1981 BILL 17 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 17 THE POLICE AMENDMENT ACT, 1981 MR. WEISS First Reading ......................................... , ....... ,·ou •• "·nIT'······· Second Reading .................................. Ii.rr. ......... _ .. , '-"-, ........ . Committee of the Whole .................................................. . Third Reading .................................................................. . Royal Assent ................................................................ .

Bill 17 Mr. Weiss BILL 17 1981 THE POLICE AMENDMENT ACT, 1981 (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: The Police Act, 1973 is amended by this Act. l

Section 1 is amended (

a) by repealing clause (

c) and substituting the following: (c) "council" means (

i) the council of a city, town or village, (ii) the board of administrators of a new town, or (iii) in the case of a hamlet, the council of the county or municipal district in which the hamlet is situated; (

b) by repealing clause (

e) and substituting the follovving: (e) "mayor" includes (

i) the chairman of the board of administrators of a new town, and (ii) in the case of a hamlet, the reeve of the county or municipal district in which the hamlet is situated; (

c) hy repealing clause (

f) and substitutinf? the follmving: (0 "urbar, municipality" means (

i) a city. to\\n, new town or village, or (i~) in the case of a hamlet that has a popUlation in excess of 1500 persons, the county or municipal district in which the hamlet is -,ituatcd.

Explanatory Notes 1 This Bill will amend

chapter 44 of the Statutes of Alberta, 1973. 2

Section 1 presently reads in part: In this Act, (c) "counci I" means (0 the council of a city, town or village, or (ii) the board of administrators of a new tmvn; (e) "mayor" includes the chairman of the board of administrators of a new town; if) . 'urban municipality" means a city, town, new town, village or hamlet. 1

Section 2 is amended by striking out "laws of Alberta" and substituting "laws in force in Alberta". 4

Section 3 is amended b" striking out' 'having a population in excess of 1,500 persons" and substituting "that i~ responsible for providing and maintaining a po~ice force under

sectIOn 18 u~less t~e urban municipality has entered Into an agreement under

sectIOn 36 . 5

Section 18(3) is mnended by striking out "The council of an" and substituting" An". 6

Section 21 ( 1 ) is amended (

a) by striking out "the council of any urban municipality" and substituting "an urban municipality", and (

b) by striking out "notify the council" and substituting "notify the council of the urban municipality". 7

Section 23( 1 ) is repealed and the following is substituted: 23( 1) An urban municipality that (

a) is responsible for providing and maintaining a police force under

section 18, and (

b) has not entered into an agreement under

section 36, shall by by-law establish a municipal police commission. (1.

I) If a.n urban municipality has entered into an agreement under sectIon. 36, the c<?u.ncil of ~hat urban municipality may by hy-Iaw estabhsh a mUnICIpal poltce commission. 8 Sectioll 25 is amended by adding the folloH'ing after subsection (2): (2. I) .T~e }?owe.r to appoint members of a police force other than the chIef ot poltce may be delegated by the commission to the chid of police.

Section 2 presently reads: 2 The Lieutenant Governor in COl/ncil may, from time to time, au­ thorize the Solicitor General on behalf of the Government of Alberta to enter into all agreemellf with the Government of Canada for the use or employment in all or any portion of Alberta of the Royal Canadian Mounted Police in aiding in the administration of justice and in carrying into effect the laws of Alberta. 4

Section 3 presently reads: 3 Where an agreement is inforce ul/der

section 2, the Roml Canadian Mounted Police shall be responsible for the policing of ail or any part of Alberta as provided in the agreemem but not including any urban municipality having a population in excess of 1,500 persons. 5

Section 18(3) presently reads:

(3) The council of an urban municipality having a population in excess of 1 ,500 persons shall provide lock-up accommodation adequate for the needs of the municipality. 6

Section 21 (1) presently reads: 21

(1) When, in the opinion of the Solicitor General, the council of any urban municipality to which

section 18 applies is not providing or maintaining an adequate and efficient police force or is not complying with this Act or the regulations, the Solicitor General may notify the council of that fact and request the council to take such steps as he considers necessary. 7

Section 23( 1) presently reads: 23( 1) The council of an Urba!l municipality having a population (~lmore than 1,500 persons shall provide for a municipal police commission. 8

Section 25(2) presently reads:

(2) The members of the police force in an urban mw,zicipa.litc" s(1(/1I .~e appointed bv the commission but the appointment (4 (/ chief of pol/( e is subject to rat({ication by the council. 2

Section 2c) is repealed and the following is substituted: 29(

I) The chief of police of an urban municipality shall be a Canadian citizen.

