Bill 70 — Fourth Session, 16Th Legislature, ~O Elizab~ the Legislative Assembly of Alberta Bill 70 the Police Act, 1971 the Attorney General (Legislature 16, Session 4)

L16 S4 4908

Alberta — Bills

1971 Bill 70 Fourth Session, 16th Legislature, ~O Elizab~ THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 70 The Police Act, 1971 THE ATTORNEY GENERAL First Reading Second Reading '" Third Reading Printed by L. S. Wall, Queen's Printer, Edmo,nton

BILL 70 1971 THE POLICE ACT, 1971 (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "board" means a board of police commissioners; (b) "Commission" means the Alberta Police Commis sion; (c) "c'Ouncil" means (

i) the council 'Of a city, town, village, summer village, county or municipal district, or (ii) the board of administrators of a new town; (d) "mayor" includes ,the reeve of a municipal district and the chairman of the board ofadministra'tors of 'a new t'Own; (e) "munlicipality" means a city, town, new town, village, summer village, county or municipal dist rict; (f) "police committee" means a committee of council appointed under secti'On 20.

PART 1 PROVIN'CI'AL POUCE 2.

(1) F'Or the preservation 'Of peace, order and public safety, the enf'Orcement of law and the prevention of crime, the Lieutenant Governor in Council may establish a police force to be kn'Own as the '~Alberta Provincial Police" which shall be under the control of the Attorney General.

(2) The Lieutenant Governor in Oouncil may appoint a Director who shall be responsible to the Attorney General for the general control and administration of the Alberta Provindal Police and. the employees connected therewith.

This Act would replace

chapter 278 of the Revised Statutes of Alberta 1970 with a more modern and realistic approach to the problem of lawenf.or'cement in contemporary society. It is based on recommendatiol1!seontained in the Maxted Report of February 28, 1970 and its main feature is the est'ablishment 'Of the Alberta P,olice Commission as 'an independent advisory body with addi tional powers of investigation in matters 'Of public complaint and. in 'an appellate sense, of police discipline. I. Defini Hons. 2. Provision is made fO'r the establishment of a provincial police force.

(1) Every member of the Alberta Provincial Police has the power and it shall be his duty to (

a) perform all dutie,s that are assigned to police offi cers in relati'On to (

i) the preservation of peaee, (ii) the prevention of crim·e and of offences against the l,aws lin force in Alberta, and (iii) the apprehension of criminals and 'Offenders and others who may lawfully be taken into custody, (

b) execute all warrants and perform all duties and services thereunder 'Or in relation thereto that under the laws in force in Alberta may lawfully be exe cuted and performed by clOnstlables, and (

c) perform all duties that may lawfully be performed by c'Onstables in relation to escort and conveyance of (~onvicts and other persons, and mentally dis ordered persons to or from any courts, places of punishment or confinement, hospitals or other places.

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

an Act from among the laws to be enfoced by the £orce. 4.

(1) The Lieutenant Governor in Council from time to time may enter into 'an agreement with the Government of Oanlada (

a) for the policing of all 'Or any portion of Alberta by the Royal Canadian Mounted Police, (

b) to have the R'Oyal Canadian Mounted Police (

i) aid in the administration of justice in the Province, and (ii) carry into effect the laws in force in the Province, and (

c) f'Or the payment by the Province of such .sum for the services of the Royal Canadian Mounted Police a.s is considered advisable.

(2) While an agreement under this

section is in force a reference made in this Act to the Alberta Provincia] Police 'or the pr'Ovincial police shall be deemed to be a reference to the Royal Canadian Mounted Police. 2

2 3. Powers and duties -of Provincial Police. 4. An agreement may be entered into to provide for police ser vice in Alberta by the H.C.llVLP.

PART 2 ALBE'RTA POUCiE COMMISSION 5.

(1) There shall be an Alberta Police Commission compO'sed of three persons apPO'inted by the Lieutenant GovernO'r in Oouncil.

(2) The Li'eutenant Governor in Council shaH prescribe the rates of salary to' be paid to the members of the Com mission which shall not be reduced.

(3) The members of the Commission shall be paid their reasonable Itravelling and living expenses while absent frO'm their ordinary place of residence and in the course 'Of their duties as members of the Commission.

(4) The Lieutenant Governor in CO'uncil may des1ignate one of the members of the Commission to' be chairman.

