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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND

MINISTER RESPONSIBLE FOR

MULTICULTURALISM,

HUMAN RIGHTS AND

IMMIGRATION

BILL 16 – 1997

POLICE AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended

(

a) by repealing the definition of "board" and substituting the following:

"board" means,

(

a) in relation to a municipal police department, a municipal police board,

(

b) in relation to a designated policing unit, the designated board established for

that designated policing unit, and

(

c) in relation to a designated law enforcement unit, the designated board

established for that designated law enforcement unit; ,

(

b) in the definition of "chief constable" by striking out "municipal police force" and

substituting "municipal police department" ,

(

c) by repealing the definition of "commission" ,

(

d) by adding the following

definitions:

"chief officer" means a chief officer appointed under

section 4.2 (c) (iv) (

A) or 18.2 (d) (iii) (A);

"designated board" means a board established under

section 4.1 (7) or 18.1 (7);

"designated constable" means a constable appointed under

section 4.1 (11);

"designated law enforcement unit" means a designated law enforcement unit

established under

section 18.1 (7);

"designated policing unit" means a designated policing unit established under

section 4.1 (7);

"director" means the Director of Police Services, Ministry of Attorney General;

"entity" means any of the following:

(

a) a municipality;

(

b) a regional district;

(

c) a government corporation;

(

d) any other prescribed entity;

"government corporation" means government corporation as defined in the

Financial Administration Act ;

"municipal police board" means a municipal police board established under

section 23;

"officer" , except in

section 47 (2), means a person appointed under this Act as a

provincial constable, special provincial constable, designated constable,

municipal constable, special municipal constable, auxiliary constable or

enforcement officer, but does not include a person who is a member of the Royal

Canadian Mounted Police;

"police complaint commissioner" means the police complaint commissioner

appointed under

section 47 (1) or 49 (1); ,

(

e) in the definition of "enforcement officer" by striking out "appointed under

section 37;" and substituting "appointed under

section 18.1 (11);" , and

(

f) by repealing the definition of "municipal police force" and substituting the

following:

"municipal police department" means a municipal police department established

under

section 26; .

2 Sections 2 to 4, 15 (1) (a), 16, 17 (3), 18 (3) and (4), 26 (1) and 27 (1) are amended by

adding "and law enforcement" after "policing" wherever it appears.

3 Sections 3 (1) (

c) and (2) (

a) and (c), 10 (2), 18 (3) (a), 26 (1) to (4), 34 (1) and (2), 35

(2) and 38 (4) are amended by striking out "municipal police force" wherever it appears and

substituting "municipal police department" .

4 The following sections are added:

Designated policing

4.1

(1) In this

section and

section 4.2:

"designated policing" means policing and law enforcement provided in place of or

supplemental to the policing and law enforcement otherwise provided by the

provincial police force or a municipal police department;

"entity" does not include a municipality with a population of more than 5 000

persons.

(2) Subject to this

section and despite

section 3, on application by an entity, the

minister may establish, on behalf of the entity, a designated policing unit to

provide designated policing.

(3) Subject to subsection (4), an application under subsection (2) must include the

following:

(

a) a description of all policing and law enforcement services to be provided by

the designated policing unit on behalf of the entity, including a description

of the geographical area within which the services are to be provided;

(

b) a description of the qualifications required of the designated constables of

the designated policing unit;

(

c) a description of the governance of the designated policing unit, including

(

i) the identification or proposed establishment of a board whose

function it will be to govern, administer and operate the designated

policing unit, and

(ii) the proposed membership of the board referred to in

subparagraph (i);

(

d) an explanation as to how the designated policing is to be coordinated with

the policing and law enforcement otherwise provided by the provincial

police force or municipal police department, as the case may be, in the

geographical area within which the designated policing is to be provided;

(

e) a written statement endorsing the application, from each of the following

persons:

(

i) the chief constable of each municipal police department in the

geographical area within which the designated policing is to be

provided;

(ii) the commissioner, if the designated policing is to be provided in a

geographical area within which the provincial police force regularly

provides policing and law enforcement;

(

f) any other information the minister may require.

(4) If the application referred to in subsection (3) is made by an entity that employs

special provincial constables, the minister may waive, at the minister's discretion,

one or more of the application requirements under subsection (3) (

a) to (e).

(5) The minister may approve an entity's application on any terms the minister may

require.

(6) If the minister and the entity agree on the terms referred to in subsection (5), the

minister must forward the application to the Lieutenant Governor in Council for

approval.

(7) If the Lieutenant Governor in Council approves the application, the minister must

establish, on behalf of the entity and in accordance with the terms of the application,

(

a) a designated policing unit, and

(

b) a designated board.

(8) The designated board referred to in subsection (7) may consist of one or more

persons appointed under subsection (9).

(9) After consulting with the entity, the minister may appoint those persons the

minister considers suitable as members of the board, and the minister must

appoint one of the members as chair.

(10) The designated policing unit established under subsection (7) may consist of one

or more designated constables appointed under subsection (11).

(11) Subject to the approval of the minister, the designated board may appoint persons

considered suitable as designated constables to perform designated policing.

(12) A person appointed under subsection (11) is

(

a) appointed for the term specified in the appointment, and

(

b) subject to the terms of employment determined by the entity.

(13) Subject to the restrictions specified in the appointment and to the regulations, a

person appointed under subsection (11) has the powers, duties and immunities of

a provincial constable.

(14) Costs incurred by the government in establishing a designated policing unit and

its board on behalf of an entity are a debt due to and recoverable by the

government.

Regulations respecting a designated policing unit

4.2

(1) In this section, "local government" means the council of a municipality, the

board of a regional district or the council of a band under the Indian Act (Canada).

(2) The minister may make regulations respecting a designated policing unit and its

board under

section 4.1, including, without limitation, the following:

(

a) prescribing the geographical area within which the designated policing unit

and its designated constables must operate;

(

b) prescribing the practices, procedures and quorum of the board;

(

c) prescribing the powers, duties and functions of the board, including,

(

i) a duty to

(

A) enforce, within the geographical area prescribed by the

minister, the bylaws of the local government of the area, the

criminal law and the laws of British Columbia,

(

B) generally maintain law and order in the area, and

(

C) prevent crime,

(ii) a duty to determine in consultation with the minister and the chief

officer, if any, the priorities, goals and objectives of the designated

policing unit,

(iii) a duty to report to the minister on

(

A) the activities of the designated policing unit, and

(

B) the implementation of programs and strategies to achieve the

priorities, goals and objectives referred to in subparagraph (ii),

(iv) a power to appoint on behalf of the entity, subject to the minister's

approval,

(

A) a chief officer who has, under the direction of the board, general

supervision and command over the designated constables of the

designated policing unit,

(

B) a deputy chief officer, and

(

C) those designated constables the board considers necessary, and

(

v) a duty to make rules consistent with this Act and the regulations

respecting the following:

(

A) the standards, guidelines and policies for the administration of

the designated policing unit;

(

B) the prevention of neglect and abuse by the designated

constables;

(

C) the efficient discharge of duties and functions by the designated

policing unit and the designated constables;

(

d) prescribing the powers, duties and functions of a person appointed under

paragraph (c) (iv) (

A) or (B);

(

e) prescribing the conditions of and the qualifications for appointments under

paragraph (c) (iv);

(

f) prescribing the standards for training, or for retraining, that a designated

constable of the designated policing unit must meet;

(

g) prescribing the restrictions, including geographical restrictions, on the

powers, duties and functions of a designated constable of the designated

policing unit;

(

h) respecting accommodation, equipment and supplies for

(

i) the operations of and use by the designated policing unit, and

(ii) the detention of persons required to be held in police custody;

(

i) respecting any other matter the minister considers necessary and advisable

concerning the designated policing unit and its board.

Section 6 is amended by striking out "a special provincial constable" and substituting "a

special provincial constable, a designated constable" .

Section 9 (3) is amended by striking out "Subject to the restrictions the minister specifies

in the appointment," and substituting "Subject to the restrictions specified in the appointment and the regulations," .

Section 10 is amended

(

a) in subsection (1) by striking out "Subject to the regulations, a provincial constable, an

auxiliary constable" and substituting "Subject to the restrictions specified in the

appointment and the regulations, a provincial constable, an auxiliary constable, a

designated constable" , and

(

b) in subsection (2) by striking out "provincial constable, auxiliary constable" and

substituting "provincial constable, auxiliary constable, designated constable" .

8 The following

section is added:

Standards of training

10.1 An officer must meet the standards for training, or for retraining, that are prescribed

by the minister for that class of officer.

Section 11 is repealed and the following substituted:

Ministerial liability

(1) The minister, on behalf of the government, is jointly and severally liable for torts

committed by

(

a) provincial constables, auxiliary constables, special provincial constables

and enforcement officers appointed on behalf of a ministry, if the tort is

committed in the performance of their duties, and

(

b) municipal constables and special municipal constables in the performance

of their duties when acting in other than the municipality where they

normally perform their duties.

(2) Even though a person referred to in subsection (1) (

a) or (

b) is not found liable

for a tort allegedly committed by the person in the performance of his or her

duties, the minister may pay an amount the minister considers necessary to

(

a) settle a claim against the person for a tort allegedly committed by the person

in the performance of his or her duties, or

(

b) reimburse the person for reasonable costs incurred by the person in

defending a claim against the person for a tort allegedly committed in the

performance of his or her duties.

(3) The Minister of Finance and Corporate Relations must pay out of the consolidated revenue fund, on the requisition of the minister, money required for the

purposes of subsection (2).

Part 4 is amended by repealing the heading to that Part and substituting:

Municipalities and Entities .

Section 15 (1) (

a) and (

b) is amended by adding "or

police department" after "police force" .

Section 15 (1) (b) (ii) is amended by striking out "required

to be held in custody." and substituting "required to be held

in police custody other than on behalf of the government."

Section 15 (2) is amended by adding "or law enforcement"

after "policing" wherever it appears.

14 Sections 17 (1) and (2), 27 (3) and 29 (2) (

a) are amended

by striking out "the commission" wherever it appears and substituting

"the director" .

15 The following

section is added:

Failure of entities to comply

17.1

(1) If the director considers that a designated

policing unit, its board or its designated constables, or a designated law enforcement

unit, its board or its enforcement officers, are not complying with the Act

or the regulations, the director must send a notice to the board that

(

a) identifies the non-compliance,

(

b) identifies the entity on behalf of which the designated

policing unit or designated law enforcement unit was established,

(

c) directs the entity to correct the failure to comply,

and

(

d) specifies the manner in which and the time within

which the failure is to be corrected.

(2) On being notified by the director that a notice sent

under subsection (1) has not been complied with, the minister may, on terms

the minister considers appropriate, do one or more of the following:

(

a) appoint one or more officers as necessary to provide

the policing or law enforcement in place of the designated policing unit's designated

constables or the designated law enforcement unit's enforcement officers, as

the case may be;

(

b) use the provincial police force to provide the necessary

policing or law enforcement in place of the designated policing unit's designated

constables or the designated law enforcement unit's enforcement officers, as

the case may be;

(

c) take other steps the minister considers necessary.

(3) The entity referred to in subsection (1) must pay

all costs of policing and law enforcement incurred under subsection (2).

(4) Costs incurred by the government under subsection

(2) are a debt due to and recoverable by the government from the entity referred

to in subsection (1).

