Second

Session, 50th General Assembly

Charles III, 2025

BILL 102

AN ACT RESPECTING THE

ESTABLISHMENT OF THE LAW ENFORCEMENT OVERSIGHT COMMISSION AND THE COMPLAINTS

PROCESS RELATING TO LAW ENFORCEMENT OFFICERS

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE BERNARD

DAVIS

Minister of Justice

and Public Safety

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Law

Enforcement Oversight Commission Act .

The Bill would

establish the Law Enforcement

Oversight Commission; and

establish the process relating

to complaints of misconduct of law enforcement officers.

A BILL

AN ACT RESPECTING THE ESTABLISHMENT OF THE

LAW ENFORCEMENT OVERSIGHT COMMISSION AND THE COMPLAINTS PROCESS RELATING TO LAW

ENFORCEMENT OFFICERS

Analysis

Short title

Definitions

PART

LAW ENFORCEMENT OVERSIGHT COMMISSION

Law Enforcement Oversight Commission

Commissioner

Powers and duties of commissioner

Officers, investigators and employees

PART

COMPLAINTS

Filing of complaint

Time period to file complaint

Review of complaints

Complaint against chief or deputy chief

Refusal to investigate

Informal resolution

Complaint retained by commissioner

Complaint referred to chief

Public interest

Suspension of law enforcement officer

Withdrawal of complaint

PART

III

INVESTIGATION IN ABSENCE OF COMPLAINT

Investigation in absence of complaint

PART

INVESTIGATIONS

Power of investigation

Telewarrant

Notice to director of Serious Incident

Response Team

Criminal investigation

PART

RECONSIDERATION AND APPEAL

Reconsideration

Appeal

Appeal panel

Hearings

Decision of appeal panel

PART

GENERAL

Delegation

Notice

Publication of

summary

Annual report

Employment record

Regulations

Fees and forms

PART

VII

TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional

SNL2016 cI-2.1 Amdt .

RSNL1990 cP-43 Amdt .

SNL1992 cR-17 Amdt .

SNL2017 cS-13.003 Amdt .

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Law Enforcement Oversight Commission Act .

Definitions

2. In

this Act

(a) "association" means the association

as defined in the Royal Newfoundland Constabulary Act, 1992 ;

(b) "chief" means the head of a law

enforcement agency;

(c) "commissioner" means the person

appointed under subsection 4(1);

(d) "complaint" means a complaint filed

under subsection 7(1) or 7(3);

(e) "investigator" means an investigator

appointed under

section 6;

(f) "law enforcement agency" means the

constabulary as defined in the Royal Newfoundland Constabulary Act, 1992 ;

(g) "law enforcement officer" means a police

officer as defined in the Roya l Newfoundland

Constabulary Act, 1992 ;

(h) "minor disciplinary measures" means the

disciplinary measures prescribed as minor in the regulations;

( i ) "misconduct"

means conduct that contravenes the Royal Newfoundland Constabulary Act, 1992

and the regulations under that Act; and

(j) "Serious Incident Response Team

director" means the director of the Serious Incident Response Team

appointed under

section 4 of the Serious Incident Response Team Act .

PART I

LAW ENFORCEMENT OVERSIGHT COMMISSION

Law Enforcement

Oversight Commission

3. The

Law Enforcement Oversight Commission is established.

Commissioner

(1) The

Lieutenant-Governor in Council shall appoint a person to be the commissioner of

the commission.

(2) The commissioner shall be appointed for a term

of 5 years and may be reappointed.

(3) Where the term of the commissioner expires,

the commissioner continues to be the commissioner until reappointed or

replaced.

(4) The

Lieutenant-Governor in Council may determine the remuneration for services and

allowances for travelling and other expenses that shall be paid to the

commissioner.

(5) The Lieutenant-Governor in Council may appoint an interim commissioner

for one term not exceeding one year where the commissioner

(

a) ceases to hold office; or

(

b) is unable to perform the duties of the commissioner's office.

