Bill 14 - An Act to Amend the Police Act

BILL 14

An Act to Amend the Police Act

His 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 “representative” and substituting the following:

“representative” means (représentant)

(a) when used in relation to a member of a police force,

( i) a lawyer who is a member of the Law Society of New Brunswick entitled to practise law in the courts of the Province,

( ii) the president of the police officer’s local trade union or the president’s designate,

( iii) if the member of a police force is not a member of a local trade union, another member of a police force designated by the member to represent the member, or

( iv) any other person designated by the member of a police force to represent the member, and

(b) when used in relation to a special constable,

( i) the president of the special constable’s local trade union or the president’s designate,

( ii) if the special constable is not a member of a local trade union, another special constable designated by the special constable to represent the special constable, or

( iii) any other person designated by the special constable to represent the special constable;

(b) in paragraph (a) of the definition “conduct complaint” by striking out “member of a police force” and substituting “member of a police force or special constable”;

(c) in the definition “personnel file” by striking out “member of a police force” and substituting “member of a police force or special constable”;

(d) by adding the following definitions in alphabetical order:

“Executive Director” means the Executive Director appointed under subsection 14.01(1) and includes the Executive Director’s delegate; (directeur général)

“special constable” means a person appointed under subsection 14.1(1) and, unless the context otherwise requires, includes the Executive Director; (constable spécial)

2 The heading “Certificate prima facie proof” preceding section 2.1 of the Act is repealed and the following is substituted:

Certificate

3 Section 2.1 of the Act is amended

(a) in subsection (1) by striking out “and is prima facie proof of the facts stated therein” and substituting “and is proof, in the absence of evidence to the contrary, of the facts stated in the certificate”;

(b) in subsection (2) by striking out “and is prima facie proof of the facts stated therein” and substituting “and is proof, in the absence of evidence to the contrary, of the facts stated in the certificate”;

2.1( 3) A certificate purporting to be issued and signed by the Minister to the effect that the person to whom it is issued is a special constable appointed under this Act is, without proof of the Minister’s appointment, authority or signature, admissible in evidence and is proof, in the absence of evidence to the contrary, of the facts stated in the certificate.

4 The heading “Provision of police force, violation of provincial law by police officer” preceding section 3 of the Act is repealed and the following is substituted:

Provision of police force and violation of provincial law by police officer or special constable

5 Subsection 3(4) of the Act is amended in the portion preceding paragraph (a) by striking out “A member of the Royal Canadian Mounted Police or a police officer” and substituting “A member of the Royal Canadian Mounted Police, a police officer or a special constable”.

6 Section 7 of the Act is amended by adding after subsection (6.1) the following:

7( 6.11) Despite the expiry of the ten-year period referred to in subsection (6.1), but subject to subsections (6.01) and (9), a member of a board appointed under paragraph (4)(a) or (c) remains in office until the member resigns or is replaced, even if the member’s term of office referred to in subsection (6) has expired.

7 The heading “Court liaison officers” preceding section 13.1 of the Act is repealed and the following is substituted:

Court liaison officers supporting police officers or members of the Royal Canadian Mounted Police

8 The Act is amended by adding after section 13.1 the following:

Court liaison officers supporting special constables

13.11( 1) For the purposes of this section, a “court liaison officer” means a person who performs an administrative function to support special constables in their work with the courts, including swearing to an information before a judge of the provincial court.

13.11( 2) The Executive Director may appoint a person employed under the Minister, other than a special constable, as a court liaison officer.

13.11( 3) A court liaison officer has the powers and immunities of a special constable only for the purpose of performing their function as a court liaison officer.

9 The Act is amended by adding after section 14 the following:

Executive Director

14.01( 1) The Minister may appoint a special constable as an Executive Director.

14.01( 2) The appointment of the Executive Director shall

(a) be in writing, and

(b) specify the responsibilities and powers of the Executive Director.

14.01( 3) The Executive Director may delegate in writing to any person any of the responsibilities or powers of the Executive Director under this Act, except the power of delegation.

14.01( 4) The employer of the Executive Director is responsible for

(a) the discipline of the Executive Director, and

(b) ensuring that the Executive Director discharges the responsibilities and exercises the powers of the Executive Director in a proper manner.

10 Section 17.05 of the Act is amended by adding after subsection (5) the following:

17.05( 5.1) Despite the expiry of the ten-year period referred to in subsection (5), but subject to subsections (4.1) and (8), a member of a regional policing authority remains in office until the member resigns or is replaced, even if the member’s term of office referred to in subsection (4) has expired.

11 Section 17.2 of the Act is amended by adding after subsection (5.1) the following:

17.2( 5.11) Despite the expiry of the ten-year period referred to in subsection (5.1), but subject to subsections (5.01) and (8), a member of a joint board referred to in subparagraph 17.1(2)(d)(i) or (ii) remains in office until the member resigns or is replaced, even if the member’s term of office referred to in subsection (5) has expired.

12 The heading “Investigation of police matters by Commission” preceding section 22 of the Act is repealed and the following is substituted:

Investigation by Commission

13 Section 22 of the Act is amended

(a) by adding after subsection (1) the following:

22( 1.1) Subject to Part III, if a person has a complaint relating to any aspect of the responsibilities or powers of a special constable, the person may state their complaint in writing to the chair of the Commission.

(b) by adding after subsection (2) the following:

22( 2.1) The Commission may refer any complaint received under subsection (1.1) to the Executive Director.

22( 3.1) If the Executive Director receives a referral of a complaint under subsection (2.1), the Executive Director shall investigate the complaint and shall report to the Commission the results of the investigation, or if the complaint is not investigated, the reason for failure to do so.

(d) by adding after subsection (4) the following:

22( 4.01) At the direction of the Minister, the Commission shall investigate a matter relating to any aspect of the responsibilities or powers of a special constable and may conduct the investigation

(a) on its own motion, with the approval of the Minister,

(b) on the request of the Executive Director, or

(e) in subsection (4.1) by striking out “paragraph (4)(a)” and substituting “paragraph (4)(a) or (4.01)(a)”;

(f) in subsection (9) by striking out “paragraph (4)(a)” and substituting “paragraph (4)(a) or (4.01)(a)”;

(g) by adding after subsection (10) the following:

22( 10.1) If the Commission undertakes an investigation under paragraph (4.01)(b), it shall file a report with the Executive Director on the conclusion of the investigation and a hearing, if any.

