Bill 70 - Cross-Border Policing Act

BILL 70

Cross-Border Policing Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“appointee” means an extra-jurisdictional police officer who is appointed as a police officer in New Brunswick under this Act. (agent désigné)

“appointing official” means a person designated under section 40. (agent de nomination)

“extra-jurisdictional commander” means (chef extraterritorial)

(a) the commanding officer, director general or commissioner of the provincial or territorial police force of another province or territory of Canada, or his or her designate, or

(b) the chief of police of a municipal or regional police force in another province or territory of Canada, or his or her designate.

“extra-jurisdictional police officer” means a police officer appointed or employed under the law of another province or territory of Canada, but does not include a member of the Royal Canadian Mounted Police. (agent de police extraterritorial)

“local commander” means (chef local)

(a) a chief of police as defined in the Police Act,

(b) a senior officer of a local Royal Canadian Mounted Police office,

(d) in Part 2, the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to the area in which a police operation or investigation is expected to be conducted, or

(e) any other person designated as a local commander by regulation.

“local Royal Canadian Mounted Police office” means a district office of the Royal Canadian Mounted Police that is responsible for providing policing services to a specified area of New Brunswick. (bureau local de la Gendarmerie royale du Canada)

“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“New Brunswick police force” means (corps de police du Nouveau-Brunswick)

(a) a police force as defined in the Police Act, or

(b) a law enforcement body designated by regulation as a New Brunswick police force.

“New Brunswick police officer” means a police officer as defined in the Police Act. (agent de police du Nouveau-Brunswick)

PART 1

STANDARD APPOINTMENT PROCEDURE

Appointing official to make appointment

2 An appointing official may appoint an extra-jurisdictional police officer as an appointee for a period not exceeding one year in accordance with this Part.

Request for appointment

3(1) An extra-jurisdictional commander may request that a police officer under his or her command be appointed as an appointee so that the police officer has the powers and protections of a New Brunswick police officer while performing his or her police duties in the Province.

3(2) A request for appointment shall be made in writing to an appointing official.

3(3) A request for appointment shall include the following information:

(a) the name and rank of the extra-jurisdictional police officer to be appointed;

(b) the name and address of the police force with which the extra-jurisdictional police officer is employed;

(d) the duration of the appointment;

(e) a general description of the duties to be carried out in the Province by the extra-jurisdictional police officer;

(f) in the case of a police operation or investigation, the name, address and date of birth of each person who is the subject of the police operation or investigation, if known;

(g) where the extra-jurisdictional police officer is expected to perform his or her duties in the Province;

(h) an assessment of the risks associated with the extra-jurisdictional police officer’s duties, including the possibility of firearms or other weapons being used;

(i) a statement that the extra-jurisdictional police officer has read and understood the provisions of sections 31 and 32 of the Official Languages Act; and

(j) whether the extra-jurisdictional police officer’s duties might require a designation to be made under section 25.1 of the Criminal Code (Canada) or under subsection 55(2.1) of the Controlled Drugs and Substances Act (Canada).

Additional information

4 An appointing official may require an extra-jurisdictional commander to supply any additional information that the appointing official considers relevant, and may deny the request for appointment if the information is not supplied.

Review request for appointment with affected police forces

5 Before deciding whether to make the appointment, the appointing official shall review the request for appointment with the local commander of a New Brunswick police force or local Royal Canadian Mounted Police office that the appointing official believes would be affected if the appointment is made.

Timing of decision

6 Within 7 days after receiving a request for appointment, the appointing official shall make the appointment or provide the extra-jurisdictional commander with written notice that the request has been denied.

Appointment

7 An appointing official may make the appointment if he or she is of the opinion that it is appropriate in the circumstances to appoint the extra-jurisdictional police officer as an appointee.

Appointment form

8 An appointment shall be made in a form approved by the Minister.

Conditions on appointment

9 An appointing official may impose conditions on an appointment and such conditions shall be set out on the appointment form.

Providing appointment form

10 As soon as reasonably possible, but no later than 5 days after making an appointment, the appointing official shall provide a copy of the appointment form to the appointee and the appointee’s extra-jurisdictional commander.

When appointment effective

11 An appointment is not effective until the appointee receives a copy of the appointment form from the appointing official.

Notice to Minister

12(1) As soon as reasonably possible, but no later than 5 days after making an appointment, the appointing official shall provide the Minister with written notice of the appointment.

12(2) The notice under subsection (1) shall contain the following information:

(a) the name and rank of the appointee;

(b) the name and address of the police force with which the appointee is employed;

(d) the reason for the appointment.

PART 2

APPOINTMENT IN URGENT CIRCUMSTANCES

Local commander to make appointment

13 The local commander may appoint an extra-jurisdictional police officer as an appointee for a period not exceeding 72 hours in accordance with this Part.