(5) In accordance with The Public Service Act there may be appointed such ,empl'Oyees as the C'Ommission con siders necessary f'Or the purpO'ses of this Act. 6. (1) 'The Commission shall in each year hold meet ings as it considers appropri,ate and the meetings shall be open to the public unlesls the Commission otherwise directs.

(2) TwO' members 'Of the Commission constitute a quorum whether 'Or not a vacancy exists in the membership of the Commission.

(3) The head offi,ce of the Commission shall be at Ed monton but it may hold sittings and conduct inquiries at any place in Alberta.

(4) All 'Orders, c'Onsents,certificates and other docu ments issued or made by the Commission shall be signed by the chairman or any member of the Commission, and) when purporting to be so signed, shall be judicially noticed without further proof. ( 5) The CommisSiion shall, after the close of each calen dar year, file with the Attorney General an annual report upon the affai:r;s of the Commission, 'and the Attorney Gener'al 'Slh/all submit the report to rbhe Lieutenant GOViernor in Council and shall then lay the report before the Legis lative Assembly if it is in sessi'On 'Or, if not, at the next ensuing sessrion. 7.

The Commission shall promote the prevention of crime and the efficiency of police service in the Province and, for the attainment of thos'e purposes, it may 1. establish and maintain 'a central inf'Ormation and statistics service and a system of rese,arch studies for the purpose of aiding the police forces in Al berta; 3

5. Alberta Police Commission created. G. Operation of ,the Commission. 7. Function of Commission. They are based on the functions of the Ontario and Quebec Police Commissions together with some specific recommendations of the IMaxted \Report dealing with local conditions. 3

4 2. consult with and advise boards of police commis sioners, police commiUees and other p'Olice authori ties and chiefs of police on all matters relating to police and policing; 3. provide to hoards of police commissioners, police committees and other police authorities and chiefs 'Of police information and advice respecting the management and operation 'Of p'Olice forces, tech niques in handling special problems and other in formation considered to be of assistance: 4. establish a system of visits by its members or em ployees to the police forces in Alberta; 5. require municipalities to pr'Ovide such lock-ups as the Commission considers necessary; 6. assist in co-ordinating the work and efforts of the police forces in Alberta; 7. determine whether a police force is adequate and whether a municipality is discharging its responsi bility for the maintenance 'Of law and order; 8. hear and dispose of appeals by members of police forces in accordance with this Act and the regula tions; 9. subject rto the approv'a,l of the AitboI'lney GelIle'r,ail, establ,ish minimum standards for the sele!ction and training 'Of municipal policemen, special constables and by-law enforcement officers; 10. develop and supervise a municipal police training program within Alberta extending from the basic recruit '0011'rse through alllievels of rin-:sen71ke train ing including specialized courses and those em bracing management, supervision 'and police ad ministration; 11. as,sist :in the development 'Of police education at the post-secondary school level; 12. establish programs and methods designed to create a public understanding of police functions and to promote police relati'Onships with the news media and the community; 13. make recommendations with respect to amend ments to this Act or its regulations and to any other enactments dealing with law enforcement; 14. subject to the approval of the Attorney Ge,ne'ral, eS'Dabl'isih a uniform bas'ic dlilsiCiplinatry code for all municipal p'Olice departments in the Province; 15. subject to the approval 'Of the Attorney General, establish and 'require the installation of an inter communications system for all or any police forces in the Province and regulate its operation and pro cedures;

16. establish rulles and procedure and pr'3;ctke for the cDntrDl Dfmatters under its administrati'On. 8.

(1) The Lieutenant GDvernDr in CDuncil may, by Drder, direct the CommissiDn to' ,inquire intO' 'and ,report to him upDn any matter relating to', (

a) the extent, investigatiDn Dr contrDl Dfcrime, or (

b) the enfDrcement ,of law, and he shall define the scope Df the inquiry ,in the 'Order.

(2) The CDmmission Dr any member thereDf designated by the~hairman may investigate, inqui're into and Te'port upDn (

a) the cDnduct Df Dr the perfDrmance of duties by any chief of police, other police office'r, cDnstable, special cDnstable Dr municipal by-law enfDrcement 'Officer, Dr (

b) the administration 'Of any pDlice fDrce, Dr (

c) the system 'Df pDlicingany municipality, Dr (

d) the pDlice needs of any municipality whenever (

e) direeted by the A ttDrney General, Dr (

f) requested by a majDrity 'Of the members Dfa bDard Dr pDlice cDmmittee respecting such matters as are unde,r the jurrl1sdietiDn 'Of rthemuIlJi;(~ipiaHty.