14 Subsection 22.1(3) of the Act is amended by striking out “member of a police force” and substituting “member of a police force or special constable”.

15 Section 24.1 of the Act is amended

(a) by repealing the definition “chief officer” and substituting the following:

“chief officer” means a chief of police, the Commanding Officer of the “J” Division of the Royal Canadian Mounted Police or the Executive Director, as the case may be. (agent en chef)

(b) by repealing the definition “officer” and substituting the following:

“officer” means a member of the police force, a member of the Royal Canadian Mounted Police or a special constable, as the case may be. (agent)

16 Paragraph 24.6(g) of the Act is amended by striking out “with the chair of the Commission or with the appropriate chief of police or deputy chief of police” and substituting “with the chair of the Commission or with the appropriate chief of police, deputy chief of police or civic authority or the Executive Director, as the case may be”.

17 Subsection 24.7(2) of the Act is amended by striking out “to the relevant disciplinary authority” and substituting “to the relevant disciplinary authority and to the Commission”.

18 Section 25 of the Act is amended

(a) in subsection (2) by striking out “conduct complaint” and “appropriate chief of police or deputy chief of police” and substituting “conduct complaint concerning a member of a police force” and substituting “appropriate chief of police, deputy chief of police or civic authority”, respectively;

(b) by adding after subsection (2) the following:

25( 2.1) A person shall file a conduct complaint concerning a special constable, other than the Executive Director, in writing with the chair of the Commission or with the Executive Director.

25( 2.2) A person shall file a conduct complaint concerning the Executive Director in writing with the chair of the Commission or the Minister.

25( 2.3) A service or policy complaint or a conduct complaint shall be made on a form provided by the Commission, but any deviation from that form not affecting the substance nor calculated to mislead will not invalidate the form used.

(c) in subsection (3) by striking out “chief of police, civic authority or Commission, as the case may be” and substituting “chief of police, civic authority, Executive Director, Minister or Commission, as the case may be”;

(d) in subsection (4) by striking out “chief of police or civic authority, the chief of police or civic authority” and substituting “chief of police, civic authority, Executive Director or Minister, the chief of police, civic authority, Executive Director or Minister”.

19 Section 25.1 of the Act is amended

(a) by adding after subsection (3) the following:

25.1( 3.1) The Executive Director shall commence an examination into the conduct of a special constable where no conduct complaint is filed, within one year after the day on which Executive Director becomes aware of the alleged breach of the code.

25.1( 3.2) The Minister shall commence an examination into the conduct of the Executive Director where no conduct complaint is filed, within one year after the day on which the Minister becomes aware of the alleged breach of the code.

(b) by repealing subsection (4) and substituting the following:

25.1( 4) Within 120 days after the filing of a conduct complaint, the chief of police, civic authority, Executive Director, Minister, special constable or police officer, as the case may be, may request to the Commission in writing a settlement conference, and the Commission shall notify the chief of police, civic authority, Executive Director, Minister, special constable and police officer, as the case may be, and the complainant of the request within ten days after receiving the request.

(c) in subsection (4.1) by striking out “section 28.9 or 31.8, as the case may be” and “the chief of police or the civic authority, as the case may be” and substituting “section 28.9, 29.571, 31.8 or 32.471, as the case may be” and “the chief of police, civic authority, Executive Director or Minister, as the case may be”, respectively.

20 Section 25.2 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “chief of police, civic authority or Commission” and substituting “chief of police, civic authority, Executive Director, Minister or Commission”;

(b) in subsection (2) by striking out “chief of police or civic authority” and substituting “chief of police, civic authority, Executive Director or Minister”;

(c) in subsection (4) by striking out “member of a police force” and substituting “member of a police force or special constable”;

(d) in subsection (5) by striking out “chief of police or civic authority” wherever it appears and substituting “chief of police, civic authority, Executive Director or Minister”;

(e) in subsection (5.1) by striking out “member of a police force” and substituting “member of a police force or special constable”.

21 Subsection 25.3(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “a chief of police or civic authority” and substituting “a chief of police, a civic authority, the Executive Director or the Minister”;

(b) in paragraph (a) by striking out “chief of police or civic authority, as the case may be” and substituting “chief of police, civic authority, Executive Director or Minister, as the case may be”;

(c) in paragraph (b) by striking out “chief of police or civic authority, as the case may be” and substituting “chief of police, civic authority, Executive Director or Minister, as the case may be”.

22 Section 25.4 of the Act is amended

(a) in subsection (1) by striking “chief of police, civic authority or Commission, as the case may be” and substituting “chief of police, civic authority, Executive Director, Minister or Commission, as the case may be”;

(b) by adding after subsection (3) the following:

25.4( 3.1) If the notice of withdrawal is filed with the Executive Director, the Executive Director shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and to the affected special constable.

25.4( 3.2) If the notice of withdrawal is filed with the Minister, the Minister shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and to the Executive Director.

(c) in subsection (4) by striking out “to the appropriate chief of police or civic authority and, if the complaint concerns the conduct of a member of a police force, to the affected member of a police force” and substituting “to the appropriate chief of police or civic authority, to the Executive Director or to the Minister, as the case may be, and, if the complaint concerns the conduct of a member of a police force or special constable, to the affected member of the police force or to the affected special constable”;

(d) by adding after subsection (5) the following:

25.4( 5.1) Despite subsections (3.1) and (4), if the notice of withdrawal of a conduct complaint is filed before the affected special constable has been notified of the substance of the conduct complaint under subsection 29.531(1), the Executive Director or Commission, as the case may be, may, in the discretion of the Executive Director or Commission, decide not to provide a copy of the notice of withdrawal to the special constable.

25.4( 5.2) Despite subsections (3.2) and (4), if the notice of withdrawal of a conduct complaint is filed before the Executive Director has been notified of the substance of the conduct complaint under subsection 32.432(1), the Minister or Commission, as the case may be, may, in the discretion of the Minister or Commission, decide not to provide a copy of the notice of withdrawal to the Executive Director.

