Definitions

1   In this regulation:

"Act" means the Police Act;

"designated unit" means any of the following designated policing units and designated law enforcement units:

(a) the Organized Crime Agency of British Columbia in its capacity as a designated policing unit;

(b) the Organized Crime Agency of British Columbia in its capacity as a designated law enforcement unit;

(c) the South Coast British Columbia Transportation Authority Police Service Designated Policing Unit;

(d) the South Coast British Columbia Transportation Authority Police Service Designated Law Enforcement Unit;

(e) Stl'atl'imx Tribal Police Service.

"systemic investigation provisions" means sections 177.01 to 177.03 of the Act.

[am. B.C. Reg. 71/2025, s. 1.]

Application of Part 11 of Act

2   (1) Subject to this section and section 3, Part 11 of the Act applies in relation to a designated unit.

(2) Part 11 of the Act, other than Division 6.1 and the systemic investigation provisions, is to be read for the purposes of this section as though

(a) a reference to a municipal police department were a reference to a designated unit, except in a modification made by paragraph (f), as it relates to the definition of "external police service", (h), (i), (k), (l), (m) or (n),

(b) subject to paragraph (c), a reference to a constable were a reference to a constable or an enforcement officer,

(c) a reference to a municipal constable, deputy chief constable or chief constable were, respectively, a reference to an officer, deputy chief officer or chief officer of a designated unit, except in a modification made by paragraph (h), (k), (l) or (m),

(d) a reference to police property, police custody, police work, police discipline or police duties were, respectively, a reference to the property, custody, work, discipline or duties of a designated unit, except in the modification made by paragraph (g),

(e) the following definitions applied:

"dismissal" means revocation of appointment;

"reassign" means to reassign or attach conditions to the appointment of;

"suspend" means to suspend the appointment of; ,

(f) the definitions of "external police service" and "supervisor" in section 76 (1) of the Act were repealed and the following substituted:

"external police service", in relation to a designated unit to which section 89 (1), 91 (1), 92 (1), (2) or (3) or 93 (1) (b) (ii) applies, means

(a) a municipal police department,

(b) the provincial police service, or

(c) another designated unit;

"supervisor", in relation to a member of a designated unit, means

(a) the chief officer of the designated unit, or

(b) any of the following who is designated by the chief officer of the designated unit to supervise the member:

(i) another member of the designated unit;

(ii) a member of another designated unit; ,

(g) a reference in section 77 (3) (d) [defining misconduct] of the Act

(i) to police property were a reference to police property or the property of a designated unit, and

(ii) to police custody were a reference to police custody or the custody of a designated unit,

(h) a reference in section 78 (2) (b) (i) [how complaints are made and registered] of the Act to a member on duty at a station of any municipal police department were a reference to

(i) a municipal constable, deputy chief constable or chief constable on duty at any station of a municipal police department, or

(ii) an officer, deputy chief officer or chief officer of a designated unit on duty at any station of the designated unit,

(i) a reference in section 100 [investigation powers] of the Act to a municipal police department were a reference to

(i) a municipal police department, or

(ii) a designated unit,

(j) a reference in section 100 (2) (e) of the Act to the municipal police board concerned were a reference to

(i) the municipal police board concerned, or

(ii) the designated board concerned,

(k) a reference in section 100 (5) of the Act to a chief constable of the municipal police department concerned and the chair of the board of that municipal police department were a reference to

(i) a chief constable of the municipal police department concerned and the chair of the board of that municipal police department, or

(ii) a chief officer of the designated unit concerned and the chair of the board of that designated unit,

(l) the definition of "prehearing conference authority" in section 120 (1) [prehearing conference] of the Act were repealed and the following substituted:

"prehearing conference authority", in relation to a member or former member of a designated unit, means

(a) a chief officer, a deputy chief officer or a senior officer of the designated unit,

(b) a chief officer, a deputy chief officer or a senior officer of another designated unit, or

(c) a chief constable, deputy chief constable or senior officer of a municipal police department; ,

(m) a reference in section 134 (1) (b) [delegation by discipline authority] of the Act to a chief constable, deputy chief constable or senior officer of another municipal police department were a reference to

(i) a chief constable, deputy chief constable or senior officer of a municipal police department, or

(ii) a chief officer, deputy chief officer or senior officer of another designated unit,

(n) a reference in section 135 (1) [designation of another discipline authority] of the Act to a senior officer of another municipal police department were a reference to

(i) a senior officer of a municipal police department, or

(ii) a senior officer of another designated unit,

(n.1) a reference in section 135 (2) or (2.1) of the Act to a municipal police board were a reference to a designated board,

(o) a reference in section 138 (2) (b) (iii) [determination whether to arrange public hearing or review] of the Act to public confidence in the police were a reference to public confidence in a designated unit,

(o.1) a reference in section 173.1 [service and policy complaints] of the Act to a municipal police board were a reference to a designated board, and

(p) a reference in section 180 (3) (j) [members' service records of discipline] of the Act to a police union were a reference to a trade union.

(2.1) The systemic investigation provisions are to be read for the purposes of this section as though

(a) a reference, except in a modification made by paragraph (d), to a municipal police department were a reference to

(i) a municipal police department, or

(ii) a designated unit,

(b) a reference, except in a modification made by paragraph (d), to a municipal police board were a reference to

(i) a municipal police board, or

(ii) a designated board,

(c) the modifications made by subsection (2) did not apply to section 100 of the Act as that section is applied by section 177.02 (1), and

(d) section 177.02 (2) were repealed and the following substituted:

(2) In applying section 100 for the purposes of this section, the following rules apply:

(a) references to an investigating officer must be read as references to the police complaint commissioner;

(b) references to a municipal police department must be read as references to a municipal police department, municipal police board, designated unit or designated board;

(c) references to a member or former member must be read as references to a member or former member of a municipal police department, municipal police board, designated unit or designated board;

(d) notification of an application for an order described in section 100 (5) must be given by the police complaint commissioner to the following:

(i) if the application relates to accessing premises or exercising a power in relation to a municipal police department, the chief constable of the municipal police department;

(ii) if the application relates to accessing premises or exercising a power in relation to a municipal police board, the chair of the municipal police board;

(iii) if the application relates to accessing premises or exercising a power in relation to a designated unit, the chief officer of the designated unit;

(iv) if the application relates to accessing premises or exercising a power in relation to a designated board, the chair of the designated board.

(3) For the purposes of this section, the board of a designated unit is deemed to be the employer of an officer, the deputy chief officer and the chief officer of the designated unit.

(4) For the purposes of this section, the police complaint commissioner may disclose a disposition record under section 128 [disciplinary disposition record] of the Act to the entity that employs the person who is the subject of the record.

(5) Section 183 [requirement to use contemporaneous file monitoring system] of the Act does not apply in relation to a designated unit.

[am. B.C. Regs. 48/2025, Sch., s. 6; 71/2025, ss. 2 to 4.]

Transition — policy respecting service and policy complaints

3   (1) In this section:

"complaints policy" has the same meaning as in section 173.1 (1) of the Act;

"complaints policy guidelines" has the same meaning as in section 173.1 (1) of the Act.

(2) Despite section 173.1 (3) of the Act as applied by this regulation,

(a) a designated board established before June 1, 2025 must establish a complaints policy under that section within 2 years after that date, and

(b) the complaints policy must be consistent with the complaints policy guidelines as those guidelines read on June 1, 2026.

[en. B.C. Reg. 71/2025, s. 5.]