BILL 71
An Act to Amend the
Police Act
Her Majesty, by and with the advice
and consent of the Legislative Assembly of New Brunswick, enacts as
follows:
1 Section 1 of the Police Act, chapter P-9.2
of the Acts of New Brunswick, 1977, is amended
(a) by
repealing the definition “conduct complaint” and substituting
the following:
“conduct complaint” means (plainte pour inconduite)
(a) in Part III, a complaint concerning
the conduct of a member of a police force;
(b) in Part III.1, a complaint concerning
the conduct of an appointee while performing police duties in the
Province; and
(c) in Part III.2, a complaint concerning
the conduct of a member of a police force while performing police
duties in another province or territory of Canada;
(b) by adding
the following definition in alphabetical order:
“police oversight body” means
the person, board, agency, commission or other body responsible for
processing complaints concerning police conduct in another province
or territory of Canada; (organisme de surveillance de la police)
2 Subsection 25.1(3) of the French version of the Act is repealed and
the following is substituted:
25.1(3) Lorsque aucune plainte n’a été déposée,
le chef de police ou l’autorité municipale, selon le cas,
commence un examen de la conduite d’un membre d’un corps
de police dans l’année qui suit la date à laquelle
le chef de police ou l’autorité municipale a eu connaissance
de l’infraction présumée au code.
3 Section
26.2 of the Act is amended by striking out “this Division”
and substituting “this
Division or Division B of Part III.1” .
4 The
Act is amended by adding after Part III the following:
PART III.1
EXTRA-JURISDICTIONAL POLICE OFFICERS APPOINTED
IN NEW BRUNSWICK
Division A
Conduct Complaint Process
Definitions
32.71 The following definitions apply in this
Part.
“appointee” means an appointee
as defined in the Cross-Border Policing
Act. (agent désigné)
“appointing official” means
an appointing official as defined in the Cross-Border Policing Act. (agent de nomination)
“extra-jurisdictional commander”
means an extra-jurisdictional commander as defined in the Cross-Border Policing Act. (chef extraterritorial)
“extra-jurisdictional police officer”
means an extra-jurisdictional police officer as defined in the Cross-Border Policing Act. (agent de police extraterritorial)
Filing a conduct complaint
32.72(1) If a person has a conduct complaint, the person may file his
or her conduct complaint in writing with the chair of the Commission.
32.72(2) The Commission shall provide the complainant with any information
or assistance the complainant requires in filing the conduct complaint.
32.72(3) Upon receipt of a conduct complaint under subsection (1), the
Commission shall inform the complainant that the Commission cannot
impose disciplinary or corrective measures on the appointee.
Time limits
32.73(1) Subject to subsection (2), a conduct complaint shall be filed
within one year after the date of the incident or omission, or occurrence
of the conduct that is the subject of the conduct complaint.
32.73(2) The Commission may, where in the opinion of the Commission circumstances
so warrant, extend the time for the filing of the conduct complaint.
32.73(3) If the Commission decides to investigate the conduct of an appointee
where no conduct complaint is filed, the Commission shall, within
one year after the day on which the Commission becomes aware of the
alleged breach of the code, commence the investigation.
Notification
32.74(1) The Commission shall give the police oversight body, the appointee,
the appointee’s extra-jurisdictional commander and the appointing
official notice in writing of the substance of the conduct complaint
immediately after the Commission receives the conduct complaint under
subsection 32.72(1).
32.74(2) Despite subsection (1), the Commission may withhold notification
of the appointee if the Commission determines that notification may
jeopardize the investigation into the conduct complaint.
32.74(3) If the Commission decides to withhold notification of the appointee,
the Commission shall notify the police oversight body and the appointee’s
extra-jurisdictional commander of its decision.
Withdrawal of conduct complaint
32.75(1) A complainant may, at any time, file a written notice of withdrawal
of a conduct complaint with the Commission.
32.75(2) The Commission shall, immediately after receiving the notice
of withdrawal of a conduct complaint, provide a copy of the notice
to the police oversight body, the appointee and the appointee’s
extra-jurisdictional commander.