Section 18 (1) is amended

(

a) by striking out "boards" and substituting "municipal

police boards" , and

(

b) by striking out "municipal police forces" and substituting

"municipal police departments" .

Section 18 (2) is amended by striking out "police forces."

and substituting "police departments."

18 The following sections are added:

Enforcement officers for enactments

18.1

(1) In this

section and

section 18.2, "designated

law enforcement" means supplemental law enforcement provided to enforce

all or any part of one or more enactments of British Columbia or Canada.

(2) Subject to this section, on application by an entity,

the minister may establish, on behalf of the entity, a designated law enforcement

unit to provide designated law enforcement.

(3) Subject to subsection (4), an application under subsection

(2) must include the following:

(

a) a description of all law enforcement services to be

provided by the designated law enforcement unit, including a list of each enactment

of British Columbia or Canada and each part of an enactment of British Columbia

or Canada that is to be enforced by enforcement officers of the designated law

enforcement unit, and a description of the geographical area within which the

law enforcement services are to be provided;

(

b) a description of the qualifications required of the

enforcement officers of the designated law enforcement unit;

(

c) a description of the governance of the designated

law enforcement unit, including

(

i) the identification or proposed establishment of a

board whose function it will be to govern, administer and operate the designated

law enforcement unit, and

(ii) the proposed membership of the board referred to

in subparagraph (i);

(

d) an explanation as to how the services referred to

in paragraph (

a) are to be coordinated with the policing and law enforcement

otherwise provided in the geographical area within which the enforcement officers

are to exercise their jurisdiction;

(

e) a written statement endorsing the application, from

each of the following persons:

(

i) the chief constable of each municipal police department

in the geographical area within which the designated law enforcement is to be

provided;

(ii) the commissioner, if the designated law enforcement

is to be provided in a geographical area within which the provincial police

force regularly provides policing and law enforcement;

(

f) any other information the minister may require.

(4) If the application referred to in subsection (3) is

made by an entity that employs special provincial constables, the minister may

waive, at the minister's discretion, one or more of the application requirements

under subsection (3) (

a) to (e).

(5) The minister may approve an entity's application on

any terms the minister may require.

(6) If the minister and the entity agree on the terms

referred to in subsection (5), the minister must forward the application to

the Lieutenant Governor in Council for approval.

(7) If the Lieutenant Governor in Council approves the

application, the minister must establish, on behalf of the entity and in accordance

with the terms of the application,

(

a) a designated law enforcement unit, and

(

b) a designated board.

(8) The designated board referred to in subsection

(7) may consist of one or more persons appointed under subsection (9).

(9) After consulting with the entity, the minister may

appoint those persons the minister considers suitable as members of the board,

and the minister must appoint one of the members as chair.

(10) The designated law enforcement unit established under

subsection (7) may consist of one or more enforcement officers appointed under

subsection (11).

(11) Subject to the approval of the minister, the designated

board may appoint one or more of the entity's employees as enforcement officers

to enforce those enactments, or parts of enactments, of British Columbia or

Canada that the minister prescribes as the enactments to be enforced by the

designated law enforcement unit.

(12) A person appointed under subsection (11) is

(

a) appointed for the term specified in the appointment,

and

(

b) subject to the terms of employment determined by the

entity.

(13) Subject to the restrictions specified in the appointment

and to the regulations, a person appointed under subsection (11) is authorized

to exercise the powers and perform the duties of a constable or peace officer

exclusively for the purpose of enforcing those enactments, or parts of enactments,

of British Columbia or Canada that the minister prescribes as the enactments

to be enforced by the designated law enforcement unit.

(14) If a person appointed under subsection (11) exercises

jurisdiction under subsection (13) in a municipality having a municipal police

department, he or she must, if possible, notify the municipal police department

in advance, but in any case must promptly after exercising jurisdiction notify

the municipal police department of the municipality.

(15) Costs incurred by the government in establishing

a designated law enforcement unit and its board on behalf of an entity are a

debt due to and recoverable by the government.

Regulations respecting a designated law enforcement unit

18.2 The minister may make regulations respecting

a designated law enforcement unit and its board under

section 18.1, including,

without limitation, the following:

(

a) prescribing each enactment, and each part of an enactment,

of British Columbia or Canada that is to be enforced by the designated law enforcement

unit;

(

b) prescribing the geographical area within which the

designated law enforcement unit and its enforcement officers must operate;

(

c) prescribing the practices, procedures and quorum of

the board;

(

d) prescribing the powers, duties and functions of the

board, including,

(

i) a duty to determine in consultation with the minister

and the chief officer, if any, the priorities, goals and objectives of the designated

law enforcement unit,

(ii) a duty to report to the minister on

(

A) the activities of the designated law enforcement unit,

and

(

B) the implementation of programs and strategies to achieve

the priorities, goals and objectives referred to in subparagraph (i),

(iii) a power to appoint on behalf of the entity, subject

to the minister's approval,

(

A) a chief officer who has, under the direction of the

board, general supervision and command over the enforcement officers of the

designated law enforcement unit,

(

B) a deputy chief officer, and

(

C) those enforcement officers the board considers necessary,

and

(iv) a duty to make rules consistent with this Act and

the regulations respecting the following:

(

A) the standards, guidelines and policies for the administration

of the designated law enforcement unit;

(

B) the prevention of neglect and abuse by the enforcement

officers;

(

C) the efficient discharge of duties and functions by

the designated law enforcement unit and the enforcement officers;

(

e) prescribing the powers, duties and functions of a

person appointed under paragraph (d) (iii) (

A) or (B);

(

f) prescribing the conditions of and the qualifications

for appointments under paragraph (d) (iii);

(

g) prescribing the standards for training, or for retraining,

that an enforcement officer of the designated law enforcement unit must meet;

(

h) prescribing the restrictions, including geographical

restrictions, on the powers, duties and functions of an enforcement officer

of the designated law enforcement unit;

(

i) respecting accommodation, equipment and supplies for

(

i) the operations of and use by the designated law enforcement

unit, and

(ii) the detention of persons required to be held in police

custody;

(

j) respecting any other matter the minister considers

necessary and advisable concerning the designated law enforcement unit and its

board.

Section 19 is repealed and the following substituted:

Aid to spouses and children

(1) Despite any other Act, a municipal council

or board of a regional district may, in its discretion, grant pecuniary aid

to the spouses or children of municipal constables, special municipal constables,

auxiliary constables, designated constables, enforcement officers or bylaw enforcement

officers killed or injured in the performance of their duties.

(2) Despite any other Act, a government corporation or

prescribed entity, on behalf of which a designated policing unit or designated

law enforcement unit is established, may, in its discretion, grant pecuniary

aid to the spouses or children of any of its designated constables or enforcement

officers killed or injured in the performance of their duties.

Section 20 is repealed and the following substituted:

Liability for torts

(1) Subject to an agreement under

section 18

(1) or 23 (2),

(

a) a municipality is jointly and severally liable for

a tort that is committed by any of its municipal constables, special municipal

constables, designated constables, enforcement officers, bylaw enforcement officers

or employees of its municipal police board, if any, if the tort is committed

in the performance of that person's duties, and

(

b) a regional district, government corporation or other

prescribed entity is jointly and severally liable for a tort that is committed

by any of its designated constables or enforcement officers, if the tort is

committed in the performance of that person's duties.

(2) If it is alleged or established that any municipal

constable, special municipal constable, designated constable, enforcement officer,

bylaw enforcement officer or employee referred to in subsection (1) has committed

a tort in the performance of his or her duties, the respective board and any

members of that board are not liable for the claim.

(3) Despite subsection (2), if it is alleged or established

that any municipal constable, special municipal constable, designated constable,

special provincial constable, enforcement officer, bylaw enforcement officer

or employee referred to in subsection (1) has committed a tort in the performance

of his or her duties, the respective municipality, regional district, government

corporation or other prescribed entity on behalf of which that person is employed

may, in the discretion of the following, pay an amount that it considers necessary

to settle the claim or a judgment against that person and may reimburse him

or her for reasonable costs incurred in opposing the claim:

(

a) in the case of a municipality, the council of the

municipality;

(

b) in the case of a regional district, the board of the

regional district;

(

c) in the case of a government corporation or other prescribed

entity, that entity itself.

Section 21 (4) is repealed and the following substituted:

(4) Subsection (2) does not absolve any of the following,

if they would have been liable had this

section not been in force, from vicarious

liability arising out of a tort committed by the police officer or other person

referred to in that subsection:

(

a) a municipality, in the case of a tort committed by

any of its municipal constables, special municipal constables, designated constables,

enforcement officers, bylaw enforcement officers or an employee of its municipal

police board, if any;

(

b) a regional district, government corporation or prescribed

entity, in the case of a tort committed by any of its designated constables

or enforcement officers;

(

c) the minister, in a case to which

section 11 applies.

Section 22 is repealed and the following substituted:

Municipal assistance for costs of proceedings

(1) Despite

section 236 of the Municipal

Act, if a municipality's municipal constable, special municipal constable,

designated constable, enforcement officer or bylaw enforcement officer, or if

an employee of a municipal police board, has been charged with an offence against

an enactment of British Columbia or Canada, or against a municipal or regional

district bylaw, in connection with the performance of his or her duties, the

council of the municipality may,

(

a) on the recommendation of its municipal police board,

if the person is an employee of the municipal police board, or

(

b) on its own initiative, in any other case,

to the extent that it considers appropriate in the circumstances, pay the costs

incurred and not recovered by him or her in the proceedings following or otherwise

connected with the charge.

(2) Despite

section 236 of the Municipal Act, if

a regional district's designated constable or enforcement officer has been charged

with an offence against an enactment of British Columbia or Canada, or against

a municipal or regional district bylaw, in connection with the performance of

his or her duties, the board of the regional district may, to the extent that

it considers appropriate in the circumstances, pay the costs incurred and not

recovered by him or her in the proceedings following or otherwise connected

with the charge.

Part 5 is amended by repealing the heading to that Part and

substituting:

Municipal Police Boards .

Section 23 (1) is repealed and the following substituted:

(1) Subject to the minister's approval, the council of

a municipality required to provide policing and law enforcement under

section

15 may provide policing and law enforcement by means of a municipal police department

governed by a municipal police board consisting of

(

a) the mayor of the council,

(

b) one person appointed by the council, and

(

c) not more than 5 persons appointed, after consultation

with the director, by the Lieutenant Governor in Council.

25 Sections 23 (3), 26 (1), (2), (3) (

a) to (c), (4) and (5),

27 (1) and (3) to (6), 29 (2), 34 (1), 35 (1), (3) and (4) and 36 (1) (

a) and

(b), (2) and (3) are amended by striking out "board" wherever

it appears and substituting "municipal police board" .

Section 24 is repealed and the following substituted:

Membership of municipal police boards

(1) A person who is a councillor or is ineligible

to be elected as a councillor must not be appointed to a municipal police board.

(2) A person appointed to a municipal police board under

section 23

(

a) holds office for a term, not longer than 4 years,

that the Lieutenant Governor in Council determines, and

(

b) may be reappointed, subject to subsection (3).

(3) A person is not eligible to hold office as an appointed

member of a municipal police board for a period greater than 6 consecutive years.

Section 25 is repealed and the following substituted:

Chair of municipal police board

(1) The mayor of a council referred to in

section

23 is the chair of the municipal police board.

(2) If the mayor is absent or unable to act, the municipal

police board members present at a meeting of the municipal police board must

elect from among themselves a chair to preside at the meeting.

