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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 16th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND

MINISTER RESPONSIBLE FOR

MULTICULTURALISM,

HUMAN RIGHTS AND

IMMIGRATION

BILL 16 – 1997

POLICE AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended

(

a) by repealing the definition of "board" and substituting the following:

"board" means,

(

a) in relation to a municipal police department, a municipal police board,

(

b) in relation to a designated policing unit, the designated board established for

that designated policing unit, and

(

c) in relation to a designated law enforcement unit, the designated board

established for that designated law enforcement unit; ,

(

b) in the definition of "chief constable" by striking out "municipal police force" and

substituting "municipal police department" ,

(

c) by repealing the definition of "commission" ,

(

d) by adding the following

definitions:

"chief officer" means a chief officer appointed under

section 4.2 (2) (c) (iv) (

A) or 18.2 (d) (iii) (A);

"designated board" means a board established under

section 4.1 (7) or 18.1 (7);

"designated constable" means a constable appointed under

section 4.1 (11);

"designated law enforcement unit" means a designated law enforcement unit

established under

section 18.1 (7);

"designated policing unit" means a designated policing unit established under

section 4.1 (7);

"director" means the Director of Police Services, Ministry of Attorney General;

"entity" means any of the following:

(

a) a municipality;

(

b) a regional district;

(

c) a government corporation;

(

d) any other prescribed entity;

"government corporation" means government corporation

as defined in the Financial Administration Act ;

"municipal police board" means a municipal police board established under

section 23;

"officer" , except in

section 47 (2), means a person appointed under this Act as a

provincial constable, special provincial constable, designated constable,

municipal constable, special municipal constable, auxiliary constable or

enforcement officer, but does not include a person who is a member of the Royal

Canadian Mounted Police;

"police complaint commissioner" means the police complaint commissioner

appointed under

section 47 (1) or 49 (1); ,

(

e) in the definition of "enforcement officer" by striking out "appointed under

section 37;" and substituting "appointed under

section 18.1 (11);" , and

(

f) by repealing the definition of "municipal police force" and substituting the

following:

"municipal police department" means a municipal police department established

under

section 26; .

2 The following

section is added to

Part 1:

Police forces in British Columbia

1.1 The following are police forces in British Columbia:

(

a) the provincial police force;

(

b) a municipal police department;

(

c) if prescribed by the minister as a police force, a designated policing unit.

3 Sections 2 to 4, 15 (1) (a), 16, 17 (3), 18 (3) and (4), 26 (1) and 27 (1) are amended by

adding "and law enforcement" after "policing" wherever it appears.

4 Sections 3 (1) (

c) and (2) (

a) and (c), 10 (2), 18 (3) (a),

26 (1) to (4), 34 (1) and (2), 35 (2) and 38 (4) are amended by striking out

"municipal police force" wherever it appears and substituting "municipal

police department" .

5 The following sections are added:

Designated policing

4.1

(1) In this

section and

section 4.2:

"designated policing" means policing and law enforcement provided in place of or

supplemental to the policing and law enforcement otherwise provided by the

provincial police force or a municipal police department;

"entity" does not include a municipality with a population of more than 5 000

persons.

(2) Subject to this

section and despite

section 3, on application by an entity, the

minister may establish, on behalf of the entity, a designated policing unit to

provide designated policing.

(3) Subject to subsection (4), an application under subsection (2) must include the

following:

(

a) a description of all policing and law enforcement services to be provided by

the designated policing unit on behalf of the entity, including a description

of the geographical area within which the services are to be provided;

(

b) a description of the qualifications required of the designated constables of

the designated policing unit;

(

c) a description of the governance of the designated policing unit, including

(

i) the identification or proposed establishment of a board whose

function it will be to govern, administer and operate the designated

policing unit, and

(ii) the proposed membership of the board referred to in

subparagraph (i);

(

d) an explanation as to how the designated policing is to be coordinated with

the policing and law enforcement otherwise provided by the provincial

police force or municipal police department, as the case may be, in the

geographical area within which the designated policing is to be provided;

(

e) a written statement endorsing the application, from each of the following

persons:

(

i) the chief constable of each municipal police department in the

geographical area within which the designated policing is to be

provided;

(ii) the commissioner, if the designated policing is to be provided in a

geographical area within which the provincial police force regularly

provides policing and law enforcement;

(

f) any other information the minister may require.

(4) If the application referred to in subsection (3) is made by an entity that employs

special provincial constables, the minister may waive, at the minister's discretion,

one or more of the application requirements under subsection (3) (

a) to (e).

(5) The minister may approve an entity's application on any terms the minister may

require.

(6) If the minister and the entity agree on the terms referred to in subsection (5), the

minister must forward the application to the Lieutenant Governor in Council for

approval.

(7) If the Lieutenant Governor in Council approves the application, the minister must

establish, on behalf of the entity and in accordance with the terms of the application,

(

a) a designated policing unit, and

(

b) a designated board.

(8) The designated board referred to in subsection (7) may consist of one or more

persons appointed under subsection (9).

(9) After consulting with the entity, the minister may appoint those persons the

minister considers suitable as members of the board, and the minister must

appoint one of the members as chair.

(10) The designated policing unit established under subsection (7) may consist of one

or more designated constables appointed under subsection (11).

(11) Subject to the approval of the minister, the designated board may appoint persons

considered suitable as designated constables to perform designated policing.

(12) A person appointed under subsection (11) is

(

a) appointed for the term specified in the appointment, and

(

b) subject to the terms of employment determined by the entity.

(13) Subject to the restrictions specified in the appointment and to the regulations, a

person appointed under subsection (11) has the powers, duties and immunities of

a provincial constable.

(14) Costs incurred by the government in establishing a designated policing unit and

its board on behalf of an entity are a debt due to and recoverable by the

government.

Regulations respecting a designated policing unit

4.2

(1) In this section, "local government" means the council of a municipality, the

board of a regional district or the council of a band under the Indian Act (Canada).

(2) The minister may make regulations respecting a designated policing unit and its

board under

section 4.1, including, without limitation, the following:

(

a) prescribing the geographical area within which the designated policing unit

and its designated constables must operate;

(

b) prescribing the practices, procedures and quorum of the board;

(

c) prescribing the powers, duties and functions of the board, including,

(

i) a duty to

(

A) enforce, within the geographical area prescribed by the

minister, the bylaws of the local government of the area, the

criminal law and the laws of British Columbia,

(

B) generally maintain law and order in the area, and

(

C) prevent crime,

(ii) a duty to determine in consultation with the minister and the chief

officer, if any, the priorities, goals and objectives of the designated

policing unit,

(iii) a duty to report to the minister on

(

A) the activities of the designated policing unit, and

(

B) the implementation of programs and strategies to achieve the

priorities, goals and objectives referred to in subparagraph (ii),

(iv) a power to appoint on behalf of the entity, subject to the minister's

approval,

(

A) a chief officer who has, under the direction of the board, general

supervision and command over the designated constables of the

designated policing unit,

(

B) a deputy chief officer, and

(

C) those designated constables the board considers necessary, and

(

v) a duty to make rules consistent with this Act and the regulations

respecting the following:

(

A) the standards, guidelines and policies for the administration of

the designated policing unit;

(

B) the prevention of neglect and abuse by the designated

constables;

(

C) the efficient discharge of duties and functions by the designated

policing unit and the designated constables;

(

d) prescribing the powers, duties and functions of a person appointed under

paragraph (c) (iv) (

A) or (B);

(

e) prescribing the conditions of and the qualifications for appointments under

paragraph (c) (iv);

(

f) prescribing the standards for training, or for retraining, that a designated

constable of the designated policing unit must meet;

(

g) prescribing the restrictions, including geographical restrictions, on the

powers, duties and functions of a designated constable of the designated

policing unit;

(

h) respecting accommodation, equipment and supplies for

(

i) the operations of and use by the designated policing unit, and

(ii) the detention of persons required to be held in police custody;

(

i) respecting any other matter the minister considers necessary and advisable

concerning the designated policing unit and its board.

Section 6 is amended by striking out "a special provincial constable" and substituting "a

special provincial constable, a designated constable" .

Section 9 (3) is amended by striking out "Subject to the restrictions the minister specifies

in the appointment," and substituting "Subject to the restrictions specified in the appointment and the regulations," .

Section 10 is amended

(

a) in subsection (1) by striking out "Subject to the regulations, a provincial constable, an

auxiliary constable" and substituting "Subject to the restrictions specified in the

appointment and the regulations, a provincial constable, an auxiliary constable, a

designated constable" , and

(

b) in subsection (2) by striking out "provincial constable, auxiliary constable" and

substituting "provincial constable, auxiliary constable, designated constable" .

9 The following

section is added:

Standards of training

10.1 An officer must meet the standards for training, or for retraining, that are prescribed

by the minister for that class of officer.

Section 11 is repealed and the following substituted:

Ministerial liability

(1) The minister, on behalf of the government, is jointly and severally liable for torts

committed by

(

a) provincial constables, auxiliary constables, special provincial constables

and enforcement officers appointed on behalf of a ministry, if the tort is

committed in the performance of their duties, and

(

b) municipal constables and special municipal constables in the performance

of their duties when acting in other than the municipality where they

normally perform their duties.

(2) Even though a person referred to in subsection (1) (

a) or (

b) is not found liable

for a tort allegedly committed by the person in the performance of his or her

duties, the minister may pay an amount the minister considers necessary to

(

a) settle a claim against the person for a tort allegedly committed by the person

in the performance of his or her duties, or

(

b) reimburse the person for reasonable costs incurred by the person in

defending a claim against the person for a tort allegedly committed in the

performance of his or her duties.

(3) The Minister of Finance and Corporate Relations must pay out of the consolidated revenue fund, on the requisition of the minister, money required for the

purposes of subsection (2).

Part 4 is amended by repealing the heading to that Part and substituting:

Municipalities and Entities .

Section 15 (1) (

a) and (

b) is amended by adding "or police department" after "police

force" .

Section 15 (1) (b) (ii) is amended by striking out "required to be held in custody." and

substituting "required to be held in police custody other than on behalf of the government."

Section 15 (2) is amended by adding "or law enforcement" after "policing" wherever it

appears.

15 Sections 17 (1) and (2), 27 (3) and 29 (2) (

a) are amended by striking out "the commission" wherever it appears and substituting "the director" .

16 The following

section is added:

Failure of entities to comply

17.1

(1) If the director considers that a designated policing unit, its board or its designated

constables, or a designated law enforcement unit, its board or its enforcement

officers, are not complying with the Act or the regulations, the director must send

a notice to the board that

(

a) identifies the non-compliance,

(

b) identifies the entity on behalf of which the designated policing unit or

designated law enforcement unit was established,

(

c) directs the entity to correct the failure to comply, and

(

d) specifies the manner in which and the time within which the failure is to be

corrected.

(2) On being notified by the director that a notice sent under subsection (1) has not

been complied with, the minister may, on terms the minister considers appropriate, do one or more of the following:

(

a) appoint one or more officers as necessary to provide the policing or law

enforcement in place of the designated policing unit's designated constables

or the designated law enforcement unit's enforcement officers, as the case

may be;

(

b) use the provincial police force to provide the necessary policing or law

enforcement in place of the designated policing unit's designated constables

or the designated law enforcement unit's enforcement officers, as the case

may be;

(

c) take other steps the minister considers necessary.

