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2009 Legislative Session: 5th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE JOHN VAN DONGEN

MINISTER OF PUBLIC SAFETY

AND SOLICITOR GENERAL

BILL 7 – 2009

POLICE (POLICE COMPLAINT COMMISSIONER) AMENDMENT ACT, 2009

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

SECTION 1: [Police Act,

section 46] adds a definition of "committee" to

Part 9 of the Act.

Section 46 (1) of the Police Act , R.S.B.C. 1996, c. 367, is amended by adding the following definition:

"committee" means the special committee of the Legislative Assembly that the Legislative Assembly specifies for the purposes of sections 47 to 49; .

SECTION 2: [Police Act, sections 47 to 49]

in the proposed

section 47, provides for direct appointment of the police complaint commissioner, as an officer of the Legislature and for a 5-year term, by resolution of the Legislative Assembly instead of by order of the Lieutenant Governor in Council, and enables reappointment for a 2nd 5-year term;

in the proposed

section 48,

requires notice of the police complaint commissioner's resignation to be given in writing,

affords the power to suspend or remove the police complaint commissioner, for cause or incapacity, directly to the Legislative Assembly, instead of through the Lieutenant Governor in Council, and

affords the power to suspend the police complaint commissioner, for cause or incapacity, to the special committee of the Legislative Assembly if the Legislative Assembly is not sitting;

in the proposed

section 49, provides for direct appointment of an acting police complaint commissioner by resolution of the Legislative Assembly or, if the Legislative Assembly is not sitting, by resolution of the special committee of the Legislative Assembly.

2 Sections 47 to 49 are repealed and the following substituted:

Appointment of police complaint commissioner

(1) The Legislative Assembly, by resolution, may appoint as the police complaint commissioner a person to exercise the powers and perform the duties assigned to the police complaint commissioner under this Act.

(2) The police complaint commissioner and any acting police complaint commissioner appointed under this Act are officers of the Legislature.

(3) Subject to

section 48, the police complaint commissioner holds office,

(

a) on being appointed to a first term, for 5 years, and

(

b) if appointed for a 2nd term, for a period of up to 5 years as specified in the reappointment resolution.

(4) The Legislative Assembly may not appoint a person under subsection (1) who has not previously been appointed police complaint commissioner, unless the committee unanimously recommends the appointment of the person.

(5) The Legislative Assembly may not appoint a police complaint commissioner for a 2nd term under subsection (1) unless

(

a) the police complaint commissioner notifies the committee at least 6 months before the end of the first term that she or he wishes to be considered for reappointment, and

(

b) the committee unanimously recommends the reappointment within 60 days of being notified by the police complaint commissioner under paragraph (

a) of this subsection.

(6) A person must not be appointed under subsection (1) for a 3rd or subsequent term.

Resignation, suspension or removal of

police complaint commissioner

(1) The police complaint commissioner may resign from office at any time by giving written notice

(

a) to the Speaker of the Legislative Assembly, or

(

b) if the Speaker is absent from British Columbia or there is no Speaker, to the Clerk of the Legislative Assembly.

(2) By a resolution passed by 2/3 or more of the members present in the Legislative Assembly, the police complaint commissioner, for cause or incapacity, may be suspended from office, with or without salary, or removed from office.

(3) If the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the committee, by unanimous resolution, may suspend the police complaint commissioner for cause or incapacity, with or without salary, for a period that must be set by the committee to end not later than on the expiry of a further 20 sitting days of the Legislative Assembly.

Appointment of acting police complaint commissioner

(1) If the police complaint commissioner is suspended under

section 48 or the office is vacant, the Legislative Assembly, by resolution and on the recommendation of the committee, may appoint an acting police complaint commissioner to exercise the powers and perform the duties of the police complaint commissioner under this Act until the suspension ends or an appointment is made under

section 47 (1).

(2) If the police complaint commissioner is suspended under

section 48 or the office is vacant, and if the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the committee, by resolution, may appoint an acting police complaint commissioner to exercise the powers and perform the duties of the police complaint commissioner under this Act,

(

a) if the police complaint commissioner is suspended under

section 48 (2), until the suspension ends,

(

b) if the police complaint commissioner is suspended under

section 48 (3), for the period set by the committee under that provision, or

(

c) if the office of the police complaint commissioner is vacant, until an appointment is made under

section 47 (1).