(3) In case of a tie vote at a meeting of a municipal

police board, the chair may cast the deciding vote.

Section 27 (3) (

b) is amended by striking out "its

findings" and substituting "the director's findings" .

Section 28 is repealed and the following substituted:

Rules

(1) A municipal police board must make rules

consistent with this Act and the regulations respecting the following:

(

a) the standards, guidelines and policies for the administration

of the municipal police department;

(

b) the prevention of neglect and abuse by its municipal

constables;

(

c) the efficient discharge of duties and functions by

the municipal police department and the municipal constables.

(2) A rule under subsection (1) is enforceable against

any person only after it is filed with the director.

Section 29 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A municipal police board may study, investigate and

prepare a report on matters concerning policing, law enforcement and crime prevention

in its municipality. , and

(

b) in subsection (2) (

b) and (

c) by striking out "a municipal

constable, special municipal constable, enforcement officer or bylaw enforcement

officer," wherever it appears and substituting "any of its municipal

constables, special municipal constables or bylaw enforcement officers," .

Section 30 is amended by striking out "detained in

a place of detention." and substituting "detained in a place of

detention on behalf of the government."

Section 33 is repealed and the following substituted:

Duties of committees

33 A committee has the following duties:

(

a) to promote a good relationship among

(

i) the residents of the area of British Columbia in which

the committee has jurisdiction,

(ii) the provincial police force, and

(iii) any designated policing units or designated law

enforcement units that may be operating in that area;

(

b) to bring to the attention of the minister, the provincial

police force, the designated policing units and the designated law enforcement

units, any matters concerning the adequacy of policing and law enforcement in

the area of British Columbia in which the committee has jurisdiction, and to

make recommendations on those matters to the minister, the provincial police

force, the designated policing units and the designated law enforcement units;

(

c) to perform other duties that the minister may specify.

Part 7 is amended by repealing the heading to that Part and

substituting:

Municipal Police Department .

Section 37 is repealed.

35 Parts 8 and 9 are repealed and the following substituted:

Part 8 – Director of Police Services

Director of Police Services

(1) On behalf of the minister and subject to

the direction of the minister, the director is responsible for superintending

policing and law enforcement functions in British Columbia.

(2) Subject to the Public Service Act , the

director may

(

a) employ or retain the persons the director considers

necessary to carry out the business of the director's office, and

(

b) designate the title, office and responsibilities of

persons employed or retained under paragraph (a).

(3) Despite the Public Service Act but subject

to the minister's approval, the director may engage and retain any person the

director considers necessary as a consultant, expert or specialist.

Functions of the director

(1) Without limiting

section 39 (1), the director

has the following functions:

(

a) to inspect and report on the quality and standard

of policing and law enforcement services delivery, including but not limited

(

i) inspecting policing and law enforcement operations

and procedures,

(ii) evaluating programs for

(

A) training persons who intend to become officers,

(

B) training officers,

(

C) retraining officers, and

(

D) training officers who are eligible for advanced training,

and

(iii) evaluating standards of policing and law enforcement;

(

b) to maintain a system of statistical records required

to carry out inspections, evaluations and research studies;

(

c) to consult with and provide information and advice

to the minister, chief constables, chief officers, boards and committees, on

matters related to policing and law enforcement;

(

d) to make recommendations to the minister about appointments

to a board;

(

e) to make recommendations to the minister on

(

i) the minimum standards for the selection and training

of officers or classes of officers,

(ii) the use of force by officers or classes of officers,

including, without limitation, their training and retraining in the use of force,

and

(iii) any other matter related to policing and law enforcement;

(

f) to establish and carry out, or approve and supervise,

programs to promote cooperative and productive relationships between officers

and the public;

(

g) to assist in the coordination of policing and law

enforcement provided by the provincial police force, municipal police departments,

designated policing units and designated law enforcement units;

(

h) to report to the minister on the activities of police

forces, police departments, designated policing units and designated law enforcement

units in their provision of policing and law enforcement services;

(

i) to perform other functions and duties assigned to

the director under this Act or the regulations or under the Private Investigators

and Security Agencies Act and its regulations.

(2) If a report is completed under subsection (1) (a),

the director

(

a) must submit a copy of the report to the minister,

and

(

b) may distribute a copy of the report to those persons

the director considers appropriate.

(3) The director may inspect the records, operations and

systems of administration of any policing or law enforcement operation but only

if the director gives written notice of the inspection

(

a) to the minister, and

(

b) to the chair of the board or to a person designated

by the minister as the person in charge of the operation.

(4) If requested by the minister, the director must inspect

the records, operations and systems of administration of any policing or law

enforcement operation, on notice to the chair of the board or to a person designated

by the minister as the person in charge of the operation.

Rules of practice and procedure of the director

(1) The director must make rules, not inconsistent

with this Act and the regulations, respecting the director's practice and procedure

and the exercise of the director's powers under this Act and the regulations,

and may establish forms required to be used for those purposes.

(2) A rule under subsection (1) is binding on a person

only after the rule is approved by the minister.

Studies by director

(1) The director must, on request of the minister,

and the director may, on the director's own initiative or on request of a council

or board, study, investigate and prepare a report on matters concerning policing,

law enforcement and crime prevention in British Columbia or in a designated

area of British Columbia.

(2) The costs of a study requested by the minister under

subsection (1) must be paid by the Minister of Finance and Corporate Relations

from the consolidated revenue fund.

(3) The director must submit a report prepared under subsection

(1) to the minister.

Inquiries

43 On request of the minister, the director must

inquire into and report to the minister on matters

(

a) regarding crime and its investigation and control,

and

(

b) of policing and law enforcement.

Special investigations

(1) Despite this Act,

(

a) the minister, or

(

b) the director, on the director's own initiative or

on request of the police complaint commissioner or a board,

may at any time order an investigation into an alleged act, or an alleged omission

of

an act, committed by any person appointed under this Act.

(2) An investigation under subsection (1) must be performed

by the person and in the manner specified in the minister's order or director's

order, as the case may be.

(3) The costs of an investigation ordered by the minister

under subsection (1) must be paid by the Minister of Finance and Corporate Relations

from the consolidated revenue fund.

Delegation

45 The director may authorize one or more of the

director's employees to exercise the powers and perform the duties and functions

of the director under sections 40 and 42 to 44.

Part 9 – Complaint Procedure

Division 1 –

Interpretation

Definitions and

interpretation

(1) In this Part:

"adjudicator" means a Provincial Court judge assigned

under

section 60.1 (3) or (6) to preside at a public hearing;

"agent" , in relation to a person who is a member

of a trade union in which the majority of employees is engaged in police duties,

means an individual of the person's choice and includes the trade union representative

provided under the applicable collective agreement, but does not include counsel

for the person;

"business day" means a day other than a Saturday

or a holiday;

"Code of Professional Conduct" means the prescribed

code of conduct;

"complainant" means the person who submitted a

complaint under

section 52 in relation to which a record of complaint is subsequently

lodged under that section;

"complaint" means a complaint submitted under

section

52 and includes a report made under

section 65.1;

"complaint disposition" means the decision or resolution

that concludes the complaint process under this Part and includes

(

a) a final decision under

section 54 (7) to summarily

dismiss a complainant's complaint,

(

b) an informal resolution that is final under

section

54.2 (4),

(

c) a disciplinary or corrective measure accepted by a

respondent under

section 58 (5),

(

d) a disciplinary or corrective measure that is final

under

section 59.1 (4) (b), and

(

e) a decision of an adjudicator under

section 61 (6);

"conduct complaint" means an internal discipline

complaint or a public trust complaint;

"discipline authority" means,

(

a) in relation to a municipal constable against whom

a conduct complaint is made, the chief constable of the municipal police department

with which the respondent is employed, or a delegate of that chief constable,

(

b) in relation to a chief constable or a deputy chief

constable against whom a conduct complaint is made, the chair of the board by

which the respondent is employed, or

(

c) in relation to a municipal police department about

which a complainant makes a complaint, the chair of the board that has authority

over that police department;

"disciplinary default" means a breach of the Code

of Professional Conduct;

"final investigation report" means the report provided

by an investigating officer under

section 56 (6);

"internal discipline complaint" means a complaint

that relates to the acts, omissions or deportment of a respondent and that

(

a) is not a public trust complaint, or

(

b) is a public trust complaint that is not processed

as a public trust complaint under Division 4;

"investigating officer" means the person who has

conduct of an investigation of a complaint;

"public hearing" means a hearing arranged by the

police complaint commissioner under

section 60 or 60.1;

"public trust complaint" means a complaint to the

effect that a respondent has committed a public trust default;

"public trust default" means conduct that would,

if proved, constitute a disciplinary default and that

(

a) causes or has the potential to cause physical or emotional

harm or financial loss to any person,

(

b) violates any person's dignity, privacy or other rights

recognized by law, or

(

c) is likely to undermine public confidence in the police;

"record of complaint" means a complaint recorded

in the prescribed form under

section 52 (4);

"respondent" means a municipal constable, chief

constable or deputy chief constable against whom a complaint is made;

"service or policy complaint" means a complaint

to the effect that one or more of the following are inadequate or inappropriate

for or in relation to the conduct of a municipal police department:

(

a) its policies;

(

b) its procedures;

(

c) its standing orders;

(

d) its supervision and management controls;

(

e) its training programs and resources;

(

f) its staffing;

(

g) its resource allocation;

(

h) its procedures or resources that are available to

permit it to respond to requests for assistance;

(

i) any other internal operational or procedural matter.

(2) In this Part, "lodge" or "lodged" is

a reference to the lodging of a written record of complaint, in the prescribed

form, under

section 52 (4).

Division 2 – Police Complaint Commissioner

Police complaint commissioner

(1) On the recommendation of the Legislative

Assembly, the Lieutenant Governor in Council must appoint as the police complaint

commissioner a person, other than a member of the Legislative Assembly, who

has been unanimously recommended for the appointment by a special committee

of the Legislative Assembly.

(2) The police complaint commissioner is an officer of

the Legislature.

(3) Subject to

section 48, the police complaint commissioner

holds office for a term of 6 years.

(4) A person who is appointed under this

section is not

eligible to be reappointed as police complaint commissioner.

Resignation, removal or suspension of police complaint

commissioner

(1) The police complaint commissioner may resign

at any time by notifying the Speaker of the Legislative Assembly or, if there

is no Speaker or the Speaker is absent from British Columbia, by notifying the

Clerk of the Legislative Assembly.

(2) The Lieutenant Governor in Council must remove the

police complaint commissioner from office or suspend the police complaint commissioner

for cause or incapacity on the recommendation of 2/3 of the members present

in the Legislative Assembly.

(3) If the Legislative Assembly is not sitting, the Lieutenant

Governor in Council may suspend the police complaint commissioner for cause

or incapacity.

Acting police complaint commissioner

(1) The Lieutenant Governor in Council may appoint

an acting police complaint commissioner if one of the following applies:

(

a) the office of police complaint commissioner is or

becomes vacant when the Legislative Assembly is not sitting;

(

b) the police complaint commissioner is suspended when

the Legislative Assembly is not sitting;

(

c) the police complaint commissioner is removed or suspended

or the office of the police complaint commissioner becomes vacant when the Legislative

Assembly is sitting, but no recommendation is made by the Legislative Assembly

under

section 47 (1) before the end of the session;

(

d) the police complaint commissioner will be temporarily

absent for more than 30 days because of illness or any other reason.