(3) Where the CDmmissiDn Dr any member thereDf holds an investigati'On Dr inquiry under subsectiDn (2) and re pDrts that any perSDn refe'rred to ,in clause (

a) thereof is not perfDrming Dr has not performed his duties in a man ner fittBd to' satisfy the requirements Df his positiDn, the bDard Df pDlice commissioners Dr police committee may, (

a) reduce the person cDncerned in rank and in pay in accordance with the 'rank to' which he is reduced, 'Or (

b) where the report iscDncurred in by all members Df the CDmmissiDn, and it is so recommended there in, dismiss the person concerned Dr place him on retirement if he is entitled thereto.

(4) The Commission or perSDn hDlding an investigati'On under this

section has and m.ay exercise all the p'Owers of a commissiDner appDinted under The Public Inquiries Act.

(5) The AttDrney General may, upDn the request Df the Commission, ,a,ppoint cOIunsel to' ,assist the Oommi'ssiion in an inquiry Dr investigatiDn under this section.

(6) Every person likely to' be affected by an investiga ti'On or inquiry under this sectiDn shall be afforded a rea sonable 'Opportunity to' appear and be heard either in per SDn Dr thrDugh counsel. 5

8. Inquiries. The Commission may make ,general inquiries or may deal with specific problems at the request of the Attorney General, a municipality or the public. s

(7) The Commission shall m'ake a report of its investi gation under subsection (2) (

a) to the Attorney General upon his request .or if the Commission considers it ,advisable, and (

b) to the municipal council or, where there is a board or pol,ice commi'ttee, the board or police committee of the municipality for whkh the police force is maintained.

(8) Where the C.ommi,ssion has undertaken an investiga tion under subsecti.on (2) at the request 'Of a citizen, the C.ommission shall advise the citizen of the results of the investigation.

(9) The Commission may report the results .of an in vestigation under subsecti'On (2) to any pers'On it considers appropriate. 6

PART 3 MUNICIPAL POUCE 9. Every city, town, new town and village having a population in excess of 1,500 persons is responsible for the policing of and maintenance of law and order in the muni cipality and for prDviding and maintaining an adequate police foroe in accordance with the police needs of the municipality. 10. The obligation of a municipality to provide and maintai,n 'a police fo~ce may be dis1chargoo, (

a) by the appointment of ,the members of the police force by the board of police commissioners under

section 18 of this Act; (

b) by the appointment of the members of the police force by the council under

section 20, or (

c) by entering into an agreement under

section 34 and not otherwise. 11.

(1) Where the Commission finds that a city, t'Own, new t'Own or village mentioned in secti'On 9, or any 'Other municipality that maintains its own police f'Orce, is n'Ot pr'Oviding or maintaining an adequate or efficient p'Olice fDrce Dr nDt c'Omplying with this Act Dr the regulati'Ons, it may ,communicate with the municipal secretary, and, where there is a hoard, the bDard, indicating that the pDlice force is nDt ,adequate Dr efficient Dr that the prDvisi'Ons 'Of this Act or the regulations are not being complied with and re· questing the 'cDuncil 'Of ,the municipality, and, where there is a board, the board, to take such steps as the Commission considers necessary.

(2) Whe,re the cDunoil neglects Dr refus,es, and, where there isa board, the board neglects Dr refuses t'O c'Omply with a request made under subsection (1) the Attorney General shall direct the munkipality to' remedy the neglect Dr refusal and ;if the munidpal1ity neglects or refuses t'O so act, the AttDrney General may appDint municipal con stables for that municipality at such salaries as he c'On stiders prDper Dr do any other thing necessary t'O create an adequate and efficient pDlice force within the municipality.

(3) The salaries 'Of munioipal oonstables apP'Ointed by the Attorney General and any 'Other costs incurred under subsecti'On (2) shall be paid by the municipality and in de fault 'Of such payments, the amounts shall be paid by the Attorney General and may be deducted from any grant pay able out of provincial funds :tD the municipality or may be recovered with 'costs by action in any cDurt of competent jurisdiction as a debt due to' Her Majesty in right of Al berta. 7

9. Municipalities responsible for maintaining police force. 10. Methods of establishing municipal police forces. II. Failure by municipality to provide an adequate and compe tent police force may be remedied by the Attorney General. 7

(1) Every city and any town, new town, village or hamlet having a population of 5,000 persons Dr mo're accordiing to its llalst r1evised laissessment ,DoH slbaJhl, by by l,aw, provide fOir a boalrd 'Of poliJce com,misls:iOlners.