(3) The entity referred to in subsection (1) must pay all costs of policing and law

enforcement incurred under subsection (2).

(4) Costs incurred by the government under subsection (2) are a debt due to and

recoverable by the government from the entity referred to in subsection (1).

Section 18 (1) is amended

(

a) by striking out "boards" and substituting "municipal police boards" , and

(

b) by striking out "municipal police forces" and substituting "municipal police departments" .

Section 18 (2) is amended by striking out "police forces." and substituting "police departments."

19 The following sections are added:

Enforcement officers for enactments

18.1

(1) In this

section and

section 18.2, "designated law enforcement" means supplemental law enforcement provided to enforce all or any part of one or more

enactments of British Columbia or Canada.

(2) Subject to this section, on application by an entity, the minister may establish, on

behalf of the entity, a designated law enforcement unit to provide designated law

enforcement.

(3) Subject to subsection (4), an application under subsection (2) must include the

following:

(

a) a description of all law enforcement services to be provided by the

designated law enforcement unit, including a list of each enactment of

British Columbia or Canada and each part of an enactment of British

Columbia or Canada that is to be enforced by enforcement officers of the

designated law enforcement unit, and a description of the geographical area

within which the law enforcement services are to be provided;

(

b) a description of the qualifications required of the enforcement officers of the

designated law enforcement unit;

(

c) a description of the governance of the designated law enforcement unit,

including

(

i) the identification or proposed establishment of a board whose

function it will be to govern, administer and operate the designated

law enforcement unit, and

(ii) the proposed membership of the board referred to in

subparagraph (i);

(

d) an explanation as to how the services referred to in paragraph (

a) are to be

coordinated with the policing and law enforcement otherwise provided in

the geographical area within which the enforcement officers are to exercise

their jurisdiction;

(

e) a written statement endorsing the application, from each of the following

persons:

(

i) the chief constable of each municipal police department in the

geographical area within which the designated law enforcement is to

be provided;

(ii) the commissioner, if the designated law enforcement is to be

provided in a geographical area within which the provincial police

force regularly provides policing and law enforcement;

(

f) any other information the minister may require.

(4) If the application referred to in subsection (3) is made by an entity that employs

special provincial constables, the minister may waive, at the minister's discretion,

one or more of the application requirements under subsection (3) (

a) to (e).

(5) The minister may approve an entity's application on any terms the minister may

require.

(6) If the minister and the entity agree on the terms referred to in subsection (5), the

minister must forward the application to the Lieutenant Governor in Council for

approval.

(7) If the Lieutenant Governor in Council approves the application, the minister must

establish, on behalf of the entity and in accordance with the terms of the application,

(

a) a designated law enforcement unit, and

(

b) a designated board.

(8) The designated board referred to in subsection (7) may consist of one or more

persons appointed under subsection (9).

(9) After consulting with the entity, the minister may appoint those persons the

minister considers suitable as members of the board, and the minister must

appoint one of the members as chair.

(10) The designated law enforcement unit established under subsection (7) may

consist of one or more enforcement officers appointed under subsection (11).

(11) Subject to the approval of the minister, the designated board may appoint one or

more of the entity's employees as enforcement officers to enforce those

enactments, or parts of enactments, of British Columbia or Canada that the

minister prescribes as the enactments to be enforced by the designated law

enforcement unit.

(12) A person appointed under subsection (11) is

(

a) appointed for the term specified in the appointment, and

(

b) subject to the terms of employment determined by the entity.

(13) Subject to the restrictions specified in the appointment and to the regulations, a

person appointed under subsection (11) is authorized to exercise the powers and

perform the duties, and has the immunities, of a constable or peace officer

exclusively for the purpose of enforcing those enactments, or parts of enactments,

of British Columbia or Canada that the minister prescribes as the enactments to

be enforced by the designated law enforcement unit.

(14) If a person appointed under subsection (11) exercises jurisdiction under

subsection (13) in a municipality having a municipal police department, he or she

must, if possible, notify the municipal police department in advance, but in any

case must promptly after exercising jurisdiction notify the municipal police

department of the municipality.

(15) Costs incurred by the government in establishing a designated law enforcement

unit and its board on behalf of an entity are a debt due to and recoverable by the

government.

Regulations respecting a designated law enforcement unit

18.2 The minister may make regulations respecting a designated law enforcement unit and

its board under

section 18.1, including, without limitation, the following:

(

a) prescribing each enactment, and each part of an enactment, of British

Columbia or Canada that is to be enforced by the designated law

enforcement unit;

(

b) prescribing the geographical area within which the designated law

enforcement unit and its enforcement officers must operate;

(

c) prescribing the practices, procedures and quorum of the board;

(

d) prescribing the powers, duties and functions of the board, including,

(

i) a duty to determine in consultation with the minister and the chief

officer, if any, the priorities, goals and objectives of the designated

law enforcement unit,

(ii) a duty to report to the minister on

(

A) the activities of the designated law enforcement unit, and

(

B) the implementation of programs and strategies to achieve the

priorities, goals and objectives referred to in subparagraph (i),

(iii) a power to appoint on behalf of the entity, subject to the minister's

approval,

(

A) a chief officer who has, under the direction of the board, general

supervision and command over the enforcement officers of the

designated law enforcement unit,

(

B) a deputy chief officer, and

(

C) those enforcement officers the board considers necessary, and

(iv) a duty to make rules consistent with this Act and the regulations

respecting the following:

(

A) the standards, guidelines and policies for the administration of

the designated law enforcement unit;

(

B) the prevention of neglect and abuse by the enforcement officers;

(

C) the efficient discharge of duties and functions by the designated

law enforcement unit and the enforcement officers;

(

e) prescribing the powers, duties and functions of a person appointed under

paragraph (d) (iii) (

A) or (B);

(

f) prescribing the conditions of and the qualifications for appointments under

paragraph (d) (iii);

(

g) prescribing the standards for training, or for retraining, that an enforcement

officer of the designated law enforcement unit must meet;

(

h) prescribing the restrictions, including geographical restrictions, on the

powers, duties and functions of an enforcement officer of the designated law

enforcement unit;

(

i) respecting accommodation, equipment and supplies for

(

i) the operations of and use by the designated law enforcement unit, and

(ii) the detention of persons required to be held in police custody;

(

j) respecting any other matter the minister considers necessary and advisable

concerning the designated law enforcement unit and its board.

Section 19 is repealed and the following substituted:

Aid to spouses and children

(1) Despite any other Act, a municipal council or board of a regional district may, in

its discretion, grant pecuniary aid to the spouses or children of municipal

constables, special municipal constables, auxiliary constables, designated

constables, enforcement officers or bylaw enforcement officers killed or injured

in the performance of their duties.

(2) Despite any other Act, a government corporation or prescribed entity, on behalf

of which a designated policing unit or designated law enforcement unit is established, may, in its discretion, grant pecuniary aid to the spouses or children of any

of its designated constables or enforcement officers killed or injured in the

performance of their duties.

Section 20 is repealed and the following substituted:

Liability for torts

(1) Subject to an agreement under

section 18 (1) or 23 (2),

(

a) a municipality is jointly and severally liable for a tort that is committed by

any of its municipal constables, special municipal constables, designated

constables, enforcement officers, bylaw enforcement officers or employees

of its municipal police board, if any, if the tort is committed in the

performance of that person's duties, and

(

b) a regional district, government corporation or other prescribed entity is

jointly and severally liable for a tort that is committed by any of its

designated constables or enforcement officers, if the tort is committed in the

performance of that person's duties.

(2) If it is alleged or established that any municipal constable, special municipal

constable, designated constable, enforcement officer, bylaw enforcement officer

or employee referred to in subsection (1) has committed a tort in the performance

of his or her duties, the respective board and any members of that board are not

liable for the claim.

(3) Despite subsection (2), if it is alleged or established that any municipal constable,

special municipal constable, designated constable, enforcement officer, bylaw

enforcement officer or employee referred to in subsection (1) has committed a

tort in the performance of his or her duties, the respective municipality, regional

district, government corporation or other prescribed entity on behalf of which that

person is employed may, in the discretion of the following, pay an amount that it

considers necessary to settle the claim or a judgment against that person and may

reimburse him or her for reasonable costs incurred in opposing the claim:

(

a) in the case of a municipality, the council of the municipality;

(

b) in the case of a regional district, the board of the regional district;

(

c) in the case of a government corporation or other prescribed entity, that

entity itself.

Section 21 (4) is repealed and the following substituted:

(4) Subsection (2) does not absolve any of the following, if they would have been

liable had this

section not been in force, from vicarious liability arising out of a

tort committed by the police officer or other person referred to in that subsection:

(

a) a municipality, in the case of a tort committed by any of its municipal

constables, special municipal constables, designated constables,

enforcement officers, bylaw enforcement officers or an employee of its

municipal police board, if any;

(

b) a regional district, government corporation or prescribed entity, in the case

of a tort committed by any of its designated constables or enforcement

officers;

(

c) the minister, in a case to which

section 11 applies.

Section 22 is repealed and the following substituted:

Municipal assistance for costs of proceedings

(1) Despite

section 236 of the Municipal Act, if a municipality's municipal constable,

special municipal constable, designated constable, enforcement officer or bylaw

enforcement officer, or if an employee of a municipal police board, has been

charged with an offence against an enactment of British Columbia or Canada, or

against a municipal or regional district bylaw, in connection with the performance

of his or her duties, the council of the municipality may,

(

a) on the recommendation of its municipal police board, if the person is an

employee of the municipal police board, or

(

b) on its own initiative, in any other case,

to the extent that it considers appropriate in the circumstances, pay the costs

incurred and not recovered by him or her in the proceedings following or

otherwise connected with the charge.

(2) Despite

section 236 of the Municipal Act, if a regional district's designated

constable or enforcement officer has been charged with an offence against an

enactment of British Columbia or Canada, or against a municipal or regional

district bylaw, in connection with the performance of his or her duties, the board

of the regional district may, to the extent that it considers appropriate in the

circumstances, pay the costs incurred and not recovered by him or her in the

proceedings following or otherwise connected with the charge.

Part 5 is amended by repealing the heading to that Part and substituting:

Municipal Police Boards .

Section 23 (1) is repealed and the following substituted:

(1) Subject to the minister's approval, the council of a municipality required to

provide policing and law enforcement under

section 15 may provide policing and

law enforcement by means of a municipal police department governed by a

municipal police board consisting of

(

a) the mayor of the council,

(

b) one person appointed by the council, and

(

c) not more than 5 persons appointed, after consultation with the director, by

the Lieutenant Governor in Council.

26 Sections 23 (3), 26 (1), (2), (3) (

a) to (c), (4) and (5), 27 (1) and (3) to (6), 29 (2), 34 (1),

35 (1), (3) and (4) and 36 (1) (

a) and (b), (2) and (3) are amended by striking out "board"

wherever it appears and substituting "municipal police board" .

Section 24 is repealed and the following substituted:

Membership of municipal police boards

(1) A person who is a councillor or is ineligible to be elected as a councillor must not

be appointed to a municipal police board.

(2) A person appointed to a municipal police board under

section 23

(

a) holds office for a term, not longer than 4 years, that the Lieutenant Governor

in Council determines, and

(

b) may be reappointed, subject to subsection (3).

(3) A person is not eligible to hold office as an appointed member of a municipal

police board for a period greater than 6 consecutive years.

