"auxiliary constable" means a constable appointed under section 8 (1);
"board" means a municipal police board established under section 23;
"bylaw enforcement officer" means a bylaw enforcement officer appointed under section 36;
"chief constable" means the chief constable of a municipal police force;
"commission" means the British Columbia Police Commission continued under section 39;
"commissioner" means the commissioner of the provincial police force;
"committee" means a local police committee established under section 31;
"enforcement officer" means an enforcement officer appointed under section 37;
"municipal constable" means a constable appointed under section 26;
"municipal police force" means a municipal police force established under section 26;
"municipality" includes the City of Vancouver, but does not include a regional or improvement district;
"provincial constable" means a constable who is a member of the provincial police force continued under section 5, or who is appointed a constable under section 6;
"provincial police force" means the provincial police force continued under section 5;
"special municipal constable" means a constable appointed under section 35;
"special provincial constable" means a constable appointed under section 9.
2 The minister must ensure that an adequate and effective level of policing is maintained throughout British Columbia.
3 (1) The government must provide policing services for the following:
(a) unincorporated areas of British Columbia;
(b) municipalities with a population of up to 5 000 persons;
(c) municipalities with a population of more than 5 000 persons that contract with the minister to engage the provincial police force to act as the municipal police force in their municipalities.
(2) A municipality with a population of more than 5 000 persons must provide policing in accordance with this Act and the regulations by means of one of the following:
(a) establishing a municipal police force;
(b) entering into an agreement with the minister under which policing in the municipality will be provided by the provincial police force;
(c) with the approval of the minister, entering into an agreement with another municipality that has a municipal police force under which policing in the municipality will be provided by the municipal police force of that municipality.
(3) An agreement under subsection (2) (b) or (c) must contain terms that the Lieutenant Governor in Council approves.
4 (1) Despite section 3, if the minister considers that it is necessary or desirable, the minister may, on terms approved by the Lieutenant Governor in Council, provide or reorganize the policing
(a) in a municipality to which section 3 (2) applies, or
(b) in an area or region of British Columbia.
(2) Costs incurred by the government under subsection (1) (a) are a debt due to and recoverable by the government from the municipality.
5 The provincial police force is continued.
6 (1) The Public Service Act does not apply to the provincial police force, a provincial constable, an auxiliary constable, a special provincial constable or an employee of the provincial police force.
(2) The Lieutenant Governor in Council may appoint to the provincial police force the constables and other employees the Lieutenant Governor in Council considers necessary to carry out the force's business.
(3) The Lieutenant Governor in Council may appoint a commissioner and a deputy commissioner of the provincial police force.
(4) The commissioner, deputy commissioner, constables and employees of the provincial police force must be appointed for a term and must be paid the remuneration that the Lieutenant Governor in Council determines.
(5) A person must not be appointed commissioner, deputy commissioner or a constable or employee of the provincial police force unless he or she is a Canadian citizen.
7 (1) The commissioner, under the minister's direction,
(a) has general supervision over the provincial police force, and
(b) must perform the other functions and duties assigned to the commissioner under the regulations or under this or any other Act.
(2) The provincial police force, under the commissioner's direction, must perform the duties and functions respecting the preservation of peace, the prevention of crime and offences against the law and the administration of justice assigned to it or generally to peace officers by the commissioner, under the regulations or under any Act.
8 (1) On the recommendation of the commissioner, the minister may appoint persons the minister considers suitable as auxiliary constables.
(2) An auxiliary constable must assist the provincial police force in the performance of its duties.
(3) Subject to the regulations, an auxiliary constable has the powers, duties and immunities of a provincial constable.
9 (1) The minister may appoint persons the minister considers suitable as special provincial constables.
(2) A special provincial constable appointed under subsection (1) is appointed for the term the minister specifies in the appointment.
(3) Subject to the restrictions the minister specifies in the appointment, a special provincial constable has the powers, duties and immunities of a provincial constable.
10 (1) Subject to the regulations, a provincial constable, an auxiliary constable or a special provincial constable has, while carrying out the duties of his or her appointment, jurisdiction throughout British Columbia to exercise and carry out the powers, duties, privileges and responsibilities that a police constable or peace officer is entitled or required to exercise or carry out at law or under an enactment.
(2) If a provincial constable, auxiliary constable or special provincial constable exercises jurisdiction under subsection (1) in a municipality having a municipal police force, he or she must, if possible, notify the municipal police force in advance, but in any case must promptly after exercising jurisdiction notify the municipal police force of the municipality.
11 (1) The minister, on behalf of the government, is jointly and severally liable for torts committed by
(a) provincial constables, auxiliary constables and special provincial constables, in the performance of their duties, and
(b) municipal constables and special municipal constables in the performance of their duties when acting in other than the municipality where they normally perform their duties.
(2) Even though a constable referred to in subsection (1) (a) or (b) is not found liable for a tort allegedly committed by the constable in the performance of his or her duties, the minister may pay the amount the minister considers necessary to
(a) settle a claim against a constable for a tort allegedly committed by the constable in the performance of his or her duties, or
(b) reimburse a constable for reasonable costs incurred by the constable in defending a claim against the constable for a tort allegedly committed in the performance of his or her duties.
(3) The Minister of Finance and Corporate Relations must pay out of the consolidated revenue fund, on the requisition of the minister, money required for the purposes of subsection (2).
(a) an auxiliary constable, or
(b) a municipal constable or a special municipal constable acting in other than the municipality in which he or she normally performs his or her duties
has been charged with an offence against an enactment of British Columbia, Canada, a municipality or a regional district in connection with the performance of his or her duties, the minister may, to the extent that the minister considers appropriate in the circumstances, pay the costs incurred and not recovered by the auxiliary constable, municipal constable or special municipal constable in the proceedings following or otherwise connected with the charge.
