POLICE ACT (RSA 2000 cP-17)

RSA 2000 cP-17

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter P-17 Current as of April 16, 2026 POLICE ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Police Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Police Act Exempted Areas Police Service Agreements .............................................. 164/2014 ......... 141/2024 Independent Agency Police Service ............... 163/2025 ......... 72/2026 Police Conduct and Oversight ........................ 263/2025 ......... 33/2026 Police Funding ............................................... 7/2020 ............. 207/2024, 301/2025 Police Governance ......................................... 156/2024 ......... 85/2025 Police Governance (Ministerial) .................... 174/2024

1 POLICE ACT

Chapter P-17 Table of Contents 1

Definitions

Part 1 Administration 1 . 1 Guiding principles 2 Responsibility of Ministers 3 Responsibility of Go vernment for policing 3.1 Minister’s responsibilit y for policing standards 4 Responsibility for providing policing services 5 Exceptions 6 Determination of population 7 Hamlets, improvement districts and special areas 8 Director of Law Enforcement

Part 2 Law Enforcement Review Board 9 Law Enforcement Review Board 1 0 Board Chair 1 1 Vacancies on Board 1 2 Signing of documents 1 3 Board secretary 1 4 Annual report 1 5 Legal counsel 1 6 Powers of Board 1 7 Jurisdiction of the Board 1 8 Appeal to Court of Appeal 1 9 Conduct of Board business 19.1 Panels 19.2 Review and hearing 19.3 Dismissal by Board

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Chapter P-17 POLICE ACT 2 2 0 Matters governing hearings, inquiries, appeals and reviews

Part 3 Police Services and Commissions 2 1 Provincial police service 2 2 Municipal policing by a nother police service 2 4 Regional police services 2 5 Regional police commissions 2 6 Responsibility of a regional police commission 2 7 Municipal police services 2 8 Municipal police commissions 28.01 Provincial Police Advisory Board 28.02 Powers, duties and functions of the Provincial Police Advisory Board 28.03 Municipal policing committees 28.04 Regional policing committees 28.05 Members of municipal and regional committees 28.06 Powers and duties of policing committees 2 9 Police budgets and plans 3 0 Ministerial intervention 3 1 Commission ’s responsibility 3 2 Commission inquiry 3 3 Police officers serving outside their municipality

Part 3.1 First Nation Police Services 33.1 First Nation police service agreements 33.2 Jurisdiction of First N ation police service 33.3 Application

Part 3.2 Independent Agency Police Services 33.4 Independent agency police services 33.5 Appointment of chiefs of independent agency police services 33.6 Appointment of police officers of independent agency police services 33.7 Duties of chiefs of indepen dent agency police services 33.71 Power of chiefs of independent agency police services to release employees 33.72 Independent agency police service records, reports, accounts, returns

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Chapter P-17 POLICE ACT 3 33.73 Independent agency police service budgets and fiscal updates 33.74 Independent agency police service annual reports 33.75 Independent agency police service agreements 33.76 Independent agency police service policing committees 33.8 Independent Agency Police Service Oversight Board 33.9 Powers, duties and functions of the Oversight Board 33.91 Accountability of police officers 33.92 Oversight Board inquiry 33.93 Uniforms and insignia 33.94 Minister’s responsibilities 33.95

Part 3.2 regulations

Part 3.3 Transfer of Employees 33.96

Interpretation 33.97 Transfer orders 33.98 Publication of tr ansfer orders 33.99 No entitlement to severance

Part 3.4 Labour Relations 33.991

Interpretation 33.992 Application of Public Servi ce Employee Relations Act 33.993 Successor bargaining unit 33.994 Successor bargaining agent 33.995 Successor collective agreement 33.996 Initial entities continue 33.997 Existing labour relations matters 33.998 Powers of Board

Part 4 Police Officers 3 4 Qualifications re police officers 3 5 Qualifications re chiefs of police 3 6 Appointments of chiefs of police and police officers 3 7 Dismissals and lay-offs of police officers 3 8 Authority, duties and jurisd iction of police officers 38.1 Authority to collect, record, retain, store, use and disclose information 3 9 Liability re municipal police services 4 0 Liability re other persons 4 1 Duties of chiefs of police

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Part 5 Police Review Commission, Complaints and Discipline 42.01 Police Review Commission 42.1 Complaints 42.2 Complaint intake and assessment 4 3 Dismissal of complaints 43.1 Informal resolution of complaint 43.2 Level 1 complaints 43.3 Integrated investigative unit 43.4 Level 2 complaints 43.5 Level 3 complaints 43.6 Level 4 complaints 4 4 Complaints re policies and services 4 7 Conduct of hearing 4 8 Appeals to Board 4 9 Complaints re RCMP 5 1 Use of evidence 5 2 Report of complaints 52.2 Transitional

Part 6 General 5 3 Lock-ups 5 4 Impersonating a police officer 5 5 Uniforms and insignia 5 6 Application to Court 5 7 General penalty 5 8 Service of documents 5 9 Bylaws and resolutions 6 0 Police Officers Colle ctive Bargaining Act 60.1 Commissioned officers 6 1 Lieutenant Governor in Council regulations 6 2 Ministerial regulations 6 3 Transitional

Schedule 1 - Oath of Office (Mem bers of Police Commissions)

Schedule 2 - Oath of Office (Me mbers of Policing Committees)

Schedule 3 - Oath of Allegi ance and Office (Police Officers and Other Peace Officers)

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Section 1

Chapter P-17 POLICE ACT 5

Preamble

WHEREAS police services perform a critical role in ensuring public safety and security in Alberta;

WHEREAS the Government of Alberta recognizes the importance of articulating a framework based on the Peelian principles to guide police services in Alberta;

WHEREAS it is desirable that First Nations be able to establish policing services for First Nations reserves where an agreement exists to that effect;

WHEREAS the public is best served by police services that have robust public oversight; and

WHEREAS independent oversight of complaints against police officers and police services will enhance public trust in police services in Alberta; THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “Board” means the Law Enforcement Review Board; (b) “Chair” means the Chair of the Board; (b.1) “chief executive officer ” means the chief executive officer of the Police Review Commission; (c) “commission” means a police commission established under

section 25, 28 or 33.1(2), but does not include the Police Review Commission; (d) “complainant” means a person who makes a complaint under

section 42.1; (d.1) “complaint” means a complaint under

section 42.1; (e) “council” means (

i) the council of a city, town, village, summer village, specialized municipality, municipal district or Metis settlement; (ii) in the case of a hamlet, the council of the municipal district in which the hamlet is situated;

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Section 1

Chapter P-17 POLICE ACT 6 (iii) in the case of an improvement district, the Minister responsible for the Municipal Government Act; (iv) in the case of a special area, the Minister responsible f or the Special Areas Act; (f) “Director” means the Di rector of Law Enforcement appointed under

section 8; (f.1) “First Nation” means a band as defined in the Indian Act (Canada); (f.2) “First Nation police se rvice” means a police service established under

Part 3.1; (f.3) “fiscal year” means the period beginning April 1 of one year and ending on March 31 of the next year; (f.4) “independent agency poli ce service” means a police service established under

Part 3.2; (g) “Minister” means the Minist er designated under

section 16 of the Government Organization Act as the Minister responsible for this Act; (h) “municipal police serv ice” means a police service established under

section 27; (i) “municipality” means a city, town, village, summer village , specialized municipality or municipal district and includes a Metis settlement; (i.01) “officer in charge” mean s the officer in charge of the unit of the police service that is providing policing services to a municipality under

section 22; (i.1) “Oversight Board” means the Independent Agency Police Service Oversight Board established under

section 33.8; (j) “peace officer” means a pers on employed for the purposes of preserving and maintaining the public peace; (k) “police officer” m eans an individual who (

i) is appointed under

section 36 as a police officer or a chief of police, (ii) is a member of the Roya l Canadian Mounted Police, (ii.1) is appointed under sec tion 5 as a police officer,

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Section 1.1

Chapter P-17 POLICE ACT 7 (iii) is a member of the pr ovincial police service, (iv) is a member of a First Nation police service, or (

v) is a member of an independent agency police service; (k.1) “Police Review Commissi on” means the Police Review Commission established under

section 42.01(1); (l) “police service” means (

i) a regional police service; (ii) a municipal police service; (iii) the provincial police service; (iv) a police service established under an agreement made pursuant to

section 5; (

v) a First Nation police service; (vi) an independent agency police service; (m) “policing committee” m eans a policing committee established under

section 28.03 or 28.04; (n) “provincial police servi ce” means the Royal Canadian Mounted Police where an agreement is entered into under

section 21(1); (

o) repealed 2010 c21 s2; (p) “regional police service” me ans a police service established under

section 24. (

q) repealed 2006 cP-3.5 s38. RSA 2000 cP-17 s1;2005 c31 s2;2006 cP-3.5 s38;2010 c21 s2; 2020 c37 s2;2022 c22 s3;2024 c6 s2(2)

Part 1 Administration Guiding principles 1.1 Policing in Alberta should be conducted in accordance with the following principles: (

a) policing should be guided by the need to ensure the safety and security of all persons and property in Alberta;

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Section 2

Chapter P-17 POLICE ACT 8 (

b) policing should safeguard th e fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Alberta Human Rights Act; (

c) there should be co-operation between the providers of poli ce services and the members of the communities they serve; (

d) when providing policing services to the public, it is desi rable for police officers to consider the health-related situations, conditions or impediments affecting an individual; (

e) it is desirable that policin g services be provided in a manner that recognizes the history and cultures of First Nations, Inuit and Metis peoples in Alberta; (

f) police services should strive to reflect the pluralistic character of society and the communities they serve; (

g) police officers at all levels should promote a culture of accountability within their roles as police officers; (

h) policing complaint processes should be objective and transparent, and should promote public confidence in the complaints process. 2022 c22 s4 Responsibility of Ministers 2(1) The Minister is charged with the administration of this Act.

(2) Notwithstanding anything in this Act, all police services and peace officers shall act under the direction of the Minister of Justice in respect of matters concerning the administration of justice. RSA 2000 cP-17 s2;2005 c31 s3;2013 c10 s34;2022 c22 s5 Responsibility of Government for policing 3 The Government of Alberta is responsible for ensuring that adequate and effective policing is maintained throughout Alberta. RSA 2000 cP-17 s3;2005 c31 s4 Minister’s responsibility for policing standards 3.1 The Minister may, subject to the regulations, (

a) establish standards for (

i) police services, (ii) police commissions, (ii.1) the Oversight Board, and

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Section 4

Chapter P-17 POLICE ACT 9 (iii) policing committees, (a.1) establish priorities for policing in the province, and (

b) ensure that standards are met. 2005 c31 s5;2005 c43 s2;2022 c22 s6;2024 c6 s2(3) Responsibility for providing policing services 4(1) As part of providing provincial policing services generally, (

a) every municipal district and, subject to subsection (6), a specialized municipality, and (

b) every town, village and summer village that has a populati on that is not greater than 5000, shall, subject to subsection (3), receive general policing services provided by the provincial police service and shall pay a cost for these services if required by the regulations.

(1.1) As part of providing provincial policing services generally, every Metis settlement shall, subject to subsection (3), receive general policing services provided by the provincial police service at no direct cost to the Metis settlement.

