement officers for training

purposes.

(3) Law enforcement vehicle

markings and law enforcement vehicle

equipment removed from a law enforcement vehicle under subsection (1) shall only be

sold as permitted by subsection 9(1).

Asset management

and disposal policy

(1) A law

enforcement agency that operates

in the province shall have an asset management and disposal policy for law enforcement

articles, law enforcement uniforms, law enforcement vehicle markings and law enforcement vehicle equipment that includes

(

a) for

law enforcement articles

and law enforcement uniforms,

(

i) the process for tracking law enforcement

articles and law enforcement uniforms, including those that are lost, stolen or

damaged,

(ii) the

name of the individual responsible for managing law

enforcement articles and law enforcement uniforms, and

(iii) the

process and requirements for issuing law enforcement articles and law enforcement uniforms to

former law enforcement officers; and

(

b) for

law enforcement vehicle

markings and law enforcement vehicle equipment,

(

i) the process for tracking law enforcement vehicle markings and law enforcement vehicle equipment,

including their re-use and the destruction of obsolete or redundant law enforcement vehicle markings and law enforcement vehicle equipment, and

(ii) the

name of the individual responsible for managing law

enforcement vehicle markings and law

enforcement vehicle equipment.

(2) For

the purpose of subparagraph (1)(a)(iii), the asset management and disposal

policy shall

(

a) require

law enforcement articles and law enforcement uniforms issued to former law enforcement

officers to be rendered unserviceable in accordance with the regulations unless

otherwise prescribed in the regulations; and

(

b) include

a process for anyone in possession of a law enforcement

article or law

enforcement uniform on the coming

into force of this Act to forfeit the law enforcement

article or law enforcement uniform or to have the law enforcement

article or law enforcement

uniform rendered unserviceable in accordance with the regulations.

Suspected

contravention - search and seizure

(1) Where

(

a) a

police officer has reasonable grounds to believe that a person is using, in

possession of, fabricating or selling a law enforcement article, law enforcement uniform, law

enforcement vehicle marking or law

enforcement vehicle equipment; and

(

b) on

request of the police officer, the person is unable to satisfy the police

officer that the person is authorized to use, possess, fabricate

or sell the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment,

the police officer may, with a warrant issued under subsection (2), search

the person, the person's personal property, a vehicle, place or premises and

seize anything that may provide evidence with respect to a suspected offence

under this Act or the regulations including any law

enforcement article, law

enforcement uniform, law enforcement vehicle

marking or law enforcement vehicle equipment found.

(2) A

judge who is satisfied upon oath or affirmation that there are reasonable

grounds for believing there is on a person, or in or on the person's personal

property, a vehicle, place or premises anything that may provide evidence with

respect to a suspected offence under this Act or the regulations may issue a

warrant authorizing one or more police officers to search the person and the

person's personal property and to enter the vehicle, place or premises in the

province and to search for and seize anything that will provide evidence with

respect to a suspected offence under this Act or the regulations, subject to

the conditions that may be specified in the warrant.

(3) A person shall not provide false information or obstruct a police officer in the

carrying out of the police officer's duties under this Act or under a warrant

issued for the purpose of enforcement of this Act.

(4) Notwithstanding

subsection (1), a police officer may exercise the powers of search and seizure referred

to in that subsection without a warrant where the conditions for obtaining the

warrant exist but by reason of exigent circumstances it would not be practical

to obtain the warrant.

(5) For

the purpose of subsection (4), exigent circumstances include circumstances in

which the delay necessary to obtain the warrant would result in danger to human

life or safety or the loss or destruction of evidence.

Telewarrants

(1) Where, in the opinion of a police officer it

would not be practical to personally appear before a judge to apply for a

warrant, the police officer may make the application by telephone, facsimile or

other means of telecommunication.

(2) Where

the information on which an application for a warrant is submitted by

telephone, facsimile or other means of telecommunication, the information shall

be given under oath or affirmation, and the oath or affirmation may be

administered by telephone, facsimile or other means of telecommunication.

(3) The

information submitted by telephone, facsimile or other means of

telecommunication shall include

(

a) a

statement of the circumstances that make it impracticable for the police

officer to appear personally before a judge; and

(

b) a

statement of the police officer's grounds for believing that a person has

failed to comply with or otherwise contravened this Act or the regulations or

that entry onto premises where a failure to comply with or a contravention of

this Act or the regulations is believed to occur has been denied.