Powers and duties

of commissioner

(1) The commissioner

(

a) shall

(

i) deal with

complaints made under this Act in accordance with this Act and the regulations,

and

(ii) perform the duties, and exercise the powers,

that are set out under this Act and the regulations or another Act of the

province; and

(

b) may

(

i) investigate

misconduct of a law enforcement officer that comes to the attention of the

commissioner absent a complaint, and

(ii) review law enforcement agency policies and

procedures and make recommendations to the chief and the minister regarding law

enforcement agency policies and procedures.

(2) The commissioner shall not consider a

complaint which relates to

Part IV of the Royal Newfoundland Constabulary

Act, 1992 or an agreement resulting from negotiations under

Part IV of that

Act.

Officers,

investigators and employees

(1) The

commissioner may appoint the officers, investigators and other employees the

commissioner considers necessary to enable the commissioner to carry out the

commissioners powers and duties under this Act and the regulations.

(2) The

Lieutenant-Governor in Council may determine the remuneration for services and

allowances for travelling and other expenses that shall be paid to officers,

investigators and employees employed under subsection (1).

PART II

COMPLAINTS

Filing of complaint

(1) A person may file a complaint under this Act where the

complaint relates to

(

a) the misconduct of a law

enforcement officer; or

(

b) t he policies or

procedures of the law enforcement agency which govern the manner

in which a law enforcement officer discharges the law enforcement

officer's duties.

(2) The following persons may file a complaint on

behalf of a person:

(

a) the person's parent or guardian, where the

person is under the age of majority;

(

b) the person's guardian, where the person has

been declared to lack capacity by a court of competent jurisdiction; or

(

c) the person's designate, where the person

consents to the designate filing the complaint.

(3) Where the chief

becomes aware of misconduct of a law enforcement officer, the chief shall file

a complaint with the commissioner regarding the misconduct.

(4) A complaint made

under subsection (1) or (3) shall be submitted to the commissioner in writing

in the form and manner set by the commissioner.

(5) Where, contrary to subsection (4), a person

files a complaint with the chief, the chief shall

(

a) forward the complaint to the commissioner; and

(

b) notify the person that the complaint has been

forwarded to the commissioner.

(6) Where a person files a complaint, the commissioner

shall provide a document to the person, in the form set by the commissioner,

which s ets out

(

a) the procedures to be

followed in dealing with a complaint; and

(

b) the rights of the

complainant.

(7) W here a law

enforcement officer who is the subject of a complaint resigns or retires from

the law enforcement agency before the completion of an investigation under this

Act, the complaint may be dealt with under this Act as if that law enforcement

officer had not resigned or retired.

Time period to

file complaint

(1) A complaint relating to the misconduct of a law enforcement

officer shall be made not later than 6 months after the alleged misconduct

occurred.

(2) Notwithstanding

subsection (1), where a complaint relates to the continuing misconduct

by a law enforcement officer, the complaint shall be filed not later than 6

months after the last incidence of the alleged misconduct.

(3) Notwithstanding subsections (1) and (2), the 6-month period

referred to in those subsections shall not begin to run against a complainant

until the complainant knows or ought to have known about the alleged misconduct

that is the subject of the complaint.

(4) T he burden of

proving a postponement of the running of time under subsection (3) is on the

complainant claiming the benefit of that postponement.

(5) Notwithstanding subsections (1) to (3), t he commissioner may accept a complaint that is submitted

after the 6-month period referred to in those subsections where the

commissioner is of the opinion that the matter is of significant public

interest.

Review of

complaints

(1) The

commissioner shall review every complaint and determine whether the complaint

(

a) satisfies the criteria prescribed in

subsection 7(1); and

(

b) either

(

i) directly impacts a

member of the public, or

(ii) is, in the opinion of the commissioner, of

public interest.

(2) Where the commissioner determines that the

complaint satisfies the criteria in subsection 7(1) and directly impacts a

member of the public or is of public interest, the commissioner shall retain

the complaint.

(3) Where the commissioner determines that a

complaint satisfies the criteria in subsection 7(1) but does not directly

impact a member of the public and is not of public interest, the commissioner

shall

(

a) refer the complaint to the chief for

investigation; and

(

b) notify the complainant that the complaint has

been referred to the chief for investigation.

(4) The commissioner shall make

a determination under subsection (1) in the time period prescribed in

the regulations.