(2) Notwithstanding subsections (1) and (1.1), a municipality referred to in subsection (1) or (1.1) may, for the purpose of providing policing services specifically for the municipality, do one of the following: (

a) engage the provincial police service as a municipal police service under

section 22(1); (

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

section 22(3); (

c) establish a regional poli ce service under

section 24; (

d) establish a municipal police service under

section 27; (

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

section 33.75. (3) Subsections (1) and (1.1) do not apply to a municipality while it is receiving municipal policing services pursuant to subsection (2).

(4) Repealed 2005 c31 s6.

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Section 5

Chapter P-17 POLICE ACT 10

(5) A city, town, village or summer village that has a population that is greater than 5000 shall, for the purpose of providing policing services specifically for the municipality, do one of the following: (

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

section 22(2) or (3); (

b) establish a regional poli ce service under

section 24; (

c) establish a municipal poli ce service under

section 27; (

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

section 33.75.

(6) A specialized municipality is responsible for the policing of an urban service area with a population greater than 5000 within that specialized municipality in accordance with subsection (5). RSA 2000 cP-17 s4;2005 c31 s6;2019 c18 s11;2025 c14 s2 Exceptions 5(1) The Minister may (

a) exempt any part of Alberta from the operation of all or an y provision of this Act, and (

b) make any arrangements or agreements the Minister considers proper for the policing of that part of Alberta exempted under clause (a), including appointing police officers. (2) and

(3) Repealed 2005 c31 s7.

(4) When a town, village or summer village attains a population that is greater than 5000, that municipality shall assume responsibility for providing its policing services under

section 4(5) on April 1 in the 2nd year following the year (

a) in which it was determined that the municipality had attained a population that is greater than 5000, or (

b) in the case where an order is made under subsection (5), i n which the Minister is satisfied that the population of the municipality will continue to remain in excess of 5000.

(5) Notwithstanding subsection (4), if the Minister is of the opinion that the population of a municipality referred to in subsection (4) will not remain in excess of 5000, the Minister may by order exempt that municipality from the operation of subsection (4) until the Minister is satisfied that the population of the municipality will continue to remain in excess of 5000. RSA 2000 cP-17 s5;2005 c31 s7

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Section 6

Chapter P-17 POLICE ACT 11 Determination of population 6 For the purposes of this Act, the population of a municipality shall be determined by the Minister responsible for

section 1(

i) of the Local Government Fiscal Framework Act. RSA 2000 cP-17 s6;2020 c37 s2;2022 c22 s7 Hamlets, improvement districts and special areas 7 This Act and the regulations apply to (

a) a hamlet as if it were a village, and (

b) an improvement district o r special area as if it were a municipal district. 1988 cP-12.01 s7 Director of Law Enforcement 8(1) In accordance with the Public Service Act, there shall be appointed a Director of Law Enforcement.

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

a) monitoring police services to ensure that adequate and effective policing is maintained both municipally and provincially; (a.1) repealed 2022 c22 s8; (

b) developing and promoting crime prevention and restorative justice programs; (

c) developing and promoting prog rams to enhance professional practices, standards and training for police services, commissions, the Oversight Board, policing committees and the Provincial Police Advisory Board; (

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

e) consulting with and advising councils, commissions, the Oversight Board, policing committees, the Provincial Police Advisory Board, chiefs of police services and authorized employers of peace officers appointed under the Peace Officer Act on matters relating to police and policing; (

f) developing, maintaining and managing programs and statistical records and conducting research studies in respect of offences and enforcement practices. RSA 2000 cP-17 s8;2005 c31 s8;2006 cP-3.5 s38; 2010 c21 s3;2022 c22 s8;2024 c6 s2(4)

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Section 9

Chapter P-17 POLICE ACT 12

Part 2 Law Enforcement Review Board Law Enforcement Review Board 9(1) The Lieutenant Governor in Council shall establish a board to be known as the “Law Enforcement Review Board” composed of not fewer than 3 members appointed by the Lieutenant Governor in Council.

(2) At least one member of the board shall be an active member of The Law Society of Alberta.

(3) A member of the Board must be appointed for a term of not more than 3 years and, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, is eligible for reappointment.

(3.1) Notwithstanding subsection (3), a member of the Board who has been designated as the Chair of the Board may be appointed for a term of not more than 5 years.

(4) Notwithstanding that the term of office of a member of the Board may have expired, the member continues to hold office until (

a) the member is reappointed, (

b) a successor is appointed, or (

c) a period of 6 months has elapsed, whichever occurs first.

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

a) fees or remuneration, and (

b) expenses for subsistence an d travelling while absent from their ordinary places of residence in the course of their duties as members of the Board, as prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(6) If regulations under the Alberta Public Agencies Governance Act apply in respect of fees, remuneration or expenses to be paid to members of the Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing fees, remuneration or expenses under subsection (5). RSA 2000 cP-17 s9;2009 cA-31.5 s65;2022 c22 s9

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Section 10

Chapter P-17 POLICE ACT 13 Board Chair 10(1) The Lieutenant Governor in Council shall designate one of the members of the Board who is an active member of The Law Society of Alberta as Chair of the Board.

(1.1) The Chair may designate a member of the Board to be acting Chair when the Chair is absent.

(1.2) An acting Chair has all the functions, powers and duties of the Chair, unless the designation provides otherwise.

(2) If the Chair is unable to act as Chair for any reason and is unable to designate a member as acting Chair under subsection (1.1), the member in attendance with the longest period of service on the Board shall act in the place of the Chair.

(3) For the purposes of subsection (2), if 2 or more persons have an equal period of service on the Board, the member in attendance named earliest in the order appointing the members shall act in the place of the Chair. RSA 2000 cP-17 s10;2005 c43 s3 Vacancies on Board 11(1) When any member of the Board (

a) is absent from Alberta, or (

b) in the opinion of the Lieutenant Governor in Council, is b y reason of illness or any other cause incapable of performing the member’s duties, the Lieutenant Governor in Council may by order appoint a person to act in the place of the absent or incapacitated member, on the terms and at the remuneration prescribed by the Lieutenant Governor in Council.

(2) The person appointed under subsection (1) has all the rights and powers of a member of the Board and may, during the period of time for which the person is appointed, discharge the duties of a member of the Board. 1988 cP-12.01 s11 Signing of documents 12 An order or other document setting out a decision, recommendation or direction of the Board may be signed by the Chair or acting Chair and shall be admitted in evidence as proof, in the absence of evidence to the contrary, (

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

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Section 13

Chapter P-17 POLICE ACT 14 (

b) that the person signing the order or other document was authorized to do so at the time of the signing, without proof of the signature or appointment of the person signing as Chair or acting Chair. 1988 cP-12.01 s12 Board secretary 13(1) The Minister may appoint a secretary to the Board, who shall (

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

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

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

d) prepare reports required by the Minister or the Chair of t he Board.

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

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

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

b) the secretary shall be pai d expenses as prescribed by regulation for subsistence and travelling while absent from the secretary’s ordinary place of residence in the course of the secretary’s duties as the secretary to the Board. 1988 cP-12.01 s13;1994 cG-8.5 s54 Annual report 14 After the end of each fiscal year the Board shall file with the Minister a report showing the number and nature of the appeals and inquiries that it held, summaries of the findings made and any other matter that the Minister directs.

RSA 2000 cP-17 s14;2022 c22 s10 Legal counsel 15 On the request of the Board or the Chair, the Minister of Justice may appoint a lawyer to assist the Board in respect of an appeal or an inquiry. RSA 2000 cP-17 s15;2013 c10 s34;2022 c22 s11 Powers of Board 16 The Board and each member of the Board have

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Section 17

Chapter P-17 POLICE ACT 15 (

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

b) the powers given to the Board under the regulations. 1988 cP-12.01 s16 Jurisdiction of the Board 17(1) The Board (

a) may, on its own motion, c onduct inquiries respecting complaints, (a.1) shall conduct reviews of decisions of the Police Review Commission or its chief executive officer referred to the Board under

section 42.2(5) or 43(7)(b)(i), (

b) shall conduct appeals referred to the Board under

section 48 in accordance with

section 19.2, (

c) shall at the request of the Minister conduct inquiries in respect of any matter respecting policing or police services, and (

d) shall conduct appeals under

section 21 of the Peace Officer Act. (NOTE:

Section 12 of the Police Amendment Act, 2022 purports to amend

section 17 as follows: 12

Section 17 is amended (

a) in subsection (1) (ii) in clause (

b) by adding “43.5(5) or” after “section”; The amendment has not been incorporate because “section” occurs twice in

section 17(1)(b).)

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

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

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Chapter P-17 POLICE ACT 16

(3) Notwithstanding that the actions of the police officer have been referred to the Minister of Justice under subsection (2), if the Board is of the opinion that those actions also constitute a contravention of the regulations governing the discipline of police officers, the matter, as it relates to that contravention, may be proceeded with by the Board unless the Minister of Justice directs otherwise. RSA 2000 cP-17 s17;2005 c31 s9;2006 cP-3.5 s38;2010 c21 s4; 2013 c10 s34;2022 c22 s12;2024 c6 s2(5) Appeal to Court of Appeal 18 The decision of the Board in respect of a matter appealed to it under

section 43.5(5) or 48 may, (

a) within 30 days from the day that the Board gives its decis ion, and (

b) with the permission of a single judge of the Court of Appe al, be appealed to the Court of Appeal on a question of law. RSA 2000 cP-17 s18;2008 c23 s2;2014 c13 s36;2022 c22 s13 Conduct of Board business 19(1) The Board shall hold meetings as it considers necessary.

(2) The Board may hold sittings and conduct appeals or inquiries at any place in Alberta.

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

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

b) adjourn matters set down before the Board; (

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

(3.1) The Board may hold meetings, hold sittings, conduct appeals or inquiries and otherwise conduct Board business by telephone or other electronic means.

(4) Repealed 2005 c43 s4. RSA 2000 cP-17 s19;2005 c43 s4;2006 cP-3.5 s38;2022 c22 s14 Panels 19.1(1) The Chair may designate any 2 or more members of the Board, which may include the Chair, to sit as a panel of the Board and may direct that panel to conduct any appeal, inquiry or review that the Board may conduct.

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Section 19.2

Chapter P-17 POLICE ACT 17

(2) A quorum of a panel is 2 members.

(3) Notwithstanding subsections (1) and (2), where the Chair considers it appropriate to do so, the Chair may designate one member of the Board, which may include the Chair, to sit as a panel of the Board to deal with preliminary or procedural matters incidental to an appeal, inquiry or review.

(4) A decision made or action taken by a panel is a decision or action of the Board.

(5) A panel of the Board may exercise and perform all the powers and duties of the Board under this Act or any other enactment with respect to the matter it is directed to deal with.

(6) For the purposes of subsection (5), any reference to the Board in this Act or any other enactment is a reference to a panel of the Board.

(7) If the Chair is not a member of a panel, the Chair must designate one of the members of the panel to preside over the panel.

(8) When an appeal, inquiry or review is conducted by a panel and one or more members of the panel for any reason do not attend on any day or part of a day, the remaining members present may, if they constitute a quorum, exercise and perform all the powers and duties of the panel with respect to that appeal, inquiry or review.

(9) Two or more panels may sit simultaneously or at different times. 2005 c43 s5 Review and hearing 19.2(1) Prior to scheduling an appeal for a hearing, the Board shall, within 30 days of receipt of written notice of the appeal, review the written notice of appeal and the record of the hearing and may (

a) dismiss the matter if in th e opinion of the Board the appeal is frivolous, vexatious or made in bad faith, or (

b) notwithstanding

section 20(2)(b), make a decision in respe ct of the appeal based on the review of the record and consideration of the factors set out in the regulations respecting appeals, without conducting a hearing.