(4) The

sworn or affirmed information submitted by telephone, facsimile or other means

of telecommunication by a police officer shall specify the name of the person

giving evidence, the facts ascertained and the manner and location in which

evidence was received, and a record of that information shall be filed by the

judge with the clerk of the court over which the judge presides.

Search warrants

15. Notwithstanding another

section of this Act, t he provisions of the Criminal Code adopted by

section 6 of the Provincial Offences Act relating to the issue of search

warrants may be invoked for the purposes of a search made under this Act in

respect of which a search warrant is required or is desirable.

Violation notice

(1) Where a police officer has seized a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment from a person in accordance with

section 13 or 15,

the police officer may issue a violation notice to that person.

(2) A violation

notice shall include the following information:

(

a) the

offence for which the violation notice is issued;

(

b) the

date, time and location of the offence;

(

c) the

name and identifying information of the person to whom the violation notice is issued;

(

d) a

description of the items being seized; and

(

e) any

other information prescribed in the regulations.

(3) When

a violation notice is issued, the police officer shall inform the person named

in the violation notice that the person has the option of immediately

forfeiting the law enforcement article, law enforcement uniform, law

enforcement vehicle marking or law enforcement vehicle equipment to the Crown

by allowing the police officer to take possession of the law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment to be disposed of or otherwise dealt with as the

minister directs.

(4) Where

a violation notice is issued and the law enforcement article, law enforcement

uniform, law enforcement vehicle marking or law enforcement vehicle equipment is

forfeited under subsection (3), a prosecution shall not be commenced under this

Act respecting the matter referred to in the violation notice.

(5) Nothing

in this

section requires a police officer to issue a violation notice before

initiating a prosecution under this Act.

Procedures subsequent

to violation notice

(1) Where a person named in a violation notice has

forfeited a law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under subsection

16(3), the person may, within 30 days of the forfeiture, revoke the forfeiture

by providing a written notice containing the information prescribed in the

regulations to the police agency that employs the police officer who issued the

violation notice.

(2) Where

a violation notice is issued to a person and the law

enforcement article, law enforcement

uniform, law enforcement vehicle marking or law enforcement vehicle equipment is not forfeited under subsection 16(3), or a person

gives notice of revocation under subsection (1),

(

a) the

police agency referred to in subsection (1) shall retain the seized law

enforcement article, law enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle equipment; and

(

b) the

person may be prosecuted in accordance with this Act in the same manner as if

the violation notice had not been issued.

(3) Where,

anytime on or before the expiry of 30 days from the date of forfeiture under

subsection 16(3), a revocation has not been made in accordance with subsection

(1) and a person is able to satisfy a police officer employed by the police

agency referred to in subsection (1) that the person is authorized to possess

the law enforcement article, law enforcement uniform, law

enforcement vehicle marking or law

enforcement vehicle equipment, the police officer shall,

without delay, return the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to the

person.

Application for

forfeiture

(1) Where a person has not been

charged with an offence under this Act or the regulations within 6 months of a

seizure of a law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment, a police officer shall make an application to a judge

for an order that the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment be

forfeited to the Crown to be disposed of or otherwise dealt with as the minister

directs.

(2) Where,

any time before the hearing of the application under subsection (1), a person

is able to satisfy the police officer making the application under subsection

(1), or another police officer employed by the same police agency, that the

person is authorized to possess the seized law

enforcement article, law enforcement

uniform, law enforcement vehicle

marking or law enforcement vehicle

equipment, the police officer shall, without delay, return the law enforcement

article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to the person.

(3) Where

a person has been charged with an offence under this Act or the regulations, a police officer shall make an application to a judge for an order

that the law enforcement article, law enforcement

uniform, law enforcement vehicle

marking or law enforcement vehicle

equipment be forfeited to the Crown to be disposed of

or otherwise dealt with as the minister directs, where

(

a) the charge has not resulted in a conviction;

(

b) all appeals have been exhausted or the time

limit for appeals has expired without an appeal having been taken; and

(

c) one or more of the following apply:

(

i) the person's

location is not known,

(ii) the person has not attempted to obtain the law

enforcement article, law enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle equipment that have been seized from the person, or

(iii) the person is not authorized to possess the

law enforcement article, law enforcement uniform, law enforcement vehicle

marking or law enforcement vehicle equipment that have been seized from the

person.

