Section 1 definition of "municipality" BEFORE repealed by 2003-52-467, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"municipality" includes the City of Vancouver, but does not include a regional or improvement district;
Section 1 definition of "director" BEFORE amended by BC Reg 108/2009 under RS1996-238-11, effective March 13, 2009 (BC Reg 108/2009).
"director" means the Director of Police Services, Ministry of Attorney General;
Section 1 definition of "police complaint commissioner" BEFORE amended by 2009-28-1, effective October 29, 2009 (Royal Assent).
"police complaint commissioner" means the police complaint commissioner appointed under section 47 (1) or 49 (1);
Section 1 definition of "director" BEFORE amended by 2011-8-1(b), effective June 2, 2011 (Royal Assent).
"director" means the Director of Police Services, Ministry of Public Safety and Solicitor General;
Section 1 definitions of "chief civilian director", "IIO investigator" and "independent investigations office" were added by 2011-8-1(a), effective July 29, 2011 (BC Reg 138/11).
Section 1 definition of "officer" BEFORE amended by 2011-8-1(c), effective July 29, 2011 (BC Reg 138/11).
"officer", except in section 47 (2), means a person appointed under this Act as a provincial constable, special provincial constable, designated constable, municipal constable, special municipal constable, auxiliary constable or enforcement officer, but does not include a person who is a member of the Royal Canadian Mounted Police;
Section 1 definition of "chief officer" BEFORE amended by 2010-21-180(a), effective January 30, 2012 (BC Reg 241/2011).
"chief officer" means a chief officer appointed under section 4.2 (2) (c) (iv) (A) or 18.2 (d) (iii) (A);
Section 1 definition of "director's standards" was added by 2010-21-180(b), effective January 30, 2012 (BC Reg 241/2011).
Section 1 definitions of "specialized service", "specialized service agreement", "specialized service area", "specialized service provider" and "specialized support service" were added by 2014-31-7, effective March 3, 2015 (BC Reg 31/2015).
Section 1 definition of "board", paragraphs (b) and (c) BEFORE amended by 2024-16-1(a) and (b), effective April 25, 2024 (Royal Assent).
(b) in relation to a designated policing unit, the designated board established for that designated policing unit, and
(c) in relation to a designated law enforcement unit, the designated board established for that designated law enforcement unit;
Section 1 definition of "chief officer" BEFORE amended by 2024-16-1(c), effective April 25, 2024 (Royal Assent).
"chief officer" means a chief officer appointed under section 4.2 (2) (c) (iv) (A) or 18.2 (1) (d) (iii) (A);
Section 1 definitions of "designated board", "designated constable", "designated law enforcement unit" and "designated policing unit" BEFORE amended by 2024-16-3(a), (b), (d) and (f), effective April 25, 2024 (Royal Assent).
"designated board" means a board established under section 4.1 (7) or 18.1 (7);
"designated constable" means a constable appointed under section 4.1 (11);
"designated law enforcement unit" means a designated law enforcement unit established under section 18.1 (7);
"designated policing unit" means a designated policing unit established under section 4.1 (7);
Section 1 definitions of "designated law enforcement board" and "designated policing board" were added by 2024-16-3(c) and (e), effective April 25, 2024 (Royal Assent).
Section 1 definition of "enforcement officer" BEFORE amended by 2024-16-5, effective April 25, 2024 (Royal Assent).
"enforcement officer" means an enforcement officer appointed under section 18.1 (11);
Section 1 definition of "entity", paragraph (d) BEFORE amended by 2024-16-6, effective April 25, 2024 (Royal Assent).
Section 1 definition of "Indigenous governing body" was added by 2024-16-7, effective April 25, 2024 (Royal Assent).
Section 1 definition of "place of detention" was added by 2024-16-9, effective April 25, 2024 (Royal Assent).
Section 1 definition of "commissioner" BEFORE amended by 2024-16-2, effective May 1, 2025 (BC Reg 48/2025).
"commissioner" means the commissioner of the provincial police force;
Section 1 definition of "director" BEFORE amended by 2024-16-4, effective May 1, 2025 (BC Reg 48/2025).
"director" means the director of police services referred to in section 39 (1) [director of police services];
Section 1 definition of "provincial constable" BEFORE amended by 2024-16-10(a), effective May 1, 2025 (BC Reg 48/2025).
"provincial constable" means a constable who is a member of the provincial police force continued under section 5, or who is appointed a constable under section 6;
Section 1 definition of "provincial police force" BEFORE repealed by 2024-16-10(b), effective May 1, 2025 (BC Reg 48/2025).
"provincial police force" means the provincial police force continued under section 5;
Section 1 definition of "provincial police service" was added by 2024-16-10(c), effective May 1, 2025 (BC Reg 48/2025).
Section 3 (1) (a) BEFORE amended by 2007-8-60, effective December 31, 2006 [retro from March 29, 2007 (Royal Assent)].
(a) unincorporated areas of British Columbia;
Section 3 (1.1) BEFORE amended by 2014-32-44, effective December 31, 2014 (BC Reg 228/2014).
(1.1) Subsection (1) (a) does not apply in relation to the treaty lands of a treaty first nation described in section 66.2 (1.1) (b).
Section 3 (1) (c) BEFORE amended by 2023-30-1(a), effective October 26, 2023 (Royal Assent).
(c) municipalities with a population of more than 5 000 persons that contract with the minister to engage the provincial police force to act as the municipal police department in their municipalities.
Section 3 (2) BEFORE amended by 2023-30-1(b) to (d), effective October 26, 2023 (Royal Assent).
(2) A municipality with a population of more than 5 000 persons must provide policing and law enforcement in accordance with this Act and the regulations by means of one of the following:
(a) establishing a municipal police department;
(b) entering into an agreement with the minister under which policing and law enforcement in the municipality will be provided by the provincial police force;
(c) with the approval of the minister, entering into an agreement with another municipality that has a municipal police department under which policing and law enforcement in the municipality will be provided by the municipal police department of that municipality.
Section 3 (1) (c) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(c) municipalities with a population of more than 5 000 persons that enter into an agreement under subsection (2) (b) to engage the provincial police force to act as the municipal police department in their municipalities.
Section 3 (2) (b) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(b) entering into an agreement with the minister on behalf of the government, under which policing and law enforcement in the municipality will be provided by the provincial police force;
Section 4 BEFORE amended by 2014-31-8, effective March 3, 2015 (BC Reg 31/2015).
Minister may provide policing and law enforcement
4 (1) Despite section 3, if the minister considers that it is necessary or desirable, the minister may, on terms approved by the Lieutenant Governor in Council, provide or reorganize the policing and law enforcement
(a) in a municipality to which section 3 (2) applies, or
(b) in an area or region of British Columbia.
(2) Costs incurred by the government under subsection (1) (a) are a debt due to and recoverable by the government from the municipality.
Section 4.01 (3) BEFORE amended by 2024-16-15, effective April 25, 2024 (Royal Assent).
(3) If regulations made under subsection (1) specify a specialized service provider with which the minister has entered into or made a specialized service agreement, the director, no later than 10 days after the regulations are made, must make a copy of the specialized service agreement available to members of the public, by both of the following means:
(a) posting the specialized service agreement on a publicly accessible website maintained by or on behalf of the director;
(b) having the specialized service agreement available for public inspection in the office of the director during regular office hours.
Section 4.01 (1) (c) (ii) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(ii) in the case of a specialized service provider that is the government of British Columbia, a ministry, branch or agency of the government of British Columbia, including the provincial police force;
Section 4.02 (4) (a) BEFORE amended by 2024-16-16, effective May 1, 2025 (BC Reg 48/2025).
(a) the processes to be used to achieve coordination between the provision of the services and the provision of policing and law enforcement services otherwise provided by police forces in the area within which the services are to be delivered;
Section 4.04 (2) (b) BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).
(b) in the case of specialized support services provided in areas other than municipalities referred to in paragraph (a), the Ministry of Justice.
Section 4.1 BEFORE repealed by 2024-16-17, effective April 25, 2024 (Royal Assent).
Designated policing
4.1 (1) In this section and section 4.2:
"designated policing" means policing and law enforcement provided in place of or supplemental to the policing and law enforcement otherwise provided by the provincial police force or a municipal police department;
"entity" does not include a municipality with a population of more than 5 000 persons.
(2) Subject to this section and despite section 3, on application by an entity, the minister may establish, on behalf of the entity, a designated policing unit to provide designated policing.
(3) Subject to subsection (4), an application under subsection (2) must include the following:
(a) a description of all policing and law enforcement services to be provided by the designated policing unit on behalf of the entity, including a description of the geographical area within which the services are to be provided;
(b) a description of the qualifications required of the designated constables of the designated policing unit;
(c) a description of the governance of the designated policing unit, including
(i) the identification or proposed establishment of a board whose function it will be to govern, administer and operate the designated policing unit, and
(ii) the proposed membership of the board referred to in subparagraph (i);
(d) an explanation as to how the designated policing is to be coordinated with the policing and law enforcement otherwise provided by the provincial police force or municipal police department, as the case may be, in the geographical area within which the designated policing is to be provided;
(e) a written statement endorsing the application, from each of the following persons:
(i) the chief constable of each municipal police department in the geographical area within which the designated policing is to be provided;
(ii) the commissioner, if the designated policing is to be provided in a geographical area within which the provincial police force regularly provides policing and law enforcement;
(f) any other information the minister may require.
(4) If the application referred to in subsection (3) is made by an entity that employs special provincial constables, the minister may waive, at the minister's discretion, one or more of the application requirements under subsection (3) (a) to (e).
(5) The minister may approve an entity's application on any terms the minister may require.
(6) If the minister and the entity agree on the terms referred to in subsection (5), the minister must forward the application to the Lieutenant Governor in Council for approval.
(7) If the Lieutenant Governor in Council approves the application, the minister must establish, on behalf of the entity and in accordance with the terms of the application,
(a) a designated policing unit, and
(8) The designated board referred to in subsection (7) may consist of one or more persons appointed under subsection (9).
(9) After consulting with the entity, the minister may appoint those persons the minister considers suitable as members of the board, and the minister must appoint one of the members as chair.
(10) The designated policing unit established under subsection (7) may consist of one or more designated constables appointed under subsection (11).
(11) Subject to the approval of the minister, the designated board may appoint persons considered suitable as designated constables to perform designated policing.
(12) A person appointed under subsection (11) is
(a) appointed for the term specified in the appointment, and
(b) subject to the terms of employment determined by the entity.
(13) Subject to the restrictions specified in the appointment and to the regulations, a person appointed under subsection (11) has the powers, duties and immunities of a provincial constable.
(14) Costs incurred by the government in establishing a designated policing unit and its board on behalf of an entity are a debt due to and recoverable by the government.
Section 4.2 (2) (c) (v) (part) BEFORE amended by 2010-21-181(a), effective January 30, 2012 (BC Reg 241/2011).
(v) a duty to make rules consistent with this Act and the regulations respecting the following:
Section 4.2 (2) (f) and (h) BEFORE repealed by 2010-21-181(b), effective January 30, 2012 (BC Reg 241/2011).
(f) prescribing the standards for training, or for retraining, that a designated constable of the designated policing unit must meet;
(h) respecting accommodation, equipment and supplies for
(i) the operations of and use by the designated policing unit, and
(ii) the detention of persons required to be held in police custody;
Section 4.2 BEFORE repealed by 2024-16-17, effective April 25, 2024 (Royal Assent).
Regulations respecting a designated policing unit
4.2 (1) In this section, "local government" means the council of a municipality, the board of a regional district or the council of a band under the Indian Act (Canada).
(2) The minister may make regulations respecting a designated policing unit and its board under section 4.1, including, without limitation, the following:
(a) prescribing the geographical area within which the designated policing unit and its designated constables must operate;
(b) prescribing the practices, procedures and quorum of the board;
(c) prescribing the powers, duties and functions of the board, including,
(A) enforce, within the geographical area prescribed by the minister, the bylaws of the local government of the area, the criminal law and the laws of British Columbia,
(B) generally maintain law and order in the area, and
(ii) a duty to determine in consultation with the minister and the chief officer, if any, the priorities, goals and objectives of the designated policing unit,
(iii) a duty to report to the minister on
(A) the activities of the designated policing unit, and
(B) the implementation of programs and strategies to achieve the priorities, goals and objectives referred to in subparagraph (ii),
(iv) a power to appoint on behalf of the entity, subject to the minister's approval,
(A) a chief officer who has, under the direction of the board, general supervision and command over the designated constables of the designated policing unit,
(B) a deputy chief officer, and
(C) those designated constables the board considers necessary, and
(v) a duty to make rules consistent with this Act, the regulations and the director's standards respecting the following:
(A) the standards, guidelines and policies for the administration of the designated policing unit;
(B) the prevention of neglect and abuse by the designated constables;
(C) the efficient discharge of duties and functions by the designated policing unit and the designated constables;
(d) prescribing the powers, duties and functions of a person appointed under paragraph (c) (iv) (A) or (B);
(e) prescribing the conditions of and the qualifications for appointments under paragraph (c) (iv);
(g) prescribing the restrictions, including geographical restrictions, on the powers, duties and functions of a designated constable of the designated policing unit;
(i) respecting any other matter the minister considers necessary and advisable concerning the designated policing unit and its board.
(3) A chief officer of a designated policing unit must ensure compliance with the director's standards as they relate to the designated policing unit.
Section 6 (5) BEFORE amended by 2023-10-852, effective March 30, 2023 (Royal Assent).
(5) A person must not be appointed commissioner, deputy commissioner or a constable or employee of the provincial police force unless he or she is a Canadian citizen.
Section 6 BEFORE amended by 2024-16-19, effective May 1, 2025 (BC Reg 48/2025).
Constables and employees
6 (1) The Public Service Act does not apply to the provincial police force, a provincial constable, an auxiliary constable, a special provincial constable, a designated constable or an employee of the provincial police force.
(2) The Lieutenant Governor in Council may appoint to the provincial police force the constables and other employees the Lieutenant Governor in Council considers necessary to carry out the force's business.
(3) The Lieutenant Governor in Council may appoint a commissioner and a deputy commissioner of the provincial police force.
(4) The commissioner, deputy commissioner, constables and employees of the provincial police force must be appointed for a term and must be paid the remuneration that the Lieutenant Governor in Council determines.
(5) A person must not be appointed commissioner, deputy commissioner or a constable or employee of the provincial police force unless the person is a Canadian citizen.
Section 7 (1) (b) BEFORE amended by 2010-21-182(a), effective January 30, 2012 (BC Reg 241/2011).
(b) must perform the other functions and duties assigned to the commissioner under the regulations or under this or any other Act.
Section 7 (2) BEFORE amended by 2010-21-182(b), effective January 30, 2012 (BC Reg 241/2011).
(2) The provincial police force, under the commissioner's direction, must perform the duties and functions respecting the preservation of peace, the prevention of crime and offences against the law and the administration of justice assigned to it or generally to peace officers by the commissioner, under the regulations or under any Act.
Section 7 BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
Duties and functions of commissioner and police force
7 (1) The commissioner, under the minister's direction,
(a) has general supervision over the provincial police force, and
(i) exercise powers and perform duties assigned to the commissioner under and in accordance with this Act and any other enactment, and
(ii) ensure compliance with the director's standards as they relate to the provincial police force.
(2) The provincial police force, under the commissioner's direction, must perform the duties and functions respecting the preservation of peace, the prevention of crime and offences against the law and the administration of justice assigned to it or generally to peace officers by the commissioner, under the director's standards or under this Act or any other enactment.
Section 8 (3) BEFORE repealed by 2024-16-20, effective April 25, 2024 (Royal Assent).
(3) Subject to the regulations, an auxiliary constable has the powers, duties and immunities of a provincial constable.
Section 8 (2) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(2) An auxiliary constable must assist the provincial police force in the performance of its duties.
Section 9 (3) BEFORE repealed by 2024-16-20, effective April 25, 2024 (Royal Assent).
(3) Subject to the restrictions specified in the appointment and the regulations, a special provincial constable has the powers, duties and immunities of a provincial constable.
Section 10 (1) BEFORE amended by 2011-8-3, effective June 2, 2011 (Royal Assent).
(1) Subject to the restrictions specified in the appointment and the regulations, a provincial constable, an auxiliary constable, a designated constable or a special provincial constable has, while carrying out the duties of his or her appointment, jurisdiction throughout British Columbia to exercise and carry out the powers, duties, privileges and responsibilities that a police constable or peace officer is entitled or required to exercise or carry out at law or under an enactment.
Section 10 (2) BEFORE amended by 2023-10-853, effective March 30, 2023 (Royal Assent).
(2) If a provincial constable, auxiliary constable, designated constable or special provincial constable exercises jurisdiction under subsection (1) in a municipality having a municipal police department, he or she must, if possible, notify the municipal police department in advance, but in any case must promptly after exercising jurisdiction notify the municipal police department of the municipality.
Section 11 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) The Minister of Finance and Corporate Relations must pay out of the consolidated revenue fund, on the requisition of the minister, money required for the purposes of subsection (2).
Section 11 (1) (a) BEFORE amended by 2011-8-4, effective July 29, 2011 (BC Reg 138/11).
(a) provincial constables, auxiliary constables, special provincial constables and enforcement officers appointed on behalf of a ministry, if the tort is committed in the performance of their duties, and
Section 11 (2) BEFORE amended by 2023-10-854, effective March 30, 2023 (Royal Assent).
(2) Even though a person referred to in subsection (1) (a) or (b) is not found liable for a tort allegedly committed by the person in the performance of his or her duties, the minister may pay an amount the minister considers necessary to
(a) settle a claim against the person for a tort allegedly committed by the person in the performance of his or her duties, or
(b) reimburse the person for reasonable costs incurred by the person in defending a claim against the person for a tort allegedly committed in the performance of his or her duties.
Section 11 BEFORE amended by 2024-16-21, effective April 25, 2024 (Royal Assent).
Ministerial liability
11 (1) The minister, on behalf of the government, is jointly and severally liable for torts committed by
(a) provincial constables, auxiliary constables, special provincial constables, IIO investigators and enforcement officers appointed on behalf of a ministry, if the tort is committed in the performance of their duties, and
(b) municipal constables and special municipal constables in the performance of their duties when acting in other than the municipality where they normally perform their duties.
(2) Even though a person referred to in subsection (1) (a) or (b) is not found liable for a tort allegedly committed by the person in the performance of the person's duties, the minister may pay an amount the minister considers necessary to
(a) settle a claim against the person for a tort allegedly committed by the person in the performance of the person's duties, or
(b) reimburse the person for reasonable costs incurred by the person in defending a claim against the person for a tort allegedly committed in the performance of the person's duties.
(3) The Minister of Finance must pay out of the consolidated revenue fund, on the requisition of the minister, money required for the purposes of subsection (2).
Section 12 BEFORE amended by 2023-10-855, effective March 30, 2023 (Royal Assent).
Assistance for costs of criminal proceedings
12 If
(a) an auxiliary constable, or
(b) a municipal constable or a special municipal constable acting in other than the municipality in which he or she normally performs his or her duties
has been charged with an offence against an enactment of British Columbia, Canada, a municipality or a regional district in connection with the performance of his or her duties, the minister may, to the extent that the minister considers appropriate in the circumstances, pay the costs incurred and not recovered by the auxiliary constable, municipal constable or special municipal constable in the proceedings following or otherwise connected with the charge.
Section 14 BEFORE amended by 2024-16-22, effective May 1, 2025 (BC Reg 48/2025).
