Bill 7 — 2009: Police (Misconduct, Complaints, Investigations, Discipline and Proceedings) Amendment Act, 2009

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Police Act, section 1] adds a reference to section 49 (2) to the definition of "police complaint commissioner".

1 Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended in the definition of "police complaint commissioner" by striking out "or 49 (1);" and substituting "or 49 (1) or (2);".

SECTION 2: [Police Act, heading to Part 9] changes the heading to Part 9 to "Office of the Police Complaint Commissioner" to reflect that the legislative regime dealing with municipal police misconduct, complaints, investigations, discipline and proceedings is moved to the new Part 11 proposed by this Bill.

SECTION 3: [Police Act, section 46] repeals the definitions for the Part, applying instead the definitions set out in the new Part 11 proposed by this Bill.

Definitions and interpretation

46 (1) The definitions in Divisions 1 and 2 of Part 11 [Misconduct, Complaints, Investigations, Discipline and Proceedings] apply for the purposes of this Part.

(2) In sections 47 to 49, "committee" means the special committee of the Legislative Assembly that the Legislative Assembly specifies for the purposes of those sections.

SECTION 4: [Police Act, section 50] repeals a section respecting the police complaint commissioner's functions as that section is replaced by proposed section 177 of the new Part 11, which largely encompasses the police complaint commissioner's duties and powers under the Act.

SECTION 5: [Police Act, sections 51 to 51.03]

clarifies the provisions respecting the appointment of staff and retention of specified persons to assist the police complaint commissioner under the Act, and provides for the designation of other individuals to carry out functions related to receiving and recording complaints under the new Part 11 proposed by this Bill;
consistent with practice and legislation respecting officers of the Legislature, proposed section 51.01 requires individuals employed or retained by the police complaint commissioner to take an oath of office and maintain confidentiality;
proposed section 51.02 specifies duties and powers of the police complaint commissioner that are not delegable;
proposed section 51.03 provides statutory immunity for the police complaint commissioner and specified individuals in the exercise of powers or performance of duties under the Act.

Staff and other designated individuals

51 (1) The police complaint commissioner may appoint, in accordance with the Public Service Act and regulations, if any, made under section 184 (2) (b) [regulations under Parts 9 and 11] of this Act, one or more deputy police complaint commissioners and other employees necessary for exercising the powers and performing the duties of the police complaint commissioner under this Act.

(2) For the purposes of the application of the Public Service Act to subsection (1) of this section, the police complaint commissioner is a deputy minister.

(3) The police complaint commissioner may retain consultants, mediators, experts, specialists and other persons that the police complaint commissioner considers necessary to enable or assist the police complaint commissioner in exercising powers or performing duties of the police complaint commissioner under this Act.

(4) The police complaint commissioner may establish the remuneration and other terms and conditions of a person, other than a mediator, retained under subsection (3).

(a) an individual for the purposes of receiving, recording and registering complaints, forwarding them to the police complaint commissioner and assisting complainants under sections 78 (2) [how complaints are made] and 80 [if complaint made to member or designated individual under section 78 (2) (b)], or

(b) an individual for the purposes of receiving and recording service or policy complaints, forwarding them to the police complaint commissioner and assisting persons under sections 168 (2) (b) [making a service or policy complaint] and 169 [if complaint made to member, designated individual or chair under section 168 (2) (b)].

(6) A designation under subsection (5) (a) or (b) may include terms and conditions the police complaint commissioner considers appropriate.

(b) an individual designated under subsection (5) (a) or (b), except to the extent that the Public Service Act may already apply to any such individual before the designation.

Confidentiality

51.01 (1) Before beginning to exercise powers and perform duties under this Act, a deputy police complaint commissioner and an employee appointed under section 51 (1) must take an oath before the police complaint commissioner

(a) to faithfully and impartially exercise the powers and perform the duties delegated by the police complaint commissioner to the deputy police complaint commissioner or the other employee, and

(b) not to divulge any information received in the exercise of those powers or performance of those duties, except as permitted under this Act.

(2) A person retained under section 51 (3) must take an oath before the police complaint commissioner not to divulge any information received in assisting the police complaint commissioner in the exercise of her or his powers or performance of her or his duties under this Act.

(3) Before beginning to perform duties under section 80 [if complaint made to member or designated individual under section 78 (2) (b)] or 169 [if complaint made to member, designated individual or chair under section 168 (2) (b)], an individual designated under section 51 (5) (a) or (b) must take an oath before the police complaint commissioner

(b) not to divulge any information received in the performance of those duties, except as permitted under this Act.

(4) For the purposes of subsections (1) to (3), the police complaint commissioner is a commissioner for taking affidavits in British Columbia.

(5) The police complaint commissioner, any person employed, retained or designated by the police complaint commissioner, and every investigating officer must, except as specifically authorized under this Act, maintain confidentiality in respect of all matters that come to her or his knowledge in the exercise of powers or performance of duties under this Act.

Non-delegable powers and duties of police complaint commissioner

51.02 The police complaint commissioner may not delegate to any person employed, retained or designated by the police complaint commissioner any of the following powers and duties:

(a) the duty of the police complaint commissioner to report to the Speaker of the Legislative Assembly under section 51.1 [annual report];

(b) the powers of the police complaint commissioner under section 84 (2) or (4) [discontinuance and consolidation of complaints made by third-party complainants];

(c) the power of the police complaint commissioner under section 92 (1) or (3) [external investigations when in public interest];

(d) the power of the police complaint commissioner under section 93 [independent power to order investigation, whether or not complaint made];

(e) the power of the police complaint commissioner under section 97 (1) (d) [police complaint commissioner's powers relating to investigation];

(f) the power of the police complaint commissioner to appoint a retired judge under section 117 (1) [appointment of new discipline authority if conclusion of no misconduct is incorrect];

(g) the duty of the police complaint commissioner to appoint a retired judge as a discipline authority under section 135 (2) (b) [power to designate another discipline authority if in public interest];

(h) the duties of the police complaint commissioner under section 138 [determining whether to arrange public hearing or review on the record];

(i) the duties of the police complaint commissioner under section 142 (1) and (2) [appointment of adjudicator for public hearing or review on the record];

(j) the duties of the police complaint commissioner under section 177 (2) (a) and (b) [guidelines], (c) [forms] and (f) [reports];

Personal liability protection and non-compellability
in civil proceedings

51.03 (1) In this section, "protected individual" means an individual who is or was any of the following:

(b) a deputy police complaint commissioner or an employee appointed under section 51 (1);

(d) an individual designated by the police complaint commissioner under section 51 (5).

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected individual because of anything done or omitted

(3) Subsection (2) does not apply to a protected individual in relation to anything done or omitted in bad faith.

(4) A protected individual and anyone acting for or under the direction of the protected individual must not give, or be compelled to give, evidence in court or in any other proceedings in respect of any records or information obtained in the exercise of powers or performance of duties under this Act.

(5) Despite subsection (4), a protected individual or anyone acting for or under the direction of the protected individual may give, or be compelled to give, evidence in any of the following:

(6) Subsections (4) and (5) apply also in respect of evidence of the existence of an investigation under Part 11, a mediation or other means of informal resolution under Part 11 or any proceeding conducted under Part 11.

SECTION 6: [Police Act, section 51.2] repeals the spent provisions respecting review of the police complaint procedures enacted in 1997 and provides for regular audits by a special committee of the Legislative Assembly in respect of randomly selected complaints and investigations under the new Part 11 proposed by this Bill.

Audit of complaints and investigations under Part 11

51.2 (1) In this section, "special committee" means a special committee of the Legislative Assembly that the Legislative Assembly appoints for the purposes of this section.

(2) Before January 1, 2013, the special committee must conduct an audit respecting the outcome or resolution of randomly selected complaints and investigations under Part 11, and must submit a report respecting the results of the audit to the Legislative Assembly within one year after the date of the appointment of the special committee.

(3) As part of the audit process contemplated by subsection (2), the special committee may

(a) request the police complaint commissioner to provide copies of any records, information or reports referred to in section 177 (2) (d) to (f) [general responsibility and functions of police complaint commissioner],

(b) review and consider the copies of records, information and reports referred to in paragraph (a) that the police complaint commissioner provides, and

(4) Subject to subsection (5), the police complaint commissioner must comply with a request of the special committee under subsection (3) (a).

(5) Before providing copies of the records, information and reports referred to in subsection (3) (a), the police complaint commissioner may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(6) At least once every 6 years after the report under subsection (2) is submitted to the Legislative Assembly, the special committee must act as described in subsections (2) and (3).

(7) A report submitted under subsection (2) or (6) may include any recommendations that the special committee considers necessary or appropriate.

SECTION 7: [Police Act, Divisions 3 to 7 of Part 9] repeals provisions respecting the processing of complaints against municipal police as those provisions are amended and replaced by the new Part 11 proposed by this Bill.

SECTION 8: [Police Act, section 67] changes a cross-reference, consequential to the amendments proposed by this Bill.

8 Section 67 is amended by striking out "a discipline authority, as defined in section 46," and substituting "a discipline authority, as defined in section 76,".

SECTION 9: [Police Act, section 74] repeals or limits regulation-making powers respecting subjects dealt with in the new Part 11 as a result of separate regulation-making powers provided in the proposed section 184.

(k) providing for the payment of fees and expenses to witnesses at hearings or appeals under this Act, other than witnesses referred to in section 122 or witnesses called under section 141 (4) or 143 (5); ,

(c) in subsection (3) by striking out "under subsections (2) and (5)," and substituting "under subsections (2) and (5) and section 184 [regulations under Parts 9 and 11],", and

(4) The Lieutenant Governor in Council may make different regulations under subsection (2) (b), (t) or (u) or (5) for different classes of officers.

SECTION 10: [Police Act, Part 11] adds Part 11 to replace Divisions 3 to 7 of Part 9 respecting procedures for complaints against municipal police officers and does the following:

moves from the regulations to the Act provisions respecting what conduct constitutes officer misconduct and what disciplinary and corrective measures are available;
facilitates the receipt of complaints about officer misconduct for forwarding to the police complaint commissioner, requires the police complaint commissioner to determine and develop guidelines respecting the form and manner of receiving and recording complaints, and no longer requires that complainants make complaints in writing;
applies the provisions of the proposed Part 11 in respect of former officers who retire or resign subsequent to a complaint or report of alleged misconduct, and provides that service records of discipline are modified as a consequence;
changes the process for characterization of complaints by empowering the police complaint commissioner to determine admissibility;
gives the police complaint commissioner a greater role in overseeing the complaint and investigation process by
allowing the police complaint commissioner to contemporaneously monitor investigations and discipline proceedings,
empowering the police complaint commissioner to give directions regarding additional investigative steps, and
clarifying the police complaint commissioners authority to independently order internal and external investigations and to order changes of discipline authorities, when in the public interest;

requires all instances of in-custody and police-related deaths and cases involving serious harm or reportable injury to be reported to the police complaint commissioner, and requires that there be an external investigation in all instances of in-custody and police-related deaths and cases involving serious harm;

sets out the investigation powers and duties of investigating officers, requires officers to cooperate fully with an investigation and provides investigating officers with warrant powers where necessary;

makes it an offence for a person

to harass, coerce or intimidate persons in relation to complaints or reports made about officer conduct, or
to hinder, delay, obstruct or interfere with an investigating officer;

establishes timelines for the taking of steps in the complaint, investigation and discipline process;

enables the questioning of witnesses at discipline proceedings in specified circumstances;

provides for an enhanced discipline proceeding, with a different discipline authority than the one engaged in the pre-hearing conference, and provides a complete record for review of investigations and discipline decisions;

provides for reviews on the record of discipline proceedings in specified circumstances, as an alternative to a full public hearing;

details adjudicator powers in respect of public hearings and reviews on the record;

provides for the use of mediation and other informal means of resolution in appropriate cases;

provides for the use of an electronic file monitoring system to enable the police complaint commissioner to securely and electronically monitor records respecting investigations and proceedings under this Part.

Definitions and interpretation

"adjudicator" means a person appointed under section 142 to preside over a public hearing or review on the record;

"commission counsel" means legal counsel representing the police complaint commissioner;

(a) a person who makes and registers a complaint under section 78 [how complaints are made],

(c) if a complaint is made on behalf of another by an individual authorized to do so under section 78, the authorized individual,

but does not include a person whose complaint is discontinued under section 84 [discontinuance and consolidation of complaints made by third-party complainants], 94 (2) [withdrawal of complaint by complainant] or 164 (1) (b) [consequences if participant fails to attend mediation proceeding];

"conduct" includes any act or omission, and a reference to the occurrence of any conduct includes the doing of an act or the making of an omission;

"disciplinary or corrective measures" means any one or more of the measures described in section 126 (1) [imposition of disciplinary or corrective measures];

(a) in relation to a complaint or an investigation under Division 3 [Process Respecting Alleged Misconduct] concerning the conduct of a member who is not a chief constable or deputy chief constable,

(i) a chief constable of the municipal police department with which the member is employed, unless section 117 (9), 134 or 135 (1) applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section,

(iii) if section 134 [chief constable may delegate discipline authority functions] applies, a person referred to in subsection (1) (a) or (b) of that section, or

(iv) if section 135 (1) [power to designate another discipline authority if in public interest] applies, a senior officer designated under that section as discipline authority by the police complaint commissioner;

(b) in relation to a complaint or an investigation under Division 3 concerning the conduct of a member who is a chief constable or deputy chief constable,

(i) the chair of the board by which the member is employed, unless section 117 (9) or 135 (2) applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section, or

(iii) if section 135 (2) [power to designate another discipline authority if in public interest] applies, a retired judge appointed under that section as discipline authority by the police complaint commissioner;

(c) in relation to a complaint or an investigation under Division 3 concerning the conduct of a former member who, at the time of the conduct of concern, was not a chief constable or deputy chief constable,

(i) a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, unless section 117 (9), 134 or 135 (1) applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section,

(iii) if section 134 [chief constable may delegate discipline authority functions] applies, a person referred to in subsection (1) (a) or (b) of that section, or

(d) in relation to a complaint or an investigation under Division 3 concerning the conduct of a former member who, at the time of the conduct of concern, was a chief constable or deputy chief constable,

(i) the chair of the board by which the former member was employed at the time of the conduct of concern, unless section 117 (9) or 135 (2) applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section, or

"discipline representative" means a person appointed by the discipline authority under section 121 (1) (a) [if member's or former member's request to question witnesses is accepted];

"external police force", in relation to a municipal police department to which section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm], 91 (1) [external investigation of chief constables], 92 (1), (2) or (3) [external investigations when in public interest] or 93 (1) (b) (ii) [independent power to order investigation] applies, means

"final investigation report" means the report provided by an investigating officer under section 98 (4) or (10) (b) [investigating officer's duty to file reports], but does not include a report that is rejected under section 98 (9);

"firearm" means a gun that uses, as a propellant, compressed air, explosives or gas;

"former member", in relation to a complaint or an investigation under Division 3 concerning the conduct of a person who, at the time of the conduct of concern, was a member of a municipal police department but who after that time has retired or resigned and is no longer a member of any municipal police department, means that person;

"internal discipline matter" means a matter concerning the conduct or deportment of a member that

(a) is not the subject of an admissible complaint or an investigation under Division 3 [Process Respecting Alleged Misconduct], and

(a) a matter under section 89 (2) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm],

(b) an admissible complaint under section 90 (1) (b) [if complaint not resolved informally, investigation must be initiated],

(d) an admissible complaint under section 92 (1), (2) or (3) [external investigations when in public interest], or

(e) conduct of a member under section 93 [independent power to order investigation];

"member" means a municipal constable, deputy chief constable or chief constable of a municipal police department;

"public hearing" means a public hearing referred to in section 143 [public hearing];

"public hearing counsel" means, in relation to a public hearing, legal counsel appointed by the police complaint commissioner under section 138 (7) [determining whether to arrange public hearing or review on the record] for the purposes of that public hearing;

(b) an injury requiring emergency care by a medical practitioner or nurse practitioner and transfer to a hospital;

"review on the record" means a review on the record referred to in section 141 [review on the record];

(a) a chief constable of the municipal police department with which the member is employed, or

(b) any other member designated by that chief constable to supervise members of the municipal police department;

"supplementary report" means the supplementary investigation report provided by an investigating officer under section 115 (2) [if member's or former member's request for further investigation is accepted];

"third-party complainant" means a person who makes and registers a complaint under section 78 (1) [how complaints are made] who is not a person or an individual described in section 78 (1) (a) or (b).

(2) In Division 3 [Process Respecting Alleged Misconduct], "agent", with reference to a member or former member, means the member's or former member's trade union representative or some other individual of the member's or former member's choice, other than her or his legal counsel.

(3) In Division 3, "complainant" includes a representative appointed under section 87 [appointment of representative for complainants].

Defining misconduct

(a) conduct that constitutes a public trust offence described in subsection (2), or

(i) an offence under section 86 [offence to harass, coerce or intimidate anyone questioning or reporting police conduct or making complaint] or 106 [offence to hinder, delay, obstruct or interfere with investigating officer], or

(ii) a disciplinary breach of public trust described in subsection (3) of this section.

(2) A public trust offence is an offence under an enactment of Canada, or of any province or territory in Canada, a conviction in respect of which does or would likely

(b) discredit the reputation of the municipal police department with which the member is employed.