Section 25 is repealed and the following substituted:

Chair of municipal police board

(1) The mayor of a council referred to in

section 23 is the chair of the municipal

police board.

(2) If the mayor is absent or unable to act, the municipal police board members

present at a meeting of the municipal police board must elect from among

themselves a chair to preside at the meeting.

(3) In case of a tie vote at a meeting of a municipal police board, the chair may cast

the deciding vote.

Section 27 (3) (

b) is amended by striking out "its findings" and substituting "the director's

findings" .

Section 28 is repealed and the following substituted:

Rules

(1) A municipal police board must make rules consistent with this Act and the

regulations respecting the following:

(

a) the standards, guidelines and policies for the administration of the

municipal police department;

(

b) the prevention of neglect and abuse by its municipal constables;

(

c) the efficient discharge of duties and functions by the municipal police

department and the municipal constables.

(2) A rule under subsection (1) is enforceable against any person only after it is filed

with the director.

Section 29 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A municipal police board may study, investigate and prepare a report on matters

concerning policing, law enforcement and crime prevention in its municipality. ,

and

(

b) in subsection (2) (

b) and (

c) by striking out "a municipal constable, special municipal

constable, enforcement officer or bylaw enforcement officer," wherever it appears and

substituting "any of its municipal constables, special municipal constables or bylaw

enforcement officers," .

Section 30 is amended by striking out "detained in a place of detention." and substituting

"detained in a place of detention on behalf of the government."

Section 33 is repealed and the following substituted:

Duties of committees

33 A committee has the following duties:

(

a) to promote a good relationship among

(

i) the residents of the area of British Columbia in which the committee

has jurisdiction,

(ii) the provincial police force, and

(iii) any designated policing units or designated law enforcement units

that may be operating in that area;

(

b) to bring to the attention of the minister, the provincial police force, the

designated policing units and the designated law enforcement units, any

matters concerning the adequacy of policing and law enforcement in the

area of British Columbia in which the committee has jurisdiction, and to

make recommendations on those matters to the minister, the provincial

police force, the designated policing units and the designated law

enforcement units;

(

c) to perform other duties that the minister may specify.

Part 7 is amended by repealing the heading to that Part and substituting:

Municipal Police Department .

Section 37 is repealed.

36 Parts 8 and 9 are repealed and the following substituted:

Part 8 – Director of Police Services

Director of Police Services

(1) On behalf of the minister and subject to the direction of the minister, the director

is responsible for superintending policing and law enforcement functions in

British Columbia.

(2) Subject to the Public Service Act , the director

may

(

a) employ or retain the persons the director considers necessary to carry out

the business of the director's office, and

(

b) designate the title, office and responsibilities of persons employed or

retained under paragraph (a).

(3) Despite the Public Service Act but subject to the minister's approval, the director

may engage and retain any person the director considers necessary as a

consultant, expert or specialist.

Functions of the director

(1) Without limiting

section 39 (1), the director has the following functions:

(

a) to inspect and report on the quality and standard of policing and law

enforcement services delivery, including but not limited to

(

i) inspecting policing and law enforcement operations and procedures,

(ii) evaluating programs for

(

A) training persons who intend to become officers,

(

B) training officers,

(

C) retraining officers, and

(

D) training officers who are eligible for advanced training, and

(iii) evaluating standards of policing and law enforcement;

(

b) to maintain a system of statistical records required to carry out inspections,

evaluations and research studies;

(

c) to consult with and provide information and advice to the minister, chief

constables, chief officers, boards and committees, on matters related to

policing and law enforcement;

(

d) to make recommendations to the minister about appointments to a board;

(

e) to make recommendations to the minister on

(

i) the minimum standards for the selection and training of officers or

classes of officers,

(ii) the use of force by officers or classes of officers, including, without

limitation, their training and retraining in the use of force, and

(iii) any other matter related to policing and law enforcement;

(

f) to establish and carry out, or approve and supervise, programs to promote

cooperative and productive relationships between officers and the public;

(

g) to assist in the coordination of policing and law enforcement provided by

the provincial police force, municipal police departments, designated

policing units and designated law enforcement units;

(

h) to report to the minister on the activities of police forces, police departments, designated policing units and designated law enforcement units in

their provision of policing and law enforcement services;

(

i) to perform other functions and duties assigned to the director under this Act

or the regulations or under the Private Investigators and Security Agencies

Act and its regulations.

(2) If a report is completed under subsection (1) (a), the director

(

a) must submit a copy of the report to the minister, and

(

b) may distribute a copy of the report to those persons the director considers

appropriate.

(3) The director may inspect the records, operations and systems of administration

of any policing or law enforcement operation but only if the director gives written

notice of the inspection

(

a) to the minister, and

(

b) to the chair of the board or to a person designated by the minister as the

person in charge of the operation.

(4) If requested by the minister, the director must inspect the records, operations and

systems of administration of any policing or law enforcement operation, on

notice to the chair of the board or to a person designated by the minister as the

person in charge of the operation.

Rules of practice and procedure of the director

(1) The director must make rules, not inconsistent with this Act and the regulations,

respecting the director's practice and procedure and the exercise of the director's

powers under this Act and the regulations, and may establish forms required to

be used for those purposes.

(2) A rule under subsection (1) is binding on a person only after the rule is approved

by the minister.

Studies by director

(1) The director must, on request of the minister, and the director may, on the

director's own initiative or on request of a council or board, study, investigate and

prepare a report on matters concerning policing, law enforcement and crime

prevention in British Columbia or in a designated area of British Columbia.

(2) The costs of a study requested by the minister under subsection (1) must be paid

by the Minister of Finance and Corporate Relations from the consolidated

revenue fund.

(3) The director must submit a report prepared under subsection (1) to the minister.

Inquiries

43 On request of the minister, the director must inquire into and report to the minister on

matters

(

a) regarding crime and its investigation and control, and

(

b) of policing and law enforcement.

Special investigations

(1) Despite this Act,

(

a) the minister, or

(

b) the director, on the director's own initiative or on request of the police

complaint commissioner or a board,

may at any time order an investigation into an alleged act, or an alleged omission

of

an act, committed by any person appointed under this Act.

(2) An investigation under subsection (1) must be performed by the person and in the

manner specified in the minister's order or director's order, as the case may be.

(3) The costs of an investigation ordered by the minister under subsection (1) must

be paid by the Minister of Finance and Corporate Relations from the consolidated

revenue fund.

Delegation

45 The director may authorize one or more of the director's employees to exercise the

powers and perform the duties and functions of the director under sections 40 and 42

to 44.

Part 9 – Complaint Procedure

Division 1 –

Interpretation

Definitions and

interpretation

(1) In this Part:

"adjudicator" means a Provincial Court judge assigned under

section 60.1 (3) or (6)

to preside at a public hearing;

"agent" , in relation to a person who is a member of a trade union in which the

majority of employees is engaged in police duties, means an individual of the

person's choice and includes the trade union representative provided under the

applicable collective agreement, but does not include counsel for the person;

"business day" means a day other than a Saturday or a holiday;

"Code of Professional Conduct" means the prescribed code of conduct;

"complainant" means the person who submitted a complaint under

section 52 in

relation to which a record of complaint is subsequently lodged under that

section;

"complaint" means a complaint submitted under

section 52 and includes a report

made under

section 65.1;

"complaint disposition" means the decision or resolution that concludes the

complaint process under this Part and includes

(

a) a final decision under

section 54 (7) to summarily dismiss a complainant's

complaint,

(

b) an informal resolution that is final under

section 54.2 (4),

(

c) a disciplinary or corrective measure accepted by a respondent under

section 58 (5),

(

d) a disciplinary or corrective measure that is final under

section 59.1 (4) (b),

and

(

e) a decision of an adjudicator under

section 61 (6);

"conduct complaint" means an internal discipline complaint or a public trust

complaint;

"discipline authority" means,

(

a) in relation to a municipal constable against whom a conduct complaint is

made, the chief constable of the municipal police department with which

the respondent is employed, or a delegate of that chief constable,

(

b) in relation to a chief constable or a deputy chief constable against whom a

conduct complaint is made, the chair of the board by which the respondent

is employed, or

(

c) in relation to a municipal police department about which a complainant

makes a complaint, the chair of the board that has authority over that police

department;

"disciplinary default" means a breach of the Code of Professional Conduct;

"final investigation report" means the report provided by an investigating officer

under

section 56 (6);

"internal discipline complaint" means a complaint that relates to the acts,

omissions or deportment of a respondent and that

(

a) is not a public trust complaint, or

(

b) is a public trust complaint that is not processed as a public trust complaint

under Division 4;

"investigating officer" means the person who has conduct of an investigation of a

complaint;

"public hearing" means a hearing arranged by the police complaint commissioner

under

section 60 or 60.1;

"public trust complaint" means a complaint to the effect that a respondent has

committed a public trust default;

"public trust default" means conduct that would, if proved, constitute a disciplinary default and that

(

a) causes or has the potential to cause physical or emotional harm or financial

loss to any person,

(

b) violates any person's dignity, privacy or other rights recognized by law, or

(

c) is likely to undermine public confidence in the police;

"record of complaint" means a complaint recorded in the prescribed form under

section 52 (4);

"respondent" means a municipal constable, chief constable or deputy chief

constable against whom a complaint is made;

"service or policy complaint" means a complaint to the effect that one or more of

the following are inadequate or inappropriate for or in relation to the conduct of

a municipal police department:

(

a) its policies;

(

b) its procedures;

(

c) its standing orders;

(

d) its supervision and management controls;

(

e) its training programs and resources;

(

f) its staffing;

(

g) its resource allocation;

(

h) its procedures or resources that are available to permit it to respond to

requests for assistance;

(

i) any other internal operational or procedural matter.

(2) In this Part, "lodge" or "lodged" is a reference to the lodging of a written record

of complaint, in the prescribed form, under

section 52 (4).

Division 2 – Police Complaint Commissioner

Police complaint commissioner

(1) On the recommendation of the Legislative Assembly, the Lieutenant Governor in

Council must appoint as the police complaint commissioner a person, other than

a member of the Legislative Assembly, who has been unanimously recommended

for the appointment by a special committee of the Legislative Assembly.

(2) The police complaint commissioner is an officer of the Legislature.

(3) Subject to

section 48, the police complaint commissioner holds office for a term

of 6 years.

(4) A person who is appointed under this

section is not eligible to be reappointed as

police complaint commissioner.

Resignation, removal or suspension of police complaint commissioner

(1) The police complaint commissioner may resign at any time by notifying the

Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is

absent from British Columbia, by notifying the Clerk of the Legislative

Assembly.

(2) The Lieutenant Governor in Council must remove the police complaint commissioner from office or suspend the police complaint commissioner for cause or

incapacity on the recommendation of 2/3 of the members present in the

Legislative Assembly.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council

may suspend the police complaint commissioner for cause or incapacity.

Acting police complaint commissioner

(1) The Lieutenant Governor in Council may appoint an acting police complaint

commissioner if one of the following applies:

(

a) the office of police complaint commissioner is or becomes vacant when the

Legislative Assembly is not sitting;

(

b) the police complaint commissioner is suspended when the Legislative

Assembly is not sitting;

(

c) the police complaint commissioner is removed or suspended or the office of

the police complaint commissioner becomes vacant when the Legislative

Assembly is sitting, but no recommendation is made by the Legislative

Assembly under

section 47 (1) before the end of the session;

(

d) the police complaint commissioner will be temporarily absent for more than

30 days because of illness or any other reason.

