Bill 59 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 59 Police Act the Solicitor General (Legislature 20, Session 3)

L20 S3 3397

Alberta — Bills

1985 BILL 59 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 59 POLICE ACT THE SOLICITOR GENERAL First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

Bill 59 BILL 59 1985 POLICE ACT (Assented to , 1985) TABLE OF CONTENTS

Definitions 1 PART1 ADMINISTRATION Responsibility of Govemment for policing 2 Responsibility of Solicitor General 3 Responsibility for providing pohce services 4 Director of the Law Enforcement Division 5

PART 2 LAW ENFORCEMENT APPEAL BOARD Law Enforcement Appeal Board 6 Board Chairman ^ Vacancies on Board ^ Signing of documents " Board investigators ^^ Board secretary ^ ^ Annual report ^^ Legal counsel ^^ Powers of Board ^ Delegation of authority J ^ Jurisdiction of the Board }^ Conduct of Board business Matters goveming hearings, appeals and inquiries

PART 3 POLICE SERVICES AND COMMISSIONS 19 Provincial police service -„ Municipal policing by another police service Municipal police advisory committees Regional police service ~^ Regional police commissions -4 Policing services on Indian reserves 25 Municipal police services 26 Municipal police commissions j-j Police service budgets and work plans -a Solicitor General intervention 29 Commission authority over police officers -^ Police officers serving outside their municipality Attorney General's directions 31

PART 4 POLICE OFFICERS, AUXILIARY CONSTABLES AND SPECIAL CONSTABLES Qualifications 32 Appointment of chiefs of police and police officers 33 Dismissals and lay-offs 34 Authority, duties and jurisdiction of police officers 35 Duties of chiefs of police 36 Auxiliary constables 37 Special constables 38 PARTS COMPLAINTS AND DISCIPLINE Complaints to be in writing 39 Complaints respecting a police service or police officers 40 Complaints respecting chiefs of police 41 Conduct of hearing 42 Appeals to Board 43 Complaints respecting the RCMP 44 Complaints respecting auxiliary constables 45 Complaints respecting special constables 46 Report of complaints to Director 47

PART 6 GENERAL Lock-ups 48 Use of the term "police" 49 Uniforms and insignia 50 Application to court 51 General penalty 52 Service of notices and documents 53 By-laws and resoludons 54 Lieutenant Govemor in Council regulations 55 Solicitor General regulations 56 Transitional 57 Repeal 58 Commencement 59 HER MAJESTY, by and with the advice and consent of die Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "auxiliary constable" means a person appointed as an auxil iary constable under

section 37; (b) "Board" means the Law Enforcement Appeal Board; (c) "Chairman" means the Chairman ofthe Board; (d) "commission" means a police commission established under

section 23 or 26 and includes a committee established under

section 24(5); (e) "council" means (

i) the council of a city, town, village, summer village, county or municipal district; (ii) the board of administrators of a new town;

(iii) in the case of a hamlet, the council of the county or municipal district in which the hamlet is situated; (iv) where an Indian band establishes a police service under

section 24(4), the band councd; (

v) the Minister of Municipal Affairs in the case of an im provement district or a special area; (f) "Director" means the Director of the Law Enforcement Di vision appointed under

section 5; (g) "municipal police service" means a police service established under

section 25; (h) "municipality" means a city, town, new town, village, sum mer village, municipal district and county and includes an Indian reserve where an Indian band police service is established under

section 24(4); (i) "police officer" means an individual who is (

i) appointed under

section 33 as a police officer, or (ii) a member of the provincial police service; (j) "police service" means (

i) a regional police service established under

section 22, (ii) an Indian band police service established under

section 24(4), (iii) a municipal police service established under secdon 25, and (iv) the provincial police service; (k) "provincial police service" means the Royal Canadian Mounted Police where an agreement is entered into under

section 19(1); (1) "probationary constable" means a police officer who (

i) is a member of a police service other than the Royal Ca nadian Mounted Police, and (ii) has been a police officer for a continuous period of less than 18 months; (m) "public complaint" means a complaint made under

Part 5 respecting a police service, police officer, auxdiary constable or special constable that is made by a person other than a member of a police service or a commission, a special constable, the di rector or the Solicitor General; (n) "special constable" means a person appointed as a special constable under

section 38.

PARTI ADMINISTRATION Responsibility of 2 The Govcmment of Alberta is responsible for ensuring that an polidlTg'"^"^ *"' adequate and effective level of policing is maintained throughout Alberta. Responsibility of 3 The SoUcitor General is charged with the administration of this Solicitor General A p+ Responsibility for 4(1) EvCry providing police *^'^"^^* (

a) municipal district and county, and (

b) town, new town, village or summer village with a population not greater than 1500, shall receive policing services provided by the provincial police ser vice at no direct cost to the town, new town, village, summer village, municipal district or county.

(2) Notwithstanding subsection (1), a town, new town, village, sum mer village, municipal district or county referred to in subsection (1) may (

a) use the provincial police service for the provision of policing services subject to the cost sharing provisions set out in the reg ulations, (

b) enter into an agreement for the provision of policing services under

section 20, (

c) establish a regional police service under

section 22, or (

d) establish a municipal police service under

section 25. (3) Subsection (1) does not apply to a municipality while it is receiv ing policing services pursuant to subsection (2).

(4) A municipality receiving policing services pursuant to subsection (2) shall not, without the prior consent ofthe Solicitor General, with draw from or alter the type of policing service that it is receiving.

(5) A town, new town, village or summer village with a population greater than 1500 but less than 5000 shall (

a) use the provincial police service for the provision of poHcing services subject to the cost sharing provisions set out in the reg ulations, (

b) enter into an agreement for the provision of policing services under

section 20, (

c) establish a regional police service under

section 22, or (

d) establish a municipal police service under

section 25.