Complaint against

chief or deputy chief

10. Notwithstanding

subsection 9(3), where a complaint relates to the conduct of the chief or

deputy chief, the commissioner shall retain the complaint.

Refusal to

investigate

(1) Notwithstanding subsections 9(2) and (3), the commissioner may refuse to

investigate a complaint or refuse to refer a complaint to the chief for

investigation where

(

a) the complaint is

made after the applicable time period referred to in

section 8;

(

b) the complainant is a law enforcement officer or an employee of a law enforcement agency and the

commissioner is of the opinion that the complaint may be more appropriately

dealt with under a collective agreement or a policy or procedure of the law

enforcement agency; or

(

c) the commissioner is of the opinion that the

complaint is frivolous, vexatious or made in bad faith.

(2) Where the commissioner refuses to investigate a

complaint or to refer a complaint to the chief for investigation under

subsection (1), the commissioner shall provide written notice, including

reasons, to the following persons:

(

a) the complainant;

(

b) the law enforcement officer who is the subject

of the complaint; and

(

c) the chief.

Informal

resolution

(1) The

commissioner

(

a) shall consider whether a complaint can be

resolved informally; and

(

b) with the consent of the complainant and the law

enforcement officer who is the subject of the complaint, may attempt to resolve

the complaint informally.

(2) Where a complaint is resolved informally, the

commissioner shall record the manner in which the

complaint was resolved.

(3) The commissioner shall provide a copy of the

record made under subsection (2) to

(

a) the complainant;

(

b) the law enforcement officer who is the subject

of the complaint; and

(

c) the chief.

(4) A complaint may be resolved informally by the

commissioner in accordance with this

section at any time.

Complaint

retained by commissioner

(1) Where

the commissioner retains a complaint under subsection 9(2), the commissioner shall

(

a) provide written notice to the following

persons in the time period prescribed in the

regulations:

(

i) the complainant,

(ii) the law enforcement officer who is the subject

of the complaint, and

(iii) the chief; and

(

b) assign an investigator to investigate the

complaint.

(2) Notice under paragraph (1)(

a) shall include

the following information:

(

a) a brief description of the nature of the complaint;

(

b) the name of the complainant; and

(

c) the name of the investigator investigating the

complaint.

(3) An investigator shall

(

a) investigate the complaint;

(

b) prepare a written report outlining the

investigator's findings; and

(

c) submit the report to the commissioner.

(4) The report referred to in subsection (3) shall

be submitted to the commissioner as soon as practicable but not later than 6

months after the date the commissioner makes a determination

under subsection 9(2).

(5) Notwithstanding subsection (4), where the

commissioner determines it necessary, the commissioner may extend the time period under subsection (4) for a period not exceeding 6

months.

(6) Not later than 45

days after an investigation is started, and every 45 days thereafter while the

investigation is ongoing, the commissioner shall provide a written update of

the investigation to

(

a) the complainant;

(

b) the law enforcement officer who is the subject

of the complaint; and

(

c) the chief.

(7) Notwithstanding

subsection (6), the commissioner is not required to provide an update where the

commissioner is of the opinion that it would unreasonably interfere with an

investigation.

(8) The commissioner shall review the report

referred to in subsection (3) and do one of the following:

(

a) dismiss the complaint;

(

b) impose one or more of the disciplinary

measures prescribed in the regulations on the law enforcement officer who is

the subject of the complaint; or

(

c) where the complaint is a complaint as to the

policies or procedures of the law enforcement agency, recommend that the chief

amend the policies or procedures.

(9) Notwithstanding

paragraph (8)(b), where the chief or another law enforcement officer who was

appointed by the Lieutenant-Governor in Council is the subject of the complaint

and the commissioner is of the opinion that the disciplinary measure to be

imposed is dismissal, the commissioner shall recommend to the

Lieutenant-Governor in Council that the chief or law enforcement officer be

dismissed.

(10) A decision of the commissioner referred to in

subsection (8) shall

(

a) be in writing;

(

b) include reasons; and

(

c) be provided to the following persons in the time period prescribed in the regulations:

(

i) the complainant,

(ii) the law enforcement officer who is the subject

of the complaint, and

(iii) the chief.