(e) in subsection (6)

( i) in paragraph (a)

( A) in subparagraph (i) of the English version by striking out “or” at the end of the subparagraph;

( B) in subparagraph (ii) of the French version by striking out the semicolon at the end of the subparagraph and substituting a comma;

( C) by adding after subparagraph (ii) the following:

( iii) order the Executive Director to process the complaint under Subdivision b.1 of Division C, or

( iv) order the Minister to process the complaint under Subdivision c.1 of Division C,

( ii) in paragraph (b) of the English version by striking out “or” at the end of the paragraph;

( iii) by adding after paragraph (b) the following:

(b.1) the Executive Director may, on the Executive Director’s own motion, process the complaint under Subdivision b.1 of Division C,

( iv) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

( v) by adding after paragraph (c) the following:

(d) the Minster may, on the Minister’s own motion, process the complaint under Subdivision c.1 of Division C.

(f) in subsection (7) by striking out “subsection (6)” and substituting “subparagraph (6)(a)(i) or (ii) or paragraph (6)(b) or (c)”;

(g) by adding after subsection (7) the following:

25.4( 8) The Executive Director or Commission, as the case may be, may give the complainant notice in writing of the decision under subparagraph (6)(a)(i) or (iii) or paragraph (6)(b.1) and shall give the affected special constable notice in writing of the decision.

25.4( 9) The Minister or Commission, as the case may be, may give the complainant notice in writing of the decision under subparagraph (6)(a)(i) or (iv) or paragraph (6)(d) and shall give the Executive Director notice in writing of the decision.

23 Section 25.7 of the Act is amended by striking out “member of a police force” and substituting “member of a police force or special constable”.

24 Section 26.1 of the Act is amended

(a) in subsection (1) by striking out “a chief of police or civic authority” and substituting “a chief of police, a civic authority or the Executive Director”;

(b) in subsection (2) by striking out “a chief of police or civic authority” wherever it appears and substituting “a chief of police, a civic authority or the Executive Director”;

(c) in subsection (3) by striking out “a chief of police or civic authority” wherever it appears and substituting “a chief of police, a civic authority or the Executive Director”.

25 Paragraph 26.3(d) of the Act is amended by striking out “chief of police, civic authority or Commission, as the case may be” and substituting “chief of police, civic authority, Executive Director, Minister or Commission, as the case may be”.

26 Section 26.4 of the Act is amended

(a) in subsection (1) by striking out “every member of a police force, including an auxiliary police officer,” and substituting “every member of a police force, including an auxiliary police officer, and every special constable”;

(b) in subsection (2)

( i) in paragraph (a) by striking out “member of the police force” and substituting “member of the police force or special constable”;

( ii) in paragraph (b) by striking out “member of a police force” and substituting “member of a police force or of the special constable”.

27 The Act is amended by adding after section 27.4 the following:

Summary dismissal by Commission of a conduct complaint

27.41( 1) The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission,

(a) the complaint or part of the complaint is without merit,

(b) the complaint or part of the complaint is frivolous, vexatious or not made in good faith, or

27.41( 2) If the Commission decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Commission shall give the complainant and the chief of police notice in writing of the decision, including the reasons for the decision.

28 The heading “Summary dismissal of a conduct complaint” preceding section 27.5 of the Act is repealed and the following is substituted:

Summary dismissal by the chief of police of a conduct complaint

29 The heading “Review of summary dismissal” preceding section 27.6 of the Act is repealed and the following is substituted:

Review by Commission of summary dismissal

30 Section 28.1 of the Act is amended

(a) in paragraph (1)(b) by striking out “a member of another police force” and substituting “a member of another police force or a special constable”;

(b) in paragraph (2)(a) by striking out “a member of another police force” and substituting “a member of another police force or a special constable”;

(c) in subsection (3) by striking out “a police officer of another police force” and substituting “a police officer of another police force or a special constable”.

31 The Act is amended by adding after section 29.51 the following:

Subdivision b.1

Complaints Concerning the Conduct of a Special Constable

Temporary reassignment and suspension

29.52( 1) Despite any other provision of this Act, the Executive Director may reassign or suspend a special constable, pending the completion of the processing of a conduct complaint, if the Executive Director has reason to believe that the special constable has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the Executive Director determines that there is no reasonable alternative and if one of the following conditions has been met:

(a) reassignment or suspension is required to protect a special constable or other person;

(b) failure to reassign or suspend the special constable is likely to bring the reputation of the Crown in right of the Province into disrepute;

(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the Crown in right of the Province; or

(d) there are reasonable grounds to believe that the special constable is incapable of carrying out their regular duties.

29.52( 2) If conditions have materially changed in the opinion of the Executive Director, the Executive Director may

(a) terminate the suspension of a special constable, or

(b) act under subsection (1) more than once during the processing of a conduct complaint.

29.52( 3) A special constable referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the special constable shall be suspended without pay.

29.52( 4) The maximum number of days for which a special constable may be paid applies to the cumulative number of days for which the special constable is suspended during the processing of a conduct complaint.

Suspension without pay

29.521( 1) Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, with regard to a special constable who pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,

(a) the Executive Director may suspend without pay the special constable, even if the finding or sentence is under appeal, and

(b) if the special constable is suspended at the time of pleading guilty or being found guilty, the special constable shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.

29.521( 2) If a special constable is acquitted following an appeal, the special constable shall receive all of the pay, remuneration, benefits and seniority to which the special constable would have been entitled but for the suspension.

29.521( 3) After the conclusion of proceedings taken under this Part, the special constable shall receive all the pay, remuneration, benefits and seniority to which the special constable would have been entitled but for the suspension less any pay, remuneration, benefits or seniority the special constable is not entitled to as a result of a corrective and disciplinary measure imposed by an arbitrator or agreed to by the parties to a settlement conference.

29.521( 4) Subsection (3) does not apply if the special constable is dismissed.

Prohibition during suspension

29.522( 1) A special constable shall not during a period of suspension

(a) discharge the responsibilities or exercise the powers of a special constable, or

(b) use the equipment or wear or display the uniform or insignia of a special constable unless required to do so for a court appearance or by the Executive Director.

29.522( 2) A special constable who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

Examination if no conduct complaint is filed

29.523 The Executive Director may, on the Executive Director’s own motion, and shall, on the request of the Commission, examine the conduct of a special constable, whether or not a conduct complaint is filed.

Suspension of the processing of a conduct complaint

29.524( 1) Despite any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of the Executive Director, suspend the processing of a conduct complaint under this Subdivision if the processing will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.