13 Despite any other Act, the minister may grant pecuniary aid to the spouses or children of auxiliary constables killed or injured in the performance of their duties.
14 (1) Subject to the approval of the Lieutenant Governor in Council, the minister, on behalf of the government, may enter into, execute and carry out agreements with Canada, or with a department, agency or person on its behalf, authorizing the Royal Canadian Mounted Police to carry out powers and duties of the provincial police force specified in the agreement.
(2) If an agreement is entered into under subsection (1),
(a) the Royal Canadian Mounted Police is, subject to the agreement, deemed to be a provincial police force,
(b) every member of the Royal Canadian Mounted Police is, subject to the agreement, deemed to be a provincial constable,
(c) the provisions of this Act respecting the powers and duties of the provincial police force and provincial constables apply, subject to the agreement, and with the necessary changes and insofar as applicable, to the Royal Canadian Mounted Police and its members, and
(d) the officer commanding the division of the Royal Canadian Mounted Police referred to in the agreement and the second in command of the division are deemed to be the commissioner and deputy commissioner, respectively, appointed under this Act.
(3) If a power or duty given under the regulations or under any Act to the provincial police force or a provincial constable is expressly excluded from the powers and duties given by agreement under subsection (1) to the Royal Canadian Mounted Police or its members, the Lieutenant Governor in Council may make the regulations the Lieutenant Governor in Council considers necessary to authorize or require a member of the public service of British Columbia to carry out the power or duty.
15 (1) Subject to subsection (2), a municipality with a population of more than 5 000 persons must provide, in accordance with this Act and the regulations,
(a) policing in the municipality with a police force of sufficient numbers
(i) to adequately enforce municipal bylaws, the criminal law and the laws of British Columbia, and
(ii) to maintain law and order in the municipality, and
(b) adequate accommodation, equipment and supplies for
(i) the operations of and use by the police force required under paragraph (a), and
(ii) the detention of persons required to be held in custody.
(2) If, due to special circumstances or abnormal conditions in a municipality, the minister believes it is unreasonable to require a municipality to provide policing under subsection (1), the minister may provide policing in the municipality, subject to the terms the Lieutenant Governor in Council approves.
16 If, under an agreement made under section 3 (2) (b), members of the Royal Canadian Mounted Police provide policing in a municipality, the municipality must
(a) pay to the government, or
(b) on the direction of the minister, pay directly to Canada
a sum equal to that payable by the government to Canada respecting the use of those members of the Royal Canadian Mounted Police used to provide policing in the municipality.
17 (1) If the commission considers that a municipality to which section 15 (1) applies is not complying with that section, the commission must send to it and to its board, if any, a notice that
(a) identifies the non-compliance,
(b) directs the municipality to correct the failure to comply, and
(c) specifies the manner in which and the time within which the failure is to be corrected.
(2) On being notified by the commission that a notice sent under subsection (1) has not been complied with, the minister may, on terms the minister considers appropriate,
(a) appoint persons as constables to police the municipality,
(b) use the provincial police force to police the municipality, or
(c) take other steps the minister considers necessary.
(3) The municipality must pay all costs of policing incurred under subsection (2).
(4) Costs incurred by the government under subsection (2) are a debt due to and recoverable by the government from the municipality.
18 (1) Subject to the minister's approval, the councils of 2 or more municipalities may enter into an agreement providing for the amalgamation of their boards and municipal police forces.
(2) Subject to the minister's approval, the councils of 2 or more municipalities who have entered into an agreement with the minister under section 3 (2) (b) may enter into an agreement providing for the amalgamation of their police forces.
(3) An agreement under subsection (1) must contain terms respecting
(a) a municipal police force and policing by a municipal police force,
(b) the establishment of a joint board and membership on the joint board, and
(c) division of expenditures by the municipal councils.
(4) An agreement under subsection (2) must contain terms respecting
(a) the provision of policing in the municipalities by the provincial police force, and
(b) division of expenditures by the municipal councils.
19 Despite any other Act, a municipal council, or a regional board, in the case of an enforcement officer employed by it, may, in its discretion, grant pecuniary aid to the spouses or children of municipal constables, special municipal constables, auxiliary constables, enforcement officers or bylaw enforcement officers killed or injured in the performance of their duties.
20 (1) Subject to an agreement under section 18 (1) and 23 (2), a municipality, or a regional district, in the case of an enforcement officer employed by it, is jointly and severally liable for a tort committed in the performance of his or her duties by a municipal constable, special municipal constable, enforcement officer, bylaw enforcement officer or employee of the board employed by the board on behalf of the municipality.
(2) If it is alleged or established that a municipal constable, special municipal constable, enforcement officer, bylaw enforcement officer or employee of a board has committed a tort in the performance of his or her duties, the board and members of the board are not liable for the claim, but the municipality, or the regional district, in the case of an enforcement officer employed by it, in which he or she is employed may, in the discretion of the council of the municipality, or the board of the regional district, as the case may be, pay an amount it considers necessary to
(a) settle the claim or a judgment against him or her, and
(b) reimburse him or her for reasonable costs incurred by him or her in opposing the claim.
21 (1) In this section, "police officer" means a person holding an appointment as a constable under this Act.
(2) No action for damages lies against a police officer or any other person appointed under this Act for anything said or done or omitted to be said or done by him or her in the performance or intended performance of his or her duty or in the exercise of his or her power or for any alleged neglect or default in the performance or intended performance of his or her duty or exercise of his or her power.