Complaint

referred to chief

(1) Where

a complaint is referred to the chief for investigation under subsection 9(3),

the chief shall

(

a) provide written notice to the law enforcement

officer who is the subject of the complaint in the time

period prescribed in the regulations; and

(

b) appoint a law enforcement officer to

investigate the complaint.

(2) Notice under paragraph (1)(

a) shall include

the following information:

(

a) a brief description of the nature of the complaint;

(

b) the name of the complainant; and

(

c) the name of the law enforcement officer

investigating the complaint.

(3) A law enforcement officer appointed under

paragraph (1)(

b) shall

(

a) investigate the complaint; and

(

b) prepare a written report outlining the law

enforcement officer's findings; and

(

c) submit the report to the chief.

(4) The report referred to in subsection (3) shall

be submitted to the chief as soon as practicable but not later than 6 months

after the date the chief received the complaint from the commissioner.

(5) Notwithstanding subsection (4), where the chief

determines it necessary, the chief may, with the prior approval of the commissioner,

extend the time period under subsection (4) for a

period not exceeding 6 months.

(6) Not later than 45

days after an investigation is started, and every 45 days thereafter while the

investigation is ongoing, the chief shall provide a written update of the

investigation to

(

a) the law enforcement officer who is the subject

of the complaint; and

(

b) the commissioner.

(7) Notwithstanding

subsection (6), the chief is not required to provide an update where the chief

is of the opinion that it would unreasonably interfere with an investigation.

(8) The chief shall review the report referred to

in subsection (3) and do one of the following:

(

a) dismiss the complaint;

(

b) impose one or more of the disciplinary

measures prescribed in the regulations on the law enforcement officer who is

the subject of the complaint; or

(

c) where the complaint is a complaint as to the

policies or procedures of the law enforcement agency, amend the policies or

procedures.

(9) A decision of the chief referred to in

subsection (8) shall

(

a) be in writing;

(

b) include reasons; and

(

c) be provided to the law enforcement officer who

is the subject of the complaint in the time period

prescribed in the regulations.

Determination of

public interest

15. For the purposes of determining public interest

under this Act, the factors prescribed in the regulations shall be considered.

Suspension of law

enforcement officer

(1) Where

the chief considers it necessary, the chief may suspend a law enforcement

officer who is the subject of a complaint on the terms prescribed in the

regulations.

(2) Where the commissioner considers it necessary,

the commissioner may direct the chief to suspend a law enforcement officer who

is the subject of the complaint on the terms prescribed in the regulations.

Withdrawal of

complaint

(1) A complainant may withdraw a complaint by providing written notice

to the commissioner in the form and manner set by the commissioner.

(2) Where a complaint is

withdrawn before the conclusion of an investigation into it, the commissioner shall

cease to deal with the complaint, including discontinuing the investigation

into the complaint.

(3) Notwithstanding s ubsection

(2), the commissioner may continue to deal with a complaint or continue its

investigation despite its withdrawal where, in the commissioner's opinion, it

is in the public interest to do so.

(4) Where

a complaint has been referred to the chief and is withdrawn before the

conclusion of an investigation into it, the chief may continue to deal with the

complaint or continue with the investigation despite its withdrawal.

(5) Where

a complaint is withdrawn after the conclusion of an

investigation into it, this Act continues to apply despite the withdrawal, and,

where the commissioner or chief, as applicable, determines that the conduct of

the law enforcement officer who was the subject of the complaint constitutes

misconduct, the commissioner or chief, as applicable, may impose disciplinary

measures on the law enforcement officer.

(6) The commissioner

shall give notice of the withdrawal of a complaint under subsection (1) and, where

applicable, notice of a decision to continue to deal with or investigate the

complaint despite its withdrawal, with reasons, to

(

a) the complainant;

(

b) t he law enforcement

officer who is the subject of the complaint; and

(

c) the chief.

(7) The chief shall give notice of a decision to

continue to deal with or investigate a complaint despite its withdrawal, with

reasons, to

(

a) the complainant; and

(

b) the law enforcement officer who is the subject

of the complaint.