(2) Every town, new town, village or hamlet having a popultation of at least 1,500 pemOIlJS but not Iles:8, than 5,000 persons may, by by-law, provide for a board of police commissioners.

(3) A board sihaM, at the option of the munic'ip1al clOundl, consist of either (

a) two persons designated by the A,tmorney General 'anld 'One mlemhe,r of tJhe munkipal council, or (

b) three per:sons desigmated by the Atto~ney Gen elr1al and two members of the munilCipal IcouncH but in e,i~her event no member of tbe munlidpial council shalm be ebairmau of the board.

(4) Where.a vacancy occurs 'On the board by reas.on of the death of a member appointed by the Attorney General or when the member is unable to 'carryon h~s duties as a member of the board by ~eason of his illnes'S or absence, the Attorney Gener,al m,ay ,appoint some 'Other person to 'aot 'as a member 'Of the board edl:Jher in pl1alce of lOT during the incapacity of the member he replaces.

(5) The council may provide f'Or the payment of a rea sonable remuneration, being not less than the minimum presoribed by the regulations, to the members of the board who are not members of the municipal council and may provide for the payment 'Of an allowance to the members of the hoard who are members of the council. 13. The council by by-law may prescribe (

a) the powers and duties to be 'exercised by the board, 'and (

b) the rules and regulations governing proceedings of the board, and the board shall have sole jurisdiction over the matters so delegated to it. 14.

(1) The board must hold at least one me,eting every three months and shall elect a chakman at its first meeting ,in each year.

(2) A majority of the m'embers of the board constitutes a quorum. (3) lVleetings of the board shall be open to the public, but all mwtteTls rellating to d'iisidpHne, perlslOnnel conduct, contract negotiations and secudty 'Of police operations shall be00nducted in private meetings.

(4) Any complaint respecting a member of the muni cipal police forc'e must be in writing :signed by the corn- S

12. Boards of police commissioners. 13. Powers and duties of the board. 14. Meetings of the board. 8

plainant, and shall be Ireferred by the board to the chief of police for investigation and report, unless he is the sub ject of the 'Compl'wint, in whi'ch oase it sba!N be dealt wi'bh by the board.

(5) A member of a municipal polke for0e found guilty of an offence under subsection (4) may appeal the finding or the punislhment :imposed, 011' both, to the Board, unles'S the by-l:aw p~ovides, tihiat the ,appeal slhiaU be di,rectly to the Gommis:si,on or unless the 'appeal is from a delCdslion 'of the boa,rd, in wh'ieh calse the 'appeal shall be :to the Gom'mission and in 'appeals to the Commils1s,ion :bhe pro vislions of slection 33 apply.

(6) Except when communicating a decision of the board, no membHr thereof shall issue or purport to issue any order, di'rection or linstruction to any member of the municipal police foroe relative to his duties as a member of the force. 15. The board has and may exerdse all the powers of a commissioner appointed under The Public Inquiries Act. 10.

The by-law constituting a board for a town, new town, village or hamlet having a population of at least 1,500 and less than 5,000 persons, may, with the consent of the Attorney General, be repealed and, if so repealed, the board is dissolved on the flk!st day 'Of J:amurury next after the passing of the repealing by-law. 17. Subject to :sectlion 7, el,ause 7 the police fOlice ]n a municipality having a hoard shall 'c'Onsist of a chief of poli'ce land I3.JS m1any oonlstablels and other offi08rs and assist 'ants and ,Cliviili'a:n employe'e,s as, ma:y be oonsidered neces sary from time to time by ,the board.

(2) Every board shall, each year, on a date to be specified by the eouncil, submit to the council for its consideration and approval its estimates of all moneys required for the year to pay ,the remuneration of the members of the police force and to provide and pay for the la 0commodation , arm's, equipment and other things for the use and maintenance of the force. 18.

(1) The board is responsible for the policing and maintenance of law and 'Order in the municipality.

(2) The members of the police force in a municipality having a board shall be appointed by the board.