(3) Subsection (2) does not provide a defence if
(a) the police officer or other person appointed under this Act has, in relation to the conduct that is the subject matter of action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or
(b) the cause of action is libel or slander.
(4) Subsection (2) does not absolve any of the following from vicarious liability arising out of a tort committed by the constable or other person appointed under this Act for which the municipality, the regional district or the minister would have been liable had this section not been in force:
(a) a municipality, in the case of a constable, or other person appointed under this Act, who is employed by a board on behalf of the municipality;
(b) a regional district, in the case of an enforcement officer employed by it;
(c) the minister, in a case to which section 11 applies.
22 Despite section 236 of the Municipal Act, if a municipal constable, special municipal constable, enforcement officer, bylaw enforcement officer or employee of a board has been charged with an offence against an enactment of British Columbia or Canada or a municipal or regional district bylaw in connection with the performance of his or her duties, the council of the municipality, or the board of a regional district, in the case of an enforcement officer employed by it, in which he or she is employed may,
(a) on the recommendation of its board if the person is an employee of the board, and
(b) to the extent that it considers appropriate in the circumstances,
pay the costs incurred and not recovered by him or her in the proceedings following or otherwise connected with the charge.
23 (1) Subject to the minister's approval, the council of a municipality required to provide policing under section 15 may provide policing by means of a municipal police force governed by a municipal police board consisting of
(a) the mayor of the council,
(b) one person appointed by the council, and
(c) not more than 5 persons appointed, after consultation with the commission, by the Lieutenant Governor in Council.
(2) Subject to the approval of the minister, the councils of 2 or more municipalities may enter into an agreement to establish a joint municipal police board under subsection (1).
(3) An agreement under subsection (2) must contain terms respecting the establishment of the board, membership on the board and division of expenditures.
24 (1) A person who is a councillor or, except the mayor, is ineligible to be elected as a councillor must not be appointed to a board.
(2) A person appointed to a board holds office for a term, of not longer than 4 years, that the Lieutenant Governor in Council determines.
(3) A person may be reappointed to a board but must not hold office for a period of more than 6 successive years.
25 (1) The mayor of the council is the chair of the board.
(2) If the mayor is absent, the other board members present must elect from among themselves a chair to preside at the meeting.
(3) In case of a tie vote, the chair has a second or casting vote.
26 (1) A board must establish a municipal police force and appoint a chief constable and other constables and employees the board considers necessary to provide policing in the municipality.
(2) The duties and functions of a municipal police force are, under the direction of the board, to
(a) enforce, in the municipality, municipal bylaws, the criminal law and the laws of British Columbia,
(b) generally maintain law and order in the municipality, and
(c) prevent crime.
(3) Subject to a collective agreement as defined in the Labour Relations Code , the chief constable and every constable and employee of a municipal police force must be
(a) employees of the board,
(b) provided with the accommodation, equipment and supplies the board considers necessary for his or her duties and functions, and
(c) paid the remuneration the board determines.
(4) In consultation with the chief constable, the board must determine the priorities, goals and objectives of the municipal police force.
(5) The chief constable must report to the board each year on the implementation of programs and strategies to achieve the priorities, goals and objectives.
27 (1) On or before November 30 in each year, a board must prepare and submit to the council for its approval a provisional budget for the following year to provide policing in the municipality.
(2) Any changes to the provisional budget under subsection (1) must be submitted to council on or before March 1 of the year to which the provisional budget relates.
(3) If a council does not approve an item in the budget, the commission, on application by the council or the board, must
(a) determine whether the item or amount should be included in the budget, and
(b) report its findings to the board, the council and the minister.
(4) Subject to subsection (3), a council must include in its budget the costs in the provisional budget prepared by the board.
(5) On certification by the board members that an expenditure is within the budget prepared by the board, the council must pay the amount of the expenditure.
(6) Unless the council otherwise approves, a board must not make an expenditure, or enter an agreement to make an expenditure, that is not specified in the board's budget and approved by the council.
28 (1) Every board must make rules consistent with this Act and the regulations respecting the following:
(a) standards, guidelines and policies for the administration of the municipal police force;
(b) prevention of neglect and abuse by its municipal constables;
(c) efficient discharge of duties and functions by the municipal police force and municipal constables.
(2) A rule under subsection (1) is enforceable against any person only after it is filed with the commission.
29 (1) A board may study, investigate and prepare a report on matters respecting law enforcement, crime prevention, police and policing in its municipality.
(2) A board must submit its report of a study under subsection (1),
(a) on request, to the commission,
(b) if the report suggests a breach of discipline by a municipal constable, special municipal constable, enforcement officer or bylaw enforcement officer, to the chief constable, and
(c) if the report suggests criminal liability of a municipal constable, special municipal constable, enforcement officer or bylaw enforcement officer, to the minister.
30 Out of money appropriated for the purpose, the minister may make payments to municipalities with a population of more than 5 000 persons in order to reimburse the municipalities to the extent the minister considers appropriate in each case, for the expenses incurred under section 520 of the Municipal Act and section 481 of the Vancouver Charter for the care and custody of persons who are detained in a place of detention.
31 (1) After consulting the councils of municipalities located entirely or partly in the area of British Columbia in which the committee is to have jurisdiction, the Lieutenant Governor in Council may establish a local police committee consisting of not less than 3 members appointed by the Lieutenant Governor in Council.
(2) A member of a committee must be appointed for a term, of not longer than 3 years, that the Lieutenant Governor in Council determines.
(3) A person may be reappointed as a member of a committee but must not hold office for a period of more than 5 successive years.