Royal Canadian Mounted Police as provincial police force
14 (1) Subject to the approval of the Lieutenant Governor in Council, the minister, on behalf of the government, may enter into, execute and carry out agreements with Canada, or with a department, agency or person on its behalf, authorizing the Royal Canadian Mounted Police to carry out powers and duties of the provincial police force specified in the agreement.
(2) If an agreement is entered into under subsection (1),
(a) the Royal Canadian Mounted Police is, subject to the agreement, deemed to be a provincial police force,
(b) every member of the Royal Canadian Mounted Police is, subject to the agreement, deemed to be a provincial constable,
(c) the provisions of this Act respecting the powers and duties of the provincial police force and provincial constables apply, subject to the agreement, and with the necessary changes and insofar as applicable, to the Royal Canadian Mounted Police and its members, and
(d) the officer commanding the division of the Royal Canadian Mounted Police referred to in the agreement and the second in command of the division are deemed to be the commissioner and deputy commissioner, respectively, appointed under this Act.
(3) If a power or duty given under the regulations or under any Act to the provincial police force or a provincial constable is expressly excluded from the powers and duties given by agreement under subsection (1) to the Royal Canadian Mounted Police or its members, the Lieutenant Governor in Council may make the regulations the Lieutenant Governor in Council considers necessary to authorize or require a member of the public service of British Columbia to carry out the power or duty.
Part 3.1, sections 14.01 to 14.17, was enacted by 2024-16-23, effective April 25, 2024 (Royal Assent).
Section 14.01 definition of "designated policing" BEFORE amended by 2024-16-24, effective May 1, 2025 (BC Reg 48/2025).
"designated policing" means policing and law enforcement provided in place of or supplemental to the policing and law enforcement otherwise provided by the provincial police force or a municipal police department;
Section 14.03 (b) BEFORE amended by 2024-16-25, effective May 1, 2025 (BC Reg 48/2025).
(b) the commissioner, if the provincial police force regularly provides policing and law enforcement in the proposed designated policing area.
Section 14.10 definition of "designated law enforcement" BEFORE amended by 2024-16-26, effective May 1, 2025 (BC Reg 48/2025).
"designated law enforcement" means law enforcement services that supplement policing or law enforcement provided by a police force;
Section 14.12 (b) BEFORE amended by 2024-16-25, effective May 1, 2025 (BC Reg 48/2025).
(b) the commissioner, if the provincial police force regularly provides policing and law enforcement in the proposed designated law enforcement area.
Section 15 (1) BEFORE amended by 2003-52-468, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(1) Subject to subsection (2), a municipality with a population of more than 5 000 persons must provide, in accordance with this Act and the regulations,
(a) policing and law enforcement in the municipality with a police force or police department of sufficient numbers
(i) to adequately enforce municipal bylaws, the criminal law and the laws of British Columbia, and
(ii) to maintain law and order in the municipality, and
(b) adequate accommodation, equipment and supplies for
(i) the operations of and use by the police force or police department required under paragraph (a), and
(ii) the detention of persons required to be held in police custody other than on behalf of the government.
Section 15 (1) BEFORE amended by 2010-21-184, effective January 30, 2012 (BC Reg 241/2011).
(1) Subject to this section, a municipality with a population of more than 5 000 persons must bear the expenses necessary to generally maintain law and order in the municipality and must provide, in accordance with this Act and the regulations,
Section 15 (1) (a) (part) BEFORE amended by 2024-16-27(a), effective May 1, 2025 (BC Reg 48/2025).
(a) policing and law enforcement in the municipality with a police force or police department of sufficient numbers
Section 15 (1) (b) (i) BEFORE amended by 2024-16-27(b), effective May 1, 2025 (BC Reg 48/2025).
(i) the operations of and use by the police force or police department required under paragraph (a), and
Section 17 (1) (part) BEFORE amended by 2023-30-3, effective October 26, 2023 (Royal Assent).
(1) If the director considers that a municipality to which section 15 (1) applies is not complying with that section, the director must send to it and to its board, if any, a notice that
Section 17 (2) (b) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(b) use the provincial police force to police the municipality, or
Section 17.1 (1) BEFORE amended by 2010-21-185, effective January 30, 2012 (BC Reg 241/2011).
(1) If the director considers that a designated policing unit, its board or its designated constables, or a designated law enforcement unit, its board or its enforcement officers, are not complying with the Act or the regulations, the director must send a notice to the board that
Section 17.1 (2) (b) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(b) use the provincial police force to provide the necessary policing or law enforcement in place of the designated policing unit's designated constables or the designated law enforcement unit's enforcement officers, as the case may be;
Section 18 (2) BEFORE amended by 2023-30-4, effective October 26, 2023 (Royal Assent).
(2) Subject to the minister's approval, the councils of 2 or more municipalities who have entered into an agreement with the minister under section 3 (2) (b) may enter into an agreement providing for the amalgamation of their police departments.
Section 18 (4) (a) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(a) the provision of policing and law enforcement in the municipalities by the provincial police force, and
Section 18.1 (14) BEFORE amended by 2023-10-856, effective March 30, 2023 (Royal Assent).
(14) If a person appointed under subsection (11) exercises jurisdiction under subsection (13) in a municipality having a municipal police department, he or she must, if possible, notify the municipal police department in advance, but in any case must promptly after exercising jurisdiction notify the municipal police department of the municipality.
Section 18.1 BEFORE repealed by 2024-16-28, effective April 25, 2024 (Royal Assent).
Enforcement officers for enactments
18.1 (1) In this section and section 18.2, "designated law enforcement" means supplemental law enforcement provided to enforce all or any part of one or more enactments of British Columbia or Canada.
(2) Subject to this section, on application by an entity, the minister may establish, on behalf of the entity, a designated law enforcement unit to provide designated law enforcement.
(3) Subject to subsection (4), an application under subsection (2) must include the following:
(a) a description of all law enforcement services to be provided by the designated law enforcement unit, including a list of each enactment of British Columbia or Canada and each part of an enactment of British Columbia or Canada that is to be enforced by enforcement officers of the designated law enforcement unit, and a description of the geographical area within which the law enforcement services are to be provided;
(b) a description of the qualifications required of the enforcement officers of the designated law enforcement unit;
(c) a description of the governance of the designated law enforcement unit, including
(i) the identification or proposed establishment of a board whose function it will be to govern, administer and operate the designated law enforcement unit, and
(ii) the proposed membership of the board referred to in subparagraph (i);
(d) an explanation as to how the services referred to in paragraph (a) are to be coordinated with the policing and law enforcement otherwise provided in the geographical area within which the enforcement officers are to exercise their jurisdiction;
(e) a written statement endorsing the application, from each of the following persons:
(i) the chief constable of each municipal police department in the geographical area within which the designated law enforcement is to be provided;
(ii) the commissioner, if the designated law enforcement is to be provided in a geographical area within which the provincial police force regularly provides policing and law enforcement;
(f) any other information the minister may require.
(4) If the application referred to in subsection (3) is made by an entity that employs special provincial constables, the minister may waive, at the minister's discretion, one or more of the application requirements under subsection (3) (a) to (e).
(5) The minister may approve an entity's application on any terms the minister may require.
(6) If the minister and the entity agree on the terms referred to in subsection (5), the minister must forward the application to the Lieutenant Governor in Council for approval.
(7) If the Lieutenant Governor in Council approves the application, the minister must establish, on behalf of the entity and in accordance with the terms of the application,
(a) a designated law enforcement unit, and
(8) The designated board referred to in subsection (7) may consist of one or more persons appointed under subsection (9).
(9) After consulting with the entity, the minister may appoint those persons the minister considers suitable as members of the board, and the minister must appoint one of the members as chair.
(10) The designated law enforcement unit established under subsection (7) may consist of one or more enforcement officers appointed under subsection (11).
(11) Subject to the approval of the minister, the designated board may appoint one or more of the entity's employees as enforcement officers to enforce those enactments, or parts of enactments, of British Columbia or Canada that the minister prescribes as the enactments to be enforced by the designated law enforcement unit.
(12) A person appointed under subsection (11) is
(a) appointed for the term specified in the appointment, and
(b) subject to the terms of employment determined by the entity.
(13) Subject to the restrictions specified in the appointment and to the regulations, a person appointed under subsection (11) is authorized to exercise the powers and perform the duties, and has the immunities, of a constable or peace officer exclusively for the purpose of enforcing those enactments, or parts of enactments, of British Columbia or Canada that the minister prescribes as the enactments to be enforced by the designated law enforcement unit.
(14) If a person appointed under subsection (11) exercises jurisdiction under subsection (13) in a municipality having a municipal police department, the person must, if possible, notify the municipal police department in advance, but in any case must promptly after exercising jurisdiction notify the municipal police department of the municipality.
(15) Costs incurred by the government in establishing a designated law enforcement unit and its board on behalf of an entity are a debt due to and recoverable by the government.
Section 18.2 BEFORE renumbered as (1) by 2010-21-186(a), effective January 30, 2012 (BC Reg 241/2011).
Section 18.2 (1) (d) (iv) (part) BEFORE amended by 2010-21-186(b), effective January 30, 2012 (BC Reg 241/2011).
(iv) a duty to make rules consistent with this Act and the regulations respecting the following:
Section 18.2 (1) (g) and (i) BEFORE repealed by 2010-21-186(c), effective January 30, 2012 (BC Reg 241/2011).
(g) prescribing the standards for training, or for retraining, that an enforcement officer of the designated law enforcement unit must meet;
(i) respecting accommodation, equipment and supplies for
(i) the operations of and use by the designated law enforcement unit, and
(ii) the detention of persons required to be held in police custody;
Section 18.2 BEFORE repealed by 2024-16-28, effective April 25, 2024 (Royal Assent).
Regulations respecting a designated law enforcement unit
18.2 (1) The minister may make regulations respecting a designated law enforcement unit and its board under section 18.1, including, without limitation, the following:
(a) prescribing each enactment, and each part of an enactment, of British Columbia or Canada that is to be enforced by the designated law enforcement unit;
(b) prescribing the geographical area within which the designated law enforcement unit and its enforcement officers must operate;
(c) prescribing the practices, procedures and quorum of the board;
(d) prescribing the powers, duties and functions of the board, including,
(i) a duty to determine in consultation with the minister and the chief officer, if any, the priorities, goals and objectives of the designated law enforcement unit,
(ii) a duty to report to the minister on
(A) the activities of the designated law enforcement unit, and
(B) the implementation of programs and strategies to achieve the priorities, goals and objectives referred to in subparagraph (i),
(iii) a power to appoint on behalf of the entity, subject to the minister's approval,
(A) a chief officer who has, under the direction of the board, general supervision and command over the enforcement officers of the designated law enforcement unit,
(B) a deputy chief officer, and
(C) those enforcement officers the board considers necessary, and
(iv) a duty to make rules consistent with this Act, the regulations and the director's standards respecting the following:
(A) the standards, guidelines and policies for the administration of the designated law enforcement unit;
(B) the prevention of neglect and abuse by the enforcement officers;
(C) the efficient discharge of duties and functions by the designated law enforcement unit and the enforcement officers;
(e) prescribing the powers, duties and functions of a person appointed under paragraph (d) (iii) (A) or (B);
(f) prescribing the conditions of and the qualifications for appointments under paragraph (d) (iii);
(h) prescribing the restrictions, including geographical restrictions, on the powers, duties and functions of an enforcement officer of the designated law enforcement unit;
(j) respecting any other matter the minister considers necessary and advisable concerning the designated law enforcement unit and its board.
(2) A chief officer of a designated law enforcement unit must ensure compliance with the director's standards as they relate to the designated law enforcement unit.
Section 19 (2) BEFORE amended by 2024-16-30, effective April 25, 2024 (Royal Assent).
(2) Despite any other Act, a government corporation or prescribed entity, on behalf of which a designated policing unit or designated law enforcement unit is established, may, in its discretion, grant pecuniary aid to the spouses or children of any of its designated constables or enforcement officers killed or injured in the performance of their duties.
Section 20 (2) and (3) (part) BEFORE amended by 2023-10-857, effective March 30, 2023 (Royal Assent).
(2) If it is alleged or established that any municipal constable, special municipal constable, designated constable, enforcement officer, bylaw enforcement officer or employee referred to in subsection (1) has committed a tort in the performance of his or her duties, the respective board and any members of that board are not liable for the claim.
(3) Despite subsection (2), if it is alleged or established that any municipal constable, special municipal constable, designated constable, enforcement officer, bylaw enforcement officer or employee referred to in subsection (1) has committed a tort in the performance of his or her duties, the respective municipality, regional district, government corporation or other prescribed entity on behalf of which that person is employed may, in the discretion of the following, pay an amount that it considers necessary to settle the claim or a judgment against that person and may reimburse him or her for reasonable costs incurred in opposing the claim:
Section 20 BEFORE amended by 2024-16-31, effective April 25, 2024 (Royal Assent).
Liability for torts
20 (1) Subject to an agreement under section 18 (1) or 23 (2),
(a) a municipality is jointly and severally liable for a tort that is committed by any of its municipal constables, special municipal constables, designated constables, enforcement officers, bylaw enforcement officers or employees of its municipal police board, if any, if the tort is committed in the performance of that person's duties, and
(b) a regional district, government corporation or other prescribed entity is jointly and severally liable for a tort that is committed by any of its designated constables or enforcement officers, if the tort is committed in the performance of that person's duties.
(2) If it is alleged or established that any municipal constable, special municipal constable, designated constable, enforcement officer, bylaw enforcement officer or employee referred to in subsection (1) has committed a tort in the performance of the person's duties, the respective board and any members of that board are not liable for the claim.
(3) Despite subsection (2), if it is alleged or established that any municipal constable, special municipal constable, designated constable, enforcement officer, bylaw enforcement officer or employee referred to in subsection (1) has committed a tort in the performance of the person's duties, the respective municipality, regional district, government corporation or other prescribed entity on behalf of which that person is employed may, in the discretion of the following, pay an amount that it considers necessary to settle the claim or a judgment against that person and may reimburse that person for reasonable costs incurred in opposing the claim:
(a) in the case of a municipality, the council of the municipality;
(b) in the case of a regional district, the board of the regional district;
(c) in the case of a government corporation or other prescribed entity, that entity itself.
Section 21 (1) BEFORE amended by 2011-8-1(6), effective July 29, 2011 (BC Reg 138/11).
(1) In this section, "police officer" means a person holding an appointment as a constable under this Act.
Section 21 (2) BEFORE amended by 2023-10-858, effective March 30, 2023 (Royal Assent).
(2) No action for damages lies against a police officer or any other person appointed under this Act for anything said or done or omitted to be said or done by him or her in the performance or intended performance of his or her duty or in the exercise of his or her power or for any alleged neglect or default in the performance or intended performance of his or her duty or exercise of his or her power.
Section 21 (3) and (4) BEFORE amended by 2024-16-33, effective April 25, 2024 (Royal Assent).
(3) Subsection (2) does not provide a defence if
(a) the police officer or other person appointed under this Act has, in relation to the conduct that is the subject matter of action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or
(b) the cause of action is libel or slander.
(4) Subsection (2) does not absolve any of the following, if they would have been liable had this section not been in force, from vicarious liability arising out of a tort committed by the police officer or other person referred to in that subsection:
(a) a municipality, in the case of a tort committed by any of its municipal constables, special municipal constables, designated constables, enforcement officers, bylaw enforcement officers or an employee of its municipal police board, if any;
(b) a regional district, government corporation or prescribed entity, in the case of a tort committed by any of its designated constables or enforcement officers;
Section 22 (1) (part) and (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(1) Despite section 287.2 of the Local Government Act, if a municipality's municipal constable, special municipal constable, designated constable, enforcement officer or bylaw enforcement officer, or if an employee of a municipal police board, has been charged with an offence against an enactment of British Columbia or Canada, or against a municipal or regional district bylaw, in connection with the performance of his or her duties, the council of the municipality may,
(2) Despite section 287.2 of the Local Government Act, if a regional district's designated constable or enforcement officer has been charged with an offence against an enactment of British Columbia or Canada, or against a municipal or regional district bylaw, in connection with the performance of his or her duties, the board of the regional district may, to the extent that it considers appropriate in the circumstances, pay the costs incurred and not recovered by him or her in the proceedings following or otherwise connected with the charge.
Section 22 BEFORE amended by 2023-10-859, effective March 30, 2023 (Royal Assent).
Municipal assistance for costs of proceedings
22 (1) Despite section 740 of the Local Government Act, if a municipality's municipal constable, special municipal constable, designated constable, enforcement officer or bylaw enforcement officer, or if an employee of a municipal police board, has been charged with an offence against an enactment of British Columbia or Canada, or against a municipal or regional district bylaw, in connection with the performance of his or her duties, the council of the municipality may,
(a) on the recommendation of its municipal police board, if the person is an employee of the municipal police board, or
(b) on its own initiative, in any other case,
to the extent that it considers appropriate in the circumstances, pay the costs incurred and not recovered by him or her in the proceedings following or otherwise connected with the charge.
(2) Despite section 740 of the Local Government Act, if a regional district's designated constable or enforcement officer has been charged with an offence against an enactment of British Columbia or Canada, or against a municipal or regional district bylaw, in connection with the performance of his or her duties, the board of the regional district may, to the extent that it considers appropriate in the circumstances, pay the costs incurred and not recovered by him or her in the proceedings following or otherwise connected with the charge.
Section 23 (1) (c) BEFORE amended by 2014-9-37, effective April 9, 2014 (Royal Assent).
(c) not more than 5 persons appointed, after consultation with the director, by the Lieutenant Governor in Council.
Section 23 (1) (part) BEFORE amended by 2023-30-5, effective October 26, 2023 (Royal Assent).
(1) Subject to the minister's approval, the council of a municipality required to provide policing and law enforcement under section 15 may provide policing and law enforcement by means of a municipal police department governed by a municipal police board consisting of
Section 24 BEFORE re-enacted by 2024-16-37, effective April 25, 2024 (Royal Assent).
Membership of municipal police board
24 (1) A person who is a councillor or is ineligible to be elected as a councillor must not be appointed to a municipal police board.
(2) A person appointed to a municipal police board under section 23
(a) holds office for a term, not longer than 4 years, that the Lieutenant Governor in Council determines, and
(b) may be reappointed, subject to subsection (3).
(3) A person is not eligible to hold office as an appointed member of a municipal police board for a period greater than 6 consecutive years.
Section 25 BEFORE re-enacted by 2024-16-38, effective April 25, 2024 (Royal Assent).
Chair of municipal police board
25 (1) The mayor of a council referred to in section 23 is the chair of the municipal police board.
(2) If the mayor is absent or unable to act, the municipal police board members present at a meeting of the municipal police board must elect from among themselves a chair to preside at the meeting.
(3) In case of a tie vote at a meeting of a municipal police board, the chair may cast the deciding vote.
Section 26 (1.1) BEFORE amended by 2014-32-45, effective December 31, 2014 (BC Reg 228/2014).
(1.1) If a municipality has entered into an agreement referred to in section 66.2 (1.1) (b) with a treaty first nation, for the duration of the agreement, the reference in subsection (1) of this section to "municipality" must be read as including the treaty lands of the treaty first nation.
Section 26 (3) (b) BEFORE amended by 2023-10-860, effective March 30, 2023 (Royal Assent).
(b) provided with the accommodation, equipment and supplies the municipal police board considers necessary for his or her duties and functions, and
Section 27 (1.1) BEFORE amended by 2014-32-46, effective December 31, 2014 (BC Reg 228/2014).