32.75(3) Despite subsection (2), if the notice of withdrawal of a conduct
complaint is filed before the police oversight body, the appointee
and the appointee’s extra-jurisdictional commander have been
notified of the substance of the conduct complaint under subsection
32.74(1), the Commission may, in the discretion of the Commission,
decide not to provide a copy of the notice of withdrawal to the police
oversight body, the appointee and the appointee’s extra-jurisdictional
commander.
32.75(4) Despite the withdrawal of a conduct
complaint, the Commission may investigate the conduct complaint.
Summary dismissal of a conduct complaint
32.76(1) The Commission may summarily dismiss a conduct complaint, in
whole or in part if, in the opinion of the Commission, the conduct
complaint or part of the conduct complaint is frivolous, vexatious
or not made in good faith.
32.76(2) If the Commission decides to summarily dismiss a conduct complaint
or part of a conduct complaint, the Commission shall give the complainant,
the police oversight body, the appointee and the appointee’s
extra-jurisdictional commander notice in writing of the decision,
including the reasons for the decision.
False or misleading statements, conduct
complaints made in bad faith and preventing the filing of conduct
complaints
32.77(1) No person shall
(a) knowingly make a false or misleading
statement when filing a conduct complaint,
(b) file a conduct complaint that is
made in bad faith, or
(c) prevent, hinder, obstruct or interfere
with a person filing a conduct complaint.
32.77(2) A person who violates or fails to comply with paragraph (1)(a), (b) or (c) commits
an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
Division B
Investigation into Conduct Complaints
Commission shall investigate
32.78 The Commission shall investigate a conduct
complaint unless
(a) the complainant files a written
notice of withdrawal of the conduct complaint with the Commission
and the Commission decides not to investigate, or
(b) the Commission decides to summarily
dismiss the conduct complaint.
Investigation where no conduct complaint
is filed
32.79 The Commission may investigate the conduct
of an appointee whether or not a conduct complaint is filed.
Appointment of investigator
32.8 The Commission shall appoint an investigator from the list it establishes
and maintains under section 26.2 to conduct an investigation into
a conduct complaint.
Powers of investigator
32.81 When conducting an investigation into a
conduct complaint, the investigator shall
(a) question witnesses,
(b) take statements, and
(c) obtain documents and physical objects.
Assistance to investigator
32.82 Where an investigation into a conduct complaint
is conducted, every member of a police force, including an auxiliary
police officer, shall provide the investigator with any information
and assistance requested by the investigator.
Power of entry
32.83(1) Where an investigator has reason to believe there might be relevant
information relating to a conduct complaint in a premises, the investigator
may, at any reasonable time, enter the premises and inspect any document
or physical object relating to the investigation.
32.83(2) An investigator shall not enter a private dwelling under subsection
(1) unless the investigator
(a) has the consent of the occupier,
or
(b) has obtained an entry warrant under
the Entry Warrants Act.
32.83(3) Before or after attempting to effect entry under subsection (1),
an investigator may apply to a judge for an entry warrant under the Entry Warrants Act.
32.83(4) An investigator may request the assistance of a member of a police
force or a member of the Royal Canadian Mounted Police for the purposes
of subsection (1).
Removal of documents and physical objects
32.84(1) An investigator may, for the purpose of an investigation into
a conduct complaint, remove documents and physical objects relating
to the investigation from a premises referred to in subsection 32.83(1)
and may make a copy or extract of the documents or any part of the
documents and shall give a receipt to the occupier for the documents
or physical objects so removed.
32.84(2) Where documents are removed from a premises referred to in subsection
32.83(1), they shall be returned to the occupier as soon as possible
after the making of the copies or extracts.
32.84(3) A copy or extract of any document related to an investigation
into a conduct complaint and purporting to be certified by an investigator
is admissible in evidence in any action, proceeding or prosecution
as proof, in the absence of evidence to the contrary, of the original
without proof of the appointment, authority or signature of the person
purporting to have certified the copy or extract.