(4) A member of a committee must not be a judge of a court.
32 (1) The Lieutenant Governor in Council may designate one member of a committee as the chair.
(2) In the absence or inability of the chair to act, the other committee members must elect a chair.
(3) A simple majority of the committee constitutes a quorum.
(4) In case of a tie vote, the chair has a second or casting vote.
33 A committee has the following duties:
(a) to promote a good relationship between the provincial police force and residents of the area of British Columbia in which the committee has jurisdiction;
(b) to bring to the attention of the minister and the provincial police force matters respecting the adequacy of policing in the area of British Columbia in which the committee has jurisdiction, and to make recommendations to the minister and the provincial police force respecting those matters;
(c) to perform other duties that the minister may specify.
34 (1) The chief constable of a municipal police force has, under the direction of the board, general supervision and command over the municipal police force and must perform the other functions and duties assigned to the chief constable under the regulations or under any Act.
(2) The municipal police force, under the chief constable's direction, must perform the duties and functions respecting the preservation of peace, the prevention of crime and offences against the law and the administration of justice assigned to it or generally to peace officers by the chief constable, under the regulations or under any Act.
35 (1) After consultation with the chief constable, a board may appoint persons considered suitable as special municipal constables.
(2) A special municipal constable must assist the municipal police force in the performance of its duties.
(3) Subject to a collective agreement as defined in the Labour Relations Code, a special municipal constable may be paid the remuneration and is appointed for the term the board determines.
(4) Subject to the restrictions the board specifies in the appointment, a special municipal constable has, while carrying out the duties of his or her appointment, the powers, duties and immunities of a municipal constable.
36 (1) Bylaw enforcement officers may be appointed,
(a) by a board, or
(b) if there is no board in a municipality, by the municipal council.
(2) A bylaw enforcement officer must be paid the remuneration and is appointed for the term that the board or municipal council determines.
(3) A bylaw enforcement officer must, under the direction of the chief constable or officer in charge of the detachment of police operating in the municipality, perform the functions and duties, and has the powers, privileges and responsibilities respecting the enforcement of municipal bylaws, that the board or municipal council specifies in the appointment.
37 (1) Subject to the approval of the minister, a board, municipal council or board of a regional district may appoint, in writing, one or more of its employees to enforce one or more provincial enactments, specified in the appointment, within the boundaries of the municipality or regional district.
(2) A person appointed as an enforcement officer must meet the standards for training specified by the minister.
(3) An enforcement officer is a peace officer for the purposes of enforcing the enactments specified in his or her appointment within the jurisdiction for which he or she is appointed.
38 (1) A municipal constable or a special municipal constable has jurisdiction throughout British Columbia while carrying out the powers, duties, privileges and responsibilities that a police constable or peace officer is entitled or required to exercise or carry out at law or under any Act.
(2) If the minister believes an emergency exists outside the municipality in which a municipal constable or special municipal constable is employed, the minister may direct one or more municipal constables or special municipal constables to the part of British Columbia in which the emergency exists.
(3) If the minister makes a direction under subsection (2), the Minister of Finance and Corporate Relations must pay, from the consolidated revenue fund, the salary and other expenses of the municipal constable or special municipal constable during the period he or she is performing duties in the part of British Columbia where the emergency exists.
(4) If a municipal constable or special municipal constable performs duties outside the municipality, he or she must, if possible, notify the provincial police force or municipal police force of the area in which he or she performs the duties in advance, but in any case must promptly after performing the duties notify the provincial police force or municipal police force.
39 (1) The British Columbia Police Commission is continued and consists of at least 3 members appointed by the Lieutenant Governor in Council to hold office during a term of not longer than 5 years, determined by the Lieutenant Governor in Council.
(2) In addition to persons appointed to the commission under subsection (1), the Lieutenant Governor in Council may appoint persons to the commission limited to the purpose of serving on panels established by the chair to hear applications for leave to appeal under section 64 and appeals under section 65.
(3) Each member of the commission must be reimbursed for reasonable travelling or out of pocket expenses necessarily incurred by the member in discharging duties, and in addition must be paid the remuneration for his or her services the Lieutenant Governor in Council determines.
(4) The minister, on behalf of the government, may enter into an agreement with a member of the commission containing terms of employment.
40 (1) The Lieutenant Governor in Council must designate one member of the commission as the chair and one member as deputy chair.
(2) Any 2 members of the commission constitute a quorum.
(3) A vacancy in the membership of the commission does not impair the authority of the other members to act.
(4) In case of a tie vote, the chair has a second or casting vote.
(5) The chair may appoint a panel for hearing an application for leave to appeal under section 64 or an appeal under section 65.
(6) A panel consists of 3 members of the commission, at least one of whom must be a person appointed under section 39 (1).
(7) The chair must designate the person to act as chair of the panel.
(8) The quorum for a panel is 3.
(9) The member of the commission appointed by the minister to perform the duties of the complaint commissioner must not be a member of a panel.
41 (1) Subject to the Public Service Act, the commission may employ or retain the persons it considers necessary to carry out the commission's business.
(2) Subject to the Public Service Act, the commission may designate the title, office and responsibilities of persons employed or retained under subsection (1).
(3) Despite the Public Service Act but subject to the approval of the minister, the commission may engage and retain persons it considers necessary as consultants, experts or specialists.