(2) Where the Board is unable to dismiss or conclude an appeal in accordance with subsection (1), the Board may

schedule a hearing of the appeal.

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Chapter P-17 POLICE ACT 18

(3) The Board may give directions to the affected parties in respect of a review or a hearing and may extend or modify its directions on reasonable request by a party. 2010 c21 s5 Dismissal by Board 19.3 The Board may dismiss an appeal if a direction given by the Board under

section 19.2(3) has not been complied with by a party or if a party has not responded to the Board’s direction. 2010 c21 s5 Matters governing hearings, inquiries, appeals and reviews 20(1) For the purpose of conducting an appeal or an inquiry before the Board, the following applies: (

a) a notice of the time, pl ace and purpose of the appeal or inquiry shall be served on the person who is the subject of the appeal or inquiry at least 10 days before the commencement of the appeal or inquiry; (

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

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

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

d) the Board may require (

i) the chief executive officer in respect of an investigation or a hearing conducted under

section 43.5, or (ii) the person charged with the conduct of an investigation or a hearing under

section 43.5, to produce to the Board, prio r to an appeal or an inquiry, copies of all investigation reports, statements,

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Section 20

Chapter P-17 POLICE ACT 19 correspondence or other documents or things relating to the matter; (

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

c) or (d), the Board may (

i) with respect to that per son, exercise its power of contempt as provided under the Public Inquiries Act, or (ii) where it is unable to exe rcise the power of contempt referred to in subclause (i), apply to the Court of King’s Bench for an order committing that person for contempt in the same manner as if that person were in breach of an order or judgment of that Court; (e.1) if a complainant fails to attend, to answer questions or to produce an item as required under clause (

c) or (

d) or refuses to participate or to follow processes or conducts himself or herself in an inappropriate manner, the Board may dismiss the matter; (e.2) if a witness fails to atte nd or to answer questions or refuses to participate or to follow processes or conducts himself or herself in an inappropriate manner, the Board may dismiss the witness and continue with the matter; (

f) the Board may accept any evid ence that the Board considers to be relevant to the determination of the issues and is not bound by the rules of law respecting evidence applicable to judicial proceedings; (

g) in the case where the Board is conducting an appeal, the Board may (

i) receive new evidence th at was not available, or (ii) refuse to receive new evide nce if, in the opinion of the Board, that evidence was available but not presented, when the matter was initially heard or considered; (

h) repealed 2005 c43 s6; (

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

j) all the evidence taken dow n in writing or recorded by electronic means and all documentary evidence and things received in evidence at an appeal or an inquiry form the record of the proceeding;

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Chapter P-17 POLICE ACT 20 (

k) the Board may (

i) from time to time adjourn matters that are before the Board, and (ii) in respect of an appeal, be fore or after the expiration of the time for service of a notice of appeal, extend the time for service for a further period not exceeding 30 days; (

l) an appeal or an inquiry shall be held in public; (

m) notwithstanding clause (l), an appeal or an inquiry, or an y portion of it, may be held in private if, in the opinion of the Board, it is in the public interest to do so; (

n) a person who is likely to b e affected by an appeal or an inquiry is entitled (

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

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

p) notwithstanding clause (n), in conducting an appeal the Board may with the consent of the parties to the proceeding decline to hold a hearing in respect of the appeal and base its decision on (

i) the record of the proceeding being appealed from, and (ii) the written submissions of the parties to the appeal.

(1.1) On an application for review of a decision of the Police Review Commission or its chief executive officer under

section 42.2(5) or 43(7)(b)(i), the Board shall without a hearing review the record of the proceedings under

section 42.2(3)(

a) or 43(3) or (4), as the case may be, and the reasons for the decision and may (

a) affirm the decision of the Police Review Commission or its chief executive officer, or

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Chapter P-17 POLICE ACT 21 (

b) refer the complaint back to the Police Review Commission or its chief executive officer with directions that the complaint be dealt with in accordance with

Part 5.

(1.2) If at any time after a written notice of appeal has been filed with the Board in accordance with

section 43.5(5) or 48 the parties agree to a resolution of the matter, the Board may issue an order respecting the agreement.

(1.3) An order issued under subsection (1.2) concludes the appeal process.

(2) Where the Board concludes an appeal (

a) in the case of an appeal com menced under

section 48 from a matter in respect of which a hearing was held, the Board may (

i) allow the appeal, (ii) dismiss the appeal, (iii) vary the decision being appealed, (iv) direct that the matter, subject to any directions that th e Board may give, be reheard under

section 43.5, (

v) affirm or vary the punishment imposed, or (vi) take any other action that the Board considers proper in the circumstances, a n d (

b) in the case of an appeal c ommenced under

section 43.5(5) from a matter in respect of which a hearing has not been held, the Board may (

i) affirm the decision made under

section 43.5(4)(b), (ii) direct that a hearing be conducted under

section 43.5(4)(a), (iii) direct the Police Review Commission to lay a charge under the regulations governing the discipline of police officers, (iv) direct the chief executive officer to have the matter investigated again, (iv.1) take any action required by the Peace Officer Act, or

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Chapter P-17 POLICE ACT 22 (

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

(2.1) A decision of the Board under subsection (2) must be made in writing within 60 days after the Board concludes the appeal.

(2.2) Notwithstanding subsection (2.1), the Board may extend the 60-day time period set out in subsection (2.1) on written notice in accordance with subsection (3) to all of the parties whether or not the period has expired.

(3) When the Board conducts a review, an appeal or an inquiry, the following must be informed in writing of the findings of the Board: (

a) the appellant, in the case of an appeal commenced under

section 48(1); (

b) the complainant and the police officer against whom the complaint is made, in the case of a review referred to the Board under

section 42.2(5) or 43(7)(b)(

i) or an appeal commenced under

section 43.5(5) or 48(2); (

c) the Police Review Commission; (c.1) the Oversight Board; (

d) the Minister.

(4) If the Board is of the opinion that a party or counsel to a party to an appeal or an inquiry has acted in a frivolous or vexatious manner, or where the Board considers an award of costs warranted in the circumstances, the Board may (

a) award costs against a party or counsel to a party in an amount considered appropriate by the Board, and (

b) direct that the costs refe rred to in clause (

a) be paid (

i) to any other party to the appeal or inquiry, (ii) to the Crown in right of Alberta, or (iii) partly to any other party to the appeal or inquiry and partly to the Crown in right of Alberta. RSA 2000 cP-17 s20;2005 c31 s10;2005 c43 s6;2006 cP-3.5 s38; 2010 c21 s6;2022 c22 s15;AR 217/2022;AR 75/2023; 2024 c6 s2(6) 20.1 Repealed 2022 c22 s16.

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Chapter P-17 POLICE ACT 23

Part 3 Police Services and Commissions Provincial police service 21(1) The Lieutenant Governor in Council may, from time to time, authorize the Minister on behalf of the Government of Alberta to enter into an agreement with the Government of Canada for the Royal Canadian Mounted Police to provide a provincial police service.

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

(3) The Royal Canadian Mounted Police with respect to their duties as the provincial police service shall, subject to the terms of the agreement referred to in subsection (1), be under the general direction of the Minister in matters respecting the operations, policies and functions of the provincial police service other than those matters referred to in

section 2(2). 1988 cP-12.01 s21;1994 cG-8.5 s54 Municipal policing by another police service 22(1) The Government of Alberta may enter into an agreement with the council of a municipality referred to in

section 4(2) for the provision of policing services specifically for the municipality by the provincial police service subject to the sharing of costs as determined by the Minister.

(2) Notwithstanding subsection (1), where the Minister considers it necessary, the Minister may authorize a municipality that has a population that is greater than 5000 to enter into an agreement with the Government of Alberta for the provision of policing services specifically for the municipality by the provincial police service subject to the sharing of costs as determined by the Minister.

(3) Subject to the prior approval of the Minister, the council of a municipality may enter into an agreement with (

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

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

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Section 24

Chapter P-17 POLICE ACT 24

(4) If a municipality has entered into a policing agreement under subsection (1), (2) or (3), it shall not, without the prior approval of the Minister, withdraw from or alter the type of policing service that it is receiving.

(5) Repealed 2005 c31 s11. RSA 2000 cP-17 s22;2005 c31 s11 23 Repealed 2022 c22 s16. Regional police services 24(1) Subject to the prior approval of the Minister, the councils of 2 or more municipalities may enter into an agreement to be policed by one regional police service.

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

(3) If the council of a municipality has entered into an agreement under this section, it shall not withdraw from the agreement without the prior approval of the Minister. 1988 cP-12.01 s24;1994 cG-8.5 s54 Regional police commissions 25(1) The parties to an agreement entered into under

section 24 shall, in accordance with the agreement and subject to the regulations, establish a regional police commission and appoint members to the commission.

(1.1) If the parties to the agreement have appointed (a) 3 or fewer members to the commission, the Minister may appoint one member to the commission, (b) 4 to 6 members to the commission, the Minister may appoint up to 2 members to the commission, and (c) 7 or more members to the commission, the Minister may appoint one member for each group of 3 members appointed to the commission, including any remaining group that is less than 3 members.

(1.2) Notwithstanding subsection (1.1), the Minister may appoint additional members to a regional police commission if the Minister considers it necessary, so long as the total number of members appointed by the Minister is less than 50% of the total number of commission members.

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Chapter P-17 POLICE ACT 25

(2) Subject to subsection (2.1), the appointment of a member to a regional police commission may be revoked only for cause and in accordance with the agreement entered into under

section 24.

(2.1) The appointment of a member to a regional police commission appointed by the Minister may be revoked only by the Minister at the discretion of the Minister.

(3) All persons appointed to a regional police commission shall take the oath set out in

Schedule 1. RSA 2000 cP-17 s25;2022 c22 s17 Responsibility of a regional police commission 26 A regional police commission shall, on behalf of the parties to an agreement entered into under

section 24, establish and maintain an adequate and effective regional police service under the general supervision of the regional police commission. 1988 cP-12.01 s26 Municipal police services 27(1) A municipality that has assumed responsibility for establishing a municipal police service under

section 4(2)(

d) or (5)(

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

(2) A municipality maintaining a municipal police service shall not withdraw from providing that service except with the prior approval of the Minister. RSA 2000 cP-17 s27;2005 c31 s13 Municipal police commissions 28(1) A council, other than one that is party to an agreement entered into under

section 22 or 24, that (

a) has a municipal police service, or (

b) has the approval of the Minister to establish a municipal police service, shall establish a municipal police commission.

(2) A council that has established a commission shall prescribe, subject to the regulations, the rules governing the operations of the commission.

(2.1) Subject to subsection (3), a commission shall consist of not fewer than 3 nor more than 12 members appointed in accordance with subsections (2.2) and (2.3).

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Chapter P-17 POLICE ACT 26

(2.2) The council that has established the commission may appoint, subject to the regulations, up to 9 members to the commission.

(2.3) If the council has appointed (a) 1 to 3 members to the commission, the Minister may appoint one member to the commission, (b) 4 to 6 members to the commission, the Minister may appoint up to 2 members to the commission, or (c) 7 to 9 members to the commission, the Minister may appoint up to 3 members to the commission.

(3) Notwithstanding subsection (2.3), the Minister may appoint additional members to a commission if the Minister considers it necessary, so long as the total number of members (

a) appointed to the commission does not exceed 15 members, and (

b) appointed by the Minister is less than 50% of the total number of commission members.