(2) An acting police complaint commissioner holds office until the first of the

following occurs:

(

a) a person is appointed under

section 47 (1);

(

b) the suspension of the police complaint commissioner ends;

(

c) the Legislative Assembly has sat for 20 days after the date of the acting

police complaint commissioner's appointment;

(

d) the police complaint commissioner returns to office after a temporary

absence.

Powers and duties of police complaint commissioner

(1) The police complaint commissioner is to oversee the handling of complaints.

(2) Without limiting subsection (1), the police complaint commissioner is to

(

a) receive complaints from any source,

(

b) establish and maintain a record of complaints, including the complaint

dispositions relating to those complaints,

(

c) compile statistical information respecting all complaints,

(

d) regularly prepare reports of the complaint dispositions made or reached

during the reporting period, and make those reports available to the public,

(

e) inform the public of the complaint procedures provided by this Part and the

functions and duties of the police complaint commissioner,

(

f) accept and consider comments from any interested person respecting the

administration of this Part,

(

g) inform, advise and assist complainants, respondents, discipline authorities,

boards and adjudicators respecting the complaint process and the handling

of complaints,

(

h) periodically conduct reviews of the complaint process and make any recommendations for improvement of that process in the annual report under

section 51.1,

(

i) establish procedures for mediation services to assist complainants and

respondents in achieving informal resolution of complaints and provide

those services to those parties,

(

j) establish guidelines to be followed by municipal police departments for the

purpose of informal resolution of public trust complaints under

section 54.1, and

(

k) perform any other duties imposed and exercise any other powers provided

by this Act.

(3) Without limiting subsection (1), the police complaint commissioner may do any

of the following:

(

a) prepare and provide informational reports on any matter related to the role

of the police complaint commissioner;

(

b) engage in or commission research on any matter relating to the purposes of

this Part;

(

c) make recommendations to a board that it examine and reconsider any

written policies or procedures that may have been a factor in

an act or

omission that gave rise to a complaint;

(

d) prepare guidelines respecting the procedures to be followed by a person

receiving a complaint;

(

e) make recommendations to the director or the Attorney General that a

review, study or audit be undertaken to assist police departments or forces,

or any designated policing unit or designated law enforcement unit to which

this

Part is made applicable by regulation of the Lieutenant Governor in

Council, in developing training or other programs designed to prevent

recurrence of any problems revealed by the complaint process;

(

f) make recommendations to the Attorney General for a public inquiry under

the Inquiry Act if there are reasonable grounds to believe that

(

i) the issues in respect of which the inquiry is recommended are so

serious or so widespread that an inquiry is necessary in the public

interest,

(ii) an investigation conducted under this Part, even if followed by a

public hearing, would be too limited in scope, and

(iii) powers granted under the Inquiry Act are needed;

(

g) refer to Crown counsel a complaint, or one or more of the allegations in a

complaint, for possible criminal prosecution.

(4) In exercising the police complaint commissioner's powers and duties under this

Part in relation to a public trust complaint, the police complaint commissioner

may receive and obtain information respecting the complaint from the parties and

the discipline authority in the manner the police complaint commissioner

considers appropriate including, without limitation, interviewing and taking

statements from the discipline authority, the person making the complaint and the

respondent.

(5) A person having records relating to a complaint must provide, on request, the

police complaint commissioner with access to those records.

Salary, expenses and benefits of police complaint commissioner

50.1

(1) The police complaint commissioner is entitled

(

a) to be paid, out of the consolidated revenue fund, compensation as may be

fixed by the Lieutenant Governor in Council, and

(

b) to be reimbursed for reasonable travelling and out of pocket expenses

personally incurred in performing the duties of the office.

(2) The Lieutenant Governor in Council may order that the Pension (Public Service)

Act applies to the police complaint commissioner.

Staff of police complaint commissioner

(1) The police complaint commissioner may appoint, in accordance with the Public

Service Act, employees necessary to enable the police complaint commissioner

to perform the duties of the office.

(2) For the purpose of the application of the Public Service Act to subsection (1) of

this section, the police complaint commissioner is deemed to be a deputy

minister.

(3) The police complaint commissioner may appoint a deputy police complaint

commissioner, who may carry out the functions of the police complaint commissioner while the police complaint commissioner is temporarily absent for a period

of not more than 30 days because of illness or any other reason.

(4) The police complaint commissioner may incur reasonable office and other

expenses as may be necessary to discharge functions under this Act.

(5) The police complaint commissioner may retain consultants, mediators or other

persons as may be necessary to discharge functions under this Act, and may

(6) The Public Service Act does not apply in respect of a person retained under

subsection (5) of this section.

(7) The police complaint commissioner may make a special report to the Legislative

Assembly if the police complaint commissioner considers that one or both of the

following are inadequate for fulfilling the duties of the office:

(

a) the amounts and establishment provided for the office of police complaint

commissioner in the estimates;

(

b) the services provided by the Public Service Employee Relations

Commission.

Annual report

51.1

(1) The police complaint commissioner must report annually to the Speaker of the

Legislative Assembly on the work of the police complaint commissioner's office.

(2) The Speaker must promptly lay each annual report before the Legislative

Assembly if it is in session and, if the Legislative Assembly is not in session when

the report is submitted, within 15 days after the beginning of the next session.

Review of this

Part

51.2

(1) A special committee of the Legislative Assembly must begin a comprehensive

review of this Part and the work of the police complaint commissioner within 3

years after this

Part comes into force and must submit to the Legislative

Assembly, within one year after beginning the review, a report that includes any

amendments to this Part that the committee recommends.

(2) As part of the review process contemplated by subsection (1), the committee must

solicit and consider written and oral input from any interested person or organization.

Division 3 – Processing of Complaints

Submission of complaints

(1) A person may make a complaint under this Part

(

a) against a municipal constable,

(

b) against a chief constable or deputy chief constable, and

(

c) about a municipal police department.

(2) The person may submit the complaint referred to in subsection (1) to any of the

following:

(

a) the police complaint commissioner;

(

b) the discipline authority;

(

c) the senior constable of the municipal police department with which the

respondent, if any, is employed or about which the complaint is made, who

is on duty at the time that the complaint is submitted.

(3) If a complaint is submitted to a person referred to in subsection (2) (

b) or (c), the

person receiving the complaint must

(

a) provide the person submitting the complaint with any assistance that person

requires in submitting the complaint,

(

b) advise the person submitting the complaint that the complaint may also be

submitted to the police complaint commissioner, and

(

c) provide any other information or advice to the person submitting the

complaint that may be required under the guidelines prepared by the police

complaint commissioner under

section 50 (3) (d).

(4) A complaint under this Part may initially be submitted orally or in writing but,

before the complaint may be processed under Division 4 or 5, the complaint must

be committed to writing in the prescribed form and that record of complaint must

be lodged with one or more of the persons referred to in subsection (2) of this

section.

(5) A person who receives a complaint under subsection (2) must, as required, assist

the person submitting the complaint in completing a record of complaint.

(6) Despite

section 65.1 and subsection (4) of this section, whether or not a complaint

is submitted in writing and whether or not the complaint is made in confidence

under

section 65.1,

(

a) the police complaint commissioner may inform Crown counsel of any

allegation in the complaint that could constitute a criminal offence,

(

b) a municipal or provincial constable may investigate any allegation in a

complaint that a criminal offence was or may have been committed, and

(

c) Crown counsel may proceed with criminal charges against the respondent.

(7) If a record of complaint is lodged with the police complaint commissioner or with

the senior constable referred to in subsection (2) (c), that person must promptly

after receipt provide a copy of that record,

(

a) if the complaint appears to be or to include a conduct complaint against a

chief constable, to the board by which that chief constable is employed, or

(

b) in any other case, to the chief constable of the municipal police department

about which the complaint is made or with which the respondent is

employed.

(8) If a record of complaint is lodged with a municipal police department, the chief

constable for that department must send a copy of that record to the police

complaint commissioner within 10 business days after the complaint is lodged.

Characterizing record of complaint and notification

52.1

(1) Promptly after receiving a record of complaint under

section 52 (7) (

a) or (b), the

recipient of that record must

(

a) characterize the complaint as one or more of the following:

(

i) a public trust complaint;

(ii) an internal discipline complaint;

(iii) a service or policy complaint, and

(

b) otherwise begin to process the complaint under this Part.

(2) In making a decision on characterization under subsection (1) (a), the recipient

referred to in that subsection may consult with the police complaint commissioner.

(3) Within 10 business days after making a decision on characterization under

subsection (1) (a), the recipient referred to in subsection (1) must send notice of

that decision to the police complaint commissioner and, if the characterization

includes a conduct complaint, the recipient must also provide notice to the

respondent that the complaint has been lodged unless the recipient determines

that notification could jeopardize an investigation into the complaint.

(4) If the recipient withholds notice to a respondent under subsection (3), the

recipient must advise the police complaint commissioner of the withholding and

provide reasons for it.

(5) The police complaint commissioner may order the discipline authority of the

respondent referred to in subsection (4) to provide the notice to the respondent

and the discipline authority must, within 10 business days after becoming aware

of that order, provide the required notice to the respondent.

(6) The police complaint commissioner must review a recipient's decision on characterization under this

section and may

(

a) confirm the characterization,

(

b) overrule the characterization and independently characterize the complaint,

(

c) request further information.

(7) The police complaint commissioner must

(

a) make a decision under subsection (6) (

a) or (

b) within 10 business days after

(

i) receiving the decision on characterization, or

(ii) if further information is requested under subsection (6) (c), receiving

that information, and

(

b) promptly after making a decision, provide notice of that decision to

(

i) the discipline authority,

(ii) the complainant, and

(iii) the respondent, if any, unless a decision has been made under this

section to withhold notice of a complaint.

(8) The decision of the police complaint commissioner under subsection (6) (

a) or (

b) is final unless new information comes to the police complaint commissioner's

attention, in which case the police complaint commissioner may

(

a) change the characterization of the complaint, and

(

b) make any other order allowed in relation to a complaint under this Part.

Withdrawal of complaint

52.2

(1) A complainant who wishes to withdraw a complaint that the complainant has

lodged may at any time file a written notice of withdrawal with the discipline

authority or the police complaint commissioner, or both.

(2) If the notice of withdrawal under subsection (1) is filed only with the discipline

authority, the discipline authority must, within 10 business days after receipt,

provide a copy of that notice to the police complaint commissioner.

(3) If the notice of withdrawal under subsection (1) is filed only with the police

complaint commissioner, the police complaint commissioner must, within 10

business days after receipt, provide a copy of that notice to the discipline

authority.

(4) After receiving a notice of withdrawal under subsection (1) or (2), the police

complaint commissioner must, if the police complaint commissioner suspects

that the notice of withdrawal may have been made under duress, make reasonable

efforts to determine if duress was involved.

(5) If the police complaint commissioner determines that the notice of withdrawal

was made under duress, the police complaint commissioner must order the

discipline authority to conduct an investigation into one or more of the allegations

in the complaint and to proceed with processing the complaint under this Part.

(6) If the police complaint commissioner determines that the notice of withdrawal

was not made under duress, the police complaint commissioner may provide

directions to the discipline authority with respect to the complaint.