42 (1) The commission has the following functions:
(a) to administer, under Part 9, complaints about the conduct of provincial and municipal constables;
(b) to hear appeals from decisions of police boards in disciplinary matters as provided by the regulations;
(c) to inspect and report on the quality and standard of police services delivery, including, but not limited to,
(i) inspecting police operations and procedures,
(ii) evaluating programs for training persons who intend to become constables, constables who require retraining and constables who are eligible for advanced training, and
(iii) evaluating standards of policing;
(d) to maintain a system of statistical records as required to carry out inspections, evaluations and research studies;
(e) to consult with and give information and advice to chief constables, boards and committees on matters related to police and policing;
(f) to make recommendations to the minister about the appointment of members of municipal police boards;
(g) to make recommendations to the minister on minimum standards respecting selection and training of constables, the use of firearms and equipment and any other matter relating to police and policing;
(h) to establish and carry out, or approve and supervise, programs to promote cooperative and productive relationships between constables and the public;
(i) to assist in the coordination of policing by the provincial police force and municipal police forces;
(j) to perform other functions and duties assigned to the commission under this Act or the regulations.
(2) The commission must submit copies of a report completed under subsection (1) (c) to
(a) the minister, and
(b) the board or, if no board exists, the municipality,
and may submit a copy to those persons the commission considers appropriate.
(3) The commission may inspect the records, operations and systems of administration of a municipal police force, after giving written notice to the chair of the board and the minister.
(4) If requested by the minister, the commission must, after notice to the chair of the board, conduct the investigation under subsection (3).
43 (1) The commission must make rules, not inconsistent with this Act and the regulations, respecting its practice and procedure and the exercise of its powers and may establish forms required to be used for those purposes.
(2) A rule under subsection (1) is binding on a person only after it is approved by the minister.
44 (1) The commission must, on the request of the minister, and may, on its own or on the request of a council or a board, study, investigate and prepare a report on matters respecting law enforcement, crime prevention, police and policing in British Columbia or in a designated area of British Columbia.
(2) A study under subsection (1) may be carried out by the commission or by a member or employee of the commission designated by the chair for the purpose.
(3) If the minister requests a study under subsection (1), the minister responsible for finance must pay the costs of the study from the consolidated revenue fund.
(4) The commission must submit a report under subsection (1) to the minister.
45 On request of the minister, the commission must inquire into and report to the minister on matters respecting crime and its investigation and control, and of law enforcement.
46 (1) Despite this Act,
(a) the minister, or
(b) the commission, either on its own initiative or on receiving a request from the complaints commissioner or a board,
may at any time order an investigation to be made respecting an act or omission of any person appointed under this Act.
(2) An investigation under subsection (1) must be made by the persons and in the manner the minister or the commission specifies in the order.
(3) If the minister orders an investigation under subsection (1), the minister responsible for finance must pay the costs of the investigation from the consolidated revenue fund.
47 The chair of the commission may authorize one or more members of the commission to exercise the powers and perform the duties and functions of the commission under sections 42 and 44 to 46.
48 (1) The commission must submit annually to the minister
(a) a report of the operation of the commission for the immediately preceding fiscal year, and
(b) a financial statement showing the business of the commission for that fiscal year.
(2) A report and financial statement under subsection (1) must be laid before the Legislative Assembly within 15 days after commencement of the first session in the following year.
"complainant" means a member of the public who has submitted a complaint;
"complaint" means a written allegation made by a member of the public respecting the conduct of a municipal constable or a provincial constable that, if proven, would constitute a disciplinary default under a code of conduct established by regulation;
"complaint commissioner" means the member of the commission appointed by the minister to perform the duties of the complaint commissioner;
"constable" means a municipal constable, a provincial constable or both, as the context requires;
(a) for a complaint against the commissioner, means the minister or a person, including the commission, the minister appoints in writing,
(b) for a complaint against a provincial constable, means the commissioner or a member of the provincial police force the commissioner appoints in writing,
(c) for a complaint against the chief constable of a municipal police force, means the board responsible for the municipal police force or a person, including the commission, the board appoints by resolution, and
(d) for a complaint against a municipal constable, means the chief constable of that municipal police force or a member the chief constable appoints in writing;
"disciplinary tribunal" means
(a) if an inquiry is requested under section 60 in respect of a complaint made against a provincial constable, the disciplinary tribunal directed by the minister under section 60 (5) to hold the inquiry, or
(b) if an inquiry is requested under section 60 in respect of a complaint made against a municipal constable, the board responsible for the municipal constable;
"municipal constable" includes a special municipal constable;
"provincial constable" includes an auxiliary constable and a special provincial constable but does not include a member of the Royal Canadian Mounted Police serving the government.
50 (1) The complaint commissioner has the following duties:
(a) to receive complaints from the public against constables;
(b) to record complaints received and forward them to the disciplinary authority;
(c) to establish and maintain a record of all complaints received by municipal police forces against the conduct of municipal constables, and their disposition;
(d) to inform, advise and assist complainants, constables complained against, disciplinary authorities, boards and the commission, in respect of the handling of citizen complaints;
(e) to monitor the handling of complaints and act in the public interest to ensure complaints are handled in the manner specified by this Act and the regulations;
(f) to inspect annually, or as required, the records, operations and systems of administration for handling of citizen complaints by municipal police forces;
(g) to publicize the function and duties of the complaint commissioner.
(2) In exercising his or her duties under this section, the complaint commissioner may receive and obtain information respecting a complaint from the parties and the disciplinary authority in the manner he or she considers appropriate and, without limiting those powers, has access to any files or other material relating to a complaint and may interview and take statements from the disciplinary authority, the complainant and the constable complained against.
(3) Subject to subsection (4), an oral or written statement made to the complaint commissioner must not be used or received as evidence in any civil or administrative proceeding and the complaint commissioner or a person to whom he or she delegates his or her powers must not be required to give testimony or to produce a statement obtained in exercising his or her powers under this section.