(3) Subject to subsection (4), any of the conduct described in the following paragraphs constitutes a disciplinary breach of public trust, when committed by a member:

(a) "abuse of authority", which is oppressive conduct towards a member of the public, including, without limitation,

(i) intentionally or recklessly making an arrest without good and sufficient cause,

(ii) in the performance, or purported performance, of duties, intentionally or recklessly

(iii) when on duty, or off duty but in uniform, using profane, abusive or insulting language to any person including, without limitation, language that tends to demean or show disrespect to the person on the basis of that person's race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status;

(b) "accessory to misconduct", which is knowingly being an accessory to any conduct set out in this subsection, including, without limitation, aiding, abetting, counselling or being an accessory after the fact;

(i) without lawful excuse, failing to make a prompt and true return of, or misappropriating, any money or property received in the performance of duties as a member,

(ii) agreeing or allowing to be under a pecuniary or other obligation to any person in a manner that would likely be seen to affect the member's ability to properly perform the duties of a member,

(iii) using or attempting to use one's position as a member for personal gain or other purposes unrelated to the proper performance of duties as a member, or

(iv) using or attempting to use any equipment or facilities of a municipal police department, or any other police force or law enforcement agency, for purposes unrelated to the performance of duties as a member;

(B) any property that is in police custody or the care of which has been entrusted to the member in the performance of duties as a member, or

(ii) without lawful excuse, failing to report any loss or destruction of, or any damage to, any property referred to in subparagraph (i), however caused;

(i) when on duty, or off duty but in uniform, intentionally or recklessly damaging any property belonging to a member of the public, or

(g) "discourtesy", which is failing to behave with courtesy due in the circumstances towards a member of the public in the performance of duties as a member;

(h) "discreditable conduct", which is, when on or off duty, conducting oneself in a manner that the member knows, or ought to know, would be likely to bring discredit on the municipal police department, including, without limitation, doing any of the following:

(i) acting in a disorderly manner that is prejudicial to the maintenance of discipline in the municipal police department;

(ii) contravening a provision of this Act or a regulation, rule or guideline made under this Act;

(iii) without lawful excuse, failing to report to a peace officer whose duty it is to receive the report, or to a Crown counsel, any information or evidence, either for or against any prisoner or defendant, that is material to an alleged offence under an enactment of British Columbia or Canada;

(i) disclosing, or attempting to disclose, information that is acquired by the member in the performance of duties as a member, or

(ii) removing or copying, or attempting to remove or copy, a record of a municipal police department or any other police force or law enforcement agency;

(j) "improper off-duty conduct", which is, when off duty, asserting or purporting to assert authority as a member, an officer or a member of the Royal Canadian Mounted Police and conducting oneself in a manner that would constitute a disciplinary breach of trust if the member were on duty as a member;

(k) "improper use or care of firearms", which is failing to use or care for a firearm in accordance with standards or requirements established by law;

(i) owing to the effects of intoxicating liquor or any drug, or any combination of them, being unfit for duty when on duty or reporting for duty, or

(ii) without proper authority, making use of or accepting from any other person intoxicating liquor when on duty or when off duty but in uniform in a public place;

(m) "neglect of duty", which is neglecting, without good or sufficient cause, to do any of the following:

(i) properly account for money or property received in one's capacity as a member;

(ii) promptly and diligently do anything that it is one's duty as a member to do;

(4) It is not a disciplinary breach of public trust for a member to engage in conduct that is necessary in the proper performance of authorized police work.

How complaints are made to and registered
with police complaint commissioner

78 (1) Subject to section 79, a complaint concerning any conduct of a member that is alleged to constitute misconduct may be made to and registered with the police complaint commissioner

(a) by a person who is directly affected by, or who directly witnesses, the conduct,

(b) by an individual known to and acting on behalf of a person described in paragraph (a), if the person on whose behalf the complaint is being made consents to its being made or is, because of age or a mental or physical condition, incapable of giving consent, or

(b) to one of the following for forwarding under section 80 to the police complaint commissioner:

(i) a member on duty at a station of any municipal police department who is assigned to receive and register complaints under this Division;

(ii) an individual designated by the police complaint commissioner under section 51 (5) (a) [staff and other designated individuals].

Time limit for making complaints

79 (1) A complaint must be made within the 12-month period beginning on the date of the conduct giving rise to the complaint or within any extension of that period allowed under subsection (2).

(2) The police complaint commissioner may extend the time limit for making a complaint if the police complaint commissioner considers that there are good reasons for doing so and it is not contrary to the public interest.

(a) the police complaint commissioner, if made directly to the police complaint commissioner, or

(b) a member or designated individual referred to in section 78 (2) (b), if the complaint is made by stating or delivering it as described in section 78 (2) (b).

If complaint made to member or designated individual
under section 78 (2) (b)

80 (1) When a member or designated individual referred to in section 78 (2) (b) receives a complaint under that provision, she or he must immediately

(c) forward to the police complaint commissioner a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint.

(a) provide the complainant with any assistance that complainant requires in making the complaint,

(b) provide any information or advice to the complainant that may be required under the guidelines prepared under section 177 (2) (a) by the police complaint commissioner,

(d) provide the complainant with a copy of the police complaint commissioner's list, established under section 177 (2) (k), of support groups and neutral dispute resolution service providers and agencies, and

(e) complete and forward to the police complaint commissioner the record of complaint in the form and manner required by the police complaint commissioner.

If complaint made directly to police complaint commissioner

81 When the police complaint commissioner receives a complaint directly from a person under section 78 (2) (a), the police complaint commissioner must immediately

(ii) a copy of the police complaint commissioner's list, established under section 177 (2) (k), of support groups and neutral dispute resolution service providers and agencies, and

(i) a chief constable of the municipal police department with which the member whose conduct is the subject of the complaint is employed, unless the complaint concerns the conduct of a member who is a chief constable or deputy chief constable;

(ii) if the complaint concerns the conduct of a chief constable or deputy chief constable, the board by which that constable is employed;

(iii) if the complaint concerns the conduct of a member who has since the time of that conduct retired or resigned and is no longer a member of any municipal police department, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern.

Determination of whether complaint is admissible

82 (1) On receiving a complaint directly from a complainant or receiving a copy or record of a complaint from a member or designated individual referred to in section 78 (2) (b), the police complaint commissioner must determine whether the complaint is admissible or inadmissible under this Division.

(a) the conduct alleged would, if substantiated, constitute misconduct by the member,

(b) the complaint is made within the time allowed under section 79 (1) or (2) [time limit for making complaints], and

(3) A complaint or a part of a complaint is inadmissible under this Division insofar as it relates to any of the following:

(a) the general direction and management or operation of a municipal police department;

(b) the inadequacy or inappropriateness of any of the following in respect of a municipal police department:

(4) A complaint concerning a person who, at the time of the conduct alleged, was a member is not inadmissible by reason only that the person

(b) retires or resigns from the municipal police department at any time after the complaint is made.

(5) Nothing in this section limits the application of section 109 [power to discontinue investigation].

(6) Any complaint or part of a complaint that is determined inadmissible under subsection (3) must be processed by the board of the municipal police department concerned under Division 5 [Process Respecting Department Service and Policy Complaints].

Notification following determination of admissibility

83 (1) On determining under section 82 that a complaint is inadmissible, the police complaint commissioner must

(ii) a chief constable of the municipal police department with which the member in respect of whom the complaint is made is employed or, if the complaint concerns the conduct of a former member, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, and

(iii) in the case of a complaint determined inadmissible under section 82 (3), the board of the municipal police department concerned,

(c) if the determination results from the application of section 82 (3), include in the notification the requirement under section 82 (6) to process the complaint under Division 5 [Process Respecting Department Service and Policy Complaints], and

(2) On determining under section 82 that a complaint is admissible, the police complaint commissioner must as soon as practicable give written notification of that determination to

(b) unless paragraph (c) applies, a chief constable of the municipal police department with which the member in respect of whom the complaint is made is employed or, if the complaint concerns the conduct of a former member, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, and

(c) if the complaint concerns the conduct of a chief constable or former chief constable of a municipal police department, the chair of the board of that municipal police department.

(3) On being notified of an admissible complaint concerning a member or former member of a municipal police department, a chief constable of the municipal police department must, subject to section 88 (1) (b) [duty to preserve evidence relating to complaint or report], notify the member or former member that a complaint has been made and specify the nature of the complaint and the name of the complainant.

(4) On being notified of an admissible complaint concerning a chief constable or a former chief constable of a municipal police department, the chair of the board of that municipal police department must, subject to subsection (5), notify that chief constable or former chief constable that a complaint has been made and specify the nature of the complaint and the name of the complainant.

(5) The police complaint commissioner may direct the chair referred to in subsection (4) to postpone notifying the chief constable or former chief constable concerned until such time as the police complaint commissioner may direct.

(6) The chair must comply with the police complaint commissioner's direction under subsection (5).

Discontinuance and consolidation of complaints
made by third-party complainants

84 (1) The police complaint commissioner must discontinue a complaint registered by a third-party complainant under section 78 (1) (c) concerning the conduct of a member or former member if a person described in section 78 (1) (a) or (b) makes and registers an admissible complaint concerning the same conduct.

(2) Unless subsection (1) applies, the police complaint commissioner may do any of the following if more than one third-party complainant registers a complaint under section 78 concerning the same conduct of a member or former member and the police complaint commissioner considers it to be in the public interest:

(a) consolidate the complaints for the purposes of an investigation or a proceeding under this Part;

(b) discontinue one or more of the complaints for the purposes of an investigation or a proceeding under this Part;

(c) discontinue one or more of the complaints and consolidate the remainder of them for the purposes of an investigation or a proceeding under this Part.

(3) If a complaint registered by a third-party complainant is discontinued under this section, the police complaint commissioner must

(4) Despite subsection (3) (b), on request of the third-party complainant referred to in that subsection, the police complaint commissioner may provide that person with one or more of the following records, if the police complaint commissioner considers it in the public interest to do so:

(a) a copy of the final investigation report received by the complainant under section 112 (1) (b) (i) [discipline authority to review final investigation report and give early notice of next steps];

(c) a copy of the supplementary report received by the complainant under section 116 (1) (b) (i) [discipline authority to review supplementary report and give notice of next steps];

(e) a copy of the report referred to in section 133 (1) (a) [review of discipline proceedings].

(5) Before providing copies of any record referred to in subsection (4), the police complaint commissioner may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(6) On being notified that a complaint concerning the conduct of a member or former member is discontinued under this section, the discipline authority must, subject to a postponement under section 88 (1) (b) [duty to preserve evidence relating to complaint or report] and subsection (7) of this section, notify the member or former member of that discontinuance.

(7) The police complaint commissioner may direct the discipline authority referred to in subsection (6) to postpone notifying the member or former member concerned until such time as the police complaint commissioner may direct.

(8) The discipline authority must comply with the police complaint commissioner's direction under subsection (7).

Departments to make record of reports not
resulting in registered complaints

(a) direct a chief constable or the board of a municipal police department to ensure that a record is made, in the form and manner required by the police complaint commissioner, of any oral or written report to the department by a member of the public or any other person that raises a question or concern about the conduct of a member of the municipal police department but that does not result in the making and registration of a complaint under section 78 [how complaints are made],

(b) direct a chief constable or the board of a municipal police department to ensure

(i) that every person who reports a question or concern described in paragraph (a) is provided the information or advice that may be required under the guidelines prepared by the police complaint commissioner under section 177 (2) (b) [general responsibility and functions of police complaint commissioner], and

(ii) that procedures under the guidelines referred to in subparagraph (i) are followed by all members of the municipal police department, and

(c) inspect a record made under paragraph (a) or require a senior officer of the municipal police department to produce the record to the police complaint commissioner for audit.

(2) Despite any other enactment and any claim of confidentiality or privilege, other than a claim based on solicitor-client privilege,

(a) the chief constable of a municipal police department referred to in subsection (1) must ensure that the directions and requirements of the police complaint commissioner under that subsection are complied with, and

(b) all members of the municipal police department must cooperate fully with the police complaint commissioner in an inspection or audit under subsection (1) (c).

(3) Subject to sections 79 [time limit for making complaints] and 82 [determination of whether complaint is admissible], nothing in this section prevents any person who raises a question or concern about the conduct of a member or former member from making a complaint about the same matter under section 78 [how complaints are made].

Offence to harass, coerce or intimidate anyone questioning
or reporting police conduct or making a complaint

86 (1) A person must not harass, coerce or intimidate any other person in relation to any complaint or report concerning the conduct of a member or former member under this Part.

Appointment of representative for complainants

87 (1) Subject to subsection (3), the police complaint commissioner may appoint a representative for a complainant as follows:

(a) if the complainant is under 19 years of age, a parent or legal guardian or, if no parent or legal guardian is available or willing to act, a responsible adult;

(b) if the police complaint commissioner considers that the complainant is unable to assert her or his rights under this Part because of age or a mental or physical condition, an adult of the complainant's choice or, if no such adult is identifiable, available or willing to act, a responsible adult;

(c) if the complainant dies after making a complaint, the executor of the complainant or the administrator of the complainant's estate or, if no executor or administrator is available or willing to act, a responsible adult.

(2) A representative appointed under subsection (1) has all of the rights and responsibilities available under this Part to a complainant who is a competent adult.

(3) In deciding whether to appoint a representative under this section, the police complaint commissioner must consider

(a) whether the complainant is capable of exercising the rights available under this Part to a complainant without the assistance of a representative, and

Duty to preserve evidence relating to complaint or report

(a) must take every reasonable step to ensure that members of her or his municipal police department, on becoming aware of

(i) a death or the suffering of serious harm or a reportable injury described in section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm], or

take any lawful measures that appear to them to be necessary or expedient for the purposes of obtaining and preserving evidence relating to the matter, and

(b) may postpone notifying the member or former member whose conduct is the subject of the complaint or report until those measures are taken.

(2) Subsection (1) applies whether or not a determination has been made under section 82 about the admissibility of the complaint under this Division.

Reporting of death, serious harm and reportable injury, and mandatory
external investigation in cases of death and serious harm

89 (1) A chief constable of a municipal police department must immediately report to the police complaint commissioner, in the form and manner required by the police complaint commissioner, if

(i) while in the custody or care of a member of the municipal police department, or

(b) a person dies or suffers serious harm or a reportable injury and the death, serious harm or reportable injury could be seen to be the result of

(2) Despite any other provision of this Part, if a person dies or suffers serious harm in circumstances described in subsection (1) (a) or (b), the police complaint commissioner must direct that an investigation into the matter be conducted by either of the following as investigating officer:

(a) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;

(b) a special provincial constable appointed for the purpose of this section by the minister.

(3) In making an appointment under subsection (2) (b), the minister must consider the recommendations, if any, of the police complaint commissioner.

(ii) if the matter concerns the conduct of a member or former member, the constable's rank is equivalent to or higher than the rank of the member or former member,

(5) The police complaint commissioner may establish guidelines respecting the criteria to be applied by a chief constable in determining whether an injury constitutes serious harm for the purposes of subsection (1), which guidelines may provide for a determination to be made by the police complaint commissioner on the matter.

If complaint not resolved informally, investigation must be initiated

90 (1) Subject to sections 89 [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm], 91 [external investigation of chief constables] and 92 [external investigations when in public interest], if an admissible complaint against a member or former member of a municipal police department is not resolved under Division 4 [Resolution of Complaints by Mediation or Other Informal Means], a chief constable of that municipal police department must promptly

(a) initiate an investigation into the matter or notify the police complaint commissioner of the reasons for any delay in initiating an investigation,

(b) appoint a constable of the municipal police department as investigating officer in the investigation, and

(2) The chief constable may appoint under subsection (1) (b) only a constable who meets both of the following criteria:

(b) the constable's rank is equivalent to or higher than the rank of the member or former member whose conduct is the subject of the complaint.

If complaint against chief constable not resolved informally,
external investigation must be initiated

91 (1) Despite section 90 (1) [if complaint not resolved informally, investigation must be initiated], if an admissible complaint against a chief constable or former chief constable of a municipal police department is not resolved under Division 4 [Resolution of Complaints by Mediation or Other Informal Means], then the police complaint commissioner must direct that an investigation into the matter be conducted by either of the following as investigating officer:

(b) a special provincial constable appointed for the purpose of this section by the minister.

(2) In making an appointment under subsection (1) (b), the minister must consider the recommendations, if any, of the police complaint commissioner.

(3) A chief constable, a chief officer or the commissioner referred to in subsection (1) (a)

(ii) the constable's rank is equivalent to or higher than the rank of the chief constable or former chief constable whose conduct is the subject of the complaint,

External investigations when in public interest

92 (1) Despite section 90 (1), if at any time the police complaint commissioner considers that an external investigation of an admissible complaint against a member or former member of a municipal police department is necessary in the public interest, the police complaint commissioner may direct that the investigation be conducted by either of the following as investigating officer:

(b) a special provincial constable appointed for the purpose of this section by the minister.

(2) Despite section 90 (1), but subject to the approval of the police complaint commissioner, if at any time a chief constable of a municipal police department considers that an external investigation of an admissible complaint against a member or former member of the municipal police department is necessary in the public interest, the chief constable may direct that the investigation be conducted by a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force.

(3) The police complaint commissioner may, if the police complaint commissioner considers it necessary and appropriate, redirect an external investigation under subsection (2) to

(a) a constable of another external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force, or

(b) a special provincial constable appointed for the purpose of this section by the minister.

(4) A chief constable, a chief officer or the commissioner referred to in subsection (1) (a), (2) or (3) (a)

(ii) the constable's rank is equivalent to or higher than the rank of the member or former member whose conduct is the subject of the complaint,

(a) the police complaint commissioner issues a direction under subsection (1) or a redirection under subsection (3), or

(b) the chief constable referred to in subsection (2) issues a direction under subsection (2),

the investigating officer must promptly provide all records related to the investigation to the constable or special provincial constable appointed under subsection (1), (2) or (3), as the case may be.

Independent power to order investigation,
whether or not complaint made

93 (1) Regardless of whether a complaint is made or registered under section 78, if at any time information comes to the attention of the police complaint commissioner concerning the conduct of a person who, at the time of the conduct, was a member of a municipal police department and that conduct would, if substantiated, constitute misconduct, the police complaint commissioner may

(b) direct that the investigation into the matter be conducted under this Division by any of the following as investigating officer:

(i) a constable of the municipal police department who has no connection with the matter and whose rank is equivalent to or higher than the rank of the member or former member whose conduct is the subject of the investigation;

(ii) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;

(iii) a special provincial constable appointed for the purpose of this section by the minister.

(2) In making an appointment under subsection (1) (b) (iii), the minister must consider the recommendations, if any, of the police complaint commissioner.

(3) The police complaint commissioner must notify the following persons, as applicable, of any direction made under subsection (1) (b) (ii) or (iii):

(a) a chief constable of the member whose conduct is the subject of the investigation;

(b) a chief constable of the municipal police department with which the former member was employed at the time of the conduct that is the subject of the investigation;

(c) if the member whose conduct is the subject of the investigation is a chief constable or deputy chief constable of a municipal police department, the chair of the board of the municipal police department;

(d) if the member whose conduct is the subject of the investigation was, at the time of the conduct, a chief constable or deputy chief constable of a municipal police department, the chair of the board of that municipal police department.

(4) A chief constable, a chief officer or the commissioner referred to in subsection (1) (b) (ii)

(i) the constable has no connection with the matter being investigated under subsection (1) (b);

(ii) the constable's rank is equivalent to or higher than the rank of the member or former member whose conduct is the subject of the investigation,

(5) On being notified under subsection (3) (a) or (b), the chief constable must, subject to section 88 (1) (b) [duty to preserve evidence relating to complaint or report], notify the member or former member concerned that the police complaint commissioner has ordered an investigation under this section.

(6) On being notified under subsection (3) (c) or (d), the chair of the board must, subject to subsection (7), notify the member or former member concerned that the police complaint commissioner has ordered an investigation under this section.

(7) The police complaint commissioner may direct the chair referred to in subsection (6) to postpone notifying the member or former member concerned until such time as the police complaint commissioner may direct.