(7) Directions provided under subsection (6) may, without limitation, include

directions that the discipline authority conduct an investigation into any or all of

the allegations in the complaint.

(8) The discipline authority must comply with any order made under subsection

(5) or direction provided under subsection (6) and may, if and to the extent that it is

not in conflict with that order or direction,

(

a) continue to process the complaint under this Part, or

(

b) summarily dismiss the complaint under

section 54 (1).

(9) Subject to subsection (10), and despite any other provision of this Part, if the

discipline authority continues to process a complaint after a notice of withdrawal

is filed by the complainant under subsection (1), the complainant is not entitled

to receive any records created after the date on which the notice of withdrawal is

filed.

(10) If a public hearing is arranged in respect of a complaint referred to in

subsection (1) and the complainant is required to be a witness at the public

hearing, the complainant is entitled, on a request made to the discipline authority

before the date of the public hearing, to receive all of the records that the

complainant would otherwise have received during the processing of the

complaint, and sections 56 (1) to (5), 57, 57.1, 58 (5) (

a) and 59.1 apply.

Division 4 – Public Trust Complaints

Definitions

53 In this Division:

"complainant" does not include a third party complainant;

"third party complainant" means a person who has lodged a public trust complaint

but who is not personally adversely affected by the conduct complained of.

Application of this Division to third party complainants

53.1

(1) Unless expressly provided to the contrary, this Division does not apply to third

party complainants.

(2) Without limiting subsection (1), a third party complainant has none of the rights

available to complainants under this Division except that if the public trust

complaint lodged by the third party complainant results in discipline proceedings

or criminal charges, the discipline authority must inform the third party

complainant of the results.

Summary dismissal of public trust complaints

(1) A discipline authority may summarily dismiss a public trust complaint, whether

or not the complainant or third party complainant has filed a notice of withdrawal

under

section 52.2, if the discipline authority is satisfied that

(

a) the complaint is frivolous or vexatious,

(

b) there is no reasonable likelihood that further investigation would produce

evidence of a public trust default, or

(

c) the complaint concerns

an act or omission that, to the knowledge of the

complainant or third party complainant, occurred more than 12 months

before the complaint was made.

(2) Subject to this section, a public trust complaint that has been summarily

dismissed under subsection (1) must not be investigated or further investigated

under this Division, but nothing in this subsection prevents further action being

taken in relation to any internal discipline component or service or policy

component of the complaint.

(3) If a discipline authority decides to summarily dismiss a public trust complaint,

the discipline authority must, within 10 business days after making that decision,

provide to the complainant, the respondent and the police complaint commissioner written notice of the discipline authority's decision, the reasons for it and

the recourse that is available to the complainant under this Part.

(4) A complainant may apply to the police complaint commissioner for a review of

the decision of a discipline authority to summarily dismiss his or her complaint

under this section.

(5) An application for a review under subsection (4) must be filed with the police

complaint commissioner within 30 days after the date of the notice provided

under subsection (3).

(6) Whether or not an application for a review is filed with the police complaint

commissioner in relation to a public trust complaint that is summarily dismissed

under this section, the police complaint commissioner must, within 30 days after

the date of the notice provided under subsection (3),

(

a) examine the discipline authority's decision and the reasons for the

summary

dismissal, and either

(

i) confirm the discipline authority's decision, or

(ii) if the police complaint commissioner concludes that it is in the public

interest to investigate the complaint, order the discipline authority to

conduct an investigation into the complaint, and

(

b) notify in writing the discipline authority, the complainant and the

respondent of the outcome of the police complaint commissioner's

examination under paragraph (a).

(7) The decision of a discipline authority to summarily dismiss a public trust

complaint is final and the complaint is deemed to have been dismissed unless

(

a) an application for review is received by the police complaint commissioner

under subsection (5), or

(

b) the police complaint commissioner makes an order under subsection (6) (a)

(ii).

(8) Whether or not, within the time required by this section, an application for review

is received under subsection (5) or an order is made under subsection (6) (a) (ii),

the police complaint commissioner may at any time order a discipline authority

to investigate a public trust complaint that has been summarily dismissed if new

information is received that, in the opinion of the police complaint commissioner,

requires an investigation.

(9) On receiving new information and ordering a discipline authority to investigate a

public trust complaint under subsection (8), the police complaint commissioner

must notify in writing the discipline authority, the complainant and the

respondent of the nature of the new information and the reasons for ordering the

investigation.

(10) The discipline authority to whom an order under subsection (6) (a) (ii) or (8) is

directed must conduct the investigation ordered.

Informal resolution

54.1

(1) Unless the complaint is summarily dismissed under

section 54, the discipline

authority must, promptly after receiving a public trust complaint, and may, at any

later time, determine whether an informal resolution of the complaint is appropriate.

(2) If an informal resolution is determined to be inappropriate, the discipline

authority must proceed with an investigation of the complaint under

section 55 or

55.1.

(3) Subject to subsection (4), if an informal resolution is determined to be appropriate, the discipline authority must seek the consent of the complainant and the

respondent to informal resolution.

(4) The discipline authority must not proceed with an informal resolution of a

complaint referred to in subsection (1) unless the complainant and the respondent

consent to that procedure.

(5) The discipline authority may, for the purposes of informally resolving a

complaint under this section, do one or both of the following:

(

a) use any one or more means of alternate dispute resolution;

(

b) enlist the assistance of a neutral and independent person as mediator.

(6) Informal resolution must be pursued in accordance with any guidelines

respecting informal resolution that are established by the police complaint

commissioner.

(7) Complainants have the right to seek advice before and during an attempt to

informally resolve a complaint under this

section and the discipline authority

must inform the complainant of that right at the time that the complainant's

consent to the process is being sought.

(8) The police complaint commissioner must make available a list of support groups

and neutral dispute resolution service providers and agencies that may assist

complainants with the informal resolution process under this section, and the

person with whom a public trust complaint is lodged must provide that list to the

complainant when the complaint is lodged.

(9) In the informal resolution process, a complainant may enlist the assistance of a

support person of the complainant's choice or may ask the police complaint

commissioner to appoint a support person for the complainant.

(10) A support person, enlisted or appointed under subsection (9), may

(

a) be present at any interview about the complaint and at any mediation or

informal resolution session, and

(

b) participate at any of those sessions with the consent of the respondent.

(11) The complainant or respondent may ask the police complaint commissioner to

appoint a mediator, if one has not already been enlisted under subsection (5) (b),

and the police complaint commissioner may appoint a mediator if the police

complaint commissioner considers it appropriate.

(12) No oral or written statement made or given by any person in the course of an

attempt to resolve the complaint informally may be used or received as evidence

in any civil, criminal or administrative proceeding, including, without limitation,

a public hearing.

(13) Without limiting subsection (12), an apology by the complainant or respondent

must not be admitted into evidence or construed as an admission of fault at any

subsequent civil, criminal or administrative proceeding or in any subsequent

proceeding under this Act.

(14) Whether or not a complaint is resolved informally under this section, the

discipline authority must notify the complainant, the respondent and the police

complaint commissioner of the results of any attempt at informal resolution.

Reaching resolution through informal resolution process

54.2

(1) Subject to subsection (3), a complaint is resolved when the complainant and the

respondent

(

a) sign a letter consenting to the resolution of the complaint in the manner set

out in the letter, and

(

b) provide that letter to the discipline authority, with a copy to the police

complaint commissioner.

(2) Within 10 business days after signing the letter referred to in subsection (1), a

signatory to that letter may, by written notice of revocation to the discipline

authority or the police complaint commissioner, revoke the signatory's consent to

the informal resolution.

(3) If a consent to an informal resolution is revoked under subsection (2),

(

a) the resolution is of no effect, and

(

b) the recipient of the notice of revocation must, within 10 business days after

receiving the notice, provide notice of the revocation to those of the police

complaint commissioner, the discipline authority, the complainant and the

respondent who are not aware of that revocation.

(4) Unless the complainant or the respondent revokes consent under subsection (2),

the informal resolution set out in the letter signed under subsection (1) is final and

binding on them after the expiration of the period referred to in subsection (2).

(5) No disciplinary action may be taken against a respondent as a result of an

informal resolution of a complaint until the informal resolution has become

binding under subsection (4).

(6) A complainant's complaint that is resolved by informal resolution must not be

entered in a respondent's service record of discipline, but may be entered in a

respondent's personnel file.

(7) A record respecting an informal resolution that is entered in an officer's personnel

file may only be opened

(

a) for the purposes of deciding whether a subsequent attempt at informal

resolution is appropriate, or

(

b) for personnel matters unrelated to discipline.

Investigation of public trust complaints

(1) Subject to sections 54 and 55.1, if a record of complaint in respect of a public trust

complaint is lodged under this Part, the discipline authority must promptly

initiate an investigation into the complaint if

(

a) informal resolution of the complaint is not attempted or is unsuccessful, or

(

b) the discipline authority is ordered to conduct an investigation by the police

complaint commissioner.

(2) If an investigation is not initiated within 45 days after the record of complaint is

lodged, the discipline authority must notify the police complaint commissioner

of the reasons for the delay.

(3) Despite any other provision of this Act, the police complaint commissioner may

order an investigation into the conduct of a municipal constable, chief constable

or deputy chief constable, whether or not a record of complaint has been lodged.

External investigation of public trust complaints

55.1

(1) The discipline authority must refer an investigation into a public trust complaint

to another municipal police department or to the commissioner if

(

a) the discipline authority considers an external investigation is necessary in

order to preserve public confidence in the complaint process, or

(

b) the police complaint commissioner so orders.

(2) On application by a complainant or a respondent or on the police complaint

commissioner's own motion, the police complaint commissioner may make an

order under subsection (1) (

b) if the police complaint commissioner considers

that an external investigation is necessary in the public interest.

Investigating officer

55.2

(1) Subject to subsection (2), a person employed by the police force or police

department that is to conduct an investigation into a public trust complaint may

be appointed as investigating officer by

(

a) the chief constable of that police force or police department, or

(

b) if the investigation is conducted by the provincial police force, the commissioner.

(2) A person must not be appointed as investigating officer under subsection (1) if

(

a) the person's rank is not equal to or higher than the rank of the respondent, or

(

b) the person has a connection with the complaint.

(3) If the discipline authority requests a report referred to in

section 56, the investigating officer appointed to conduct the investigation must promptly provide the

discipline authority with any information necessary for the discipline authority to

comply with

section 56 (1) and (5).

Reports during investigations and extensions of investigations

(1) Unless subsection (2) applies, the discipline authority must report to the

complainant, the respondent and the police complaint commissioner on the

progress of an investigation conducted under

section 55 or 55.1 by providing to

them

(

a) an initial report within 45 days after the initiation of the investigation, and

(

b) follow-up reports for so long as the investigation continues and at least once

every 30 days after the date of the initial report.

(2) Subject to subsection (4), a report must not be sent to the complainant or

respondent under subsection (1) if the discipline authority considers that sending

the report to that person would hinder the investigation.

(3) If the discipline authority withholds a report under subsection (2), the discipline

authority must advise the police complaint commissioner of the withholding and

provide reasons for it.

(4) The police complaint commissioner may order the discipline authority to provide

a report under subsection (1) to a person referred to in subsection (2) and the

discipline authority must, within 10 business days after becoming aware of that

order, provide the required report to the person.