(4) Subsection (3) does not apply to a proceeding under a prescribed code of discipline respecting an allegation that, with intent to mislead, a constable made a statement to the complaint commissioner, or person to whom the complaint commissioner delegated his or her powers, knowing that it was false.
(5) If the complaint commissioner as a result of information obtained under subsection (2) believes there has been an inadequacy in the investigation of the complaint, he or she may advise the disciplinary authority and request a reinvestigation of the complaint.
(6) The complaint commissioner may delegate, in writing, his or her powers under subsection (2) subject to such conditions as he or she may specify.
51 (1) Subject to subsection (2), this Part does not preclude the taking or continuing of any of the following:
(a) civil or criminal proceedings against a constable;
(b) internal disciplinary proceedings under a prescribed code of discipline;
(c) proceedings under the Labour Relations Code as to the interpretation, application or operation of a collective agreement.
(2) Despite a contrary provision in another Act or in a collective agreement, if a complainant requests an inquiry under section 60, the provisions of this Act apply to the complaint, inquiry and disposition of the complaint.
52 A person who has a complaint against a constable may complain to one of the following:
(a) the disciplinary authority;
(b) the complaint commissioner;
(c) in the case of a municipal constable, the senior constable on duty at the time the complaint is made.
53 The person who receives the complaint must
(a) record the complaint in the prescribed form, and
(b) provide the complainant with a prescribed statement that sets out the procedures that will be followed respecting the complaint and the rights of the complainant, together with a copy of the complaint form.
54 (1) If a complaint is made to the disciplinary authority or the disciplinary authority receives a complaint under subsection (3), the disciplinary authority must promptly send a copy of it to the complaint commissioner.
(2) If a complaint is made to the complaint commissioner, the complaint commissioner must promptly send a copy of it to the disciplinary authority.
(3) If a complaint is made to the constable in charge of a municipal police force, the constable must promptly send a copy to the disciplinary authority.
55 (1) In the case of a complaint against a constable, the disciplinary authority must notify, in writing, the complainant, the constable complained against and the complaint commissioner of the status of the complaint not later than 45 days after the date the complaint is recorded by the person who received it and every 30 days after that during the course of the investigation.
(2) Subsection (1) does not apply if, in the disciplinary authority's opinion, compliance with that subsection might adversely affect or hinder any investigation in respect of the complaint, in which case the disciplinary authority must, on request, notify the complaint commissioner of the reasons for that decision.
56 (1) The disciplinary authority receiving a complaint may informally hear and attempt to resolve the complaint.
(2) If a complaint is resolved informally, a record must be made of how the complaint was resolved.
(3) The disciplinary authority must notify the complainant, the constable complained against and the complaint commissioner of the results of the attempt at informal resolution, if any.
57 (1) If the disciplinary authority does not attempt to resolve the complaint informally, the disciplinary authority must promptly conduct an investigation into the complaint.
(2) If the disciplinary authority receiving a complaint is unsuccessful in resolving the complaint informally, the complainant may, in writing, request that the complaint be investigated by the disciplinary authority.
(3) If requested under subsection (2) to investigate a complaint, the disciplinary authority must notify the constable complained against and the complaint commissioner and promptly comply with the request.
58 (1) The disciplinary authority may refuse to investigate or further investigate a complaint against a constable if the disciplinary authority is satisfied that
(a) the complaint is frivolous, vexatious, not made in good faith or concerns a trivial matter,
(b) the conduct complained of primarily affects a person other than the complainant and the complainant does not have sufficient personal interest in the subject matter of the complaint, or
(c) the complainant knew or ought to have known, more than 6 months before making the complaint, of the act or omission to which the complaint refers.
(2) If the disciplinary authority refuses to investigate or to further investigate a complaint against a constable,
(a) the disciplinary authority must, in writing, promptly notify the complainant, the constable complained against and the complaint commissioner of the disciplinary authority's refusal to investigate or further investigate, the reasons for the refusal and the recourse under this section that is available to the complainant, and
(b) the complainant may, within 10 days after receiving the notification referred to in paragraph (a), by written request delivered to the disciplinary authority, require a review of the disciplinary authority's decision.
(3) On receiving the complainant's written request under subsection (2) (b), the disciplinary authority must notify the complaint commissioner and the constable complained against of the request.
(4) The disciplinary authority must deliver a copy of the complainant's written request for a review together with particulars of the complaint and the disciplinary authority's reasons for the refusal
(a) to the commission, if the complaint is against a provincial constable, or
(b) to the board responsible for the municipal constable, if the complaint is against a municipal constable.
(5) The chair of the commission must appoint 2 persons the chair considers suitable as a review panel to review the disciplinary authority's decision if the complaint is against a provincial constable.
(6) The chair of the board must appoint 2 of the board's members as a review panel to review the disciplinary authority's decision if the complaint is against a municipal constable.
(7) A review panel must consider the complaint and the reasons for the disciplinary authority's decision and must, not more than 30 days after its appointment,
(a) unanimously confirm the decision of the disciplinary authority,
(b) unanimously direct the disciplinary authority to cause the complaint to be investigated under section 57, or
(c) if the review panel is unable to reach a unanimous decision, so signify.
(8) A review panel must promptly give written notice of the result of its considerations to
(a) the complainant,
(b) the complaint commissioner,
(c) the constable complained against, and
(d) the disciplinary authority.
(9) If a review panel has confirmed a decision under subsection (7) (a) or made a direction under subsection (7) (b), the written notice must include the reasons for the decision or direction.