(6) A city, town, new town, village or summer village with a popu lation of 5000 or more shall (

a) enter into an agreement for the provision of policing services under

section 20(2),

(

b) establish a regional police service under

section 22, or (

c) establish a municipal police service under

section 25.

(7) For the purposes of this Act the population of a city, town, new town, vdlage or summer village shall be determined in accordance with

section 27 of the Property Tax Reduction Act.

(8) This Act and the regulations apply to (

a) a hamlet as if it were a city, town or village, and (

b) an improvement district or special area as if it were a munic ipal district. Director of the 5(1) In accordaucc with the Public Service Act there shall be ap- Kvis^on""^*'"*"' pointed a Director of the Law Enforcement Division.

(2) The duties of the Director include the following: (

a) monitoring of police services to ensure that adequate and effective policing is maintained both municipally and provin- cially; (

b) developing and promoting crime prevention programs; (

c) serving as consultant to and, where directed to do so by the Solicitor General, representing the Solicitor General on matters related to crime prevention and law enforcement; (

d) assisting in the co-ordination of policing services; (

e) consulting with and advising councils, commissions, police advisory committees, chiefs of police and employers of special constables on matters relating to police and policing; (

f) developing, maintaining and managing programs and statis tical records and conducting research studies in respect of inci dence, offences and enforcement practices; (

g) performing duties and functions that are assigned to the Di rector by the Lieutenant Govemor in Council or the Solicitor General.

PART 2 LAW ENFORCEMENT APPEAL BOARD Law Enforcement 6(1) The Lieutenant Govemor in Council shall establish a board to Appeal Board ^ ^^^^ ^^ ^^^ ,,^^ Enforcement Appeal Board" composed of 3 members appointed by the Lieutenant Govemor in Council.

(2) At least 1 member of die Board shall be a judge of the Court of Appeal, the Court of Queen's Bench or the Provincial Court.

(3) A member of the Board shall be appointed for a term of not more than 3 years and is eligible for reappointment.

(4) Notwithstanding subsection (3), a member ofthe Board contin ues to hold office untd he is reappointed or his successor is ap pointed.

Board Chairman Vacancies on Board Signing of documents Board investigators

(5) The members of the Board shall be paid (

a) fees or remuneration as prescribed by the Lieutenant Gover nor in Council, and (

b) expenses as prescribed by the regulations for subsistence and travelling while absent from their ordinary places of residence in the course of their duties as members of the Board. 7(1) The Lieutenant Govemor in Council shall designate 1 ofthe members ofthe Board who is a member of the judiciary as Chairman of the Board.

(2) In the case of illness, absence or other disability ofthe Chairman, the member in attendance with the longest period of service on the Board shaU act in the place of the Chairman.

(3) For the purposes of subsection (2), if 2 or more persons have an equal period of service on the Board, the member in attendance named earliest in the order appointing the members shall act in place of the Chairman. 8(1) When any member ofthe Board (

a) is absent from Alberta, or (

b) in the opinion of the Lieutenant Govemor in Council, is by reason of illness or any other cause incapable of performing his duties, the Lieutenant Govemor in Council may by order appoint a person to act in the place of the absent or incapacitated member for the period, on the terms and at the remuneration prescribed by the Lieu tenant Govemor in Council.

(2) The person appointed under subsection (1) may, during the pe riod for which he is appointed, discharge the duties and has all the rights and powers of a member of the Board. 9 An order or other document setting forth a decision, recommen dation or direction of the Board may be signed by the Chairman or acting Chairman and shall be admitted in evidence as prima facie proof (

a) that the decision, recommendation or direction is that of the Board, and (

b) that the person signing the order or other document was au thorized to do so at the time of the signing, without proof of the appointment ofthe person signing as Chairman or acting Chairman or of his signature. 10(1) In accordance with the Public Service Act there may be ap pointed a Board investigator, who shall, as directed by the Chairman, inquire into any matter that is of concem to the Board.

(2) Notwithstanding subsection (1), the Board may, subject to die approval of the Solicitor General, from time to time appoint 1 or

Board secretary Annual report Legal counsel Powers of the Board delegation of authority more experts or persons who have special technical or other knowl edge to act as Board investigators.

(3) A person appointed under subsection (2) shall be paid remuner ation and expenses as prescribed by the Solicitor General. 11(1) The Solicitor General may appoint a secretary to the Board, who shall (

a) keep a record of all proceedings conducted before the Board; (

b) have the custody and care of the records and documents of the Board; (

c) act as a registrar of all notices of appeal and complaints re ceived by the Board; (

d) prepare reports required by the Solicitor General or the Chairman of the Board.

(2) A member of the Board may act as secretary in the absence of the secretary.

(3) If the secretary is not an employee of the Govemment, (

a) the Lieutenant Govemor in Councd shall prescribe the fees or remuneration to be paid to the secretary, and (

b) the secretary shall be paid expenses as prescribed by regula tion for subsistence and travelling while absent from his ordinary place of residence in the course of his duties as the secretary to the Board. 12 After the end of each calendar year the Board shall file with the Solicitor General a report showing the number and nature of the hearings, appeals, inquiries and investigations that d held, summar ies ofthe findings made and any other matter that the Solicitor Gen eral directs. 13 On the request ofthe Board or the Chairman the Attomey Gen eral may appoint a lawyer to assist the Board in respect of a heanng, an appeal, an inquiry or an investigation. 14 The Board and each member ofthe Board have (

a) all the powers of a commissioner appointed under the Public Inquiries Act, and (

b) the powers given to the Board under the regulations. 15(1) Notwithstanding

section 17(4), the Board ^ay, unless other wise directed by the Solicitor General, authonze m writing the cnair- man or any other member of the Board to do any act or tmng re quired or permitted to be done by the Board under this ACI.

