Bill 233 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 233 An Act To Amend the Police Act, 1973 (Legislature 19, Session 3)

L19 S3 3998

Alberta — Bills

1981 BILL 233 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 233

AN ACT TO AMEND THE POLICE ACT, 1973 MR. COOK First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 233,

An Act to Amend the Police Act, 1973

Bill 233 Mr. Cook BILL 233 1981

AN ACT TO AMEND THE POLICE ACT, 1973 (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Leg islative Assembly of Alberta, enacts as follows: 1 The Police Act, 1973 is amended by this Act. 2

Section 1 is amended (

a) by repealing clause (

b) and substituting (b) “Commission” means the Alberta Police Commission; and (

b) by repealing clause (

d) and substituting (d) “Director’’ means the Director of the Alberta Provincial Police. 3 Sections 2 and 3 are repealed and the following is substituted: 2(1) For the preservation of peace, order and public safety, the enforcement of law and the prevention of crime, the Lieutenant Governor in Council may establish a police force to be known as the “Alberta Provincial Police” which shall be under the control of the Solicitor General.

(2) The Lieutenant Governor in Council may appoint a Director who shall be responsible to the Solicitor General for the general control and administration of the Alberta Provincial Police and the employees connected therewith. 3(1) Every member of the Alberta Provincial Police has the power and it shall be his duty to (

a) perform all duties that are assigned to police officers in 1

Explanatory Notes 1 This Bill will amend

chapter 44, Statutes of Alberta, 1973. 2

Section 1(

b) and (

d) presently read: (b) “commission” means a municipal police commission; (d) “Director” means the Director of Law Enforcement; 3 Sections 2 and 3 presently read: 2 The Lieutenant Governor in Council may, from time to time, au thorize the Solicitor General on behalf of the Government of Alberta to enter into an agreement with the Government of Canada for the use or employment in all or any portion of Alberta of the Royal Canadian Mounted Police in aiding in the administration of justice and in carrying into effect the laws of Alberta. 3 Where an agreement is in force under

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

relation to (

i) the preservation of peace, (ii) the prevention of crime and of offences against the laws in force in Alberta, and (iii) the apprehension of criminals and offenders and others who may lawfully be taken into custody, (

b) execute all warrants and perform all duties and services thereunder or in relation thereto that under the laws in force in Alberta may lawfully be executed and performed by con stables, and (

c) perform all duties that may lawfully be performed by constables in relation to escort and conveyance of convicts and other persons, and mentally disordered persons to or from any courts, places of punishment or confinement, hospitals or other places.

(2) The Lieutenant Governor in Council may except any Act or portion of

an Act from among the laws to be enforced by the force. 4

Section 17 is amended by striking out “In accordance with The Public Service Act there may be appointed a Director of Law En forcement who shall promote the prevention of crime and the effi ciency of the police service of Alberta and for this purpose the Director of Law Enforcement may” and substituting “The Director shall promote the prevention of crime and the efficiency of the police service in Alberta and for this purpose the Director may”. 5

Section 29 is amended by striking out “Royal Canadian Mounted Police” and substituting “Alberta Provincial Police”. 6

Section 33 is amended by striking out “Commanding Officer in Alberta of the Royal Canadian Mounted Police” wherever it occurs and substituting “Director”. 7

Section 36 is amended by repealing subsection (1) and substi tuting 36(1) Any urban municipality having a population of not less than 1500 may enter into an agreement with the Solicitor General for the use or employment of the Alberta Provincial Police to aid in the administration of justice and in carrying into effect the laws of the urban municipality and may, in any such arrangement, agree upon and determine the amount of money to be paid by the urban municipality for such services. 2

4 Assigns to Director of Alberta Provincial Police certain duties previously fulfilled by the Director of Law Enforcement. 5 Consequential. 6 Consequential. 7 Consequential. 2

Section 37 is repealed and the following is substituted: 37 Where, pursuant to

section 36, an agreement exists between an urban municipality and the Solicitor General and where the urban municipality has a Commission as provided for in

section 23, the provisions of sections 25 to 32 do not apply but the Commission shall act in an advisory capacity to the senior mem ber of the Alberta Provincial Police located in the urban munic ipality, to the Solicitor General and to the council of the urban municipality with respect to the policing of the urban munici pality. 9

Section 42(4) is amended by striking out “Royal Canadian Mounted Police” and substituting “Alberta Provincial Police” 10 The following is added after

section 44: 44.1(1) The Solicitor General may make regulations providing for the transfer of responsibilities from the Royal Canadian Mounted Police to the Alberta Provincial Police over a period of time.

(2) The Minister may conclude a contract with the Royal Ca nadian Mounted Police providing for policing services during the period of transfer to the Alberta Provincial Police. 11 The funds required for the purposes of this Act shall be provided by a separate appropriation by the Legislature. 12 This Act comes into force on a date or dates to be fixed by Proclamation, not to be earlier than the effective date of the appro priation referred to in

section 11. 3

8 Consequential. 9 Consequential. 10 Transitional. 11 Funding. 12 Coming into force. 3 Title: 1981 (19th, 3rd) Bill 233,

An Act to Amend the Police Act, 1973

Document details

Collection	Alberta — Bills
Citation	L19 S3 3998
Type	bill
Volume / chapter	L19 S3 3998
Language	en
Format	json
Source	PROVINCIAL
Identifier	6fd29fb9432e3d9f379950c2f006bc3f1c2c2c35

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