29.524( 2) If the Commission suspends the processing of a conduct complaint, the period during which the processing is suspended shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a special constable may be paid.

Who processes a conduct complaint

29.53 If the Commission characterizes a complaint as a complaint concerning the conduct of a special constable or reviews the decision the Executive Director on characterization and determines that the complaint concerns the conduct of a special constable, the Commission shall immediately refer the conduct complaint to the Executive Director to process the complaint.

Notification of the special constable

29.531( 1) The Executive Director shall give the special constable notice in writing of the substance of the conduct complaint immediately after the Executive Director receives the conduct complaint under section 29.53.

29.531( 2) Despite subsection (1) and subject to subsection (4), the Executive Director may withhold notification of the special constable if the Executive Director determines that notification may jeopardize the processing of the conduct complaint.

29.531( 3) If the Executive Director decides to withhold notification under subsection (2), the Executive Director shall immediately give the Commission notice in writing of the decision.

29.531( 4) The Commission may order the Executive Director to give the special constable notice in writing of the substance of the conduct complaint, and the Executive Director shall comply immediately with the order.

Summary dismissal by the Commission of a conduct complaint

29.532( 1) The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission,

(a) the complaint or part of the complaint is without merit,

(b) the complaint or part of the complaint is frivolous, vexatious or not made in good faith, or

29.532( 2) If the Commission decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Commission shall give the complainant and the Executive Director notice in writing of the decision, including the reasons for the decision.

Summary dismissal by the Executive Director of a conduct complaint

29.533( 1) The Executive Director may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Executive Director, the complaint or part of the complaint is frivolous, vexatious or not made in good faith.

29.533( 2) If the Executive Director decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Executive Director shall give the complainant and the Commission notice in writing of the decision, including the reasons for the decision.

Review of summary dismissal

29.54( 1) The Commission shall review the decision of the Executive Director to summarily dismiss the conduct complaint under subsection 29.533(1) and shall

(a) confirm the decision and give the Executive Director notice in writing of its decision, or

(b) rescind the decision, order the Executive Director to proceed with processing the conduct complaint and give the complainant and the special constable notice in writing of its decision.

29.54( 2) If the Executive Director receives new information relating to a conduct complaint that has been summarily dismissed, the Executive Director shall immediately forward the information to the Commission, and if, in the opinion of the Commission, the information requires the matter to be reviewed, the Commission may order the Executive Director to proceed with processing the conduct complaint.

29.54( 3) If the Commission orders the Executive Director to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a special constable may be paid.

29.54( 4) On receiving new information and ordering the Executive Director to process a conduct complaint under subsection (2), the Commission shall give the Executive Director, complainant and affected special constable notice in writing of the nature of the new information and the reasons for the order to proceed with processing the conduct complaint.

Informal resolution

29.541( 1) Subject to section 29.533, if the Commission refers a conduct complaint to the Executive Director to process the complaint, the Executive Director shall determine whether the conduct complaint can be resolved informally.

29.541( 2) If the Executive Director decides to attempt to resolve the conduct complaint informally, the Executive Director shall give the complainant and the special constable notice in writing of the decision to attempt to resolve the complaint informally.

29.541( 3) If a complaint is resolved informally,

(a) the details of the results of the informal resolution shall be set out in writing, and

(b) the Executive Director shall give the complainant and the Commission notice in writing of the results of the informal resolution.

29.541( 4) Within 14 days after receiving the results of the informal resolution under paragraph (3)( b), the complainant may request the Commission to review the results of the informal resolution.

29.541( 5) A conduct complaint that is resolved by informal resolution shall not be entered in a service record of discipline or personnel file of a special constable.

Statements

29.542( 1) No answer given or statement made by a complainant or a special constable in the course of attempting to resolve a conduct complaint informally 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 special constable gave an answer or made a statement knowing it to be false.

29.542( 2) Without limiting subsection (1), an apology by the special constable shall not be admitted into evidence or construed as an admission of guilt at any subsequent civil or administrative proceeding or in any subsequent proceeding under this Act.

Review of the results of informal resolution

29.543( 1) The Commission may, on its own motion, and shall, on the request of the complainant, review the results of the informal resolution under subsection 29.541(3) and shall

(a) confirm the results of the informal resolution and give the complainant, special constable and Executive Director notice in writing of its decision, or

(b) rescind the results of the informal resolution and order the Executive Director to proceed with processing the conduct complaint.

29.543( 2) If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a special constable may be paid.

Investigation

29.55( 1) The Executive Director shall proceed with an investigation into a conduct complaint if

(a) the Executive Director and the special constable fail to achieve consensus on an informal resolution,

(b) the Executive Director determines that an attempt to resolve the complaint informally is inappropriate, or

29.55( 2) If the Executive Director proceeds with an investigation under subsection (1), the Executive Director shall give the complainant and the special constable notice of this in writing.

29.55( 3) The Executive Director shall give the Commission notice in writing of the decision of the Executive Director to proceed with an investigation under paragraph (1)( a) or ( b).

29.55( 4) An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.

Appointment of investigator

29.551( 1) If the Executive Director conducts an investigation into a conduct complaint, the Executive Director shall, within 30 days after the filing of the complaint,

(a) appoint as an investigator a member of a police force or a special constable who is of a higher rank than the special constable being investigated, or

(b) appoint an investigator from the list established and maintained under section 26.2.

29.551( 2) Despite subsection (1), the Executive Director shall, if the Executive Director determines an external investigation is necessary in order to preserve public confidence in the complaint process or, if the Commission orders it,

(a) appoint as an investigator a member of a police force who is of a higher rank than the special constable being investigated, or

(b) appoint an investigator from the list established and maintained under section 26.2.

29.551( 3) If the Commission processes a conduct complaint or takes over from the Executive Director the processing of a conduct complaint under section 26.1, it shall, within 30 days after the filing of the complaint, appoint as an investigator a police officer who is of a higher rank than the special constable being investigated, or, within 30 days after the filing of the complaint, appoint an investigator from the list it establishes and maintains under section 26.2.

Investigation report

29.552( 1) Within 60 days after the appointment of an investigator, the investigator shall provide the Executive Director with the full details of the investigation, including

(a) a summary of the investigator’s findings and conclusions,

(b) a true copy of the investigation report,

(d) a true copy of documents removed, and

(e) a list of physical objects removed.