(8) The chair must comply with the police complaint commissioner's direction under subsection (7).

(9) The police complaint commissioner may provide information respecting an investigation under this section to any persons who, in the police complaint commissioner's opinion, have a direct interest in the matter.

(10) In providing information under subsection (9), the police complaint commissioner may sever any information that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

Withdrawal of complaint by complainant

94 (1) If a complainant chooses to withdraw a complaint made or registered under section 78, the complainant must give notification to the police complaint commissioner in the form and manner required by the police complaint commissioner.

(2) If notification is received in accordance with subsection (1), the police complaint commissioner must accept that withdrawal, but the police complaint commissioner may order an investigation under section 93 [independent power to order investigation] or continue to proceed with an ongoing investigation into the matter as if the investigation had been initiated under that section.

(3) The police complaint commissioner must notify the following of the withdrawal of a complaint under this section and whether an investigation will be ordered or continued under subsection (2):

(a) a chief constable of the member whose conduct was the subject of the complaint;

(b) a chief constable of the municipal police department with which the former member was employed at the time of the conduct that was the subject of the complaint;

(c) if the member whose conduct was the subject of the complaint is a chief constable or deputy chief constable of a municipal police department, the chair of the board of the municipal police department;

(d) if the member whose conduct was the subject of the complaint was, at the time of the conduct, a chief constable or deputy chief constable of a municipal police department, the chair of the board of that municipal police department;

(e) the investigating officer, if one had already been appointed to investigate the complaint.

(4) On being notified under subsection (3) (a) or (b), the chief constable must, subject to section 88 (1) (b) [duty to preserve evidence relating to complaint or report], notify the member or former member concerned of the withdrawal of the complaint and, if applicable, that the police complaint commissioner has ordered or continued an investigation under this section.

(5) On being notified under subsection (3) (c) or (d), the chair of the board must, subject to subsection (6), notify the member or former member concerned of the withdrawal of the complaint and, if applicable, that the police complaint commissioner has ordered or continued an investigation under this section.

(6) The police complaint commissioner may direct the chair referred to in subsection (5) to postpone notifying the member or former member concerned until such time as the police complaint commissioner may direct.

(7) The chair must comply with the police complaint commissioner's direction under subsection (6).

Confidentiality of investigations

95 (1) Except as otherwise provided under this Part, the police complaint commissioner may not disclose

(2) Despite subsection (1), the police complaint commissioner may make a disclosure described in subsection (1) if she or he considers it in the public interest.

Police complaint commissioner entitled
to observe investigations

96 (1) At any time before an investigation is initiated under this Part or during the investigation, if the police complaint commissioner considers it in the public interest to do so, the police complaint commissioner may decide to

(b) designate an employee to observe and report on the investigation to the police complaint commissioner.

(2) The police complaint commissioner must notify the investigating officer of a decision under subsection (1).

Police complaint commissioner's powers
relating to investigation

97 (1) For the purposes of monitoring an investigation under this Part, the police complaint commissioner may

(a) require the investigating officer to keep the police complaint commissioner or a designated observer informed of the progress of the investigation at times in addition to those required under section 98 [investigating officer's duty to file reports] or more frequently than required under that section,

(b) require the investigating officer to provide or copy to the police complaint commissioner or a designated observer any information or record related to the investigation, in the manner and form specified by the police complaint commissioner,

(c) provide advice to the investigating officer or the discipline authority in respect of further investigative steps, and

(d) subject to subsection (2), direct that further investigative steps be taken.

(2) A direction under subsection (1) (d) may be made only after consulting with the investigating officer and the discipline authority concerned.

(3) An investigating officer must comply with every requirement of the police complaint commissioner under subsection (1) (a) and (b).

(4) The discipline authority concerned must ensure that every direction of the police complaint commissioner under subsection (1) (d) is carried out.

Investigating officer's duty to file reports

98 (1) Within 30 business days after the initiation of an investigation, the investigating officer must file a report with the discipline authority and the police complaint commissioner on the progress of the investigation.

(2) At least once every 20 business days after the date of the initial report under subsection (1) and for as long as the investigation continues, the investigating officer must file a follow-up report with the discipline authority and the police complaint commissioner on the progress of the investigation.

(3) The police complaint commissioner must provide a copy of each report filed under subsections (1) and (2) to the complainant, if any, and member or former member concerned, unless the police complaint commissioner considers that doing so would hinder the investigation.

(4) Within 10 business days after the conclusion of an investigation, the investigating officer must file a final investigation report with the discipline authority and the police complaint commissioner.

(5) The investigating officer must include the following in the final investigation report:

(e) the investigating officer's assessment of the evidence and analysis of the facts.

(6) The investigating officer must make available to the discipline authority and the police complaint commissioner all of the evidence and the records referenced in the final investigation report.

(7) The discipline authority or the police complaint commissioner, or both, may require the investigating officer to provide or copy to them any record in the list under subsection (5) (d), or any information that may be in such a record, and to do so within the time and in the manner and form that the discipline authority or police complaint commissioner may direct.

(8) An investigating officer must comply with every requirement and direction of the discipline authority or police complaint commissioner under subsection (7).

(9) Within 10 business days after receiving an investigating officer's final investigation report, the discipline authority, or the police complaint commissioner in consultation with the discipline authority, may reject that report and direct that further investigative steps be taken.

(b) resubmit a final investigation report to the discipline authority and the police complaint commissioner

(11) The discipline authority must ensure that every direction under subsection (9) is carried out.

Investigations to be completed in 6 months

99 (1) An investigation into the conduct of a member or former member must be completed within 6 months after the date the investigation is initiated, unless

(a) the police complaint commissioner grants one or more extensions under this section, or

(b) the discipline authority directs further investigation under section 115 [if member's or former member's request for further investigation is accepted] or 132 (2) [adjournment of discipline proceeding for further investigation].

(2) The police complaint commissioner may grant an extension under this section only if the police complaint commissioner is satisfied that one or more of the following applies:

(a) new investigative leads are discovered that could not have been revealed with reasonable care;

Investigation powers in relation to municipal police departments

100 (1) For the purposes of an investigation under this Part, the investigating officer is entitled to access at any reasonable time, without a warrant or any order,

(b) any thing on or in the premises of a municipal police department, including, without limitation, any vehicle, equipment, device or other thing used or operated by a member or former member, and

(2) The investigating officer may do one or more of the following for the purposes of the investigation:

(a) bring along and use any equipment or materials required for the investigation;

(d) require that any place within the premises under paragraph (b) not be disturbed for a reasonable period of time;

(e) search for, or require a person employed by the municipal police board concerned to produce within a reasonable time, any record or thing in the person's possession or control that the investigating officer has reason to believe is relevant to the investigation, except a record that is subject to solicitor-client privilege or the disclosure of which

(ii) could reasonably be expected to do any of the things described in section 15 (1) of the Freedom of Information and Protection of Privacy Act;

(g) use any data storage, processing or retrieval device or system used at or available to the premises under paragraph (b) to produce, in readable form, any record, data or information that, subject to the exceptions set out in paragraph (e), the investigating officer has reason to believe is relevant to the investigation;

(h) take photographs or recordings of any part of the premises under paragraph (b);

(i) exercise other powers that may be necessary or incidental to conducting an investigation under this Part.

(3) On request by an investigating officer, a peace officer or any other person who has special, expert or professional knowledge may accompany and assist the investigating officer in the exercise of powers or performance of duties under this Part.

(4) Despite any other enactment and any claim of confidentiality or privilege, other than a claim based on solicitor-client privilege or any other exception described in subsection (2) (e), a person must promptly comply with a request or requirement that an investigating officer makes under this section.

(5) On application by the investigating officer and on notification to a chief constable of the municipal police department concerned or, if the investigation concerns the conduct of the chief constable, to the chair of the board of that municipal police department, a justice may issue an order authorizing the investigating officer to enter premises referred to in subsection (1) (a), search those premises or any thing referred to in subsection (1) (b), including a record, and exercise any of the powers set out in subsection (2) or (3) if the justice is satisfied by information under oath that there are reasonable grounds to suspect that

(a) the investigating officer has been prevented from exercising a right of access under subsection (1) or a power under subsection (2) or (3), or

(b) the investigating officer is likely to be prevented from exercising a right of access under subsection (1) or a power under subsection (2) or (3).

(6) An order under subsection (5) may contain terms and conditions that the justice considers advisable in the circumstances.

(7) An order under subsection (5) is valid for 20 business days or for a shorter period as may be specified in the order.

(8) In this section, "vehicle" includes a boat, a ship, a vessel, an aircraft, a train, a railway car or equipment, a motor vehicle, an all-terrain vehicle, a trailer or another movable structure.

Members' duty to cooperate with investigating officer,
answer questions and provide written statements

101 (1) A member must cooperate fully with an investigating officer conducting an investigation under this Part.

(2) Without limiting subsection (1), at any time during an investigation under this Part and as often as the investigating officer considers necessary, the investigating officer may request a member to do one or more of the following, and the member must fully comply with the request:

(a) answer questions in respect of matters relevant to the investigation and attend at a place specified by the investigating officer to answer those questions;

(b) provide the investigating officer with a written statement in respect of matters relevant to the investigation;

(c) maintain confidentiality with respect to any aspect of an investigation, including the fact of being questioned under paragraph (a) or being asked to provide a written statement under paragraph (b).

(3) A member requested to attend before an investigating officer must, if so requested by the investigating officer, confirm in writing that all answers and written statements provided by the member under subsection (2) are true and complete.

(4) Unless the discipline authority grants an extension under subsection (5), the member must comply with any request under subsection (2) within 5 business days after it is made.

(5) If satisfied that special circumstances exist, the discipline authority may extend the period within which the member must comply with a request under subsection (2).

Use of statements made to investigating officer
by members and former members

102 (1) A statement provided or an answer given during an investigation under this Part by a member or former member is inadmissible in evidence in court or in any other proceeding, except

(a) in a discipline proceeding, public hearing or review on the record concerning the conduct under investigation,

(d) in an application for judicial review or an appeal from a decision with respect to that application.

(2) Subsection (1) applies also in respect of evidence of the existence of a request to make a statement under section 101.

Investigation powers in relation to other premises

103 (1) A justice may, on application by the investigating officer without notice to any other person, issue an order in relation to any place, other than premises to which section 100 (5) [investigation powers in relation to municipal police departments] applies, authorizing the investigating officer to enter the place for which the order is issued and to exercise any of the powers set out in the order if the justice is satisfied by information under oath that

(b) there are reasonable grounds to believe that the conduct would, if substantiated, constitute misconduct,

(c) there are reasonable grounds to believe that there is in the place a record or thing that relates to the investigation, and

(d) it is in the interests of the administration of justice to issue the order having regard to all relevant matters, including the nature of the place sought to be entered.

(2) An order under subsection (1) does not apply to a place used wholly or partly as a private dwelling unless

(a) the investigating officer informs the justice that the order is being sought to authorize entry into a place used wholly or partly as a private dwelling, and

(b) the justice issues the order specifically authorizing entry into the private dwelling.

(a) authorize peace officers or other persons who have special, expert or professional knowledge to accompany and assist the investigating officer in the execution of the order, and

(b) contain terms and conditions that the justice considers advisable in the circumstances.

(4) An order under subsection (1) must be executed between 6 a.m. and 9 p.m., unless the order specifies otherwise.

(6) In this section, "private dwelling" means a structure that is used as a private residence, or a residential accommodation within any other structure.

Records or things removed

104 (1) In removing a record or other thing while acting under section 100 (2) [investigation powers in relation to municipal police departments] or under an order issued under section 100 (5) or 103 [investigation powers in relation to other premises], an investigating officer must give a receipt to the person from whom the record or thing is removed.

(b) must return within a reasonable time the record or thing detained under paragraph (a) if satisfied that it is no longer required for the purposes of the investigation or a proceeding under this Part arising from the investigation.

(3) If the investigating officer has removed a record or thing under an order issued under section 103 [investigation powers in relation to other premises], the investigating officer, or a person designated by the investigating officer, must as soon as reasonably possible

(4) The justice under subsection (3) (a) or (b) must do the following, as applicable:

(a) if the justice is satisfied that the record or thing should be detained for the purposes of the investigation, or a proceeding under this Part arising from the investigation, order that the record or thing be detained in the care of one of the following until the conclusion of the investigation or proceeding, if any:

(b) in any other case, order that the record or thing be returned to the person from whom it was removed.

(5) On application by a person having an interest in a record or thing detained under subsection (2) (a) or (4) (a) and on reasonable notice to

a justice may make an order for the examination, testing, inspection or copying of the record or thing.

(6) An order under subsection (5) may contain terms and conditions that the justice considers reasonably necessary in the circumstances.

(7) On application by a person having an interest in a record or thing detained under subsection (2) (a) or (4) (a) and on reasonable notice to

a justice may make an order for the release of the record or thing to the person from whom it was removed, if it appears that the record or thing is no longer necessary for the purposes of the investigation or a proceeding under this Part arising from the investigation.

Copies admissible in evidence

105 A copy of a record or other thing that purports to be certified by the investigating officer, the discipline authority or the police complaint commissioner as being a true copy of the original is admissible in evidence and, in the absence of evidence to the contrary, has the same evidentiary value as the original would have if it were proved in the ordinary way.

Offence to hinder, delay, obstruct or interfere
with investigating officer

106 (1) A person must not knowingly hinder, delay, obstruct or interfere with an investigating officer acting under this Part.

(2) A person must not, in relation to a complaint or an investigation under this Part, provide to the police complaint commissioner or an investigating officer information that the person knows to be false or misleading.

Duty of investigating officer to keep records and produce them

107 During an investigation of a member or former member under this Division, the discipline authority must ensure that the investigating officer

(b) produce them for the police complaint commissioner at the times and in the form and manner required by the police complaint commissioner.

Ongoing duty of investigating officer to report information

(a) information comes to the attention of an investigating officer concerning the conduct of a member or former member of a municipal police department,

(b) the conduct is not the subject of the investigating officer's investigation, and

the investigating officer must immediately report the information to a chief constable of that municipal police department, unless subsection (2) applies, and to the police complaint commissioner.

(2) If the conduct referred to in subsection (1) is that of the chief constable or former chief constable of the municipal police department, the investigating officer must immediately report the information to the chair of the board of that municipal police department.

Power to discontinue investigation

109 (1) Despite any other provision of this Act, the police complaint commissioner may direct that an investigation under this Division be discontinued if,

(a) having regard to all the circumstances, the police complaint commissioner considers that further investigation is neither necessary nor reasonably practicable, or

(i) the police complaint commissioner is satisfied, as a result of information obtained after the complaint was determined to be admissible, that the complaint is frivolous or vexatious, or

(ii) the police complaint commissioner considers that the complaint was made with the knowledge that it was false or misleading.

(2) If a direction is made under subsection (1) in relation to a complaint, the police complaint commissioner must notify the following persons of the direction and the reasons for it:

(c) a chief constable of the municipal police department with which that member is employed or, in the case of a former member, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern;

(d) if the complaint concerned a chief constable or former chief constable of a municipal police department, the board of that municipal police department.

Member's reassignment or suspension
pending investigation and hearing

110 (1) If a member is being investigated under this Division or as a result of an allegation that the member committed an offence under a federal or provincial enactment, the discipline authority for that member may, until the completion of the investigation, reassign, transfer or suspend the member, if both of the following apply:

(i) reassignment, transfer or suspension of the member is needed to protect other members or other persons from the risk of harm,

(ii) failure to reassign, transfer or suspend the member is likely to discredit the reputation of the municipal police department, or

(iii) there are reasonable grounds to believe that the member is incapable of carrying out her or his regular duties as a constable;

(b) the discipline authority considers that there is no reasonable alternative available to reassignment, transfer or suspension.

(2) During a period of suspension from duty, the member must not exercise powers as a municipal constable, chief constable or deputy chief constable and must not wear the uniform or use the equipment of the municipal police department.

(3) At the earliest opportunity, and in any event within 10 business days after the suspension, the discipline authority must decide whether the suspension is to continue in effect or is to be rescinded with or without conditions.

(4) Unless subsection (5) applies, a member under suspension for a period within which that member, if not suspended, would have worked one or more days must receive her or his pay and allowances for the number of days that she or he could have worked during the period of suspension had the suspension not been imposed.

(5) If at any time the board decides that it is in the public interest, the board may require that a suspension under subsection (1) be without pay or may discontinue the pay and allowances of the member under suspension.

(6) Before the board makes a decision under subsection (5), the board must give the member an opportunity to be heard by

(a) notifying the member in writing of the member's right to request, within 5 business days after receiving the notification, an opportunity to be heard, and

(b) giving the member the opportunity to be heard within 20 business days of receiving the request under paragraph (a).

(7) If the board makes a decision under subsection (5), the board must give the member concerned written reasons for the decision.

(9) A member must receive her or his full pay and allowances for any unpaid period of suspension if all of the following apply:

(a) the suspension related to an investigation resulting from an allegation that she or he committed an offence under a federal or provincial enactment;

(b) the member is either acquitted of all charges in proceedings before a criminal court or the charges are withdrawn, stayed or otherwise not proceeded with;

(c) no disciplinary or corrective measures are taken in relation to the member for the acts or omissions that constituted the alleged offence.

If police complaint commissioner considers that member
or former member has committed offence

111 If the police complaint commissioner considers that the conduct of the member or former member under investigation may constitute an offence created under any enactment, including an enactment of Canada or another province, the police complaint commissioner may report the matter to Crown counsel.

Discipline authority to review final investigation report
and give early notice of next steps

112 (1) Within 10 business days after receiving an investigating officer's final investigation report in respect of the conduct of a member or former member, the discipline authority must

(ii) the member or former member with a copy of the final investigation report and the evidence and records referenced in it, and

(c) notify the complainant, if any, the member or former member, the police complaint commissioner and the investigating officer of the next applicable steps to be taken in accordance with this section.

(2) Notification under subsection (1) (c) must be in writing and include the following, as applicable:

(b) a statement of a complainant's right to make submissions under section 113 [complainant's right to make submissions];

(d) if subsection (3) applies, the discipline authority's determination as to the following:

(i) whether or not, in relation to each allegation of misconduct considered by the discipline authority, the evidence referenced in the report appears to substantiate the allegation and require the taking of disciplinary or corrective measures;

(ii) whether or not a prehearing conference will be offered to the member or former member under section 120 [prehearing conference];

(iii) the range of disciplinary or corrective measures being considered by the discipline authority in the case;

(i) the complainant, if any, may file with the police complaint commissioner a written request for an appointment under section 117 [appointment of new discipline authority if conclusion of no misconduct is incorrect], and

(3) If, on review of the report and the evidence and records referenced in it, the discipline authority considers that the conduct of the member or former member appears to constitute misconduct, the discipline authority must convene a discipline proceeding in respect of the matter, unless section 120 (16) [prehearing conference] applies.