Request for appointment

14(1) An extra-jurisdictional police officer may request that he or she be appointed as an appointee if the extra-jurisdictional police officer

(a) wishes to be granted the powers and protections of a New Brunswick police officer while participating in a police operation or investigation in the Province, and

(b) believes that the police operation or investigation could be compromised by the delay that would result if the extra-jurisdictional police officer were required to request an appointment under Part 1.

14(2) If it is impractical for an extra-jurisdictional police officer to make a request for appointment under subsection (1), the extra-jurisdictional police officer’s supervisor may request the appointment on behalf of the extra-jurisdictional police officer.

14(3) A request for appointment may be made orally or in writing to the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to the area in which the police operation or investigation is expected to be conducted.

14(4) A request for appointment shall include the information listed in subsection 3(3) and an explanation of how the police operation or investigation could be compromised if the extra-jurisdictional police officer were required to obtain an appointment under Part 1.

Additional information

15 The local commander may require an extra-jurisdictional police officer or, if the request for appointment is made under subsection 14(2), the supervisor, to supply any additional information that the local commander considers relevant, and may deny the request for appointment if the information is not supplied.

Timing of decision

16 As soon as reasonably possible but no later than 24 hours after receiving a request for appointment, the local commander shall make the appointment or give notice that the request has been denied to the extra-jurisdictional police officer or, if the request for appointment is made under subsection 14(2), the supervisor.

Appointment

17 The local commander may make the appointment if he or she is of the opinion that

(a) it is appropriate in the circumstances to appoint the extra-jurisdictional police officer as an appointee, and

(b) the delay that would result from requiring a request for appointment be made under Part 1 could compromise the police operation or investigation.

Appointment form

18 An appointment shall be made in a form approved by the Minister.

Conditions on appointment

19 The local commander may impose conditions on an appointment and such conditions shall be set out on the appointment form.

Providing appointment form to appointee

20 As soon as reasonably possible after making an appointment, the local commander shall provide the appointee with a copy of the appointment form.

When appointment effective

21 Subject to section 22, an appointment is not effective until the appointee receives a copy of the appointment form from the local commander.

Appointment with immediate effect

22(1) If the local commander is of the opinion that it is impractical to provide the appointee with a copy of the appointment form before the appointee requires the powers and protections of a New Brunswick police officer, the local commander may make the appointment effective immediately by

(a) indicating on the appointment form that the appointment is effective immediately and the exact time when the appointment is made, and

(b) giving the appointee oral confirmation of the appointment, including the exact times when the appointment is effective and expires, and any conditions imposed on the appointment.

22(2) If a request for appointment is made under subsection 14(2), the local commander may give the appointee’s supervisor oral confirmation of the appointment, including the exact times when the appointment is effective and expires, and any conditions imposed on the appointment.

Notice to appointing official

23 Within 3 days after making an appointment under section 13, the local commander shall provide an appointing official with a copy of the appointment form and all information or documentation provided to the local commander in support of the request for appointment.

Providing appointment form to the extra-jurisdictional commander

24 As soon as reasonably possible after receiving a copy of the appointment form, the appointing official shall provide the appointee’s extra-jurisdictional commander with a copy of the appointment form.

Notice to Minister

25(1) As soon as reasonably possible after receiving a copy of the appointment form, the appointing official shall provide the Minister with written notice of the appointment.

25(2) The notice under subsection (1) shall contain the information listed in subsection 12(2).

Renewing appointment

26(1) At the request of the appointee or the appointee’s supervisor, the local commander may renew an appointment made under this Part for a period not exceeding 72 hours if

(a) a request for appointment has been made under Part 1 in respect of the appointee, and

(b) a decision to approve or deny the request for appointment has not been made.

26(2) Sections 13 to 25 apply, with the necessary modifications, to the renewal of an appointment made under this Part.

26(3) An appointment made under this Part may be renewed more than once as long as the conditions in subsection (1) are satisfied.

PART 3

APPOINTEE’S DUTIES AND STATUS

Advance notice to local commander

27(1) Before performing any police duties in an area of the Province, an appointee shall give notice to the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to that area, unless the duties are of a routine nature that are unlikely to affect the policing services provided by the force or office.

27(2) The notice under subsection (1) shall include a general description of the duties that are to be carried out by the appointee and all the conditions imposed on the appointment.

27(3) If it is impractical for the appointee to give the local commander notice before performing his or her duties in the area in which the local commander’s New Brunswick police force or local Royal Canadian Mounted Police office provides policing services, the appointee shall do so as soon as reasonably possible after the first duties are performed.

Appointee must comply with direction

28 An appointee shall comply with any direction from a local commander respecting how the appointee is to perform his or her duties while in the area in which the local commander’s New Brunswick police force or local Royal Canadian Mounted Police office provides policing services.

Early termination of appointment

29(1) An appointing official may terminate an appointment before it expires if the appointing official is of the opinion that

(a) the appointee has failed to

(i) comply with this Act,

(ii) comply with a condition imposed on the appointment, or

(iii) act in a professional manner at any time while in the Province, or

(b) it is no longer appropriate in the circumstances for the appointee to have the powers and protections of a New Brunswick police officer.