(1.1) If a municipality has entered into an agreement referred to in section 66.2 (1.1) (b) with a treaty first nation, for the duration of the agreement, the reference in subsection (1) of this section to "municipality" must be read as including the treaty lands of the treaty first nation.
Section 27 (3) to (6) BEFORE amended by 2024-16-39, effective April 25, 2024 (Royal Assent).
(3) If a council does not approve an item in the budget, the director, on application by the council or the municipal police board, must
(a) determine whether the item or amount should be included in the budget, and
(b) report the director's findings to the municipal police board, the council and the minister.
(4) Subject to subsection (3), a council must include in its budget the costs in the provisional budget prepared by the municipal police board.
(5) On certification by the municipal police board members that an expenditure is within the budget prepared by the municipal police board, the council must pay the amount of the expenditure.
(6) Unless the council otherwise approves, a municipal police board must not make an expenditure, or enter an agreement to make an expenditure, that is not specified in the board's budget and approved by the council.
Section 28 (1) BEFORE amended by 2010-21-187, effective January 30, 2012 (BC Reg 241/2011).
(1) A municipal police board must make rules consistent with this Act and the regulations respecting the following:
Section 30 BEFORE amended by 2003-52-469, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
30 Out of money appropriated for the purpose, the minister may make payments to municipalities with a population of more than 5 000 persons in order to reimburse the municipalities to the extent the minister considers appropriate in each case, for the expenses incurred under section 520 of the Local Government Act and section 481 of the Vancouver Charter for the care and custody of persons who are detained in a place of detention on behalf of the government.
Part 5.1, section 30.1, was enacted by 2024-16-41(part), effective September 1, 2025 (BC Reg 122/2025).
Section 33 (a) and (b) BEFORE amended by 2024-16-42, effective May 1, 2025 (BC Reg 48/2025).
(a) to promote a good relationship among
(i) the residents of the area of British Columbia in which the committee has jurisdiction,
(ii) the provincial police force, and
(iii) any designated policing units or designated law enforcement units that may be operating in that area;
(b) to bring to the attention of the minister, the provincial police force, the designated policing units and the designated law enforcement units, any matters concerning the adequacy of policing and law enforcement in the area of British Columbia in which the committee has jurisdiction, and to make recommendations on those matters to the minister, the provincial police force, the designated policing units and the designated law enforcement units;
Section 34 BEFORE amended by 2010-21-188, effective January 30, 2012 (BC Reg 241/2011).
Duties and functions of chief constable and municipal police
34 (1) The chief constable of a municipal police department has, under the direction of the municipal police board, general supervision and command over the municipal police department and must perform the other functions and duties assigned to the chief constable under the regulations or under any Act.
(2) The municipal police department, under the chief constable's direction, must perform the duties and functions respecting the preservation of peace, the prevention of crime and offences against the law and the administration of justice assigned to it or generally to peace officers by the chief constable, under the regulations or under any Act.
Section 35 (4) BEFORE amended by 2023-10-861, effective March 30, 2023 (Royal Assent).
(4) Subject to the restrictions the municipal police board specifies in the appointment, a special municipal constable has, while carrying out the duties of his or her appointment, the powers, duties and immunities of a municipal constable.
Section 38 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) If the minister makes a direction under subsection (2), the Minister of Finance and Corporate Relations must pay, from the consolidated revenue fund, the salary and other expenses of the municipal constable or special municipal constable during the period he or she is performing duties in the part of British Columbia where the emergency exists.
Section 38 (1) BEFORE amended by 2011-8-7, effective June 2, 2011 (Royal Assent).
(1) A municipal constable or a special municipal constable has jurisdiction throughout British Columbia while carrying out the powers, duties, privileges and responsibilities that a police constable or peace officer is entitled or required to exercise or carry out at law or under any Act.
Section 38 (4) BEFORE amended by 2014-9-38, effective April 9, 2014 (Royal Assent).
(4) If a municipal constable or special municipal constable performs duties outside the municipality, he or she must, if possible, notify the provincial police force or municipal police department of the area in which he or she performs the duties in advance, but in any case must promptly after performing the duties notify the provincial police force or municipal police force.
Section 38 (3) and (4) BEFORE amended by 2023-10-862, effective March 30, 2023 (Royal Assent).
(3) If the minister makes a direction under subsection (2), the Minister of Finance must pay, from the consolidated revenue fund, the salary and other expenses of the municipal constable or special municipal constable during the period he or she is performing duties in the part of British Columbia where the emergency exists.
(4) If a municipal constable or special municipal constable performs duties outside the municipality, he or she must, if possible, notify the provincial police force or municipal police department of the area in which he or she performs the duties in advance, but in any case must promptly after performing the duties notify the provincial police force or municipal police department.
Section 38 (3) BEFORE amended by 2024-16-43(b), effective April 25, 2024 (Royal Assent).
(3) If the minister makes a direction under subsection (2), the Minister of Finance must pay, from the consolidated revenue fund, the salary and other expenses of the municipal constable or special municipal constable during the period the municipal constable or special municipal constable is performing duties in the part of British Columbia where the emergency exists.
Section 38 (4) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(4) If a municipal constable or special municipal constable performs duties outside the municipality, the municipal constable or special municipal constable must, if possible, notify the provincial police force or municipal police department of the area in which the municipal constable or special municipal constable performs the duties in advance, but in any case must promptly after performing the duties notify the provincial police force or municipal police department.
Part 7.1, sections 38.01 to 38.08 were enacted by 2011-8-8, effective July 29, 2011 (BC Reg 138/11).
Section 38.01 definition of "chief of the police service", paragraphs (a) and (c) BEFORE amended by 2024-16-44, effective May 1, 2025 (BC Reg 48/2025).
(a) in relation to the provincial police force, the commissioner;
(c) in relation to a police force described in section 1.1 (c), a chief officer;
Section 38.01 definition of "police service" BEFORE amended by 2024-16-46, effective May 1, 2025 (BC Reg 48/2025).
"police service" means the Royal Canadian Mounted Police or a police force in British Columbia other than the independent investigations office;
Section 38.01 definition of "detention guard" was added by 2024-16-45, effective September 1, 2025 (BC Reg 122/2025).
Section 38.02 (1) (part) BEFORE amended by BC Reg 27/2013 under RS1996-238-11, effective January 30, 2013 (BC Reg 27/2013).
(1) An independent investigations office is established in the Ministry of Attorney General, the purpose of which is to conduct
Section 38.02 (1) (part) BEFORE amended by BC Reg 99/2018 under RS1996-238-11, effective May 18, 2018 (BC Reg 99/2018).
(1) An independent investigations office is established in the Ministry of Justice, the purpose of which is to conduct
Section 38.03 (2) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(2) A person who is a current or former member of a police force or the Royal Canadian Mounted Police may not be appointed as chief civilian director.
Section 38.06 (2) and (3) BEFORE amended by 2012-18-89, effective May 31, 2012 (Royal Assent).
(2) The chief civilian director may appoint, in accordance with the Public Service Act and the regulations, if any, made under section 74 (2) (t.2) of this Act and subject to subsection (3) of this section, any of the following persons to serve as investigators with the independent investigations office:
(a) a civilian with investigative experience;
(b) a former member of a police or law enforcement agency outside of British Columbia;
(c) a former member of the Royal Canadian Mounted Police.
(3) The chief civilian director may not appoint a person under subsection (2) (a), (b) or (c) if the person was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.
Section 38.06 (3) BEFORE amended by 2019-18-1, effective June 1, 2019.
(3) The chief civilian director may not appoint a person under subsection (2) if the person
(a) is currently a member of a police or law enforcement agency outside of British Columbia,
(b) is currently a member of the Royal Canadian Mounted Police, or
(c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.
Section 38.06 (3) BEFORE amended by 2019-18-2, effective June 1, 2021.
(3) The chief civilian director may not appoint a person under subsection (2) if the person is currently a member of
(a) a police force in British Columbia,
(b) a police force or law enforcement agency outside British Columbia, or
Section 38.06 (3) (a) and (c) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(a) is currently a member of a police force or law enforcement agency outside British Columbia,
(c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.
Section 38.08 (1) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(1) The chief civilian director may appoint a person who is not a current or former member of a police force in British Columbia or the Royal Canadian Mounted Police to review and assess the integrity of a specific investigation in accordance with this section and the terms of reference, if any, established by the chief civilian director in the appointment.
Section 38.09 (1) (a) and (b) BEFORE amended by 2024-16-48, effective September 1, 2025 (BC Reg 122/2025).
(a) a person may have died or suffered serious harm as a result of the actions of an officer, whether on or off duty, or
(b) an officer, whether on or off duty, may have contravened a prescribed provision of the Criminal Code or a prescribed provision of another federal or provincial enactment,
Part 7.1, sections 38.11 and 38.12, were enacted by 2011-8-8, effective July 29, 2011 (BC Reg 138/11).
Section 38.11 BEFORE amended by 2019-18-3, effective May 16, 2019 (Royal Assent).
38.11 If after an investigation by the independent investigations office is concluded the chief civilian director considers that an officer may have committed an offence under any enactment, including an enactment of Canada or another province, the chief civilian director must report the matter to Crown counsel.
Section 38.11 BEFORE amended by 2024-16-49, effective September 1, 2025 (BC Reg 122/2025).
Report to Crown counsel
38.11 If after an investigation by the independent investigations office is concluded the chief civilian director considers that there are reasonable grounds to believe that an officer may have committed an offence under any enactment, including an enactment of Canada or another province, the chief civilian director may report the matter to Crown counsel.
Section 38.121 (3) BEFORE amended by 2024-16-50, effective September 1, 2025 (BC Reg 122/2025).
(3) In providing information under subsection (2), the chief civilian director must not disclose personal information about an officer, a victim, a witness or another person who may have been involved in the matter, except as provided in subsection (4).
Section 39 (1) BEFORE amended by 2011-8-9, effective June 2, 2011 (Royal Assent).
(1) On behalf of the minister and subject to the direction of the minister, the director is responsible for superintending policing and law enforcement functions in British Columbia.
Section 39 (1) BEFORE amended by 2024-16-52, effective May 1, 2025 (BC Reg 48/2025).
(1) The minister must designate as the director of police services a person employed in the ministry and, on behalf of the minister and subject to the direction of the minister, the director is responsible for superintending policing and law enforcement functions in British Columbia.
Section 40 (1) (i) was added by 2007-14-174, effective December 1, 2007 (BC Reg 354/2007).
(i) to perform other functions and duties assigned to the director under this Act or the regulations or under the Private Investigators and Security Agencies Act and its regulations.
Section 40 (1) (i) BEFORE amended by 2007-30-57, effective September 1, 2008 (BC Reg 207/2008).
(i) to perform other functions and duties assigned to the director under this Act or under the Private Investigators and Security Agencies Act.
Section 40 (1) (a) (ii) (A) to (D) BEFORE amended by 2011-8-10, effective July 29, 2011 (BC Reg 138/11).
(A) training persons who intend to become officers,
(B) training officers,
(C) retraining officers, and
(D) training officers who are eligible for advanced training,
Section 40 (1) (c), (e), (f) and (g) BEFORE amended by 2011-8-8, effective July 29, 2011 (BC Reg 138/11).
(c) to consult with and provide information and advice to the minister, chief constables, chief officers, boards and committees, on matters related to policing and law enforcement;
(e) to make recommendations to the minister on
(i) the minimum standards for the selection and training of officers or classes of officers,
(ii) the use of force by officers or classes of officers, including, without limitation, their training and retraining in the use of force, and
(iii) any other matter related to policing and law enforcement;
(f) to establish and carry out, or approve and supervise, programs to promote cooperative and productive relationships between officers and the public;
(g) to assist in the coordination of policing and law enforcement provided by the provincial police force, municipal police departments, designated policing units and designated law enforcement units;
Section 40 (1) (a) BEFORE amended by 2010-21-189, effective January 2, 2012 (BC Reg 241/2011).
2010-10-189 was amended by 2011-8-10.
(a) to inspect and report on the quality and standard of policing and law enforcement services delivery, including but not limited to
(i) inspecting policing and law enforcement operations and procedures,
(ii) evaluating programs for
(A) training persons who intend to become officers or IIO investigators,
(B) training officers, IIO investigators or the chief civilian director,
(C) retraining officers, IIO investigators or the chief civilian director, and
(D) training officers, IIO investigators or the chief civilian director who are eligible for advanced training,
(iii) evaluating standards of policing and law enforcement, and
(iv) evaluating compliance with section 68.1;
Section 40 (1) (a.1) and (a.2) were added by 2010-21-189, effective January 2, 2012 (BC Reg 241/2011).
2010-10-189 was amended by 2011-8-10.
Section 40 (1.1), (1.2) and (1.3) were added by 2010-21-189, effective January 2, 2012 (BC Reg 241/2011).
2010-10-189 was amended by 2011-8-10.
Section 40 (1) (a.1) (vi) BEFORE amended and (vi.1), (viii) and (ix) were added by 2014-9-39, effective March 3, 2015 (BC Reg 31/2015).
(vi) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to investigations that are complex or involve serious crimes, including, without limitation, investigations of murder, attempted murder, sexual assault, kidnapping, armed robbery or money laundering;
Section 40 (1) (a.1) BEFORE amended by 2024-16-53(a), effective April 25, 2024 (Royal Assent).
(a.1) to establish standards respecting the following:
(i) the training of persons to become officers or IIO investigators;
(ii) the training and retraining of officers, IIO investigators or the chief civilian director;
(iv) places of detention and equipment and supplies to be used in relation to policing and law enforcement;
(v) cooperation between the independent investigations office and the provincial police force, municipal police departments, designated policing units and designated law enforcement units in relation to investigations by the independent investigations office;
(vi) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to
(A) investigations into the whereabouts of missing persons,
(B) investigations that are complex, and
(C) investigations that involve serious crimes, including, without limitation, investigations of murder, attempted murder, sexual assault, kidnapping, armed robbery or money laundering;
(vi.1) principles, practices and strategies to be used in investigations referred to in subparagraph (vi);
(vii) the collection, disclosure and analysis of information relating to administration, management or programs of, or related to, policing and law enforcement;
(viii) the promotion of unbiased policing and law enforcement services delivery;
(ix) community consultation regarding the priorities, goals and objectives for policing and law enforcement;
Section 40 (1.1), (1.2) and (1.3) BEFORE repealed by 2024-16-53(b), effective April 25, 2024 (Royal Assent).
(a) establish different standards under subsection (1) (a.1) for different classes of officers and different police forces, designated policing units, designated law enforcement units or other law enforcement agencies, and
(b) vary or cancel those standards.
(a) is binding on an entity, a designated board, a municipal police board, the chief civilian director, a chief officer, a chief constable or the commissioner, as the case may be, only after
(i) the standard is approved by the minister,
(ii) the standard is made available to the public under subsection (1.3), and
(iii) the entity, designated board, municipal police board, chief civilian director, chief officer, chief constable or commissioner receives written notice of the standard, but
(b) is not effective to the extent it conflicts with this Act or the regulations.
(1.3) The director must make the director's standards available to members of the public by both of the following means:
(a) posting the standard on a publicly accessible website maintained by or on behalf of the director;
(b) having the standard available for public inspection in the office of the director during regular office hours.
Section 40 (1) (g) and (h) BEFORE amended by 2024-16-55(a) and (b), effective May 1, 2025 (BC Reg 48/2025).
(g) to assist in the coordination of policing and law enforcement provided by the independent investigations office, provincial police force, municipal police departments, designated policing units and designated law enforcement units;
(h) to report to the minister on the activities of police forces, police departments, designated policing units and designated law enforcement units in their provision of policing and law enforcement services;
Section 40.01 (1) (f) and (g) (part) BEFORE amended by 2024-16-58(a), effective May 1, 2025 (BC Reg 48/2025).
(f) cooperation between the independent investigations office and the provincial police force, municipal police departments, designated policing units and designated law enforcement units in relation to investigations by the independent investigations office;
(g) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to
Section 40.01 (5) BEFORE amended by 2024-16-58(b), effective May 1, 2025 (BC Reg 48/2025).
(5) The director may establish different standards for different classes of officers and different police forces, designated policing units, designated law enforcement units or other law enforcement agencies.
Section 41 (1) was added by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) The director must make rules, not inconsistent with this Act and the regulations, respecting the director's practice and procedure and the exercise of the director's powers under this Act and the regulations, and may establish forms required to be used for those purposes.
Section 42 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(2) The costs of a study requested by the minister under subsection (1) must be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.
Section 44 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) The costs of an investigation ordered by the minister under subsection (1) must be paid by the Minister of Finance and Corporate Relations from the consolidated revenue fund.
Section 44 (1), (2) and (3) BEFORE amended by 2011-8-11, effective June 2, 2011 (Royal Assent).
(1) Despite this Act,
(a) the minister, or
(b) the director, on the director's own initiative or on request of the police complaint commissioner or a board,
may at any time order an investigation into an alleged act, or an alleged omission of an act, committed by any person appointed under this Act.
(2) An investigation under subsection (1) must be performed by the person and in the manner specified in the minister's order or director's order, as the case may be.
(3) The costs of an investigation ordered by the minister under subsection (1) must be paid by the Minister of Finance from the consolidated revenue fund.
Section 44 (2) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(2) An investigation under subsection (1) must be performed by the police force or the person and in the manner specified in the minister's order or director's order, as the case may be.
Section 45 (2) BEFORE amended by 2024-16-61, effective April 25, 2024 (Royal Assent).
(2) The director may not delegate to an employee the director's power to establish, vary or cancel the director's standards under section 40 (1) (a.1) and (1.1).
Section 45 BEFORE re-enacted by 2024-16-62, effective July 14, 2025 (BC Reg 113/2025).
Delegation
45 (1) The director may authorize one or more of the director's employees to exercise the powers and perform the duties and functions of the director under sections 40 and 42 to 44.
(2) The director may not delegate to an employee the director's powers under sections 40 (1) (a.1) [functions of the director] and 40.01 (1) and (4) [director's standards] to establish, amend or repeal the director's standards.
Section 46 (1) definition of "committee" was added by 2009-9-1, effective March 31, 2009 (Royal Assent).
Section 46 BEFORE re-enacted by 2009-28-3, effective March 31, 2010 (BC Reg 60/2010).