(10) If a review panel makes a unanimous direction under subsection (7) (b) or signifies under subsection (7) (c) its inability to reach a unanimous decision, the disciplinary authority must promptly cause the complaint to be investigated.
(11) If a review panel makes a unanimous confirmation under subsection (7) (a), no further action may be taken on the complaint and the decision of the review panel is final and binding.
(12) Before unanimously confirming the decision of a disciplinary authority, the review panel must give the complainant an opportunity to be heard.
59 Not more than 7 days after completing the investigation of a complaint, the disciplinary authority must send to the complainant, the complaint commissioner and the constable against whom the complaint is made, a notice setting out
(a) a summary of the investigation and the results of the investigation,
(b) any disciplinary action intended to be taken by the disciplinary authority, and
(c) the right of the complainant or constable against whom the written complaint is made to request an inquiry.
60 (1) A complainant who alleges he or she is personally affected by an act or omission set out in the complaint, or a constable against whom the complaint is made, may, not more than 30 days after the date he or she receives a notice under section 59, send the disciplinary authority a notice requesting an inquiry.
(2) If a notice requesting an inquiry is not sent within the time limited by subsection (1), the disciplinary authority may deal with the complaint as an internal disciplinary proceeding under a prescribed code of discipline.
(3) Subject to subsection (2), the disciplinary authority must promptly submit a copy of the notice to
(a) the complaint commissioner,
(b) the minister, and
(c) if the inquiry is requested in respect of a complaint against a municipal constable, the disciplinary tribunal responsible for the municipal police force.
(4) Despite this or any other enactment, a disciplinary tribunal responsible for a municipal police force may, but need not, consist of more than 3 individuals.
(5) If the minister receives a copy of a notice requesting an inquiry in respect of a complaint against a provincial constable, the minister must
(a) direct that the inquiry be held by a disciplinary tribunal consisting of the commission, a committee the minister designates or jointly by the commission and a committee the minister designates, and
(b) give a copy of the notice to the tribunal.
(6) Promptly after receiving a copy of a notice requesting an inquiry, a disciplinary tribunal must send a notice specifying the date and place of the inquiry to the following:
(a) the complainant;
(b) the constable against whom the complaint is made;
(c) the disciplinary authority;
(d) the complaint commissioner.
(7) The disciplinary tribunal must hold the inquiry on the date and at the place specified in the notice.
(8) An inquiry is a new hearing at which the persons referred to in subsection (6) (a), (b) and (c) may, and must if required by the disciplinary tribunal, give oral evidence.
61 An inquiry by a disciplinary tribunal must be open to the public.
62 A disciplinary tribunal holding an inquiry respecting a complaint against a provincial constable must do the following:
(a) review the complaint;
(b) review the investigation made, and any disciplinary action intended to be taken by the disciplinary authority;
(c) determine whether the complaint is justified;
(d) not more than 10 days after it concludes the inquiry, submit its findings and recommendations to the complainant, the provincial constable against whom the complaint is made, the minister, the disciplinary authority and the complaint commissioner.
63 (1) For the purposes of this section, "disciplinary action" includes a decision not to take disciplinary action.
(2) After holding an inquiry respecting a complaint against a municipal constable, the disciplinary tribunal must
(a) approve, or approve subject to the terms it specifies, the disciplinary action intended to be taken by the disciplinary authority,
(b) reject the disciplinary action intended to be taken by the disciplinary authority and order that it take the disciplinary action the disciplinary tribunal specifies,
(c) request the commission to order that a further investigation be made of the complaint, or
(d) make an order it considers appropriate in the circumstances.
(3) Not more than 10 days after the date it makes its decision under subsection (2), the disciplinary tribunal must serve a notice of its decision on
(a) the complainant,
(b) the municipal constable against whom the complaint was made,
(c) the disciplinary authority, and
(d) the complaint commissioner.
64 (1) Not more than 30 days after receiving notice of the decision of a disciplinary tribunal, the complainant or municipal constable affected by the decision may serve on the commission a notice of application for leave to appeal all or part of the decision to the commission.
(2) An application under subsection (1) must be in writing and must set out the reasons for requesting leave to appeal.
(3) The disciplinary tribunal that made the decision appealed from must, on the request of the commission, submit to the commission
(a) the record of the inquiry, and
(b) every report or other information considered by the disciplinary tribunal during the inquiry.
(4) The commission must grant leave to appeal if, after considering the record, report and other information, and calling witnesses and hearing evidence it considers necessary, the commission
(a) has reasonable doubt of the thoroughness or fairness of the investigation by the disciplinary authority or the inquiry by the disciplinary tribunal, or
(b) believes the disciplinary action imposed is not comparable to disciplinary action imposed in respect of similar complaints.
65 (1) For the purposes of this section, "disciplinary action" includes a decision not to take disciplinary action.
(2) If the commission grants leave to appeal, it must serve a notice specifying the date and place of the appeal on the complainant, the municipal constable against whom the complaint was made, the disciplinary authority and the disciplinary tribunal, all of whom are parties to the appeal.
(3) An appeal is a new hearing at which the persons referred to in subsection (2) may, and must if required by the commission, give oral evidence.
(4) After holding an inquiry respecting a complaint against a municipal constable, the commission must
(a) approve, or approve subject to the terms it specifies, the disciplinary action intended to be taken by the disciplinary authority or disciplinary tribunal,
(b) reject the disciplinary action intended to be taken by the disciplinary authority or disciplinary tribunal and order that the disciplinary authority take such disciplinary action as the commission may specify, or
(c) make an order it considers appropriate in the circumstances.
(5) The hearing of an appeal under this section must be open to the public.
(6) A decision or order of the commission under subsection (4) is final and binding.