29.552( 2) On receipt of the documents listed under subsection (1), the Executive Director shall

(a) provide a copy of the documents to the Commission, or, if the Commission agrees, make the documents available for viewing during normal business hours, and

(b) provide a summary of the investigator’s findings and conclusions to the special constable and the complainant.

New investigation

29.553( 1) If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within ten days after the date the details of the investigation are received by the Executive Director,

(a) a new investigation, or

(b) specific steps to be taken by the investigator within the periods determined by the Commission.

29.553( 2) A new investigation under paragraph (1)(a) shall be conducted by the Executive Director unless the Commission orders that it be conducted by a chief of police instead, in which case the Executive Director’s responsibilities and powers under this Subdivision in relation to such an investigation and the making of the decision arising from the investigation shall then be carried out by the chief of police, and the relevant provisions of this Subdivision apply with the necessary modifications.

29.553( 3) If the Commission orders a new investigation, the Executive Director shall appoint an investigator in accordance with section 29.551.

29.553( 4) The investigator shall provide the Executive Director with the details of the investigation referred to in subsection 29.552(1) within 30 days after the appointment of the investigator, and, on receipt of the documents, the Executive Director shall provide the items referred to in subsection 29.552(2) to the Commission, the special constable and the complainant.

29.553( 5) Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the special constable or the Executive Director may request to the Commission in writing a settlement conference within ten days after the Executive Director receives the details of the investigation under subsection (4).

Decision of the Executive Director

29.56( 1) On review of the investigation report, the Executive Director shall

(a) take no further action if the Executive Director determines that there is insufficient evidence that the special constable committed a breach of the code, or

(b) continue with processing the conduct complaint if there is sufficient evidence that the special constable committed a breach of the code.

29.56( 2) If the Executive Director decides not to take further action under paragraph (1)(a), the Executive Director shall give the special constable, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.

Review of decision to take no further action

29.561 The Commission may, on its own motion, and shall, on the request of the complainant, within 14 days after receiving notice under subsection 29.56(2), review the decision of the Executive Director to take no further action under paragraph 29.56(1)( a) and shall

(a) confirm the decision and give the complainant, special constable and Executive Director notice in writing of its decision, or

(b) rescind the decision and order the Executive Director to continue with processing the conduct complaint.

Effect of decision to take no further action

29.562 If the Executive Director decides to take no further action or if the Commission confirms the decision of the Executive Director to take no further action, no further action shall be taken against the special constable and the conduct complaint shall not be entered in the service record of discipline or personnel file of the special constable.

Notice of settlement conference

29.563( 1) If the parties agree to proceed to a settlement conference, the Executive Director shall perform the following duties:

(a) serve a notice of settlement conference on the special constable;

(b) provide the special constable with a copy of the documents listed in subsection 29.552(1) and access to physical objects removed; and

( i) of the settlement conference, and

( ii) of their right to attend the settlement conference and to make representations orally or in writing.

29.563( 2) The notice of settlement conference shall contain:

(a) a statement of the time and place of the settlement conference and whether the settlement conference will be held in person, by telephone or by video conference;

(b) the particulars of the act or omission that constitutes the alleged breach of the code;

(d) a statement that, if the special constable does not attend the settlement conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed, the Executive Director shall serve a notice of arbitration hearing on the special constable.

29.563( 3) The special constable shall advise the Executive Director as to whether they will attend the settlement conference within seven days after receiving the notice of settlement conference.

29.563( 4) Despite paragraph (2)(d) and subsection (3), if the special constable wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the special constable may advise the Executive Director within seven days after receiving the notice of settlement conference.

29.563( 5) If the special constable advises the Executive Director under subsection (4), the Executive Director shall choose a mutually convenient time which is no more than 90 days after the special constable receives the notice of settlement conference or within a longer period if agreed to by the special constable and the Executive Director.

Purpose of settlement conference

29.57 The purpose of a settlement conference is to provide the special constable with an opportunity to respond to the alleged breach of the code and to reach an agreement with the Executive Director concerning corrective and disciplinary measures.

Parties to a settlement conference

29.571( 1) The parties to a settlement conference are the special constable and the Executive Director.

29.571( 2) The complainant may attend and make representations at a settlement conference.

Facilitator

29.572 The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement.

Representative

29.573 The special constable or the Executive Director may attend a settlement conference with a representative who may act on behalf of the special constable or the Executive Director, as the case may be.

Support person

29.58( 1) The complainant may be accompanied by a support person at a settlement conference.

29.58( 2) The support person may not make representations on behalf of the complainant without the consent of the parties.

Statements

29.581 No answer given or statement made by the complainant or the special constable 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 special constable gave an answer or made a statement knowing it to be false.

Settlement

29.582( 1) If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the corrective and disciplinary measures agreed to by the parties, and the Executive Director shall immediately serve the letter of settlement on the Commission and provide copies of the letter of settlement to the complainant and special constable.

29.582( 2) The corrective and disciplinary measures agreed to by the parties under subsection (1) shall be stayed for a period of 30 days after the date that the Executive Director serves the letter of settlement on the Commission.

29.582( 3) Subject to section 29.583, the settlement is final and binding on the parties.

Review of settlement

29.583( 1) Within 14 days after receiving the letter of settlement under subsection 29.582(1), the complainant may request the Commission to review the settlement.

29.583( 2) The Commission may, on its own motion, and shall, on the request of the complainant, review a settlement under subsection 29.582(1) and shall

(a) confirm the settlement and give the complainant, Executive Director and special constable notice in writing of its decision, or

(b) within 30 days after the Executive Director serves the letter of settlement on the Commission, rescind the settlement if, in the opinion of the Commission, the settlement does not comply with the principles of discipline and correction specified in the regulations, and shall

( i) serve notice on the Executive Director and the special constable of a settlement with recommendations, or

( ii) serve a notice of arbitration hearing on the Executive Director and the special constable and give the complainant notice in writing of the arbitration hearing.

29.583( 3) If the Executive Director and the special constable receive notice under subparagraph (2)(b)(i), they may accept the settlement with recommendations within ten days after receiving the notice.

29.583( 4) If the Executive Director or the special constable does not accept the settlement with recommendations within ten days after receiving the notice, the Executive Director shall serve a notice of arbitration hearing on the special constable and give the complainant notice in writing of the arbitration hearing.