(2) A written authorization made under subsection (1) may be (

a) general or applicable to a particular case, and (

b) conditional or unconditional.

Jurisdiction of the Board Conduct of Board business Matters goveming hearings, inquiries and appeals

(3) Notwithstanding that the Board has given an authorization under this section, it may do the act or thing in respect of which the au thorization was given.

(4) Any decision or action taken by the Chairman or other member ofthe Board to whom an authorization is given under this

section is a decision or action of the Board and binds all the members of the Board. 16(1) The Board shall (

a) conduct appeals by police officers from dismissal under sec tion 34(1), (

b) conduct appeals or inquiries into matters referred to the Board under

section 43, and (

c) at the request of the Solicitor General, conduct investigations or inquiries, as the case may be, in respect of any matter coming under the administration of this Act.

(2) If the Board is of the opinion that the actions of a pohce officer who is the subject of a hearing, appeal, inquiry or investigation may constitute an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, the Board shall refer the matter to the Attomey General.

(3) Notwithstanding that the actions of the police officer have been referred to the Attomey General under subsection (2), if the Board is of the opinion that those actions also constitute a contravention of the regulations goveming the discipline or the performance of duty of police officers, the matter, as it relates to that contravention, may be proceeded with by the Board unless the Attomey General directs otherwise. 17(1) The Board shall hold meetings as it considers necessary.

(2) The Board may hold sittings and conduct hearings, appeals, in quiries and investigations, as the case may be, at any place in Alberta.

(3) The Chairman, or the secretary to the Board at the direction of the Chairman, may (

a) arrange for matters to be set down before the Board; (

b) adjoum matters set down before the Board; (

c) perform the administrative functions that are necessary to enable the Board to carry out its duties under this Act.

(4) For the purposes of conducting a hearing, an appeal or an inquiry under this Act a quomm of the Board shall consist of 2 members of the Board. 18 For the purpose of conducting a hearing, appeal or inquiry before the Board the foUowing applies: (

a) notice in writing of the time, place and purpose of the hear ing, appeal or inquiry shall be served on the person who is the subject ofthe hearing, appeal or inquiry 10 days before the com mencement of the hearing, appeal or inquiry;

(

b) a notice in writing of the time, place and purpose of the hearing, appeal or inquiry shall be served 10 days before the commencement of the hearing, appeal or inquiry on any other person, in addition to the person referred to in clause (a), as the Board directs; (

c) the Board has, with respect to the holding of a hearing, appeal or inquiry, the same power as is vested in the Court of Queen's Bench for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence on oath or other wise, and (iii) to compel witnesses to produce documents, records and things; (

d) the Board may require (

i) the chief of police in respect of an investigation or a hear ing conducted under

section 40, or (ii) the person charged with the conduct of an investigation or a hearing under

section 40 or 41, to produce to the Board, prior to a hearing, appeal or inquiry, copies of all investigation reports, statements, correspondence or other documents or things relating to the matter; (

e) if a person fails to attend, answer questions or produce an item as required under clause (

c) or (d), the Board may (

i) with respect to that person exercise its power of contempt as provided under the Public Inquiries Act, or (ii) where it is unable to exercise the power of contempt re ferred to in subclause (i), apply to the Court of Queen's Bench for an order committing that person for contempt in the same manner as if that person were in breach of an order or judg ment of that Court; (

f) the Board shall receive any evidence presented to it that is relevant to the matter being heard; (

g) in a case where the Board is conducting an appeal, the Board may receive new evidence that was not avadable or was not pre sented when the matter was initially heard or considered; (

h) the laws of evidence applicable to judicial proceedings do not apply; (

i) all oral evidence received shall be taken down in writing or recorded by electronic means;

G) all the evidence taken down in writing or recorded by elec tronic means and all documentary evidence and things received in evidence at a hearing, appeal or inquiry form the record ot the proceeding; (

k) the Board may, (

i) from time to time adjoum matters that are before the Board, and

(ii) in respect of an appeal, before or after the expiration of the time for service of a notice of appeal, extend the time for service for a further period not exceeding 30 days; (1) a hearing, appeal or inquiry, as the case may be, shall be held (

i) in public, if the proceeding is being held as a result of a public complaint, and (ii) in private, if the proceeding is being held other than as a result of a public complaint, unless the Board in its absolute discretion otherwise directs; (

m) a person who is likely to be affected by a hearing, appeal or inquiry is entitled to (

i) subject to clause (o), appear before the Board, (ii) make representations to the Board, and (iii) be represented by a lawyer or an agent; (

n) a witness, other than one employed by a police service, at tending a proceeding before the Board is entitled to the same fees and allowances as a witness summoned to attend at the Provin cial Court unless otherwise provided for by a regulation made under this Act; (

o) notwithstanding clause (1), in conducting an appeal or an in quiry the Board may decline to hold a hearing in respect of the appeal or inquiry and base its decision on the record; (

p) in determining an appeal commenced under

section 43(1) or (2), the Board may (

i) vary the decision; (ii) affirm the decision; (iii) affirm or vary the punishment imposed; (iv) accept a plea to a charge under a different

section of the regulations goveming the discipline or the performance of duty of police officers; (

v) take any other action that the Board considers proper in the circumstances; (

q) in determining an appeal commenced under

section 43(3) or (4) the Board may (

i) affirm the decision; (ii) direct the chief of police to lay a charge under the regu lations goveming the discipline or the performance of duty of police officers; (iii) direct the chief of police to have the matter investigated again; (iv) take any other action that the Board considers proper in the circumstances; 10

Provincial police service Municipal policing by another police Municipal police advisory committees (

r) the following shall be informed in writing of the findings of the Board: (

i) the appellant in the case of an appeal commenced under

section 43(1); (ii) the complainant and the police officer against whom the complaint is made in the case of an appeal commenced under

section 43(2) or (3); (iii) the commission; (iv) the Solicitor General.