(3.1) For greater certainty, subsection (2.3) does not apply to a police commission for a First Nation police service.

(4) If (a) 4 or fewer members are appointed under subsection (2.2), one of them may be a member of the council or an employee of the municipality, or (b) 5 or more members are appointed under subsection (2.2), 2 of them may be members of the council or employees of the municipality.

(4.1) A member of a commission shall not be a full-time member of the commission.

(5) The council may provide for the payment of reasonable remuneration or of a gratuity or allowance to members of the commission.

(6) The term of office of a person appointed to a commission is (a) 3 years, or (

b) a term of less than 3 years, but not less than 2 years, as may be fixed by bylaw.

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Chapter P-17 POLICE ACT 27

(6.1) Notwithstanding subsection (6)(b), a person appointed to a commission by the Minister may be appointed for a term of office of up to 3 years.

(7) Notwithstanding subsection (6), a majority of the members appointed to a newly established commission shall be appointed for 3 years, and the remaining members shall be appointed for 2 years.

(8) A member of a commission is eligible for reappointment if the reappointment does not result in more than 10 consecutive years of service by that member.

(9) If a person who is a member of a council is a member of the commission, that person’s appointment to the commission terminates on that person’s ceasing to be a member of the council.

(10) The members of the commission shall, at the first meeting of the commission in each year, elect from among their members a chair and one or more vice-chairs.

(11) A member who is a member of the council or an employee of the municipality is not eligible to be elected as chair or vice-chair of the commission.

(12) The appointment of a member to a commission may not be revoked by the council except for cause.

(12.1) Despite anything to the contrary in subsection (12), the appointment of a member to a commission who was appointed by the Minister may not be revoked by the council, but may be revoked by the Minister at the discretion of the Minister.

(13) All persons appointed to a commission shall take the oath set out in

Schedule 1.

(14) Notwithstanding subsection (2.2), if a council has appointed more than 9 members to a commission prior to the coming into force of this subsection, (

a) the members that were appointed prior to that time remain as members of the commission, but the council may not reappoint a member or appoint a new member unless the reappointment or appointment complies with subsection (2.2), and (

b) the Minister may appoint additional members to the commission as if the council had appointed 9 members to the commission. RSA 2000 cP-17 s28;2005 c31 s14;2010 c21 s8;2022 c22 s18; 2023 c9 s24;2024 c6 s2(7)

RSA 2000

Section 28.01

Chapter P-17 POLICE ACT 28 Provincial Police Advisory Board 28.01(1) The Provincial Police Advisory Board is established, consisting of not more than 15 persons appointed by the Minister in accordance with the regulations, one of whom shall be designated as the Chair.

(2) A member of the Provincial Police Advisory Board must be appointed for a term of not more than 3 years and, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, is eligible for reappointment.

(3) Notwithstanding that the term of office of a member of the Provincial Police Advisory Board may have expired, the member continues to hold office until (

a) the member is reappointed, (

b) a successor is appointed, or (

c) a period of 6 months has elapsed, whichever occurs first.

(4) The Provincial Police Advisory Board must include (

a) at least one member from a First Nation, nominated by the First Nation, (

b) at least one member from (

i) a Metis settlement established by the Metis Settlements Act, or (ii) a Metis community, as defined in the regulations, nominated by the Metis settlement or community, as the case may be, and (

c) other persons prescribed by the Minister in the regulations.

(5) Notwithstanding subsection (4), the Provincial Police Advisory Board may continue to perform its duties and functions despite the vacancy of a member required by subsection (4).

(6) Each member of the Provincial Police Advisory Board shall take the oath set out in

Schedule 1. 2022 c22 s19

RSA 2000

Section 28.02

Chapter P-17 POLICE ACT 29 Powers, duties and functions of the Provincial Police Advisory Board 28.02 The Provincial Police Advisory Board shall have the powers and perform the duties and functions set out in the regulations. 2022 c22 s19 Municipal policing committees 28.03(1) A municipality (

a) with a population that is greater than 15 000, and (

b) that has entered into an ag reement with the Government of Canada for the employment of the Royal Canadian Mounted Police for the provision of policing services to the municipality shall establish a municipal policing committee in accordance with the regulations.

(2) With the approval of the Minister, 2 or more municipalities may establish a joint municipal policing committee in accordance with the regulations. 2022 c22 s19 Regional policing committees 28.04(1) Subject to subsection (2), municipalities that (

a) have a population no t greater than 15 000, (

b) have entered into an agr eement with the Government of Canada for the employment of the Royal Canadian Mounted Police for the provision of policing services to the municipality, and (

c) are located within a prescribed regional governance zone shall establish a regional policing committee in accordance with the regulations.

(2) With the approval of the Minister, a municipality referred to in subsection (1) with a population of at least 5000 but not greater than 15 000 may establish a municipal policing committee in accordance with the regulations instead of a regional policing committee. 2022 c22 s19 Members of municipal and regional committees 28.05(1) All persons appointed to a municipal or regional policing committee shall take the oath set out in

Schedule 2.

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Section 28.06

Chapter P-17 POLICE ACT 30

(2) A council that has established a municipal policing committee or the councils that have established a regional policing committee may provide for the payment of reasonable remuneration or of a gratuity or allowance to members of the committee in accordance with the regulations. 2022 c22 s19 Powers and duties of policing committees 28.06 A policing committee shall have the powers and perform the duties and functions set out in the regulations. 2022 c22 s19 28.1 to 28.3 Repealed 2022 c22 s20. Police budgets and plans 29(1) For the purposes of this section, “financial year” means calendar year.

(1.1) Every commission, in consultation with the chief of police, shall cause to be prepared (

a) estimates of all money requ ired for the financial year to (

i) pay the remuneration of the police officers and other persons employed for the police service, and (ii) provide and pay for the maintenance of accommodation, equipment and operating costs of the police service, a n d (

b) a yearly plan specifying th e level of police service and programs to be provided in respect of the municipality, and shall submit those estimates and plans to the council.

(2) In developing a budget, the council may obtain any information from the commission that may be necessary to enable it to assess the efficiency and the financing requirements of the police service.

(3) The council is responsible for establishing the total budget for the purposes of the police service, and the commission is responsible for allocating the funds provided for under the budget. RSA 2000 cP-17 s29;2024 c6 s2(9) Ministerial intervention 30(1) When, in the opinion of the Minister, a municipality that is responsible for providing and maintaining policing services is not

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Chapter P-17 POLICE ACT 31 (

a) providing or maintaining adequate and effective policing services, or (

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

(1.1) Without limiting the generality of subsection (1), the Minister, when requested to do so by a police service, a commission or a policing committee, may request a council to take the action the Minister considers necessary.

(1.2) If there is a disagreement between any police service, commission, policing committee or council relating to the provision or maintenance of policing services, one of the parties to the disagreement may refer the matter to the Minister, or the Minister may determine that it is desirable to become involved in the matter, and the Minister may do one or more of the following: (

a) commence, or appoint a person by order to conduct, an investigation; (

b) appoint a mediator to assist the parties in resolving the disagreement; (

c) make a decision to settle the disagreement and order any of the parties to take any action the Minister considers appropriate.

(2) If the council does not comply with a request made under subsection (1), the Minister may (

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

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

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

(3) Where (

a) the Minister appoints police officers for a municipality u nder subsection (2)(a), and (

b) the municipality has a police service,

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Section 31

Chapter P-17 POLICE ACT 32 the Minister may prescribe that the remuneration of the police officers appointed under subsection (2)(

a) be in accordance with any collective agreement that has been entered into in respect of that police service.

(4) The remuneration of police officers appointed by the Minister under subsection (2) and any other costs incurred under subsection (2) shall be paid by the municipality.

(5) If a municipality is in default of payment under subsection (4), the amount shall be paid by the Government and may be recovered by the Government by deducting the amount from any grant payable to the municipality or by an action in debt. RSA 2000 cP-17 s30;2022 c22 s21 Commission’s responsibility 31(1) Where a commission has been established, the commission shall, in the carrying out of its responsibilities, oversee the police service and shall do the following: (

a) establish the priorities of the police service, taking int o account the priorities for policing in the province established under

section 3.1, and report these priorities and any modification of them to the Minister within 30 days of establishing or modifying them; (a.1) report annually or on request to the Minister on the implementation of programs and services to achieve the priorities of the police service; (a.2) allocate the funds that are provided by the council; (

b) establish policies providin g for efficient and effective policing; (

c) issue instructions, as nece ssary, to the chief of police in respect of the policies referred to in clause (b); (

d) ensure that sufficient persons are employed for the police service for the purposes of carrying out the functions of the police service; (

e) develop a community safety plan in conjunction with the police service that includes a plan for collaboration with community agencies, and report annually to the Minister on the implementation of and any updates to the plan; (

f) develop, with a focus on merit and increased community engagement, a diversity and inclusion plan in conjunction with the police service;

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Section 32

Chapter P-17 POLICE ACT 33 (

g) exercise other powers and perform other duties and functio ns specified by the regulations.

(2) Subject to

Part 3.2, every police officer (

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

b) shall obey the direc tions of the commission.

(3) Notwithstanding subsections (1) and (2), a commission shall not issue an instruction to a police officer other than to the chief of police.

(4) Where an employee other than a police officer is employed for the police service, the commission may release the employee from the police service subject to the provisions of any collective agreement that applies to that employee.

(5) Where a commission has been established, the council shall not, except as permitted under this Act or the Police Officers Collective Bargaining Act, (

a) perform any function or exe rcise any power in respect of the police service that the commission is empowered to perform or exercise, or (

b) issue any instructio ns to a police officer.

(6) The council is, (

a) for the purposes of the Police Officers Collective Bargaining Act, the employer of police officers, and (

b) for the purposes of the Labour Relations Code, the employer of persons other than police officers, who are employed for the police service.

(7) The council is liable for any legal liability that is incurred by the commission. RSA 2000 cP-17 s31;2022 c22 s22;2024 c6 s2(10);2025 c18 s5 Commission inquiry 32(1) A commission may conduct an inquiry into any matter respecting the police service or the actions of any police officer or other person employed for the police service.

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Section 32

Chapter P-17 POLICE ACT 34

(2) A commission may designate from among its members a committee of one or more persons to conduct an inquiry under this section.

(3) Subject to subsection (5)(a), where more than one person is to conduct an inquiry under this section, the commission shall designate one of its members to act as the chair of the inquiry.

(4) Where a commission intends to conduct an inquiry under this section, it shall before commencing the inquiry advise the Minister of its intention to conduct the inquiry.

(5) The Lieutenant Governor in Council may by order appoint a person (

a) to act as the chai r of the inquiry, or (

b) to conduct the inquiry on behalf of the commission.

(6) Where the Lieutenant Governor in Council makes an order under subsection (5)(b), the person so appointed shall, in the place of the commission or any committee of the commission, conduct the inquiry under this

section on behalf of the commission.

(7) The persons conducting an inquiry under this

section have, for the purpose of conducting that inquiry, all the powers of a commissioner under the Public Inquiries Act.

(8) Where, from the evidence before the inquiry, the chair of the inquiry is of the opinion that there is sufficient evidence that the actions of a specific police officer constitute or may constitute a contravention of the regulations governing the discipline of police officers, the chair shall report that matter to the commission.

(9) On receiving a report under subsection (8), the commission shall proceed to have the actions of the specific police officer dealt with under

Part 5 by forwarding the matter to the Police Review Commission.

