Bill 94 - An Act to Amend An Act to Amend the Police Act

BILL 94

An Act to Amend 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1 Section 2 of An Act to Amend the Police Act, chapter 46 of the Acts of New Brunswick, 2021, is repealed and the following is substituted:

2 The Act is amended by adding after section 24 the following:

PART II.1

SERIOUS INCIDENT INVESTIGATIONS

Definitions

24.1 The following definitions apply in this Part.

“chief officer” means a chief of police or the Commanding Officer of the “J” Division of the Royal Canadian Mounted Police. (agent en chef)

“disciplinary authority” means a person or entity who, at the time of a serious incident, has the power to deal with disciplinary matters relating to the subject officer. (autorité disciplinaire)

“intimate partner violence” means intimate partner violence as defined in the Intimate Partner Violence Intervention Act. (violence entre partenaires intimes)

“investigative body” means an entity that has the power to investigate a serious incident and includes the head of the investigative body, investigators and other employees of the investigative body. (organisme d’enquête)

“officer” means a member of a police force or a member of the Royal Canadian Mounted Police. (agent)

“police agency” means a police force or the “J” Division of the Royal Canadian Mounted Police. (service de police)

“serious incident” means any death, serious injury, sexual assault or act of intimate partner violence that may have resulted from the actions of a subject officer or any other matter involving a subject officer that is determined to be in the public interest to be investigated. (incident grave)

“subject officer” means any of the following persons who is the subject of an investigation of a serious incident or whose actions may have resulted in a serious incident: (agent impliqué)

(a) an officer;

(b) an auxiliary police constable; or

Agreements respecting investigations

24.2( 1) The Minister may enter into an agreement with any of the following persons or entities for the purpose of ensuring that an investigative body conducts investigations of serious incidents:

(a) the Government of Canada or any of its agencies;

(b) the government of another province or territory of Canada or an agency of that government;

(d) any civic authority, regional policing authority, police force, person or other entity in the Province.

24.2( 2) The Minister may enter into an agreement with any of the following persons or entities to provide assistance to the investigative body in conducting investigations of serious incidents:

(a) the Government of Canada or any of its agencies;

(b) the government of another province or territory of Canada or an agency of that government;

(d) any civic authority, regional policing authority, police force, person or other entity in the Province.

Assistance

24.3( 1) The Minister may direct that a chief officer make available officers or other resources to assist in an investigation of a serious incident, in which case the chief officer shall select officers for that purpose and notify the head of the investigative body.

24.3( 2) On consultation with the chief officer, the head of the investigative body may assign officers selected under subsection (1) to the investigation and, after they are assigned, they are under the sole command and direction of,

(a) with respect to an investigation conducted under paragraph 24.6(a), the head of the investigative body, and

(b) with respect to an investigation referred to a police agency and conducted by the police agency under paragraph 24.6(b), the officer in charge of the investigation.

24.3( 3) If the officer assigned by the head of the investigative body under this section is a member of the same police agency as the subject officer, the officer shall not act as a team commander or lead investigator in the investigation.

Powers as peace officer

24.4 In carrying out an investigation of a serious incident, the head of the investigative body and any investigator who is not an officer has all the powers, authority, privileges, rights and immunities of a peace officer and constable in and for the Province.

Notifying head of investigative body of serious incident

24.5( 1) A chief officer who has reason to believe that a serious incident may have occurred shall, as soon as the circumstances permit, notify the head of the investigative body and shall submit to the head of the investigative body a notification report, in the form and manner determined by the head of the investigative body within the time prescribed by regulation.

24.5( 2) If the Minister has reason to believe that a serious incident may have occurred, the Minister may notify the head of the investigative body.

24.5( 3) Any other person who has reason to believe that a serious incident may have occurred may notify the head of the investigative body in the manner required by the head of the investigative body.

Investigations

24.6 On notification of a serious incident under section 24.5 or otherwise becoming aware that a serious incident has occurred, the head of the investigative body may

(a) arrange for the investigative body to conduct an investigation of the serious incident, which may include taking over an ongoing investigation at any stage,

(b) refer the investigation of the serious incident to a police agency, which may include taking over an ongoing investigation at any stage,

(c) on consultation with the relevant chief officer, assign any officer selected under subsection 24.3(1) to assist the investigative body or a police agency in the investigation of the serious incident,

(d) enter into an agreement to have an investigative unit, police force, person or other entity in another province or territory of Canada conduct an investigation of the serious incident,

(e) direct that the investigative body oversee, observe, monitor or review an investigation conducted under paragraph (b) or (d),

(f) appoint an observer or community liaison officer to work with the investigative body, police agency or investigative unit, police force, person or other entity in another province or territory of Canada that conducts the investigation of the serious incident,

(g) file a conduct complaint with the chair of the Commission or with the appropriate chief of police or deputy chief of police,

(h) refer the matter under the complaints process in Part 7 of the Royal Canadian Mounted Police Act (Canada), or

(i) determine that the matter is not within the mandate of the investigative body.

Investigation file

24.7( 1) On the conclusion of an investigation conducted under paragraph 24.6(b) or (d), or at the request of the head of the investigative body, the investigation file shall be provided to the head of the investigative body in the form and manner determined by the head of the investigative body.

24.7( 2) The head of the investigative body shall provide the investigation file of an investigation conducted under paragraph 24.6(a), (b) or (d) to the relevant disciplinary authority.

Summary of investigation

24.8( 1) The head of the investigative body shall, within the time prescribed by regulation, provide to the Minister and the relevant disciplinary authority a summary of an investigation conducted under paragraph 24.6(a), (b) or (d) containing the information prescribed by regulation.

24.8( 2) The head of the investigative body or the Minister shall make the summary of the investigation available to the public in the manner determined by the Minister within the time prescribed by regulation.

Annual report

24.9 The Minister shall ensure that an annual report containing the following information is made available to the public in the manner determined by the Minister:

(a) the number of investigations started and concluded in the year;

(b) the nature of each investigation;

(d) the number of charges laid against subject officers in the year;

(e) any financial or administrative information that the Minister considers appropriate; and

(f) any other information prescribed by regulation.

2 Section 3 of the Act is repealed and the following is substituted:

3 Section 38 of the Act is amended by adding after paragraph (v) the following:

(v.1) respecting investigations of serious incidents under Part II.1, including

( i) prescribing the time in which a notification report shall be submitted to the head of the investigative body,

( ii) prescribing the information that a summary of an investigation shall contain,

( iii) prescribing the time in which a summary shall be provided to the Minister and the relevant disciplinary authority,

( iv) prescribing the time in which a summary shall be made available to the public,

( v) prescribing any other information that an annual report shall contain;

(v.2) respecting the confidentiality of documents concerning investigations of serious incidents under Part II.1 and the disclosure of information contained in the documents;

(v.3) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;