Definitions and interpretation
46 (1) In this Part:
"adjudicator" means a retired judge appointed under section 60.1 to preside at a public hearing;
"agent", in relation to a person who is a member of a trade union in which the majority of employees is engaged in police duties, means an individual of the person's choice and includes the trade union representative provided under the applicable collective agreement, but does not include counsel for the person;
"business day" means a day other than a Saturday or a holiday;
"Code of Professional Conduct" means the prescribed code of conduct;
"committee" means the special committee of the Legislative Assembly that the Legislative Assembly specifies for the purposes of sections 47 to 49;
"complainant" means the person who submitted a complaint under section 52 in relation to which a record of complaint is subsequently lodged under that section;
"complaint" means a complaint submitted under section 52 and includes a report made under section 65.1;
"complaint disposition" means the decision or resolution that concludes the complaint process under this Part and includes
(a) a final decision under section 54 (7) to summarily dismiss a complainant's complaint,
(b) an informal resolution that is final under section 54.2 (4),
(c) a disciplinary or corrective measure accepted by a respondent under section 58 (5),
(d) a disciplinary or corrective measure that is final under section 59.1 (4) (b), and
(e) a decision of an adjudicator under section 61 (6);
"conduct complaint" means an internal discipline complaint or a public trust complaint;
"discipline authority" means,
(a) in relation to a municipal constable against whom a conduct complaint is made, the chief constable of the municipal police department with which the respondent is employed, or a delegate of that chief constable,
(b) in relation to a chief constable or a deputy chief constable against whom a conduct complaint is made, the chair of the board by which the respondent is employed, or
(c) in relation to a municipal police department about which a complainant makes a complaint, the chair of the board that has authority over that police department;
"disciplinary default" means a breach of the Code of Professional Conduct;
"final investigation report" means the report provided by an investigating officer under section 56 (6);
"internal discipline complaint" means a complaint that relates to the acts, omissions or deportment of a respondent and that
(a) is not a public trust complaint, or
(b) is a public trust complaint that is not processed as a public trust complaint under Division 4;
"investigating officer" means the person who has conduct of an investigation of a complaint;
"public hearing" means a hearing arranged and set under sections 60 and 60.1;
"public trust complaint" means a complaint to the effect that a respondent has committed a public trust default;
"public trust default" means conduct that would, if proved, constitute a disciplinary default and that
(a) causes or has the potential to cause physical or emotional harm or financial loss to any person,
(b) violates any person's dignity, privacy or other rights recognized by law, or
(c) is likely to undermine public confidence in the police;
"record of complaint" means a complaint recorded in the prescribed form under section 52 (4);
"respondent" means a municipal constable, chief constable or deputy chief constable against whom a complaint is made;
"service or policy complaint" means a complaint to the effect that one or more of the following are inadequate or inappropriate for or in relation to the conduct of a municipal police department:
(a) its policies;
(b) its procedures;
(c) its standing orders;
(d) its supervision and management controls;
(e) its training programs and resources;
(f) its staffing;
(g) its resource allocation;
(h) its procedures or resources that are available to permit it to respond to requests for assistance;
(i) any other internal operational or procedural matter.
(2) In this Part, "lodge" or "lodged" is a reference to the lodging of a written record of complaint, in the prescribed form, under section 52 (4).
Section 47 to 49 BEFORE re-enacted by 2009-9-2, effective March 31, 2009 (Royal Assent).
Police complaint commissioner
47 (1) On the recommendation of the Legislative Assembly, the Lieutenant Governor in Council must appoint as the police complaint commissioner a person, other than a member of the Legislative Assembly, who has been unanimously recommended for the appointment by a special committee of the Legislative Assembly.
(2) The police complaint commissioner is an officer of the Legislature.
(3) Subject to section 48, the police complaint commissioner holds office for a term of 6 years.
(4) A person who is appointed under this section is not eligible to be reappointed as police complaint commissioner.
Resignation, removal or suspension of police complaint commissioner
48 (1) The police complaint commissioner may resign at any time by notifying the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from British Columbia, by notifying the Clerk of the Legislative Assembly.
(2) The Lieutenant Governor in Council must remove the police complaint commissioner from office or suspend the police complaint commissioner for cause or incapacity on the recommendation of 2/3 of the members present in the Legislative Assembly.
(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the police complaint commissioner for cause or incapacity.
Acting police complaint commissioner
49 (1) The Lieutenant Governor in Council may appoint an acting police complaint commissioner if one of the following applies:
(a) the office of police complaint commissioner is or becomes vacant when the Legislative Assembly is not sitting;
(b) the police complaint commissioner is suspended when the Legislative Assembly is not sitting;
(c) the police complaint commissioner is removed or suspended or the office of the police complaint commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under section 47 (1) before the end of the session;
(d) the police complaint commissioner will be temporarily absent for more than 30 days because of illness or any other reason.
(2) An acting police complaint commissioner holds office until the first of the following occurs:
(a) a person is appointed under section 47 (1);
(b) the suspension of the police complaint commissioner ends;
(c) the Legislative Assembly has sat for 20 days after the date of the acting police complaint commissioner's appointment;
(d) the police complaint commissioner returns to office after a temporary absence.
Section 47 (5) (a) BEFORE amended by 2023-10-863, effective March 30, 2023 (Royal Assent).
(a) the police complaint commissioner notifies the committee at least 6 months before the end of the first term that she or he wishes to be considered for reappointment, and
Section 50 (3) (f) BEFORE amended by 2007-9-38(a), effective June 21, 2007 (BC Reg 226/2007).
(f) make recommendations to the Attorney General for a public inquiry under the Inquiry Act if there are reasonable grounds to believe that
(i) the issues in respect of which the inquiry is recommended are so serious or so widespread that an inquiry is necessary in the public interest,
(ii) an investigation conducted under this Part, even if followed by a public hearing, would be too limited in scope, and
(iii) powers granted under the Inquiry Act are needed;
Section 50 (3) (e) BEFORE amended by 2009-9-4, effective March 31, 2009 (Royal Assent).
(e) make recommendations to the director or the Attorney General that a review, study or audit be undertaken to assist police departments or forces, or any designated policing unit or designated law enforcement unit to which this Part is made applicable by regulation of the Lieutenant Governor in Council, in developing training or other programs designed to prevent recurrence of any problems revealed by the complaint process;
Section 50 BEFORE repealed by 2009-28-4, effective March 31, 2010 (BC Reg 60/2010).
Powers and duties of police complaint commissioner
50 (1) The police complaint commissioner is to oversee the handling of complaints.
(2) Without limiting subsection (1), the police complaint commissioner is to
(a) receive complaints from any source,
(b) establish and maintain a record of complaints, including the complaint dispositions relating to those complaints,
(c) compile statistical information respecting all complaints,
(d) regularly prepare reports of the complaint dispositions made or reached during the reporting period, and make those reports available to the public,
(e) inform the public of the complaint procedures provided by this Part and the functions and duties of the police complaint commissioner,
(f) accept and consider comments from any interested person respecting the administration of this Part,
(g) inform, advise and assist complainants, respondents, discipline authorities, boards and adjudicators respecting the complaint process and the handling of complaints,
(h) periodically conduct reviews of the complaint process and make any recommendations for improvement of that process in the annual report under section 51.1,
(i) establish procedures for mediation services to assist complainants and respondents in achieving informal resolution of complaints and provide those services to those parties,
(j) establish guidelines to be followed by municipal police departments for the purpose of informal resolution of public trust complaints under section 54.1, and
(k) perform any other duties imposed and exercise any other powers provided by this Act.
(3) Without limiting subsection (1), the police complaint commissioner may do any of the following:
(a) prepare and provide informational reports on any matter related to the role of the police complaint commissioner;
(b) engage in or commission research on any matter relating to the purposes of this Part;
(c) make recommendations to a board that it examine and reconsider any written policies or procedures that may have been a factor in an act or omission that gave rise to a complaint;
(d) prepare guidelines respecting the procedures to be followed by a person receiving a complaint;
(e) make recommendations to the director or the minister that a review, study or audit be undertaken to assist police departments or forces, or any designated policing unit or designated law enforcement unit to which this Part is made applicable by regulation of the Lieutenant Governor in Council, in developing training or other programs designed to prevent recurrence of any problems revealed by the complaint process;
(f) make recommendations to the minister for a public inquiry under the Public Inquiry Act if there are reasonable grounds to believe that
(i) the issues in respect of which the inquiry is recommended are so serious or so widespread that a public inquiry is necessary in the public interest,
(ii) an investigation conducted under this Part, even if followed by a public hearing, would be too limited in scope, and
(iii) powers granted under the Public Inquiry Act are needed;
(g) refer to Crown counsel a complaint, or one or more of the allegations in a complaint, for possible criminal prosecution.
(4) In exercising the police complaint commissioner's powers and duties under this Part in relation to a public trust complaint, the police complaint commissioner may receive and obtain information respecting the complaint from the parties and the discipline authority in the manner the police complaint commissioner considers appropriate including, without limitation, interviewing and taking statements from the discipline authority, the person making the complaint and the respondent.
(5) A person having records relating to a complaint must provide, on request, the police complaint commissioner with access to those records.
(6) On receiving a recommendation under subsection (3) (f), the minister may request the Lieutenant Governor in Council to appoint a commission under the Public Inquiry Act.
Section 50.1 BEFORE re-enacted by 2009-9-5, effective March 31, 2009 (Royal Assent).
Salary, expenses and benefits of police complaint commissioner
50.1 (1) The police complaint commissioner is entitled
(a) to be paid, out of the consolidated revenue fund, compensation as may be fixed by the Lieutenant Governor in Council, and
(b) to be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.
(2) [Repealed 1999-44-92.]
Section 51 (7) (b) BEFORE amended by 2003-88-22, effective December 1, 2003 (BC Reg 443/2003).
(b) the services provided by the Public Service Employee Relations Commission.
Section 51 BEFORE re-enacted by 2009-28-5, effective March 31, 2010 (BC Reg 60/2010).
Staff of police complaint commissioner
51 (1) The police complaint commissioner may appoint, in accordance with the Public Service Act, employees necessary to enable the police complaint commissioner to perform the duties of the office.
(2) For the purpose of the application of the Public Service Act to subsection (1) of this section, the police complaint commissioner is deemed to be a deputy minister.
(3) The police complaint commissioner may appoint a deputy police complaint commissioner, who may carry out the functions of the police complaint commissioner while the police complaint commissioner is temporarily absent for a period of not more than 30 days because of illness or any other reason.
(4) The police complaint commissioner may incur reasonable office and other expenses as may be necessary to discharge functions under this Act.
(5) The police complaint commissioner may retain consultants, mediators or other persons as may be necessary to discharge functions under this Act, and may establish their remuneration and other terms and conditions of their retainers.
(6) The Public Service Act does not apply in respect of a person retained under subsection (5) of this section.
(7) The police complaint commissioner may make a special report to the Legislative Assembly if the police complaint commissioner considers that one or both of the following are inadequate for fulfilling the duties of the office:
(a) the amounts and establishment provided for the office of police complaint commissioner in the estimates;
(b) the services provided by the BC Public Service Agency.
Section 51.01 (2) and (5) BEFORE amended by 2023-10-864, effective March 30, 2023 (Royal Assent).
(2) A person retained under section 51 (3) must take an oath before the police complaint commissioner not to divulge any information received in assisting the police complaint commissioner in the exercise of her or his powers or performance of her or his duties under this Act.
(5) The police complaint commissioner, any person employed, retained or designated by the police complaint commissioner, and every investigating officer must, except as specifically authorized under this Act, maintain confidentiality in respect of all matters that come to her or his knowledge in the exercise of powers or performance of duties under this Act.
Section 51.02 (g) BEFORE amended by 2024-16-63(a), effective April 25, 2024 (Royal Assent).
(g) the duty of the police complaint commissioner to appoint a retired judge as a discipline authority under section 135 (2) (b) [power to designate another discipline authority if in public interest];
Section 51.2 BEFORE re-enacted by 2009-28-6, effective March 31, 2010 (BC Reg 60/2010).
Review of this Part
51.2 (1) A special committee of the Legislative Assembly must begin a comprehensive review of this Part and the work of the police complaint commissioner within 3 years after this Part comes into force and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments to this Part that the committee recommends.
(2) As part of the review process contemplated by subsection (1), the committee must solicit and consider written and oral input from any interested person or organization.
Part 9, Division 3, sections 52, 52.1 and 52.2 BEFORE repealed by 2009-28-7, effective March 31, 2010 (BC Reg 60/2010).
Division 3 — Processing of Complaints
Submission of complaints
52 (1) A person may make a complaint under this Part
(a) against a municipal constable,
(b) against a chief constable or deputy chief constable, and
(c) about a municipal police department.
(2) The person may submit the complaint referred to in subsection (1) to any of the following:
(a) the police complaint commissioner;
(b) the discipline authority;
(c) the senior constable of the municipal police department with which the respondent, if any, is employed or about which the complaint is made, who is on duty at the time that the complaint is submitted.
(3) If a complaint is submitted to a person referred to in subsection (2) (b) or (c), the person receiving the complaint must
(a) provide the person submitting the complaint with any assistance that person requires in submitting the complaint,
(b) advise the person submitting the complaint that the complaint may also be submitted to the police complaint commissioner, and
(c) provide any other information or advice to the person submitting the complaint that may be required under the guidelines prepared by the police complaint commissioner under section 50 (3) (d).
(4) A complaint under this Part may initially be submitted orally or in writing but, before the complaint may be processed under Division 4 or 5, the complaint must be committed to writing in the prescribed form and that record of complaint must be lodged with one or more of the persons referred to in subsection (2) of this section.
(5) A person who receives a complaint under subsection (2) must, as required, assist the person submitting the complaint in completing a record of complaint.
(6) Despite section 65.1 and subsection (4) of this section, whether or not a complaint is submitted in writing and whether or not the complaint is made in confidence under section 65.1,
(a) the police complaint commissioner may inform Crown counsel of any allegation in the complaint that could constitute a criminal offence,
(b) a municipal or provincial constable may investigate any allegation in a complaint that a criminal offence was or may have been committed, and
(c) Crown counsel may proceed with criminal charges against the respondent.
(7) If a record of complaint is lodged with the police complaint commissioner or with the senior constable referred to in subsection (2) (c), that person must promptly after receipt provide a copy of that record,
(a) if the complaint appears to be or to include a conduct complaint against a chief constable, to the board by which that chief constable is employed, or
(b) in any other case, to the chief constable of the municipal police department about which the complaint is made or with which the respondent is employed.
(8) If a record of complaint is lodged with a municipal police department, the chief constable for that department must send a copy of that record to the police complaint commissioner within 10 business days after the complaint is lodged.
Characterizing record of complaint and notification
52.1 (1) Promptly after receiving a record of complaint under section 52 (7) (a) or (b), the recipient of that record must
(a) characterize the complaint as one or more of the following:
(i) a public trust complaint;
(ii) an internal discipline complaint;
(iii) a service or policy complaint, and
(b) otherwise begin to process the complaint under this Part.
(2) In making a decision on characterization under subsection (1) (a), the recipient referred to in that subsection may consult with the police complaint commissioner.
(3) Within 10 business days after making a decision on characterization under subsection (1) (a), the recipient referred to in subsection (1) must send notice of that decision to the police complaint commissioner and, if the characterization includes a conduct complaint, the recipient must also provide notice to the respondent that the complaint has been lodged unless the recipient determines that notification could jeopardize an investigation into the complaint.
(4) If the recipient withholds notice to a respondent under subsection (3), the recipient must advise the police complaint commissioner of the withholding and provide reasons for it.
(5) The police complaint commissioner may order the discipline authority of the respondent referred to in subsection (4) to provide the notice to the respondent and the discipline authority must, within 10 business days after becoming aware of that order, provide the required notice to the respondent.
(6) The police complaint commissioner must review a recipient's decision on characterization under this section and may
(a) confirm the characterization,
(b) overrule the characterization and independently characterize the complaint, or
(c) request further information.
(7) The police complaint commissioner must
(a) make a decision under subsection (6) (a) or (b) within 10 business days after
(i) receiving the decision on characterization, or
(ii) if further information is requested under subsection (6) (c), receiving that information, and
(b) promptly after making a decision, provide notice of that decision to
(i) the discipline authority,
(ii) the complainant, and
(iii) the respondent, if any, unless a decision has been made under this section to withhold notice of a complaint.
(8) The decision of the police complaint commissioner under subsection (6) (a) or (b) is final unless new information comes to the police complaint commissioner's attention, in which case the police complaint commissioner may
(a) change the characterization of the complaint, and
(b) make any other order allowed in relation to a complaint under this Part.
Withdrawal of complaint
52.2 (1) A complainant who wishes to withdraw a complaint that the complainant has lodged may at any time file a written notice of withdrawal with the discipline authority or the police complaint commissioner, or both.
(2) If the notice of withdrawal under subsection (1) is filed only with the discipline authority, the discipline authority must, within 10 business days after receipt, provide a copy of that notice to the police complaint commissioner.
(3) If the notice of withdrawal under subsection (1) is filed only with the police complaint commissioner, the police complaint commissioner must, within 10 business days after receipt, provide a copy of that notice to the discipline authority.
(4) After receiving a notice of withdrawal under subsection (1) or (2), the police complaint commissioner must, if the police complaint commissioner suspects that the notice of withdrawal may have been made under duress, make reasonable efforts to determine if duress was involved.
(5) If the police complaint commissioner determines that the notice of withdrawal was made under duress, the police complaint commissioner must order the discipline authority to conduct an investigation into one or more of the allegations in the complaint and to proceed with processing the complaint under this Part.
(6) If the police complaint commissioner determines that the notice of withdrawal was not made under duress, the police complaint commissioner may provide directions to the discipline authority with respect to the complaint.
(7) Directions provided under subsection (6) may, without limitation, include directions that the discipline authority conduct an investigation into any or all of the allegations in the complaint.
(8) The discipline authority must comply with any order made under subsection (5) or direction provided under subsection (6) and may, if and to the extent that it is not in conflict with that order or direction,
(a) continue to process the complaint under this Part, or
(b) summarily dismiss the complaint under section 54 (1).
(9) Subject to subsection (10), and despite any other provision of this Part, if the discipline authority continues to process a complaint after a notice of withdrawal is filed by the complainant under subsection (1), the complainant is not entitled to receive any records created after the date on which the notice of withdrawal is filed.
(10) If a public hearing is arranged in respect of a complaint referred to in subsection (1) and the complainant is required to be a witness at the public hearing, the complainant is entitled, on a request made to the discipline authority before the date of the public hearing, to receive all of the records that the complainant would otherwise have received during the processing of the complaint, and sections 56 (1) to (5), 57, 57.1, 58 (5) (a) and 59.1 apply.
Part 9, Division 4, sections 53, 53.1, 54, 54.1, 54.2, 55, 55.1, 55.2, 56, 56.1, 56.2, 57, 57.1, 58, 58.1, 59, 59.1, 60, 60.1, 61, 61.01, 61.02, 61.1, 61.2 and 62 BEFORE repealed by 2009-28-7, effective March 31, 2010 (BC Reg 60/2010).
Division 4 — Public Trust Complaints
Definitions
53 In this Division:
"complainant" does not include a third party complainant;
"third party complainant" means a person who has lodged a public trust complaint but who is not personally adversely affected by the conduct complained of.
Application of this Division to third party complainants
53.1 (1) Unless expressly provided to the contrary, this Division does not apply to third party complainants.
(2) Without limiting subsection (1), a third party complainant has none of the rights available to complainants under this Division except that if the public trust complaint lodged by the third party complainant results in discipline proceedings or criminal charges, the discipline authority must inform the third party complainant of the results.
Summary dismissal of public trust complaints
54 (1) A discipline authority may summarily dismiss a public trust complaint, whether or not the complainant or third party complainant has filed a notice of withdrawal under section 52.2, if the discipline authority is satisfied that
(a) the complaint is frivolous or vexatious,
(b) there is no reasonable likelihood that further investigation would produce evidence of a public trust default, or
(c) the complaint concerns an act or omission that, to the knowledge of the complainant or third party complainant, occurred more than 12 months before the complaint was made.
(2) Subject to this section, a public trust complaint that has been summarily dismissed under subsection (1) must not be investigated or further investigated under this Division, but nothing in this subsection prevents further action being taken in relation to any internal discipline component or service or policy component of the complaint.
(3) If a discipline authority decides to summarily dismiss a public trust complaint, the discipline authority must, within 10 business days after making that decision, provide to the complainant, the respondent and the police complaint commissioner written notice of the discipline authority's decision, the reasons for it and the recourse that is available to the complainant under this Part.