29(2) Subject to subsection (5), an appointing official shall provide written notice of termination of the appointment to

(a) the appointee,

(b) the appointee’s extra-jurisdictional commander, and

29(3) Subject to subsection (5), an appointment is terminated when the appointee receives a copy of the notice of termination of the appointment.

29(4) If an appointing official terminates an appointment under paragraph (1)(a), the appointing official shall provide written notice of the termination of the appointment and the reason for the termination to the minister responsible for public safety in the province or territory of Canada in which the appointee is appointed or employed as a police officer.

29(5) If it is impractical for the appointing official to provide written notice of termination of the appointment to the appointee, the appointing official may provide written notice to the appointee’s extra-jurisdictional commander and the appointment is terminated when the appointee’s extra-jurisdictional commander advises the appointee that the appointment is terminated.

Surrendering an appointment

30(1) An appointee who ceases to require the powers and protections of a New Brunswick police officer before the appointment expires shall surrender the appointment by written notice to an appointing official.

30(2) The appointing official who receives the notice under subsection (1) shall provide the Minister with a copy of the notice.

Status of appointee

31 While an appointment is in effect, the appointee has, throughout the Province, all the powers and protections that a New Brunswick police officer has under the Police Act, subject to any conditions imposed on the appointment.

PART 4

OVERSIGHT OF NEW BRUNSWICK OFFICERS IN OTHER PROVINCES AND TERRITORIES OF CANADA

Application

32 This Part applies to a New Brunswick police officer who has been appointed as a police officer or peace officer in another province or territory of Canada.

New Brunswick police officer to cooperate

33 If an investigation, hearing or inquiry is held under an Act of another province or territory of Canada to examine the conduct of a New Brunswick police officer who was appointed as a police officer or peace officer in the other province or territory of Canada or the police operation or investigation that led the New Brunswick police officer to be appointed as a police officer or peace officer in the other province or territory of Canada, the New Brunswick police officer shall cooperate with the investigator and participate in the hearing or inquiry, subject to the rights and privileges that a police officer appointed or employed under the law of the other province or territory of Canada would have in the same situation.

New Brunswick police force must disclose documents

34 If a New Brunswick police officer is involved in an investigation, hearing or inquiry referred to in section 33, the New Brunswick police force with which he or she is employed shall provide the investigator or person conducting the hearing or inquiry with any information and assistance requested by the investigator or person, subject to any rights and privileges that a police force from the other province or territory of Canada would have in the same situation.

Police Act applies

35 A New Brunswick police officer who has been appointed as a police officer or peace officer in another province or territory of Canada is subject to the disciplinary and corrective measures imposed or agreed to under the Police Act with respect to his or her conduct in the other province or territory, as if the conduct took place in New Brunswick, even if an investigation, hearing or inquiry referred to in section 33 has been held in the other province or territory.

Inadmissible statements and evidence

36 No answer given or statement made by a New Brunswick police officer in the course of an investigation, hearing or inquiry referred to in section 33 may be used in a settlement conference or arbitration hearing under the Police Act without the New Brunswick police officer’s consent.

Appointee not subject to disciplinary and corrective measures

37 An appointee is not subject to the disciplinary and corrective measures imposed or agreed to under the Police Act with respect to his or her conduct in New Brunswick.

PART 5

INDEMNIFICATION

New Brunswick police force must indemnify

38 Subject to an agreement under paragraph 39(a), a New Brunswick police force shall indemnify a police force from another province or territory of Canada against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding if

(a) the police force from that other province or territory is a party to the action or the proceeding, and

(b) the action or proceeding arises out of the actions of a member of the New Brunswick police force while the member was appointed as a police officer or peace officer in that other province or territory.

Indemnity agreement

39 A New Brunswick police force may enter into an agreement regarding indemnification for costs arising out of

(a) the appointment of a New Brunswick police officer as a police officer or peace officer in another province or territory of Canada, and

(b) the appointment of an extra-jurisdictional police officer as an appointee.

PART 6

GENERAL PROVISIONS

Designation of appointing official

40 The Minister may designate a local commander to act as an appointing official.

Local commander may delegate powers

41 A local commander may delegate his or her powers under this Act to a police officer under his or her command.

Law of hot pursuit not affected

42 Nothing in this Act affects the common law regarding hot pursuit.

Power of appointment reserved

43 Nothing in this Act limits or affects the power to appoint peace officers or special constables under another Act.

Administration

44 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

45 The Lieutenant-Governor in Council may make regulations

(a) designating a person as a local commander for the purposes of paragraph (e) of the definition “local commander” in section 1;

(b) designating a law enforcement body for the purposes of paragraph (b) of the definition “New Brunswick police force” in section 1;

(c) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(d) generally for the better administration of this Act.

Commencement

46 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.