(10) Notwithstanding that a report is made under subsection (8), the persons conducting the inquiry may proceed with the inquiry but shall not make any recommendations concerning the disposition under

Part 5 of the matter in respect of which the report was made.

(11) When an inquiry is completed, the chair of the inquiry shall provide a written report of the findings of the inquiry and any recommendations (

a) to the commission, and

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Section 33

Chapter P-17 POLICE ACT 35 (

b) to the Minister.

(12) The Board shall not commence an inquiry under

section 17(1)(

a) with respect to a matter that is the subject of an inquiry being conducted under this

section until the inquiry under this

section is completed.

(13) Where the Board is conducting an inquiry under

section 17(1)(a), a commission shall not commence an inquiry under this

section with respect to a matter that is the subject of the Board’s inquiry until the Board’s inquiry is completed.

(14) The expenses of an inquiry conducted under this

section must, unless otherwise provided for by an order of the Lieutenant Governor in Council, be paid for by the council. RSA 2000 cP-17 s32;2022 c22 s23 Police officers serving outside their municipality 33(1) The Minister may at any time with the consent of the chair of a commission of a police service that is established under

section 24 or 27 direct a police officer of that police service to serve in any part of Alberta that is outside the boundaries of the area for which the commission is responsible.

(2) The commission shall be reimbursed by the Minister for the remuneration and expenses of any police officer providing services pursuant to a direction made under subsection (1). 1988 cP-12.01 s33;1994 cG-8.5 s54

Part 3.1 First Nation Police Services First Nation police service agreements 33.1(1) The Government of Alberta, the Government of Canada and one or more First Nations, or an entity representing a group of First Nations, may enter into an agreement to establish a police service to provide policing services to a First Nation reserve or group of First Nation reserves.

(2) An agreement referred to in subsection (1) must provide for the establishment of a police commission for the First Nation police service.

(3) If the Government of Alberta, the Government of Canada and one or more First Nations, or an entity representing a group of First Nations, have entered into an agreement to establish a police service to provide policing services to a First Nation reserve or group of First Nation reserves, the agreement is deemed to be an agreement entered into under subsection (1). 2020 c37 s2

RSA 2000

Section 33.2

Chapter P-17 POLICE ACT 36 Jurisdiction of First Nation police service 33.2 A First Nation police service may act as the police service only in the areas specified in the agreement referred to in

section 33.1, or any additional areas specified in amendments to that agreement made by the parties set out in that section. 2020 c37 s2 Application 33.3(1) All of the provisions of this Act apply, with necessary changes, to a First Nation police service and its police chief, police officers and police commission.

(2) If there is a conflict between this Act and the agreement establishing a First Nations police service, the agreement prevails. 2020 c37 s2

Part 3.2 Independent Agency Police Services Independent agency police services 33.4(1) On the recommendation of the Minister, the Lieutenant Governor in Council may, by regulation, establish independent agency police services for the provision of policing services to all or any part of Alberta as specified in the regulations and for any additional purposes prescribed in the regulations.

(2) An independent agency police service is a corporation, and a regulation made under subsection (1) may address any matters that the Lieutenant Governor in Council considers necessary or advisable for the establishment and operation of an independent agency police service as a corporation or for the winding up of the affairs of an independent agency police service.

(3) An independent agency police service has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person.

(4) An independent agency police service shall be, subject to

section 33.94(2), under the general direction of the Minister in matters respecting the provision of policing services to all or any part of Alberta and in matters respecting any additional purposes prescribed for the purpose of subsection (1).

(5) An independent agency police service shall perform additional duties and responsibilities prescribed in the regulations. 2024 c6 s2(11);2025 c14 s2

RSA 2000

Section 33.5

Chapter P-17 POLICE ACT 37 Appointment of chiefs of independent agency police services 33.5(1) The Minister, on the recommendation of the Oversight Board, shall appoint the chief of an independent agency police service.

(2) For the purpose of subsection (1), the Oversight Board may make more than one recommendation to the Minister, and the Minister may ask for additional recommendations from the Oversight Board, if necessary.

(3) To be eligible to be appointed as a chief of an independent agency police service, a person must be a Canadian citizen and meet the other qualifications specified by the regulations.

(4) The chief of an independent agency police service appointed under subsection (1), before commencing the chief’s duties, shall take the oath set out in

Schedule 3, with necessary modifications. 2024 c6 s2(11) Appointment of police officers of independent agency police services 33.6(1) The chief of an independent agency police service shall appoint the police officers of that independent agency police service.

(2) To be eligible to be appointed as a police officer of an independent agency police service, a person must be a Canadian citizen or lawfully admitted to Canada for permanent residence and meet the other qualifications specified by the regulations and the Oversight Board.

(3) Each police officer appointed under subsection (1), before commencing the police officer’s duties, shall take the oath set out in

Schedule 3, with necessary modifications.

(4) Subject to the regulations, the chief of an independent agency police service may establish a probationary period of service for a person who is (

a) appointed to the independent agency police service as a police officer, or (

b) appointed to or promoted to a position or a higher rank within the independent agency police service. 2024 c6 s2(11);2025 c18 s5

RSA 2000

Section 33.7

Chapter P-17 POLICE ACT 38 Duties of chiefs of independent agency police services 33.7(1) The chief of an independent agency police service is responsible for the following: (

a) the preservation and main tenance of the public peace and the prevention of crime as specified in the regulations; (

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

c) the day to day administration of the independent agency police service; (

d) the application of professional police procedures; (

e) the enforcement of policies made by the Minister with respect to the independent agency police service; (

f) additional functions prescribed in the regulations.

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

(3) The chief of an independent agency police service is accountable to the Oversight Board for the following: (

a) the operation of the independent agency police service; (

b) the manner in which the chief of the independent agency police service carries out the responsibilities under subsection (1); (

c) the administration of the finances and operations of the independent agency police service in keeping with the yearly plan or any amendments to it that the Oversight Board may make; (

d) the reporting to the Oversight Board of any information concerning the activities of the independent agency police service that the Oversight Board may request, other than information concerning individual investigations or intelligence files; (

e) the reporting to the Oversight Board and the Police Review Commission of any complaint focused on the policies of or services provided by an independent agency police service, any actions taken to address the complaint and the disposition of the complaint.

RSA 2000

Section 33.71

Chapter P-17 POLICE ACT 39 (

f) additional responsibilities pr escribed in the regulations.

(4) Repealed 2025 c14 s2. 2022 c22 s23.1;2024 c6 s2(11);2025 c14 s2 Power of chiefs of independent agency police services to release employees 33.71 Where an employee other than a police officer is employed for an independent agency police service, the chief of the independent agency police service may release the employee from the independent agency police service subject to the provisions of any collective agreement that applies to that employee. 2024 c6 s2(11);2025 c14 s2 Independent agency police service records, reports, accounts, returns 33.72 An independent agency police service shall prepare and keep records, reports, accounts and returns and submit them to the Minister in accordance with the regulations. 2025 c14 s2 Independent agency police service budgets and fiscal updates 33.73(1) An independent agency police service shall prepare budgets and fiscal updates and submit them to the Minister in accordance with the regulations.

(2) The Minister shall review a budget submitted under subsection (1) and, subject to an annual appropriation from the Legislature, allocate funds to the independent agency police service that submitted the budget.

(3) The independent agency police service that submitted the budget shall disburse the funds allocated by the Minister. 2025 c14 s2 Independent agency police service annual reports 33.74 An independent agency police service shall prepare annual reports and submit them to the Minister in accordance with the regulations. 2025 c14 s2 Independent agency police service agreements 33.75 The council of a municipality referred to in

section 4(2) or (5) may enter into an agreement with an independent agency police service for the provision of policing services specifically for the municipality. 2025 c14 s2

RSA 2000

Section 33.76

Chapter P-17 POLICE ACT 40 Independent agency police service policing committees 33.76(1) A council that has entered into an agreement for the provision of municipal policing services under

section 33.75 shall establish an independent agency police service policing committee in accordance with the regulations.

(2) An independent agency police service policing committee shall have the powers and perform the duties and functions set out in the regulations.

(3) Each member of an independent agency police service policing committee shall take the oath set out in

Schedule 2, with necessary modifications.

(4) A council that has established an independent agency police service policing committee may provide for the payment of reasonable remuneration or of a gratuity or allowance to members of the committee in accordance with the regulations. 2025 c14 s2 Independent Agency Police Service Oversight Board 33.8(1) The Independent Agency Police Service Oversight Board is established, consisting of the Deputy Minister of Public Safety and Emergency Services and up to 8 other members appointed by the Minister in accordance with the regulations.

(2) A member of the Oversight Board must be appointed for a term of not more than 3 years and, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, is eligible for reappointment.

(3) Notwithstanding that the term of office of a member of the Oversight Board may have expired, the member continues to hold office until (

a) the member is reappointed, (

b) a successor is appointed, or (

c) a period of 6 months has elapsed, whichever occurs first.

(4) Notwithstanding subsection (1), the Oversight Board may continue to perform its duties and functions despite the vacancy of a member required by subsection (3).

(5) A member of the Oversight Board shall not be a full-time member of the Oversight Board.

RSA 2000

Section 33.9

Chapter P-17 POLICE ACT 41

(6) A member of the Oversight Board shall not be (

a) a member of the Legisla tive Assembly of Alberta, or (

b) a member of an independ ent agency police service.

(7) Each member of the Oversight Board shall be a resident of Alberta and shall remain a resident of Alberta during the term of office of that member.

(8) The members of the Oversight Board shall be paid (

a) fees or remuneration, and (

b) expenses for subsistence an d travelling while absent from their ordinary places of residence in the course of their duties as members of the Oversight Board, as prescribed by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(9) If regulations under the Alberta Public Agencies Governance Act apply in respect of fees, remuneration or expenses to be paid to members of the Oversight Board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing fees, remuneration or expenses under subsection (8).

(10) Each member of the Oversight Board shall take the oath set out in

Schedule 1, with necessary modifications.

(11) The members of the Oversight Board, at the first meeting of the Oversight Board in each year, shall elect from among their members, other than the Deputy Minister of Public Safety and Emergency Services, a chair. 2024 c6 s2(11);2025 c14 s2 Powers, duties and functions of the Oversight Board 33.9(1) Subject to subsection (1.1), the Oversight Board shall oversee the policing services provided by independent agency police services, including additional duties and responsibilities performed by independent agency police services under this Act and the regulations.

(1.1) The Oversight Board shall not (

a) provide direction to any member of an independent agency police service other than the chief,

RSA 2000

Section 33.9

Chapter P-17 POLICE ACT 42 (

b) issue any instruction resp ecting policies that is inconsistent with the duties and responsibilities conferred on a chief of an independent agency police service under

section 33.7, (

c) provide any direction, policy, priority, strategy or plan to the chief of an independent agency police service respecting (

i) specific investigations, (ii) the conduct of specific operations, (iii) the discipline of any specific member of the independent agency police service, (iv) the day to day administration of the independent agency police service, or (

v) any other matters prescribed in the regulations, o r (

d) provide any direction, policy, priority, strategy or plan that (

i) requires a member of an independent agency police service to do anything or refrain from doing anything that is inconsistent with the member’s duties under this Act, or (ii) prohibits a member of an independent agency police service from collecting information for the purpose of investigating an offence or assisting with the prosecution of an offence.