(4) Notice

of an application under subsection (1) or (3) shall be given to

(

a) the

person from whom the law enforcement article, law

enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle

equipment was seized, where the person's location is known; and

(

b) a

person who is authorized to possess the law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment, where such

person exists and the person's location is known.

(5) Notice under subsection (4) shall be given not fewer than 30 days before the application

is to be heard and in accordance with the regulations.

(6) Where

a person is convicted of an offence under this Act or the regulations, a judge

shall order that any law enforcement article, law

enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment seized

under this Act, in addition to any other penalty provided for by this Act, be

forfeited to the Crown to be disposed of or otherwise dealt with as the minister

directs.

(7) Notwithstanding subsection (6) , where a person who is authorized to possess

the law enforcement article, law enforcement uniform, law

enforcement vehicle marking or law

enforcement vehicle equipment exists and is known, the

judge may order the law enforcement article, law

enforcement uniform, law enforcement vehicle marking

or law enforcement vehicle

equipment be returned to that person.

(8) Notwithstanding subsection (7), w here a person is convicted by way of a ticket

under the Provincial Offences Act in

relation to a contravention of this Act or the regulations, any law enforcement article,

law enforcement uniform, law enforcement vehicle marking or law

enforcement vehicle equipment seized under this Act shall

be forfeited to the Crown to be disposed of or otherwise dealt with as the minister

directs.

No liability

19. An action or other proceeding does not lie

against a police officer

or any other person acting under the authority of this Act or the regulations for

any loss or damage suffered by a person because of anything done or omitted to

be done in good faith in the performance or intended performance of a duty or

in the exercise or intended exercise of a power under this Act or the

regulations.

Offence and

penalty

(1) An individual who contravenes this

Act or the regulations is guilty of an offence and liable on

summary conviction

to a fine of not less than $300 and not more than $10,000 or imprisonment for

not more than 3 months, or to both fine and imprisonment.

(2) A

corporation that contravenes this Act or the regulations is guilty of an

offence and liable on

summary conviction to a fine of not less than $500 and not

more than $25,000.

(3) Where

a corporation contravenes this Act or the regulations, a director or officer of

the corporation who authorized, permitted or

acquiesced in the contravention is also guilty of an offence and liable on

summary conviction to the penalties set out in subsection (1), whether or not

the corporation has been prosecuted or convicted.

Regulations

21. The minister may make regulations

(

a) prescribing other persons for the purpose of

subparagraph 2(c)(iii );

(

b) prescribing other items for the purpose of

subparagraph 2(d)(ii );

(

c) prescribing other persons for the purpose of paragraph

3(2)(b );

(

d) prescribing other uses for the purpose of subparagraph

4(3)(a)(iv );

(

e) prescribing, for the purpose of a notice

required under paragraph 4(3)(b), 5(4)(b), 6(3)(

b) and subsection 10(3), the persons

who shall receive notice and the timing and content of the notice;

(

f) prescribing training academies for the purpose

of paragraph 5(2)(g );

(

g) prescribing other persons or classes of

persons who may possess law enforcement articles, law enforcement uniforms, law

enforcement vehicle markings or law enforcement vehicle equipment;

(

h) prescribing the process for rendering law

enforcement articles and law enforcement uniforms unserviceable;

(

i) prescribing

circumstances where law enforcement articles or law enforcement uniforms that

are issued to former law enforcement officers are not required to be rendered unserviceable;

(

j) prescribing other information that shall be contained

in a violation notice ;

(

k) prescribing the information that shall be

contained in a notice under subsection 17(1);

(

l) respecting the provision of notice under subsection

18(4);

(

m) defining

a word or expression used but not defined in this Act; and

(

n) generally to give effect to the purpose of this Act.

NLR 78/99 Amdt .

Section 2 of the Provincial Offences Ticket Regulations,

1999 under the Provincial Offences Act is amended by adding immediately after paragraph (e.1) the

following:

(e.2) a

provision of the Law Enforcement Identity Management Act or a regulation

made under that Act;

Commencement

23. This

Act comes into force on a day to be proclaimed by the Lieutenant-Governor in

Council.

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