Definitions

1   In this regulation:

"Act" means the Police Act;

"chair", in relation to a board, means a member elected or acting as chair of the board in accordance with section 25 [chair and vice chair of municipal police board] of the Act;

"code of conduct" means the Municipal Police Board Member Code of Conduct Regulation;

"electronic meeting" means a meeting at which some or all of the participants participate in accordance with Part 3;

"member", in relation to a board, means a member of the board who is not suspended under the code of conduct;

"participant", in relation to a meeting of a board, includes a person who is not a member but who is invited or permitted by the board to speak to a matter on the agenda;

"voting member", in relation to a board, means a member who is not the chair.

Application

2   (1) This regulation applies to

(a) municipal police boards, and

(b) the amalgamated board continued under the Victoria and Esquimalt Municipal Policing Reorganization Regulation, B.C. Reg. 205/2024, as if it were a municipal police board.

(2) This regulation does not apply to meetings of a committee of a municipal police board.

General meeting duties of chair

3   (1) A chair of a board must ensure all meetings are conducted in accordance with the Act, the code of conduct and this regulation.

(2) The chair must be impartial and act with impartiality, except to cast a deciding vote under the Act.

Specific meeting duties of chair

4   A chair's duties in relation to meetings include the following:

(a) before meetings, ensure the planning and coordination of all necessary arrangements for the efficient and effective conduct of business;

(b) at meetings, preside over the process and facilitate respectful interactions among participants;

(c) after meetings, ensure the maintenance and distribution of accurate and complete minutes and records of the board.

Board meetings

5   Subject to sections 6 and 7, a board must meet as frequently as is necessary to discharge its duties and functions under the Act.

Mandatory regular meetings

6   (1) A board must hold at least 4 regular meetings each calendar year.

(2) The interval between any 2 consecutive regular meetings must not exceed 4 months.

Calling special meetings

7   (1) The chair or a majority of members may call a special meeting to address

(a) an emergency as defined in the Emergency and Disaster Management Act, or

(b) an unexpected or unusual matter of a serious and urgent nature that requires the board to consider a motion before the date of the next regular meeting.

(2) A special meeting is not a regular meeting for the purposes of section 6.

Public announcement of all meetings

8   (1) A board must publicly announce all meetings in accordance with this section and section 9.

(2) An announcement must be published on a publicly accessible website maintained by or on behalf of the board.

(3) An announcement must include all of the following information in relation to a meeting:

(a) the date;

(b) the start time;

(c) the location and address;

(d) the agenda;

(e) if a board believes it will be necessary to hold a portion of the meeting in private, a general description of the subject matter under section 69 (2) [exception to open meeting] of the Act which the board believes will arise during the portion of the meeting;

(f) if a board broadcasts the meeting or conducts an electronic meeting, the electronic or other communications facilities through which the public may watch and hear the meeting.

Timing of public announcement

9   (1) A board must publish the announcement of a regular meeting at least one week before the date of the regular meeting.

(2) A board must publish the announcement of a special meeting at least 24 hours before the start time of the special meeting.

(3) Despite subsection (2), a board may publish the announcement of a special meeting less than 24 hours before the start time of the special meeting if all of the following apply:

(a) the seriousness and urgency of the matter require the board to meet in less than 24 hours;

(b) before holding the special meeting, the board notifies the director of

(i) the seriousness and urgency of the matter, and

(ii) the start time of the special meeting;

(c) the announcement is published as soon as reasonably practicable before the start time of the special meeting.

Quorum for meeting

10   A simple majority of members must be present at a meeting to constitute a quorum.

Lack of quorum at start of meeting

11   (1) If, within 30 minutes from the time set for starting the meeting, a quorum has not been constituted, the meeting is terminated.

(2) A meeting terminated for lack of a quorum is not a regular meeting for the purposes of section 6 [mandatory regular meetings].

Loss of quorum during meeting

12   (1) If, at any time during a meeting, the number of members present is reduced to less than a quorum, the meeting and any business in progress is suspended.

(2) If a meeting is suspended under subsection (1), the chair must

(a) determine the likelihood that a quorum will be re-constituted within a reasonable time, and

(b) after a reasonable time has expired, declare whether the meeting is

(i) terminated due to the loss of the quorum, or

(ii) resuming due to the re-constitution of a quorum.

(3) A meeting terminated for loss of a quorum is not a regular meeting for the purposes of section 6 [mandatory regular meetings] unless the board decided at least one motion before the meeting was suspended.

Quorum despite conflict of interest

13   (1) Despite section 11, a member who is prohibited from participating in a meeting in accordance with Part 3 [Conflict of Interest and Perceived Conflicts of Interest] of the code of conduct does not impair a board from constituting a quorum.

(2) Despite section 12, a member who is prohibited from participating in a matter on the agenda in accordance with Part 3 of the code of conduct does not impair a board from maintaining the quorum if

(a) the member is present at the start of the meeting, and

(b) the member has not disclosed a conflict of interest or a perceived conflict of interest in relation to all other matters on the agenda.

Exercise of powers by resolution

14   (1) A board may only exercise its authority by resolution.

(2) A decision of a board is not valid unless it is authorized or adopted by resolution at a meeting of the board.

Motion for resolution

15   A voting member who is present at a meeting may propose a motion for a resolution of the board.

Discussion on motion

16   (1) To open discussion on a motion, the chair must state the motion as a full question.

(2) A voting member who is present at a meeting is entitled to participate in discussion on a motion.

(3) To close discussion on a motion, the chair must restate the full question.

Vote on motion

17   (1) A voting member who is present at a meeting is entitled to vote once on a motion.

(2) A voting member who is present at the time of a vote must vote on the motion.

(3) If a voting member does not indicate how the member votes, the member is deemed to have voted in the affirmative.

(4) The chair must declare the outcome of the vote by stating that the question is decided in either the affirmative or the negative.

Record in minutes

18   (1) A board must record the full text of a motion in the minutes of the meeting at which it is proposed.

(2) A board must record the outcome of a vote on a motion in the minutes of the meeting at which it is decided.

(3) If a motion is proposed, discussed or decided during a portion of a meeting held in private under section 69 (2) [exception to open meeting] of the Act, the board must not redact the copy of the minutes submitted to the minister under section 69 (3) [duty to inform minister of private portion] of the Act.

(4) If a meeting is suspended for loss of a quorum, a board must record the time at which the quorum was lost in the minutes of the suspended meeting.

(5) If a member discloses a conflict of interest in relation to a meeting or part of a meeting, the board must record the disclosure in the minutes of the meeting to which the conflict of interest relates.

Facilitation of electronic meetings

19   (1) Subject to subsection (2), a board may conduct a meeting by means of electronic communication facilities.

(2) The facilities referred to in subsection (1) must

(a) include video and audio functions that enable all participants to see each other and speak to each other simultaneously, and

(b) be accessible for the duration of the electronic meeting.

Participation in electronic meetings

20   If a board satisfies the requirements of section 19, a participant may participate in an electronic meeting by means of the electronic communication facilities provided by the board.

Equivalency of electronic meetings

21   The requirements of Parts 1 to 3 apply with necessary modification to Part 4.

Conflict with practice

22   (1) A resolution that purports to waive or vary the operation of any section of this regulation is not valid.

(2) A policy, procedure or practice of a board that is inconsistent with this regulation is inoperative and of no force and effect to the extent of the inconsistency.