(4) A complainant may apply to the police complaint commissioner for a review of the decision of a discipline authority to summarily dismiss his or her complaint under this section.
(5) An application for a review under subsection (4) must be filed with the police complaint commissioner within 30 days after the date of the notice provided under subsection (3).
(6) Whether or not an application for a review is filed with the police complaint commissioner in relation to a public trust complaint that is summarily dismissed under this section, the police complaint commissioner must, within 30 days after the date of the notice provided under subsection (3),
(a) examine the discipline authority's decision and the reasons for the summary dismissal, and either
(i) confirm the discipline authority's decision, or
(ii) if the police complaint commissioner concludes that it is in the public interest to investigate the complaint, order the discipline authority to conduct an investigation into the complaint, and
(b) notify in writing the discipline authority, the complainant and the respondent of the outcome of the police complaint commissioner's examination under paragraph (a).
(7) The decision of a discipline authority to summarily dismiss a public trust complaint is final and the complaint is deemed to have been dismissed unless
(a) an application for review is received by the police complaint commissioner under subsection (5), or
(b) the police complaint commissioner makes an order under subsection (6) (a) (ii).
(8) Whether or not, within the time required by this section, an application for review is received under subsection (5) or an order is made under subsection (6) (a) (ii), the police complaint commissioner may at any time order a discipline authority to investigate a public trust complaint that has been summarily dismissed if new information is received that, in the opinion of the police complaint commissioner, requires an investigation.
(9) On receiving new information and ordering a discipline authority to investigate a public trust complaint under subsection (8), the police complaint commissioner must notify in writing the discipline authority, the complainant and the respondent of the nature of the new information and the reasons for ordering the investigation.
(10) The discipline authority to whom an order under subsection (6) (a) (ii) or (8) is directed must conduct the investigation ordered.
Informal resolution
54.1 (1) Unless the complaint is summarily dismissed under section 54, the discipline authority must, promptly after receiving a public trust complaint, and may, at any later time, determine whether an informal resolution of the complaint is appropriate.
(2) If an informal resolution is determined to be inappropriate, the discipline authority must proceed with an investigation of the complaint under section 55 or 55.1.
(3) Subject to subsection (4), if an informal resolution is determined to be appropriate, the discipline authority must seek the consent of the complainant and the respondent to informal resolution.
(4) The discipline authority must not proceed with an informal resolution of a complaint referred to in subsection (1) unless the complainant and the respondent consent to that procedure.
(5) The discipline authority may, for the purposes of informally resolving a complaint under this section, do one or both of the following:
(a) use any one or more means of alternate dispute resolution;
(b) enlist the assistance of a neutral and independent person as mediator.
(6) Informal resolution must be pursued in accordance with any guidelines respecting informal resolution that are established by the police complaint commissioner.
(7) Complainants have the right to seek advice before and during an attempt to informally resolve a complaint under this section and the discipline authority must inform the complainant of that right at the time that the complainant's consent to the process is being sought.
(8) The police complaint commissioner must make available a list of support groups and neutral dispute resolution service providers and agencies that may assist complainants with the informal resolution process under this section, and the person with whom a public trust complaint is lodged must provide that list to the complainant when the complaint is lodged.
(9) In the informal resolution process, a complainant may enlist the assistance of a support person of the complainant's choice or may ask the police complaint commissioner to appoint a support person for the complainant.
(10) A support person, enlisted or appointed under subsection (9), may
(a) be present at any interview about the complaint and at any mediation or informal resolution session, and
(b) participate at any of those sessions with the consent of the respondent.
(11) The complainant or respondent may ask the police complaint commissioner to appoint a mediator, if one has not already been enlisted under subsection (5) (b), and the police complaint commissioner may appoint a mediator if the police complaint commissioner considers it appropriate.
(12) No oral or written statement made or given by any person in the course of an attempt to resolve the complaint informally may be used or received as evidence in any civil, criminal or administrative proceeding, including, without limitation, a public hearing.
(13) Without limiting subsection (12), an apology by the complainant or respondent must not be admitted into evidence or construed as an admission of fault at any subsequent civil, criminal or administrative proceeding or in any subsequent proceeding under this Act.
(14) Whether or not a complaint is resolved informally under this section, the discipline authority must notify the complainant, the respondent and the police complaint commissioner of the results of any attempt at informal resolution.
Reaching resolution through informal resolution process
54.2 (1) Subject to subsection (3), a complaint is resolved when the complainant and the respondent
(a) sign a letter consenting to the resolution of the complaint in the manner set out in the letter, and
(b) provide that letter to the discipline authority, with a copy to the police complaint commissioner.
(2) Within 10 business days after signing the letter referred to in subsection (1), a signatory to that letter may, by written notice of revocation to the discipline authority or the police complaint commissioner, revoke the signatory's consent to the informal resolution.
(3) If a consent to an informal resolution is revoked under subsection (2),
(a) the resolution is of no effect, and
(b) the recipient of the notice of revocation must, within 10 business days after receiving the notice, provide notice of the revocation to those of the police complaint commissioner, the discipline authority, the complainant and the respondent who are not aware of that revocation.
(4) Unless the complainant or the respondent revokes consent under subsection (2), the informal resolution set out in the letter signed under subsection (1) is final and binding on them after the expiration of the period referred to in subsection (2).
(5) No disciplinary action may be taken against a respondent as a result of an informal resolution of a complaint until the informal resolution has become binding under subsection (4).
(6) A complainant's complaint that is resolved by informal resolution must not be entered in a respondent's service record of discipline, but may be entered in a respondent's personnel file.
(7) A record respecting an informal resolution that is entered in an officer's personnel file may only be opened
(a) for the purposes of deciding whether a subsequent attempt at informal resolution is appropriate, or
(b) for personnel matters unrelated to discipline.
Investigation of public trust complaints
55 (1) Subject to sections 54 and 55.1, if a record of complaint in respect of a public trust complaint is lodged under this Part, the discipline authority must promptly initiate an investigation into the complaint if
(a) informal resolution of the complaint is not attempted or is unsuccessful, or
(b) the discipline authority is ordered to conduct an investigation by the police complaint commissioner.
(2) If an investigation is not initiated within 45 days after the record of complaint is lodged, the discipline authority must notify the police complaint commissioner of the reasons for the delay.
(3) Despite any other provision of this Act, the police complaint commissioner may order an investigation into the conduct of a municipal constable, chief constable or deputy chief constable, whether or not a record of complaint has been lodged.
External investigation of public trust complaints
55.1 (1) The discipline authority must refer an investigation into a public trust complaint to another municipal police department or to the commissioner if
(a) the discipline authority considers an external investigation is necessary in order to preserve public confidence in the complaint process, or
(b) the police complaint commissioner so orders.
(2) On application by a complainant or a respondent or on the police complaint commissioner's own motion, the police complaint commissioner may make an order under subsection (1) (b) if the police complaint commissioner considers that an external investigation is necessary in the public interest.
Investigating officer
55.2 (1) Subject to subsection (2), a person employed by the police force or police department that is to conduct an investigation into a public trust complaint may be appointed as investigating officer by
(a) the chief constable of that police force or police department, or
(b) if the investigation is conducted by the provincial police force, the commissioner.
(2) A person must not be appointed as investigating officer under subsection (1) if
(a) the person's rank is not equal to or higher than the rank of the respondent, or
(b) the person has a connection with the complaint.
(3) If the discipline authority requests a report referred to in section 56, the investigating officer appointed to conduct the investigation must promptly provide the discipline authority with any information necessary for the discipline authority to comply with section 56 (1) and (5).
Reports during investigations and extensions of investigations
56 (1) Unless subsection (2) applies, the discipline authority must report to the complainant, the respondent and the police complaint commissioner on the progress of an investigation conducted under section 55 or 55.1 by providing to them
(a) an initial report within 45 days after the initiation of the investigation, and
(b) follow-up reports for so long as the investigation continues and at least once every 30 days after the date of the initial report.
(2) Subject to subsection (4), a report must not be sent to the complainant or respondent under subsection (1) if the discipline authority considers that sending the report to that person would hinder the investigation.
(3) If the discipline authority withholds a report under subsection (2), the discipline authority must advise the police complaint commissioner of the withholding and provide reasons for it.
(4) The police complaint commissioner may order the discipline authority to provide a report under subsection (1) to a person referred to in subsection (2) and the discipline authority must, within 10 business days after becoming aware of that order, provide the required report to the person.
(5) In addition to the reports provided under subsection (1), the police complaint commissioner may at any time request a progress report on an investigation and the discipline authority must provide that report to the police complaint commissioner within 10 business days after receiving that request.
(6) Within 10 business days after the conclusion of an investigation, the investigating officer must complete a report of the investigation, including in it his or her findings, conclusions, recommendations and any prescribed matters, and must
(a) provide that final investigation report and any other prescribed records to the discipline authority, and
(b) if the investigation was conducted under section 55.1 or 56.1 (3), provide a copy of that final investigation report and any other prescribed records to the police complaint commissioner.
(7) An investigation into a public trust complaint must be completed within 6 months after the date that the record of complaint is lodged under section 52 (4), unless the police complaint commissioner grants one or more extensions.
(8) For the purpose of subsection (7), an investigation is completed when the discipline authority has reviewed the final investigation report referred to in subsection (6) and has determined what course of action to follow.
(9) The police complaint commissioner may grant an extension under subsection (7) only if
(a) new investigative leads are discovered that could not have been revealed with reasonable care,
(b) the case or investigation is unusually complex, or
(c) the police complaint commissioner considers that an extension is in the public interest.
Role of police complaint commissioner in investigation
56.1 (1) The police complaint commissioner may appoint an employee under section 51 as an observer to an investigation under subsection (3) of this section, section 55 or 55.1 if, in the police complaint commissioner's judgment, the appointment is necessary in the public interest.
(2) The person appointed under subsection (1) must prepare for the police complaint commissioner an independent report on the investigation.
(3) The police complaint commissioner may, at any time, order a new investigation or an investigation by another municipal police department or the provincial police force if the police complaint commissioner concludes that the original investigation was inadequate or unreasonably delayed.
Reassignment or suspension pending an investigation and hearing
56.2 (1) If a municipal constable, chief constable or deputy chief constable is being investigated as a result of an allegation that that person committed an offence under a federal or provincial enactment or as a result of a complaint against that person under this Act, the discipline authority for that person may, until the completion of that investigation, reassign or suspend the person with his or her pay, if
(a) the discipline authority considers that
(i) reassignment or suspension of the person is needed to protect municipal constables or other persons from the risk of harm,
(ii) failure to reassign or suspend the person is likely to bring the reputation of the municipal police department as a whole into disrepute, or
(iii) there are grounds to believe that the person is incapable of carrying out his or her regular duties as a constable, and
(b) the discipline authority considers that there is no reasonable alternative available.
(2) During a period of suspension from duty, a municipal constable, chief constable or deputy chief constable must not exercise powers as a municipal constable, chief constable or deputy chief constable and must not wear or use the uniform or equipment of the municipal police department.
(3) At the earliest opportunity, and in any event within 10 business days after the suspension, the discipline authority must decide whether the suspension is to continue in effect or is to be rescinded with or without conditions.
(4) Unless subsection (5) applies, a municipal constable, chief constable or deputy chief constable under suspension for a period within which that person, if not suspended, would have worked one or more days
(a) must receive his or her pay and allowances for the number of days, up to 30, that he or she could have worked during the period of suspension had the suspension not been imposed, and
(b) may, at the discretion of the board, receive his or her pay for any day that he or she could have worked during the period of suspension, after the 30 days referred to in paragraph (a), had the suspension not been imposed.
(5) The board may, at any time, discontinue the pay and allowances of a municipal constable, chief constable or deputy chief constable who is under suspension if the allegation in response to which the suspension was imposed would, if proved, constitute a criminal offence.
(6) Written notice of a decision by the board to discontinue the pay and allowances of a municipal constable, chief constable or deputy chief constable must be given promptly to the municipal constable, chief constable or deputy chief constable, as the case may be, and that person may, within 10 business days after receipt, request a hearing before the board.
(7) Within 30 days after receiving a request under subsection (6), the board must hold a hearing to review the decision to discontinue pay and allowances.
(8) The person who requests a hearing under subsection (6) may appear at the hearing personally or by counsel or agent.
(9) A municipal constable, chief constable or deputy chief constable must receive his or her full pay and allowances for any unpaid period of suspension if
(a) the suspension related to an investigation resulting from an allegation that he or she committed an offence under a federal or provincial enactment,
(b) he or she is acquitted of all charges in proceedings before a criminal court or the charges are withdrawn, stayed or otherwise not proceeded with, and
(c) no disciplinary or corrective measures are imposed on him or her for the acts or omissions that constituted the alleged offence.
Disclosure of documents
57 (1) Within 10 business days after receiving the final investigation report, the discipline authority must provide to the complainant and to the respondent a summary of that report, including
(a) a concise factual account of any incident that brought about the complaint,
(b) a brief account of the investigative steps taken, and
(c) a brief account of the findings, conclusions and recommendations contained in that report,
and the discipline authority may sever from the summary provided any portions of the report that may be excepted from disclosure under the Freedom of Information and Protection of Privacy Act.
(2) The discipline authority must promptly after receipt provide the police complaint commissioner with a complete unedited copy of the final investigation report and, subject to subsection (3), provide the police complaint commissioner with any other record that
(a) concerns the complaint and the complainant or the third party complainant, as the case may be, and
(b) is in the custody or control of its municipal police department or, as the case may be, in the custody and control of its municipal police department and of the investigating officer's police force or police department,
including, without limitation,
(c) all related records,
(d) all reasons for imposing or not imposing disciplinary or corrective measures in relation to the complaint,
(e) all written policies or procedures that may have been a factor in the act or omission that gave rise to the complaint, and
(f) the respondent's service record of discipline.
(3) By agreement between a discipline authority and the police complaint commissioner, the requirement imposed on the discipline authority to provide the police complaint commissioner with a record referred to in subsection (2) may be satisfied if unlimited access to, inspection and production of the record is granted by the discipline authority to the satisfaction of the police complaint commissioner.
(4) Within 10 business days after receiving the summary of the final investigation report referred to in subsection (1), the complainant or respondent may apply to the police complaint commissioner for disclosure of all or part of the information that was severed from the copy of the report.
(5) The police complaint commissioner may disclose information requested under subsection (4) if the police complaint commissioner considers that
(a) disclosure is necessary for the applicant to pursue rights granted by this Act, and
(b) disclosure is appropriate having regard to the factors set out in Part 2 of the Freedom of Information and Protection of Privacy Act.
Notice to respondent and complainant
57.1 (1) Within 10 business days after receiving a final investigation report, the discipline authority must determine if the evidence contained in that report is sufficient to warrant the imposition of disciplinary or corrective measures and must,
(a) if it is determined that disciplinary or corrective measures are warranted, serve notice to that effect on the respondent and send a copy of that notice by registered mail to the complainant, or
(b) if it is determined that disciplinary or corrective measures are not warranted, send notice to that effect by registered mail to the respondent and the complainant, and subsection (4) applies.
(2) A notice provided under subsection (1) (a) must set out
(a) the nature of the complaint in sufficient factual detail to identify the incident,
(b) the alleged discipline defaults, identifying those sections of the Code of Professional Conduct alleged to be breached,
(c) whether the complaint was dealt with as a public trust complaint or as an internal discipline complaint,
(d) whether a prehearing conference will be offered, and
(e) a description of the response proposed by the discipline authority to each alleged discipline default.
(3) A complainant who is aggrieved by the determination made by the discipline authority under subsection (1) (b) may file with the police complaint commissioner a written request for a public hearing in accordance with section 60 (1) (b) and section 60 (2) applies.
(4) Unless the police complaint commissioner arranges a public hearing, a determination made under subsection (1) (b) is final and conclusive and is not open to question or review by a court on any ground.
Prehearing conferences
58 (1) If the discipline authority considers that the evidence contained in a final investigation report is sufficient to justify the imposition of disciplinary or corrective measures against a respondent and the discipline authority has complied with section 57.1 (1) and (2), the discipline authority may offer the respondent a confidential, without prejudice, prehearing conference to determine whether the respondent is willing to admit a public trust default and, if so, what disciplinary or corrective measures the respondent is willing to accept.
(2) A prehearing conference must not be offered if the discipline authority concludes that
(a) the complaint against the respondent is sufficiently serious to warrant dismissal or reduction in rank, or
(b) a prehearing conference would be contrary to the public interest.
(3) If a respondent accepts an offer for a prehearing conference under subsection (1), the respondent may be accompanied at the prehearing conference by one or both of the following:
(a) an agent;
(b) the respondent's counsel.
(4) A discipline authority must use the principles and guidelines set out in the Code of Professional Conduct in proposing and approving any disciplinary or corrective measures under this section.
(5) If disciplinary or corrective measures are accepted by a respondent and approved by the discipline authority at a prehearing conference in relation to any alleged discipline default respecting the complaint lodged, the discipline authority must,
(a) within 10 business days after the prehearing conference, serve on the complainant, or send to the complainant by registered mail, and provide the police complaint commissioner with, a report that sets out
(i) for each alleged discipline default,
(A) any disciplinary or corrective measure accepted and approved, and
(B) any policy change being considered by the discipline authority in respect of the matter,
(ii) the reasons for the proposed measures or policy changes,
(iii) any noted aggravating and mitigating factors in the case, subject to severing those portions of the disposition record that may be excepted from disclosure under the Freedom of Information and Protection of Privacy Act, and
(iv) the recourse available to the complainant under this section, and
(b) if the resolution is final and conclusive under subsection (7), record on the respondent's service record of discipline the respondent's admission, any disciplinary or corrective measure approved and the fact that the measure was voluntarily accepted by the respondent.
(6) A complainant who is aggrieved by the resolution of a public trust complaint under this section may file with the police complaint commissioner a written request for a public hearing in accordance with section 60 (1) (c) and section 60 (2) applies.
(7) Disciplinary or corrective measures accepted by a respondent and approved by the discipline authority at a prehearing conference constitute a resolution of the matter and, unless a public hearing in respect of the complaint is arranged by the police complaint commissioner, the resolution is final and conclusive and is not open to question or review by a court on any ground.
Convening discipline proceedings
58.1 (1) Subject to subsection (2), if it is determined under section 57.1 (1) (a) that imposition of disciplinary or corrective measures against a respondent is warranted and a prehearing conference is not offered or held under section 58 or, if held, does not result in a resolution of all alleged discipline defaults respecting the complaint, the discipline authority must
(a) convene and preside at a discipline proceeding,
(b) provide to the complainant at least 15 business days' notice of the discipline proceeding, and
(c) serve the respondent with at least 15 business days' notice, in the prescribed form, of the discipline proceeding.
(2) If at any time a public hearing is arranged by the police complaint commissioner in respect of a matter that is the subject of a discipline proceeding under subsection (1), the discipline authority must cancel the discipline proceeding.
(3) At any time before a discipline proceeding is held under this section, the complainant may make written or oral submissions to the discipline authority respecting the complaint, the adequacy of the investigation and the range of disciplinary or corrective measures that should be considered.
(4) The following persons may attend a discipline proceeding under this section:
(a) the police complaint commissioner or the police complaint commissioner's delegate;
(b) the respondent's agent or counsel, or both.
(5) The following persons must attend a discipline proceeding under this section:
(a) the respondent;
(b) the discipline authority;
(c) the investigating officer.