(2) The Oversight Board, in consultation with the chiefs of the independent agency police services, shall (a) - (

c) repeal ed 2025 c14 s2, (

d) develop, with a focus on merit and increased community engagement, a diversity and inclusion plan in conjunction with the independent agency police services, and (

e) exercise other powers and perform other duties and functio ns specified by the regulations.

(3) Repealed 2025 c14 s2. 2024 c6 s2(11);2025 c14 s2

RSA 2000

Section 33.91

Chapter P-17 POLICE ACT 43 Accountability of police officers 33.91 Every police officer of an independent agency police service (

a) shall be subject to the jurisdiction of the chief of that independent agency police service and the Oversight Board, and (

b) shall obey the directions of the chief of that independent agency police service and the Oversight Board. 2024 c6 s2(11) Oversight Board inquiry 33.92(1) The Oversight Board may conduct an inquiry into any matter respecting an independent agency police service or the actions of any police officer or other person employed for an independent agency police service.

(2) The Oversight Board may designate from among its members a committee of one or more persons to conduct an inquiry under this section.

(3) Subject to subsection (5)(a), where more than one person is to conduct an inquiry under this section, the Oversight Board shall designate one of its members to act as the chair of the inquiry.

(4) Where the Oversight Board intends to conduct an inquiry under this section, it shall advise the Minister, before commencing the inquiry, of its intention to conduct the inquiry.

(5) The Lieutenant Governor in Council may by order appoint a person (

a) to act as the chai r of the inquiry, or (

b) to conduct the inquiry on behalf of the Oversight Board.

(6) Where the Lieutenant Governor in Council makes an order under subsection (5)(b), the person so appointed shall, in the place of the Oversight Board or any committee of the Oversight Board, conduct the inquiry under this

section on behalf of the Oversight Board.

(7) The persons conducting an inquiry under this section, for the purpose of conducting that inquiry, have all the powers of a commissioner under the Public Inquiries Act.

(8) Where, from the evidence before the inquiry, the chair of the inquiry is of the opinion that there is sufficient evidence that the actions of a specific police officer constitute or may constitute a

RSA 2000

Section 33.93

Chapter P-17 POLICE ACT 44 contravention of the regulations governing the discipline or the performance of duty of police officers, the chair shall report that matter to the Oversight Board.

(9) On receiving a report under subsection (8), the Oversight Board shall proceed to have the actions of the specific police officer dealt with under

Part 5 by forwarding the matter to the Police Review Commission.

(10) Notwithstanding that a report is made under subsection (8), the persons conducting the inquiry may proceed with the inquiry but shall not make any recommendations concerning the disposition under

Part 5 of the matter in respect of which the report was made.

(11) When an inquiry is completed, the chair of the inquiry shall provide a written report of the findings of the inquiry and any recommendations (

a) to the Oversight Board, and (

b) to the Minister.

(12) The Board shall not commence an inquiry under

section 17(1)(

a) with respect to a matter that is the subject of an inquiry being conducted under this

section until the inquiry under this

section is completed.

(13) Where the Board is conducting an inquiry under

section 17(1)(a), the Oversight Board shall not commence an inquiry under this

section with respect to a matter that is the subject of the Oversight Board’s inquiry until the Board’s inquiry is completed.

(14) The expenses of an inquiry conducted under this

section must be paid for by the Crown in right of Alberta, unless otherwise provided for by an order of the Lieutenant Governor in Council. 2022 c22 s23.2;2024 c6 s2(11) Uniforms and insignia 33.93 A member of an independent agency police service shall wear only the uniform and insignia approved by the Oversight Board. 2024 c6 s2(11) Minister’s responsibilities 33.94(1) Subject to subsection (2), the Minister shall (

a) develop policies and priorities for independent agency pol ice services,

RSA 2000

Section 33.95

Chapter P-17 POLICE ACT 45 (

b) provide general directions to the Oversight Board regardin g the operations of independent agency police services, and (

c) perform additional duties and functions provided for in th e regulations for the purposes of this Part.

(2) The Minister shall not (

a) perform the power s, duties or functions of the Oversight Board, (

b) provide direction to any member of an independent agency police service, including to the chief, (

c) provide any direction, policy, priority, strategy or plan respecting (

i) specific investigations, (ii) the conduct of specific operations, (iii) the discipline of any specific member of an independent agency police service, (iv) the day to day administration of an independent agency police service, or (

v) any other matters prescribed in the regulations, o r (

d) provide any direction, policy, priority, strategy or plan that (

i) requires a member of an independent agency police service to do anything or refrain from doing anything that is inconsistent with the member’s duties under this Act, or (ii) prohibits a member of an independent agency police service from collecting information for the purpose of investigating an offence or assisting with the prosecution of an offence.

(3) The Minister shall publish on the website of the Minister’s department the policies and priorities developed for independent agency police services under subsection (1)(a). 2024 c6 s2(11);2025 c14 s2

Part 3.2 regulations 33.95 The Lieutenant Governor in Council may make regulations

RSA 2000

Section 33.95

Chapter P-17 POLICE ACT 46 (

a) specifying for the purpose of

section 33.4(1) whether an independent agency police service may provide policing services to all or a part of Alberta and, if an independent agency police service may provide policing services to a part of Alberta, the part of Alberta to which the independent agency police service may provide policing services; (

b) prescribing additional purposes for the purpose of

section 33.4(1); (

c) respecting any matters that the Lieutenant Governor in Council considers necessary or advisable for the establishment and operation of an independent agency police service as a corporation or for the winding up of the affairs of an independent agency police service, including regulations (

i) determining or providing for the manner of determining the head office of an independent agency police service, (ii) respecting the appointment of corporate officers of an independent agency police service, (iii) respecting the size and composition of the board of directors of an independent agency police service, (iv) respecting the appointmen t of members of the board of directors of an independent agency police service, eligibility and qualifications for membership, the terms of office of members, the termination and disqualification of members, the filling of vacancies and the remuneration and expenses payable to members, (

v) respecting the designation of a chair and vice-chair of the board of directors of an independent agency police service, (vi) respecting the powers of the board of directors of an independent agency police service, including regulations respecting the ability of the board of directors to delegate those powers, (vii) respecting the bylaws of an independent agency police service, including regulations authorizing or requiring the board of directors of an independent agency police service to make bylaws respecting the general conduct, operation, management and financial matters of the independent agency police service,

RSA 2000

Section 33.95

Chapter P-17 POLICE ACT 47 (viii) respecting the financial matters of an independent agency police service, including regulations respecting (

A) the borrowing and i nvestment powers of an independent agency police service and matters relating to borrowing and investment by an independent agency police service, (

B) the giving of indemnities and guarantees by an independent agency police service, including regulations authorizing the giving of indemnities and guarantees, respecting the persons to whom indemnities and guarantees may be given and respecting any terms and conditions that apply to indemnities and guarantees, (

C) the acquisition, leasing and disposal of assets and equipment by an independent agency police service, (

D) money donated to an independent agency police service, (

E) the surpluses and deficits of an independent agency police service, and (

F) requirements relating to the preparation of the financial records of an independent agency police service, (ix) specifying whether an independent agency police service is an agent of the Crown in right of Alberta, and (

x) authorizing the Minister to wind up or provide for the winding up of the affairs of an independent agency police service; (

d) prescribing and governing, subject to this Act, additional duties and responsibilities of an independent agency police service for the purpose of

section 33.4(5); (

e) prescribing and governing, subject to this Act, additional functions and responsibilities of a chief of an independent agency police service for the purposes of

section 33.7(1)(

f) and (3)(f); (

f) respecting the records, re ports, accounts and returns of an independent agency police service for the purpose of

section 33.72, including regulations

RSA 2000

Section 33.95

Chapter P-17 POLICE ACT 48 (

i) specifying the informati on that records, reports, accounts and returns must contain, (ii) respecting the form and manner in which records, reports, accounts and returns must be kept, and (iii) respecting the time at or within which and the form and manner in which records, reports, accounts and returns must be submitted to the Minister; (

g) respecting the budgets and fiscal updates of an independent agency police service for the purpose of

section 33.73(1), including regulations (

i) specifying the information that budgets and fiscal updates must contain, and (ii) respecting the time at or within which and the form and manner in which budgets and fiscal updates must be submitted to the Minister; (

h) respecting the annual rep orts of an independent agency police service for the purpose of

section 33.74, including regulations (

i) specifying the information that annual reports must contain, and (ii) respecting the time at or within which and the form and manner in which annual reports must be submitted to the Minister; (

i) respecting the establishment of independent agency police service policing committees; (

j) governing the powers, duties and functions of independent agency police service policing committees; (

k) respecting the payment of remuneration, gratuities and allowances to members of independent agency police service policing committees under

section 33.76(4); (

l) respecting, subject to this Act, the appointment of members of the Oversight Board by the Minister for the purpose of

section 33.8(1); (

m) prescribing matters for the purpose of

section 33.9(1.1)(c)(v);

RSA 2000

Section 33.96

Chapter P-17 POLICE ACT 49 (

n) respecting, subject to this Act, other powers, duties and functions of the Oversight Board for the purpose of

section 33.9(2)(e); (

o) respecting, subject to this Act, additional duties and fun ctions of the Minister for the purpose of

section 33.94(1)(c); (

p) prescribing matters for the purpose of

section 33.94(2)(c) (v). 2025 c14 s2

Part 3.3 Transfer of Employees

Interpretation 33.96(1) In this Part and

Part 3.4, (a) “successor employer” means the independent agency police service established by the Independent Agency Police Service Regulation (AR 163/2025); (b) “transfer order” means an o rder made under

section 33.97 transferring an employee or a class of employees of the Crown in right of Alberta to the successor employer.

(2) A reference in this Part to an employment contract does not include a collective agreement or any agreement relating to a collective agreement. 2026 c5 s1 Transfer orders 33.97(1) Notwithstanding the terms of an employment contract, the Minister may, by order, transfer an employee or a class of employees of the Crown in right of Alberta to the successor employer.

(2) A transfer order must (

a) specify the employees or classes of employees being transferred to the successor employer, and (

b) set the date on which the transfer takes effect.

(3) On the date referred to in subsection (2)(b), all employees transferred by a transfer order become employees of the successor employer and cease to be employees of the Crown in right of Alberta.

(4) The employment of an employee transferred by a transfer order is deemed to be continuous and uninterrupted. 2026 c5 s1

RSA 2000

Section 33.98

Chapter P-17 POLICE ACT 50 Publication of transfer orders 33.98(1) Subject to subsection (2), the Minister may publish a transfer order or otherwise make a transfer order publicly available.

(2) The Minister must not publish or make publicly available a transfer order that includes the name of an employee being transferred by the transfer order. 2026 c5 s1 No entitlement to severance 33.99 Notwithstanding the Employment Standards Code or any other enactment or the terms of any employment contract, no employee transferred by a transfer order is entitled to severance pay, termination pay, termination notice, pay in lieu of notice or other compensation, including under the common law, as a result of (

a) the employee being specifi ed in a transfer order, individually or as part of a class of employees, if the position with the successor employer to which the employee will be transferred is substantially the same as the employee’s position with the Crown in right of Alberta, or (

b) the transfer of the employee if the position with the successor employer is substantially the same as the employee’s position with the Crown in right of Alberta. 2026 c5 s1

Part 3.4 Labour Relations

Interpretation 33.991(1) In this Part, (a) “initial bargaining agent” m eans the certified bargaining agent for the employees in the initial bargaining unit; (b) “initial bargaining unit” means the bargaining unit of the employees of the initial employer; (c) “initial collective agre ement” means the collective agreement between the initial bargaining agent and the initial employer that is in force immediately before the initial transfer date; (d) “initial employer” means the Crown in right of Alberta; (e) “initial transfer date” mean s the date on which employees or a class of employees specified in a transfer order who are in the initial bargaining unit are first transferred to the successor employer by a transfer order;

RSA 2000

Section 33.992

Chapter P-17 POLICE ACT 51 (f) “successor bargaining agent” means the bargaining agent for the employees in the successor bargaining unit; (g) “successor bargaining un it” means the bargaining unit composed of those employees of the successor employer who were in the initial bargaining unit prior to being transferred by a transfer order; (h) “successor collective agr eement” means a collective agreement between the successor bargaining agent and the successor employer continued in force under

section 33.995(1).