(2) Subject to subsection (I)' every me~ber ?~. a police f?rce of an urban municipality shall be a Canadian citizen or lawfully admitted to Canada for permanent residence. 10 The following is added after

section 32: 32.1 (

I) Notwithstanding

section 32, if a member of a police force is the subject of a disciplinary hearing and, in the.opi.nion of the Solicitor General, there is no member of that police force who has sufficient rank to conduct an investigation in respect of the hearing, the Solicitor General may designate a senior member of another police force to conduct the investigation.

(2) A member of the police force of an urban municipality shall be designated under subsection (

I) only with the oral or written consent of the chairman of the commission or, if there is no commission, of the mayor of that urban municipality.

(3) The urban municipality shall be reimbursed by the Solicitor General for the salary and expenses of any member of the police force designated under subsection (I ).

(4) A member of a police force designated under subsection (

I) has authority throughout Alberta for the purposes of the inves­ tigation. II Sectioll 33( 14) is repealed and the following is substituted:

(14) If the Board is of the opinion that the conduct of the member or members of a police force who are involved in the investigation or appeal may constitute an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, the Board shall. subject to subsections (14.

I) and (14.2), adjourn that investigation or appeal and refer the matter to the Attorney General. ( 14.

I) If the Attorney General is satisfied that a matter referred to him under subsection (14) does not involve conduct that con­ "titutes an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, he may refer the matter back to the Board for disposition.

(14.2) If the Attorney General is satisfied that a matter referred to hin,'. under subsection ( 14) may involve conduct that constitutes an t?ttence under

an Act of the Parliament of Canada or the L.e~~slature ()f Alber:a, t~e At.tt?rney General may refer the matter halk to the Board for diSpOSition under thi"

section

Section 29 presently reads: ?9 The ch{efofpolice ofa city. town or new town having a population In excess of 5.000 persons shall be a Canadian citizen. 10 Disciplinary hearing by an outside police officer. 11

Section 33( 14) presently reads:

(14) When the Board is sqtisfied that the conduct of the member or members of a police force who are involved in the investigation or appeal may constitute an offence under

an Act of the Parliament of Canada or the Legislature o{ Alberta. the investigation or appeal shall be adjourned indefinitely and the Board shall forthwith i1~f'orm the At­ torney General of its conclusion. 3

(

a) at any time, if no court proceedings are instituted in re~;pect of that matter, or (

b) if court proceedings are instituted in respect of that mat­ ter, after those proceedings have been concluded.

(14.3) If court proceedings are instituted at any time after a matter has been referred back to the Board under subsection (14.1) or (14.2), the Attorney General may adjourn the inves­ tigation or appeal before the Board until the court proceedings have been concluded. ( 14.4) If a matter is referred to the Attorney General under subsection (14), the Board shall not further deal with that matter unless it is referred back to the Board under subsection (14.

I) or (14.2). 12

Section 36(2) is amended by (

a) striking Ollt "the council of"; (

b) striking out "on behalf of" and substituting "with respect to" . 13

Section 43 is amended by adding the following qfter clause (e.2): (e.3) governing discipline respecting special constables, includ­ ing procedures and penalties; J.+

Section 44( 1 ) is amended by adding the following qfter clause (c ): (c.

I) governing security clearances to be met by persons re­ cruited as special constables: (c.2) prescribing courses of training for special constables; (c. 3) pre~c.ribing t~e i~formation and statistical data to be kept hy a municipal police force, an employer of a special constable and a government agency involved in law enforcement: (c.4) governing the reporting to the Solicitor General of any in~-ormation and statis~ical data required to be kept pursuant to thiS Act or the regulatIOns: III accordallce lI'ith sectioll -I( I) (~l The Imerpretmioll Aer. 1980. this Bill comes imo force Oil the date it re­ (('/1'(,\ Royal Assem. 4

Section 36(2) presently reads:

(2) In the case of a hamlet. the council of the county or municipal district in which the hamlet is situated may enter into an agreement under subsection (

I) on behalf of the hamlet. 13

Section 43 presently reads in part: 43( 1) The Lieutenant Governor in Council may make regulations (e.2) governing discipline H,!ithin police forces. including proce­ dures and penalties; 14

Section 44(

I) presently reads in part: 44( 1) The Solicitor General .may make regulations (

c) prescribing basic courses of training for members of municipal police forces; (

d) prescribing the records. returns. books and accounts to be kept and made by municipal police forces or the members thereof Title: 1981 (19th, 3rd) Bill 17, The Police Amendment Act, 1981