Conduct of discipline proceedings
59 (1) Each alleged discipline default respecting the complaint, other than those resolved at a prehearing conference held in respect of the matter under section 58, must be read to the respondent at a discipline proceeding, and the respondent must be asked to admit or deny the alleged discipline default.
(2) No witnesses, other than the investigating officer who prepared the final investigation report, may be called at a discipline proceeding and the only records that may be presented are the final investigation report, any separate reports prepared respecting the investigation and any other relevant written records, from which reports and records may be severed any portions that may be excepted from disclosure under the Freedom of Information and Protection of Privacy Act.
(3) The respondent is not compellable at a discipline proceeding under this section, but the respondent, or his or her agent or counsel, if any, may
(a) ask questions of the investigating officer who prepared the final investigation report, and
(b) make submissions concerning the complaint, the adequacy of the investigation and the range of disciplinary or corrective measures that should be considered.
(4) A discipline proceeding must be electronically recorded.
(5) At the conclusion of a discipline proceeding under this section, the discipline authority must
(a) in relation to each alleged discipline default under subsection (1), make a finding as to whether the discipline default has been proved on the civil standard of proof,
(b) record those findings in the prescribed form, and
(c) invite and hear submissions from the respondent, or his or her agent or counsel, as to appropriate disciplinary or corrective measures for each discipline default found to be proven under paragraph (a).
(6) Within 10 business days after hearing submissions from the respondent, or his or her agent or counsel, at the conclusion of a discipline proceeding under subsection (5), the discipline authority must
(a) propose disciplinary or corrective measures for each discipline default found to be proven under subsection (5) (a),
(b) record those proposed measures and the date in a disposition record in the prescribed form,
(c) include in the disposition record any aggravating or mitigating factors in the case, and
(d) serve a copy of the disposition record on the respondent.
Review of discipline proceedings
59.1 (1) Within 10 business days after the date of the disposition record referred to in section 59 (6), the discipline authority must
(a) serve on the complainant or send to the complainant by registered mail a report setting out
(i) the findings of the discipline authority under section 59 (5) (a),
(ii) any disciplinary or corrective measures proposed by the discipline authority under section 59 (6) (a) and any policy changes being considered by the discipline authority in respect of the complaint,
(iii) the reasons for the proposed measures or policy changes,
(iv) any noted aggravating and mitigating factors in the case, subject to severing those portions of the disposition record that may be excepted from disclosure under the Freedom of Information and Protection of Privacy Act, and
(v) the recourse available to the complainant under this section, and
(b) provide the police complaint commissioner with the entire unedited record of the proceedings, an unedited copy of the disposition record and a copy of the report sent to the complainant under paragraph (a).
(2) After receiving the records and report referred to in subsection (1) (b), the police complaint commissioner may
(a) order that the discipline authority provide to the police complaint commissioner further reasons justifying the particular disciplinary or corrective measures imposed, and
(b) provide those further reasons to the complainant and the respondent.
(3) A respondent or complainant who is aggrieved by the disposition of a public trust complaint proposed by a discipline authority in a disposition record may file with the police complaint commissioner a written request for a public hearing in accordance with section 60 (1) (a) or (d), as the case may be, and section 60 (2) applies.
(4) Unless a public hearing is arranged by the police complaint commissioner,
(a) the complainant and respondent referred to in this section are deemed to have accepted the proposed disposition,
(b) any disciplinary or corrective measures proposed under section 59 (6) (a) are final and binding, and
(c) the proposed disposition is final and conclusive and is not open to question or review by a court on any ground.
Request for a public hearing
60 (1) A written request for a public hearing must be received by the police complaint commissioner,
(a) in the case of a respondent, within 30 days after receiving the disposition record under section 59 (6),
(b) in the case of a complainant seeking a public hearing under section 57.1 (3), within 30 days after the later of
(i) the date on which the complainant received the notice under section 57.1 (1), and
(ii) the date on which the complainant receives the information disclosed by the police complaint commissioner under section 57 (5) or receives the decision of the police complaint commissioner that no further information will be disclosed,
(c) in the case of a complainant seeking a public hearing under section 58 (6), within 30 days after receiving the report provided under section 58 (5) (a), or
(d) in the case of a complainant seeking a public hearing under section 59.1 (3), within 30 days after receiving the report provided under section 59.1 (1) (a).
(2) Despite subsection (1), the police complaint commissioner may extend the period within which a public hearing may be requested if the police complaint commissioner considers that there are reasonable grounds for the delay in making the request.
(3) Promptly after receiving a request for a public hearing within the time limited by subsection (1) or (2), the police complaint commissioner must arrange a public hearing under section 60.1 if
(a) the request for a public hearing is made by a respondent and a disciplinary or corrective measure more severe than a verbal reprimand has been proposed for that respondent, or
(b) in any other case, the police complaint commissioner determines that there are grounds to believe that a public hearing is necessary in the public interest.
(4) The police complaint commissioner may arrange a public hearing without a request from either a complainant or respondent if the police complaint commissioner considers that there are grounds to believe that the public hearing is necessary in the public interest.
(5) In deciding whether a public hearing is necessary in the public interest, the police complaint commissioner must consider all relevant factors including, without limitation, the following factors:
(a) the seriousness of the complaint;
(b) the seriousness of the harm alleged to have been suffered by the complainant;
(c) whether there is a reasonable prospect that a public hearing would assist in ascertaining the truth;
(d) whether an arguable case can be made that
(i) there was a flaw in the investigation,
(ii) the disciplinary or corrective measures proposed are inappropriate or inadequate, or
(iii) the discipline authority's interpretation of the Code of Professional Conduct was incorrect;
(e) whether a hearing is necessary to preserve or restore public confidence in the complaint process or in the police.
(6) Within 10 business days after making a decision to arrange or to refuse to arrange a public hearing under this section, the police complaint commissioner must notify the discipline authority, complainant and respondent of that decision.
Ordering public hearings
60.1 (1) Public hearings respecting the disposition, proposed by a discipline authority, of a public trust complaint must be conducted before an adjudicator.
(2) If the police complaint commissioner arranges a public hearing under section 60 or orders a public hearing under section 64 (7),
(a) the police complaint commissioner must appoint a retired judge of the Provincial Court, the Supreme Court or the Court of Appeal to preside as an adjudicator at the public hearing, and
(b) the adjudicator appointed must arrange and set the earliest practicable date or dates for that public hearing.
(3) Subject to subsection (4), at least 15 business days before the scheduled date for a public hearing or continuation, the police complaint commissioner must serve the respondent, complainant and discipline authority with written notice of the date, time and place of the hearing.
(4) If, after reasonable effort, service cannot be effected on a complainant under subsection (3), the police complaint commissioner may provide the notice referred to in that subsection by registered mail to the complainant's last address known to, or on record with, the police complaint commissioner.
(5) to (8) [Repealed 1999-39-57.]
Public hearing procedures
61 (1) In this section, "commission counsel" means counsel appointed by the police complaint commissioner under subsection (2).
(2) The complaint commissioner must appoint counsel to present to an adjudicator the case relative to the alleged discipline defaults respecting a public trust complaint.
(3) For the purpose of a public hearing, commission counsel may
(a) call any witness who, in commission counsel's opinion, has relevant evidence to give, whether or not the witness was interviewed during the original investigation, and
(b) introduce into evidence any record, including, without limitation, any record of the proceedings concerning the complaint up to the date of the hearing;
(4) For the purpose of a public hearing,
(a) the respondent may examine or cross examine witnesses,
(b) the complainant and respondent may make oral or written submissions, or both, after all of the evidence is called, and
(c) the complainant and respondent may be represented by private counsel or an agent who may act on behalf of the complainant or respondent, as the case may be, under paragraphs (a) and (b).
(5) A public hearing must be open to the public unless, on the application of the complainant or respondent, the adjudicator orders that some or all of the hearing be held in private to protect a substantial and compelling privacy interest of one or more of the persons attending the hearing.
(6) The adjudicator must decide whether each alleged discipline default respecting the complaint has been proved on the civil standard of proof and may do one or more of the following:
(a) find that all, part or none of the alleged discipline default has been proved on the civil standard of proof;
(b) impose any disciplinary or corrective measures that may be imposed by a discipline authority;
(c) affirm, increase or reduce the disciplinary or corrective measures proposed by the discipline authority.
(7) Within 10 business days after reaching a decision under subsection (6), the adjudicator must provide notice of that decision to the complainant, respondent, discipline authority and police complaint commissioner.
(8) For the purposes of conducting a public hearing, the adjudicator may order a person to do either or both of the following:
(a) attend, in person or by electronic means, before the adjudicator to give evidence on oath or affirmation or in any other manner;
(b) produce for the adjudicator a record or thing in the person's possession or control.
(9) An order under subsection (8) must be in the form of a summons, served on the person by personal delivery or registered mail to the person's last known address.
Maintenance of order at hearings
61.01 (1) At a public hearing, the adjudicator may make orders or give directions that he or she considers necessary for the maintenance of order at the public hearing.
(2) Without limiting subsection (1), the adjudicator, by order, may
(a) impose restrictions on a person's continued participation in or attendance at a public hearing, and
(b) exclude a person from further participation in or attendance at a public hearing until the adjudicator orders otherwise.
Power to enforce summons and punish for contempt
61.02 (1) The adjudicator may make an order finding a person to be in contempt, and may impose a fine on or commit the person for contempt, if the person has been served with a summons under section 61 and fails or refuses to do any of the following:
(a) attend before the adjudicator;
(b) take an oath or make an affirmation;
(c) answer questions;
(d) produce records or things in the person's possession or control.
(2) The adjudicator may make an order finding a person to be in contempt, and may commit the person for contempt, if the person fails or refuses to comply with an order or direction under section 61.01.
(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the adjudicator.
(4) The adjudicator may call on the assistance of any peace officer to enforce an order made under this section or an order or direction made under section 61.01, and, if called on, the peace officer may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.
Compellability
61.1 (1) A respondent who is subject to a public trust complaint is not compellable to testify as a witness at a discipline proceeding, or at a public hearing, in respect of that complaint, but an adverse inference may be drawn from the respondent's failure to testify at the discipline proceeding or at the public hearing.
(2) Subject to the law of privilege, all witnesses, including, without limitation, municipal constables other than the respondent, are compellable at proceedings under this Part.
(3) Municipal constables, chief constables and deputy chief constables may be compelled to make statements
(a) in internal discipline proceedings, and
(b) at public hearings and inquiries under this Act.
(4) Nothing in this Act limits the rights of any person to the protection provided by the Canadian Charter of Rights and Freedoms against the use of voluntary or compelled statements in subsequent criminal or civil proceedings.
Immunity protection
61.2 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against an adjudicator of a public hearing, or a person acting on behalf of or under the direction of the adjudicator, because of anything done or omitted
(a) in the performance or intended performance of any duty in relation to a public hearing, or
(b) in the exercise or intended exercise of any power in relation to a public hearing.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Appeal
62 (1) An appeal on a question of law lies to the Court of Appeal, with leave of a justice of the Court of Appeal, from a decision of an adjudicator under section 61 (6).
(2) Technical errors as to form, failure to file or to give notice on time and other procedural errors of a minor nature do not go to jurisdiction and may not be appealed to the Court of Appeal on any ground, unless the error prejudiced a fair determination of the issues at the public hearing.
Section 61 (8) BEFORE amended by 2007-9-112, effective June 21, 2007 (BC Reg 226/2007).
(8) In conducting a public hearing, the adjudicator has the protections, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Sections 63 and 63.1 BEFORE repealed by 2009-28-7, effective March 31, 2010 (BC Reg 60/2010).
Division 5 — Service or Policy Complaints
Service or policy complaints
63 (1) Within 10 business days after making or confirming a characterization of a complainant's complaint as a service or policy complaint under section 52.1 (6), the police complaint commissioner must send a copy of the record of complaint to the board having authority over the municipal police department in respect of which the complaint is made.
(2) A discipline authority or an adjudicator who, while considering a conduct complaint, determines that the complaint also includes a service or policy complaint must, within 15 business days after that determination, notify the following of that determination:
(a) the board having authority over the municipal police department to which the complaint relates;
(b) the police complaint commissioner.
(3) If, in reviewing a complainant's complaint, the police complaint commissioner concludes that the complaint includes a service or policy complaint, the police complaint commissioner must notify the board having authority over the municipal police department to which the complaint relates, and the police complaint commissioner may include in the notice any recommendations that the police complaint commissioner considers advisable.
Investigation of service or policy complaints
63.1 (1) On receiving a copy of the record of complaint under section 63 (1) or a notice of a service or policy complaint under section 63 (2) or (3), the board having authority over the municipal police department to which the complaint relates must promptly do one or more of the following:
(a) request the chief constable of the municipal police department in respect of which the complaint is made to investigate and report on the complaint;
(b) initiate a study, concerning the complaint, with or without the assistance of the director, the Ministry of Public Safety and Solicitor General or another public body;
(c) initiate an investigation into the complaint;
(d) dismiss the complaint with reasons;
(e) take any other course of action the board considers necessary to respond adequately to the complaint.
(2) The police complaint commissioner may recommend that the board initiate an investigation into a service or policy complaint if the board does not choose to do so under subsection (1).
(3) Within 30 days after initiating an action under subsection (1), the board must notify the complainant, the director and the police complaint commissioner regarding the course of action that is being taken.
(4) The police complaint commissioner may request a status report from the board regarding the progress of an investigation or study concerning a service or policy complaint, and the police complaint commissioner must forward to the complainant a copy of any report the police complaint commissioner receives in response to that request.
(5) At the conclusion of an investigation or study under this section, the board must send to the complainant, the director and the police complaint commissioner
(a) an explanation of the course of action decided on under subsection (1) in respect of the service or policy complained of, and
(b) a detailed summary of the results of any investigation or study undertaken under subsection (1).
(6) A complainant who is dissatisfied with the board's decisions as disclosed under subsection (5) may ask the police complaint commissioner to review the decisions.
(7) Whether or not a complainant has asked for a review under subsection (6), the police complaint commissioner may review the decisions of a board under this section and may recommend to the board further investigation, study, courses of action or changes to service or policy.
(8) The police complaint commissioner must include in the police complaint commissioner's annual report any recommendations made to boards under subsection (7) and may comment on the responses received, if any.
(9) Despite anything in this section, the police complaint commissioner may
(a) recommend that the director exercise one or more of the director's functions under this Act, or
(b) recommend to the minister that an inquiry be made under the Public Inquiry Act.
(10) On receiving a recommendation under subsection (9) (b), the minister may request the Lieutenant Governor in Council to appoint a commission under the Public Inquiry Act.
Section 63.1 (9) (b) BEFORE amended by 2007-9-39(a), effective June 21, 2007 (BC Reg 226/2007).
(b) recommend that the Attorney General initiate an inquiry under the Inquiry Act.
Section 63.1 (1) (b) BEFORE amended by 108/2009 under RS1996-238-11, effective March 13, 2009 (BC Reg 108/2009).
(b) initiate a study, concerning the complaint, with or without the assistance of the director, the Ministry of Attorney General or another public body;
Section 64 BEFORE repealed by 2009-28-7, effective March 31, 2010 (BC Reg 60/2010).
Division 6 — Internal Discipline Complaints
Internal discipline complaints
64 (1) For the purposes of internal discipline complaints, the discipline authority must establish procedures, not inconsistent with this Act, for imposing all disciplinary and corrective measures for those complaints.
(2) The procedures established under subsection (1) take effect after
(a) a copy of the procedures is filed with the police complaint commissioner, and
(b) the board having authority over the municipal police department with respect to which the procedures are established approves of the procedures.
(3) For the purpose of internal discipline complaints, the discipline authority, the board and any arbitrator that may be appointed under the grievance procedure of the collective agreement may use, but are not restricted by, the Code of Professional Conduct
(a) to determine standards against which the conduct of a municipal constable, chief constable or deputy chief constable may be judged, and
(b) to impose disciplinary or corrective measures.
(4) The discipline authority must provide the police complaint commissioner with a copy of
(a) any recommendation on disciplinary or corrective measures arising from an internal discipline complaint, and
(b) the final decision reached by the discipline authority, by the board or by an arbitrator respecting an internal discipline complaint.
(5) If a municipal constable, chief constable or deputy chief constable is alleged to have committed an act or to have omitted to do an act and the act or omission would, if proved, constitute a disciplinary default, the discipline authority may deal with the allegation as a matter of internal discipline under this Division if
(a) the police complaint commissioner has not, under section 54 (6) (a) or (8) or 55 (3), ordered an investigation into the act or omission and has not arranged a public hearing in respect of that act or omission, and
(b) one or more of the following applies to the allegation:
(i) the act or omission does not constitute a public trust default;
(ii) a record of complaint was not lodged under section 52 in respect of the act or omission;
(iii) a record of complaint was lodged under section 52 in respect of the act or omission but the complainant has filed a notice of withdrawal under section 52.2 and the discipline authority has ceased to process the complaint under Division 4.
(6) On request of the police complaint commissioner, a discipline authority must provide any additional information about an internal discipline complaint that is in the possession or control of the municipal police department to which the complaint relates.
(7) If the police complaint commissioner concludes on the basis of information received that an internal discipline complaint should be dealt with as a public trust complaint, the police complaint commissioner may order a further investigation, a public hearing or both.
(8) Whether or not an act or omission of a municipal constable, chief constable or deputy chief constable is a disciplinary default, the discipline authority may determine any issues of competence and suitability to perform police duties that arise out of that act or omission, whether or not a complaint is lodged in respect of that act or omission.
Part 9, Division 7, sections 64.1, 65, 65.1, 65.2, 65.3, 66 and 66.1 BEFORE repealed by 2009-28-7, effective March 31, 2010 (BC Reg 60/2010).
Multiple complaints
64.1 (1) In this section, "compound complaint" means a record of complaint lodged under section 52 that is comprised of 2 or more of the following components:
(a) a public trust complaint against a municipal constable;
(b) an internal discipline complaint against a municipal constable;
(c) a public trust complaint against a chief constable or a deputy chief constable;
(d) an internal discipline complaint against a chief constable or a deputy chief constable;
(e) a service or policy complaint.
(2) Each component of a compound complaint must be processed as a separate complaint under Division 3 and whichever of Divisions 4, 5 and 6 is applicable to that component.
Criminal prosecutions and civil remedies not prohibited
65 (1) Nothing in this Act or the regulations prohibits
(a) civil or criminal proceedings against a respondent, or
(b) proceedings under the Labour Relations Code as to the interpretation, application or operation of a collective agreement.
(2) A decision by Crown counsel not to commence or proceed with criminal charges does not prohibit proceedings under this Act.
(3) Acquittal on a criminal charge arising out of the same facts and circumstances does not prohibit proceedings under this Act.
(4) Proceedings under this Act may be suspended until the conclusion of criminal proceedings brought against a municipal constable, chief constable or deputy chief constable or a complainant, and the period of that suspension of proceedings must not be counted for the purpose of proceedings under this Act.
Complaints made in confidence
65.1 (1) Municipal constables are entitled to report to the police complaint commissioner the alleged misconduct of any other municipal constable, including the alleged misconduct of a chief constable or a deputy chief constable, if the conduct in question could be the subject matter for a public trust complaint or an internal discipline complaint.
(2) A person who is not a municipal constable may, in submitting a complaint under section 52, request that the complaint be kept in confidence and, in that event, subsections (3) to (8) of this section apply as if the complaint were a report made under subsection (1) of this section.
(3) A report under this section may be made orally or in writing to the police complaint commissioner and, subject to subsection (7), may be made in confidence and without attribution as to source.