PART 3 POLICE SERVICES AND COMMISSIONS 19(1) The Lieutenant Govemor in Council may, from time to time, authorize the Solicitor General on behalf of the Govemment of Alberta to enter into an agreement with the Govemment of Canada for the Royal Canadian Mounted Police to provide a provincial po lice service.

(2) When an agreement referred to in subsection (1) is in force, the Royal Canadian Mounted Police are responsible for the policing of all or any part of Alberta as provided in the agreement.

(3) The Royal Canadian Mounted Police with respect to their duties as the provincial police service shall, subject to the terms of the agreement referred to in subsection (1), be under the general direction of the Solicitor General of Alberta in matters respecting the opera tions, policies and functions of the provincial police service. 20(1) Subject to

section 4, the Govemment of Alberta may enter into an agreement with a council of a municipality for the provision of policing services to the municipality by the provincial police ser vice.

(2) Subject to the prior approval of the Solicitor General, a councd of a municipality may enter into an agreement with (

a) the Govemment of Canada for the employment ofthe Royal Canadian Mounted Police, or (

b) the council of another municipality, to provide policing services to the municipality.

(3) If a municipality (

a) has a population greater than 1500, and (

b) has entered into a policing agreement under subsection (1) or (2), it shall not withdraw from that agreement until it has established a municipal police service or entered into another agreement under subsection (1) or (2) or a regional policing agreement. 21 A council of a municipality that has entered into an agreement under

section 20 may by by-law establish a municipal police advisory committee, which shall 11

Regional police service Regional police commissions Policing services on Indian reserves (

a) oversee the agreement made under

section 20, and (

b) represent the interests of the community to the police officer in charge ofthe unit ofthe provincial police service or municipal police service that is providing the policing services, 22(1) Subject to the prior approval of the Solicitor General, the councils of 2 or more municipalities may enter into an agreement to be policed by 1 regional police service.

(2) The Govemment of Alberta may be a party to an agreement referred to in subsection (1) if the region to be policed under the agreement includes an area not contained within the limits of a mu nicipality that is subject to the agreement.

(3) If a council of a municipality has entered into an agreement under this

section it shall not withdraw from the agreement without the prior approval of the Solicitor General. 23(1) The parties to an agreement entered into under

section 22 shall, in accordance with the agreement and subject to the regula tions, establish a regional police commission.

(2) The appointment of a member to a regional police commission may be revoked only for cause and in accordance with the agreement entered into under

section 22.

(3) All persons appointed to a regional police commission shall take the oath set out in Form 1. 24(1) The Lieutenant Govemor in Council may authorize the Sol icitor General on behalf of the Govemment of Alberta to enter into an agreement with the Govemment of Canada (

a) for the employment of the provincial police service to pro vide policing services on an Indian reserve, or (

b) authorizing an Indian band council to establish a police ser vice under subsection (4).

(2) An agreement referred to in subsection (l)(

a) shall (

a) include the terms goveming the cost sharing arrangement, or (

b) provide that the cost sharing arrangement established by the regulations made under this Act apply to the provision of polic ing services on an Indian reserve.

(3) If an agreement referred to in subsection (l)(

a) is entered into, the Indian band council may establish a police advisory committee to represent the interests of the Indian band to the police officer in charge of the unit of the provincial police service that is providing the policing services on the Indian reserve.

(4) If an agreement referred to in subsection (l)(

b) has been entered into, an Indian band council may establish and maintain an Indian band police service pursuant to this Act and the regulations.

(5) Where an Indian band police service is established under subsec tion (4), the Indian band council shall (

a) establish a commission under

section 26, or 12

(

b) subject to the regulations and with the consent ofthe Solicitor General, establish a committee of the band council to perform the functions of a commission.

(6) The following provisions do not apply to Indian bands:

section 4;

section 20;

section 21;

section 22;

section 23;

section 25. Municipal 25(1) A municipality that has assumed the responsibility for estab- poiice services lishing a municipal police service under

section 4(2)(d), (5)(

d) or (6)(

c) shall establish and maintain an adequate and effective police service under the direction and control of a municipal police commission.

(2) A municipality maintaining a municipal police service shall not withdraw from providing that service except with the prior approval ofthe Solicitor General. Municipal police 26(1) A municipality, other than one that is a party to an agreement commissions entered into under

section 20(2) or 22, that (

a) has a police service, or (

b) has the approval ofthe Solicitor General to establish a police service, shall establish a municipal police commission.

(2) The councd shall, subject to the regulations, (

a) prescribe the mles goveming the operations of the municipal police commission, and (

b) appoint members of the municipal police commission.

(3) The appointment of a member to a municipal police commission may be revoked only for cause by the council.

(4) All persons appointed to a municipal police commission shall take the oath set out in Form 1. buta'ild^ 27(1) Every commission shall cause to be prepared, in consultation work plans with the chicf of police, (

a) estimates of all money required for the fiscal year to (

i) pay the remuneration of the police officers who make up the police service, and (ii) provide and pay for the maintenance of accommodation, equipment and operating costs of the police service, and (

b) a yearly work plan specifying the level of police service and programs to be provided to the community, and shall submit those estimates and plans to the council. 13

intervention

(2) In developing a budget, the council may obtain any information, other than information conceming individual criminal investiga tions, from any source, including the commission, that it considers necessary to enable it to assess the efficiency and the financing re quirements of the police service.