(4) If, on review of the report and the evidence and records referenced in it, the discipline authority decides that the conduct of the member or former member does not constitute misconduct, the discipline authority must include that decision, with reasons, in the notification under subsection (1) (c).

(b) is final and conclusive, unless the police complaint commissioner appoints a retired judge under section 117 (1) [appointment of new discipline authority if conclusion of no misconduct is incorrect].

(6) The discipline authority may sever from the copy of the final investigation report to be provided under subsection (1) (b) any portions of that report that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(7) Within 10 business days after receiving the copy of the final investigation report referred to in subsection (1) (b), the complainant or member or former member concerned may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the report.

(8) The police complaint commissioner may disclose information requested under subsection (7) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

Complainant's right to make submissions

113 (1) At any time after receiving a copy of the investigating officer's final investigation report under section 112 (1) (b) (i) [discipline authority to review final investigation report and give early notice of next steps] or a supplementary report under section 116 (1) (b) (i) [discipline authority to review supplementary report and give notice of next steps], but at least 10 business days before the date of the discipline proceeding specified in the notice under section 123 (1) (b) [matters related to discipline proceeding], the complainant may make written or oral submissions, or both, to the discipline authority in relation to one or more of the following matters:

(a) a discipline authority decides under section 112 (4) [discipline authority to review final investigation report and give early notice of next steps] or 116 (4) [discipline authority to review supplementary report and give notice of next steps] that the conduct of the member or former member concerned does not constitute misconduct, and

(b) the decision is final and conclusive under section 112 (5) [discipline authority to review final investigation report and give early notice of next steps] or 116 (5) [discipline authority to review supplementary report and give notice of next steps].

(3) If oral submissions are made under subsection (1), the discipline authority must have a transcript of those submissions made.

(4) On receiving written submissions or having a transcript made under this section, the discipline authority must provide each of the following with a copy of those written submissions and any transcripts:

(5) Written submissions and transcripts made under this section form part of the record of proceedings under this Part that may be held in relation to the conduct that is the subject of the complainant's complaint.

Member or former member may request further investigation

114 (1) Within 10 business days after receiving a copy of the final investigation report referred to in section 112 (1) [discipline authority to review final investigation report and give early notice of next steps], the member or former member whose conduct is the subject of the investigation may file with the discipline authority a request for further investigation in accordance with this section.

(iii) if the member or former member considers that relevant witnesses, other than those listed in the final investigation report, should be interviewed by the investigating officer, the names of those witnesses and their contact information, if known, and

(iv) if the member or former member considers that relevant records or other evidence, other than any referred to in the final investigation report, should be reviewed by the investigating officer, a list of those records and that evidence and where they are located, if known.

(3) On receipt of a request under subsection (1), the discipline authority must immediately provide a copy of the request to the police complaint commissioner.

(4) Within 10 business days after receiving the member's or former member's request, the discipline authority must

(b) give notice of that decision, with written reasons, to the member or former member, the police complaint commissioner, the investigating officer and, subject to subsection (6), the complainant, if any.

(5) The discipline authority may accept the member's or former member's request only if the discipline authority is satisfied that

(a) taking any of the further investigative steps described in the request may assist in ensuring that the investigation is complete, or

(b) one or more of the witnesses named in the request, or the records or evidence listed in the request, may be material in determining whether any conduct of concern constitutes misconduct.

(6) The discipline authority may sever from the notice of decision to be provided to a complainant under subsection (4) (b) any portions of that notice that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(7) Within 10 business days after receiving the notice of decision referred to in subsection (4) (b), the complainant may apply to the police complaint commissioner for disclosure of all or part of the information that was severed.

(8) The police complaint commissioner may disclose information requested under subsection (7) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

If member's or former member's request for
further investigation is accepted

115 (1) If a discipline authority decides to accept a member's or former member's request under section 114 [member or former member may request further investigation], the discipline authority may direct the investigating officer to further investigate in respect of the matter.

(a) comply with a discipline authority's direction under subsection (1) within 15 business days after the direction is issued,

(b) prepare a supplementary investigation report on the matter, including all of the following in relation to the investigation conducted under this section:

(v) the investigating officer's assessment of the evidence and analysis of the facts, and

(c) file the supplementary investigation report with the discipline authority and the police complaint commissioner within 20 business days after the direction is issued.

(3) The investigating officer must make available to the discipline authority and the police complaint commissioner all of the evidence and the records referenced in the supplementary report.

Discipline authority to review supplementary report
and give notice of next steps

116 (1) Within 10 business days after receiving an investigating officer's supplementary report in respect of the conduct of a member or former member, the discipline authority must

(a) review the supplementary report and the evidence and records referenced in it,

(ii) the member or former member with a copy of the supplementary report and the evidence and records referenced in it, and

(2) Notification under subsection (1) (c) must be in writing and include the following, as applicable:

(b) a statement of a complainant's right to make submissions under section 113 [complainant's right to make submissions];

(d) if subsection (3) applies, the discipline authority's determination as to the following:

(ii) whether or not a prehearing conference will be offered to the member or former member under section 120 [prehearing conference];

(iii) the range of disciplinary or corrective measures being considered by the discipline authority in the case;

(i) the complainant, if any, may file with the police complaint commissioner a written request for an appointment under section 117 (1) [appointment of new discipline authority if conclusion of no misconduct is incorrect], and

(3) If, on review of the supplementary report and the evidence and records referenced in it, the discipline authority continues to consider that the conduct of the member or former member appears to constitute misconduct, the discipline authority must convene a discipline proceeding in respect of the matter, unless section 120 (16) [prehearing conference] applies.

(a) include that decision, with reasons, in the notification under subsection (1) (c), and

(6) The discipline authority may sever from the copy of the supplementary report to be provided under subsection (1) (b) any portions of that report that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(7) Within 10 business days after receiving the copy of the supplementary report referred to in subsection (1) (b), the complainant or member or former member concerned may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the report.

(8) The police complaint commissioner may disclose information requested under subsection (7) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

Appointment of new discipline authority if conclusion
of no misconduct is incorrect

117 (1) If, on review of a discipline authority's decision under section 112 (4) [discipline authority to review final investigation report and give early notice of next steps] or 116 (4) [discipline authority to review supplementary report and give notice of next steps] that conduct of a member or former member does not constitute misconduct, the police complaint commissioner considers that there is a reasonable basis to believe that the decision is incorrect, the police complaint commissioner may appoint a retired judge recommended under subsection (4) of this section to do the following:

(a) review the investigating officer's report referred to in section 112 or 116, as the case may be, and the evidence and records referenced in that report;

(c) if subsection (9) of this section applies, exercise the powers and perform the duties of discipline authority in respect of the matter for the purposes of this Division.

(2) A complainant seeking an appointment under subsection (1) must file a written request with the police complaint commissioner within 10 business days after receiving the notification under section 112 (1) (c) [discipline authority to review final investigation report and give early notice of next steps] or 116 (1) (c) [discipline authority to review supplementary report and give notice of next steps].

(3) An appointment under subsection (1) must be made within 20 business days after receiving the notification under section 112 (1) (c) [discipline authority to review final investigation report and give early notice of next steps] or 116 (1) (c) [discipline authority to review supplementary report and give notice of next steps].

(4) The police complaint commissioner must request the Associate Chief Justice of the Supreme Court to

(a) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and

(5) The police complaint commissioner must notify all of the following, as applicable, of an appointment under this section:

(b) the member or former member whose conduct is to be the subject of the review;

(c) a chief constable of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern;

(6) The police complaint commissioner must provide the retired judge appointed with copies of all reports under sections 98 [investigating officer's duty to file reports], 115 [if member's or former member's request for further investigation is accepted] and 132 [adjournment of discipline proceeding for further investigation] that may have been filed with the police complaint commissioner before the appointment.

(7) Within 10 business days after receiving the reports under subsection (6), the retired judge appointed must conduct the review described in subsection (1) (a) and notify the complainant, if any, the member or former member, the police complaint commissioner and the investigating officer of the next applicable steps to be taken in accordance with this section.

(b) a statement of a complainant's right to make submissions under section 113 [complainant's right to make submissions],

(d) if subsection (9) applies, the retired judge's determination as to the following:

(i) whether or not, in relation to each allegation of misconduct considered by the retired judge, the evidence referenced in the report appears sufficient to substantiate the allegation and require the taking of disciplinary or corrective measures;

(ii) whether or not a prehearing conference will be offered to the member or former member under section 120 [prehearing conference];

(iii) the range of disciplinary or corrective measures being considered by the retired judge in the case, and

(e) if subsection (10) applies, a statement that includes the effect of subsection (11).

(9) If, on review of the investigating officer's reports and the evidence and records referenced in them, the retired judge appointed considers that the conduct of the member or former member appears to constitute misconduct, the retired judge becomes the discipline authority in respect of the matter and must convene a discipline proceeding, unless section 120 (16) [prehearing conference] applies.

(10) If, on review of the report and the evidence and records referenced in it, the retired judge decides that the conduct of the member or former member does not constitute misconduct, the retired judge must include that decision, with reasons, in the notification under subsection (7).

Discipline proceeding to be convened within 40 business days after receiving investigation report or police complaint commissioner's notification

118 (1) A discipline authority required to convene a discipline proceeding under section 112 (3) [discipline authority to review final investigation report and give early notice of next steps], 116 (3) [discipline authority to review supplementary report and give notice of next steps] or 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] must convene the discipline proceeding within 40 business days after receiving the investigating officer's final investigation report or supplementary report, or a notification of misconduct under section 117 (8) (d), as the case may be, unless the police complaint commissioner grants one or more extensions under this section.

(2) The police complaint commissioner may grant an extension under this section only if the police complaint commissioner is satisfied

Member or former member may request permission
to question witnesses at discipline proceeding

(a) a copy of the final investigation report referred to in section 112 (1) [discipline authority to review final investigation report and give early notice of next steps],

(b) a copy of the supplementary report referred to in section 116 (1) [discipline authority to review supplementary report and give notice of next steps], or

(c) a notification of misconduct under section 117 (8) (d) [appointment of new discipline authority if conclusion of no misconduct is incorrect],

a member or former member whose conduct is the subject of a discipline proceeding may file with the discipline authority a request to call and examine or cross-examine at the discipline proceeding one or more witnesses listed in that final investigation report or supplementary report.

(3) Within 5 business days after receiving the member's or former member's request under subsection (1), the discipline authority must

(b) give notice of that decision, with written reasons, to the member or former member, the police complaint commissioner and the investigating officer.

(4) The discipline authority may accept the member's or former member's request only if either or both of the following apply:

(i) the evidence against the member appears sufficient to warrant dismissal or a reduction in rank, or

(ii) in the case of a former member, the evidence against the former member would have been sufficient to warrant dismissal or a reduction in rank;

(ii) the evidence referred to in subparagraph (i) is material in determining whether any conduct of concern constitutes misconduct, and

(iii) examination or cross-examination of the witnesses referred to in subparagraph (i) would assist in resolving the conflict.

Prehearing conference

120 (1) In this section, "prehearing conference authority", in relation to a member or former member of a municipal police department, means

(a) a chief constable, a deputy chief constable or a senior officer of the municipal police department, or

(b) a chief constable, a deputy chief constable or a senior officer of another municipal police department.

(2) Subject to the exceptions set out in subsection (3), if the discipline authority

(a) considers that the evidence referenced in the final investigation report or any supplementary report appears to substantiate an allegation of misconduct and require the taking of disciplinary or corrective measures, and

(b) has complied with section 112 [discipline authority to review final investigation report and give early notice of next steps] and, if applicable, section 116 [discipline authority to review supplementary report and give notice of next steps],

the discipline authority may offer the member or former member a confidential, without prejudice, prehearing conference with a prehearing conference authority to determine whether the member or former member is prepared to admit misconduct and, if so, what disciplinary or corrective measures the member or former member is prepared to accept.

(3) Subject to subsection (4), a discipline authority must not offer a prehearing conference to a member or former member under this section if

(a) the discipline authority decides to accept the member's or former member's request under section 119 [member or former member may request permission to question witnesses at discipline proceeding], or

(i) the evidence against the member is sufficiently serious to warrant dismissal or reduction in rank or, in the case of a former member, is sufficiently serious to have warranted dismissal or reduction in rank, or

(4) Despite subsection (3) (b) (ii), the discipline authority may offer a prehearing conference to a member or former member if, in the police complaint commissioner's opinion, it would not be contrary to the public interest.

(5) A member or former member who accepts an offer for a prehearing conference under this section may be accompanied at the prehearing conference by one or both of the following:

(a) a member or former member accepts an offer for a prehearing conference under this section, and

(b) a complainant has been notified under section 112 (1) (c) [discipline authority to review final investigation report and give early notice of next steps] or 116 (1) (c) [discipline authority to review supplementary report and give notice of next steps] but the complainant has not yet exercised her or his right to make submissions to the discipline authority under section 113 [complainant's right to make submissions],

the discipline authority must notify the complainant in writing of the complainant's right to make written or oral submissions, or both, respecting the matters referred to in section 113 (1) (a) to (c) [complainant's right to make submissions].

(7) Despite section 113 (1) [complainant's right to make submissions], submissions referred to in subsection (6) of this section must be made

(b) within 10 business days after the complainant receives notification under subsection (6) of this section.

(8) Section 113 (2) and (4) [complainant's right to make submissions] applies in relation to submissions made under this section except that the references to "discipline authority" in section 113 (2) and (4) must be read as references to "prehearing conference authority".

(9) On receiving written submissions or having a transcript of oral submissions made, the prehearing conference authority must provide each of the following with a copy of those written submissions and any transcripts:

(10) If subsection (6) applies, the prehearing conference may not be held before the expiry of the period described in subsection (7) (b).

(11) A prehearing conference authority must apply section 126 [imposition of disciplinary or corrective measures] in proposing, determining and approving any disciplinary or corrective measures under this section.

(12) If disciplinary or corrective measures are accepted by a member or former member and approved by the prehearing conference authority at a prehearing conference, the prehearing conference authority must, within 10 business days after the prehearing conference, provide the complainant, if any, the member or former member, the police complaint commissioner and the discipline authority with a report that includes all of the following, subject to subsection (13):

(a) the disciplinary or corrective measures accepted and approved for each allegation of misconduct and the reasons for approving those measures;

(b) any recommendations in respect of changes in policy or practices of the member's or former member's municipal police department and the reasons for those recommendations;

(13) The prehearing conference authority may sever from the report to be provided to a complainant under subsection (12) any portions of that report that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(14) Within 10 business days after receiving the report referred to in subsection (12), the complainant may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the report.

(15) The police complaint commissioner may disclose information requested under subsection (14) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

(16) On approval by the police complaint commissioner, disciplinary or corrective measures accepted by a member or former member and approved by a prehearing conference authority at a prehearing conference constitute a resolution of the matter, which resolution is final and conclusive and not open to question or review by a court on any ground.

(17) If the resolution is approved by the police complaint commissioner under subsection (16),

(a) the police complaint commissioner must notify the following of that approval:

(b) the discipline authority must record, on the member's or former member's service record of discipline, the member's or former member's admission, any disciplinary or corrective measures approved and the fact that the measures were voluntarily accepted by the member or former member.

If member's or former member's request
to question witnesses is accepted

121 (1) If the discipline authority decides to accept the member's or former member's request under section 119 [member or former member may request permission to question witnesses at discipline proceeding], the discipline authority must do the following:

(a) appoint a member or legal counsel to present to the discipline authority at the discipline proceeding the case relative to the alleged misconduct of the member or former member;

(b) in accordance with the regulations, if any, under section 184 (2) (d) [regulations under Parts 9 and 11], serve the witnesses named in the request with a notice to appear, in the prescribed form, requiring the witness to appear at the discipline proceeding to

(B) any record that may be relevant and is in the witness's possession or control;

(c) withdraw any offer of a prehearing conference that may have been made to the member or former member concerned and cancel that prehearing conference.

(2) On request of the discipline representative, the discipline authority may serve a notice to appear described in subsection (1) (b) on any other witness listed in the final investigation report.

(3) The discipline authority must forward copies of the notices to appear served under subsection (1) (b) or (2) to

(4) A discipline authority may apply to the Supreme Court for an order directing a witness to comply with a notice to appear served on the witness under this section.

Fees and expenses of witnesses

122 (1) Subject to subsection (4) and the regulations, if any, made under section 184 (2) (e) [regulations under Parts 9 and 11], a discipline authority

(a) must pay, as part of the expenses of a discipline proceeding, appearance fees and expenses reasonably and necessarily incurred by a witness required to give evidence at the discipline proceeding, and

(b) may require the member or former member whose conduct is the subject of the discipline proceeding to pay all or part of the fees and expenses referred to in paragraph (a) if the witness is named in the request of the member under section 119 (2) (b) [member or former member may request permission to question witnesses at discipline proceeding].

(2) A discipline authority may apportion fees and expenses under subsection (1) between the member or former member concerned and the expenses of the discipline proceeding.

(3) Subject to the regulations, a discipline authority may give directions to the member or former member concerned respecting appearance fees and expenses reasonably and necessarily incurred by a witness.

(4) A witness is responsible for paying fees and expenses the witness incurs for legal representation or advice in relation to the discipline proceeding.

Matters related to discipline proceeding

123 (1) Subject to subsections (3) and (4), if a prehearing conference is not offered or held under section 120 or, if held, does not result in a resolution of each allegation of misconduct against the member or former member concerned, the discipline authority must

(a) hold and preside over a discipline proceeding in respect of the matter within the time period required under section 118 [discipline proceeding to be convened within 40 business days after receiving investigation report or police complaint commissioner's notification] unless an adjournment is granted under subsection (10) of this section,

(b) at least 15 business days before the discipline proceeding and in accordance with the regulations, if any, under section 184 (2) (g) [regulations under Parts 9 and 11], serve notice of the discipline proceeding on

(ii) each witness on whom a notice to appear is served under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted], and

(b) include a statement of the complainant's right to make submissions under section 113 [complainant's right to make submissions].

(3) If at any time a public hearing is arranged by the police complaint commissioner in respect of conduct that is the subject of a discipline proceeding, the discipline authority must cancel the discipline proceeding.

(4) If a prehearing conference was held under section 120 in respect of the same conduct that is the subject of a discipline proceeding under this section, the discipline authority presiding over the discipline proceeding must be a chief constable, deputy chief constable or senior officer other than the chief constable, deputy chief constable or senior officer who acted as the prehearing conference authority under section 120.

(5) Subject to subsection (6), the discipline proceeding may be held in any location determined by the discipline authority.