(5) In addition to the reports provided under subsection (1), the police complaint

commissioner may at any time request a progress report on an investigation and

the discipline authority must provide that report to the police complaint commissioner within 10 business days after receiving that request.

(6) Within 10 business days after the conclusion of an investigation, the investigating

officer must complete a report of the investigation, including in it his or her

findings, conclusions, recommendations and any prescribed matters, and must

(

a) provide that final investigation report and any other prescribed records to

the discipline authority, and

(

b) if the investigation was conducted under

section 55.1 or 56.1 (3), provide a

copy of that final investigation report and any other prescribed records to the

police complaint commissioner.

(7) An investigation into a public trust complaint must be completed within 6 months

after the date that the record of complaint is lodged under

section 52 (4), unless

the police complaint commissioner grants one or more extensions.

(8) For the purpose of subsection (7), an investigation is completed when the

discipline authority has reviewed the final investigation report referred to in

subsection (6) and has determined what course of action to follow.

(9) The police complaint commissioner may grant an extension under subsection (7)

only if

(

a) new investigative leads are discovered that could not have been revealed

with reasonable care,

(

b) the case or investigation is unusually complex, or

(

c) the police complaint commissioner considers that an extension is in the

public interest.

Role of police complaint commissioner in investigation

56.1

(1) The police complaint commissioner may appoint an employee under

section 51

as an observer to an investigation under subsection (3) of this section,

section 55

or 55.1 if, in the police complaint commissioner's judgment, the appointment is

necessary in the public interest.

(2) The person appointed under subsection (1) must prepare for the police complaint

commissioner an independent report on the investigation.

(3) The police complaint commissioner may, at any time, order a new investigation

or an investigation by another municipal police department or the provincial

police force if the police complaint commissioner concludes that the original

investigation was inadequate or unreasonably delayed.

Reassignment or suspension pending an investigation and hearing

56.2

(1) If a municipal constable, chief constable or deputy chief constable is being investigated as a result of an allegation that that person committed an offence under a

federal or provincial enactment or as a result of a complaint against that person

under this Act, the discipline authority for that person may, until the completion

of that investigation, reassign or suspend the person with his or her pay, if

(

a) the discipline authority considers that

(

i) reassignment or suspension of the person is needed to protect

municipal constables or other persons from the risk of harm,

(ii) failure to reassign or suspend the person is likely to bring the

reputation of the municipal police department as a whole into

disrepute, or

(iii) there are grounds to believe that the person is incapable of carrying

out his or her regular duties as a constable, and

(

b) the discipline authority considers that there is no reasonable alternative

available.

(2) During a period of suspension from duty, a municipal constable, chief constable

or deputy chief constable must not exercise powers as a municipal constable,

chief constable or deputy chief constable and must not wear or use the uniform

or equipment of the municipal police department.

(3) At the earliest opportunity, and in any event within 10 business days after the

suspension, the discipline authority must decide whether the suspension is to

continue in effect or is to be rescinded with or without conditions.

(4) Unless subsection (5) applies, a municipal constable, chief constable or deputy

chief constable under suspension for a period within which that person, if not

suspended, would have worked one or more days

(

a) must receive his or her pay and allowances for the number of days, up to 30,

that he or she could have worked during the period of suspension had the

suspension not been imposed, and

(

b) may, at the discretion of the board, receive his or her pay for any day that he

or she could have worked during the period of suspension, after the 30 days

referred to in paragraph (a), had the suspension not been imposed.

(5) The board may, at any time, discontinue the pay and allowances of a municipal

constable, chief constable or deputy chief constable who is under suspension if

the allegation in response to which the suspension was imposed would, if proved,

constitute a criminal offence.

(6) Written notice of a decision by the board to discontinue the pay and allowances

of a municipal constable, chief constable or deputy chief constable must be given

promptly to the municipal constable, chief constable or deputy chief constable,

as the case may be, and that person may, within 10 business days after receipt,

request a hearing before the board.

(7) Within 30 days after receiving a request under subsection (6), the board must hold

a hearing to review the decision to discontinue pay and allowances.

(8) The person who requests a hearing under subsection (6) may appear at the

hearing personally or by counsel or agent.

(9) A municipal constable, chief constable or deputy chief constable must receive his

or her full pay and allowances for any unpaid period of suspension if

(

a) the suspension related to an investigation resulting from an allegation that

he or she committed an offence under a federal or provincial enactment,

(

b) he or she is acquitted of all charges in proceedings before a criminal court

or the charges are withdrawn, stayed or otherwise not proceeded with, and

(

c) no disciplinary or corrective measures are imposed on him or her for the

acts or omissions that constituted the alleged offence.

Disclosure of documents

(1) Within 10 business days after receiving the final investigation report, the

discipline authority must provide to the complainant and to the respondent a

summary of that report, including

(

a) a concise factual account of any incident that brought about the complaint,

(

b) a brief account of the investigative steps taken, and

(

c) a brief account of the findings, conclusions and recommendations contained

in that report,

and the discipline authority may sever from the

summary provided any portions

of the report that may be excepted from disclosure under the Freedom of Information

and Protection of Privacy Act .

(2) The discipline authority must promptly after receipt provide the police complaint

commissioner with a complete unedited copy of the final investigation report and,

subject to subsection (3), provide the police complaint commissioner with any

other record that

(

a) concerns the complaint and the complainant or the third party complainant,

as the case may be, and

(

b) is in the custody or control of its municipal police department or, as the case

may be, in the custody and control of its municipal police department and

of the investigating officer's police force or police department,

including, without limitation,

(

c) all related records,

(

d) all reasons for imposing or not imposing disciplinary or corrective measures

in relation to the complaint,

(

e) all written policies or procedures that may have been a factor in the act or

omission that gave rise to the complaint, and

(

f) the respondent's service record of discipline.

(3) By agreement between a discipline authority and the police complaint commissioner, the requirement imposed on the discipline authority to provide the police

complaint commissioner with a record referred to in subsection (2) may be

satisfied if unlimited access to, inspection and production of the record is granted

by the discipline authority to the satisfaction of the police complaint commissioner.

(4) Within 10 business days after receiving the

summary of the final investigation

report referred to in subsection (1), the complainant or respondent may apply to

the police complaint commissioner for disclosure of all or part of the information

that was severed from the copy of the report.

(5) The police complaint commissioner may disclose information requested under

subsection (4) if the police complaint commissioner considers that

(

a) disclosure is necessary for the applicant to pursue rights granted by this Act,

and

(

b) disclosure is appropriate having regard to the factors set out in

Part 2 of the

Freedom of Information and Protection of Privacy Act.

Notice to respondent and complainant

57.1

(1) Within 10 business days after receiving a final investigation report, the discipline

authority must determine if the evidence contained in that report is sufficient to

warrant the imposition of disciplinary or corrective measures and must,

(

a) if it is determined that disciplinary or corrective measures are warranted,

serve notice to that effect on the respondent and send a copy of that notice

by registered mail to the complainant, or

(

b) if it is determined that disciplinary or corrective measures are not warranted,

send notice to that effect by registered mail to the respondent and the

complainant, and subsection (4) applies.

(2) A notice provided under subsection (1) (

a) must set out

(

a) the nature of the complaint in sufficient factual detail to identify the

incident,

(

b) the alleged discipline defaults, identifying those sections of the Code of

Professional Conduct alleged to be breached,

(

c) whether the complaint was dealt with as a public trust complaint or as an

internal discipline complaint,

(

d) whether a prehearing conference will be offered, and

(

e) a description of the response proposed by the discipline authority to each

alleged discipline default.

(3) A complainant who is aggrieved by the determination made by the discipline

authority under subsection (1) (

b) may file with the police complaint commissioner a written request for a public hearing in accordance with

section 60 (1) (

b) and

section 60 (2) applies.

(4) Unless the police complaint commissioner arranges a public hearing, a determination made under subsection (1) (

b) is final and conclusive and is not open to

question or review by a court on any ground.

Prehearing conferences

(1) If the discipline authority considers that the evidence contained in a final investigation report is sufficient to justify the imposition of disciplinary or corrective

measures against a respondent and the discipline authority has complied with

section 57.1 (1) and (2), the discipline authority may offer the respondent a confidential, without prejudice, prehearing conference to determine whether the

respondent is willing to admit a public trust default and, if so, what disciplinary

or corrective measures the respondent is willing to accept.

(2) A prehearing conference must not be offered if the discipline authority concludes

that

(

a) the complaint against the respondent is sufficiently serious to warrant

dismissal or reduction in rank, or

(

b) a prehearing conference would be contrary to the public interest.

(3) If a respondent accepts an offer for a prehearing conference under subsection (1),

the respondent may be accompanied at the prehearing conference by one or both

of the following:

(

a) an agent;

(

b) the respondent's counsel.

(4) A discipline authority must use the principles and guidelines set out in the Code

of Professional Conduct in proposing and approving any disciplinary or

corrective measures under this section.

(5) If disciplinary or corrective measures are accepted by a respondent and approved

by the discipline authority at a prehearing conference in relation to any alleged

discipline default respecting the complaint lodged, the discipline authority must,

(

a) within 10 business days after the prehearing conference, serve on the

complainant, or send to the complainant by registered mail, and provide the

police complaint commissioner with, a report that sets out

(

i) for each alleged discipline default,

(

A) any disciplinary or corrective measure accepted and approved,

and

(

B) any policy change being considered by the discipline authority

in respect of the matter,

(ii) the reasons for the proposed measures or policy changes,

(iii) any noted aggravating and mitigating factors in

the case, subject to severing those portions of the disposition record that

may be excepted from disclosure under the Freedom of Information and Protection

of Privacy Act , and

(iv) the recourse available to the complainant under this section, and

(

b) if the resolution is final and conclusive under subsection (7), record on the

respondent's service record of discipline the respondent's admission, any

disciplinary or corrective measure approved and the fact that the measure

was voluntarily accepted by the respondent.

(6) A complainant who is aggrieved by the resolution of a public trust complaint

under this

section may file with the police complaint commissioner a written

request for a public hearing in accordance with

section 60 (1) (

c) and

section 60 (2) applies.

(7) Disciplinary or corrective measures accepted by a respondent and approved by

the discipline authority at a prehearing conference constitute a resolution of the

matter and, unless a public hearing in respect of the complaint is arranged by the

police complaint commissioner, the resolution is final and conclusive and is not

open to question or review by a court on any ground.

Convening discipline proceedings

58.1

(1) Subject to subsection (2), if it is determined under

section 57.1 (1) (

a) that

imposition of disciplinary or corrective measures against a respondent is

warranted and a prehearing conference is not offered or held under

section 58 or,

if held, does not result in a resolution of all alleged discipline defaults respecting

the complaint, the discipline authority must

(

a) convene and preside at a discipline proceeding,

(

b) provide to the complainant at least 15 business days' notice of the discipline

proceeding, and

(

c) serve the respondent with at least 15 business days' notice, in the prescribed

form, of the discipline proceeding.

(2) If at any time a public hearing is arranged by the police complaint commissioner

in respect of a matter that is the subject of a discipline proceeding under

subsection (1), the discipline authority must cancel the discipline proceeding.

(3) At any time before a discipline proceeding is held under this section, the

complainant may make written or oral submissions to the discipline authority

respecting the complaint, the adequacy of the investigation and the range of disciplinary or corrective measures that should be considered.