(2) An acting police complaint commissioner holds office

until the first of the following occurs:

(

a) a person is appointed under

section 47 (1);

(

b) the suspension of the police complaint commissioner

ends;

(

c) the Legislative Assembly has sat for 20 days after

the date of the acting police complaint commissioner's appointment;

(

d) the police complaint commissioner returns to office

after a temporary absence.

Powers and duties of police complaint commissioner

(1) The police complaint commissioner is to

oversee the handling of complaints.

(2) Without limiting subsection (1), the police complaint

commissioner is to

(

a) receive complaints from any source,

(

b) establish and maintain a record of complaints, including

the complaint dispositions relating to those complaints,

(

c) compile statistical information respecting all complaints,

(

d) regularly prepare reports of the complaint dispositions

made or reached during the reporting period, and make those reports available

to the public,

(

e) inform the public of the complaint procedures provided

by this Part and the functions and duties of the police complaint commissioner,

(

f) accept and consider comments from any interested person

respecting the administration of this Part,

(

g) inform, advise and assist complainants, respondents,

discipline authorities, boards and adjudicators respecting the complaint process

and the handling of complaints,

(

h) periodically conduct reviews of the complaint process

and make any recommendations for improvement of that process in the annual report

under

section 51.1,

(

i) establish procedures for mediation services to assist

complainants and respondents in achieving informal resolution of complaints

and provide those services to those parties,

(

j) establish guidelines to be followed by municipal police

departments for the purpose of informal resolution of public trust complaints

under

section 54.1, and

(

k) perform any other duties imposed and exercise any

other powers provided by this Act.

(3) Without limiting subsection (1), the police complaint

commissioner may do any of the following:

(

a) prepare and provide informational reports on any matter

related to the role of the police complaint commissioner;

(

b) engage in or commission research on any matter relating

to the purposes of this Part;

(

c) make recommendations to a board that it examine and

reconsider any written policies or procedures that may have been a factor in

an act or omission that gave rise to a complaint;

(

d) prepare guidelines respecting the procedures to be

followed by a person receiving a complaint;

(

e) make recommendations to the director or the Attorney

General that a review, study or audit be undertaken to assist police departments

or forces, or any designated policing unit or designated law enforcement unit

to which this

Part is made applicable by regulation of the Lieutenant Governor

in Council, in developing training or other programs designed to prevent recurrence

of any problems revealed by the complaint process;

(

f) make recommendations to the Attorney General for a

public inquiry under the Inquiry Act if there are reasonable grounds

to believe that

(

i) the issues in respect of which the inquiry is recommended

are so serious or so widespread that an inquiry is necessary in the public interest,

(ii) an investigation conducted under this Part, even

if followed by a public hearing, would be too limited in scope, and

(iii) powers granted under the Inquiry Act are

needed;

(

g) refer to Crown counsel a complaint, or one or more

of the allegations in a complaint, for possible criminal prosecution.

(4) In exercising the police complaint commissioner's

powers and duties under this

Part in relation to a public trust complaint, the

police complaint commissioner may receive and obtain information respecting

the complaint from the parties and the discipline authority in the manner the

police complaint commissioner considers appropriate including, without limitation,

interviewing and taking statements from the discipline authority, the person

making the complaint and the respondent.

(5) A person having records relating to a complaint must

provide, on request, the police complaint commissioner with access to those

records.

Salary, expenses and benefits of police complaint commissioner

50.1

(1) The police complaint commissioner is entitled

(

a) to be paid, out of the consolidated revenue fund,

compensation as may be fixed by the Lieutenant Governor in Council, and

(

b) to be reimbursed for reasonable travelling and out

of pocket expenses personally incurred in performing the duties of the office.

(2) The Lieutenant Governor in Council may order that

the Pension (Public Service) Act applies to the police complaint commissioner.

Staff of police complaint commissioner

(1) The police complaint commissioner may appoint,

in accordance with the Public Service Act, employees necessary to enable

the police complaint commissioner to perform the duties of the office.

(2) For the purpose of the application of the Public

Service Act to subsection (1) of this section, the police complaint commissioner

is deemed to be a deputy minister.

(3) The police complaint commissioner may appoint a deputy

police complaint commissioner, who may carry out the functions of the police

complaint commissioner while the police complaint commissioner is temporarily

absent for a period of not more than 30 days because of illness or any other

reason.

(4) The police complaint commissioner may incur reasonable

office and other expenses as may be necessary to discharge functions under this

Act.

(5) The police complaint commissioner may retain consultants,

mediators or other persons as may be necessary to discharge functions under

of their retainers.

(6) The Public Service Act does not apply in respect

of a person retained under subsection (5) of this section.

(7) The police complaint commissioner may make a special

report to the Legislative Assembly if the police complaint commissioner considers

that one or both of the following are inadequate for fulfilling the duties of

the office:

(

a) the amounts and establishment provided for the office

of police complaint commissioner in the estimates;

(

b) the services provided by the Public Service Employee

Relations Commission.

Annual report

51.1

(1) The police complaint commissioner must

report annually to the Speaker of the Legislative Assembly on the work of the

police complaint commissioner's office.

(2) The Speaker must promptly lay each annual report before

the Legislative Assembly if it is in session and, if the Legislative Assembly

is not in session when the report is submitted, within 15 days after the beginning

of the next session.

Review of this

Part

51.2

(1) A special committee of the Legislative

Assembly must begin a comprehensive review of this Part and the work of the

police complaint commissioner within 3 years after this

Part comes into force

and must submit to the Legislative Assembly, within one year after beginning

the review, a report that includes any amendments to this Part that the committee

recommends.

(2) As part of the review process contemplated by subsection

(1), the committee must solicit and consider written and oral input from any

interested person or organization.

Division 3 – Processing of Complaints

Submission of complaints

(1) A person may make a complaint under this

Part

(

a) against a municipal constable,

(

b) against a chief constable or deputy chief constable,

and

(

c) about a municipal police department.

(2) The person may submit the complaint referred to in

subsection (1) to any of the following:

(

a) the police complaint commissioner;

(

b) the discipline authority;

(

c) the senior constable of the municipal police department

with which the respondent, if any, is employed or about which the complaint

is made, who is on duty at the time that the complaint is submitted.

(3) If a complaint is submitted to a person referred to

in subsection (2) (

b) or (c), the person receiving the complaint must

(

a) provide the person submitting the complaint with any

assistance that person requires in submitting the complaint,

(

b) advise the person submitting the complaint that the

complaint may also be submitted to the police complaint commissioner, and

(

c) provide any other information or advice to the person

submitting the complaint that may be required under the guidelines prepared

by the police complaint commissioner under

section 50 (3) (d).

(4) A complaint under this Part may initially be submitted

orally or in writing but, before the complaint may be processed under Division

4 or 5, the complaint must be committed to writing in the prescribed form and

that record of complaint must be lodged with one or more of the persons referred

to in subsection (2) of this section.

(5) A person who receives a complaint under subsection

(2) must, as required, assist the person submitting the complaint in completing

a record of complaint.

(6) Despite

section 65.1 and subsection (4) of this section,

whether or not a complaint is submitted in writing and whether or not the complaint

is made in confidence under

section 65.1,

(

a) the police complaint commissioner may inform Crown

counsel of any allegation in the complaint that could constitute a criminal

offence,

(

b) a municipal or provincial constable may investigate

any allegation in a complaint that a criminal offence was or may have been committed,

and

(

c) Crown counsel may proceed with criminal charges against

the respondent.

(7) If a record of complaint is lodged with the police

complaint commissioner or with the senior constable referred to in subsection

(2) (c), that person must promptly after receipt provide a copy of that record,

(

a) if the complaint appears to be or to include a conduct

complaint against a chief constable, to the board by which that chief constable

is employed, or

(

b) in any other case, to the chief constable of the municipal

police department about which the complaint is made or with which the respondent

is employed.

(8) If a record of complaint is lodged with a municipal

police department, the chief constable for that department must send a copy

of that record to the police complaint commissioner within 10 business days

after the complaint is lodged.

Characterizing record of complaint and notification

52.1

(1) Promptly after receiving a record of complaint

under

section 52 (7) (

a) or (b), the recipient of that record must

(

a) characterize the complaint as one or more of the following:

(

i) a public trust complaint;

(ii) an internal discipline complaint;

(iii) a service or policy complaint, and

(

b) otherwise begin to process the complaint under this

Part.

(2) In making a decision on characterization under subsection

(1) (a), the recipient referred to in that subsection may consult with the police

complaint commissioner.

(3) Within 10 business days after making a decision on

characterization under subsection (1) (a), the recipient referred to in subsection

(1) must send notice of that decision to the police complaint commissioner and,

if the characterization includes a conduct complaint, the recipient must also

provide notice to the respondent that the complaint has been lodged unless the

recipient determines that notification could jeopardize an investigation into

the complaint.

(4) If the recipient withholds notice to a respondent

under subsection (3), the recipient must advise the police complaint commissioner

of the withholding and provide reasons for it.

(5) The police complaint commissioner may order the discipline

authority of the respondent referred to in subsection (4) to provide the notice

to the respondent and the discipline authority must, within 10 business days

after becoming aware of that order, provide the required notice to the respondent.

(6) The police complaint commissioner must review a recipient's

decision on characterization under this

section and may

(

a) confirm the characterization,

(

b) overrule the characterization and independently characterize

the complaint, or

(

c) request further information.

(7) The police complaint commissioner must

(

a) make a decision under subsection (6) (

a) or (

b) within

10 business days after

(

i) receiving the decision on characterization, or

(ii) if further information is requested under subsection

(6) (c), receiving that information, and

(

b) promptly after making a decision, provide notice of

that decision to

(

i) the discipline authority,

(ii) the complainant, and

(iii) the respondent, if any, unless a decision has been

made under this

section to withhold notice of a complaint.

(8) The decision of the police complaint commissioner

under subsection (6) (

a) or (

b) is final unless new information comes to the

police complaint commissioner's attention, in which case the police complaint

commissioner may

(

a) change the characterization of the complaint, and

(

b) make any other order allowed in relation to a complaint

under this Part.

Withdrawal of complaint

52.2

(1) A complainant who wishes to withdraw a

complaint that the complainant has lodged may at any time file a written notice

of withdrawal with the discipline authority or the police complaint commissioner,

or both.

(2) If the notice of withdrawal under subsection (1) is

filed only with the discipline authority, the discipline authority must, within

10 business days after receipt, provide a copy of that notice to the police

complaint commissioner.

(3) If the notice of withdrawal under subsection (1) is

filed only with the police complaint commissioner, the police complaint commissioner

must, within 10 business days after receipt, provide a copy of that notice to

the discipline authority.

(4) After receiving a notice of withdrawal under subsection

(1) or (2), the police complaint commissioner must, if the police complaint

commissioner suspects that the notice of withdrawal may have been made under

duress, make reasonable efforts to determine if duress was involved.

(5) If the police complaint commissioner determines that

the notice of withdrawal was made under duress, the police complaint commissioner

must

(

a) order the discipline authority to conduct an investigation

into one or more of the allegations in the complaint, and to proceed with processing

the complaint under this Part, or

(

b) arrange a public hearing under sections 60 (4) to

(6) and 60.1.

(6) If the police complaint commissioner determines that

the notice of withdrawal was not made under duress, the police complaint commissioner

may provide directions to the discipline authority with respect to the complaint.