Notice of arbitration hearing

29.59( 1) The Executive Director may serve a notice of arbitration hearing on the special constable at any time during the processing of a conduct complaint under this Subdivision.

29.59( 2) The Executive Director shall serve a notice of arbitration hearing on the special constable if a conduct complaint under this Subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.

32 The Act is amended by adding after section 30.3 the following:

Summary dismissal by Commission of a conduct complaint

30.31( 1) The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission,

(a) the complaint or part of the complaint is without merit,

(b) the complaint or part of the complaint is frivolous, vexatious or not made in good faith, or

30.31( 2) If the Commission decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Commission shall give the complainant and the civic authority notice in writing of the decision, including the reasons for the decision.

33 The heading “Summary dismissal of a conduct complaint” preceding section 30.4 of the Act is repealed and the following is substituted:

Summary dismissal by the civic authority of a conduct complaint

34 The heading “Review of summary dismissal” preceding section 30.5 of the Act is repealed and the following is substituted:

Review by Commission of summary dismissal

35 The Act is amended by adding after section 32.41 the following:

Subdivision c.1

Complaints Concerning the Conduct of the Executive Director

Temporary reassignment and suspension

32.42( 1) Despite any other provision of this Act, the Minister may reassign or suspend the Executive Director, pending the completion of the processing of a conduct complaint, if the Minister has reason to believe that the Executive Director has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the Minister determines that there is no reasonable alternative and if one of the following conditions has been met:

(a) reassignment or suspension is required to protect a special constable or other person;

(b) failure to reassign or suspend the Executive Director is likely to bring the reputation of the Crown in right of the Province into disrepute;

(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the Crown in right of the Province; or

(d) there are reasonable grounds to believe that the Executive Director is incapable of carrying out the regular duties of the Executive Director.

32.42( 2) If conditions have materially changed in the opinion of the Minister, the Minister may

(a) terminate the suspension of the Executive Director, or

(b) act under subsection (1) more than once during the processing of a conduct complaint.

32.42( 3) For the purposes of subsection (1), the Executive Director shall be suspended with pay, up to a maximum of 180 days, after which time the Executive Director shall be suspended without pay.

32.42( 4) The maximum number of days for which the Executive Director may be paid applies to the cumulative number of days for which the Executive Director is suspended during the processing of a conduct complaint.

Suspension without pay

32.421( 1) Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, if the Executive Director pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,

(a) the Minister may suspend without pay the Executive Director, even if the finding or sentence is under appeal, and

(b) if the Executive Director is suspended at the time of pleading guilty or being found guilty, the Executive Director shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.

32.421( 2) If the Executive Director is acquitted following an appeal, the Executive Director shall receive all of the pay, remuneration, benefits and seniority to which the Executive Director would have been entitled but for the suspension.

32.421( 3) After the conclusion of proceedings taken under this Part, the Executive Director shall receive all the pay, remuneration, benefits and seniority to which the Executive Director would have been entitled but for the suspension less any pay, remuneration, benefits or seniority the Executive Director is not entitled to as a result of a corrective and disciplinary measure imposed by an arbitrator or agreed to by the parties to a settlement conference.

32.421( 4) Subsection (3) does not apply if the Executive Director is dismissed.

Prohibition during suspension

32.422( 1) The Executive Director shall not during a period of suspension

(a) discharge the responsibilities or exercise the powers of the Executive Director, or

(b) use the equipment or wear or display the uniform or insignia of a special constable unless required to do so for a court appearance or by the Minister.

32.422( 2) If the Executive Director violates or fails to comply with subsection (1), the Executive Director commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

Examination if no conduct complaint is filed

32.423 The Minister may, on the Minister’s own motion, and shall, on the request of the Commission, examine the conduct of the Executive Director, whether or not a conduct complaint is filed.

Suspension of the processing of a conduct complaint

32.424( 1) Despite any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of the Minister, suspend the processing of a conduct complaint under this Subdivision if the processing will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.

32.424( 2) If the Commission suspends the processing of a conduct complaint, the period during which the processing is suspended shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which the Executive Director may be paid.

Investigation into an alleged offence

32.43( 1) If the processing of a conduct complaint will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada, the Commission shall give the Minister notice of this in writing.

32.43( 2) On receipt of notification under subsection (1), the Minister shall assign the conduct of the investigation to a member of the Royal Canadian Mounted Police or a chief of police.

32.43( 3) The person authorized by the Minister under subsection (2) to investigate shall provide the Minister with a written report stating the results of the investigation.

Who processes a conduct complaint

32.431 If the Commission characterizes a complaint as a complaint concerning the conduct of the Executive Director or reviews the decision of the Minister on characterization and determines that the complaint concerns the conduct of the Executive Director, the Commission shall immediately refer the conduct complaint to the Minister to process the complaint.

Notification of the Executive Director

32.432( 1) The Minister shall give the Executive Director notice in writing of the substance of the conduct complaint immediately after the Minister receives the complaint under section 32.431.

32.432( 2) Despite subsection (1) and subject to subsection (4), the Minister may withhold notification of the Executive Director if the Minister determines that notification may jeopardize the processing of the conduct complaint.

32.432( 3) If the Minister decides to withhold notification under subsection (2), the Minister shall immediately give the Commission notice in writing of the decision.

32.432( 4) The Commission may order the Minister to give the Executive Director notice in writing of the substance of the conduct complaint, and the Minister shall comply immediately with the order.

Summary dismissal by Commission of a conduct complaint

32.433( 1) The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission,

(a) the complaint or part of the complaint is without merit,

(b) the complaint or part of the complaint is frivolous, vexatious or not made in good faith, or

32.433( 2) If the Commission decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Commission shall give the complainant and the Minister notice in writing of the decision, including the reasons for the decision.

Summary dismissal by the Minister of a conduct complaint

32.434( 1) The Minister may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Minister, the complaint or part of the complaint is frivolous, vexatious or not made in good faith.

32.434( 2) If the Minister decides to summarily dismiss a conduct complaint or part of a conduct complaint, the Minister shall give the complainant and the Commission notice in writing of the decision, including the reasons for the decision.

Review of summary dismissal

32.44( 1) The Commission shall review the decision of the Minister to summarily dismiss the conduct complaint under subsection 32.434(1), and shall

(a) confirm the decision and give the Minister notice in writing of its decision, or

(b) rescind the decision, order the Minister to proceed with processing the conduct complaint and give the complainant and the Executive Director notice in writing of its decision.