SECTION 3: [Police Act,

section 49.1] consistent with practice and legislation respecting

officers of the Legislature, requires the police complaint commissioner to take

an oath of office.

3 The following

section is added:

Oath of office

49.1 Before beginning to exercise powers and perform duties under this Act, the police complaint commissioner and any acting police complaint commissioner must take an oath before the Clerk of the Legislative Assembly

(

a) to faithfully and impartially exercise those powers and perform those duties, and

(

b) not to divulge any information received under this Act, except as permitted under this Act.

SECTION 4: [Police Act,

section 50] updates a reference to the minister charged with the

administration of the Police Act .

Section 50 (3) (

e) is amended by striking out " the Attorney General " and substituting " the minister ".

SECTION 5: [Police Act,

section 50.1] statutorily provides the police complaint commissioner

with a salary equal to that of the chief judge of the Provincial Court of

British Columbia, and applies the public service pension plan to the police

complaint commissioner.

Section 50.1 is repealed and the following substituted:

Remuneration, expenses and application

of Public Sector Pension Plans Act

50.1

(1) The police complaint commissioner is entitled

(

a) to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and

(

b) to be reimbursed for reasonable travelling and out-of-pocket expenses personally incurred in exercising the powers and performing the duties of the police complaint commissioner under this Act.

(2) The public service plan as defined in

section 1 (1) of the Public Sector Pension Plans Act applies to the police complaint commissioner.

SECTION 6: [Transition — appointment and pension of police complaint commissioner] deems the current police complaint commissioner to have been appointed

under and in accordance with

section 47 of the Police Act , as enacted by this

Bill, except that the first term of appointment is for 6 years with a possible 2nd

term of up to 4 years, and provides retroactively for application of the public

service pension plan to the current police complaint commissioner.

Transition – appointment and pension of police complaint commissioner

(1) Subject to subsection (2), the police complaint commissioner holding office on the date that this

section comes into force is deemed to have been appointed under and in accordance with

section 47 of the Police Act , as enacted by this Act.

(2) Subject to

section 48 of the Police Act , as enacted by this Act, the police complaint commissioner referred to in subsection (1) of this

section holds office

(

a) for a first term ending February 28, 2015, and

(

b) if appointed for a 2nd term, for a period of up to 4 years as specified in the reappointment resolution.

(3) Section 50.1 (2) of the Police Act , as enacted by this Act, applies to the police complaint commissioner referred to in subsection (1) of this

section effective February 13, 2009.

(4) This

section is retroactive to the extent necessary to give it effect on and after February 13, 2009.

Commencement

7 This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Police Act,

section 46] adds a definition of "committee" to

Part 9 of the Act.

SECTION 2: [Police Act, sections 47 to 49]

in the proposed

section 47, provides for direct appointment of the police complaint commissioner, as an officer of the Legislature and for a 5-year term, by resolution of the Legislative Assembly instead of by order of the Lieutenant Governor in Council, and enables reappointment for a 2nd 5-year term;

in the proposed

section 48,

requires notice of the police complaint commissioner's resignation to be given in writing,

affords the power to suspend or remove the police complaint commissioner, for cause or incapacity, directly to the Legislative Assembly, instead of through the Lieutenant Governor in Council, and

affords the power to suspend the police complaint commissioner, for cause or incapacity, to the special committee of the Legislative Assembly if the Legislative Assembly is not sitting;

in the proposed

section 49, provides for direct appointment of an acting police complaint commissioner by resolution of the Legislative Assembly or, if the Legislative Assembly is not sitting, by resolution of the special committee of the Legislative Assembly.

SECTION 3: [Police Act,

section 49.1] consistent with practice and legislation respecting

officers of the Legislature, requires the police complaint commissioner to take

an oath of office.

SECTION 4: [Police Act,

section 50] updates a reference to the minister charged with the

administration of the Police Act .

SECTION 5: [Police Act,

section 50.1] statutorily provides the police complaint commissioner

with a salary equal to that of the chief judge of the Provincial Court of

British Columbia, and applies the public service pension plan to the police

complaint commissioner.

SECTION 6: [Transition – appointment and pension of police complaint commissioner] deems the current police complaint commissioner to have been appointed

under and in accordance with

section 47 of the Police Act , as enacted by this

Bill, except that the first term of appointment is for 6 years with a possible 2nd

term of up to 4 years, and provides retroactively for application of the public

service pension plan to the current police complaint commissioner.

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