(7) Directions provided under subsection (6) may, without

limitation, include directions that the discipline authority conduct an investigation

into any or all of the allegations in the complaint.

(8) The discipline authority must comply with any order

made under subsection (5) (

a) or direction provided under subsection (6) and

may, if and to the extent that it is not in conflict with that order or direction,

(

a) continue to process the complaint under this Part,

(

b) summarily dismiss the complaint under

section 54 (1).

(9) Subject to subsection (10), and despite any other

provision of this Part, if the discipline authority continues to process a complaint

after a notice of withdrawal is filed by the complainant under subsection (1),

the complainant is not entitled to receive any records created after the date

on which the notice of withdrawal is filed.

(10) If a public hearing is arranged in respect of a complaint

referred to in subsection (1) and the complainant is required to be a witness

at the public hearing, the complainant is entitled, on a request made to the

discipline authority before the date of the public hearing, to receive all of

the records that the complainant would otherwise have received during the processing

of the complaint, and sections 56 (1) to (5), 57, 57.1, 58 (5) (

a) and 59.1

apply.

Division 4 – Public Trust Complaints

Definitions

53 In this Division:

"complainant" does not include a third party complainant;

"third party complainant" means a person who has

lodged a public trust complaint but who is not personally adversely affected

by the conduct complained of.

Application of this Division to third party complainants

53.1

(1) Unless expressly provided to the contrary,

this Division does not apply to third party complainants.

(2) Without limiting subsection (1), a third party complainant

has none of the rights available to complainants under this Division except

that if the public trust complaint lodged by the third party complainant results

in discipline proceedings or criminal charges, the discipline authority must

inform the third party complainant of the results.

Summary dismissal of public trust complaints

(1) A discipline authority may summarily dismiss

a public trust complaint, whether or not the complainant has filed a notice

of withdrawal under

section 52.2, if the discipline authority is satisfied that

(

a) the complaint is frivolous or vexatious,

(

b) there is no reasonable likelihood that further investigation

would produce evidence of a public trust default, or

(

c) the complaint concerns

an act or omission that, to

the knowledge of the complainant, occurred more than 12 months before the complaint

was made.

(2) Subject to this section, a public trust complaint

that has been summarily dismissed under subsection (1) must not be investigated

or further investigated under this Division, but nothing in this subsection

prevents further action being taken in relation to any internal discipline component

or service or policy component of the complaint.

(3) If a discipline authority decides to summarily dismiss

a public trust complaint, the discipline authority must, within 10 business

days after making that decision, provide to the complainant, the respondent

and the police complaint commissioner written notice of the discipline authority's

decision, the reasons for it and the recourse that is available to the complainant

under this Part.

(4) A complainant may apply to the police complaint commissioner

for a review of the decision of a discipline authority to summarily dismiss

his or her complaint under this section.

(5) An application for a review under subsection (4) must

be filed with the police complaint commissioner within 30 days after the date

of the notice provided under subsection (3).

(6) Whether or not an application for a review is filed

with the police complaint commissioner in relation to a public trust complaint

that is summarily dismissed under this section, the police complaint commissioner

must, within 30 days after the date of the notice provided under subsection

(3),

(

a) examine the discipline authority's decision and the

reasons for the

summary dismissal, and either

(

i) confirm the discipline authority's decision, or

(ii) if the police complaint commissioner concludes that

it is in the public interest to investigate the complaint, order the discipline

authority to conduct an investigation into the complaint, and

(

b) notify in writing the discipline authority, the complainant

and the respondent of the outcome of the police complaint commissioner's examination

under paragraph (a).

(7) The decision of a discipline authority to summarily

dismiss a public trust complaint is final and the complaint is deemed to have

been dismissed unless

(

a) an application for review is received by the police

complaint commissioner under subsection (5), or

(

b) the police complaint commissioner makes an order under

subsection (6) (a) (ii).

(8) Whether or not, within the time required by this section,

an application for review is received under subsection (5) or an order is made

under subsection (6) (a) (ii), the police complaint commissioner may at any

time order a discipline authority to investigate a public trust complaint that

has been summarily dismissed if new information is received that, in the opinion

of the police complaint commissioner, requires an investigation.

(9) On receiving new information and ordering a discipline

authority to investigate a public trust complaint under subsection (8), the

police complaint commissioner must notify in writing the discipline authority,

the complainant and the respondent of the nature of the new information and

the reasons for ordering the investigation.

(10) The discipline authority to whom an order under subsection

(6) (a) (ii) or (8) is directed must conduct the investigation ordered.

Informal resolution

54.1

(1) Unless the complaint is summarily dismissed

under

section 54, the discipline authority must, promptly after receiving a

public trust complaint, and may, at any later time, determine whether an informal

resolution of the complaint is appropriate.

(2) If an informal resolution is determined to be inappropriate,

the discipline authority must proceed with an investigation of the complaint

under

section 55 or 55.1.

(3) Subject to subsection (4), if an informal resolution

is determined to be appropriate, the discipline authority must seek the consent

of the complainant and the respondent to informal resolution.

(4) The discipline authority must not proceed with an

informal resolution of a complaint referred to in subsection (1) unless the

complainant and the respondent consent to that procedure.

(5) The discipline authority may, for the purposes of

informally resolving a complaint under this section, do one or both of the following:

(

a) use any one or more means of alternate dispute resolution;

(

b) enlist the assistance of a neutral and independent

person as mediator.

(6) Informal resolution must be pursued in accordance

with any guidelines respecting informal resolution that are established by the

police complaint commissioner.

(7) Complainants have the right to seek advice before

and during an attempt to informally resolve a complaint under this

section and

the discipline authority must inform the complainant of that right at the time

that the complainant's consent to the process is being sought.

(8) The police complaint commissioner must make available

a list of support groups and neutral dispute resolution service providers and

agencies that may assist complainants with the informal resolution process under

this section, and the person with whom a public trust complaint is lodged must

provide that list to the complainant when the complaint is lodged.

(9) In the informal resolution process, a complainant

may enlist the assistance of a support person of the complainant's choice or

may ask the police complaint commissioner to appoint a support person for the

complainant.

(10) A support person, enlisted or appointed under subsection

(9), may

(

a) be present at any interview about the complaint and

at any mediation or informal resolution session, and

(

b) participate at any of those sessions with the consent

of the respondent.

(11) The complainant or respondent may ask the police

complaint commissioner to appoint a mediator, if one has not already been enlisted

under subsection (5) (b), and the police complaint commissioner may appoint

a mediator if the police complaint commissioner considers it appropriate.

(12) No oral or written statement made or given by any

person in the course of an attempt to resolve the complaint informally may be

used or received as evidence in any civil, criminal or administrative proceeding,

including, without limitation, a public hearing.

(13) Without limiting subsection (12), an apology by the

complainant or respondent must not be admitted into evidence or construed as

an admission of fault at any subsequent civil, criminal or administrative proceeding

or in any subsequent proceeding under this Act.

(14) Whether or not a complaint is resolved informally

under this section, the discipline authority must notify the complainant, the

respondent and the police complaint commissioner of the results of any attempt

at informal resolution.

Reaching resolution through informal resolution process

54.2

(1) Subject to subsection (3), a complaint

is resolved when the complainant and the respondent

(

a) sign a letter consenting to the resolution of the

complaint in the manner set out in the letter, and

(

b) provide that letter to the discipline authority, with

a copy to the police complaint commissioner.

(2) Within 10 business days after signing the letter referred

to in subsection (1), a signatory to that letter may, by written notice of revocation

to the discipline authority or the police complaint commissioner, revoke the

signatory's consent to the informal resolution.

(3) If a consent to an informal resolution is revoked

under subsection (2),

(

a) the resolution is of no effect, and

(

b) the recipient of the notice of revocation must, within

10 business days after receiving the notice, provide notice of the revocation

to those of the police complaint commissioner, the discipline authority, the

complainant and the respondent who are not aware of that revocation.

(4) Unless the complainant or the respondent revokes consent

under subsection (2), the informal resolution set out in the letter signed under

subsection (1) is final and binding on them after the expiration of the period

referred to in subsection (2).

(5) No disciplinary action may be taken against a respondent

as a result of an informal resolution of a complaint until the informal resolution

has become binding under subsection (4).

(6) A complainant's complaint that is resolved by informal

resolution must not be entered in a respondent's service record of discipline,

but may be entered in a respondent's personnel file.

(7) An officer's personnel file may only be opened

(

a) for the purposes of deciding whether a subsequent

attempt at informal resolution is appropriate, or

(

b) for personnel matters unrelated to discipline.

Investigation of public trust complaints

(1) Subject to sections 54 and 55.1, if a record

of complaint in respect of a public trust complaint is lodged under this Part,

the discipline authority must promptly initiate an investigation into the complaint

(

a) informal resolution of the complaint is not attempted

or is unsuccessful, or

(

b) the discipline authority is ordered to conduct an

investigation by the police complaint commissioner.

(2) If an investigation is not initiated within 45 days

after the record of complaint is lodged, the discipline authority must notify

the police complaint commissioner of the reasons for the delay.

(3) Despite any other provision of this Act, the police

complaint commissioner may order an investigation into the conduct of a municipal

constable, chief constable or deputy chief constable, whether or not a record

of complaint has been lodged.

External investigation of public trust complaints

55.1

(1) The discipline authority must refer an

investigation into a public trust complaint to another municipal police department

or to the commissioner if

(

a) the discipline authority considers an external investigation

is necessary in order to preserve public confidence in the complaint process,

(

b) the police complaint commissioner so orders.

(2) On application by a complainant or a respondent or

on the police complaint commissioner's own motion, the police complaint commissioner

may make an order under subsection (1) (

b) if the police complaint commissioner

considers that an external investigation is necessary in the public interest.

Investigating officer

55.2

(1) Subject to subsection (2), a person employed

by the police force or police department that is to conduct an investigation

into a public trust complaint may be appointed as investigating officer by

(

a) the chief constable of that police force or police

department, or

(

b) if the investigation is conducted by the provincial

police force, the commissioner.

(2) A person must not be appointed as investigating officer

under subsection (1) if

(

a) the person's rank is not equal to or higher than the

rank of the respondent, or

(

b) the person has a connection with the complaint.

(3) If the discipline authority requests a report referred

to in

section 56, the investigating officer appointed to conduct the investigation

must promptly provide the discipline authority with any information necessary

for the discipline authority to comply with

section 56 (1) and (5).

Reports during investigations and extensions of investigations

(1) Unless subsection (2) applies, the discipline

authority must report to the complainant, the respondent and the police complaint

commissioner on the progress of an investigation conducted under

section 55

or 55.1 by providing to them

(

a) an initial report within 45 days after the initiation

of the investigation, and

(

b) follow-up reports for so long as the investigation

continues and at least once every 30 days after the date of the initial report.

(2) Subject to subsection (4), a report must not be sent

to the complainant or respondent under subsection (1) if the discipline authority

considers that sending the report to that person would hinder the investigation.

(3) If the discipline authority withholds a report under

subsection (2), the discipline authority must advise the police complaint commissioner

of the withholding and provide reasons for it.

(4) The police complaint commissioner may order the discipline

authority to provide a report under subsection (1) to a person referred to in

subsection (2) and the discipline authority must, within 10 business days after

becoming aware of that order, provide the required report to the person.

(5) In addition to the reports provided under subsection

(1), the police complaint commissioner may at any time request a progress report

on an investigation and the discipline authority must provide that report to

the police complaint commissioner within 10 business days after receiving that

request.