(8) The commissioner

or the chief is not required to give notice under subsection (6) or (7), as

applicable, of a decision to continue to deal with or investigate a withdrawn

complaint to the law enforcement officer who is the subject of the complaint where,

in the commissioner's or chiefs opinion, doing so may prejudice the

investigation.

(9) A complainant who

withdraws a complaint is not entitled to any further notice or other

communication respecting the withdrawn complaint, other than notice under

subsection (6) or (7).

PART III

INVESTIGATION IN ABSENCE OF COMPLAINT

Investigation in

absence of complaint

(1) The

commissioner may, in the absence of a complaint, cause an investigation into

the misconduct of a law enforcement officer or the operational policies or

procedures of the law enforcement agency where

(

a) the misconduct or an issue with a policy or

procedure comes to the attention of the commissioner; and

(

b) the commissioner is of the opinion that it is of

public interest to investigate the misconduct or policy or procedure.

(2) An investigation under this

section shall be

conducted in accordance with

section 13.

(3) Where the commissioner has commenced an

investigation under subsection (1) and subsequent to

the commencement of the investigation a complaint is filed under

section 7, the

commissioner shall continue with the investigation under this

section and a new

investigation is not required in relation to the complaint filed under

section

PART IV

INVESTIGATIONS

Power of

investigation

(1) For the purpose of an

investigation under this Act, the commissioner, an investigator, the chief or a

law enforcement officer appointed by the chief may, where t he commissioner, investigator, chief or law enforcement

officer has reasonable grounds to believe that it is necessary to do so, and,

after informing the chief, enter, without a warrant, premises or property owned

or occupied by the law enforcement agency and examine the books of account,

records, documents, work, material and other things related to the

investigation and the persons in those premises shall

(

a) answer all questions concerning those matters put to them;

and

(

b) prod uce for inspection books of account, records, documents,

work, material and other things related to that investigation.

(2) Where the

commissioner, an investigator, the chief or a law enforcement officer appointed

by the chief believes on reasonable grounds that there is in a place anything

that there are reasonable grounds to believe will provide evidence with respect

to a complaint, the commissioner, investigator, chief or law enforcement

officer may, with a warrant issued under subsection (3), at a reasonable time

enter a building or a place and may investigate, inquire into, examine and copy

books of account, records, documents, work, material and other things relating

to that investigation.

(3) Where a Provincial

Court judge is satisfied by information upon oath or affirmation that there are

reasonable grounds for believing that there is in a building or a place

anything that there are reasonable grounds to believe will provide evidence

with respect to a complaint, the Provincial Court judge may issue a warrant

authorizing the commissioner, an investigator, the chief or a law enforcement

officer appointed by the chief to enter and search that building or place and

to make those inquiries and copies of books of account, records, documents,

work, material and other things that are necessary, subject to those conditions

that may be specified in the warrant.

(4) The owner or person

in charge of the building or place referred to in this

section and persons

found there shall give the commissioner, an investigator, the chief or a law

enforcement officer appointed by the chief named in the warrant reasonable help

to enable that person to carry out the duties and functions under this

section

and shall provide the information the commissioner, investigator, chief or law

enforcement officer may reasonably require.

(5) A person shall not

conceal or destroy documents or things relating to an investigation by the

commissioner, an investigator, the chief or a law enforcement officer appointed

by the chief under this Act.

Telewarrant

(1) Where, in the opinion of the commissioner, an investigator,

the chief or a law enforcement officer appointed by the chief, it would not be

practical to appear before a Provincial Court judge to apply for a warrant, the

commissioner, investigator, chief or a law enforcement officer may make the

application by telephone or other means of telecommunication.

(2) Where the

commissioner, an investigator, the chief or a law enforcement officer appointed

by the chief acts under the authority of a warrant obtained under this section,

the commissioner, investigator, chief or law enforcement officer shall provide

a facsimile of the warrant to the owner or person in charge of a premises

present at the time the warrant is carried out.

(3) In subsection (2),

"facsimile" includes a record produced by electronic means or a

written record of a telephone conversation made by both parties to the

conversation while it is in progress and which the parties have confirmed as to

its accuracy by reading their record of the conversation to one another at the

end of the conversation.