(4) Subject to subsection (7), an oral or written statement to the police complaint commissioner, made under conditions of confidentiality, must not be released or revealed to any other body or person in a manner that is likely to identify the person who made the statement, unless the person consents to the release or revelation.
(5) A record of a report or of any of the allegations constituting a report made in confidence under this section is inadmissible as evidence at any discipline proceeding or criminal proceeding without the consent of the person who made the report.
(6) The allegations constituting a report made in confidence under this section must not be processed under Division 4 or 5 and the person who made the report does not have any rights afforded to complainants under Divisions 3, 4 and 5, including, without limitation, the right to be informed of the results of the investigation into his or her allegations or to have a public hearing convened respecting those allegations.
(7) The police complaint commissioner may
(a) report to Crown counsel any allegations constituting a report made in confidence under this section, and
(b) order a discipline authority to conduct an investigation into the allegations constituting a report made in confidence under this section and, in that event, the discipline authority must take steps that are practical in the circumstances to investigate the complaint.
(8) Nothing in this section
(a) prohibits Crown counsel from proceeding with criminal charges against a respondent, or
(b) limits or excuses an officer's duty to make a statement for or to testify in an investigation, discipline proceeding, public hearing or inquiry that is conducted or held in relation to another officer under this Act.
Harassment prohibited
65.2 A person who makes a report about the conduct of an officer or submits a complaint under this Act must not be harassed, intimidated or retaliated against for making that report or submitting that complaint.
Service record of discipline
65.3 (1) The service record of discipline of a respondent must record the complaint dispositions in respect of all complaints against the respondent whether processed as public trust complaints or as internal discipline complaints.
(2) The service record of discipline of a respondent must be kept by the discipline authority in a secure place separate from the respondent's personnel file and the service record of discipline, without the discipline authority's authorization or the respondent's consent, may be disclosed only to the following persons:
(a) the respondent;
(b) the discipline authority;
(c) the police complaint commissioner;
(d) an adjudicator;
(e) if the respondent is a member of a police union, an arbitrator appointed under the collective agreement.
(3) If a disciplinary or corrective measure is imposed on or agreed to by a respondent, and the measure includes treatment, counselling or some other program, the respondent's service record of discipline must be updated by the discipline authority to indicate whether the treatment, counselling or other program was completed.
(4) Nothing in this section precludes the internal use of a service record of discipline for non-disciplinary action, including, without limitation, promotion, transfer and reassignment.
Appointment of representative for complainants
66 (1) Subject to subsection (3), the police complaint commissioner may appoint a representative for a complainant as follows:
(a) if the complainant is under 19 years of age, a parent or legal guardian or, if no parent or legal guardian is available or willing to act, a responsible adult;
(b) if the police complaint commissioner considers that the complainant is unable to assert his or her rights under this Act because of physical or mental disability, an adult of the complainant's choice or, if no such adult is identifiable, available or willing to act, a responsible adult;
(c) if the complainant dies after lodging a complaint, the administrator or executor of the estate of the complainant or, if no administrator or executor is available or willing to act, a responsible adult.
(2) A representative appointed under subsection (1) has all of the rights and responsibilities available to a competent adult complainant under this Act.
(3) In deciding whether to appoint a representative under this section, the police complaint commissioner must consider
(a) whether the complainant is capable of exercising the rights available to a complainant under this Part without the assistance of a representative, and
(b) the wishes of the complainant.
Freedom of Information and Protection of Privacy Act does not apply
66.1 Except as provided by this Act and by section 3 (3) of the Freedom of Information and Protection of Privacy Act, that Act does not apply to any record that
(a) arises out of or is otherwise related to the making, submitting, lodging or processing of a conduct complaint under this Part, and
(b) is created on or after the conduct complaint is made, submitted or lodged.
Section 66.1 BEFORE amended by 2004-64-22, effective October 21, 2004 (Royal Assent).
66.1 Except as provided by this Act, the Freedom of Information and Protection of Privacy Act does not apply to any record that
(a) arises out of or is otherwise related to the making, submitting, lodging or processing of a conduct complaint under this Part, and
(b) is created on or after the conduct complaint is made, submitted or lodged.
Part 9.1, sections 66.2 to 66.9 were enacted by 2007-8-61, effective December 31, 2006 [retro from March 29, 2007 (Royal Assent)].
Section 66.2 (1) definition of "contributing area", paragraph (a.1) was added by 2007-36-146(a), effective April 3, 2009 (BC Reg 55/2009).
Section 66.2 (1) definition of "owner", paragraph (b) BEFORE amended by 2007-36-146(b), effective April 3, 2009 (BC Reg 55/2009).
(b) with respect to real property in a rural area, an owner as defined in the Assessment Act;
Section 66.2 (1) definition of "police taxes" BEFORE amended by 2007-36-146(c), effective April 3, 2009 (BC Reg 55/2009).
"police taxes" means taxes levied under this Part;
Section 66.2 (1) definition of "taxing treaty first nation" was added by 2007-36-146(d), effective April 3, 2009 (BC Reg 55/2009).
Section 66.2 (1) BEFORE amended by 2014-32-47, effective December 31, 2014 (BC Reg 228/2014).
"contributing area", in relation to a taxation year, means
(a) a municipality that is not providing policing and law enforcement under section 3 (2) on April 1 of the taxation year,
(c) the area of the Province outside a regional district;
"finance minister" means the minister charged with the administration of the Financial Administration Act;
"owner" means,
(a) with respect to real property in a municipality, an owner as defined in the Community Charter, and
(b) with respect to real property in the treaty lands of a taxing treaty first nation or another rural area, an owner as defined in the Assessment Act;
"police taxes",
(a) in relation to contributing areas other than the treaty lands of a taxing treaty first nation, means taxes levied under this Part, and
(b) in relation to a contributing area that is the treaty lands of a taxing treaty first nation, means amounts requisitioned from it under this Part by notice under section 66.4 (1);
"revenue minister" means the minister charged with the administration of the Taxation (Rural Area) Act;
"solicitor general" means the minister charged with the administration of Part 2 of this Act;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act.
Section 66.2 (1) definition of "Nisg̱a'a pipeline lands" was added by 2014-32-47, effective December 31, 2014 (BC Reg 228/2014).
Section 66.2 (1.1) and (1.2) BEFORE amended and (1.11) was added by 2014-32-48, effective December 31, 2014 (BC Reg 228/2014).
(1.1) Despite paragraph (a.1) of the definition of "contributing area", the treaty lands of a treaty first nation are not a contributing area if the treaty first nation provides funding for policing and law enforcement services within the treaty lands under an agreement under this section
(a) with the minister respecting funding for policing and law enforcement services provided within its treaty lands by the provincial police force, or
(b) approved by the minister, with a municipality that has a municipal police department, respecting funding for policing and law enforcement services provided within its treaty lands by that municipal police department.
(1.2) An agreement under subsection (1.1) must contain terms that the Lieutenant Governor in Council approves.
Section 66.2 (1) definition of "police taxes", paragraph (a) BEFORE amended by 2015-41-23, effective December 31, 2014 [retro from November 17, 2015 (Royal Assent)].
(a) in relation to contributing areas other than the treaty lands of a taxing treaty first nation, means taxes levied under this Part, and
Section 66.2 (2) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(2) So far as the terms defined can be applied, the definitions established by or applicable under
(a) the Schedule to the Community Charter, and
(b) section 5 of the Local Government Act
apply for the purposes of this Part.
Section 66.2 (1) definition of "taxing treaty first nation" BEFORE amended by 2024-13-157, effective April 25, 2024 (Royal Assent).
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act.
Section 66.2 (1) definition of "net taxable value" was added by 2024-13-156(a), effective January 1, 2025.
Section 66.2 (1) definitions of "Nisga'a pipeline lands" and "taxing treaty first nation" BEFORE repealed by 2024-13-156(b) and (f), effective January 1, 2025.
"Nisg̱a'a pipeline lands" means Nisg̱a'a Lands, including improvements, that are owned, held, used or occupied for the purpose of the transmission of natural gas or petroleum by pipeline or for purposes directly ancillary to that purpose, but does not include any improvements, whether or not using or occupying the same land, if the improvements are for any other purpose;
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Property Taxation Enabling Act.
Section 66.2 (1) definitions of "owner" and "police taxes" BEFORE amended by 2024-13-156(c) to (e), effective January 1, 2025.
"owner" means,
(a) with respect to real property in a municipality, an owner as defined in the Community Charter, and
(b) with respect to real property in the treaty lands of a taxing treaty first nation, Nisg̱a'a Lands or another rural area, an owner as defined in the Assessment Act;
"police taxes",
(a) in relation to contributing areas other than the treaty lands of a taxing treaty first nation or Nisg̱a'a Lands, means taxes levied under this Part,
(b) in relation to the treaty lands of a taxing treaty first nation, means amounts requisitioned from the taxing treaty first nation by notice under section 66.4 (1) (b), and
(c) in relation to Nisg̱a'a Lands, means amounts requisitioned from the Nisg̱a'a Nation by notice under section 66.4 (1) (b) and, beginning in the 2025 taxation year, the amount set out for Nisg̱a'a pipeline lands in a notice under section 66.4 (2) (b);
Section 66.2 (1.1) (a) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(a) with the minister respecting funding for policing and law enforcement services provided within its treaty lands by the provincial police force, or
Section 66.2 (1.11) (a) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(a) with the minister, respecting funding for policing and law enforcement services provided within Nisg̱a'a Lands by the provincial police force, or
Section 66.21 (4) BEFORE amended by 2007-13-64, effective September 24, 2007 (BC Reg 292/2007).
(4) On or before October 31 of each year, the solicitor general must give notice to the assessment commissioner identifying, for the purposes of completing the assessment roll, the contributing areas for the next taxation year.
Section 66.21 (1) BEFORE amended by 2007-36-148, effective April 3, 2009 (BC Reg 55/2009).
(1) The Province may levy a tax in the contributing areas to raise revenue for the cost of providing policing and law enforcement services in all contributing areas.
Section 66.21 (1) BEFORE amended and (1.1) was added by 2014-32-49, effective December 31, 2014 (BC Reg 228/2014).
(a) levy a tax in the contributing areas that are not treaty lands of a taxing treaty first nation, and
(b) requisition amounts in the case of the treaty lands of a taxing treaty first nation
to raise revenue for the cost of providing policing and law enforcement services in all contributing areas.
Section 66.21 (2) (part) BEFORE amended by 2021-18-53, effective January 1, 2022.
(2) For the purposes of subsection (1), the solicitor general must estimate for a taxation year the total cost to the Province of providing policing and law enforcement services to all contributing areas, taking into account the following factors based on the most recent information available to the solicitor general:
Section 66.21 (5) BEFORE amended by 2021-18-53, effective January 1, 2022.
(5) On or before April 1 of each taxation year, the solicitor general must provide to the finance minister the estimate under subsection (2) for the taxation year.
Section 66.21 (1) (a) and (b) BEFORE amended by 2024-13-158(a), effective January 1, 2025.
(a) levy a tax in cases of contributing areas that are neither treaty lands of a taxing treaty first nation nor Nisg̱a'a Lands other than Nisg̱a'a pipeline lands, and
(b) requisition amounts in cases of contributing areas that are treaty lands of a taxing treaty first nation or Nisg̱a'a Lands other than Nisg̱a'a pipeline lands
Section 66.21 (1.1) BEFORE repealed by 2024-13-158(b), effective January 1, 2025.
(1.1) Despite subsection (1) (a), the Province may levy police taxes in Nisg̱a'a pipeline lands beginning only in the 2025 taxation year.
Section 66.21 (2) (a) and (b) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(a) the number of general duty and investigative unit members of the provincial police force assigned for the year to provincial police force detachments that provide policing and law enforcement services to the contributing areas;
(b) the average annual cost of a general duty or investigative unit member of the provincial police force to municipalities with populations between 5 000 and 15 000 that provide policing and law enforcement under section 3 (2).
Section 66.3 (3) BEFORE amended by 2007-36-149(a), effective April 3, 2009 (BC Reg 55/2009).
(3) On or before May 4 of each year, the Lieutenant Governor in Council must
(a) apportion the amount determined under subsection (1) among the contributing areas, and
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area in order to recover from each of those contributing areas the amount apportioned to it under paragraph (a).
Section 66.3 (6) BEFORE amended by 2007-36-149(b), effective April 3, 2009 (BC Reg 55/2009).
(6) On the request of a regional district on or before October 31 of the calendar year before a taxation year, the Lieutenant Governor in Council may
(a) reapportion among the contributing areas of the regional district the total amount apportioned to those areas under subsection (3) (a) for the taxation year, and
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area in the regional district in order to recover from each of those contributing areas the amount reapportioned to it under paragraph (a).
Section 66.3 (3) BEFORE amended and (8) was added by 2014-32-50, effective December 31, 2014 (BC Reg 228/2014).
(3) On or before May 4 of each year, the Lieutenant Governor in Council must
(a) apportion the amount determined under subsection (1) among the contributing areas,
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area that is not treaty lands of a taxing treaty first nation in order to recover from each of those contributing areas the amount apportioned to it under paragraph (a), and
(c) determine the rates that, if applied to the net taxable value of land and improvements in the treaty lands of a taxing treaty first nation, would generate the amount apportioned to it under paragraph (a).
Section 66.3 (2) BEFORE amended by 2021-18-54, effective January 1, 2022.
(2) The amount under subsection (1) must not exceed 50% of the amount the solicitor general estimates under section 66.21 (2) for the taxation year.
Section 66.3 (6) (b) and (c) BEFORE amended by 2024-13-159(a), effective January 1, 2025.
(b) determine the rates to be applied to the net taxable value of land and improvements in each contributing area in the regional district that is not treaty lands of a taxing treaty first nation in order to recover from each of those contributing areas the amount apportioned to it under paragraph (a), and
(c) determine the rates that, if applied to the net taxable value of land and improvements in the treaty lands of a taxing treaty first nation, would generate the amount apportioned to it under paragraph (a).
Section 66.3 (8) BEFORE repealed by 2024-13-159(b), effective January 1, 2025.
(8) For the purposes of section 66.4 (1), the amount apportioned under subsection (3) (a) of this section to Nisg̱a'a Lands must be further apportioned between Nisg̱a'a pipeline lands and the other Nisg̱a'a Lands by applying the rates determined under subsection (3) (b) of this section for Nisg̱a'a Lands to the net taxable value of land and improvements in each of the Nisg̱a'a pipeline lands and the other Nisg̱a'a Lands.
Section 66.4 BEFORE re-enacted by 2007-36-150, effective April 3, 2009 (BC Reg 55/2009).
Requisitioning police taxes
66.4 (1) On or before May 10 of each year, the revenue minister must send to the collector of each municipality that is a contributing area a notice setting out
(a) the net taxable value of land and improvements in the municipality,
(b) the amount of police taxes apportioned to the municipality under section 66.3 (3) (a) or (6) (a), as applicable, and
(c) the rates determined for the municipality under section 66.3 (3) (b) or (6) (b), as applicable.
(2) On or before May 10 of each year, the revenue minister must send the Surveyor of Taxes a notice setting out
(a) the net taxable value of land and improvements in each electoral area of the Province and in the area of the Province outside a regional district,
(b) the amount of police taxes apportioned to each electoral area in the Province, and to the area of the Province outside a regional district, under section 66.3 (3) (a) or (6) (a), as applicable, and
(c) the rates determined for each electoral area in the Province, and for the area of the Province outside a regional district, under section 66.3 (3) (b) or (6) (b), as applicable.
Section 66.4 BEFORE re-enacted by 2014-32-51, effective December 31, 2014 (BC Reg 228/2014).
Requisitioning police taxes
66.4 (1) On or before May 10 of each year, the revenue minister must send to the collector of each municipality, and each taxing treaty first nation, that is a contributing area, a notice setting out
(a) the net taxable value of land and improvements in the municipality or treaty lands,
(b) the amount of police taxes apportioned to the municipality or taxing treaty first nation under section 66.3 (3) (a) or (6) (a), as applicable, and
(c) the rates determined for the municipality or treaty lands under section 66.3 (3) (b) or (6) (b), as applicable.
(2) On or before May 10 of each year, the revenue minister must send to the Surveyor of Taxes a notice setting out
(a) the net taxable value of land and improvements in
(i) treaty lands, except treaty lands of taxing treaty first nations,
(ii) each electoral area in the Province, and
(iii) the area of the Province outside a regional district,
(b) the amount of police taxes apportioned under section 66.3 (3) (a) or (6) (a), as applicable, to
(i) treaty lands, except the treaty lands of taxing treaty first nations,
(ii) each electoral area in the Province, and
(iii) the area of the Province outside a regional district, and
(c) the rates determined under section 66.3 (3) (b) or (6) (b), as applicable, for
(i) treaty lands, except the treaty lands of taxing treaty first nations,
Section 66.4 (1) BEFORE amended by 2024-13-160(a) to (c), effective January 1, 2025.
(1) On or before May 10 in each year, the revenue minister must send to the collector of each municipality that is a contributing area, to each taxing treaty first nation, unless section 66.2 (1.1) applies to the treaty lands of the taxing treaty first nation for the taxation year, and to the Nisg̱a'a Nation, unless section 66.2 (1.11) applies to Nisg̱a'a Lands for the taxation year, a notice setting out
(a) the net taxable value of land and improvements in, as applicable, the municipality, treaty lands of the taxing treaty first nation or Nisg̱a'a Lands other than Nisg̱a'a pipeline lands,
(b) the amount of police taxes apportioned, as applicable, to the municipality or taxing treaty first nation under section 66.3 (3) (a) or (6) (a), as applicable, or further apportioned to Nisg̱a'a Lands, other than Nisg̱a'a pipeline lands, under section 66.3 (8), and
(c) the rates determined, as applicable, for the municipality or treaty lands of the taxing treaty first nation under section 66.3 (3) (b) or (6) (c), or Nisg̱a'a Lands under section 66.3 (3) (b).
Section 66.4 (2) BEFORE amended by 2024-13-160(d) to (f), effective January 1, 2025.
(2) On or before May 10 in each year, the revenue minister must send to the Surveyor of Taxes a notice setting out
(a) the net taxable value of land and improvements
(i) in the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) in each electoral area in the Province, excluding Nisg̱a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, in Nisg̱a'a pipeline lands, and
(iv) in the area of the Province outside a regional district,
(b) the amount of police taxes apportioned under section 66.3 (3) (a), (6) (a) or (8)
(i) to the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) to each electoral area in the Province, excluding Nisg̱a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, to Nisg̱a'a pipeline lands, and
(iv) to the area of the Province outside a regional district, and
(c) the rates determined under section 66.3 (3) (b) or (6) (b)
(i) for the treaty lands of each treaty first nation, except the treaty lands of taxing treaty first nations,
(ii) for each electoral area in the Province, excluding Nisg̱a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
(iii) beginning in the 2025 taxation year, for Nisg̱a'a pipeline lands, and
(iv) for the area of the Province outside a regional district.
Section 66.51 (1) (a) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(a) installments during the calendar year, as prescribed by the Lieutenant Governor in Council, and
Section 66.51 (2) BEFORE amended by 2016-5-43,Sch 5 and 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(2) A regulation under subsection (1) (a) may prescribe the installment amounts and the manner in which and the times at which installments are to be paid by a municipality, and the amounts, manner and times may be different for different municipalities collecting police taxes.