(6) The discipline proceeding must be held at a location, date and time approved by police complaint commissioner if

(a) the discipline authority has accepted a member's or former member's request under section 121 (1) [if member's or former member's request to question witnesses is accepted], and

(b) one or more of the witnesses on whom a notice to appear is served are not members.

(7) The following persons must attend the discipline proceeding at the location, date and time specified in the notice:

(a) the member or former member whose conduct is the subject of the discipline proceeding;

(c) a witness on whom a notice to appear is served under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted].

(8) At any time before or during the discipline proceeding, the police complaint commissioner may designate an employee to observe the discipline proceeding.

(9) A discipline proceeding is not open to the public, but the following persons may attend:

(10) If satisfied that it is in the public interest, the discipline authority may grant an adjournment of the discipline proceeding for up to 20 business days, on the discipline authority's own initiative or on the request of the member or former member concerned, the investigating officer, any witness to whom a notice to appear is served or the discipline representative.

Discipline proceeding

124 (1) This section applies when a discipline authority is required to convene a discipline proceeding under section 112 (3) [discipline authority to review final investigation report and give early notice of next steps] or 116 (3) [discipline authority to review supplementary report and give notice of next steps] in respect of the conduct of a member or former member.

(2) Each allegation of misconduct against the member or former member concerned, other than those that may have been resolved at a prehearing conference, must be read to the member or former member at the discipline proceeding, and the member or former member must be asked to admit or deny each of those allegations.

(a) the final investigation report and the evidence and records referenced in it;

(b) any supplementary report, investigation report under section 132 [adjournment of discipline proceeding for further investigation] or other separate reports prepared in respect of the investigation, and the evidence and records referenced in them;

(c) any other relevant written records, including, without limitation, a complainant's submissions and transcripts made under section 113 [complainant's right to make submissions].

(4) The discipline authority may sever from reports and records referred to in subsection (3) any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(5) Only the following may be called to give evidence at a discipline proceeding:

(a) the investigating officer who prepared the final investigation report, the supplementary report or the investigation report under section 132 [adjournment of discipline proceeding for further investigation];

(b) those witnesses on whom a notice to appear is served under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted].

(6) The testimony of witnesses, including the member or former member concerned, must be taken on oath administered by the discipline authority.

(7) A witness in a discipline proceeding, including the member or former member concerned,

(8) The discipline representative, if any, and the member or former member, or her or his agent or legal counsel, if any, may examine or cross-examine

(a) the investigating officer who prepared the final investigation report, a supplementary report, an investigation report under section 132 [adjournment of discipline proceeding for further investigation] or any other record in respect of the investigation, and

(b) any witness on whom a notice to appear is served under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted].

(9) The member or former member concerned is not compellable at a discipline proceeding under this section, but

(a) the member or former member may give evidence if she or he chooses to do so,

(b) the member or former member, or her or his agent or legal counsel, if any, may make submissions concerning

(10) Despite section 123 (9) [matters related to discipline proceeding] and at any time on request of a witness who is not a member, the discipline authority must allow the witness to be accompanied by one other person when the witness is giving evidence at the discipline proceeding.

(11) A discipline proceeding must be transcribed or electronically recorded, and the transcription or recording must be considered to be correct and to constitute part of the record of the proceeding.

(12) The validity of a discipline proceeding is not affected if, by a mechanical or human failure or other accident, the transcription or recording of the proceeding is destroyed, interrupted or incomplete.

Conclusion of discipline proceeding

125 Within 10 business days after hearing evidence and submissions under section 124 [discipline proceeding] concerning the conduct of a member or former member, the discipline authority must

(a) make a finding in relation to each allegation of misconduct against the member or former member as to whether the misconduct has been proven,

(c) serve a copy of that form on the member or former member and provide another copy of it to the police complaint commissioner, and

(d) invite and consider submissions from the member or former member, or her or his agent or legal counsel, as to appropriate disciplinary or corrective measures for each allegation found to be proven under paragraph (a).

Imposition of disciplinary or corrective measures
in relation to members

126 (1) After finding that the conduct of a member is misconduct and hearing submissions, if any, from the member or her or his agent or legal counsel, or from the complainant under section 113 [complainant's right to make submissions], the discipline authority must, subject to this section and sections 141 (10) [review on the record] and 143 (9) [public hearing], propose to take one or more of the following disciplinary or corrective measures in relation to the member:

(2) Aggravating and mitigating circumstances must be considered in determining just and appropriate disciplinary or corrective measures in relation to the misconduct of a member of a municipal police department, including, without limitation,

(b) the member's record of employment as a member, including, without limitation, her or his service record of discipline, if any, and any other current record concerning past misconduct,

(e) whether the member accepts responsibility for the misconduct and is willing to take steps to prevent its recurrence,

(f) the degree to which the municipal police department's policies, standing orders or internal procedures, or the actions of the member's supervisor, contributed to the misconduct,

(g) the range of disciplinary or corrective measures taken in similar circumstances, and

(3) If the discipline authority considers that one or more disciplinary or corrective measures are necessary, an approach that seeks to correct and educate the member concerned takes precedence, unless it is unworkable or would bring the administration of police discipline into disrepute.

Proposed disciplinary or corrective measures
in relation to former members

127 (1) After finding that the conduct of a former member is misconduct and hearing submissions, if any, from the former member or her or his agent or legal counsel, the discipline authority must apply the provisions of section 126 (2) and (3) [imposition of disciplinary or corrective measures] in respect of the matter as if the former member had continued to be a member, then determine what disciplinary or corrective measures the discipline authority would have taken under section 126 (1) if the former member had continued to be a member.

(2) The disciplinary or corrective measures determined in accordance with subsection (1) of this section are the disciplinary or corrective measures to be proposed by the discipline authority for the purposes of section 128 (1) (a) [disciplinary disposition record].

Disciplinary disposition record

128 (1) Unless the police complaint commissioner grants an extension under subsection (2) of this section, within 10 business days after hearing submissions under section 125 (d) [conclusion of discipline proceeding], the discipline authority must

(a) propose disciplinary or corrective measures to be taken for each allegation of misconduct found to be proven,

(b) record the date and the proposed disciplinary or corrective measures in a disposition record in the prescribed form,

(d) serve a copy of the disposition record on the member or former member concerned, together with notification of the effect of sections 133 (6) [review of discipline proceeding] and 136 (1) [time limit for requesting public hearing or review on the record], and

(e) provide another copy of the disposition record to the police complaint commissioner, together with the entire unedited record of the proceedings.

(2) The police complaint commissioner may grant an extension under subsection (1) if the police complaint commissioner considers that there are good reasons for doing so and it is not contrary to the public interest.

(3) After receiving the records referred to in subsection (1) (e), the police complaint commissioner may order that the discipline authority provide to the police complaint commissioner further reasons justifying the particular disciplinary or corrective measures proposed.

Duty of investigating officer to provide all records
to police complaint commissioner

129 (1) As soon as reasonably practicable after the conclusion of an investigation concerning the conduct of a member or former member under this Division, the investigating officer must provide all records related to the investigation to the police complaint commissioner, in the form and manner required by the police complaint commissioner.

(2) In subsection (1), "conclusion of an investigation" means any of the following times, as applicable:

(a) when the police complaint commissioner directs the investigation to be discontinued under section 109 (1) [power to discontinue investigation];

(b) when the discipline authority's decision is final and conclusive under section 112 (5) (b) [discipline authority to review final investigation report and give early notice of next steps] or 116 (5) (b) [discipline authority to review supplementary report and give notice of next steps];

(c) when the police complaint commissioner approves disciplinary or corrective measures under section 120 (16) [prehearing conference];

(d) when a resolution is final and binding under section 157 (7) [informal complaint resolution] or 163 (5) [outcome of mediation];

(e) when discipline proceedings concerning the conduct under investigation conclude.

If member fails to attend discipline proceeding

130 If a member or former member whose conduct is the subject of a discipline proceeding fails to attend or remain in attendance at the discipline proceeding and the discipline authority is satisfied that the member or former member has been served with notice of the discipline proceeding, the discipline authority may

(a) proceed with the discipline proceeding in the absence of the member or former member,

(c) make any finding and propose any disciplinary or corrective measure that the discipline authority considers appropriate.

Admissibility of witness evidence in other proceedings

131 (1) Evidence given by a witness in a discipline proceeding, including the member or former member concerned, is inadmissible in evidence in court or in any other proceeding, except in

(e) an application for judicial review or an appeal from a decision with respect to that application.

(2) Subsection (1) applies also in respect of evidence of the existence of a discipline proceeding under this Part.

Adjournment of discipline proceeding for further investigation

132 (1) At any time before or during a discipline proceeding, the discipline authority may adjourn the proceeding for up to 30 business days if the discipline authority considers that further investigation into the conduct of a member or former member that is the subject of the discipline proceeding, or into the circumstances surrounding that conduct, is necessary in the public interest.

(2) In ordering an adjournment under subsection (1), the discipline authority may direct the investigating officer to investigate further any aspect of the conduct of the member or former member or the circumstances surrounding that conduct.

(3) If a direction is issued under subsection (2), the investigating officer must

(a) comply with the direction within 15 business days after the direction is issued,

(b) prepare an investigation report on the matter, including all of the following in relation to the investigation conducted under this section:

(v) the investigating officer's assessment of the evidence and analysis of the facts, and

(c) file the investigation report with the discipline authority and the police complaint commissioner within 20 business days after the direction is issued.

(4) The investigating officer must make available to the discipline authority and the police complaint commissioner all of the evidence and the records referenced in the investigation report.

(5) Within 5 business days after receiving the investigation report, the discipline authority must, subject to subsection (6), provide

(b) the member or former member with a copy of the investigation report and the evidence and records referenced in it.

(6) The discipline authority may sever from the investigation report any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(7) Within 5 business days after receiving the report referred to in subsection (5), the complainant or the member or former member concerned may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the report.

(8) The police complaint commissioner may disclose information under subsection (7) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

Review of discipline proceedings

133 (1) Within 10 business days after the date of the disposition record referred to in section 128 (1) [disciplinary disposition record], the discipline authority must

(a) subject to subsection (2), give the complainant, if any, and the member or former member concerned a report setting out

(i) the findings and reasons referred to in section 125 (b) [conclusion of discipline proceeding],

(ii) the disciplinary or corrective measures proposed by the discipline authority under section 128 (1) (a) [disciplinary disposition record] and any policy changes being considered by the discipline authority in respect of the complaint, if any,

(iii) the reasons for the proposed disciplinary or corrective measures or policy changes,

(b) provide the police complaint commissioner with a copy of the report given under paragraph (a) to the complainant, if any, and the member or former member concerned.

(2) The discipline authority may sever from the report given to the complainant, if any, under subsection (1) (a) any portions of that report that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(3) Within 10 business days after receiving the report referred to in subsection (1), the complainant may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the report.

(4) The police complaint commissioner may disclose information requested under subsection (3) only if the police complaint commissioner considers that

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

(b) disclosure is appropriate having regard to Part 2 of the Freedom of Information and Protection of Privacy Act.

(5) If aggrieved by any of the matters in the report described in subsection (1) (a) (i) to (iv), the complainant or member or former member concerned may file with the police complaint commissioner a written request for a public hearing or review on the record in accordance with section 136 (1) [time limit for requesting public hearing or review on the record].

(6) Unless a public hearing or review on the record is arranged by the police complaint commissioner, the findings referred to in subsection (1) (a) (i) and the determination as to appropriate disciplinary or corrective measures recorded in the disposition record in respect of the matter are final and conclusive and not open to question or review by a court on any ground.

Chief constable may delegate discipline authority functions
to deputy chief constable or senior officer

134 (1) A chief constable of a municipal police department may delegate any of her or his powers or duties as discipline authority in a member's or former member's case under this Part to

(a) a deputy chief constable or senior officer of the municipal police department, or

(b) a chief constable, deputy chief constable or senior officer of another municipal police department.

(2) A delegation under this section must be in writing and, as soon as practicable after the delegation is made, the chief constable making the delegation must notify the police complaint commissioner of that delegation and, subject to section 88 [duty to preserve evidence relating to complaint or report], the member or former member concerned.

Power to designate another discipline authority
if in public interest

135 (1) Subject to subsection (2), at any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department, if the police complaint commissioner considers it necessary in the public interest that a person other than a chief constable of the municipal police department, or her or his delegate, be the discipline authority for the purposes of one or more provisions of this Division, the police complaint commissioner may designate a senior officer of another municipal police department to exercise the powers and perform the duties of a discipline authority under the applicable provision, in substitution of the chief constable or the delegate, as the case may be.

(2) At any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department who is or was a chief constable or deputy chief constable at the time of the conduct of concern, if the police complaint commissioner considers it necessary in the public interest that a person other than the chair of the board be the discipline authority for the purposes of one or more provisions of this Division,

(a) the police complaint commissioner must request the Associate Chief Justice of the Supreme Court to

(i) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and

(ii) recommend one or more retired judges to act as discipline authority for the purposes of those provisions, and

(b) the police complaint commissioner must appoint one of the retired judges recommended to exercise the powers and perform the duties of a discipline authority under the applicable provision, in substitution of the chair of the board of the municipal police department.

(3) The police complaint commissioner may make a designation under subsection (1) or an appointment under subsection (2)

(i) a chief constable of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern, or

(ii) the chair of the board of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern, or

(4) The police complaint commissioner must notify all of the following, as applicable, of the designation or appointment:

(c) a chief constable of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern;

(e) the board of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern.

(5) The police complaint commissioner must provide the designated or appointed discipline authority with copies of all reports under sections 98 [investigating officer's duty to file reports], 115 [if member's or former member's request for further investigation is accepted] and 132 [adjournment of discipline proceeding for further investigation] that may have been filed with the police complaint commissioner before the designation or appointment.

Time limit for requesting public hearing or review on the record

136 (1) A written request for a public hearing or review on the record, from a complainant or member or former member described in section 133 (5) [review of discipline proceedings], must be received by the police complaint commissioner within 20 business days after the complainant or member or former member, as the case may be, receives the report referred to in section 133 (1) (a).

(2) The police complaint commissioner may extend the period within which a complainant or member or former member has to request a public hearing or review on the record under subsection (1) if the police complaint commissioner considers that

Circumstances when member or former member concerned
is entitled to public hearing

137 (1) Subject to subsection (2), the police complaint commissioner must promptly arrange a public hearing on receiving a request under section 136 [time limit for requesting public hearing or review on the record] from a member or former member in respect of whose conduct the discipline authority proposes as a disciplinary measure dismissal or reduction in rank.

(2) The police complaint commissioner may arrange a review on the record under section 141 [review on the record] instead of a public hearing if the police complaint commissioner is satisfied, in the circumstances, that

(ii) receive evidence that is not part of the record of the disciplinary decision described in section 141 (3) [review on the record] or the service record of the member or former member, and

(b) a public hearing is not required to preserve or restore public confidence in the investigation of misconduct and the administration of police discipline.

Determining whether to arrange public hearing or review
on the record in other circumstances

(a) receiving a request under section 136 in circumstances other than those described in section 137 (1) [circumstances when member or former member concerned is entitled to public hearing], or

(b) the police complaint commissioner's own initiative if the limitation period established for making the request under section 136 (1) [time limit for requesting public hearing or review on the record] has expired,

the police complaint commissioner must arrange a public hearing or review on the record if the police complaint commissioner

(i) the discipline authority's findings under section 125 (a) [conclusion of discipline proceeding] are incorrect, or

(ii) the discipline authority has incorrectly applied section 126 [imposition of disciplinary or corrective measures] in proposing disciplinary or corrective measures under section 128 (1) [disciplinary disposition record], or

(d) otherwise considers that a public hearing or review on the record is necessary in the public interest.

(2) In considering whether a public hearing or review on the record is necessary in the public interest, the police complaint commissioner must consider all relevant factors including, without limitation, the following factors:

(b) the nature and seriousness of harm or loss alleged to have been suffered by any person as a result of the conduct of the member or former member, including, without limitation, whether

(i) the conduct has caused, or would be likely to cause, physical, emotional or psychological harm or financial loss to a person,

(ii) the conduct has violated, or would be likely to violate, a person's dignity, privacy or other rights recognized by law, or

(iii) the conduct has undermined, or would be likely to undermine, public confidence in the police, the handling of complaints or the disciplinary process;

(ii) the disciplinary or corrective measures proposed are inappropriate or inadequate, or

(iii) the discipline authority's interpretation or application of this Part or any other enactment was incorrect.

(3) The police complaint commissioner must make a determination as to whether to arrange a public hearing or review on the record under this section promptly after receiving the request referred to in subsection (1) or promptly after expiry of the relevant limitation period, as the case may be, but in any event, the determination must be made within 20 business days after that request is received or that limitation period has expired.

(4) Within 10 business days after making a determination under this section, the police complaint commissioner must notify the following of that determination:

(c) a chief constable of the municipal police department with which the member is employed or, in the case of a former member, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern;

(d) if the member or former member concerned is or was the chief constable of a municipal police department, the chair of the board of that municipal police department;

(e) the discipline authority involved, if different than the chief constable or chair of the board referred to in paragraph (c) or (d).

(5) If the police complaint commissioner determines, in respect of a request referred to in subsection (1) (a), that there are insufficient grounds to arrange a public hearing or review on the record under this section, the police complaint commissioner must give written reasons for that determination in the notification under subsection (4).

(6) A determination under subsection (5) is final and conclusive and is not open to question or review by a court on any ground.

(a) determines that there are sufficient grounds to arrange a public hearing under this section, or

(b) arranges a public hearing under section 137 [circumstances when member or former member concerned is entitled to public hearing],

the police complaint commissioner must, for the purposes of the public hearing under section 143, appoint legal counsel to present to the adjudicator the case relative to each allegation of misconduct against the member or former member concerned.

Reconsideration on new evidence

139 (1) Despite section 138 (3) and (6) [determining whether to arrange public hearing or review on the record], at any time after the police complaint commissioner has determined in a case that there are insufficient grounds to arrange a public hearing or review on the record under section 138, the police complaint commissioner may reconsider the determination if satisfied, on application by any person or on the police complaint commissioner's own initiative, that new evidence has become available or been discovered that is substantial and material to the case or that determination.

(2) In reconsidering whether there are sufficient grounds to arrange a public hearing or review on the record, the police complaint commissioner must consider all relevant factors, including, without limitation, the factors described in section 138 (2) and (3).

(3) Within 10 business days after making a determination on reconsideration, the police complaint commissioner must notify the persons referred to in section 138 (4), and section 138 (5) to (7) applies.