Notice to

director of Serious Incident Response Team

(1) Where , on reviewing a complaint or at any time during an

investigation under this Act, the commissioner determines that the subject

matter of the complaint may constitute a matter that may be investigated by the

Serious Incident Response Team director, the commissioner shall notify the

Serious Incident Response Team director.

(2) Where a complaint has been referred to the

chief and the chief determines that the subject matter of an investigation

conducted by the chief may constitute a matter that may be investigated by the

Serious Incident Response Team director, the chief shall immediately notify the

commissioner and the Serious Incident Response Team director.

(3) Where the Serious Incident Response Team director is notified under

subsection (1) or (2) or the commissioner otherwise becomes aware that the

subject matter of a complaint is the subject of an investigation by the Serious

Incident Response Team director, the commissioner shall consult with the

Serious Incident Response Team director and may suspend an investigation under

this Act until the occurrence of one of the following:

(

a) a determination by the Serious Incident Response Team

director that the Serious Incident Response Team director is not investigating

the matter;

(

b) where the matter is investigated by the Serious Incident

Response Team director and does not result in the laying of charges against the

law enforcement officer who is the subject of a complaint under this Act, the

conclusion of the Serious Incident Response Team director's investigation; or

(

c) where

charges are laid against the law enforcement officer who

is the subject of a complaint under this Act because of an investigation by the

Serious Incident Response Team director into the matter, the final disposition

of the charges.

(4) W here an

investigation is suspended under subsection (3), written notice of that

suspension shall be given to the complainant and the law enforcement officer

who is the subject of the complaint together with the reason for that

suspension.

Criminal

investigation

22. (1 ) Where the commissioner becomes aware that a

criminal investigation is being conducted or a prosecution is commenced under

an Act of the Parliament of Canada or another Act relating to the subject

matter of a complaint, the commissioner shall consult with the Chief of the

Royal Newfoundland Constabulary or the Assistant Commissioner of the Royal

Canadian Mounted Police, as applicable, and may suspend an investigation under

this Act pending a decision relating to that investigation or prosecution.

(2) W here an

investigation is suspended under subsection (1), written notice of that

suspension shall be given to the complainant and the law enforcement officer

who is the subject of the complaint together with the reason for that

suspension.

PART V

RECONSIDERATION AND APPEAL

Reconsideration

(1) A

law enforcement officer may, within 7 days of receiving a decision under

section 13 or 14, request a reconsideration of the decision.

(2) A request under subsection (1) shall

(

a) be submitted, in writing, to the

(

i) commissioner,

where the commissioner made the decision, or

(ii) chief, where the chief made the decision; and

(

b) include reasons for the request for

reconsideration.

(3) The commissioner or the chief, as applicable,

shall

(

a) review the request; and

(

b) allow the law enforcement officer to provide

oral or written submissions.

(4) A reconsideration by the commissioner or the

chief, as applicable, under subsection (3) shall be completed not later than 15

days of receipt of the request for reconsideration.

(5) The commissioner may vary, revoke or confirm

the commissioner's decision under subsection 13(8) or the chief may vary,

revoke or confirm the chief's decision under subsection 14(8).

(6) A decision referred to in subsection (5)

shall

(

a) be in writing;

(

b) include reasons; and

(

c) be provided to the following persons in the time period prescribed in the regulations:

(

i) the law

enforcement officer who is the subject of the complaint,

(ii) where the decision being reconsidered is a

decision of the commissioner, the complainant, and

(iii) where the decision being reconsidered is a

decision of the commissioner, the chief.

(7) Notwithstanding subsection (1), where a

decision under

section 14 results in only minor disciplinary measures being

imposed on the law enforcement officer, subsection (1) shall not apply and the law enforcement officer may appeal the

decision in accordance with the discipline procedures of the collective

agreement governing the law enforcement officer.

Appeal

(1) A

law enforcement officer may submit an appeal of a decision referred to in subsection

23(5) to the commissioner, where the commissioner made the decision, or to the

chief, where the chief made the decision.

(2) An appeal made under

this

section shall be submitted to the commissioner or the chief, as

applicable, not later than 15 days of the law enforcement officer's

receipt of the decision of the commissioner or chief, as applicable.

(3) A request for appeal

under this

section shall

(

a) be in writing;

(

b) include a

summary of

the decision being appealed; and

(

c) include the reasons for the appeal.