(3) The council is responsible for establishing the total budget for the purposes of the police service and the commission is responsible for allocating the funds provided for under the budget. Solicitor General 28(1) When, in the opinion ofthe Solicitor General, a municipality that is responsible for providing and maintaining a police service is not (

a) providing or maintaining an adequate and effective police service, or (

b) complying with this Act or the regulations, the Solicitor General may notify the council of that fact and request the council to take the action he considers necessary to correct the situation.

(2) If the council does not comply with a request made under sub section (1), the Solicitor General may (

a) appoint police officers for that municipality and prescribe their remuneration, (

b) request the provincial police service to provide policing ser vices to the municipality on an interim basis, or (

c) do any other thing necessary to create an adequate and effec tive police service within the municipality.

(3) The remuneration of police officers appointed by the Solicitor General and any other costs incurred under subsection (2) shall be paid by the municipality, and in default of payment the amount shall be paid by the Govemment and may be recovered by the Govem ment by deducting the amount from any grant payable to the munic ipality or by an action in debt. (4) Subsections (2)(

a) and (

c) and (3) do not apply in respect of an Indian reserve unless the Govemment of Canada enters into an agreement with the Govemment of Alberta providing otherwise. Commission authority over police officers 29(1) Where a commission has been established, the commission shall (

a) oversee the operations and functions of the police service, (

b) make mles, not inconsistent with this Act and the regulations, goveming the operation of the police service, (

c) establish policies for the efficient and effective provision of policing services, and (

d) as necessary, issue instmctions to the chief of police. 14

Police officers serving outside their municipality Attomey General's directions

(2) Every police officer (

a) is, after the establishment of a commission, subject to the jurisdiction of the commission, and (

b) shall obey the directions of the commission.

(3) Notwithstanding subsections (1) and (2), a commission shall not issue an instmction with respect to the duties of a police officer di rectly to a police officer other than to the chief of police. 30(1) The Solicitor General may at any time with the consent ofthe chairman of a commission of a police service established under sec tion 22 or 25 direct a police officer of that police service to serve in any part of Alberta that is outside the boundaries of the area for which the commission is responsible.

(2) The commission shall be reimbursed by the Solicitor General for the salary and expenses of any police officer providing services pur suant to a direction made under subsection (1). 31 Notwithstanding anything in this Act, all police services shall act under the direction of the Attomey General in respect of matters conceming the administration of justice and the enforcement of those laws that the Govemment is required to enforce.

PART 4 POLICE OFFICERS, AUXILIARY CONSTABLES AND SPECIAL CONSTABLES Qualifications 32(1) To be eligible to be appointed as a police officer, auxiliary constable or special constable a person shall (

a) be a Canadian citizen or lawfully admitted to Canada for permanent residence, and (

b) meet the other qualifications specified by the mles of the commission or the regulations.

(2) The chief of police of a police service established under

section 22, 24 or 25 shall be a Canadian citizen. fiSSe^ ^3(^) The commission shall appoint a chief of police and other po lice officers for a police service.

(2) Notwithstanding subsection (1), the commission may delegate the power to appoint police officers other than a chief of police to the chief of police.

(3) Each police officer appointed under this

section shall, before en- tenng on his duties, take the oath set out in Form 2. T^'^^ ?"bJ6ct to the regulations, police officers may be dismissed by the chief of police in accordance with this Act.

(2) The commission may (

a) lay off police officers, and and police officers lay-offs" «als and 15

of police officers Duties of chiefs of police (

b) recommend the lay-off, suspension or dismissal of other po lice service employees, for financial or administrative reasons, subject to the provisions of any collective agreement in force in respect of those persons. Authority, duties 35(1) Every police officer has the authority and the responsibility to and jurisdiction (

a) perform all duties that are necessary (

i) to preserve and maintain the public peace, and (ii) to prevent crime, and (

b) execute all warrants and perform all related duties and ser vices.

(2) A police officer appointed under

section 33 has jurisdiction throughout Alberta unless otherwise ordered by the Solicitor Gen eral. 36(1) The chief of police of a police service estabhshed under

section 22, 24(4) or 25 is responsible for (

a) the maintenance of discipline and the performance of duty within the police service, subject to the regulations governing the discipline and the performance of duty of police officers; (

b) the day to day administration of the police service; (

c) the application of professional police procedures; (

d) the preservation and maintenance ofthe public peace and the prevention of crime within the municipality.

(2) For the purposes of subsection (1), the chief of police shall issue orders and make directives as he considers necessary.

(3) The chief of police is accountable to the commission for the following: (

a) the operation of the police service; (

b) the enforcement of mles made by the commission with re spect to the police service; (

c) the administration ofthe finances and operations ofthe police service in keeping with the yearly work plan or any amendments to it that the commission may make; (

d) reporting to the commission any information conceming the activities of the police service that the commission may request, other than information conceming individual criminal investi gations; (

e) reporting to the commission any complaint made against the police service or its members and the manner in which the com plaint is resolved. 16

(4) A commission shall not issue an instmction under

section 29(l)(

d) that IS inconsistent with the duties and responsibilities conferred on the chief of police under this section. Auxiliary 37(1) A commissiou may constables (

a) appoint a person as an auxiliary constable of the police ser vice, and (

b) suspend or cancel the appointment of a person as an auxiliary constable.

(2) The power ofthe commission under subsection (1) may be del egated by the commission to the chief of police.

(3) Auxiliary constables shall, at all times, be under the supervision of a police officer.

(4) Notwithstanding subsection (3), when an emergency exists the chief of police may, with the approval of the commission, authorize auxiliary constables to perform police duties without being under the supervision of a police officer.