Determinations may be made available to public

140 (1) The police complaint commissioner may make available to members of the public, by both of the following means, any determination made under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence]:

(a) posting the determination on a publicly accessible website maintained by or on behalf of the police complaint commissioner;

(b) having the determination available for public inspection in the office of the police complaint commissioner during regular office hours.

(2) The police complaint commissioner may sever from a determination referred to in subsection (1) any portions of the determination that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

Review on the record

141 (1) In this section and section 143 [public hearing], "disciplinary decision", in relation to a discipline proceeding under section 124 [discipline proceeding], means any of the matters described in section 133 (1) (a) (i) to (iv) [review of discipline proceedings], including any further reasons provided under section 128 (3) [disciplinary disposition record].

(2) Subject to section 143 (1) [public hearing], if the police complaint commissioner determines that there are sufficient grounds to arrange a public hearing or review on the record in respect of a disciplinary decision under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], the police complaint commissioner may appoint an adjudicator under section 142 [appointment of adjudicator for public hearing or review on the record] to conduct a review on the record of the disciplinary decision under this section.

(3) For the purposes of a review on the record under this section, the record of a disciplinary decision consists of

(a) the final investigation report of the investigating officer, any supplementary reports or investigation reports under section 132 [adjournment of discipline proceeding for further investigation] and all records related to the investigation and the discipline proceeding,

(b) the records referred to in section 128 (1) [disciplinary disposition record],

(d) in the case of a review on the record initiated under section 139 [reconsideration on new evidence], any record relating to the new evidence referred to in that section.

(4) Despite subsections (2) and (3) of this section and section 137 (2) (a) [circumstance when member or former member concerned is entitled to public hearing], if the adjudicator considers that there are special circumstances and it is necessary and appropriate to do so, the adjudicator may receive evidence that is not part of either of the following:

(5) The member or former member concerned is not compellable at a review on the record under this section, but the member or former member or her or his agent or legal counsel, if any, may make submissions concerning the matters under review.

(6) In addition to the member or former member concerned or her or his agent or legal counsel, the police complaint commissioner or her or his commission counsel may also make submissions concerning the matters under review.

(7) The adjudicator may permit the following persons to make submissions concerning the matters under review:

(8) The adjudicator may permit submissions under subsection (5), (6) or (7) to be oral or written.

(9) In a review proceeding under this section, the standard of review to be applied by an adjudicator to a disciplinary decision is correctness.

(10) After a review of a disciplinary decision under this section, the adjudicator must do the following:

(b) determine the appropriate disciplinary or corrective measures to be taken in relation to the member or former member in accordance with section 126 [imposition of disciplinary or corrective measures] or 127 [proposed disciplinary or corrective measures];

(c) recommend to a chief constable or the board of the municipal police department concerned any changes in policy or practice that the adjudicator considers advisable in respect of the matter.

Appointment of adjudicator for public hearing
or review on the record

142 (1) In circumstances described in section 137 [circumstances when member or former member concerned is entitled to public hearing] or when the police complaint commissioner determines that there are sufficient grounds to arrange a public hearing or review on the record under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], the police complaint commissioner must request the Associate Chief Justice of the Supreme Court to

(a) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and

(b) recommend one or more retired judges to act as adjudicator for the purposes of section 141 [review on the record] or 143 [public hearing], as the case may be.

(2) The police complaint commissioner must appoint one of the retired judges recommended as adjudicator for the public hearing or review on the record.

(3) The adjudicator appointed must arrange, and set the earliest practicable date or dates for, the public hearing or review on the record, and the police complaint commissioner must serve written notice of the proceeding on the following persons at least 15 business days before the proceeding may commence:

(4) If, after reasonable effort, service under subsection (3) cannot be effected on the complainant or the member or former member, the police complaint commissioner may serve the notice referred to in that subsection by registered mail to that person's last address known to, or on record with, the police complaint commissioner.

Public hearing

143 (1) Despite section 141 [review on the record], the police complaint commissioner must appoint an adjudicator under section 142 to conduct a public hearing under this section instead of a review on the record under section 141 [review on the record] if either of the following applies:

(i) there are sufficient grounds to arrange a public hearing or review on the record under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], and

(A) the record of the disciplinary decision described in section 141 (3) [review on the record],

will be necessary to complete a review of the disciplinary decision on a standard of correctness and do the things described in section 141 (10);

(b) in the police complaint commissioner's opinion, a public hearing of the matter under this section is required to preserve or restore public confidence in the investigation of misconduct or the administration of police discipline.

(2) A public hearing is a new hearing concerning conduct of a member or former member that was the subject of an investigation or complaint under this Division.

(3) A public hearing is not limited to the evidence and issues that were before a discipline authority in a discipline proceeding.

(4) For the purposes of a public hearing under this section, public hearing counsel must present to the adjudicator the case relative to each allegation of misconduct against the member or former member concerned.

(5) Public hearing counsel, the member or former member concerned, or her or his agent or legal counsel, and commission counsel may

(a) call any witness who has relevant evidence to give, whether or not the witness was interviewed during the original investigation or called at the discipline proceeding,

(d) make oral or written submissions, or both, after all of the evidence is called.

(a) receive and accept information that the adjudicator considers relevant, necessary and appropriate, whether or not the information would be admissible in any court, and

(b) without limiting section 145 [powers respecting participants], exclude anything unduly repetitious.

(7) If the public hearing concerns conduct that was the subject of an admissible complaint under this Division, the complainant, or her or his agent or legal counsel, may make oral or written submissions, or both, after all of the evidence is called.

(8) Subject to section 150 [power to prohibit or limit attendance or access], a public hearing must be open to the public.

(c) recommend to a chief constable or the board of the municipal police department concerned any changes in policy or practice that the adjudicator considers advisable in respect of the matter.

(10) Within 10 business days after reaching a decision under subsection (9), the adjudicator must provide notice of that decision, together with written reasons, to the following:

(b) the member or former member whose conduct is the subject of the public hearing;

(c) a chief constable or chair of the board of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern;

(d) the discipline authority involved in the matter, if different than a chief constable or chair of the board referred to in paragraph (c);

Other participants in public hearing

144 (1) A person, other than public hearing counsel, commission counsel and the member or former member concerned, may apply to be a participant in a public hearing by applying to an adjudicator in the manner and form the adjudicator requires.

(2) On receiving an application under subsection (1), an adjudicator may accept the applicant as a participant after considering all of the following:

(a) whether, and to what extent, the person's interests may be affected by the findings of the adjudicator;

(b) whether the person's participation would further the conduct of the public hearing;

Powers respecting participants at public hearings

145 (1) Subject to section 146 [rights of participants], an adjudicator of a public hearing may make orders respecting

(a) make different orders for different participants or classes of participants, and

Rights of participants and witnesses in public hearings
and reviews on the record

(b) be represented by legal counsel or, with the approval of the adjudicator, by an agent.

(3) Any answer provided by a participant or witness before an adjudicator must not be used or admitted in evidence against the participant or witness in any trial or other proceedings, other than a prosecution for perjury in respect of the answer provided.

Orders to attend and produce records or things

147 (1) The adjudicator of a public hearing or review on the record may order a person to do either or both of the following:

(a) attend, in person or by electronic means, before the adjudicator to give evidence on oath or in any other manner;

(b) produce for the adjudicator a record or thing in the person's possession or control.

(2) An order under subsection (1) must be in the form of a summons, served on the person by personal delivery or registered mail to the person's last address known to, or on record with, the police complaint commissioner.

Maintenance of order at public hearing
or review on the record

148 (1) At a public hearing or review on the record, the adjudicator may make orders or give directions that the adjudicator considers necessary for the maintenance of order at the public hearing or review on the record.

(2) Without limiting subsection (1), the adjudicator may do any of the following by order:

(a) impose restrictions on a person's continued participation in or attendance at the public hearing or review on the record;

(b) exclude a person from further participation in or attendance at the public hearing or review on the record until the adjudicator orders otherwise.

Power to enforce summons and punish for contempt

149 (1) An adjudicator may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under section 147 [orders to attend and produce records or things] and fails or refuses to do any of the following:

(2) The adjudicator may make an order finding a person to be in contempt, and may commit the person for contempt, if the person fails or refuses to comply with an order or a direction under section 148 [maintenance of order at public hearing or review on the record].

(3) Subsections (1) and (2) do not limit the conduct for which the adjudicator may make an order finding a person to be in contempt.

(4) The adjudicator may call on the assistance of any peace officer to enforce an order made under this section or an order or direction made under section 147 [orders to attend and produce records or things], and, if called on, the peace officer may take any action that is necessary to enforce the order or direction and may use the force reasonably required for that purpose.

Power to prohibit or limit attendance or access

150 (1) An adjudicator may, by order, prohibit or restrict a person or a class of persons, or the public, from attending all or part of a public hearing or review on the record, or from accessing all or part of any information provided to or held by the adjudicator of a public hearing or review on the record,

(b) for any reason for which information must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act, or

(c) if the adjudicator has reason to believe that the order is necessary for the effective and efficient fulfillment of the adjudicator's duties under section 141 (10) [review on the record] or 143 (9) [public hearing].

(2) In making an order under subsection (1), an adjudicator must not unduly prejudice the rights and interests of any person against whom a finding of misconduct, or a report alleging misconduct, may be made.

Compellability

151 (1) A member or former member whose conduct is the subject of a public hearing or review on the record is not compellable to testify as a witness at the public hearing or review on the record, but an adverse inference may be drawn from the member's or former member's failure to testify at that public hearing or review on the record.

(2) Subject to the law of privilege, all witnesses, other than the member or former member whose conduct is the subject of a public hearing or review on the record, are compellable at the public hearing or review on the record.

Recording public hearings and reviews on the record

152 (1) The police complaint commissioner is responsible for ensuring that the proceedings of a public hearing or review on the record are transcribed or that a record of all meetings and hearings is made.

(2) A transcript or recording made under this section must be considered to be correct and to constitute part of the record of the public hearing, review on the record or any meeting or hearing in respect of it.

(3) The validity of the public hearing or review on the record is not affected if, by a mechanical or human failure or other accident, the transcript or recording is destroyed, interrupted or incomplete.

When police complaint commissioner may cancel
public hearing or review on the record

153 The police complaint commissioner may cancel a public hearing or review on the record at any time if

(a) the public hearing or review on the record was initiated on the police complaint commissioner's own initiative, whether under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], and the police complaint commissioner is satisfied that

(i) new evidence has since become available or been discovered that is substantial and material to the case, and

(ii) holding the public hearing or review on the record is no longer in the public interest, having considered all relevant factors, including, without limitation, the factors referred to in section 138 (2), or

(i) the public hearing or review on the record was initiated by a request of the member or former member concerned under section 136 [time limit for requesting public hearing or review on the record];

(ii) the member or former member referred to in subparagraph (i) requests the police complaint commissioner to cancel the public hearing or review on the record;

(iii) the police complaint commissioner is satisfied that holding the public hearing or review on the record is no longer in the public interest, having considered all relevant factors, including, without limitation, the factors referred to in section 138 (2) [determining whether to arrange public hearing or review on the record].

Exclusive jurisdiction and appeals from
public hearing decisions

154 (1) An adjudicator has exclusive jurisdiction to inquire into, hear and determine all matters and questions of fact and law arising or required to be determined in respect of a public hearing or review on the record, and to make any order the adjudicator is permitted under this Division to make.

(2) A decision of an adjudicator in a review proceeding under section 141 [review on the record] is final and conclusive and is not open to question or review in any court.

(3) An appeal on a question of law lies to the Court of Appeal, with leave of a justice of the Court of Appeal, from a decision of an adjudicator under section 143 (9) [public hearing].

(4) Technical errors as to form, failure to file or to give notice on time and other procedural errors of a minor nature do not go to jurisdiction and may not be appealed to the Court of Appeal on any ground, unless the error prejudiced a fair determination of the issues at the public hearing.

Immunity protection for adjudicators and
retired judges acting under this Act

155 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a retired judge who is appointed as an adjudicator, who becomes a discipline authority under section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] or who is appointed as a discipline authority under section 135 (2) [power to designate another discipline authority if in public interest], or a person acting on behalf of or under the direction of that adjudicator or discipline authority, because of anything done or omitted

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Guidelines for resolution of suitable admissible complaints

156 (1) The police complaint commissioner may issue guidelines providing for the resolution, by mediation or other informal means, of admissible complaints under Division 3 [Process Respecting Alleged Misconduct] other than the following:

(a) complaints concerning a death or the suffering of serious harm or a reportable injury described in section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm];

(b) complaints determined in accordance with the guidelines not to be suitable for resolution by mediation or other informal means.

(a) must establish the criteria to be applied in determining whether resolution under this Division is suitable, and

(i) a determination to be made by the police complaint commissioner about whether a complaint is suitable for resolution by mediation or other informal means;

(ii) a roster, or the selection and identification, of those persons who may attempt to mediate or otherwise resolve a complaint;

(iii) timelines in respect of which mediation or other informal means of resolution must be conducted or concluded;

(iv) forms and procedures that may or must be used or followed before, during or after a mediation or other informal means of resolution under this Division;

Informal complaint resolution

157 (1) If, at any time before or during an investigation into a complaint concerning the conduct of a member or former member, the complaint appears to the discipline authority to be such that, under the guidelines, the matter is suitable for resolution by informal means other than mediation, the discipline authority may resolve the matter informally, if the complainant and the member or former member agree in writing to the proposed resolution.

(2) Before attempting to resolve a complaint under this section, the discipline authority must provide the complainant with a copy of the police complaint commissioner's list, established under section 177 (2) (k), of support groups and neutral dispute resolution service providers and agencies.

(3) If a complaint is informally resolved under this section, the discipline authority must

(b) provide the police complaint commissioner any other information that the police complaint commissioner may require respecting the proposed resolution.

(4) Within 10 business days after agreeing to the proposed resolution under subsection (1), the complainant or member or former member may revoke agreement by giving written notification of the revocation to the discipline authority concerned or the police complaint commissioner.

(5) If agreement is revoked under subsection (4), the recipient of the notification of that revocation must promptly notify the other party to the proposed resolution and those of the police complaint commissioner or the discipline authority who are not aware of the revocation.

(6) Within 15 business days of receiving notification under subsection (3) (a), the police complaint commissioner may set aside the proposed resolution if the police complaint commissioner considers it inappropriate or inadequate.

(7) Unless the police complaint commissioner sets aside the proposed resolution under subsection (6), a proposed resolution consented to and not revoked under this section is final and binding and, with the exception of sections 166 and 167, no other provisions of this Part apply in respect of the matter.

Resolution by mediation

158 (1) If, at any time before an investigating officer's final investigation report respecting an investigation into a complaint concerning the conduct of a member or former member is filed with the discipline authority, the complaint appears to the discipline authority to be such that, under the guidelines, the matter is suitable for resolution by mediation, the discipline authority may request the police complaint commissioner to approve of an attempt at mediation under this Division.

(2) Subject to subsection (3), if the police complaint commissioner approves of an attempt at mediation in respect of the complaint,

(i) notify the complainant, the member or former member whose conduct is the subject of the complaint and the discipline authority,

(ii) direct the complainant to attend, at a time and place determined by the mediator, a pre-mediation conference and each required mediation session, unless mediation is cancelled by the police complaint commissioner under this Division,

(iii) direct the investigating officer to suspend the investigation and the filing of any reports until further direction by the police complaint commissioner,

(iv) notify the complainant of the matters set out in sections 159 (1) [complainant assistance] and 164, and of the suspension, under subparagraph (iii) of this paragraph, of the investigation and report filing, and

(v) provide the complainant with a copy of the police complaint commissioner's list, established under section 177 (2) (k), of support groups and neutral dispute resolution service providers and agencies, and

(i) order the member or former member to attend, at a time and place determined by the mediator, a pre-mediation conference and each required mediation session, and

(3) The member or former member concerned must comply with an order under subsection (2) (b) (i).

(4) A complainant directed to attend a pre-mediation conference under subsection (2) (a) (ii) may apply to the police complaint commissioner before the pre-mediation conference under section 160, or to the mediator at that
pre-mediation conference, to be excused from participation in the mediation process under this Division.

(5) If satisfied that the complainant has a good reason for not participating in the mediation process, the police complaint commissioner must cancel the mediation, lift the suspension of the investigation and report filing, if any, and notify the discipline authority, the investigating officer, the member or former member concerned, the mediator and the complainant.

(6) If mediation is cancelled under subsection (5), the complaint must continue to be dealt with under and in accordance with Division 3.

Complainant assistance

159 (1) Complainants have the right to seek advice before and during an attempt to mediate or otherwise informally resolve a complaint under this Division.

(2) At any time before or during any mediation or informal resolution process under this Division, a complainant may enlist the assistance of a support person of the complainant's choice or may ask the police complaint commissioner to appoint a support person for the complainant.

(a) be present at any session of the mediation or other informal resolution process, as the case may be, including, without limitation, the
pre-mediation conference under section 160,

(b) with the consent of the mediator, participate in any mediation session and conference, and

(c) with the consent of the member or former member whose conduct is the subject of the complaint, participate in any informal resolution session.

Pre-mediation conferences

160 (1) A mediator selected or appointed under this Division must hold a pre-mediation conference separately with each of the complainant and the member or former member concerned.

(2) At a pre-mediation conference with a complainant or a member or former member, the mediator must do the following:

(a) determine whether there is any factor that would render mediation unfair to one of those participants, and assess whether mediation is appropriate in the circumstances;

Power of mediator to end process at any time

161 (1) Without limiting any other rights and powers of the mediator relating to the mediation process, at any time after the mediator has held a pre-mediation conference, the mediator may end the mediation process if the mediator concludes that

(2) The mediator must promptly notify the police complaint commissioner of a conclusion described in subsection (1) (a) or (b) and the police complaint commissioner, on receiving that notification, must cancel the mediation, lift the suspension of the investigation and report filing, if any, and notify the discipline authority, the investigating officer, the member or former member concerned and the complainant.

(3) If mediation is cancelled under subsection (2), the complaint must continue to be dealt with under and in accordance with Division 3.

Conduct of mediation proceedings

162 Subject to section 160, a mediator may conduct a pre-mediation conference and the mediation in any manner the mediator considers appropriate to assist the complainant and the member or former member concerned in reaching

(b) in the case of misconduct, an agreement as to appropriate disciplinary or corrective measures.

Outcome of mediation

(b) if the outcome is as described in subsection (1) (a), the disciplinary or corrective measures accepted by the member or former member.

(3) On receiving notification under subsection (2), the police complaint commissioner must

(a) notify the discipline authority, the investigating officer, the member or former member concerned and the complainant of the outcome, including any disciplinary or corrective measures accepted by the member or former member, and

(b) if the outcome is as described in subsection (1) (b), cancel the mediation and lift the suspension of the investigation and report filing, if any.