Appeal panel

(1) An appeal referred to in

section 24 shall be heard by an appeal panel.

(2) An appeal panel relating to an appeal of a

decision of the commissioner shall consist of

(

a) one person appointed by the commissioner;

(

b) one law enforcement officer appointed by the

association; and

(

c) one person, who may or may not be a law

enforcement officer, appointed by the persons appointed under paragraphs (

a) and (b).

(3) An appeal panel relating to an appeal of a

decision of the chief shall consist of

(

a) one law enforcement officer appointed by the chief;

(

b) one law enforcement officer appointed by the

association; and

(

c) one person, who may or may not be a law

enforcement officer, appointed by the law enforcement officers appointed under

paragraphs (

a) and (b).

(4) Notwithstanding

subsections (2) and (3), where the law enforcement officer appealing the

decision is not a member of the association, the appeal panel shall consist of

the following persons, who may or may not be law enforcement officers:

(

a) one person appointed by the commissioner,

where the appeal relates to a decision of the commissioner, or one person

appointed by the chief, where the decision relates to a decision of the chief;

(

b) one person appointed by the law enforcement

officer appealing the decision; and

(

c) one person appointed by the persons appointed

under paragraphs (

a) and (b).

(5) Where a person

appointed under paragraph (4)(

b) is a law enforcement officer, the law

enforcement officer appointed shall not be subordinate to the law enforcement

officer appealing the decision.

(6) The chairperson of an appeal panel shall be

the person appointed under paragraph (2)(c), (3)(

c) or (4)(c), as applicable.

(7) Where the persons

appointed under paragraphs (2)(

a) and (b), the law enforcement officers

appointed under paragraphs (3)(

a) or (

b) or the persons appointed under

paragraphs (4)(

a) or (

b) fail to agree on the person to be appointed under

paragraph (2)(c), 3(

c) or 4(

c) within 7 days of being appointed, the minister

responsible for the Labour Relations Act shall appoint a

person other than a law enforcement officer to act as chairperson.

(8) The members of an

appeal panel shall have all the powers that are or may be conferred on a

commissioner by or under the Public Inquiries Act, 2006 .

Hearings

(1) An

appeal panel shall conduct a hearing of an appeal in the time

period prescribed in the regulations.

(2) A hearing in relation to an appeal of a

decision of the commissioner shall be open to the public.

(3) A hearing in relation to an appeal of a

decision of the chief shall not be open to the public.

(4) A hearing under this

section shall be

conducted in accordance with the regulations.

Decision of

appeal panel

(1) A

majority decision of the appeal panel is the decision of the appeal panel and

is binding upon it.

(2) An appeal panel may confirm, vary or revoke

the decision of the commissioner or chief, as applicable.

(3) A decision of an appeal panel shall

(

a) be in writing;

(

b) include reasons; and

(

c) be provided to the following persons in the time period prescribed in the regulations:

(

i) the commissioner,

(ii) the chief,

(iii) the law enforcement officer who was the

subject of the complaint, and

(iv) where the decision being appealed is a

decision of the commissioner, the complainant.

PART VI

GENERAL

Delegation

28. The

commissioner may delegate a power or duty of the commissioner under this Act to

an employee of the commission and the chief may delegate a power or duty of the

chief under this Act to an employee of the law enforcement agency.

Notice

(1) Notwithstanding

paragraphs 13(1)(

a) and 14(1)(

a) and subsections 21(4) and 22(2), where the

commissioner or chief, as applicable, is of the opinion that providing notice

to the law enforcement officer who is the subject of

the complaint may prejudice the investigation, notice is not required to be

given to the law enforcement officer.

(2) Where the commissioner or chief, as applicable,

is required to give notice to a law enforcement

officer under this Act and notice was attempted but not affected, notice may be

given to a member of the executive of the association and that notice is considered to be notice to the law enforcement officer.

Publication of

summary

(1) The commissioner shall publish a de-identified

summary

of each decision made by the commissioner under this Act on the commission's

website.

(2) A

summary referred to in subsection (1) shall contain the information prescribed

in the regulations.

