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"Point in Time" Regulation Content

Police Act

Special Provincial Constable Complaints and Discipline Regulation

B.C. Reg. 206/98

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Title November 22, 2021
Part 1 November 22, 2021
Section 1 November 22, 2021
November 22, 2021
May 1, 2025
Section 2 May 1, 2025
Part 2 November 22, 2021
Section 3 November 22, 2021
Section 3.1 to 3.4 November 22, 2021
Section 4 November 22, 2021
Section 5 November 22, 2021
Section 6 November 22, 2021
Section 7 November 22, 2021
Section 8 November 22, 2021

 Regulation title BEFORE re-enacted by BC Reg 287/2021, effective November 22, 2021.

Special Provincial Constable Complaint Procedure Regulation

 Part 1, heading was enacted by BC Reg 287/2021, effective November 22, 2021.

 Section 1 definitions "admissible complaint", "complaint", "conduct", "constabulary duty" and "investigation" were added by BC Reg 287/2021, effective November 22, 2021.

 Section 1 definition "respondent" BEFORE amended by BC Reg 287/2021, effective November 22, 2021.

"respondent" means a special provincial constable against whom a complaint is made under section 3;

 Section 2 was renumbered as Section 2 (1) by BC Reg 287/2021, effective November 22, 2021.

 Section 2 (2) was added by BC Reg 287/2021, effective November 22, 2021.

 Section 1 definition of "constabulary duty" BEFORE amended by BC Reg 48/2025, effective May 1, 2025.

"constabulary duty" in relation to a special provincial constable, means a power or duty referred to in section 9 (3) [special provincial constables] of the Act that the special provincial constable is authorized to exercise or required to perform;

 Section 2 (1) (b) BEFORE amended by BC Reg 48/2025, effective May 1, 2025.

(b) a member of a police force described in section 1.1 [police forces in British Columbia] of the Act from investigating an allegation in a complaint that a criminal offence was or may have been committed, or

 Part 2, heading was enacted by BC Reg 287/2021, effective November 22, 2021.

 Section 3 BEFORE re-enacted by BC Reg 287/2021, effective November 22, 2021.

Complaints

3   (1) A person may make a complaint against a special provincial constable.

(2) The person may submit the complaint to

(a) the director, or

(b) the supervisor.

(3) The complaint must be in writing and include the following information:

(a) the complainant's full name;

(b) an address for delivery of any notices to the complainant under this regulation;

(c) the details of the complaint, including the respondent's name if known;

(d) a description of the incident, in as much detail as possible;

(e) the names of any witnesses and their respective addresses, if known.

(4) If the complaint is submitted to the director under subsection (2), the director must promptly forward the complaint to the supervisor.

(5) If the complaint is submitted to the supervisor under subsection (2), the supervisor must promptly send a copy of the complaint to the director.

(6) On receiving the complaint, the supervisor must promptly provide the respondent with a copy of the complaint.

 Sections 3.1 to 3.4 were enacted by BC Reg 287/2021, effective November 22, 2021.

 Section 4 BEFORE amended by BC Reg 287/2021, effective November 22, 2021.

Investigation of complaints

4   (1) If a supervisor does not attempt to resolve a complaint informally under section 5, the supervisor must

(a) cause an investigation to be conducted into that complaint, and

(b) promptly provide notice of the investigation to the respondent and the director.

(2) If a supervisor is unsuccessful in resolving a complaint informally under section 5, the complainant may request that an investigation in respect of the complaint be conducted.

(3) The request under subsection (2) must be in writing and must be made to the supervisor within 10 days after informal resolution has failed.

(4) If a request for an investigation into a complaint is made in accordance with subsection (3), the supervisor must

(a) cause an investigation to be conducted into the complaint, and

(b) promptly notify the respondent and the director of the investigation.

 Section 5 BEFORE amended by BC Reg 287/2021, effective November 22, 2021.

Informal resolution

5   (1) A supervisor who receives a complaint under section 3 may attempt to informally resolve the complaint with the complainant and the respondent.

(2) A complaint is resolved informally if a resolution of the complaint is proposed with which the complainant and respondent agree.

(3) Nothing in subsection (1) prevents informal resolution of a complaint at any time during an investigation into the complaint.

(4) If a complaint is resolved informally, the supervisor must

(a) make a record of the resolution or disposition and any disciplinary or corrective measures imposed, and

(b) promptly deliver a copy of that record to the complainant, the director and the respondent.

 Section 6 BEFORE repealed by BC Reg 287/2021, effective November 22, 2021.

Frivolous or vexatious complaints

6   (1) A supervisor may refuse to investigate or further investigate a complaint against a respondent if the supervisor is satisfied that

(a) the complaint is frivolous or vexatious,

(b) the conduct complained of primarily affects a person other than the complainant and the complainant does not have sufficient personal interest in the subject matter of the complaint, or

(c) the complaint concerns an act or omission that, to the knowledge of the complainant, occurred more than 6 months before the complaint was made.

(2) If a supervisor refuses to investigate or to further investigate a complaint against a respondent under subsection (1),

(a) the supervisor must promptly deliver to the complainant, the respondent and the director written notice of the refusal, the reasons for the refusal and the recourse under this section that is available to the complainant, and

(b) the complainant may request a review by the director of the supervisor's decision.

(3) The request under subsection (2) (b) must be in writing and must be delivered to the supervisor within 10 days after the complainant receives the notice referred to in subsection (2) (a).

(4) On receiving the complainant's request under subsection (3), the supervisor must promptly notify the director and the respondent of the request.

(5) The supervisor must promptly deliver to the director a copy of the complainant's request for a review, particulars of the complaint and the supervisor's reasons for the refusal.

(6) On review of the material described in subsection (5), the director must

(a) confirm the supervisor's decision, or

(b) cause an investigation to be conducted into the complaint.

(7) The director must give written notice of his or her response under subsection (6) to the complainant, respondent and supervisor.

 Section 7 (part) BEFORE amended by BC Reg 287/2021, effective November 22, 2021.

Notice of results of investigation

7   Not more than 7 days after completion of an investigation into a complaint against a special provincial constable, the supervisor must give to the complainant, the director and the respondent a notice setting out

 Section 8 (1) was renumbered as Section 8 by BC Reg 287/2021, effective November 22, 2021.