Obstruction
32.85(1) No person shall obstruct or interfere with an investigator in
carrying out an investigation under this Division, or withhold, destroy,
conceal or refuse to furnish any information, documents or physical
objects required by the investigator for the purposes of the investigation.
32.85(2) A refusal of consent to enter a private dwelling is not and shall
not be deemed to be obstructing or interfering within the meaning
of subsection (1), except where an entry warrant has been obtained.
32.85(3) A person who violates or fails to comply with subsection (1)
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
Suspension of investigation
32.86(1) Despite any other provision of this Act or the regulations, the
Commission may suspend an investigation into a conduct complaint until
such time as the Commission directs otherwise where the investigation
will be or becomes an investigation into an alleged offence under
an Act of the Legislature or an Act of the Parliament of Canada.
32.86(2) The Commission shall give the police oversight body, the appointee,
the appointee’s extra-jurisdictional commander and the appointing
official notice in writing of the decision to suspend the investigation
into the conduct complaint.
Investigation report
32.87(1) Upon completion of an investigation into a conduct complaint,
the investigator shall provide the Commission with the full details
of the investigation, including
(a) a true copy of the investigation
report,
(b) a true copy of all statements taken
during the course of the investigation,
(c) a true copy of documents removed,
(d) a list of physical objects removed,
and
(e) a summary of the investigator’s
findings and conclusions.
32.87(2) Upon receipt of the documents listed under subsection (1), the
Commission shall
(a) provide a copy of the documents
to the police oversight body, and
(b) provide the complainant with the
name, address and telephone number of the police oversight body.
PART III.2
NEW BRUNSWICK POLICE OFFICERS APPOINTED
IN ANOTHER PROVINCE OR TERRITORY OF CANADA
Division A
Decision of the Commission
Decision of the Commission
32.88(1) Upon review of an investigation report respecting a conduct complaint
prepared by a police oversight body, the Commission shall
(a) take no further action where the
Commission determines that there is insufficient evidence that the
member of a police force committed a breach of the code, or
(b) proceed to a settlement conference
where the Commission determines that there is sufficient evidence
that the member of a police force committed a breach of the code.
32.88(2) If the Commission decides to take no further action under paragraph
(1)(a), the Commission shall
give the member of a police force and the chief of police or the civic
authority, as the case may be, notice in writing of the decision.
Effect of decision to take no further action
32.89 If the Commission decides to take no further
action, no further action shall be taken against the member of a police
force and the conduct complaint shall not be entered in the service
record of discipline or personnel file of the member of a police force.
Division B
Settlement Conference
Notice of settlement conference
32.9(1) If the Commission decides to proceed to a settlement conference
under paragraph 32.88(1)(b), the Commission shall:
(a) serve a notice of settlement conference
on the member of a police force;
(b) provide the member of a police force
with a copy of the investigation report prepared by the police oversight
body;
(c) give the complainant notice in writing
of the settlement conference and invite the complainant to attend;
and
(d) give the chief of police or the civic authority, as
the case may be, notice in writing of the settlement conference.
32.9(2) The notice of settlement conference shall contain:
(a) a statement of the time and place
of the settlement conference;
(b) the particulars of the act or omission
that constitutes the alleged breach of the code;
(c) a statement setting out the purpose
of the settlement conference; and
(d) a statement that, if the member
of a police force does not attend the settlement conference, the Commission
shall serve a notice of arbitration hearing on the member of a police
force.
Purpose of settlement
conference
32.91 The purpose of a settlement conference
is to provide the member of a police force with an opportunity to
respond to the alleged breach of the code and to reach an agreement
with the Commission concerning disciplinary and corrective measures.
Parties to a settlement conference
32.92(1) The parties to a settlement conference are the member of a police
force and the Commission.
32.92(2) The complainant may attend and make representations at a settlement
conference.
Facilitator
32.93 The parties to a settlement conference
may appoint a facilitator to assist them in reaching a settlement.
Representative
32.94 The member of a police force may attend
a settlement conference with a representative who may act on his or
her behalf.