66 (1) The following bodies have and may exercise the powers of a commissioner under sections 15 and 16 of the Inquiry Act:
(a) the commission,
(i) for the purposes of a study under section 44 or an inquiry under section 45 or 60,
(ii) for the purposes of an investigation under section 46,
(iii) during the hearing of an application for leave to appeal under section 64, and
(iv) during the hearing of an appeal under section 65;
(b) a committee designated by the minister to hold an inquiry under section 60;
(c) a disciplinary tribunal, for the purposes of an inquiry under section 60;
(d) a board, for the purposes of a study under section 29.
(2) A person required to attend and give evidence before a body that is exercising its powers under subsection (1) has a right to
(a) be represented by counsel, and
(b) call and examine witnesses.
(3) On the request of, or with the consent of, a person required by the commission to attend and give evidence at an inquiry under section 45, the commission may take his or her evidence in private.
(4) If evidence is taken in private under subsection (3), a person must not, without the consent of the commission, disclose or communicate the evidence to another person.
(5) At the hearing of internal disciplinary proceedings and appeals under a prescribed code of discipline, the presiding officer, the board and the commission have power to
(a) hear and receive evidence on oath, and
(b) compel witnesses to attend by notice in writing, and to pay those witnesses to the extent that witnesses are remunerated for attendance at the Supreme Court.
(6) A witness who is served with a notice in writing under subsection (5) requiring his or her attendance and who fails, without reasonable excuse, to attend the proceedings commits an offence.
67 An order, rule, report, record or certificate signed by a disciplinary authority or by a member of the commission or a board, committee or disciplinary tribunal that made the order, rule, report or certificate is, in any proceeding, evidence of
(a) the facts stated in the order, rule, report or certificate, and
(b) the authority of the member or disciplinary authority without proof of his or her appointment, authority or signature.
68 On receiving a request for temporary assistance made by another police force, a provincial police force or a municipal police force must assign to the police force making the request the constables it is practicable to assign for the purpose.
69 (1) Subject to subsection (2), every meeting and hearing of the commission, a board or a committee must be open to the public.
(2) If it believes that any of the following matters will arise in a meeting or hearing held by it, the commission, a board or a committee may order that the portion of the meeting or hearing during which the matter will arise be held in private:
(a) a matter respecting public security the disclosure of which could reasonably be expected to seriously impair effective law enforcement;
(b) a financial or personal matter respecting a person whose interest in the matter outweighs the public's interest in the matter;
(c) a matter respecting labour contract discussions, labour management relations, layoffs or another personnel matter;
(d) a matter respecting information a person has requested he or she be allowed to give in private to the commission, board or a committee.
(3) On making an order under subsection (2), the commission, board or committee must promptly submit to the minister a copy of the minutes of the meeting or hearing and a statement of the reasons for holding the meeting or hearing in private.
70 (1) A person must not assume office or exercise any powers or perform any duties as a provincial constable, auxiliary constable, municipal constable, special municipal constable, special provincial constable, enforcement officer, bylaw enforcement officer or member of the commission or a board or committee unless the person takes, before he or she assumes office, an oath or affirmation in the prescribed form and manner.
(2) The minister may prescribe different forms of oaths and affirmations for provincial constables, auxiliary constables, municipal constables, special municipal constables, special provincial constables, enforcement officers, bylaw enforcement officers and members of the commission, boards and committees.
(3) The minister may, by regulation, require that an employee of the commission or the provincial police force take an oath or affirmation in the form and manner the minister prescribes.
(4) An oath or affirmation required to be taken under this section must be filed with the person designated in the regulations.
(5) Subsection (3) does not apply to a person referred to in subsection (2).
71 The commission and every board, committee and disciplinary tribunal must keep minutes of its meetings and hearings and records of its inquiries.
72 The Ombudsman Act does not apply to this Act or the regulations.
73 (1) A notice required under this Act must be
(a) in writing, and
(b) served personally or mailed by registered mail.
(2) If a notice under this Act is mailed by registered mail, the addressee is deemed to have received the notice on the fifth day after the date of mailing.
74 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for or granting financial aid to the administration and course of study in a police training school or other educational institution;
(b) developing procedures for handling complaints from members of the public against police constables;
(c) for the government of police forces and governing the qualifications, ranks, conduct, training, duties, suspension, promotion, dismissal and punishment of members of police forces;
(d) prescribing the minimum salary or other remuneration and allowances to be paid to members of police forces;
(e) prescribing the minimum remuneration to be paid to the members of boards or committees who are designated by the Lieutenant Governor in Council or appointed by the minister;
(f) prescribing the minimum number of members of police forces that are to be employed either on a basis of population, area, property assessment or a combination of them, or on another basis;
(g) prescribing requirements respecting offices, buildings, places of detention, and equipment and supplies to be provided by municipalities;
(h) prescribing or regulating the number of meetings to be held by boards and committees, the times and places they are to be held and the public notices and methods to be employed regarding the meetings;
(i) prescribing the records, returns, books and accounts to be kept and made by police forces or the members;
(j) prescribing the method of accounting for fees, costs and other money that comes into the hands of members of police forces;
(k) providing for the payment of fees and expenses to witnesses at hearings or appeals under this Act;
(l) prescribing the deployment, deportment, discipline and training of auxiliary constables;
(m) prescribing the administration of rewards offered in respect of an offence;
(n) providing for the disposal of property where the provincial police force obtains custody of stolen or abandoned personal property.
75 (1) Section 5 of the Offence Act does not apply to this Act or the regulations.
(2) A person who contravenes section 66 (4) commits an offence.