(3) Every member of the police force of a municipality, however appointed, is, from and aft,er the pas,sing of a by law establishing a hoard, subject to the jurisdiction of the board to the same extent as if appointed by the board and shall ohey its lawful directions. 19. Eaich member of the police force, before entering upon his duties, shall take and subs'cr,ibe the official oath prescrihed by The Oaths of Offi'0e Act. 9

15. Powers of the board. 16. Repeal of by-law constituting a board. 17. Ma:ke-up of and provision for force. 18. Police f'orce subject to the board. 19. Oath of office. 9

(1) Where a munli'Ciplallity hals established a poliloo force and does n'Ot have a board as set out in

section 12 subsection (2), and is not required to do so by this Act: the mayor is relspo'lllsihle for 1jbe plOlking and marin tenance of law and order within the municipality and the members of the police force shall obey his lawful direc tions.

(2) The mayor may delegate this authority to another member of the municipal council, 'Or he may form a pol,ice committee of not more than three perslons.

(3) A police committee as designated in subsection (2) shall consist of (

a) one member 'Of the municipal <council, (b) 'One member appointed by the Attorney General, and (

c) one member ,of the public if there are three mem bers on ,the committee.

(4) The provislions 'Of this Act relating to boards apply with all necesslary modifications to police 'committees ex cept that the members of the poUee force in a municipality to which this

section applies shall be appointed by the council. 21. Subject to s,ection 20, nocouneil may appoint any committee to assist or advise a board, p'Olice committee 01' chlief of police. 221. The Attorney General for Alberta is the constituted authority f.or the 'admin:istJI'IatilOn IOf justJi1ce withlin Ibhe Pro vince and nothing contained in this Act shall be construed to change or alter this responsibility. 23.

(1) Notwithstanding the right of a municipality to direct its own police 'operations, the function of any board or police cOl11mittee shall primarily relate to the adminis trwtive direction, org'laniz1ation and polky ~equh}ed to main tain an 'efficient and adequate police force.

(2) Except when inconsistent with the provisions of this Act, the actual day to day direction of the police force wHh respect to the enforcement of law ,and the mainten ance of discipline wQthin the force shall rest with the chief of police or person acting for him. 24.

(1) The -council shall provide police lock-up accom· modation adequate for the requirements of the munici paUty. 10

20. police commHtees. 21. Other committees prohibited. 22. Responsibility of Attorney General. 23. Administratiol1of police operations. 24. Municipal lock-ups. 10

(2) Any perSDn authDrized by the AttDrney General shall ,be permi,tted access ,at any time tD any prisoner clOnfined in a municipal pDlice lock-up. 25.

(1) A m'll'nieipaldty shall provide 'and a member 'Of 'uhe munkipa:} pol!i'ce foree slhrall w,sar only such unifoll'TIls 'and insigni<a as 'a,re apprDved by -the CDmmi8is'ion. (2) lfthe Commission is of rtJhe 'Opinion that the unif'Orm 'Or the insignia. worn or di'spllayed by Ulny pe'rlSOIn or used by 'any organizatilOn is SIO siimHar tD that 'authorized by tlhe Gommislslion fDr rtlbe use 'Of munidpal constables thralt the public nlay be nlisled, the CDnlmission may, by 'Order in wrilting 'Served by oDdinary m!ali:l, reqlri'r:e 8UClh per'son Dr organiz'ation tD des!ist f'rom tihe use 'Of sueh uniflOrm Dr insignria.

(3) Any perlson or O'rg,am.izatilOn whicih faiLs tD comply with 'an order under ,subsectiDn (2) is guilty of 'a;n offence and liable on

summary conviction tD a fine 'Of nDt mDre rbhan $100 'and in the ea:se of an lindividual to imprison ment fDr a te1rm of not mor1e than 30 days in defa!ult. 2-6.

(1) A member 'Of a. municipal pohce fo~()e ha:s all the pDwers and duties 'Of a member 'Of the provincial police fDrce under

Part 1, (

a) within the limits 'Of the territDry fDr which he is apPDinted, and (

b) within the PrlOvince when he is acting at the re quest .of (

i) the A ttDrney General, Dr Oi) the ClOmmissiDn, .or (iii) a member 'Of the prDvincial pDlice fDrce.

(2) NDtwithstanding subsection (1) a member 'Of a city pDlice flOrce may act outside the bDundaries .of the city in the execution 'Of his duties as a member 'Of that fDrce and fDr such purpose has, within Alberta, all the pDwers 'Of a member .of the prDvincial plOlice fDrce.