(4) The following persons may attend a discipline proceeding under this section:

(

a) the police complaint commissioner or the police complaint commissioner's

delegate;

(

b) the respondent's agent or counsel, or both.

(5) The following persons must attend a discipline proceeding under this section:

(

a) the respondent;

(

b) the discipline authority;

(

c) the investigating officer.

Conduct of discipline proceedings

(1) Each alleged discipline default respecting the complaint, other than those

resolved at a prehearing conference held in respect of the matter under

section 58,

must be read to the respondent at a discipline proceeding, and the respondent

must be asked to admit or deny the alleged discipline default.

(2) No witnesses, other than the investigating officer

who prepared the final investigation report, may be called at a discipline proceeding

and the only records that may be presented are the final investigation report,

any separate reports prepared respecting the investigation and any other relevant

written records, from which reports and records may be severed any portions

that may be excepted from disclosure under the Freedom of Information and

Protection of Privacy Act .

(3) The respondent is not compellable at a discipline proceeding under this section,

but the respondent, or his or her agent or counsel, if any, may

(

a) ask questions of the investigating officer who prepared the final investigation report, and

(

b) make submissions concerning the complaint, the adequacy of the investigation and the range of disciplinary or corrective measures that should be

considered.

(4) A discipline proceeding must be electronically recorded.

(5) At the conclusion of a discipline proceeding under this section, the discipline

authority must

(

a) in relation to each alleged discipline default under subsection (1), make a

finding as to whether the discipline default has been proved on the civil

standard of proof,

(

b) record those findings in the prescribed form, and

(

c) invite and hear submissions from the respondent, or his or her agent or

counsel, as to appropriate disciplinary or corrective measures for each

discipline default found to be proven under paragraph (a).

(6) Within 10 business days after hearing submissions from the respondent, or his or

her agent or counsel, at the conclusion of a discipline proceeding under

subsection (5), the discipline authority must

(

a) propose disciplinary or corrective measures for each discipline default

found to be proven under subsection (5) (a),

(

b) record those proposed measures and the date in a disposition record in the

prescribed form,

(

c) include in the disposition record any aggravating or mitigating factors in the

case, and

(

d) serve a copy of the disposition record on the respondent.

Review of discipline proceedings

59.1

(1) Within 10 business days after the date of the disposition record referred to in

section 59 (6), the discipline authority must

(

a) serve on the complainant or send to the complainant by registered mail a

report setting out

(

i) the findings of the discipline authority under

section 59 (5) (a),

(ii) any disciplinary or corrective measures proposed by the discipline

authority under

section 59 (6) (

a) and any policy changes being

considered by the discipline authority in respect of the complaint,

(iii) the reasons for the proposed measures or policy changes,

(iv) any noted aggravating and mitigating factors in the

case, subject to severing those portions of the disposition record that may

be excepted from disclosure under the Freedom of Information and Protection

of Privacy Act , and

(

v) the recourse available to the complainant under this section, and

(

b) provide the police complaint commissioner with the entire unedited record

of the proceedings, an unedited copy of the disposition record and a copy of

the report sent to the complainant under paragraph (a).

(2) After receiving the records and report referred to in subsection (1) (b), the police

complaint commissioner may

(

a) order that the discipline authority provide to the police complaint commissioner further reasons justifying the particular disciplinary or corrective

measures imposed, and

(

b) provide those further reasons to the complainant and the respondent.

(3) A respondent or complainant who is aggrieved by the disposition of a public trust

complaint proposed by a discipline authority in a disposition record may file with

the police complaint commissioner a written request for a public hearing in

accordance with

section 60 (1) (

a) or (d), as the case may be, and

section 60 (2)

applies.

(4) Unless a public hearing is arranged by the police complaint commissioner,

(

a) the complainant and respondent referred to in this

section are deemed to

have accepted the proposed disposition,

(

b) any disciplinary or corrective measures proposed under

section 59 (6) (

a) are final and binding, and

(

c) the proposed disposition is final and conclusive and is not open to question

or review by a court on any ground.

Request for a public hearing

(1) A written request for a public hearing must be received by the police complaint

commissioner,

(

a) in the case of a respondent, within 30 days after receiving the disposition

record under

section 59 (6),

(

b) in the case of a complainant seeking a public hearing under

section 57.1 (3),

within 30 days after the later of

(

i) the date on which the complainant received the notice under

section 57.1 (1), and

(ii) the date on which the complainant receives the information disclosed

by the police complaint commissioner under

section 57 (5) or

receives the decision of the police complaint commissioner that no

further information will be disclosed,

(

c) in the case of a complainant seeking a public hearing under

section 58 (6),

within 30 days after receiving the report provided under

section 58 (5) (a),

(

d) in the case of a complainant seeking a public hearing under

section 59.1 (3),

within 30 days after receiving the report provided under

section 59.1 (1) (a).

(2) Despite subsection (1), the police complaint commissioner may extend the period

within which a public hearing may be requested if the police complaint commissioner considers that there are reasonable grounds for the delay in making the

request.

(3) Promptly after receiving a request for a public hearing within the time limited by

subsection (1) or (2), the police complaint commissioner must arrange a public

hearing under

section 60.1 if

(

a) the request for a public hearing is made by a respondent and a disciplinary

or corrective measure more severe than a verbal reprimand has been

proposed for that respondent, or

(

b) in any other case, the police complaint commissioner determines that there

are grounds to believe that a public hearing is necessary in the public

interest.

(4) The police complaint commissioner may arrange a public hearing without a

request from either a complainant or respondent if the police complaint commissioner considers that there are grounds to believe that the public hearing is

necessary in the public interest.

(5) In deciding whether a public hearing is necessary in the public interest, the police

complaint commissioner must consider all relevant factors including, without

limitation, the following factors:

(

a) the seriousness of the complaint;

(

b) the seriousness of the harm alleged to have been suffered by the

complainant;

(

c) whether there is a reasonable prospect that a public hearing would assist in

ascertaining the truth;

(

d) whether an arguable case can be made that

(

i) there was a flaw in the investigation,

(ii) the disciplinary or corrective measures proposed are inappropriate or

inadequate, or

(iii) the discipline authority's

interpretation of the Code of Professional

Conduct was incorrect;

(

e) whether a hearing is necessary to preserve or restore public confidence in

the complaint process or in the police.

(6) Within 10 business days after making a decision to arrange or to refuse to arrange

a public hearing under this section, the police complaint commissioner must

notify the discipline authority, complainant and respondent of that decision.

Ordering public hearings

60.1

(1) Public hearings respecting the disposition, proposed by a discipline authority, of

a public trust complaint must be conducted before an adjudicator.

(2) If the police complaint commissioner arranges a public hearing under

section 60

or orders a public hearing under

section 64 (7), the police complaint commissioner must consult with the chief judge of the Provincial Court to determine the

earliest practical date or dates on which a Provincial Court judge would be

available to preside as the adjudicator at the public hearing, and the police

complaint commissioner must arrange and set, as the date or dates for the public

hearing, the date or dates so determined.

(3) On the request of the police complaint commissioner, the chief judge of the

Provincial Court must assign a Provincial Court judge to preside as the

adjudicator at a public hearing.

(4) If the Provincial Court judge assigned to preside at a public hearing is unable for

any reason to perform as the adjudicator at that public hearing, the chief judge of

the Provincial Court must arrange and set, as a new hearing date, the earliest

practical date or dates on which a Provincial Court judge is available to preside

as the adjudicator at the public hearing.

(5) If a public hearing is not concluded within the date or dates set for it, the chief

judge of the Provincial Court must arrange and set,

(

a) as the continuation date or dates for the public hearing, the earliest practical

date or dates on which the Provincial Court judge who presided at the initial

stages of the public hearing is available to preside at the continuation of the

public hearing, and

(

b) if the judge referred to in paragraph (

a) is not available to act as an

adjudicator within a reasonable time, the earliest practical date or dates on

which another Provincial Court judge is available to preside as the

adjudicator at a new public hearing in respect of the matter.

(6) The chief judge of the Provincial Court must assign a Provincial Court judge to

preside as adjudicator at any public hearing or continuation set under

subsection (4) or (5).

(7) Subject to subsection (8), at least 15 business days before the scheduled date for

a public hearing or continuation, the police complaint commissioner must serve

the respondent, complainant and discipline authority with written notice of the

date, time and place of the hearing.

(8) If service cannot, after reasonable efforts, be effected on a complainant under

subsection (7), the police complaint commissioner may provide the notice

referred to in that subsection by double registered mail to the complainant's last

address known to, or on record with, the police complaint commissioner.

Public hearing procedures

(1) In this section, "commission counsel" means counsel appointed by the police

complaint commissioner under subsection (2).

(2) The police complaint commissioner must appoint counsel to present to an

adjudicator the case relative to the alleged discipline defaults respecting a public

trust complaint.

(3) For the purpose of a public hearing, commission counsel may

(

a) call any witness who, in commission counsel's opinion, has relevant

evidence to give, whether or not the witness was interviewed during the

original investigation, and

(

b) introduce into evidence any record, including, without limitation, any

record of the proceedings concerning the complaint up to the date of the

hearing.

(4) For the purpose of a public hearing,

(

a) the respondent may examine or cross examine witnesses,

(

b) the complainant and respondent may make oral or written submissions, or

both, after all of the evidence is called, and

(

c) the complainant and respondent may be represented by private counsel or

an agent who may act on behalf of the complainant or respondent, as the

case may be, under paragraphs (

a) and (b).

(5) A public hearing must be open to the public unless, on the application of the

complainant or respondent, the adjudicator orders that some or all of the hearing

be held in private to protect a substantial and compelling privacy interest of one

or more of the persons attending the hearing.

(6) The adjudicator must decide whether each alleged discipline default respecting

the complaint has been proved on the civil standard of proof and may do one or

more of the following:

(

a) find that all, part or none of the alleged discipline default has been proved

on the civil standard of proof;

(

b) impose any disciplinary or corrective measures that may be imposed by a

discipline authority;

(

c) affirm, increase or reduce the disciplinary or corrective measures proposed

by the discipline authority.

(7) Within 10 business days after reaching a decision under subsection (6), the

adjudicator must provide notice of that decision to the complainant, respondent,

discipline authority and police complaint commissioner.

(8) In conducting a public hearing, the adjudicator has

the protections, privileges and powers of a commissioner under sections 12,

15 and 16 of the Inquiry Act .

Compellability

61.1

(1) A respondent who is subject to a public trust complaint is not compellable to

testify as a witness at a discipline proceeding, or at a public hearing, in respect of

that complaint, but an adverse inference may be drawn from the respondent's

failure to testify at the discipline proceeding or at the public hearing.

(2) Subject to the law of privilege, all witnesses, including, without limitation,

municipal constables other than the respondent, are compellable at proceedings

under this Part.

(3) Municipal constables, chief constables and deputy chief constables may be

compelled to make statements

(

a) in internal discipline proceedings, and

(

b) at public hearings and inquiries under this Act.

(4) Nothing in this Act limits the rights of any person to the protection provided by

the Canadian Charter of Rights and Freedoms against the use of voluntary or

compelled statements in subsequent criminal or civil proceedings.

Appeal

(1) An appeal on a question of law lies to the Court of Appeal, with leave of a justice

of the Court of Appeal, from a decision of an adjudicator under

section 61 (6).