(6) Within 10 business days after the conclusion of an

investigation, the investigating officer must complete a report of the investigation,

including in it his or her findings, conclusions, recommendations and any prescribed

matters, and must

(

a) provide that final investigation report and any other

prescribed records to the discipline authority, and

(

b) if the investigation was conducted under

section 55.1

or 56.1 (3), provide a copy of that final investigation report and any other

prescribed records to the police complaint commissioner.

(7) An investigation into a public trust complaint must

be completed within 6 months after the date that the record of complaint is

lodged under

section 52 (4), unless the police complaint commissioner grants

one or more extensions.

(8) For the purpose of subsection (7), an investigation

is completed when the discipline authority has reviewed the final investigation

report referred to in subsection (6) and has determined what course of action

to follow.

(9) The police complaint commissioner may grant an extension

under subsection (7) only if

(

a) new investigative leads are discovered that could

not have been revealed with reasonable care,

(

b) the case or investigation is unusually complex, or

(

c) the police complaint commissioner considers that an

extension is in the public interest.

Role of police complaint commissioner in investigation

56.1

(1) The police complaint commissioner may

appoint an employee under

section 51 as an observer to an investigation under

subsection (3) of this section,

section 55 or 55.1 if, in the police complaint

commissioner's judgment, the appointment is necessary in the public interest.

(2) The person appointed under subsection (1) must prepare

for the police complaint commissioner an independent report on the investigation.

(3) The police complaint commissioner may, at any time,

order a new investigation or an investigation by another municipal police department

or the provincial police force if the police complaint commissioner concludes

that the original investigation was inadequate or unreasonably delayed.

Reassignment or suspension pending an investigation and

hearing

56.2

(1) If a municipal constable, chief constable

or deputy chief constable is being investigated as a result of an allegation

that that person committed an offence under a federal or provincial enactment

or as a result of a complaint against that person under this Act, the discipline

authority for that person may, until the completion of that investigation, reassign

or suspend the person with his or her pay, if

(

a) the discipline authority considers that

(

i) reassignment or suspension of the person is needed

to protect municipal constables or other persons from the risk of harm,

(ii) failure to reassign or suspend the person is likely

to bring the reputation of the municipal police department as a whole into disrepute,

(iii) there are grounds to believe that the person is

incapable of carrying out his or her regular duties as a constable, and

(

b) the discipline authority considers that there is no

reasonable alternative available.

(2) During a period of suspension from duty, a municipal

constable, chief constable or deputy chief constable must not exercise powers

as a municipal constable, chief constable or deputy chief constable and must

not wear or use the uniform or equipment of the municipal police department.

(3) At the earliest opportunity, and in any event within

10 business days after the suspension, the discipline authority must decide

whether the suspension is to continue in effect or is to be rescinded with or

without conditions.

(4) Unless subsection (5) applies, a municipal constable,

chief constable or deputy chief constable under suspension for a period within

which that person, if not suspended, would have worked one or more days

(

a) must receive his or her pay and allowances for the

number of days, up to 30, that he or she could have worked during the period

of suspension had the suspension not been imposed, and

(

b) may, at the discretion of the board, receive his or

her pay for any day that he or she could have worked during the period of suspension,

after the 30 days referred to in paragraph (a), had the suspension not been

imposed.

(5) The board may, at any time, discontinue the pay and

allowances of a municipal constable, chief constable or deputy chief constable

who is under suspension if the allegation in response to which the suspension

was imposed would, if proved, constitute a criminal offence.

(6) Written notice of a decision by the board to discontinue

the pay and allowances of a municipal constable, chief constable or deputy chief

constable must be given promptly to the municipal constable, chief constable

or deputy chief constable, as the case may be, and that person may, within 10

business days after receipt, request a hearing before the board.

(7) Within 30 days after receiving a request under subsection

(6), the board must hold a hearing to review the decision to discontinue pay

and allowances.

(8) The person who requests a hearing under subsection

(6) may appear at the hearing personally or by counsel or agent.

(9) A municipal constable, chief constable or deputy chief

constable must receive his or her full pay and allowances for any unpaid period

of suspension if

(

a) the suspension related to an investigation resulting

from an allegation that he or she committed an offence under a federal or provincial

enactment,

(

b) he or she is acquitted of all charges in proceedings

before a criminal court or the charges are withdrawn, stayed or otherwise not

proceeded with, and

(

c) no disciplinary or corrective measures are imposed

on him or her for the acts or omissions that constituted the alleged offence.

Disclosure of documents

(1) Within 10 business days after receiving

the final investigation report, the discipline authority must provide to the

complainant and to the respondent a

summary of that report, including

(

a) a concise factual account of any incident that brought

about the complaint,

(

b) a brief account of the investigative steps taken,

and

(

c) a brief account of the findings, conclusions and recommendations

contained in that report,

and the discipline authority may sever from the

summary provided any portions

of the report that may be excepted from disclosure under the Freedom of Information

and Protection of Privacy Act .

(2) The discipline authority must promptly after receipt

provide the police complaint commissioner with a complete unedited copy of the

final investigation report and, subject to subsection (3), provide the police

complaint commissioner with any other record that

(

a) concerns the complaint and the complainant or the

third party complainant, as the case may be, and

(

b) is in the custody or control of its municipal police

department or, as the case may be, in the custody and control of its municipal

police department and of the investigating officer's police force or police

department,

including, without limitation,

(

c) all related records,

(

d) all reasons for imposing or not imposing disciplinary

or corrective measures in relation to each allegation in the complaint,

(

e) all written policies or procedures that may have been

a factor in the act or omission that gave rise to the complaint, and

(

f) the respondent's service record of discipline.

(3) By agreement between a discipline authority and the

police complaint commissioner, the requirement imposed on the discipline authority

to provide the police complaint commissioner with a record referred to in subsection

(2) may be satisfied if unlimited access to, inspection and production of the

record is granted by the discipline authority to the satisfaction of the police

complaint commissioner.

(4) Within 10 business days after receiving the

summary

of the final investigation report referred to in subsection (1), the complainant

or respondent may apply to the police complaint commissioner for disclosure

of all or part of the information that was severed from the copy of the report.

(5) The police complaint commissioner may disclose information

requested under subsection (4) if the police complaint commissioner considers

that

(

a) disclosure is necessary for the applicant to pursue

rights granted by this Act, and

(

b) disclosure is appropriate having regard to the factors

set out in

Part 2 of the Freedom of Information and Protection of Privacy

Act .

Notice to respondent and complainant

57.1

(1) Within 10 business days after receiving

a final investigation report, the discipline authority must determine if the

evidence contained in that report is sufficient to warrant the imposition of

disciplinary or corrective measures and must,

(

a) if it is determined that disciplinary or corrective

measures are warranted, serve notice to that effect on the respondent and send

a copy of that notice by registered mail to the complainant, or

(

b) if it is determined that disciplinary or corrective

measures are not warranted, send notice to that effect by registered mail to

the respondent and the complainant, and subsection (4) applies.

(2) A notice provided under subsection (1) (

a) must set

out

(

a) the nature of the complaint in sufficient factual

detail to identify the incident,

(

b) the sections of the Code of Professional Conduct to

which the complaint relates,

(

c) whether the complaint was dealt with as a public trust

complaint or as an internal discipline complaint,

(

d) whether a prehearing conference will be offered, and

(

e) a description of the response proposed by the discipline

authority to each of the allegations in the complaint.

(3) A complainant who is aggrieved by the determination

made by the discipline authority under subsection (1) (

b) may file with the

police complaint commissioner a written request for a public hearing in accordance

with

section 60 (1) (

b) and

section 60 (2) applies.

(4) Unless the police complaint commissioner arranges

a public hearing, a determination made under subsection (1) (

b) is final and

conclusive and is not open to question or review by a court on any ground.

Prehearing conferences

(1) If the discipline authority considers that

the evidence contained in a final investigation report is sufficient to justify

the imposition of disciplinary or corrective measures against a respondent and

the discipline authority has complied with

section 57.1 (1) and (2), the discipline

authority may offer the respondent a confidential, without prejudice, prehearing

conference to determine whether the respondent is willing to admit a public

trust default and, if so, what disciplinary or corrective measures the respondent

is willing to accept.

(2) A prehearing conference must not be offered if the

discipline authority concludes that

(

a) the complaint against the respondent is sufficiently

serious to warrant dismissal or reduction in rank, or

(

b) a prehearing conference would be contrary to the public

interest.

(3) If a respondent accepts an offer for a prehearing

conference under subsection (1), the respondent may be accompanied at the prehearing

conference by an agent only.

(4) A discipline authority must use the principles and

guidelines set out in the Code of Professional Conduct in proposing and approving

any disciplinary or corrective measures under this section.

(5) If disciplinary measures or corrective measures are

accepted by a respondent and approved by the discipline authority at a prehearing

conference in respect of a complainant's allegations, the discipline authority

must,

(

a) within 10 business days after the prehearing conference,

serve on the complainant, or send to the complainant by registered mail, and

provide the police complaint commissioner with, a report that sets out

(

i) for each allegation in the complaint,

(

A) any disciplinary or corrective measure accepted and

approved, and

(

B) any policy change being considered by the discipline

authority in respect of the matter,

(ii) the reasons for the proposed measures or policy changes,

(iii) any noted aggravating and mitigating factors in

the case, subject to severing those portions of the disposition record that

may be excepted from disclosure under the Freedom of Information and Protection

of Privacy Act , and

(iv) the recourse available to the complainant under this

section, and

(

b) if the resolution is final and conclusive under subsection

(7), record on the respondent's service record of discipline the respondent's

admission, any disciplinary or corrective measure approved and the fact that

the measure was voluntarily accepted by the respondent.

(6) A complainant who is aggrieved by the resolution of

a public trust complaint under this

section may file with the police complaint

commissioner a written request for a public hearing in accordance with

section

60 (1) (

c) and

section 60 (2) applies.

(7) Disciplinary or corrective measures accepted by a

respondent and approved by the discipline authority at a prehearing conference

constitute a resolution of the matter and, unless a public hearing in respect

of the complaint is arranged by the police complaint commissioner, the resolution

is final and conclusive and is not open to question or review by a court on

any ground.

Convening discipline proceedings

58.1

(1) Subject to subsection (2), if it is determined

under

section 57.1 (1) (

a) that imposition of disciplinary or corrective measures

against a respondent is warranted and a prehearing conference is not offered

or held under

section 58 or, if held, does not result in a resolution of all

of the allegations in the complaint, the discipline authority must

(

a) convene and preside at a discipline proceeding,

(

b) provide to the complainant at least 15 business days'

notice of the discipline proceeding, and

(

c) serve the respondent with at least 15 business days'

notice, in the prescribed form, of the discipline proceeding.

(2) If at any time a public hearing is arranged by the

police complaint commissioner in respect of a matter that is the subject of

a discipline proceeding under subsection (1), the discipline authority must

cancel the discipline proceeding.

(3) At any time before a discipline proceeding is held

under this section, the complainant may make written or oral submissions to

the discipline authority respecting the complaint, the adequacy of the investigation

and the range of disciplinary or corrective measures that should be considered.

(4) The following persons may attend a discipline proceeding

under this section:

(

a) the police complaint commissioner or the police complaint

commissioner's delegate;

(

b) the respondent's agent.