32.44( 2) If the Minister receives new information relating to a conduct complaint that has been summarily dismissed, the Minister shall immediately forward the information to the Commission, and if, in the opinion of the Commission, the information requires the matter to be reviewed, the Commission may order the Minister to proceed with processing the conduct complaint.

32.44( 3) If the Commission orders the Minister to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which the Executive Director may be paid.

32.44( 4) On receiving new information and ordering the Minister to process a conduct complaint under subsection (2), the Commission shall give the Minister, complainant and Executive Director notice in writing of the nature of the new information and the reasons for the order to proceed with processing the conduct complaint.

Informal resolution

32.441( 1) Subject to section 32.434, if the Commission refers a conduct complaint to the Minister to process the complaint, the Minister shall determine whether the conduct complaint can be resolved informally.

32.441( 2) If the Minister decides to attempt to resolve the conduct complaint informally, the Minister shall give the complainant and the Executive Director notice in writing of the decision of the Minister to attempt to resolve the complaint informally.

32.441( 3) If a complaint is resolved informally,

(a) the details of the results of the informal resolution shall be set out in writing, and

(b) the Minister shall give the complainant and the Commission notice in writing of the results of the informal resolution.

32.441( 4) Within 14 days after receiving the results of the informal resolution under paragraph (3)( b), the complainant may request the Commission to review the results of the informal resolution.

32.441( 5) A conduct complaint that is resolved by informal resolution shall not be entered in a service record of discipline or personnel file of the Executive Director.

Statements

32.442( 1) No answer given or statement made by a complainant or the Executive Director in the course of attempting to resolve a conduct complaint informally 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 Executive Director gave an answer or made a statement knowing it to be false.

32.442( 2) Without limiting subsection (1), an apology by the Executive Director shall not be admitted into evidence or construed as an admission of guilt at any subsequent civil or administrative proceeding or in any subsequent proceeding under this Act.

Review of the results of informal resolution

32.443( 1) The Commission may, on its own motion, and shall, on the request of a complainant, review the results of the informal resolution under subsection 32.441(3) and shall

(a) confirm the results of the informal resolution and give the complainant, Executive Director and Minister notice in writing of its decision, or

(b) rescind the results of the informal resolution and order the Minister to proceed with processing the conduct complaint.

32.443( 2) If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which the Executive Director may be paid.

Investigation

32.45( 1) The Minister shall proceed with an investigation into a conduct complaint if

(a) the Minister and the Executive Director fail to achieve consensus on an informal resolution,

(b) the Minister determines that an attempt to resolve the complaint informally is inappropriate, or

32.45( 2) If the Minister proceeds with an investigation under subsection (1), the Minister shall give the complainant and the Executive Director notice of this in writing.

32.45( 3) The Minister shall give the Commission notice in writing of the decision of the Minister to proceed with an investigation under paragraph (1)( a) or ( b).

32.45( 4) An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.

Appointment of investigator

32.451( 1) If the Minister conducts an investigation into a conduct complaint, the Minister shall, within 30 days after the filing of the complaint, appoint an investigator from the list established and maintained under section 26.2.

32.451( 2) If the Commission processes a conduct complaint, it shall, within 30 days after the filing of the complaint, appoint an investigator from the list it establishes and maintains under section 26.2.

Investigation report

32.452( 1) Within 60 days after the appointment of an investigator, the investigator shall provide the Minister with the full details of the investigation, including

(a) a summary of the investigator’s findings and conclusions,

(b) a true copy of the investigation report,

(d) a true copy of documents removed, and

(e) a list of physical objects removed.

32.452( 2) On receipt of the documents listed under subsection (1), the Minister shall

(a) provide a copy of the documents to the Commission, or, if the Commission agrees, make the documents available for viewing during normal business hours, and

(b) provide a summary of the investigator’s findings and conclusions to the Executive Director and the complainant.

New investigation

32.453( 1) If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within ten days after the date the details of the investigation are received by the Minister,

(a) a new investigation by the Minister, or

(b) specific steps to be taken by the investigator within the periods determined by the Commission.

32.453( 2) If the Commission orders a new investigation, the Minister shall appoint an investigator in accordance with subsection 32.451(1).

32.453( 3) The investigator shall provide the Minister with the details of the investigation referred to in subsection 32.452(1) within 30 days after the appointment of the investigator, and, on receipt of the documents, the Minister shall provide the items referred to in subsection 32.452(2) to the Commission, the Executive Director and the complainant.

32.453( 4) Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the Executive Director or the Minister may request to the Commission in writing a settlement conference within ten days after the Minister receives the details of the investigation under subsection (3).

Decision of the Minister

32.46( 1) On review of the investigation report, the Minister shall

(a) take no further action if the Minister determines that there is insufficient evidence that the Executive Director committed a breach of the code, or

(b) continue with processing the conduct complaint if there is sufficient evidence that the Executive Director committed a breach of the code.

32.46( 2) If the Minister decides not to take further action under paragraph (1)(a), the Minister shall give the Executive Director, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.

Review of decision to take no further action

32.461 The Commission may, on its own motion, and shall, on the request of the complainant, within 14 days after receiving notice under subsection 32.46(2), review the decision of the Minister to take no further action under paragraph 32.46(1)(a) and shall

(a) confirm the decision and give the complainant, Executive Director and Minister notice in writing of its decision, or

(b) rescind the decision and order the Minister to continue with processing the conduct complaint.

Effect of decision to take no further action

32.462 If the Minister decides to take no further action or if the Commission confirms the decision of the Minister to take no further action, no further action shall be taken against the Executive Director and the conduct complaint shall not be entered in the service record of discipline or personnel file of the Executive Director.

Notice of settlement conference

32.463( 1) If the parties agree to proceed to a settlement conference, the Minister shall perform the following duties:

(a) serve a notice of settlement conference on the Executive Director;

(b) provide the Executive Director with a copy of the documents listed in subsection 32.452(1) and access to physical objects removed; and

( i) of the settlement conference, and

( ii) of their right to attend the settlement conference and to make representations orally or in writing.

32.463( 2) The notice of settlement conference shall contain:

(a) a statement of the time and place of the settlement conference and whether the settlement conference will be held in person, by telephone or by video conference;

(b) the particulars of the act or omission that constitutes the alleged breach of the code;

(d) a statement that, if the Executive Director does not attend the settlement conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed, the Minister shall serve a notice of arbitration hearing on the Executive Director.