(5) Notwithstanding subsection (4), where it is not practicable to obtain the approval of the commission under subsection (4), (

a) the chief of police may authorize an auxiliary constable to perform police duties without being under the supervision of a police officer during an emergency, and (

b) the authorization referred to in clause (

a) is valid for 24 hours from the time it was given unless the commission ratifies the giving of that authorization before the expiry of the authoriza tion.

(6) While performing duties under subsection (4) or (5) an auxiliary constable has the same powers as a police officer.

(7) Subject to subsections (5) and (6), the commission may prescribe the powers of an auxiliary constable.

(8) A person, while carrying out his duties as an auxiliary constable, is a person employed for the preservation and maintenance of the public peace.

(9) Each auxiliary constable, before entering on his duties, shall take the oath set out in Form 2. Special 38(1) The Solicitor General may constables (

a) appoint a person as a special constable, and (

b) subject to the regulations, suspend or cancel the appointment of a special constable.

(2) The appointment of a special constable shall (

a) be in writing, and (

b) specify the territorial jurisdiction and duties of the special constable. 17

(3) Subject to the regulations, applications for the appointment of persons as special constables shall be made to the Solicitor General

(4) The Solicitor General is responsible for (

a) the discipline of special constables, and (

b) ensuring that special constables carry out their duties in a proper manner.

(5) The Solicitor General may delegate his responsibility under sub section (4) to the employer of the special constable.

(6) The employer of a special constable is liable for the actions of the special constable while the special constable is on duty or other wise exercising his powers.

(7) A person, while carrying out his duties as a special constable, is a person employed for the preservation and maintenance ofthe pub lic peace.

(8) A special constable, before entering on his duties, shall take the oath set out in Form 2.

PART 5 COMPLAINTS AND DISCIPLINE Complaints to 39 A pubUc complaint with respect to a police service or a police be in wnting officer shall bc in writing and signed by the complainant where prac tical. Complaints respecting a police service or police officers 40(1) All complaints with respect to a police service or a police of ficer other than the chief of police shall be sent to the chief of police.

(2) On receipt of a complaint pursuant to subsection (1), the chief of police shall cause the complaint to be investigated.

(3) If, after causing the complaint to be investigated, the chief of police is of the opinion that the actions of a police officer constitute (

a) an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, he shall refer the matter to the Attomey General, or (

b) a contravention of the regulations goveming the disciphne or the performance of duty of police officers, he shall cause the mat ter to be proceeded with under subsection (4).

(4) Where the chief of police is of the opinion that the actions of a police officer constitute a contravention ofthe regulations goveming the discipline or the performance of duty of police officers he, or a police officer designated by him, shall conduct a hearing into the matter as it relates to that contravention.

(5) If (

a) a police officer is the subject of an investigation or heanng, and (

b) in the opinion ofthe chief of police, there is no police officer of the police service who has sufficient rank and experience to (

i) conduct an investigation. 18

Complaints respecting chiefs of police Conduct of hearing (ii) present the case, or (iii) preside at the hearing, as the case may be, the chief of police may request the commission to make arrangements for another police service to provide police officers to conduct the investigation, present the case and preside at the hearing.

(6) A police officer acting under subsection (5) has, for the purposes of this section, the same powers as a chief of police conducting a hearing under subsection (4). 41(1) All complaints with respect to the chief of police shall be sent to the chairman of the commission.

(2) If, after reviewing the complaint, the chairman of the commis sion is of the opinion that the actions of the chief of police may constitute (

a) an offence under

an Act of the Parliament of Canada or the Legislature of Alberta, or (

b) a contravention ofthe regulations goveming the discipline or the performance of duty of police officers, the chairman shall request the Solicitor General to direct another police service to investigate the complaint.

(3) If the chief of police or the officer in charge ofthe police service directed under subsection (2) to carry out the investigation is of the opinion that the actions of the chief of police that are the subject of the investigation constitute (

a) an offence under

an Act of the Pariiament of Canada or the Legislature of Alberta, he shall (

i) refer the matter to the Attomey General, and (ii) advise the commission of his findings unless the Attomey General otherwise directs, or (

b) a contravention ofthe regulations goveming the discipline or the performance of duty of police officers, he shall refer the mat ter to the commission.

(4) Where a matter is referred to the commission under subsection (3)(b), the commission shall conduct a hearing into the matter as it relates to the contravention ofthe regulations goveming the disci pline or performance of duty of police officers.

(5) The commission may appoint a lawyer to present to the com mission the matter that is the subject ofthe complamt. 42(1) Where a hearing is proceeded with under

section 40(4) or 41(4)

section 18(

a) to (c), (e)(ii), (f), (

h) to 0), (k)(i),(m) ^^^

n) apply to the hearing in the same manner as to a heanng conducted by the Board and 19

(

a) in the case of a hearing under

section 40, the chief of police or a police officer designated by him, or (

b) in the case of a hearing under

section 41, the commission has the same powers that the Board has in respect of those provi sions.

(2) Notwithstanding that the actions of a police officer have been referred to the Attomey General under

section 40(3)(

a) or 41(3)(a), if the person who referred the matter to the Attomey General is ofthe opinion that those actions also constitute a contravention ofthe reg ulations goveming the discipline or the performance of duty of police officers, the matter as it relates to that contravention shall be pro ceeded with under

section 40(4) or 41(4), as the case may be, unless the Attomey General otherwise directs.

(3) Notwithstanding

section 40(4) or 41(4), where a matter that is referred to the Attomey General under

section 40(3)(

a) or 41(3)(

a) is also to be proceeded with under

section 40(4) or 41(4), the hearing ofthe matter under

section 40(4) or 41(4) may be deferred until the proceedings respecting the offence are concluded.