Annual report

(1) The commissioner shall, as the commissioner considers

necessary but at least annually, report to the minister on the work of the

commission under this Act.

(2) The annual report of

the commissioner shall be submitted not later than January 31 following the end

of the fiscal year to which the report relates.

(3) The minister shall table the annual report in

the House of Assembly within 15 days after the minister receives it or, if the

House of Assembly is not sitting, within 14 days of the commencement of the

next sitting.

Employment record

32. A reference to a complaint under this Act shall not be made

in a law enforcement officer's employment record and the matter shall not be

considered for a purpose related to that law enforcement officer's employment unless

disciplinary measures are imposed on the law enforcement officer as a result of

the complaint and the decision of the chief or commissioner regarding the

disciplinary measures is not appealed or is upheld on appeal.

Regulations

33. The

minister may make regulations

(

a) prescribing minor disciplinary measures;

(

b) prescribing the factors to be considered for

the purposes of

section 15;

(

c) prescribing time periods for the purposes of subsection

9(4), paragraphs 13(1)(a), 13(10)(c), 14(1)(a), 14(9)(

c) and 23(6)(c),

subsection 26(1) and paragraph 27(3)(c );

(

d) prescribing disciplinary measures;

(

e) prescribing terms for the purposes of

section 16;

(

f) respecting the conduct of hearings under

section 26;

(

g) prescribing the information to be included in

a de-identified

summary referred to in

section 30;

(

h) defining a word or

expression used but not defined in this Act; and

(

i) generally, to give effect to the purpose of this Act.

Fees and forms

(1) The commissioner may establish forms for the purpose

and administration of this Act and the regulations.

(2) The minister may set

fees for the purpose and administration of this Act and the regulations.

PART VII

TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional

(1) Where a complaint proceeding was started under

Part III of the Royal

Newfoundland Constabulary Act, 1992 but not concluded before the coming

into force of this Act, the complaint proceeding shall be concluded under

Part

III of the Royal Newfoundland Constabulary Act, 1992 as if that Part

were still in force.

(2) Where a complaint is filed under this Act but

the misconduct that is the subject of the complaint occurred before the coming

into force of this Act, the complaint is considered to have been filed under

Part III of the Royal Newfoundland Constabulary Act, 1992 and dealt with

under

Part III of the Royal Newfoundland Constabulary Act, 1992 as if that

Part were still in force.

(3) The commissioner appointed under subsection

18(1) of the Royal Newfoundland Constabulary Act, 1992 shall be

considered to have been appointed under subsection 4(1) of this Act immediately

on the coming into force of this Act and shall continue to be the commissioner

until reappointed or replaced.

SNL2016 cI-2.1 Amdt .

36. The

Schedule to the Independent Appointments

Commission Act is amended by adding immediately after the statutory

appointment reference " Labour Relations Act,

section 6" the

following statutory reference " Law Enforcement Oversight Commission Act ,

subsection 4(1)".

RSNL1990 cP-43 Amdt .

Schedule C of the Public Service Commission Act is

amended by deleting the statutory appointment reference " Royal

Newfoundland Constabulary Act, 1992 , subsection 29(1)".

SNL1992 cR-17 Amdt .

(1) Paragraph

2(

a) of the Royal Newfoundland Constabulary Act, 1992 is repealed.

(2) Paragraph 2(

f) of the Act is repealed.

(3) Paragraph 2(

i) of

the Act is repealed.

(4) Subsection 12(2) of the Act is repealed and

the following substituted:

(2) For the purpose of

subsection (1), the expression "payments" includes payments provided

for by an agreement made under

section 46 and a decision or award of a board of

arbitrators under

section 47.

(5) Part III of the Act is repealed.

(6) Paragraph 57(

o) of the Act is repealed and the

following substituted:

(

o) governing the

conduct and duties of law enforcement officers;

SNL2017 cS-13.003

Amdt .

39. Paragraph

12(

g) of the Serious Incident Response Team Act is repealed and the

following substituted:

(

g) refer the matter to

the Law Enforcement Oversight Commission under

section 7 of the Law

Enforcement Oversight Commission Act ;

Commencement

40. This

Act comes into force on a day to be proclaimed by the Lieutenant-Governor in

Council.

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