(2) Technical errors as to form, failure to file or to give notice on time and other

procedural errors of a minor nature do not go to jurisdiction and may not be

appealed to the Court of Appeal on any ground, unless the error prejudiced a fair

determination of the issues at the public hearing.

Division 5 – Service or Policy Complaints

Service or policy complaints

(1) Within 10 business days after making or confirming a characterization of a

complainant's complaint as a service or policy complaint under

section 52.1 (6),

the police complaint commissioner must send a copy of the record of complaint

to the board having authority over the municipal police department in respect of

which the complaint is made.

(2) A discipline authority or an adjudicator who, while considering a conduct

complaint, determines that the complaint also includes a service or policy

complaint must, within 15 business days after that determination, notify the

following of that determination:

(

a) the board having authority over the municipal police department to which

the complaint relates;

(

b) the police complaint commissioner.

(3) If, in reviewing a complainant's complaint, the police complaint commissioner

concludes that the complaint includes a service or policy complaint, the police

complaint commissioner must notify the board having authority over the

municipal police department to which the complaint relates, and the police

complaint commissioner may include in the notice any recommendations that the

police complaint commissioner considers advisable.

Investigation of service or policy complaints

63.1

(1) On receiving a copy of the record of complaint under

section 63 (1) or a notice of

a service or policy complaint under

section 63 (2) or (3), the board having

authority over the municipal police department to which the complaint relates

must promptly do one or more of the following:

(

a) request the chief constable of the municipal police department in respect of

which the complaint is made to investigate and report on the complaint;

(

b) initiate a study, concerning the complaint, with or without the assistance of

the director, the Ministry of Attorney General or another public body;

(

c) initiate an investigation into the complaint;

(

d) dismiss the complaint with reasons;

(

e) take any other course of action the board considers necessary to respond

adequately to the complaint.

(2) The police complaint commissioner may recommend that the board initiate an

investigation into a service or policy complaint if the board does not choose to do

so under subsection (1).

(3) Within 30 days after initiating an action under subsection (1), the board must

notify the complainant, the director and the police complaint commissioner

regarding the course of action that is being taken.

(4) The police complaint commissioner may request a status report from the board

regarding the progress of an investigation or study concerning a service or policy

complaint, and the police complaint commissioner must forward to the

complainant a copy of any report the police complaint commissioner receives in

response to that request.

(5) At the conclusion of an investigation or study under this section, the board must

send to the complainant, the director and the police complaint commissioner

(

a) an explanation of the course of action decided on under subsection (1) in

respect of the service or policy complained of, and

(

b) a detailed

summary of the results of any investigation or study undertaken

under subsection (1).

(6) A complainant who is dissatisfied with the board's decisions as disclosed under

subsection (5) may ask the police complaint commissioner to review the

decisions.

(7) Whether or not a complainant has asked for a review under subsection (6), the

police complaint commissioner may review the decisions of a board under this

section and may recommend to the board further investigation, study, courses of

action or changes to service or policy.

(8) The police complaint commissioner must include in the police complaint

commissioner's annual report any recommendations made to boards under

subsection (7) and may comment on the responses received, if any.

(9) Despite anything in this section, the police complaint commissioner may

(

a) recommend that the director exercise one or more of the director's functions

under this Act, or

(

b) recommend that the Attorney General initiate an inquiry

under the Inquiry Act .

Division 6 – Internal Discipline Complaints

Internal discipline complaints

(1) For the purposes of internal discipline complaints, the discipline authority must

establish procedures, not inconsistent with this Act, for imposing all disciplinary

and corrective measures for those complaints.

(2) The procedures established under subsection (1) take effect after

(

a) a copy of the procedures is filed with the police complaint commissioner,

and

(

b) the board having authority over the municipal police department with

respect to which the procedures are established approves of the procedures.

(3) For the purpose of internal discipline complaints, the discipline authority, the

board and any arbitrator that may be appointed under the grievance procedure of

the collective agreement may use, but are not restricted by, the Code of Professional Conduct

(

a) to determine standards against which the conduct of a municipal constable,

chief constable or deputy chief constable may be judged, and

(

b) to impose disciplinary or corrective measures.

(4) The discipline authority must provide the police complaint commissioner with a

copy of

(

a) any recommendation on disciplinary or corrective measures arising from an

internal discipline complaint, and

(

b) the final decision reached by the discipline authority, by the board or by an

arbitrator respecting an internal discipline complaint.

(5) If a municipal constable, chief constable or deputy chief constable is alleged to

have committed

an act or to have omitted to do

an act and the act or omission

would, if proved, constitute a disciplinary default, the discipline authority may

deal with the allegation as a matter of internal discipline under this Division if

(

a) the police complaint commissioner has not, under

section 54 (6) (

a) or (8)

or 55 (3), ordered an investigation into the act or omission and has not

arranged a public hearing in respect of that act or omission, and

(

b) one or more of the following applies to the allegation:

(

i) the act or omission does not constitute a public trust default;

(ii) a record of complaint was not lodged under

section 52 in respect of

the act or omission;

(iii) a record of complaint was lodged under

section 52 in respect of the

act or omission but the complainant has filed a notice of withdrawal

under

section 52.2 and the discipline authority has ceased to process

the complaint under Division 4.

(6) On request of the police complaint commissioner, a discipline authority must

provide any additional information about an internal discipline complaint that is

in the possession or control of the municipal police department to which the

complaint relates.

(7) If the police complaint commissioner concludes on the basis of information

received that an internal discipline complaint should be dealt with as a public

trust complaint, the police complaint commissioner may order a further investigation, a public hearing or both.

(8) Whether or not

an act or omission of a municipal constable, chief constable or

deputy chief constable is a disciplinary default, the discipline authority may

determine any issues of competence and suitability to perform police duties that

arise out of that act or omission, whether or not a complaint is lodged in respect

of that act or omission.

Division 7 – General

Multiple complaints

64.1

(1) In this section, "compound complaint" means a record of complaint lodged

under

section 52 that is comprised of 2 or more of the following components:

(

a) a public trust complaint against a municipal constable;

(

b) an internal discipline complaint against a municipal constable;

(

c) a public trust complaint against a chief constable or a deputy chief

constable;

(

d) an internal discipline complaint against a chief constable or a deputy chief

constable;

(

e) a service or policy complaint.

(2) Each component of a compound complaint must be processed as a separate

complaint under Division 3 and whichever of Divisions 4, 5 and 6 is applicable

to that component.

Criminal prosecutions and civil remedies not prohibited

(1) Nothing in this Act or the regulations prohibits

(

a) civil or criminal proceedings against a respondent, or

(

b) proceedings under the Labour Relations Code as to the

interpretation,

application or operation of a collective agreement.

(2) A decision by Crown counsel not to commence or proceed with criminal charges

does not prohibit proceedings under this Act.

(3) Acquittal on a criminal charge arising out of the same facts and circumstances

does not prohibit proceedings under this Act.

(4) Proceedings under this Act may be suspended until the conclusion of criminal

proceedings brought against a municipal constable, chief constable or deputy

chief constable or a complainant, and the period of that suspension of

proceedings must not be counted for the purpose of proceedings under this Act.

Complaints made in confidence

65.1

(1) Municipal constables are entitled to report to the police complaint commissioner

the alleged misconduct of any other municipal constable, including the alleged

misconduct of a chief constable or a deputy chief constable, if the conduct in

question could be the subject matter for a public trust complaint or an internal

discipline complaint.

(2) A person who is not a municipal constable may, in submitting a complaint under

section 52, request that the complaint be kept in confidence and, in that event,

subsections (3) to (8) of this

section apply as if the complaint were a report made

under subsection (1) of this section.

(3) A report under this

section may be made orally or in writing to the police

complaint commissioner and, subject to subsection (7), may be made in

confidence and without attribution as to source.

(4) Subject to subsection (7), an oral or written statement to the police complaint

commissioner, made under conditions of confidentiality, must not be released or

revealed to any other body or person in a manner that is likely to identify the

person who made the statement, unless the person consents to the release or

revelation.

(5) A record of a report or of any of the allegations constituting a report made in

confidence under this

section is inadmissible as evidence at any discipline

proceeding or criminal proceeding without the consent of the person who made

the report.

(6) The allegations constituting a report made in confidence under this

section must

not be processed under Division 4 or 5 and the person who made the report does

not have any rights afforded to complainants under Divisions 3, 4 and 5,

including, without limitation, the right to be informed of the results of the investigation into his or her allegations or to have a public hearing convened respecting

those allegations.

(7) The police complaint commissioner may

(

a) report to Crown counsel any allegations constituting a report made in

confidence under this section, and

(

b) order a discipline authority to conduct an investigation into the allegations

constituting a report made in confidence under this

section and, in that

event, the discipline authority must take steps that are practical in the

circumstances to investigate the complaint.

(8) Nothing in this

section

(

a) prohibits Crown counsel from proceeding with criminal charges against a

respondent, or

(

b) limits or excuses an officer's duty to make a statement for or to testify in an

investigation, discipline proceeding, public hearing or inquiry that is

conducted or held in relation to another officer under this Act.

Harassment prohibited

65.2 A person who makes a report about the conduct of an officer or submits a complaint

under this Act must not be harassed, intimidated or retaliated against for making that

report or submitting that complaint.

Service record of discipline

65.3

(1) The service record of discipline of a respondent must record the complaint dispositions in respect of all complaints against the respondent whether processed as

public trust complaints or as internal discipline complaints.

(2) The service record of discipline of a respondent must be kept by the discipline

authority in a secure place separate from the respondent's personnel file and the

service record of discipline, without the discipline authority's authorization or the

respondent's consent, may be disclosed only to the following persons:

(

a) the respondent;

(

b) the discipline authority;

(

c) the police complaint commissioner;

(

d) an adjudicator;

(

e) if the respondent is a member of a police union, an arbitrator appointed

under the collective agreement.

(3) If a disciplinary or corrective measure is imposed on or agreed to by a respondent,

and the measure includes treatment, counselling or some other program, the

respondent's service record of discipline must be updated by the discipline

authority to indicate whether the treatment, counselling or other program was

completed.

(4) Nothing in this

section precludes the internal use of a service record of discipline

for non-disciplinary action, including, without limitation, promotion, transfer and

reassignment.

Appointment of representative for complainants

(1) Subject to subsection (3), the police complaint commissioner may appoint a

representative for a complainant as follows:

(

a) if the complainant is under 19 years of age, a parent or legal guardian or, if

no parent or legal guardian is available or willing to act, a responsible adult;

(

b) if the police complaint commissioner considers that the complainant is

unable to assert his or her rights under this Act because of physical or

mental disability, an adult of the complainant's choice or, if no such adult is

identifiable, available or willing to act, a responsible adult;

(

c) if the complainant dies after lodging a complaint, the administrator or

executor of the estate of the complainant or, if no administrator or executor

is available or willing to act, a responsible adult.

(2) A representative appointed under subsection (1) has all of the rights and responsibilities available to a competent adult complainant under this Act.

(3) In deciding whether to appoint a representative under this section, the police

complaint commissioner must consider

(

a) whether the complainant is capable of exercising the rights available to a

complainant under this Part without the assistance of a representative, and

(

b) the wishes of the complainant.

Freedom of Information and Protection of Privacy Act does not apply

66.1 Except as provided by this Act, the Freedom of Information and Protection of Privacy

Act doe