(4) On hearing a matter, (

a) the chief of police or his designate, in the case of a hearing under

section 40(4), or (

b) the commission, in the case of a hearing under

section 41(4), may dismiss the matter or, subject to the regulations, take any action against the person who is the subject of the complaint that (

c) the chief of police or his designate, in the case of a complaint under

section 40, or (

d) the commission, in the case of a complaint under

section 41, considers proper in the circumstances.

(5) On making a decision after hearing a matter, (

a) the chief of police, in the case of a complaint under

section 40, or (

b) the commission, in the case of a complaint under

section 41, shall in writing advise the person against whom the complaint is made and the complainant, (

c) where a hearing is held, ofthe findings ofthe hearing and any action taken under subsection (4), and (

d) where a hearing is not held, of the disposition of the com plaint and the grounds on which the disposition was made. th^loard" ^^^^^ ^ ^^^^^ °^ police or another police officer who feels himself aggrieved by the findings of a hearing or any action taken against him under

section 42(4) may, within 30 days from the day he was advised under

section 42(5) of the findings of the hearing and any action taken, file with the secretary to the Board a written notice ol appeal setting forth the grounds on which the appeal is based. 20

Complaints respecting RCMP Complaints respecting auxiliary constables Complaints respecting special constables Report of complaints to the Director

(2) If a public complaint has resulted in a hearing, the complainant may, within 30 days from the day he was advised under

section 42(5) of the findings of the hearing and any action taken, file with the secretary to the Board a written notice of appeal setting forth the grounds on which the appeal is based.

(3) If a public complaint has (

a) been considered to be unfounded, or (

b) not resulted in a hearing, the complainant may, within 30 days from the day he was advised under

section 42(5) of the disposition of his complaint, file with the secretary to the Board a written notice of appeal setting forth the grounds on which the appeal is based.

(4) The commission may, if not satisfied with the outcome of an investigation or hearing, make a request to the Board that the Board investigate the whole or any portion ofthe investigation or the action out of which the investigation arose. 44 Notwithstanding

section 40 or 41, complaints in Alberta with respect to members of the Royal Canadian Mounted Police shall (

a) be sent to the Commanding Officer responsible for the Royal Canadian Mounted Police in Alberta, and (

b) subject to any agreement entered into between the Govem ment of Canada and the Govemment of Alberta or a municipal ity, as the case may be, be resolved in accordance with the laws goveming discipline within the Royal Canadian Mounted Police. 45(1) All complaints with respect to auxiliary constables shall be sent to the chief of police.

(2) Sections 40, 42 and 43 apply to a complaint referred to in sub section (1). 46(1) All complaints with respect to a special constable shall be sent (

a) to the employer of the special constable if a delegation has been made to the employer under

section 38(5), or (

b) to the Director if a delegation has not been made under sec tion 38(5).

(2) Notwithstanding subsection (l)(b), if (

a) a delegation has not been made under

section 38(5) to an employer of a special constable, and (

b) a complaint with respect to a special constable is made to the employer, the employer shall forthwith forward that complaint to the Director. 47 If a pubUc complaint is made, (

a) the commission, in the case of a complaint made under sec tion 40, 41 or 45, 21

Lock-ups (

b) the Commanding Officer, in the case of a complaint made under

section 44, and (

c) the employer, in the case of a complaint made under

section 46(l)(a), shall, at the end of the month in which the complaint is made or within a longer period of time as prescribed by the Director, advise the Director of the complaint and after the resolution of the com plaint advise the Director as to how the complaint was resolved.

PART 6 GENERAL 48(1) A municipality that (

a) has established a police service under

section 24(4) or 25, or (

b) receives policing services under an agreement made pursuant to

section 20, shall make provision for an adequate lock-up facility.

(2) If a municipality maintains a lock-up facility under subsection (1), that lock-up shall be under the direction and control ofthe police service.

(3) If (

a) a special constable, or (

b) a person employed by a municipality to enforce by-laws, requires the use of a lock-up facility, he shall use the lock-up facility operated by a police service.

(4) Where a regional police servdce is established, the agreement en tered into under

section 22 shall include provision for a lock-up facility to meet the needs of each of the participating municipalities. 49 No person shall, unless he is appointed as a police officer under this Act or pursuant to

an Act of the Parliament of Canada, (

a) hold himself out as a police officer, or (

b) display the word "police" either alone, as a part of a word or in conjunction with any other words, on a uniform, an insignia, a vehicle marking or other sign or symbol. 50 If the Solicitor General or his designate is of the opinion that the uniform, insignia, vehicle markings or other signs or symbols employed by a person or organization are so similar to those used by a police service that the public may be misled, the Solicitor Gen eral or his designate may, by order in writing served on that person or organization, require the person or organization to desist from the use of that uniform or insignia or those markings, signs or symbols.

Application 51(1) Whether or not a person is prosecuted under this Act, if the Director is of the opinion that a person is or was contravening sec tion 49 or an order made under

section 50, the Director may apply Use of the term "police" Uniforms and insignia 22

to the Court of Queen's Bench for an order directing that person to cease or desist from contravening

section 49 or the order made under

section 50, as the case may be.

(2) An appUcation under this

section shall be by way of an originat ing notice.

(3) On an originating notice being filed with the clerk of the Court, the Court may, if it considers it necessary in the circumstances, make an interim order granting the relief that the Court considers appro priate pending the determination ofthe application.

(4) An interim order under subsection (3) may be made ex parte if the Court considers it appropriate in the circumstances.