32.463( 3) The Executive Director shall advise the Minister as to whether they will attend the settlement conference within seven days after receiving the notice of settlement conference.

32.463( 4) Despite paragraph (2)(d) and subsection (3), if the Executive Director wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the Executive Director may advise the Minister within seven days after receiving the notice of settlement conference.

32.463( 5) If the Executive Director advises the Minister under subsection (4), the Minister shall choose a mutually convenient time which is no more than 90 days after the Executive Director receives the notice of settlement conference or within a longer period if agreed to by the Executive Director and the Minister.

Purpose of settlement conference

32.47 The purpose of a settlement conference is to provide the Executive Director with an opportunity to respond to the alleged breach of the code and to reach an agreement with the Minister concerning corrective and disciplinary measures.

Parties to a settlement conference

32.471( 1) The parties to a settlement conference are the Executive Director and the Minister.

32.471( 2) The complainant may attend and make representations at a settlement conference.

Facilitator

32.472 The parties to a settlement conference may appoint a facilitator to assist them in reaching a settlement.

Representative

32.473 The Executive Director or the Minister may attend a settlement conference with a representative who may act on behalf of the Executive Director or the Minister, as the case may be.

Support person

32.48( 1) The complainant may be accompanied by a support person at a settlement conference.

32.48( 2) The support person may not make representations on behalf of the complainant without the consent of the parties.

Statements

32.481 No answer given or statement made by the complainant or the Executive Director 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 Executive Director gave an answer or made a statement knowing it to be false.

Settlement

32.482( 1) If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the corrective and disciplinary measures agreed to by the parties, and the Minister shall immediately serve the letter of settlement on the Commission and provide copies of the letter of settlement to the complainant and Executive Director.

32.482( 2) The corrective and disciplinary measures agreed to by the parties under subsection (1) shall be stayed for a period of 30 days after the date that the Minister serves the letter of settlement on the Commission.

32.482( 3) Subject to section 32.483, the settlement is final and binding on the parties.

Review of settlement

32.483( 1) Within 14 days after receiving the letter of settlement under subsection 32.482(1), the complainant may request the Commission to review the settlement.

32.483( 2) The Commission may, on its own motion, and shall, on the request of the complainant, review a settlement under subsection 32.482(1) and shall

(a) confirm the settlement and give the complainant, Executive Director and Minister notice in writing of its decision, or

(b) within 30 days after the Minister serves the letter of settlement on the Commission, rescind the settlement if, in the opinion of the Commission, the settlement does not comply with the principles of discipline and correction specified in the regulations, and shall

( i) serve notice on the Minister and the Executive Director of a settlement with recommendations, or

( ii) serve a notice of arbitration hearing on the Minister and Executive Director and give the complainant notice in writing of the arbitration hearing.

32.483( 3) If the Minister and the Executive Director receive notice under subparagraph (2)(b)(i), they may accept the settlement with recommendations within ten days after receiving the notice.

32.483( 4) If the Minister or the Executive Director does not accept the settlement with recommendations within ten days after receiving the notice, the Minister shall serve a notice of arbitration hearing on the Executive Director and give the complainant notice in writing of the arbitration hearing.

Notice of arbitration hearing

32.49( 1) The Minister may serve a notice of arbitration hearing on the Executive Director at any time during the processing of a conduct complaint under this Subdivision.

32.49( 2) The Minister shall serve a notice of arbitration hearing on the Executive Director if a conduct complaint under this Subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.

36 Section 32.5 of the Act is repealed and the following is substituted:

Parties to an arbitration hearing

32.5 The parties to an arbitration hearing are, as the case may be,

(a) the police officer and the chief of police,

(b) the special constable and the Executive Director,

(d) the Executive Director and the Minister.

37 Section 32.6 of the Act is amended

(a) in subsection (1) by striking out “member of a police force” and substituting “member of a police force or special constable”;

(b) in subsection (2) by striking out “member of a police force” and substituting “member of a police force or special constable”;

(c) in subsection (3) by striking out “member of a police force” and substituting “member of a police force or special constable”;

(d) in subsection (4) by striking out “member of a police force” and substituting “member of a police force or special constable”.

38 Section 32.7 of the Act is amended by striking out “constitute unsatisfactory work performance” and substituting “constitute unsatisfactory work performance by a member of a police force”.

39 Section 32.72 of the Act is amended by adding after subsection (1) the following:

32.72( 1.1) A conduct complaint shall be made on a form provided by the Commission, but any deviation from that form not affecting the substance nor calculated to mislead will not invalidate the form used.

40 Subsection 32.76(1) of the Act is repealed and the following is substituted:

32.76( 1) The Commission may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the Commission,

(a) the complaint or part of the complaint is without merit,

(b) the complaint or part of the complaint is frivolous, vexatious or not made in good faith, or

41 Subsection 33.02(1) of the Act is amended by striking out “chief of police or civic authority” and substituting “chief of police, civic authority, Executive Director or Minister”.

42 Section 33.04 of the Act is amended in the portion preceding paragraph (a) by striking out “subparagraph 29.5(2)(b)(ii) or 32.4(2)(b)(ii)” and substituting “subparagraph 29.5(2)(b)(ii), 29.583(2)(b)(ii), 32.4(2)(b)(ii) or 32.483(2)(b)(ii)”.

43 Section 33.06 of the Act is amended by striking out “member of a police force” and substituting “member of a police force or special constable”.

44 The Act is amended by adding after section 37 the following:

Administration

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

45 Section 38 of the Act is amended

(a) in paragraph (b) by striking out “to all members of police forces within the Province” and substituting “to all members of police forces within the Province and to all special constables”;

(b) in paragraph (e) by striking out “chiefs of police and civic authorities” and substituting “chiefs of police, the Executive Director, the Minister and civic authorities”;

(c) in paragraph (j) by striking out “sections 28.2, 31.1 and 32.87” and substituting “sections 28.2, 29.552, 31.1, 32.452 and 32.87”;

(d) in paragraph (m) by striking out “police files,” and substituting “files of the police or special constables,”;

(e) in paragraph (u) by striking out “police force or by its members” and substituting “police force or by its members or by special constables”.

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