(3) The Attorney GellieDal or the chairman 'Of the Alberta PDlice ClOmmissiDn may at any time, with the ver· bal or written 'Consent IOf rtlhe Clhiailrmam of the board where there is 'One, .or if nDne 'Of the maYDr 'Of a municipality) direct a member 'Of the municipal pDlice fDrce tD serve in any part 'Of Alberta lOuts,ide the blOundaries 'Of the muni cipality.

(4) The municip!ality shall be reimhursled by the Attor ney General flOr the salaries and expenses .of any member 'Of the municipal plOlice fDrce serving 'Outside the munici pality pursuant tD 'a d~'reciJion under slection (3). 11

25. Municipal police to use approved uniforms and insignia only and no other person to use anything similar. 26. Jurisdiction and powers of municipal police 11

(1) The AttDrney General shall notify the chair man of the boa:~d where tlhere ils 'One, lOr if none :bhe mayor of the municipality involved either verbally or by wdting if he assumes the directi'On of police adminisitration w1thi~ a municipality lOr the conduct IOf the investigation of a crim·e committed in or in the vicinity 'Of the municipality and thereafter a member of the municipal police force ., (

a) shall render to 'the Attorney General 'Or any mem ber of the prDvincial p'Olk'e force ,charged with the investigatiDn 'Or prosecution of the crime all pos sible as sli srtance and information, and (

b) shall carry out and obey the orders of the Attorney General or member of the pr'Ovincial police force, as ,the case may be.

(2) A m'ember of a municipal police force shall, upon the request of the Attorney General, deliver to any person named by the Attorney General all warrants, papers, ex hibits, photographs and other information or records in hi~ possession or under his control dealing with any criminal case 'that is the subjelct 'Of investigatiDn by the provincial police force. 28.

(1) The '0hief of police or, in the Ciase of a compLaint against Ithe ,chief, the bOialfld, or the oouncil where tJhere is nlO bOlard, m'ay investigate the I()onduct of any memher of the po}i,()€, fO'~ce 'either of its own motilOn or in clOnneetion with a chiarge of negligence or misl()ond'Uct.

(2) FlOr the purposle IOf the in~esrtigatiOin the clhief of police, the boa:rd or :tihe council, 'aIS ,the clase may be, hats all the plOwers· and authority for ,c1ompelling witnesls'es to attend and testify under oath I{)olfloerllling the subje1ct m!attter of the i1nvestig"ation, for presle'rving order and fDr plUniislhing f'Or '00llltempt that may be exerlci:sed by a mlagis1mate 'Or justioe of the peace in respect of 'criminla:l or quasi-lcrimi1ool matters being heard before him. 29.

(1) The chief of police shall maintain disd pline in the force by applying the penaltiels sert out jn the regu}ta tions ag'lainst memhers of the fOflce guilty of breaCines of duty or dli'Seiptline or 'Of the requi1rements: of any rules applic able to the members of the police force.

(2) When a chief of police has imposed a fine for a breach of duty or discipline upon a m'ember of the force he may dir:e'ct that in absenee .of payment .of the fine it may be deducted from the pay of the member in a lump slUm or by i,nstalments 'as the chief of poltice may dirrect. 30. The chief of police may delegate authority to an .other .officer 'Of the force to hear charges against members 12

27. Provincial police may assume investigation. 28. Investigation of police conduct. 29. Chief of police shaLl enforce discipline. 30. Chief of police may delegate discipline ,authority subject to his review. 12

of the force for breaches of duty or discipline but in such cases the 'chief of police shall review the decision and punishment awalrded within seven days and the chief of poli,ce may either confirm or reverse the finding and he may confirm, mitigate or commute any or all punishments imposed and shall f'Orthwith notify lin writing the member concerned of his decisiion. 31.

(1) A member O'f a municipal police force found guilty of 'aill offence under

section 28, 29 or 30 m:ay appeal the finding 'Or the punishment imposed, 'Or both, (

a) where there is a board, to the board, or (

b) where there is no board, to' the council.