(4) If mediation is cancelled under subsection (3) (b), the complaint must continue to be dealt with under and in accordance with Division 3.

(5) If a resolution described in subsection (1) (a) is achieved, the resolution is final and binding and, with the exception of sections 166 and 167, no other provisions of this Part apply in respect of the matter.

Consequences if participant fails to attend mediation proceeding

164 (1) If a complainant fails to attend a pre-mediation conference or a mediation session, the police complaint commissioner may do either of the following, as the police complaint commissioner considers appropriate in the public interest:

(a) cancel the mediation, discontinue the complaint and take no further action under Division 3 in relation to the complaint;

(b) cancel the mediation, discontinue the complaint, lift the suspension of the investigation and report filing, if any, and continue the investigation under and in accordance with Division 3.

(2) If mediation is cancelled under subsection (1) (b), the continued investigation is deemed to have been initiated under section 93 [independent power to order investigation] without a complainant.

(3) If the member or former member whose conduct is the subject of the complaint fails to attend a pre-mediation conference or a mediation session, the police complaint commissioner

(a) must cancel the mediation and lift the suspension of the investigation and report filing, if any, and continue the investigation under and in accordance with Division 3, and

(b) may, in the case of a member and if the police complaint commissioner considers appropriate in the public interest, order an investigation into that failure to attend under and in accordance with section 93.

(4) Before exercising a power or performing a duty under subsection (1) or (3), the police complaint commissioner must consult with the discipline authority of the member or former member concerned.

Cost of mediation

165 (1) The fees, rates and disbursements that may be charged in relation to mediation under this section, other than legal costs incurred by the complainant or the member or former member concerned, must be borne and paid for by the board of the municipal police department with which the member is employed or, in the case of a former member, with which the former member was employed at the time of the conduct of concern.

(2) The Lieutenant Governor in Council may make regulations setting the fees, rates and disbursements that may be charged in relation to mediation under this section.

Confidentiality of statements

166 (1) An oral or written answer or statement made by the complainant, the member or former member concerned or any other person in the course of attempting to resolve a complaint through mediation or other informal means under this Division

(a) must not be communicated to any person other than those persons participating in the attempt to resolve the complaint, and

(b) must not be used in any criminal or civil proceedings, including disciplinary proceedings under this Act.

If complaint is resolved and no disciplinary
or corrective measures are taken

167 (1) If a resolution is final and binding under section 157 (7) or 163 (5) and no disciplinary or corrective measures are taken against the member or former member concerned in relation to the complaint, the record of the complaint must not be entered in the service record of discipline of the member or former member concerned, but it may be entered in that member's or former member's personnel file.

(2) A record of complaint in a member's or former member's personnel file under subsection (1) may be opened only

(a) for the purposes of deciding whether a subsequent attempt at informal resolution or mediation is appropriate, or

Making a service or policy complaint

168 (1) Subject to subsection (3), any person may make a complaint to the police complaint commissioner about

(a) the general direction and management or operation of a municipal police department, or

(b) the inadequacy or inappropriateness of any of the following in respect of a municipal police department:

(i) a member on duty at a station of any municipal police department who is assigned to receive and register complaints under this Division,

(ii) an individual designated by the police complaint commissioner under section 51 (5) (b), or

(3) A member may not make a complaint under this Division in respect of the municipal police department with which the member is employed if the subject of the complaint is one to which the grievance procedure under the member's collective agreement applies.

If complaint made to member, designated individual
or chair under section 168 (2) (b)

169 (1) When a member, an individual or a chair referred to in section 168 (2) (b) [making a service or policy complaint] receives a complaint under that provision, she or he must immediately

(b) provide the person making the complaint with written acknowledgment of its receipt, and

(c) forward a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint to

(a) provide the person making the complaint with any assistance that person requires in making the complaint,

(b) provide the person making the complaint with any information or advice that may be required under the guidelines prepared under section 177 (2) (a) by the police complaint commissioner, and

(c) complete and forward, to the persons referred to in subsection (1) (c), the record of the complaint in the form and manner required by the police complaint commissioner.

If complaint made directly to police complaint commissioner

170 When the police complaint commissioner receives a complaint directly from a person under section 168 (2) (a), the police complaint commissioner must immediately

(b) provide the person making the complaint with written acknowledgment of its receipt, and

(c) forward a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint to both a chief constable of the municipal police department concerned and to the board of that municipal police department.

Investigation of department service and policy complaints

171 (1) On receiving a copy of a complaint, or a record of a complaint, under this Division, or, in the case of a complaint or part of a complaint described in section 82 (6) [determination of whether complaint is admissible], on receiving notification under section 83 (1) (a) (iii) [notification following determination of admissibility], the board of the municipal police department concerned must promptly do one or more of the following:

(a) request a chief constable of that municipal police department to investigate and report on the complaint;

(e) take any other course of action the board considers necessary to respond adequately to the complaint.

(2) The police complaint commissioner may recommend that the board initiate an investigation into the complaint if the board does not choose to do so under subsection (1) (c).

(3) Within 20 business days after doing any of the things described in subsection (1) (a) to (e), the board must notify the person who made the complaint, the director and the police complaint commissioner regarding the course of action being taken.

(4) The police complaint commissioner may request a status report from the board regarding the progress of an investigation or a study concerning a complaint under this Division, and the police complaint commissioner must forward to the person who made the complaint a copy of any report the police complaint commissioner receives in response to that request.

If investigation or study is initiated under section 171

172 (1) At the conclusion of an investigation or a study initiated under section 171 (1) (a), (b) or (c) [investigation of department service and policy complaints], on dismissing the complaint under section 171 (1) (d) or on taking a course of action under section 171 (1) (e), the board must send to the person who made the complaint, the director and the police complaint commissioner

(a) an explanation for the board's action under section 171 (1) in respect of the service or policy that is the subject of the complaint, and

(b) if applicable, a detailed summary of the results of any investigation or study initiated under that section.

the person may, within 20 business days of receiving the explanation or summary referred to in subsection (1) of this section, request the police complaint commissioner to review the matter.

Police complaint commissioner's review of board decisions

173 (1) Subject to subsection (2) of this section, whether or not the person who made the complaint has requested a review under section 172 (2) [if investigation or study is initiated under section 171], the police complaint commissioner may do any of the following:

(b) recommend to the board further investigation, study, courses of action or changes to service or policy;

(c) make recommendations to the director under section 177 (4) (e) [general responsibility and functions of police complaint commissioner].

(2) A review conducted under subsection (1) must be completed within 40 business days of receiving the board's explanation referred to in section 172 (1).

(3) The police complaint commissioner must include in the police complaint commissioner's annual report any recommendations made to boards or the director under subsection (1) and may comment on the responses received, if any.

Definition

(a) in relation to an internal discipline matter concerning the conduct or deportment of a member who is not a chief constable or deputy chief constable,

(i) a chief constable of the municipal police department with which the member is employed, unless section 176 applies, or

(ii) if section 176 [chief constable may delegate internal discipline authority functions] applies, a person referred to in subsection (1) of that section;

(b) in relation to an internal discipline matter concerning the conduct or deportment of a member who is a chief constable or deputy chief constable, the chair of the board of the municipal police department with which the member is employed.

Internal discipline matters

175 (1) A chief constable of a municipal police department and the chair of the board of the municipal police department must establish procedures, not inconsistent with this Act, for dealing with internal discipline matters and taking disciplinary or corrective measures in respect of them.

(a) a copy of the procedures is filed with the police complaint commissioner, and

(b) the board of the municipal police department concerned approves the procedures.

(3) An internal discipline authority, the board and any arbitrator that may be appointed under the grievance procedure of the collective agreement may use, but are not restricted by,

(a) Division 2 to determine standards against which the conduct or deportment of a member may be judged, and

(b) section 126 [imposition of disciplinary or corrective measures] to determine appropriate discipline in respect of the matter.

(4) The internal discipline authority must provide the police complaint commissioner with a copy of

(a) any recommendation on disciplinary or corrective measures arising from an internal discipline matter, and

(b) the final decision reached by the internal discipline authority, the board or the arbitrator.

(5) On request of the police complaint commissioner, an internal discipline authority must provide any additional information or records respecting an internal discipline matter that are in the possession or control of the municipal police department concerned.

(6) The internal discipline authority may determine any issue respecting a member's competence or suitability to perform police duties that arises in an internal discipline matter.

Chief constable may delegate internal
discipline authority functions

176 (1) A chief constable of a municipal police department may delegate to a deputy chief constable or senior officer of the municipal police department any of her or his powers or duties as internal discipline authority in a member's case under this Division.

(2) A delegation under this section must be in writing, and the chief constable making the delegation must, as soon as practicable after the delegation is made, notify the police complaint commissioner and the member concerned of that delegation.

General responsibility and functions
of police complaint commissioner

177 (1) The police complaint commissioner is generally responsible for overseeing and monitoring complaints, investigations and the administration of discipline and proceedings under this Part, and ensuring that the purposes of this Part are achieved.

(2) In addition to any other duties imposed under this Part or Part 9, the police complaint commissioner must do the following:

(a) establish guidelines to be followed by members or individuals referred to in section 78 (2) (b) [how complaints are made] or 168 (2) (b) [making a service or policy complaint] in receiving a complaint under Division 3 or 5;

(b) establish guidelines to be followed by municipal police departments and their employees in receiving and handling an oral or written report by a member of the public or any other person that raises a question or concern about the conduct of a municipal constable, but which question or concern does not result in a complaint being made and registered under section 78 [how complaints are made];

(c) establish forms for the purposes of section 80 (2) (e) [if complaint made to member or designated individual under section 78 (2) (b)], 85 (1) (a) [departments to make record of reports not resulting in registered complaints] or 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm];

(d) establish and maintain a record of each complaint and investigation under this Part, including all records related to each complaint and investigation under this Part;

(e) compile statistical information in respect of records referred to in paragraph (d), including, without limitation,

(i) demographical information in respect of persons who make complaints under this Part, if available,

(ii) information respecting the number and frequency of complaints and investigations or of different types or classes of complaints and investigations, and the outcome or resolution of them, and

(iii) any trends in relation to information compiled under subparagraphs (i) and (ii);

(f) at least annually and subject to subsection (3), prepare reports respecting the matters described in paragraphs (d) and (e) and make those reports available to the public by posting them on a publicly accessible website maintained by or on behalf of the police complaint commissioner;

(g) develop and provide outreach programs and services for the purposes of informing and educating the public in respect of this Part and the powers and duties of the police complaint commissioner;

(h) for the purposes of paragraph (g), consider and address the particular informational needs of British Columbia's diverse communities;

(i) accept and consider comments from any interested person respecting the administration of this Part and Part 9;

(k) establish a list of support groups and neutral dispute resolution service providers and agencies that may assist complainants with any mediation or other informal resolution process under Division 4 and make that list available to the public;

(l) make any recommendations for improvement of the complaint process in the annual report under section 51.1.

(3) Before making the reports referred to in subsection (2) (f) available to the public, the police complaint commissioner may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(a) prepare and provide informational reports on any matter related to the functions of the police complaint commissioner;

(b) engage in or commission research on any matter relating to the purposes of this Part or Part 9;

(c) make recommendations to a board that it examine and reconsider any policies or procedures that may have been a factor in conduct that is the subject of a complaint or an investigation under this Part;

(d) make recommendations to the director or the minister that a review, a study or an audit be undertaken to assist police departments or forces, or any designated policing unit or designated law enforcement unit to which this Part is made applicable by regulation of the Lieutenant Governor in Council, in developing training or other programs designed to prevent recurrence of any problems revealed by the complaint process;

(e) make recommendations to the director that the director exercise one or more of the director's functions under sections 40 [functions of director], 42 [studies by director] and 44 [special investigations] in relation to a service or policy complaint under Division 5 about a municipal police department or a service or policy complaint about any designated policing unit or designated law enforcement unit to which Division 5 is made applicable by regulation of the Lieutenant Governor in Council;

(f) make recommendations to the minister for a public inquiry under the Public Inquiry Act if there are reasonable grounds to believe that

(i) the issues in respect of which the inquiry is recommended are so serious or so widespread that a public inquiry is necessary in the public interest,

(ii) an investigation conducted under this Part, even if followed by a public hearing or review on the record, would be too limited in scope, and

(g) consult with and advise persons who, in other jurisdictions of Canada or within the Royal Canadian Mounted Police, hold the same or a similar position as the police complaint commissioner.

(5) In exercising the police complaint commissioner's powers and duties under this Act, the police complaint commissioner may request an interview or statement from any discipline authority, prehearing conference authority or chief constable, deputy chief constable or chair of the board of a municipal police department.

(6) A person to whom a request is made under subsection (5) must comply with that request.

(7) On receiving a recommendation under subsection (4) (f), the minister may request the Lieutenant Governor in Council to appoint a commission under the Public Inquiry Act.

Duty of members to cooperate with police complaint
commissioner and staff

178 A member has a duty to cooperate with the police complaint commissioner in the police complaint commissioner's exercise of powers or performance of duties under this Act and with any deputy police complaint commissioner or other employee of the police complaint commissioner who is acting on behalf of the police complaint commissioner.

Criminal prosecutions and civil remedies not prohibited

(b) proceedings under the Labour Relations Code as to the interpretation, application or operation of a collective agreement.

(2) A decision by Crown counsel not to commence or proceed with a criminal charge arising out of the same facts and circumstances as those related to a complaint or an investigation under this Part does not preclude the continuation or initiation of proceedings under this Act.

(3) Acquittal or conviction on a criminal charge arising out of the same facts and circumstances as those related to a complaint or an investigation under this Part does not preclude the continuation or initiation of proceedings under this Act.

(4) The police complaint commissioner or an adjudicator may suspend proceedings under this Part if, in the police complaint commissioner's or adjudicator's opinion, continuation of the proceedings would prejudice a criminal investigation or prosecution.

(5) Without limiting the authority of the police complaint commissioner or adjudicator to reconsider the matter, the complainant or the member or former member whose conduct is the subject of the complaint or investigation may, on written notification to each other, request the police complaint commissioner or adjudicator to reconsider a suspension under subsection (4).

(6) From the date of giving or receiving written notification of a request for reconsideration, the complainant and the member or former member have 10 business days to make written submissions to the police complaint commissioner or adjudicator in respect of the decision to suspend.

(7) Any period of suspension under this section must not be counted for the purposes of proceedings under this Part.

Members' service records of discipline

180 (1) Subject to this section and section 167 [if complaint is resolved and no disciplinary or corrective measures are taken], the service record of discipline of a member or former member must include the following records:

(a) a record of each complaint against the member or former member that is determined by the police complaint commissioner to be an admissible complaint under section 82 [determination of whether complaint is admissible];

(b) a record of each investigation that is initiated under section 93 [independent power to order investigation] in respect of the member or former member;

(i) taken in respect of the member or former member as a result of a finding of misconduct,

(ii) accepted by the member under section 120 [prehearing conference] or under Division 4 [Resolution of Complaints by Mediation or Other Informal Means], or

(iii) determined by an adjudicator to be appropriate under section 141 (10) [review on the record] or 143 (9) [public hearing];

(i) every decision in respect of the member or former member that is final and conclusive under section 112 (5) [discipline authority to review final investigation report and give early notice of next steps] or 116 (5) [discipline authority to review supplementary report and give notice of next steps];

(ii) every resolution in respect of the member or former member that is final and conclusive under section 120 (16) [prehearing conference];

(iii) every finding or determination in respect of the member or former member that is final and conclusive under section 133 (6) [review of discipline proceedings];

(e) a record of each adjudicator decision made in respect of the member or former member under section 141 (10) [review on the record] or 143 (9) [public hearing];

(f) a record of discipline taken in respect of the member in an internal disciplinary proceeding.

(i) kept in a secure place, separate from the personnel files of the members and former members, and

(b) members of the municipal police department comply with the provisions of this section.

(3) The service record of discipline of a member or former member of a municipal police department may be disclosed only as follows:

(b) in relation to a complaint or an investigation under Division 3 concerning the conduct of the member or former member, to the discipline authority;

(c) in circumstances where the member or former member accepts an offer for a prehearing conference under section 120 [prehearing conference], to the prehearing conference authority;

(d) in the case of a member and in relation to an internal discipline matter concerning the conduct of the member, to the internal discipline authority as defined in Division 6 [Internal Discipline Matters];

(e) to a chief constable of the member or, in relation to a former member, to a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern;

(g) in circumstances where the conduct of the member or former member is the subject of an investigation under Division 3, to the investigating officer;

(i) in circumstances where the police complaint commissioner arranges a public hearing or review on the record in respect of a disciplinary decision, as defined in section 141, concerning the conduct of the member or former member, to the adjudicator appointed for that proceeding under section 142 [appointment of adjudicator for public hearing or review on the record];

(j) in the case of a member who is a member of a police union and in relation to an internal discipline matter concerning the conduct of that member that is before an arbitrator appointed under the collective agreement, to that arbitrator;

(k) in circumstances set out in subsection (4), to the persons referred to in that subsection.

(4) The service record of discipline of a member or former member may be disclosed to a senior officer or board of another police force or law enforcement agency or to the commissioner of the Royal Canadian Mounted Police, but only on their written request and only in respect of potential employment with the other police force or law enforcement agency or the Royal Canadian Mounted Police.

(5) Disclosure of a member's or former member's service record of discipline to persons other than those referred to in subsection (3) requires both

(a) authorization by a chief constable of the municipal police department with which the member is employed or, in the case of a former member, a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, and

(6) If a disciplinary or corrective measure is imposed in relation to, or agreed to by, a member or former member, and the measure includes treatment, counselling or some other program, the member's or former member's service record of discipline must be updated to indicate whether the counselling, treatment or other program was completed.

(7) Nothing in this section precludes the internal use of a member's service record of discipline for non-disciplinary action, including, without limitation, promotion, transfer and reassignment, within the municipal police department with which the member is employed.

(8) Records referred to in subsection (1) (a) to (f) in relation to a member must be expunged from the member's service record of discipline if any of the following apply:

(a) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 2-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures consist of nothing more than a written or verbal reprimand or advice as to future conduct;

(b) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 3-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures

(i) consist of one or more directions to work under close supervision, to undertake specified training or retraining, or to undertake counselling or treatment, and

(ii) do not include dismissal, reduction in rank, suspension or transfer or reassignment;

(c) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 5-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures

Duties of chief constable and chair of board to ensure
disciplinary or corrective measures are taken

181 (1) This section applies in respect of every disciplinary or corrective measure

(a) that is approved by the police complaint commissioner in relation to a member under section 120 (16) [prehearing conference],

(b) that is proposed by a discipline authority in relation to a member under section 128 (1) (a) [disciplinary disposition record] and is final and conclusive under section 133 (6) [review of discipline proceedings],

(c) that is determined by an adjudicator to be appropriate in relation to a member under section 141 (10) [review on the record] or 143 (9) [public hearing], or

(d) that is accepted by a member under Division 4 [Resolution of Complaints by Mediation or Other Informal Means].

