2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 31 – 2019

POLICE AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Police Act,

section 38.06] allows the chief civilian director to appoint as an IIO investigator a person who was a member of a police force in British Columbia during the past 5 years.

Section 38.06 (3) of the Police Act, R.S.B.C. 1996, c. 367, is repealed and the following substituted:

(3) The chief civilian director may not appoint a person under subsection (2) if the person is currently a member of

(

a) a police force in British Columbia,

(

b) a police force or law enforcement agency outside British Columbia, or

(

c) the Royal Canadian Mounted Police.

SECTION 2: [Police Act,

section 38.06] prohibits the chief civilian director from appointing as an IIO investigator a person who was a member of a police force in British Columbia during the past 5 years.

Section 38.06 (3) is repealed and the following substituted:

(3) The chief civilian director may not appoint a person under subsection (2) if the person

(

a) is currently a member of a police force or law enforcement agency outside British Columbia,

(

b) is currently a member of the Royal Canadian Mounted Police, or

(

c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.

SECTION 3: [Police Act,

section 38.11] provides that the chief civilian director may refer a matter to Crown counsel if the chief civilian director considers that there are reasonable grounds to believe that an officer may have committed an offence.

Section 38.11 is amended

(

a) by striking out " the chief civilian director considers that an officer may have committed an offence " and substituting " the chief civilian director considers that there are reasonable grounds to believe that an officer may have committed an offence ", and

(

b) by striking out " must report " and substituting " may report ".

Commencement

4 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

June 1, 2019

Section 2

June 1, 2021

Explanatory Notes

SECTION 1: [Police Act,

section 38.06] allows the chief civilian director to appoint as an IIO investigator a person who was a member of a police force in British Columbia during the past 5 years.

SECTION 2: [Police Act,

section 38.06] prohibits the chief civilian director from appointing as an IIO investigator a person who was a member of a police force in British Columbia during the past 5 years.

SECTION 3: [Police Act,

section 38.11] provides that the chief civilian director may refer a matter to Crown counsel if the chief civilian director considers that there are reasonable grounds to believe that an officer may have committed an offence.

Copyright (

c) Queen’s Printer, Victoria, British Columbia, Canada