(5) The following persons must attend a discipline proceeding

under this section:

(

a) the respondent;

(

b) the discipline authority;

(

c) the investigating officer.

Conduct of discipline proceedings

(1) The written record of complaint must be

read at a discipline proceeding and the respondent must be asked to admit or

deny the allegations in the complaint.

(2) No witnesses, other than the investigating officer

who prepared the final investigation report, may be called at a discipline proceeding

and the only records that may be presented are the final investigation report,

any separate reports prepared respecting the investigation and any other relevant

written records, from which reports and records may be severed any portions

that may be excepted from disclosure under the Freedom of Information and

Protection of Privacy Act .

(3) The respondent is not compellable at a discipline

proceeding under this section, but the respondent and his or her agent, if any,

may

(

a) ask questions of the investigating officer who prepared

the final investigation report, and

(

b) make submissions concerning the complaint, the adequacy

of the investigation and the range of disciplinary or corrective measures that

should be considered.

(4) A discipline proceeding must be electronically recorded.

(5) At the conclusion of a discipline proceeding under

this section, the discipline authority must

(

a) make a finding as to whether all or any part of the

complaint has been proved on the civil standard of proof,

(

b) record that finding in the prescribed form, and

(

c) invite and hear submissions from the respondent as

to appropriate disciplinary or corrective measures for each allegation in the

complaint found to be proven under paragraph (a).

(6) Within 10 business days after hearing submissions

from the respondent at the conclusion of a discipline proceeding under subsection

(5), the discipline authority must

(

a) propose disciplinary or corrective measures for each

allegation in the complaint found to be proven under subsection (5) (a),

(

b) record those proposed measures and the date in a disposition

record in the prescribed form,

(

c) include in the disposition record any mitigating or

aggravating factors in the case, and

(

d) serve a copy of the disposition record on the respondent.

Review of discipline proceedings

59.1

(1) Within 10 business days after the date

of the disposition record referred to in

section 59 (6), the discipline authority

must

(

a) serve on the complainant or send to the complainant

by registered mail a report setting out

(

i) for each of the allegations in the complaint, whether

all or any part of the allegation was found to be proven under

section 59 (5)

(a),

(ii) any disciplinary or corrective measures proposed

or policy changes being considered by the discipline authority for each of the

allegations in the complaint,

(iii) the reasons for the proposed measures or policy

changes,

(iv) any noted aggravating and mitigating factors in the

case, subject to severing those portions of the disposition record that may

be excepted from disclosure under the Freedom of Information and Protection

of Privacy Act , and

(

v) the recourse available to the complainant under this

section, and

(

b) provide the police complaint commissioner with the

entire unedited record of the proceedings, an unedited copy of the disposition

record and a copy of the report sent to the complainant under paragraph (a).

(2) After receiving the records and report referred to

in subsection (1) (b), the police complaint commissioner may

(

a) order that the discipline authority provide to the

police complaint commissioner further reasons justifying the particular disciplinary

or corrective measures imposed, and

(

b) provide those further reasons to the complainant and

the respondent.

(3) A respondent or complainant who is aggrieved by the

disposition of a public trust complaint proposed by a discipline authority in

a disposition record may file with the police complaint commissioner a written

request for a public hearing in accordance with

section 60 (1) (

a) or (d), as

the case may be, and

section 60 (2) applies.

(4) Unless a a public hearing is arranged by the police

complaint commissioner,

(

a) the complainant and respondent referred to in this

section are deemed to have accepted the proposed disposition,

(

b) any disciplinary or corrective measures proposed under

section 59 (6) (

a) are final and binding, and

(

c) the proposed disposition is final and conclusive and

is not open to question or review by a court on any ground.

Request for a public hearing

(1) A written request for a public hearing must

be received by the police complaint commissioner,

(

a) in the case of a respondent, within 30 days after

receiving the disposition record under

section 59 (6),

(

b) in the case of a complainant seeking a public hearing

under

section 57.1 (3), within 30 days after the later of

(

i) the date on which the complainant received the notice

under

section 57.1 (1), and

(ii) the date on which the complainant receives the information

disclosed by the police complaint commissioner under

section 57 (5) or receives

the decision of the police complaint commissioner that no further information

will be disclosed,

(

c) in the case of a complainant seeking a public hearing

under

section 58 (6), within 30 days after receiving the report provided under

section 58 (5) (a), or

(

d) in the case of a complainant seeking a public hearing

under

section 59.1 (3), within 30 days after receiving the report provided under

section 59.1 (1) (a).

(2) Despite subsection (1), the police complaint commissioner

may extend the period within which a public hearing may be requested if the

police complaint commissioner considers that there are reasonable grounds for

the delay in making the request.

(3) Promptly after receiving a request for a public hearing

within the time limited by subsection (1) or (2), the police complaint commissioner

must arrange a public hearing under

section 60.1 if

(

a) the request for a public hearing is made by a respondent

and a disciplinary or corrective measure more severe than a verbal reprimand

has been proposed for that respondent, or

(

b) in any other case, the police complaint commissioner

determines that there are grounds to believe that a public hearing is necessary

in the public interest.

(4) The police complaint commissioner may arrange a public

hearing without a request from either a complainant or respondent if the police

complaint commissioner considers that there are grounds to believe that the

public hearing is necessary in the public interest.

(5) In deciding whether a public hearing is necessary

in the public interest, the police complaint commissioner must consider all

relevant factors including, without limitation, the following factors:

(

a) the seriousness of the complaint;

(

b) the seriousness of the harm alleged to have been suffered

by the complainant;

(

c) whether there is a reasonable prospect that a public

hearing would assist in ascertaining the truth;

(

d) whether an arguable case can be made that

(

i) there was a flaw in the investigation,

(ii) the disciplinary or corrective measures proposed

are inappropriate or inadequate, or

(iii) the discipline authority's

interpretation of the

Code of Professional Conduct was incorrect;

(

e) whether a hearing is necessary to preserve or restore

public confidence in the complaint process or in the police.

(6) Within 10 business days after making a decision to

arrange or to refuse to arrange a public hearing under this section, the police

complaint commissioner must notify the discipline authority, complainant and

respondent of that decision.

Ordering public hearings

60.1

(1) Public hearings respecting the disposition,

proposed by a discipline authority, of a public trust complaint must be conducted

before an adjudicator.

(2) If the police complaint commissioner arranges a public

hearing under

section 60 or orders a public hearing under

section 64 (7), the

police complaint commissioner must consult with the chief judge of the Provincial

Court to determine the earliest practical date or dates on which a Provincial

Court judge would be available to preside as the adjudicator at the public hearing,

and the police complaint commissioner must arrange and set, as the date or dates

for the public hearing, the date or dates so determined.

(3) On the request of the police complaint commissioner,

the chief judge of the Provincial Court must assign a Provincial Court judge

to preside as the adjudicator at a public hearing.

(4) If the Provincial Court judge assigned to preside

at a public hearing is unable for any reason to perform as the adjudicator at

that public hearing, the chief judge of the Provincial Court must arrange and

set, as a new hearing date, the earliest practical date or dates on which a

Provincial Court judge is available to preside as the adjudicator at the public

hearing.

(5) If a public hearing is not concluded within the date

or dates set for it, the chief judge of the Provincial Court must arrange and

set,

(

a) as the continuation date or dates for the public hearing,

the earliest practical date or dates on which the Provincial Court judge who

presided at the initial stages of the public hearing is available to preside

at the continuation of the public hearing, and

(

b) if the judge referred to in paragraph (

a) is not available

to act as an adjudicator within a reasonable time, the earliest practical date

or dates on which another Provincial Court judge is available to preside as

the adjudicator at a new public hearing in respect of the matter.

(6) The chief judge of the Provincial Court must assign

a Provincial Court judge to preside as adjudicator at any public hearing or

continuation set under subsection (4) or (5).

(7) Subject to subsection (8), at least 15 business days

before the scheduled date for a public hearing or continuation, the police complaint

commissioner must serve the respondent, complainant and discipline authority

with written notice of the date, time and place of the hearing.

(8) If service cannot, after reasonable efforts, be effected

on a complainant under subsection (7), the police complaint commissioner may

provide the notice referred to in that subsection by double registered mail

to the complainant.

Public hearing procedures

(1) In this section, "commission counsel"

means counsel appointed by the police complaint commissioner under subsection

(2).

(2) The police complaint commissioner must appoint counsel

to present to an adjudicator the case relative to a complainant's complaint.

(3) For the purpose of a public hearing, commission counsel

may

(

a) call any witness who, in commission counsel's opinion,

has relevant evidence to give, whether or not the witness was interviewed during

the original investigation, and

(

b) introduce into evidence any record, including, without

limitation, any record of the proceedings concerning the complaint up to the

date of the hearing.

(4) For the purpose of a public hearing,

(

a) the respondent may examine or cross examine witnesses,

(

b) the complainant and respondent may make oral or written

submissions, or both, after all of the evidence is called, and

(

c) the complainant and respondent may be represented

by private counsel or an agent who may act on behalf of the complainant or respondent,

as the case may be, under paragraphs (

a) and (b).

(5) A public hearing must be open to the public unless,

on the application of the complainant or respondent, the adjudicator orders

that some or all of the hearing be held in private to protect a substantial

and compelling privacy interest of one or more of the persons attending the

hearing.

(6) The adjudicator must decide whether all or any part

of the complainant's complaint has been proved on the civil standard of proof

and may do one or more of the following:

(

a) find that all, part or none of the complaint has been

proved on the civil standard of proof;

(

b) impose any disciplinary or corrective measures that

may be imposed by a discipline authority;

(

c) affirm, increase or reduce the disciplinary or corrective

measures proposed by the discipline authority.

(7) Within 10 business days after reaching a decision

under subsection (6), the adjudicator must provide notice of that decision to

the complainant, respondent, discipline authority and police complaint commissioner.

(8) In conducting a public hearing, the adjudicator has

the protections, privileges and powers of a commissioner under sections 12,

15 and 16 of the Inquiry Act .

Compellability

61.1

(1) A respondent who is subject to a public

trust complaint is not compellable to testify as a witness at a discipline proceeding,

or at a public hearing, in respect of that complaint, but an adverse inference

may be drawn from the respondent's failure to testify at the discipline proceeding

or at the public hearing.

(2) Subject to the law of privilege, all witnesses, including,

without limitation, municipal constables other than the respondent, are compellable

at proceedings under this Part.

(3) Municipal constables, chief constables and deputy

chief constables may be compelled to make statements

(

a) in internal discipline proceedings, and

(

b) at public hearings and inquiries under this Act.

(4) Nothing in this Act limits the rights of any person

to the protection provided by the Canadian Charter of Rights and Freedoms

against the use of voluntary or compelled statements in subsequent criminal

or civil proceedings.

Appeal

(1) An appeal on a question of law lies to the

Court of Appeal, with leave of a justice of the Court of Appeal, from a decision

of an adjudicator under

section 61 (6).

(2) Technical errors as to form, failure to file or to

give notice on time and other procedural errors of a minor nature do not go

to jurisdiction and may not be appealed to the Court of Appeal on any ground,

unless the error prejudiced a fair determination of the issues at the public

hearing.

Division 5 – Service or Policy Complaints

Service or policy complaints

(1) Within 10 business days after making or

confirming a characterization of a complainant's complaint as a service or policy

complaint under

section 52.1 (6), the police complaint commissioner must send

a copy of the record of complaint to the board having authority over the municipal

police department in respect of which the complaint is made.