(2) If the disciplinary or corrective measure set out in subsection (1) concerns a member of a municipal police department other than a chief constable, a chief constable of the municipal police department must take every reasonable step to ensure that that disciplinary or corrective measure is taken.

(3) If the disciplinary or corrective measure set out in subsection (1) concerns a chief constable of a municipal police department, the chair of the board of the municipal police department must take every reasonable step to ensure that that disciplinary or corrective measure is taken.

Freedom of Information and Protection of Privacy Act does not apply

182 Except as provided by this Act and by section 3 (3) of the Freedom of Information and Protection of Privacy Act, that Act does not apply to

(a) any record of a complaint concerning the conduct of a member that is made, submitted, registered or processed under this Part,

(b) any record related to a record described in paragraph (a), including, without limitation, any record related to a public hearing or review on the record in respect of the matter,

(d) any record related to information or a report described in paragraph (c), including, without limitation, any record related to a public hearing or review on the record in respect of the matter,

whether that record, information or report is created on or after a complaint is made, submitted or registered or the investigation is initiated, as the case may be.

Requirement to use contemporaneous file monitoring system

"contemporaneous file monitoring system" means software, or a system of software and hardware components and related technology, that

(a) enables the police complaint commissioner to securely and electronically monitor records respecting investigations and proceedings under this Part, and

(a) provides software, hardware or services related to a contemporaneous file monitoring system, and

(b) is designated by order of the Lieutenant Governor in Council for the purposes of subsection (9);

(c) any designated policing unit or designated law enforcement unit that is also designated by the minister as a law enforcement service for the purposes of this section;

(2) The minister may approve one or more contemporaneous file monitoring systems for the purposes of this section.

(3) The board of a municipal police department must ensure that the municipal police department and its members implement, use, maintain, repair and upgrade a contemporaneous file monitoring system in accordance with this section and the regulations, if any, made under section 184 (2) (j) or (l).

(4) For the purposes of this section, the minister, in consultation with the police complaint commissioner, may set or adopt standards respecting

(a) the manner, form, exchange and transfer of information and data in a contemporaneous file monitoring system, and

(b) the maintenance of security and information and data integrity of a contemporaneous file monitoring system

(f) the police complaint commissioner and employees of the office of the police complaint commissioner,

(h) an individual designated under section 51 (5) [staff and other designated individuals],

(i) a member referred to in section 78 (2) (b) (i) [how complaints are made], and

(j) a prehearing conference authority under section 120 [prehearing conference].

(5) A municipal police department and the persons referenced in subsection (4) must comply with all standards set or adopted under that subsection.

(a) a member appointed as investigating officer to investigate the conduct of another member or former member under Division 3 must use the contemporaneous file monitoring system in accordance with the minister's standards to immediately file all records related to the investigation, including, without limitation, all interim reports, the final investigation report, any supplementary report or investigation report under section 132 [adjournment of discipline proceeding for further investigation] and all other related records in respect of the matter, and

(b) a member who is the discipline authority or prehearing conference authority in respect of a matter must use the contemporaneous file monitoring system in accordance with the minister's standards to immediately file all records related to the matter, including, without limitation, the following:

(i) a notification required under section 112 (1) (c) [discipline authority to review final investigation report and give early notice of next steps] or 116 (1) (c) [discipline authority to review supplementary report and give notice of next steps];

(ii) a copy of any request received under section 114 (1) [member or former member may request further investigation] and the notice of decision in respect of that request under section 114 (4) (b);

(iii) a copy of any request filed by the member or former member under section 119 (1) [member or former member may request permission to question witnesses at discipline proceeding] and the notice of decision in respect of that request under section 119 (3) (b);

(v) a notice to appear served on a witness under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted];

(vi) copies of the notices served under section 123 (1) (b) [matters related to discipline proceeding] and delivered under section 123 (1) (c) (i);

(vii) the record of findings under section 125 (b) [conclusion of discipline proceeding];

(viii) a copy of the disposition record and notification under section 128 (1) (d) [disciplinary disposition record] and the unedited record of the proceedings referred to in section 128 (1) (e);

(ix) any transcript made of discipline proceedings in respect of the matter and records submitted as evidence in those proceedings;

(x) a notification of proposed resolution under section 157 (3) [informal complaint resolution].

(7) The filing requirements of this section are in addition to and not instead of any other requirements under this Part.

(8) Subject to the regulations, all costs incurred in the implementation, use, maintenance, repair and upgrading of a contemporaneous file monitoring system by a law enforcement service, or incurred in complying with the standards set or adopted under subsection (4), are

(i) the municipality, in the case of a municipal police department or an investigating officer or a discipline authority who is a member of the municipal police department, and

(ii) the entity on behalf of which a designated policing unit or designated law enforcement unit is established under section 4.1 or 18.1, in the case of a designated policing unit or designated law enforcement unit, or an investigating officer or discipline authority who is a member of such a unit, and

(b) a debt due to and recoverable by the government or one or more persons specified by the minister who provide software, hardware or any other service in relation to a contemporaneous file monitoring system under this section.

(9) No action lies and no proceedings may be brought against a protected person, and a protected person is not liable for any loss or damages suffered by any person, in respect of anything done or omitted to be done by the protected person in relation to the provision or operation of a contemporaneous file monitoring system provided by a designated service provider.

(10) As an exception, the immunity from legal action otherwise provided to a protected person by subsection (9) does not apply if the protected person has been guilty of malice or wilful misconduct in relation to the subject of the action.

Regulations under Parts 9 and 11

184 (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:

(b) governing the selection and appointment of a deputy police complaint commissioner under section 51 (1) [staff and other designated individuals], including the requisite qualifications for the appointment of a person to that office;

(c) describing an injury for the purposes of the definition of "reportable injury" in section 76 and its use in section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm], which description may focus on the nature of the injury or its cause or both;

(d) respecting the service of a notice to appear on a witness under section 121 (1) (b) or (2) [if member's or former member's request to question witnesses is accepted];

(e) respecting appearance fees and expenses to be paid to a witness under section 122 [fees and expenses of witnesses], including limiting or excluding appearance fees and expenses;

(f) respecting directions that may be made by a discipline authority under section 122 (3) [fees and expenses of witnesses];

(g) respecting the service of notice on a witness under section 123 (1) (b) [matters related to discipline proceeding];

(h) providing for the payment of appearance fees and expenses reasonably and necessarily incurred by witnesses called under section 141 (4) [review on the record] or 143 (5) [public hearing];

(i) respecting the handling of complaints against officers other than municipal constables, the investigation of those complaints and the discipline of those officers, including, without limitation, making all or any part of Part 11 applicable, with any changes the minister considers necessary or advisable, to a class of officers other than municipal constables;

(j) respecting the implementation, use, maintenance, repair and upgrading of a contemporaneous file monitoring system by a law enforcement service under section 183;

(k) prescribing fees that must be paid to the government or to persons specified by the minister who provide software, hardware or any other service in relation to a contemporaneous file monitoring system under section 183;

(l) providing for the phasing in of the operation of section 183 (3), or the phasing in of new or changed technology for a software, hardware or any other service in relation to a contemporaneous file monitoring system under section 183, and the phasing in may be in relation to

(iii) specified law enforcement services in specified geographical areas of British Columbia.

(3) The Lieutenant Governor in Council may make different regulations under subsection (2) (d) to (h) in respect of witnesses who are members and witnesses who are not.

(4) The Lieutenant Governor in Council may make different regulations under subsection (2) (i) for different classes of officers.

SECTION 11: [Transition] provides that the new Part 11 applies in respect of transitional complaints made and investigations and proceedings initiated or instituted under the former Part 9, and gives the police complaint commissioner powers to facilitate in the operational transition from proceedings and procedures under the former Part 9 to the new Part 11.

Transition

"complainant" means a person who has submitted a complaint under the former enactment before the effective date;

(a) in relation to a transitional complaint concerning the conduct of a member who is not a chief constable or deputy chief constable,

(i) a chief constable of the municipal police department with which the member is employed, unless section 117 (9), 134, or 135 (1) of the new enactment applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] of the new enactment applies, the retired judge appointed under that section,

(iii) if section 134 [chief constable may delegate discipline authority functions] of the new enactment applies, a person referred to in subsection (1) (a) or (b) of that section, or

(iv) if section 135 (1) [power to designate another discipline authority if in public interest] of the new enactment applies, a senior officer designated under that section as discipline authority by the police complaint commissioner;

(b) in relation to a transitional complaint concerning the conduct of a member who is a chief constable or deputy chief constable,

(i) the chair of the board by which the member is employed, unless section 117 (9) or 135 (2) of the new enactment applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] of the new enactment applies, the retired judge appointed under that section, or

(iii) if section 135 (2) [power to designate another discipline authority if in public interest] of the new enactment applies, a retired judge appointed under that section as discipline authority by the police complaint commissioner;

(c) in relation to a transitional complaint concerning the conduct of a former member who, at the time of the conduct of concern, was not a chief constable or deputy chief constable,

(i) a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, unless section 117 (9), 134 or 135 (1) of the new enactment applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] of the new enactment applies, the retired judge appointed under that section,

(iii) if section 134 [chief constable may delegate discipline authority functions] of the new enactment applies, a person referred to in subsection (1) (a) or (b) of that section, or

(d) in relation to a transitional complaint concerning the conduct of a former member who, at the time of the conduct of concern, was a chief constable or deputy chief constable of a municipal police department,

(i) the chair of the board of the municipal police department with which the former member was employed at the time of the conduct of concern, unless section 117 (9) or 135 (2) of the new enactment applies,

(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] of the new enactment applies, the retired judge appointed under that section, or

"effective date" means the date that section 9 of this Act comes into force;

"former enactment" means Part 9 of the Police Act as it read before the effective date;

"former member", in relation to a transitional complaint concerning the conduct of a person who, at the time of the conduct of concern, was a member of a municipal police department but who after that time has retired or resigned and is no longer a member of any municipal police department, means that person;

"police complaint commissioner" has the same meaning as in the new enactment;

"respondent member or former member" means, in relation to a transitional complaint, the member or former member against whom the transitional complaint was made;

"transitional complaint" means a complaint against a respondent member or former member that was submitted under the former enactment but has not resulted in a complaint disposition under the former enactment before the effective date.

(2) Subject to subsection (3) and without limiting sections 35 and 36 of the Interpretation Act, the new enactment applies in respect of a transitional complaint and an investigation or proceeding initiated or instituted under the former enactment.

(3) The police complaint commissioner may, as the police complaint commissioner considers necessary or advisable, do the following to facilitate the operational transition from proceedings and procedures under the former enactment to the new enactment in respect of a transitional complaint:

(a) establish guidelines to assist complainants, respondent members or former members, discipline authorities, pre-hearing settlement authorities and adjudicators in respect of the transition;

(b) determine the stage in the complaint process under the new enactment that most nearly corresponds to the stage the transitional complaint had reached in the complaint process under the former enactment, and direct persons in respect of the matter;

(c) if the police complaint commission considers it in the public interest, waive or modify a prerequisite to attaining the stage under the new enactment referred to in paragraph (b) when satisfied that things already done or requirements already met will substantially satisfy that prerequisite, and direct persons in respect of the matter;

(d) waive or extend the time limit within which a thing is required to be done under the new enactment.

(4) A determination as to the stage of a transitional complaint under this section is final and the transitional complaint is deemed to have reached the stage in the complaint process established by the new enactment, and any respondent member or former member, discipline authority or pre-hearing settlement authority to whom a direction of the police complaint commissioner applies under subsection (3) must comply with that direction.

Commencement

12 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes

SECTION 1: [Police Act, section 1] adds a reference to section 49 (2) to the definition of "police complaint commissioner".

SECTION 3: [Police Act, section 46] repeals the definitions for the Part, applying instead the definitions set out in the new Part 11 proposed by this Bill.

SECTION 8: [Police Act, section 67] changes a cross-reference, consequential to the amendments proposed by this Bill.

SECTION 10: [Police Act, Part 11] adds Part 11 to replace Divisions 3 to 7 of Part 9 respecting procedures for complaints against municipal police officers and does the following:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Section 1	The date of Royal Assent
2	Sections 2 to 11	By regulation of the Lieutenant Governor in Council

2009 Legislative Session: 1st Session, 39th Parliament FIRST READING

BILL 7 — 2009

POLICE (MISCONDUCT, COMPLAINTS,INVESTIGATIONS, DISCIPLINE ANDPROCEEDINGS) AMENDMENT ACT, 2009

Definitions and interpretation

Staff and other designated individuals

Confidentiality

Non-delegable powers and duties of police complaint commissioner

Personal liability protection and non-compellabilityin civil proceedings

Audit of complaints and investigations under Part 11

Definitions and interpretation

Defining misconduct

How complaints are made to and registeredwith police complaint commissioner

Time limit for making complaints

If complaint made to member or designated individualunder section 78 (2) (b)

If complaint made directly to police complaint commissioner

Determination of whether complaint is admissible

Notification following determination of admissibility

Discontinuance and consolidation of complaintsmade by third-party complainants

Departments to make record of reports notresulting in registered complaints

Offence to harass, coerce or intimidate anyone questioningor reporting police conduct or making a complaint

Appointment of representative for complainants

Duty to preserve evidence relating to complaint or report

Reporting of death, serious harm and reportable injury, and mandatoryexternal investigation in cases of death and serious harm

If complaint not resolved informally, investigation must be initiated

If complaint against chief constable not resolved informally,external investigation must be initiated

External investigations when in public interest

Independent power to order investigation,whether or not complaint made

Withdrawal of complaint by complainant

Confidentiality of investigations

Police complaint commissioner entitledto observe investigations

Police complaint commissioner's powersrelating to investigation

Investigating officer's duty to file reports

Investigations to be completed in 6 months

Investigation powers in relation to municipal police departments

Members' duty to cooperate with investigating officer,answer questions and provide written statements

Use of statements made to investigating officerby members and former members

Investigation powers in relation to other premises

Records or things removed

Copies admissible in evidence

Offence to hinder, delay, obstruct or interferewith investigating officer

Duty of investigating officer to keep records and produce them

Ongoing duty of investigating officer to report information

Power to discontinue investigation

Member's reassignment or suspensionpending investigation and hearing

If police complaint commissioner considers that memberor former member has committed offence

Discipline authority to review final investigation reportand give early notice of next steps

Complainant's right to make submissions

Member or former member may request further investigation

If member's or former member's request forfurther investigation is accepted

Discipline authority to review supplementary reportand give notice of next steps

Appointment of new discipline authority if conclusionof no misconduct is incorrect

Discipline proceeding to be convened within 40 business days after receiving investigation report or police complaint commissioner's notification

Member or former member may request permissionto question witnesses at discipline proceeding

Prehearing conference

If member's or former member's requestto question witnesses is accepted

Fees and expenses of witnesses

Matters related to discipline proceeding

Discipline proceeding

Conclusion of discipline proceeding

Imposition of disciplinary or corrective measuresin relation to members

Proposed disciplinary or corrective measuresin relation to former members

Disciplinary disposition record

Duty of investigating officer to provide all recordsto police complaint commissioner

If member fails to attend discipline proceeding

Admissibility of witness evidence in other proceedings

Adjournment of discipline proceeding for further investigation

Review of discipline proceedings

Chief constable may delegate discipline authority functionsto deputy chief constable or senior officer

Power to designate another discipline authorityif in public interest

Time limit for requesting public hearing or review on the record

Circumstances when member or former member concernedis entitled to public hearing

Determining whether to arrange public hearing or reviewon the record in other circumstances

Reconsideration on new evidence

Determinations may be made available to public

Review on the record

Appointment of adjudicator for public hearingor review on the record

Public hearing

Other participants in public hearing

Powers respecting participants at public hearings

Rights of participants and witnesses in public hearingsand reviews on the record

2009 Legislative Session: 1st Session, 39th Parliament
FIRST READING

POLICE (MISCONDUCT, COMPLAINTS,
INVESTIGATIONS, DISCIPLINE AND
PROCEEDINGS) AMENDMENT ACT, 2009

Personal liability protection and non-compellability
in civil proceedings

How complaints are made to and registered
with police complaint commissioner

If complaint made to member or designated individual
under section 78 (2) (b)

Discontinuance and consolidation of complaints
made by third-party complainants

Departments to make record of reports not
resulting in registered complaints

Offence to harass, coerce or intimidate anyone questioning
or reporting police conduct or making a complaint

Reporting of death, serious harm and reportable injury, and mandatory
external investigation in cases of death and serious harm

If complaint against chief constable not resolved informally,
external investigation must be initiated

Independent power to order investigation,
whether or not complaint made

Police complaint commissioner entitled
to observe investigations

Police complaint commissioner's powers
relating to investigation

Members' duty to cooperate with investigating officer,
answer questions and provide written statements

Use of statements made to investigating officer
by members and former members

Offence to hinder, delay, obstruct or interfere
with investigating officer

Member's reassignment or suspension
pending investigation and hearing

If police complaint commissioner considers that member
or former member has committed offence

Discipline authority to review final investigation report
and give early notice of next steps

If member's or former member's request for
further investigation is accepted

Discipline authority to review supplementary report
and give notice of next steps

Appointment of new discipline authority if conclusion
of no misconduct is incorrect

Member or former member may request permission
to question witnesses at discipline proceeding

If member's or former member's request
to question witnesses is accepted

Imposition of disciplinary or corrective measures
in relation to members

Proposed disciplinary or corrective measures
in relation to former members

Duty of investigating officer to provide all records
to police complaint commissioner

Chief constable may delegate discipline authority functions
to deputy chief constable or senior officer

Power to designate another discipline authority
if in public interest

Circumstances when member or former member concerned
is entitled to public hearing

Determining whether to arrange public hearing or review
on the record in other circumstances

Appointment of adjudicator for public hearing
or review on the record

Rights of participants and witnesses in public hearings
and reviews on the record

Maintenance of order at public hearing
or review on the record

When police complaint commissioner may cancel
public hearing or review on the record

Exclusive jurisdiction and appeals from
public hearing decisions

Immunity protection for adjudicators and
retired judges acting under this Act

If complaint is resolved and no disciplinary
or corrective measures are taken

If complaint made to member, designated individual
or chair under section 168 (2) (b)

Chief constable may delegate internal
discipline authority functions

General responsibility and functions
of police complaint commissioner

Duty of members to cooperate with police complaint
commissioner and staff

Duties of chief constable and chair of board to ensure
disciplinary or corrective measures are taken