Support person
32.95(1) The complainant may be accompanied by a support person at a settlement
conference.
32.95(2) The support person may not make representations
on behalf of the complainant without the consent of the parties to
the settlement conference.
Statements
32.96 No answer given or statement made by the
complainant or the member of a police force in the course of a settlement
conference may be used in any disciplinary, administrative or civil
proceedings, other than a hearing or proceeding in respect of an allegation
that, with the intent to mislead, the complainant or the member of
a police force gave an answer or made a statement knowing it to be
false.
Settlement
32.97(1) If the parties to a settlement conference reach a settlement,
the parties shall sign a letter setting out the disciplinary and corrective
measures agreed to by the parties, and the Commission shall immediately
provide copies of the letter of settlement to the complainant, the
member of a police force, the chief of police or civic authority,
as the case may be, and the police oversight body.
32.97(2) The settlement is final and binding on the parties to the settlement
conference.
32.97(3) If, in the opinion of the Commission,
the parties to the settlement conference fail to reach a settlement
within a reasonable period of time, the Commission shall serve a notice
of arbitration hearing on the member of a police force and shall give
the chief of police or civic authority, as the case may be, notice
in writing of the arbitration hearing.
Division C
Arbitration
Parties to an arbitration hearing
32.98 The parties to an arbitration hearing are
the member of a police force and the Commission.
Decision of the arbitrator
32.99(1) If the arbitrator finds on a balance of probabilities that the
member of a police force is guilty of a breach of the code, the arbitrator
may impose any disciplinary or corrective measure prescribed by regulation.
32.99(2) When imposing disciplinary or corrective measures, an arbitrator
may have access to the service record of discipline of the member
of a police force.
32.99(3) Where the arbitrator finds that the member of a police force
is not guilty of a breach of the code, the arbitrator shall dismiss
the matter.
32.99(4) Where the arbitrator dismisses the
matter, no entry shall be made in the service record of discipline
or personnel file of the member of a police force.
32.99(5) The decision of the arbitrator is final and binding on the parties
to the arbitration hearing.
32.99(6) The arbitrator shall give the parties to the arbitration hearing
and the complainant notice in writing of his or her decision within
15 days after the completion of the arbitration hearing.
32.99(7) Upon receipt of the arbitrator’s decision, the Commission
shall provide the chief of police or civic authority, as the case
may be, and the police oversight body with a copy of the decision.
Arbitrator maintains jurisdiction
32.991 If the Commission serves a notice of arbitration
hearing under this Part and the arbitrator determines that the act
or omission that lead to the arbitration hearing would, if proved,
constitute unsatisfactory work performance, the arbitrator shall deal
with the matter as a matter of unsatisfactory work performance under
Part I.1.
5 Section 33 of the Act is amended
(a) in subsection
(1) by striking out “Part I.1 or III” and substituting “Part I.1, III or III.2”;
(b) in subsection
(2) by striking out “Parts I.1 and III” and substituting “Parts I.1, III and III.2”.
6 Section
33.01 of the Act is amended by striking out “Parts I.1 and III”
and substituting “Parts
I.1, III and III.2”.
7 Section 33.03 of the Act is amended by
striking out “Part III” and substituting “Part III or III.2”.
8 Section
33.06 of the Act is amended by striking out “Part I.1 or III”
and substituting “Part
I.1, III or III.2”.
9 Section 33.07 of the Act is amended by
striking out “Part I.1 or III” and substituting “Part I.1, III or III.2”.
10 Paragraph
33.1(f) of the Act is amended by striking out “Division C of
Part III” and substituting “Division C of Part III or Division
B of Part III.1”.
11 Section 38 of the Act is amended
(a) in paragraph
(h) by striking out “Part I.1 and III” and substituting “Parts I.1, III and III.2”;
(b) in paragraph
(i) by striking out “Parts I.1 and III” and substituting “Parts I.1, III, III.1 and
III.2”;
(c) in
paragraph (j) by striking out “sections 28.2 and 31.1”
and substituting “sections
28.2, 31.1 and 32.87”.
Commencement
12 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation