British Columbia Order in Council — Order under Police Amending BC Reg (O.C. 874/2000)

O.C. 874/2000

British Columbia — Orders in Council

e Executive Council Presiding M PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 8 7 4 , Approved and Ordered 1 5 2000 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) B.C. Reg. 203/98, the Police Firearm Regulation, is amended as set out in sections 1 to 10 of the attached Schedule, (

b) section 12 of B.C. Reg. 203/98, as re-enacted by

section 11 of the attached

Schedule comes into force on a date prescribed by the minister, and (

c) B.C. Reg. 385/99, the Stl'atl' imx Tribal Police Service Operations Regulation is amended in

section 6 by striking out "the Police Firearm Regulation," and substituting "the Use of Force Regulation". ttorn: General and Minister Responsible for uman eights (7his

part is .for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Police .4ct, R.S.B.C. 1996, c. 367, s. 74 Other ( specify):- 0.c. 722/98 \ 54NO 9 April 12, 20(

X) resub# 460 /2000/09/

SCHEDULE I The title of the Police Firearm Regulation, B.C.Reg. 203/98, is repealed and the following substituted: Use of Force Regulation . 2

Section 1 is amended (

a) in paragraph (

b) of the definition of "chief constable" by striking out "designated policing unit" and substituting "designated policing or enforcement unit", (

b) by adding the following

definitions: "director" means the Director of Police Services, Ministry of Attorney General; "intermediate weapon" means any weapon other than (

a) a firearm used as described, authorized or specified under

section 3, or (

b) a weapon that when used in its ordinary and intended manner is as likely to cause serious bodily injury or death to a person as a firearm referred to in paragraph (

a) and includes a firearm used with ammunition designed to be discharged at a muzzle velocity not exceeding 152.4 metres per second whether or not the Eireann is described, authorized or specified under

section 3; "police force" includes a designated law enforcement unit established under

section 18.1 of the Act;, (

c) in the definition of "firearm" by striking out "section 84 (1) of the Criminal Code (Canada)" and substituting "section 2 of the Criminal Code (Canada)", and (

d) by repealing the definition of "supervisor" and substituting the following: "supervisor" means a police officer in charge. 3

Section 2 is amended (

a) by striking out subsection (1) and substituting the following:

(1) This regulation does not apply to the provincial police force., (

b) in subsection (2) by striking out "and 9" and substituting "and 12", and (

c) by adding the following subsection:

(3) Sections 5, 6 (1) and (2), 7 (1) and 8 do not apply to the discharge of a firearm using bean bag ammunition. 1 of 4

4 The following

section is added: Use of force coordinator and advisory committee 2.1 (

I) The director must appoint a use of force coordinator to coordinate the development of use of force policy under

section 11.

(2) The use of force advisory committee is established, consisting of the following: (

a) the director as chair; (

b) representatives from police forces designated by chief constables; (

c) others as designated by the director.

(3) The use of force advisory committee must meet at least twice each year and may make recommendations respecting use of force policy. 5

Section 3 is amended (

a) in subsection (5) by striking out "has received instructions on, and is competent in, its lice." and substituting "has completed a training course and been qualified or requalified on its use under

section 10 (1).", and (

b) by adding the following subsection:

(7) Despite subsections (1) and (2), in relation to a designated policing or law enforcement unit, the director may specify the type of firearm and ammunition that is to be used, 6

Section 4 (2) is repealed. 7

Section 5 is repealed and the following substituted: Use of firearms 5 A member of a police force who is authorized to use a firearm under

section 3, may discharge that firearm if it is reasonable and necessary to do so and in accordance with the protections and authorizations provided by

section 25 of the Criminal Code (Canada). 8

Section 6 is amended (

a) by repealing subsection (2) (

b) and substituting the following: (

b) submit a report to the chief constable which may include recommendations. , (

b) in subsection (3) by striking out "as a result of the discharge of a firearm" and substituting "as a result of the discharge of a firearm or the use of an intermediate weapon", and (

c) in subsection (4) by striking out "board" and substituting "board and notify the director". 9

Section 7 is amended page 2 of 4

(

a) in subsection (2) by striking out "as a result of the discharge of a firearm" and substituting "as a result of the discharge of a firearm or the use of an intermediate weapon", (

b) in subsection (2) (

a) by striking out "board," and substituting "board and the director,", and (

c) in subsection (3) by striking out "from another police force, including the provincial police force". 10

Section 9 is repealed and the following substituted: Intermediate weapons 9 A member of a police force may carry and use an intermediate weapon if (

a) use of the intermediate weapon has been approved by the director and a chief constable, and (

b) the member has completed a training course and been qualified or requalified on its use under

section 10 (2). Training and requalification on the use of force 10

(1) Each member of a police force who is authorized to carry and use a firearm must complete a training course approved by the chief constable and qualify on the firearm and must, thereafter, requalify on the firearm within a period specified by the police force which must not be less that once each year.

(2) Each member of a police force who is authorized to carry and use an intermediate weapon must complete a training course approved by the chief constable and qualify on the use of the intermediate weapon and must, thereafter, requalify on the use of the intermediate weapon within a period specified by the police force.

(3) Each member of a police force must complete a training course approved by the chief constable on the use of force model and techniques and qualify on the use of force model and techniques and must, thereafter, requalify in the use of force techniques within a period specified by the police force.

(4) The police force must maintain written records of the training and requalification courses completed by each member of the police force under this section. Use of force policy 11 Each police force must develop or adopt a use of force model approved by the director and develop a written use of force policy that includes at least the following force options: (

a) officer presence; (

b) communication; (

c) physical control; (

d) intermediate weapons; (

e) lethal force. page 3 of 4

Use of force reporting 12 A police force must submit to the director at the end of each calendar year, and at any time on the request of the director, a statistical report containing the information about use of force by the police force requested by the director. 11

Section 12 of B.C. Reg. 203/98, the Use of Force Regulation, as enacted by

section 10 of this Schedule, is repealed and the following substituted: Use of force reporting 12 (

I) Each police force must require that a use of force reporting form be completed for (

a) each use of a firearm, (

b) each use of an intermediate weapon, and (

c) each use of force that results in death or injury.

(2) A police force must submit to the director at the end of each calendar year, and at any time on the request of the director, a statistical report containing the information about use of force by the police force requested by the director. page 4 of 4

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 874/2000
Type	order_in_council
Volume / chapter	arc oic 0874 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f9e46da5d8b1a154699242661cc4372266d30ea3

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