(2) A discipline authority or an adjudicator who, while

considering a conduct complaint, determines that the complaint also includes

a service or policy complaint must, within 15 business days after that determination,

notify the following of that determination:

(

a) the board having authority over the municipal police

department to which the complaint relates;

(

b) the police complaint commissioner.

(3) If, in reviewing a complainant's complaint, the police

complaint commissioner concludes that the complaint includes a service or policy

complaint, the police complaint commissioner must notify the board having authority

over the municipal police department to which the complaint relates, and the

police complaint commissioner may include in the notice any recommendations

that the police complaint commissioner considers advisable.

Investigation of service or policy complaints

63.1

(1) On receiving a copy of the record of complaint

under

section 63 (1) or a notice of a service or policy complaint under

section

63 (2) or (3), the board having authority over the municipal police department

to which the complaint relates must promptly do one or more of the following:

(

a) request the chief constable of the municipal police

department in respect of which the complaint is made to investigate and report

on the complaint;

(

b) initiate a study, concerning the complaint, with or

without the assistance of the director, the Ministry of Attorney General or

another public body;

(

c) initiate an investigation into the complaint;

(

d) dismiss the complaint with reasons;

(

e) take any other course of action the board considers

necessary to respond adequately to the complaint.

(2) The police complaint commissioner may recommend that

the board initiate an investigation into a service or policy complaint if the

board does not choose to do so under subsection (1).

(3) Within 30 days after initiating an action under subsection

(1), the board must notify the complainant, the director and the police complaint

commissioner regarding the course of action that is being taken.

(4) The police complaint commissioner may request a status

report from the board regarding the progress of an investigation or study concerning

a service or policy complaint, and the police complaint commissioner must forward

to the complainant a copy of any report the police complaint commissioner receives

in response to that request.

(5) At the conclusion of an investigation or study under

this section, the board must send to the complainant, the director and the police

complaint commissioner

(

a) an explanation of the course of action decided on

under subsection (1) in respect of the service or policy complained of, and

(

b) a detailed

summary of the results of any investigation

or study undertaken under subsection (1).

(6) A complainant who is dissatisfied with the board's

decisions as disclosed under subsection (5) may ask the police complaint commissioner

to review the decisions.

(7) Whether or not a complainant has asked for a review

under subsection (6), the police complaint commissioner may review the decisions

of a board under this

section and may recommend to the board further investigation,

study, courses of action or changes to service or policy.

(8) The police complaint commissioner must include in

the police complaint commissioner's annual report any recommendations made to

boards under subsection (7) and may comment on the responses received, if any.

(9) Despite anything in this section, the police complaint

commissioner may

(

a) recommend that the director exercise one or more of

the director's functions under this Act, or

(

b) recommend that the Attorney General initiate an inquiry

under the Inquiry Act .

Division 6 – Internal Discipline Complaints

Internal discipline complaints

(1) For the purposes of internal discipline complaints, the discipline authority must

establish procedures, not inconsistent with this Act, for imposing all disciplinary

and corrective measures for those complaints.

(2) The procedures established under subsection (1) take effect after

(

a) a copy of the procedures is filed with the police complaint commissioner,

and

(

b) the board having authority over the municipal police department with

respect to which the procedures are established approves of the procedures.

(3) For the purpose of internal discipline complaints, the discipline authority, the

board and any arbitrator that may be appointed under the grievance procedure of

the collective agreement may use, but are not restricted by, the Code of Professional Conduct

(

a) to determine standards against which the conduct of a municipal constable,

chief constable or deputy chief constable may be judged, and

(

b) to impose disciplinary or corrective measures.

(4) The discipline authority must provide the police complaint commissioner with a

copy of

(

a) any recommendation on disciplinary or corrective measures arising from an

internal discipline complaint, and

(

b) the final decision reached by the discipline authority, by the board or by an

arbitrator respecting an internal discipline complaint.

(5) If a municipal constable, chief constable or deputy chief constable is alleged to

have committed

an act or to have omitted to do

an act and the act or omission

would, if proved, constitute a disciplinary default, the discipline authority may

deal with the allegation as a matter of internal discipline under this Division if

(

a) the police complaint commissioner has not, under

section 54 (6) (

a) or (8)

or 55 (3), ordered an investigation into the act or omission and has not

arranged a public hearing in respect of that act or omission, and

(

b) one or more of the following applies to the allegation:

(

i) the act or omission does not constitute a public trust default;

(ii) a record of complaint was not lodged under

section 52 in respect of

the act or omission;

(iii) a record of complaint was lodged under

section 52 in respect of the

act or omission but the complainant has filed a notice of withdrawal

under

section 52.2 and the discipline authority has ceased to process

the complaint under Division 4.

(6) On request of the police complaint commissioner, a discipline authority must

provide any additional information about an internal discipline complaint that is

in the possession or control of the municipal police department to which the

complaint relates.

(7) If the police complaint commissioner concludes on the basis of information

received that an internal discipline complaint should be dealt with as a public

trust complaint, the police complaint commissioner may order a further investigation, a public hearing or both.

(8) Whether or not

an act or omission of a municipal constable, chief constable or

deputy chief constable is a disciplinary default, the discipline authority may

determine any issues of competence and suitability to perform police duties that

arise out of that act or omission, whether or not a complaint is lodged in respect

of that act or omission.

Division 7 – General

Multiple complaints

64.1

(1) In this section, "compound complaint" means a record of complaint lodged

under

section 52 that is comprised of 2 or more of the following components:

(

a) a public trust complaint against a municipal constable;

(

b) an internal discipline complaint against a municipal constable;

(

c) a public trust complaint against a chief constable or a deputy chief

constable;

(

d) an internal discipline complaint against a chief constable or a deputy chief

constable;

(

e) a service or policy complaint.

(2) Each component of a compound complaint must be processed as a separate

complaint under Division 3 and whichever of Divisions 4, 5 and 6 is applicable

to that component.

Criminal prosecutions and civil remedies not prohibited

(1) Nothing in this Act or the regulations prohibits

(

a) civil or criminal proceedings against a respondent, or

(

b) proceedings under the Labour Relations Code as to the

interpretation,

application or operation of a collective agreement.

(2) A decision by Crown counsel not to commence or proceed with criminal charges

does not prohibit proceedings under this Act.

(3) Acquittal on a criminal charge arising out of the same facts and circumstances

does not prohibit proceedings under this Act.

(4) Proceedings under this Act may be suspended until the conclusion of criminal

proceedings brought against a municipal constable, chief constable or deputy

chief constable or a complainant, and the period of that suspension of

proceedings must not be counted for the purpose of proceedings under this Act.

Complaints made in confidence

65.1

(1) Municipal constables are entitled to report to the police complaint commissioner

the alleged misconduct of any other municipal constable, including the alleged

misconduct of a chief constable or a deputy chief constable, if the conduct in

question could be the subject matter for a public trust complaint or an internal

discipline complaint.

(2) A person who is not a municipal constable may, in submitting a complaint under

section 52, request that the complaint be kept in confidence and, in that event,

subsections (3) to (8) of this

section apply as if the complaint were a report made

under subsection (1) of this section.

(3) A report under this

section may be made orally or in writing to the police

complaint commissioner and, subject to subsection (7), may be made in

confidence and without attribution as to source.

(4) Subject to subsection (7), an oral or written statement to the police complaint

commissioner, made under conditions of confidentiality, must not be released or

revealed to any other body or person in a manner that is likely to identify the

person who made the statement, unless the person consents to the release or

revelation.

(5) A record of a report or of any of the allegations constituting a report made in

confidence under this

section is inadmissible as evidence at any discipline

proceeding or criminal proceeding without the consent of the person who made

the report.

(6) The allegations constituting a report made in confidence under this

section must

not be processed under Division 4 or 5 and the person who made the report does

not have any rights afforded to complainants under Divisions 3, 4 and 5,

including, without limitation, the right to be informed of the results of the investigation into his or her allegations or to have a public hearing convened respecting

those allegations.

(7) The police complaint commissioner may

(

a) report to Crown counsel any allegations constituting a report made in

confidence under this section, and

(

b) order a discipline authority to conduct an investigation into the allegations

constituting a report made in confidence under this

section and, in that

event, the discipline authority must take steps that are practical in the

circumstances to investigate the complaint.

(8) Nothing in this

section

(

a) prohibits Crown counsel from proceeding with criminal charges against a

respondent, or

(

b) limits or excuses an officer's duty to make a statement for or to testify in an

investigation, discipline proceeding, public hearing or inquiry that is

conducted or held in relation to another officer under this Act.

Harassment prohibited

65.2 A person who makes a report about the conduct of an officer or submits a complaint

under this Act must not be harassed, intimidated or retaliated against for making that

report or submitting that complaint.

Service record of discipline

65.3

(1) The service record of discipline of a respondent must record the complaint dispositions in respect of all complaints against the respondent whether processed as

public trust complaints or as internal discipline complaints.

(2) The service record of discipline of a respondent must be kept by the discipline

authority in a secure place separate from the respondent's personnel file and the

service record of discipline, without the discipline authority's authorization or the

respondent's consent, may be disclosed only to the following persons:

(

a) the respondent;

(

b) the discipline authority;

(

c) the police complaint commissioner;

(

d) an adjudicator;

(

e) if the respondent is a member of a police union, an arbitrator appointed

under the collective agreement.

(3) If a disciplinary or corrective measure is imposed on or agreed to by a respondent,

and the measure includes treatment, counselling or some other program, the

respondent's service record of discipline must be updated by the discipline

authority to indicate whether the treatment, counselling or other program was

completed.

(4) Nothing in this

section precludes the internal use of a service record of discipline

for non-disciplinary action, including, without limitation, promotion, transfer and

reassignment.

Appointment of representative for complainants

(1) Subject to subsection (3), the police complaint commissioner may appoint a

representative for a complainant as follows:

(

a) if the complainant is under 19 years of age, a parent or legal guardian or, if

no parent or legal guardian is available or willing to act, a responsible adult;

(

b) if the police complaint commissioner considers that the complainant is

unable to assert his or her rights under this Act because of physical or

mental disability, an adult of the complainant's choice or, if no such adult is

identifiable, available or willing to act, a responsible adult;

(

c) if the complainant dies after lodging a complaint, the administrator or

executor of the estate of the complainant or, if no administrator or executor

is available or willing to act, a responsible adult.

(2) A representative appointed under subsection (1) has all of the rights and responsibilities available to a competent adult complainant under this Act.

(3) In deciding whether to appoint a representative under this section, the police

complaint commissioner must consider

(

a) whether the complainant is capable of exercising the rights available to a

complainant under this Part without the assistance of a representative, and

(

b) the wishes of the complainant.

Freedom of Information and Protection of Privacy Act

does not apply

66.1 Except as provided by this Act, the Freedom of Information and Protection of Privacy

Act does not apply to any record that

(

a) arises out of or is otherwise related to the making, submitting, lodging or

processing of a conduct complaint under this Part, and

(

b) is created on or after the conduct complaint is made, submitted or lodged.

Section 67 is repealed and the following substituted:

Evidentiary effect of documents and records

67 In any proceeding, an order, rule, report, record or certificate signed by the police

complaint commissioner, a discipline authority, as defined in

section 46, or by the

director or by a member of the board or committee that made the order, rule, report,

record or certificate, is evidence of

(

a) the facts stated in the order, rule, report, record or certificate, and

(

b) the authority of the poli