(2) Words and expressions defined in the Public Service Employee Relations Act and not defined in this Part but used in this Part have the same meaning as in the Public Service Employee Relations Act unless the context provides otherwise. 2026 c5 s1 Application of Public Service Employee Relations Act 33.992(1) The Public Service Employee Relations Act applies for the purposes of this Part, but where there is a conflict or inconsistency between this Part and the Public Service Employee Relations Act, this Part prevails.

(2) For the purposes of the Public Service Employee Relations Act, (

a) the successor bargaining age nt granted a certificate under

section 33.994(2) is a certified bargaining agent within the meaning of the Public Service Employee Relations Act, (

b) the successor bargaining un it is a bargaining unit within the meaning of the Public Service Employee Relations Act, and (

c) the successor collective agre ement is a collective agreement within the meaning of the Public Service Employee Relations Act. 2026 c5 s1 Successor bargaining unit 33.993 A successor bargaining unit is established on the initial transfer date consisting of the employees of the successor employer specified in the transfer order, individually or as a class of employees, who were in the initial bargaining unit prior to being transferred by the transfer order. 2026 c5 s1

RSA 2000

Section 33.994

Chapter P-17 POLICE ACT 52 Successor bargaining agent 33.994(1) The initial bargaining agent is deemed to be the successor bargaining agent for the employees in the successor bargaining unit established under

section 33.993.

(2) The Labour Relations Board shall grant a certificate to the successor bargaining agent naming the successor employer as the employer and describing the bargaining unit in respect of which the successor bargaining agent is certified as the bargaining agent.

(3) The successor bargaining agent has exclusive authority to bargain collectively on behalf of the employees in the successor bargaining unit and to bind them by a collective agreement.

(4) A certificate granted under subsection (2) is deemed to have been granted on the initial transfer date. 2026 c5 s1 Successor collective agreement 33.995(1) On the initial transfer date, the initial collective agreement in respect of the employees in the initial bargaining unit is continued in force as the successor collective agreement in respect of the employees in the successor bargaining unit.

(2) The successor collective agreement binds the successor employer, successor bargaining agent and employees in the successor bargaining unit as if the collective agreement had been signed by the successor employer and successor bargaining agent.

(3) The Labour Relations Board may, on the application of the successor employer or successor bargaining agent, amend the successor collective agreement to the extent required to give effect to a transfer order or to otherwise address a labour relations difficulty arising from the transfer order. 2026 c5 s1 Initial entities continue 33.996(1) The initial bargaining unit continues as the bargaining unit for employees in the initial bargaining unit who have not yet been transferred to the successor employer.

(2) The initial bargaining agent continues as the bargaining agent for employees in the initial bargaining unit who have not yet been transferred to the successor employer.

(3) The initial collective agreement continues in force with respect to the initial employer, initial bargaining agent and employees represented by the initial bargaining agent who have not yet been transferred to the successor employer.

RSA 2000

Section 33.997

Chapter P-17 POLICE ACT 53

(4) The Public Service Employee Relations Act continues to apply with respect to the initial collective agreement. 2026 c5 s1 Existing labour relations matters 33.997(1) In this section, (a) “employee transfer date” me ans, with respect to a specific employee or class of employees in the initial bargaining unit, the date on which the transfer of the employee or class of employees to the successor employer under a transfer order takes effect; (b) “labour relations matter” means (

i) an application, complaint or reference to the Labour Relations Board, (ii) a proceeding or other action before the Labour Relations Board, (iii) an action taken by the Labour Relations Board or an officer under

section 13 of the Labour Relations Code or

Part 2 of the Public Service Employee Relations Act, (iv) an arbitration before an ar bitrator or arbitration board under Division 22 of

Part 2 of the Labour Relations Code, or (

v) a grievance or differen ce arising under a collective agreement.

(2) Where a labour relations matter relating to a specific employee or class of employees has not been concluded, disposed of or resolved before the employee transfer date, (

a) the labour relations matter is continued on the employee transfer date, (

b) the successor employer rep laces the initial employer as a party, and (

c) the successor bargaining a gent replaces the initial bargaining agent as a party.

(3) Where a labour relations matter other than one referred to in subsection (2) has not been concluded, disposed of or resolved before the initial transfer date,

RSA 2000

Section 33.998

Chapter P-17 POLICE ACT 54 (

a) the labour relations matter is continued on the initial tr ansfer date, (

b) with respect to a labour relations matter referred to in subsection (1)(b)(iv) or (v), the arbitrator or arbitration board may declare the following: (

i) the initial employer or initial bargaining agent continue as parties to the labour relations matter; (ii) the successor employer or su ccessor bargaining agent are to be added as parties to the labour relations matter; (iii) the successor employer or successor bargaining agent are to replace any parties to the labour relations matter, a n d (

c) with respect to a labour rel ations matter other than one referred to in subsection (1)(b)(iv) or (v), the Labour Relations Board may declare the following: (

i) the initial employer or initial bargaining agent continue as parties to the labour relations matter; (ii) the successor employer or su ccessor bargaining agent are to be added as parties to the labour relations matter; (iii) the successor employer or successor bargaining agent are to replace any parties to the labour relations matter.

(4) Any directive or order of the Labour Relations Board or any arbitration award that binds the initial employer, initial bargaining agent or employee in the initial bargaining unit binds the successor employer, successor bargaining agent or employee in the successor bargaining unit, respectively, except as provided for in a directive or order of the Labour Relations Board or an arbitration award. 2026 c5 s1 Powers of Board 33.998 The Labour Relations Board may exercise its powers under

section 12 of the Labour Relations Code and

section 3 of the Public Service Employee Relations Act with respect to any matters relating to the

interpretation or application of this Part. 2026 c5 s1

RSA 2000

Section 34

Chapter P-17 POLICE ACT 55

Part 4 Police Officers Qualifications re police officers 34 Subject to

Part 3.2, to be eligible to be appointed as a police officer, other than a chief of police, a person must be a Canadian citizen or lawfully admitted to Canada for permanent residence and meet the other qualifications specified by the regulations and the commission. RSA 2000 cP-17 s34;2006 cP-3.5 s38;2024 c6 s2(12) Qualifications re chiefs of police 35 To be eligible to be appointed as a chief of police of a police service established under

section 24 or 27, a person must be a Canadian citizen and meet the other qualifications specified by the regulations and the commission. 1988 cP-12.01 s35 Appointments of chiefs of police and police officers 36(1) Subject to

Part 3.2, the commission shall, for a police service, (

a) appoint the chief of police, subject to subsection (1.1), and (

b) appoint police officers.

(1.1) The initial appointment of any individual as chief of police must be ratified by council.

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

(3) Each police officer appointed under this

section shall, before commencing his or her duties, take the oath set out in

Schedule 3.

(4) Subject to the regulations, the commission may establish a probationary period of service for a person who is (

a) appointed to the police se rvice as a police officer, or (

b) appointed to or promoted to a position or a higher rank within the police service. RSA 2000 cP-17 s36;2005 31 s16;2024 c6 s2(13) Dismissals and lay-offs of police officers 37(1) Police officers may, subject to

Part 5, be dismissed by the chief of the police service for disciplinary reasons in accordance with the regulations.

RSA 2000

Section 38

Chapter P-17 POLICE ACT 56

(2) Notwithstanding the provisions of a collective agreement, and subject to subsection (3) and the regulations, the chief of a police service may terminate a police officer from the service by serving a notice of termination to the police officer (

a) for reasons other than disciplinary reasons, or (

b) if the chief of the police service is of the opinion that the police officer is unfit to be employed as a police officer.

(3) For a notice of termination served under subsection (2) to take effect, the commission or the Oversight Board, as the case may be, must confirm the termination of the police officer within 30 days of serving the notice of termination.

(4) Subject to subsection (3), where a collective agreement provides a process for terminating a police officer for the reasons referred to in subsection (2)(

a) or (b), that process shall be used for terminating the services of a police officer under subsection (2).

(5) Sections 43.5, 47 and 48 do not apply in respect of a police officer terminated from the police service under subsection (2). RSA 2000 cP-17 s37;2022 c22 s24;2024 c6 s2(14) Authority, duties and jurisdiction of police officers 38(1) Every police officer is a peace officer and has the authority, responsibility and duty (

a) to perform all duties that are necessary (

i) to carry out the police officer’s functions as a peace officer, (ii) to encourage and assist the community in preventing crime, (iii) to encourage and foster a co-operative relationship between the police service and the members of the community, and (iv) to apprehend persons who may lawfully be taken into custody, a n d (

b) to execute all warrants and perform all related duties and services.

(2) A police officer has jurisdiction throughout Alberta.

RSA 2000

Section 38.1

Chapter P-17 POLICE ACT 57

(3) Notwithstanding subsection (2), where a commission is established in respect of a police service, the commission may restrict the territorial jurisdiction of any police officer of that police service.

(4) Where the territorial jurisdiction of a police officer is restricted under subsection (3), that police officer may, notwithstanding that restriction, carry out the police officer’s functions and exercise the police officer’s powers beyond that jurisdiction if the police officer is in immediate pursuit of a person who the police officer has reasonable and probable grounds to believe has committed an offence against any law that the police officer is empowered to enforce. 1988 cP-12.01 s38 Authority to collect, record, retain, store, use and disclose information 38.1(1) This

section only applies where a police officer has no other authority, responsibility or duty to collect, record, retain, store, use or disclose information from a member of the public.

(2) For the purposes of this section, (a) “carding” means any attemp t to collect information, including personal information, from a member of the public if (

i) any part of the reason for the attempted collection of the information is based on a prohibited ground of discrimination, the person’s socio-economic status, or the police officer’s perception that the member of the public has a characteristic associated with a prohibited ground of discrimination or a person’s socio-economic status, or (ii) the attempted collection is done in an arbitrary way, (b) “personal information” means personal information as defined in the Protection of Privacy Act, and (c) “prohibited ground of discrimination” means a person’s rac e, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.

(3) Subject to subsections (4) and (5), every police officer has the authority to collect, record, retain, store, use and disclose information, including personal information, voluntarily provided by a member of the public, obtained as a result of a non-detention,

RSA 2000

Section 38.1

Chapter P-17 POLICE ACT 58 non-arrest interaction with a police officer, in accordance with the regulations.

(4) A police officer may only collect, record, retain, store, use or disclose information, including personal information, voluntarily provided by a member of the public, obtained as a result of a non- detention, non-arrest interaction with a police officer, under this

section if that information is obtained during the course of one or more of the following activities: (

a) crime prevention activities; (

b) gathering information for the purpose of intelligence rela ted to individuals known or reasonably suspected to be engaged in illegal activities; (

c) inquiring into offences that may have been or might be committed; (

d) inquiring into suspicious activities that may lead to dete cting illegal activities; (

e) another lawful law enforcement activity.