(5) On hearing an application the Court may, if it is of the opinion that the person is or was contravening

section 49 or an order made under

section 50, grant an order, subject to any terms and conditions the Court considers appropriate in the circumstances, doing 1 or more of the following: (

a) directing the person to cease or desist from contravening sec tion 49 or the order made under

section 50, as the case may be; (

b) giving directions that the Court considers necessary in order to ensure that

section 49 or an order made under

section 50, as the case may be, will be complied with; (

c) awarding costs in respect of the matter. General penalty 52 Any pcrsou who contravcncs

section 49 or fails to comply with an order made under

section 50 is guilty of an offence and liable to a fine not greater than $10 000 or to a term of imprisonment not exceeding 6 months or to both a fine and imprisonment. 53 In addition to any method of service permitted by law, any no tice or document respecting matters coming under this Act may be served (

a) by personal service, or (

b) by registered mail sent (

i) to the Chairman or secretary of the Board, in the case of a notice or document sent to the Board, or (ii) to the latest address ofthe person on whom the notice or document is to be served as shown on the records of the person issuing the notice or document, in a case other than that referred to in subclause (i). Service of notices and documents By-laws and resolutions 54(1) For the purposes ofthis Act (

a) a council, other than the Minister of Municipal Affairs or an Indian band council, may exercise and perform its powers and duties under this Act by by-law, and (

b) an Indian band council may exercise and perform its powers and duties under this Act by a band council resolution. 23

Lieutenant Govemor in Council regulations

(2) Notwithstanding subsection (I), a council referred to in subsec tion (l)(

a) may exercise its powers under

section 26(2)(

b) by resolu tion. 55(1) The Lieutenant Govemor in Council may make regulations (

a) prescribing rates of fees, remuneration and subsistence and travel allowances payable under this Act or the regulations; (

b) prescribing rates of fees and expenses payable to witnesses attending a proceeding under this Act; (

c) goveming the sharing of costs of provincial policing services under sections 4(2)(

a) and (5)(a), 20(1) and 24(2); (

d) goveming, subject to this Act, the responsibility and duties of police commissions and municipal police advisory commit tees; (

e) goveming, subject to this Act, the establishment and opera tion of police services; (

f) goveming, subject to this Act, the appointment, qualifica tions, training, duties, discipline and performance of duty of po lice officers, probationary constables, auxiliary constables and special constables; (

g) governing investigations of police officers, auxiliary con stables and special constables; (

h) goveming, subject to this Act, action that may be taken against police officers, auxiliary constables and special constables; (

i) goveming appeals of special constables from action taken against them under

section 38; (

j) goveming, subject to this Act, regional policing services and policing services provided under

section 20(2)(b); (

k) goveming a committee referred to in

section 24(5).

(2) A regulation made under subsection (1) may be general or spe cific in its application.

(3) Subsection (l)(

f) and (

g) do not apply to the Royal Canadian Mounted Police. Solicitor General 56(1) The SoUcitor General may make rcgulatious regulations (

a) prescribing colour and style of uniforms, accoutrements and insignia for police officers, auxiliary constables and special con stables; (

b) goveming clothing and equipment fumished to or used by police officers, auxiliary constables and special constables; (

c) goveming firearms with respect to police officers, auxiliary constables and special constables; (

d) goveming police lock-up facilities and providing for their in spection; 24

(

e) governing applications for appointments of special con stables; (

f) prescribing the information and statistical data to be kept and reported to the Solicitor General by police services and employ ers of special constables.

(2) A regulation made under subsection (1) may be general or spe cific in its application. Transitional 57(1) In this scctlon 'former Act" means the Police Act,

chapter P-12 ofthe Revised Statutes of Alberta 1980.

(2) Those persons who, immediately before the coming into force of this Act, were members ofthe Law Enforcement Appeal Board under the former Act continue for their term of office as members ofthe Law Enforcement Appeal Board under this Act.

(3) The person who, immediately before the coming into force ofthis Act, was the chairman ofthe Law Enforcement Appeal Board under the former Act continues for his term of office as Chairman of the Law Enforcement Appeal Board under this Act.

(4) Any action respecting a complaint against or the discipline of a police officer or a chief of police that was commenced under the former Act but not completed before the commencement ofthis Act shall be dealt with and determined under the former Act as if that Act had not been repealed.

(5) Any person who, immediately before the coming into force ofthis Act was a special constable under the former Act continues as a spe cial constable under this Act and his appointment as a special con stable terminates 1 year from the date ofthe coming mto force oj this Act unless sooner terminated under

section 38(l)(b). Repeal 58 The Policc Act,

chapter P-12 of the Revised Statutes of Alberta 1980, is repealed. Commencement 59 TMs Act comcs Into forcc on Proclamation. 25

FORM 1 OATH OF OFFICE (MEMBERS OF MUNICIPAL POLICE COMMISSIONS) I, , swear that I will diligently, faithfully and to the best of my ability execute according to law the office of police commissioner and will not, except in the discharge of my duties, disclose to any person any matter or evidence brought before me as a member of the _^ so help me God. Swom before me in the of. in the Province of Signature this day of. 26

FORM 2 OATH OF ALLEGIANCE AND OFFICE (PEACE OFFICERS) I, __, swear that I will be faithful and bear tme allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law, in the office of for the of and that I will diligently, faithfully and to the best of my ability execute according to law the office of , and will not, except in the discharge of my duties, disclose to any person any matter or evidence which may come to my notice through my tenure in this office, so help me God. Swom before me in the of. in the Province of ^"^^ -~~ Signature day of. 27 Title: 1985 (20th, 3rd) Bill 59, Police Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3397
Type	bill
Volume / chapter	L20 S3 3397
Language	en
Format	json
Source	PROVINCIAL
Identifier	6c8965d2dfc2aedba7af65b836eb6e5ef3b646db

Source file is stored in the law ingest library (json).