(2) The appeal may he made by serving a notice thereof in writing upon (

a) the chief of police, and (

b) whooe there is a board, 1jhe secretJa'ry of the board, or (

c) where there is no board, the municipal slecretary, not latelr than 15 days after the time the appellant re ceived nO'tice of the decision from which he is appealing. 32. The board or eO'unCliI, as the case may be, shall hold a new hearing at which time the member involved and the chief of PO'I,ice have a right to appear and make represen tations in person or through counsel and it may confirm or reverse the finding or eonfirm, mitigate or C'ommute any or all punishments imposed ,and shall forthwith notify in writing the member involved of its decision. 33.

(1) There is a further right of appeal t;o the Com missi'On by the chief of police or a member of the force affected by ,the decision of the board or council.

(2) Such appeal shall be in writing directed to the chair man of the Alberta PoHce Commissi'On and shall s'et forth the details of the pUlllilshm'ent imposed and the grounds on which the appeal is based.

(3) The notice of appeal shall be served 'On the s'ecre tary of the board, where there is a board, or where there is no bO'ard, on the clerk of ,the municipality, and the Com mission, not later than 15 days after the time the appellant receives 'notice of the decision from wh'ich he is appealing.

(4) Where a noHee 'of appeal is served on the secretary of the board or the municipal secretary, the board or com mittee of council shall forward to the Commission the original charge sheet with particulars of the finding and the punishment imposed, if any. 13

3 I. Right ,of appeal to board or 'council. 32. Board or council to hold hearing de novo. 33. Appeals to Commission. 13

(5) The Commission S'hall decide the appeal from th'~ record but may, in spedal circums'tances, hear such evi dence as the Commission consider,s advisable.

(6) At the hearing 'Of the appeal, the member involved, the 'chief of police, and the board or council, as the case may be, are entitled to appear and he heard and to be rep resented by counsel 'Or agent.

(7) On an appeal from .any finding or the punishment imposed, or both, the Commission may (

a) disJnliSis the appeal, or (b) 'allow the appeal, or (

c) vary the punishment imposed, o~ (

d) affirm the punishment imposed, or (

e) substitute a decision that in its 'Opinion should bave been r'eached, or (

f) order a new hearing of the charge.

(8) The deciS'ion 'Of 'the Commission is final. 34.

(1) Subject to the prior approval of the Attorney General, the 'CloU'ndl of any !City, town, new town, village or hamlet having a population of not less than 1,500 and not more than 15,000 may enter into arrangements with the Government of Canada for the use or employment of the Royal Canadian Mounted Police, 'Or any portion there of, in policling the municipality and in enforcing the laws of the municipality, and may, ~n any such arr'angement, agree upon and determine the amount 'Of money to be paid by the municipality f'Or such services.

(2) No municipality may make ac'Ontriact, otherwise than in accordance with subsection (1), to authorize any person to provide p'Olice services within the municipality. 35.

(1) Where, pursuant to

section 34 an agreement exis.ts between a municipaHty and the Government of Can ada for the use or employment of the Royal Canadian Mounted P'Olice for policing the municipality and enforc ing the laws of the municipality and, wher,e the munic;i paHty has a board 'Or police comm'lttee as provided f'Or in

section 12 or

section 20, the provisions 'Of sections 17 to 33 do not apply but the board or committee, as the case may be, shall act in an advisory capaclity to the senior member of the R'Oyal Canadian Mounted Police located in the muni cipality and to the Attorney General and Oommission with respect to the policing of the municipality.

(2) Where such a policing agreement does exist, matters of negligence or misconduct on the part of any member of the Royal Canadian Mounted Police employed under the agreement slhall be refeT1r1erd by the board lOr mayor, ras the case may be, to the Commanding Officer of the Royal Cana dian Mounted Police in Alberta lin writing and a copy of such correspondence shall be directed to the Commission. 14

34. Municipality may contract to have Royal Canadian Mounted Police but no one else provide police services. 35. Certain sections do not apply when R.C.M.P. is policing municipality. 14

PART 4 GENE!RAL 3'6.

(1) The Attorney General mlay (

a) appoint such spedal constables as he considers necessary, (

b) define the offioes, positions, territorial jurisdiction and duties of special constables, and (

c) make rules and regulations governing the offic~, position, duties and <conduct of special constables and any other mla tter concerning special constables.

(2) The Attorney General may confer power to appoint special ,constables upon the Commission. 37. The council of any municipalHy may, with the approval of the Attorney General 'Or of any other person designated by the Attorney General to so act, appoint one Dr more by-law 'enforcement officers WhD ,shall have the authority lof a peace offieer only with respect to the en forcement of the by-laws of the municipality. 38.