(5) A police officer is prohibited from carding.

(6) Notwithstanding subsection (2)(a), a police officer is not engaging in carding if the police officer considers a prohibited ground of discrimination or a person’s socio-economic status as part of the reason for attempting to collect information, including personal information, from a member of the public and (

a) the police officer is seeking a particular person, (

b) a prohibited ground of discrimination or a person’s socio- economic status forms part of a credible, reasonably specific description relating to the person, or is evident from a visual representation of the person, and (

c) the description of the person consists of 2 or more prohib ited grounds of discrimination or a prohibited ground of discrimination and one or more other credible, reasonably specific descriptions relating to the person.

(7) For the purposes of subsection (2)(a)(ii), an attempted collection of information, including personal information, from a member of the public by a police officer is done in an arbitrary way unless the police officer has a reason for attempting to collect the information that complies with all of the following criteria:

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Chapter P-17 POLICE ACT 59 (

a) the reason includes details about the member of the public or the circumstances that caused the police officer to reasonably suspect that collecting information, including personal information, from the person may contribute to or assist with one of the activities referred to in subsection (4); (

b) the reason does not include either of the following: (

i) that the person has declined to answer a question from the police officer which the person is not legally required to answer; (ii) that the person has attempted or is attempting to discontinue interaction with the police officer in circumstances in which the person has the legal right to do so; (

c) the reason is not only tha t the person is present in a high-crime location; (

d) the reason complies with a ny criteria established by regulation.

(8) Personal information that is collected under this

section may be disclosed by any person, organization or public body (

a) for the purpose of complyin g with a review, reporting or other requirement to ensure compliance with the Act, regulations or standards established by the Minister or Minister’s delegate, and (

b) for other purposes as authorized by the regulations.

(9) The Lieutenant Governor in Council may make regulations respecting the collection, recording, retention, storage, use and disclosure of information, including personal information, voluntarily provided by a member of the public, obtained as a result of a non-detention, non-arrest interaction with a police officer, including (

a) defining any word or expression for the purposes of a regulation made under this section; (

b) prescribing and respecting the circumstances in which a police officer is permitted to collect, record, retain, store, use or disclose information, including personal information, or is prohibited from collecting, recording, retaining, storing, using or disclosing information, including personal information;

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Chapter P-17 POLICE ACT 60 (

c) respecting the conduct o f non-detention, non-arrest interactions between a police officer and a member of the public, including the duties that a police officer must fulfill prior to collecting information, including personal information, from a member of the public, or following the collection or attempted collection of that information from a member of the public; (

d) respecting the retention, storage, use and disclosure of information, including personal information, including the placement of that information in a police database or report and use of that database or report; (

e) respecting the establishment, implementation and review of standards regarding (

i) the collection, recording, r etention, storage, use or disclosure of information, including personal information, voluntarily provided by a member of the public, and (ii) records or reports that must be kept or made in relation to the collection, recording, retention, storage, use or disclosure of information, including personal information, voluntarily provided by a member of the public; (

f) respecting the training of any police officer who may collect, record, retain, store, use or disclose information, including personal information, voluntarily provided by a member of the public, including respecting requirements for police services to establish and implement a training program for police officers with respect to the collection, recording, retention, storage, use or disclosure of that information; (

g) respecting reviews, reporting or other requirements to ens ure compliance with the Act, regulations or standards established by the Minister or Minister’s delegate, including (

i) authorizing and respecting the disclosure and the direct or indirect collection of personal information for the purpose of a review, reporting or other requirement, and (ii) respecting actions that shall be taken to remedy any non-compliance with the Act, regulations or standards; (

h) authorizing the direct or in direct collection of personal information collected under this

section for other purposes; (

i) prescribing additional criteria for the purposes of subsec tion (7);

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Chapter P-17 POLICE ACT 61 (

j) authorizing the disclosure of personal information collect ed under this

section for other purposes as contemplated by subsection (8)(b); (

k) mandating that a police service establish a public educati on program regarding the collection, recording, retention, storage, use and disclosure of information, including personal information, including requirements for what the education program must include; (

l) respecting the review of any regulation made under this section; (

m) respecting any other matter that the Lieutenant Governor i n Council considers necessary or advisable to carry out the intent and purpose of this section. 2021 c14 s2;AR 141/2025 Liability re municipal police services 39(1) For the purposes of this section, “employee” means any civilian employee or any peace officer appointed under the Peace Officer Act employed for a police service established under

section 24, 27 or 33.1(1).

(2) The chief of police is liable in respect of a tort committed by a police officer or other employee as a master is liable for a tort committed by the master’s servant in the course of the servant’s employment, if (

a) the police officer or employee was under the direction and control of the chief at the time that the tort was committed, and (

b) the tort was committed in the performance or purported performance of the duties of the police officer or employee.

(3) The chief of police shall be treated for all purposes as a joint tort-feasor in respect of a tort referred to in subsection (2).

(4) The chief of police is liable for a tort committed by the chief in the performance or purported performance of the duties of the chief.

(5) The council, and not the chief of police, shall pay the following in respect of any action brought against the chief under this section: (

a) any damages and costs awarded against the chief; (

b) any costs incurred by the chief in respect of the action insofar as those costs are not recovered by the chief in the action;

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Chapter P-17 POLICE ACT 62 (

c) any sum payable under a se ttlement that is entered into by the council in respect of the action.

(6) Where damages and costs, or either of them, are awarded against a chief of police of a regional police service, each party to the agreement under which the regional police service is established is jointly and severally liable for any damages, costs or settlement referred to in subsection (5).

(7) For the purposes of this section, if the office of the chief of police is vacant, the police officer responsible for the direction and control of the police service shall be considered to be the chief of police.

(8) Where a civil legal action is brought against a police officer arising out of the performance of the police officer’s duties, the municipality may in respect of that action indemnify the police officer, in whole or in part, for the following: (

a) any damages and costs, or either of them, awarded against the police officer; (

b) any costs incurred and not recovered by the police officer ; (

c) any sum payable under a settlement. RSA 2000 cP-17 s39;2006 cP-3.5 s38;2020 c37 s2 Liability re other persons 40(1) For the purposes of this section, “employee” means any civilian employee or any peace officer appointed under the Peace Officer Act employed by a municipality to provide services for a police service that is providing policing services to the municipality under an agreement referred to in

section 22.

(2) A municipality is liable in respect of a tort committed by an employee as a master is liable for a tort committed by the master’s servant in the course of the servant’s employment if the tort was committed in the performance or purported performance of the duties of the employee. RSA 2000 cP-17 s40;2006 cP-3.5 s38 Duties of chiefs of police 41(1) The chief of police of a police service established under

section 24, 27 or 33.1(1) is responsible for the following: (

a) the preservation and main tenance of the public peace and the prevention of crime within the municipality;

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Chapter P-17 POLICE ACT 63 (

b) the maintenance of discipline within the police service, subject to the regulations governing the discipline of police officers; (b.1) the performance of duty within the police service; (

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

d) the application of professional police procedures; (

e) the enforcement of policies made by the commission with respect to the police service.

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

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

a) the operation of the police service; (

b) the manner in which the chief of police carries out the responsibilities under subsection (1); (

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

d) the reporting to the commission of any information concerning the activities of the police service that the commission may request, other than information concerning individual investigations or intelligence files; (

e) the reporting to the commission of any Level 5 complaint, any actions taken to address the complaint and the disposition of the complaint.

(3.1) Where the Police Review Commission is responsible for administering a Level 1, Level 2 or Level 3 complaint and a police service referred to in subsection (1) is responsible for a related Level 4 or Level 5 complaint made by the same complainant, the chief of the police service referred to in subsection (1) is accountable to report to the Police Review Commission the disposition of the Level 4 or Level 5 complaint under

section 42.2(7)(

d) or (e).

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Chapter P-17 POLICE ACT 64

(4) A commission shall not issue an instruction under

section 31(1)(

c) that is inconsistent with the duties and responsibilities conferred on the chief of police under this section. RSA 2000 cP-17 s41;2005 c31 s17;2020 c37 s2;2022 c22 s25 42 Repealed 2006 cP-3.5 s38.

Part 5 Police Review Commission, Complaints and Discipline Police Review Commission 42.01(1) The Police Review Commission is established.

(2) The Minister may appoint (

a) a chief executive officer f or the Police Review Commission, and (

b) a registrar for the Police Review Commission.

(3) The registrar appointed under subsection (2)(

b) shall have the following powers and duties, subject to the regulations: (

a) appointing and maintaining a roster of presiding officers; (

b) arranging for and administering a hearing; (

c) receiving submissions of th e record of proceedings; (

d) collecting the record of investigation of complaints; (

e) any other powers and duties set out in the regulations.

(4) The chief executive officer and registrar appointed under subsection (2) may delegate their powers to any person in the Police Review Commission.

(5) The chief of each police service (

a) shall designate a liaison to the Police Review Commission, and (

b) may delegate their powers t o any person within their own police service.

(6) For the purposes of this Part, the Minister may, in the public interest, refer a matter to the Police Review Commission.

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(7) Any employees that are necessary for the purposes of carrying out the business and affairs of the Police Review Commission may be appointed in accordance with the Public Service Act. 2022 c22 s26 Complaints 42.1(1) Subject to subsection (2), a person may make a complaint respecting the conduct of a police officer.

(2) The following persons may make a complaint referred to in subsection (1): (

a) a person to whom the condu ct complained of was directed; (

b) a person who was present at the time the incident occurred and witnessed the conduct complained of; (

c) an agent of a person referred to in clause (a); (

d) a person who (

i) was in a personal relationship with the person referred to in clause (

a) at the time the incident occurred, and (ii) suffered a loss, damage, distress, danger or inconvenience as a result of the conduct complained of; (

e) the chief of a police service; (

f) the chief executive officer.

(3) Any person may make a complaint in respect of a policy or service of a police service.

(4) A complaint must be made in writing, or in a manner that the chief executive officer considers appropriate, and must include the following information: (

a) the full name of the complainant; (

b) the complainant’s contact information; (

c) if the complaint is made by an agent of the complainant, the agent’s full name and contact information; (

d) if the complaint is in resp ect of the conduct of a police officer, (

i) the date of the alleged conduct, if known, (ii) the identification of t he police officer, if known, and

RSA 2000

Section 42.2

Chapter P-17 POLICE ACT 66 (iii) a description of the incid ent that gave rise to the alleged conduct; (

e) if the complaint is in re spect of a policy or service of a police service, sufficient information to identify the policy or service complained of; (

f) any other information reque sted by the chief executive officer; (

g) any other information prescribed in the regulations.

(4.1) A complaint shall be submitted to the Police Review Commission.

(5) A complaint may be transmitted by electronic mail.

(6) A complaint is considered to be made on the date it is received by the Police Review Commission or, in the case of a Level 4 or Level 5 complaint under

section 42.2(5), by the relevant police service, as the case may be. 2010 c21 s11;2022 c22 s27 Complaint intake and assessment 42.2(1) Subject to subsections (2) and (9), when the chief of a police service, the officer in charge of a police service, a commission or the Oversight Board receives a Level 1, Level 2 or Level 3 complaint as described in subsection (5), the chief of the police service, officer in charge, commission or Oversight Bo

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cP-17
Type	statute
Volume / chapter	P17
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8b9cb06e854d4799357a7aa1272f7a51dd73e251

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