(1) The appointment Qf every special constable or by-law enforeement 'Officer shall be in writing and shall state clearly the territorial jurisdiction and duties of the special constable 'or by-law enforcement officer and his authority as a constable or peace 'Officer shall only be as so stated.

(2) The terr.itorial jurisdiction of a by-law enforcement offieer shall be restrkted to the boundaries of the muni cipality to which he is appointed.

(3) Every special constable Dr by-law enforcement 'Officer, before entering upon his duties, shall take and sub scribe the 'Official oath prescribed by The Oaths 'Of Office Aet. 39.

(1) An laubhoTlity empowered vo 'appoint members 'of la polke fDree may appoint auxiliary members in a numhelr approved by the Attorney Gellle~al, and may sus pend or te~minlate any such apP'Ointment.

(2) Where an emergency exi;g,ts or where the members 'Of a police force are not ,adequate to 'meet a s'pdal occaJsion, the chief of poHce may auriJhorize 'auxH'iary m,embers 'Of the force to perform poliee duties, and whHe S'O 'oothorized an 'auxilE,ary member becomes 'a constable and has author ity to lact a,s a 'fegula'r membe,r 'Of the fOTce. 40.

(1) The Lieutenant Governor in Council may make regulati'ons : 15

36. power to appoint special constables. 37. By-l'aw enforcement officers. 38. Jurisdiction of special constables and of by-law enforce ment officers. 39. Auxiliary police. 40. Regulations. lS

1. for the government of police for·ces and governing the conduct, duties, suspension and dismissal of members 'Of police forces; 2. governing the qualificati'Ons for the appointment of persons to police forces; 3. governing the qualifications required for appoint ment as speClial c'Onstable 'Or by-law enforcement officer; 4. prescribing the minimum remuner'ati'On to be paid by a municipality to members of boards who are appointed by the Att'Orney General; 5. providing for 'Or granting financial aid t'O and the administrati'On and c'Ourse 'Of study rin a police train· ing school; 6. pres'cribing the procedures for deal'ing with com plaints respecting the conduct or perf'Ormance of duties by members of police forC'es, special eons tables and by-'ltaw enforce!ment offlioers; 7. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) Any regulation made under the authority of sub se'cHon (1) may be general 'Or par'ticular in its application. 41.

(1) The Attorney Generalm1ay mlake regul'ations: 1. prescr1ibing the minimum number 'Of members of police forces that shall be employed either upon a basis of population, area, pr'Operty assessment, or any combination thereof, or upon any other basis: 2. prescribing requir'ements respecting clothing and equipment to be furnished by municipalities; 3. prescribing or regulating the number of meetings to be held by boards; 4. pres.cribing c'Ourses of training for members of poliee forces; 5. prescribing the records, returns, books and accounts to be kept and made by p'Olice forces or the mem bers thereof; 6. p1rescribing the method of accounting for fees and costs and other money that comes into the hands of members 'Of police forces.

(2) Any regulation made under the authority of sub section (1) may be general or particular in its applica ti'On. -'+2. The Highway Traffic Act is anwnded as to

section 2 by striking out clause 22 and by SUbstituting the following: 16

41. Regulations. 42. Special constables no longer automatically peace officers under The Highway Traffic Act. 16

22. Hpeace offioer" m,eans a member of the Royal Cana dian Moun1;ed Police, 'a m1emher of a municipal poli1ce force OT an inspector of tfue Inspection Ser vice Branch 'Of the Depwrtm'enrt orf Highways ood '".Dm'lltsporl; 43. The Municipal Government Act is amended by strik ing out sections 94 to 102 and the heading preceding sec tiorn 94. 44. The Police Act is repealed. 45. This A1ct 'come into for:ce 'On July 1, 1971. 17

43. The Municipal Government Act, being

chapter 246 of the R.S.A. 1970 is amended. The subject matter is contained in this Bill. 44. This Bill repeals

chapter 278 of the Revised Statutes of Alberta 1970. 17 Title: 1971 (16th, 4th) Bill 70, The Police Act, 1971

Document details

Collection	Alberta — Bills
Citation	L16 S4 4908
Type	bill
Volume / chapter	L16 S4 4908
Language	en
Format	json
Source	PROVINCIAL
Identifier	ed650b026cdc9a19f6db29423d600aa83d864c39

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