Section 66.51 (1) (b) BEFORE amended by 2020-19-14, effective June 30, 2020 [retro from August 14, 2020 (Royal Assent)].
(b) on the 5th business day after the calendar year end, all outstanding police taxes, whether or not they have been collected.
Section 66.51 (3) BEFORE amended by 2020-19-14, effective June 30, 2020 [retro from August 14, 2020 (Royal Assent)].
(3) Despite subsection (1) (b), a municipality may pay to the finance minister, on the 5th business day after a calendar year end and on the last day of each succeeding month until all police taxes imposed for the previous taxation year have been collected, the amount of police taxes it collects by each of those dates.
Section 66.62 BEFORE re-enacted by 2024-13-163, effective January 1, 2025.
Payment of police taxes by taxing treaty first nation
66.62 The amount specified in a notice received by a taxing treaty first nation under section 66.4 (1) as the amount of police taxes apportioned to the taxing treaty first nation is a debt due from the taxing treaty first nation to the government and must be paid to the finance minister on or before August 1 of the year in which the notice is sent.
Section 66.63 (part) BEFORE amended by 2024-13-164, effective January 1, 2025.
Payment of police taxes by Nisg̱a'a Nation
66.63 The amount specified in a notice received by the Nisg̱a'a Nation under section 66.4 (1) as the amount of police taxes apportioned to Nisg̱a'a Lands, other than Nisg̱a'a pipeline lands, is a requisition from the finance minister, payable on or before August 1 of the year in which the notice is sent and bearing interest at the rate prescribed under section 66.71 (3) from August 1 until the date the amount is received by the finance minister.
Section 66.7 (3) BEFORE amended by 2007-36-153, effective April 3, 2009 (BC Reg 55/2009).
(3) Subject to this Part and the Assessment Act, the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of police taxes in an electoral area or the area of the Province outside a regional district, including to the addition of penalties and interest to delinquent police taxes, as if the police taxes were taxes imposed under the Taxation (Rural Area) Act.
Section 66.7 (3) BEFORE amended by 2014-32-54, effective December 31, 2014 (BC Reg 228/2014).
(3) Subject to this Part and the Assessment Act, the Taxation (Rural Area) Act applies to the assessment, levy, collection and recovery of police taxes in treaty lands, except treaty lands of a taxing treaty first nation, an electoral area or the area of the Province outside a regional district, including to the addition of penalties and interest to delinquent police taxes, as if the police taxes were taxes imposed under the Taxation (Rural Area) Act.
Section 66.7 (3) (a), (b) and (c) BEFORE amended by 2024-13-165, effective January 1, 2025.
(a) the treaty lands of a treaty first nation, except the treaty lands of taxing treaty first nations,
(b) an electoral area, excluding Nisg̱a'a Lands in the case of Electoral Area "A" of the Kitimat-Stikine Regional District,
Section 66.71 (1) (a) and (b) BEFORE amended by 2007-36-154(a), effective April 3, 2009 (BC Reg 55/2009).
(a) a municipality is required to pay to the finance minister under section 66.51, and
(b) have not been paid as required under that section.
Section 66.71 (2) BEFORE amended by 2007-36-154(b), effective April 3, 2009 (BC Reg 55/2009).
(2) A municipality must pay interest on its unpaid taxes to the finance minister.
Section 66.71 (4) and (5) BEFORE amended by 2007-36-154(c), (d) and (e), effective April 3, 2009 (BC Reg 55/2009).
(4) The revenue minister may give notice to a municipality of the
(a) amount of the municipality's unpaid taxes,
(b) interest that is payable under this section on the unpaid taxes,
(c) date by which payment of the unpaid taxes and the interest is required, and
(d) power of the Surveyor of Taxes under subsection (5) if that payment is not made as required.
(5) If a municipality to which a notice is sent under subsection (4) does not pay the unpaid taxes and the interest referred to in the notice by the date required, the Surveyor of Taxes may disallow all or part of the administration fee that the municipality would otherwise be entitled to retain under section 66.9.
Section 66.71 (1) (a) and (b) BEFORE amended by 2014-32-55, effective December 31, 2014 (BC Reg 228/2014).
(a) a municipality is required to pay to the finance minister under section 66.51 or a taxing treaty first nation is required to pay to the finance minister under section 66.62, and
(b) have not been paid as required under section 66.51 or 66.62, as applicable.
Section 66.71 (4) and (5) BEFORE amended by 2014-32-55, effective December 31, 2014 (BC Reg 228/2014).
(4) The revenue minister may give notice to a municipality or taxing treaty first nation of the
(a) amount of the municipality's or taxing treaty first nation's unpaid taxes,
(b) interest that is payable under this section on the unpaid taxes,
(c) date by which payment of the unpaid taxes and the interest is required, and
(d) power of the Surveyor of Taxes under subsection (5) if that payment is not made as required.
(5) If a municipality or taxing treaty first nation to which a notice is sent under subsection (4) does not pay the unpaid taxes and the interest referred to in the notice by the date required, the Surveyor of Taxes may disallow all or part of the administration fee that the municipality or taxing treaty first nation would otherwise be entitled to retain under section 66.9.
Section 66.71 (1) (a) BEFORE amended by 2024-13-166(a), effective January 1, 2025.
(a) a municipality is required to pay to the finance minister under section 66.51, a taxing treaty first nation is required to pay to the finance minister under section 66.62 or are requisitioned from the Nisg̱a'a Nation by the finance minister under section 66.63, and
Section 66.71 (2) BEFORE amended by 2024-13-166(b), effective January 1, 2025.
(2) A municipality or taxing treaty first nation must pay interest on its unpaid taxes to the finance minister.
Section 66.71 (4) and (4) (a) BEFORE amended by 2024-13-166(c) and (d), effective January 1, 2025.
(4) The revenue minister may give notice to a municipality, a taxing treaty first nation or the Nisg̱a'a Nation of the
(a) amount of the municipality's, taxing treaty first nation's or Nisg̱a'a Nation's unpaid taxes,
Section 66.71 (5) BEFORE amended by 2024-13-166(e), effective January 1, 2025.
(5) If a notice is sent under subsection (4) and the applicable municipality, the applicable taxing treaty first nation or the Nisg̱a'a Nation does not pay the unpaid taxes and the interest referred to in the notice by the date required, the Surveyor of Taxes may disallow all or part of the administration fee that the municipality, taxing treaty first nation or Nisg̱a'a Nation would otherwise be entitled to under section 66.9.
Section 66.81 (2) BEFORE amended by 2014-32-56, effective December 31, 2014 (BC Reg 228/2014).
(2) The collector of each municipality that receives a notice under section 66.4 (1) and the Surveyor of Taxes must prepare and mail to each person named on the real property tax roll or assessment roll as an assessed owner in the municipality, electoral area or area outside a regional district, as applicable, a notice setting out the police taxes payable for a taxation year.
Section 66.81 (2) BEFORE amended by 2024-13-167, effective January 1, 2025.
(2) The collector of each municipality that receives a notice under section 66.4 (1) and the Surveyor of Taxes must prepare and mail to each person named on the real property tax roll or assessment roll as an assessed owner in the municipality, electoral area, area outside a regional district or, beginning in the 2025 taxation year, Nisg̱a'a pipeline lands, as applicable, a notice setting out the police taxes payable for a taxation year.
Section 66.9 BEFORE amended by 2012-8-80, effective May 14, 2012 (Royal Assent).
66.9 On or before April 10 of each year, the revenue minister may, by order, authorize the amount of an administration fee that may be retained by a municipality from police taxes collected by the municipality.
Section 67 (part) BEFORE amended by 2009-28-8, effective March 31, 2010 (BC Reg 60/2010).
In any proceeding, an order, rule, report, record or certificate signed by the police complaint commissioner, a discipline authority, as defined in section 46, or by the director or by a member of the board or committee that made the order, rule, report, record or certificate, is evidence of
Section 68 BEFORE amended by 2024-16-66, effective May 1, 2025 (BC Reg 48/2025).
Requests for temporary assistance
68 (1) The provincial police force, a municipal police department or a designated policing unit must, on receiving a request for temporary assistance made by another police force, police department or designated policing unit, assign to the requesting police force, police department or designated policing unit the officers and equipment practicable to assign for the purpose.
(2) A police force, police department or designated policing unit that requests and receives assistance under subsection (1) is responsible for all costs of that assistance.
Section 68.1 (1) definitions of "designated service provider" and "protected person" were added by 2004-67-31(a), effective October 21, 2004 (Royal Assent).
Section 68.1 (6) (a) (ii) BEFORE amended by 2024-16-69, effective April 25, 2024 (Royal Assent).
(ii) the entity on behalf of which a designated policing unit or designated law enforcement unit is established under section 4.1 or 18.1, in the case of a designated policing unit or designated law enforcement unit, and
Section 68.1 (1) definition of "law enforcement service", paragraph (a) BEFORE amended by 2024-16-67, effective May 1, 2025 (BC Reg 48/2025).
Section 69 (2) (d) BEFORE amended by 2023-10-865, effective March 30, 2023 (Royal Assent).
(d) a matter concerning information that a person has requested he or she be allowed to give in private to the board or committee.
Section 70 (3) BEFORE amended by 2024-16-13, effective May 1, 2025 (BC Reg 48/2025).
(3) The minister may, by regulation, require that an employee of the provincial police force take an oath or affirmation in the form and manner the minister prescribes.
Section 72 BEFORE amended by 2009-21-5,Sch 2, effective October 29, 2009 (Royal Assent).
72 The Ombudsman Act does not apply to this Act or the regulations.
Section 74 (2) (k) BEFORE amended by 2009-28-9(a), effective March 31, 2010 (BC Reg 60/2010).
(k) providing for the payment of fees and expenses to witnesses at hearings or appeals under this Act;
Section 74 (2) (o) to (q) BEFORE repealed by 2009-28-9(b), effective March 31, 2010 (BC Reg 60/2010).
(o) prescribing the procedures to be followed at public hearings, as defined in section 46;
(p) prescribing a code of conduct applicable to a class of officers, for the purposes of
(i) Part 9 or any disciplinary matter, and
(ii) establishing guidelines concerning appropriate disciplinary or corrective measures for officers of that class;
(q) making all or any part of Part 9 applicable, with any modifications that the minister considers necessary or advisable, to a class of officers, other than municipal constables;
Section 74 (3) (part) BEFORE amended by 2009-28-9(c), effective March 31, 2010 (BC Reg 60/2010).
(3) For the purposes of regulations under subsections (2) and (5), the minister may make regulations prescribing classes of officers and the classifications may be based on the different ranks, duties or functions of different officers, the different employers of different officers, the different nature of policing or law enforcement services provided by different officers, or on the following classes of officers under this Act:
Section 74 (4) BEFORE amended by 2009-28-9(d), effective March 31, 2010 (BC Reg 60/2010).
(4) A regulation under subsection (2) (b), (p), (q), (t) or (u) or subsection (5) may prescribe different regulations for different classes of officers.
Section 74 (2) (u) BEFORE amended by 2011-8-12(b), effective July 29, 2011 (BC Reg 138/11).
(u) governing the qualifications, ranks, conduct, training, retraining, dress, duties, suspension, promotion, dismissal, punishment or discipline of a class of officers;
Section 74 (2) (g) and (t) BEFORE repealed by 2010-21-192(a), effective January 30, 2012 (BC Reg 241/2011).
(g) prescribing requirements respecting offices, buildings, places of detention, and equipment and supplies to be provided by municipalities;
(t) respecting the use of force by a class of officers in the performance of their duties, including, without limitation,
(i) the training or retraining in the use of physical force
(A) in emergency response situations, pursuits or forcible entries, and
(B) as a means of restraining an individual, and
(ii) the training or retraining in the use of
(A) firearms, ammunition, batons, capsicum spray, physical restraint devices or other weapons and equipment,
(B) police dogs, horses and other animals, and
(C) motor vehicles when in pursuit or in emergency response situations;
Section 74 (5) BEFORE repealed by 2010-21-192(a), effective January 30, 2012 (BC Reg 241/2011).
(5) The minister may make regulations prescribing the standards for training, or for retraining, to be met by each officer of a class of officers.
Section 74 (2) (u) BEFORE amended by 2010-21-192(b), effective January 30, 2012 (BC Reg 241/2011).
(u) governing the qualifications, ranks, conduct, training, retraining, dress, duties, suspension, promotion, dismissal, punishment or discipline of a class of officers or of IIO investigators;
Section 74 (3) BEFORE amended by 2010-21-192(c), effective January 30, 2012 (BC Reg 241/2011).
(3) For the purposes of regulations under subsections (2) and (5) and section 184 [regulations under Parts 9 and 11], the minister may make regulations prescribing classes of officers and the classifications may be based on the different ranks, duties or functions of different officers, the different employers of different officers, the different nature of policing or law enforcement services provided by different officers, or on the following classes of officers under this Act:
Section 74 (4) BEFORE amended by 2010-21-192(d), effective January 30, 2012 (BC Reg 241/2011).
(4) The Lieutenant Governor in Council may make different regulations under subsection (2) (b), (t) or (u) or (5) for different classes of officers.
Section 74 (2) BEFORE amended by 2011-8-12, effective September 10, 2012 (BC Reg 199/2012).
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for or granting financial aid to the administration and course of study in a police training school or other educational institution;
(b) developing procedures for handling complaints from members of the public against a class of officer;
(c) for the government of police forces, police departments, designated policing units and designated law enforcement units;
(d) prescribing the minimum salary or other remuneration and allowances to be paid to members of police forces, police departments, designated policing units or designated law enforcement units;
(e) prescribing the minimum remuneration to be paid to the members of boards or committees who are designated by the Lieutenant Governor in Council or appointed by the minister;
(f) prescribing the minimum number of members of police forces, police departments and designated policing units that are to be employed
(i) on a basis of population, area or property assessment,
(ii) on any combination of them, or
(iii) on another basis;
(g) [Repealed 2010-21-192.]
(h) prescribing or regulating the number of meetings to be held by boards and committees, the times and places they are to be held and the public notices and methods to be employed regarding the meetings;
(i) prescribing the records, returns, books and accounts to be kept and made by police forces, police departments, designated policing units, designated law enforcement units, or a member of any of them;
(j) prescribing the method of accounting for fees, costs and other money that is received by an officer;
(k) providing for the payment of fees and expenses to witnesses at hearings or appeals under this Act, other than witnesses referred to in section 122 or witnesses called under section 141 (4) or 143 (5);
(l) prescribing the deployment and deportment of auxiliary constables or special provincial constables;
(m) prescribing the administration of rewards offered in respect of an offence;
(n) providing for the disposal of property where the provincial police force, a designated policing unit or designated law enforcement unit obtains custody of stolen or abandoned personal property;
(o) to (q) [Repealed 2009-28-9.]
(r) prescribing an entity for the purpose of paragraph (d) of the definition of "entity" in section 1;
(s) making all or any part of sections 18.1 and 18.2 applicable, with any modifications that the Lieutenant Governor in Council considers necessary or advisable, to a ministry, as if the ministry were an entity;
(t) [Repealed 2010-21-192.]
(u) governing the qualifications, ranks, conduct, dress, duties, suspension, promotion, dismissal, punishment or discipline of a class of officers or of IIO investigators;
(v) respecting the implementation, use, maintenance, repair and upgrading of an information management system by a law enforcement service under section 68.1;
(w) prescribing fees that must be paid to the government or to persons specified by the minister who provide, software, hardware or any other service in relation to an information management system under section 68.1;
(x) providing for the phasing in of the operation of section 68.1 (3), or the phasing in of new or changed technology for an information management system under section 68.1, and the phasing in may be in relation to
(i) specified law enforcement services,
(ii) specified geographical areas of British Columbia, or
(iii) specified law enforcement services in specified geographical areas of British Columbia.
Section 74 (2) (s) BEFORE amended by 2024-16-76(b), effective April 25, 2024 (Royal Assent).
(s) making all or any part of sections 18.1 and 18.2 applicable, with any modifications that the Lieutenant Governor in Council considers necessary or advisable, to a ministry, as if the ministry were an entity;
Section 74 (3) (part) and (4) BEFORE amended by 2024-16-79(a) and (b), effective April 25, 2024 (Royal Assent).
(3) For the purposes of regulations under subsection (2) and section 184 [regulations under Parts 9 and 11], the minister may make regulations prescribing classes of officers and the classifications may be based on the different ranks, duties or functions of different officers, the different employers of different officers, the different nature of policing or law enforcement services provided by different officers, or on the following classes of officers under this Act:
(4) The Lieutenant Governor in Council may make different regulations under subsection (2) (b) or (u) for different classes of officers.
Section 74 (2) (c), (d), (f) (part), (i) and (n) BEFORE amended by 2024-16-75, effective May 1, 2025 (BC Reg 48/2025).
(c) for the government of police forces, police departments, designated policing units and designated law enforcement units;
(d) prescribing the minimum salary or other remuneration and allowances to be paid to members of police forces, police departments, designated policing units or designated law enforcement units;
(f) prescribing the minimum number of members of police forces, police departments and designated policing units that are to be employed
(i) prescribing the records, returns, books and accounts to be kept and made by police forces, police departments, designated policing units, designated law enforcement units, or a member of any of them;
(n) providing for the disposal of property where the provincial police force, a designated policing unit or designated law enforcement unit obtains custody of stolen or abandoned personal property;
Section 74.1 (1) (f) BEFORE amended by 2024-16-81, effective May 1, 2025 (BC Reg 48/2025).
(f) the coordination of designated policing with policing and law enforcement provided by one or more other police forces;
Section 74.2 (1) (f) BEFORE amended by 2024-16-81, effective May 1, 2025 (BC Reg 48/2025).
(f) the coordination of designated law enforcement with policing and law enforcement provided by police forces;
Section 76 (2) BEFORE amended by 2023-10-866, effective March 30, 2023 (Royal Assent).
(2) In Division 3 [Process Respecting Alleged Misconduct], "agent", with reference to a member or former member, means the member's or former member's trade union representative or some other individual of the member's or former member's choice, other than her or his legal counsel.
Section 76 (1) definition of "discipline authority" BEFORE amended by 2024-16-85, effective April 25, 2024 (Royal Assent).
means the following:
(a) in relation to a complaint or an investigation under Division 3 [Process Respecting Alleged Misconduct] concerning the conduct of a member who is not a chief constable or deputy chief constable,
(i) a chief constable of the municipal police department with which the member is employed, unless section 117 (9), 134 or 135 (1) applies,
(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section,
(iii) if section 134 [chief constable may delegate discipline authority functions] applies, a person referred to in subsection (1) (a) or (b) of that section, or
(iv) if section 135 (1) [power to designate another discipline authority if in public interest] applies, a senior officer designated under that section as discipline authority by the police complaint commissioner;
(b) in relation to a complaint or an investigation under Division 3 concerning the conduct of a member who is a chief constable or deputy chief constable,
(i) the chair of the board by which the member is employed, unless section 117 (9) or 135 (2) applies,
(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section, or
(iii) if section 135 (2) [power to designate another discipline authority if in public interest] applies, a retired judge appointed under that section as discipline authority by the police complaint commissioner;
(c) in relation to a complaint or an investigation under Division 3 concerning the conduct of a former member who, at the time of the conduct of concern, was not a chief constable or deputy chief constable,
(i) a chief constable of the municipal police department with which the former member was employed at the time of the conduct of concern, unless section 117 (9), 134 or 135 (1) applies,
(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section,
(iii) if section 134 [chief constable may delegate discipline authority functions] applies, a person referred to in subsection (1) (a) or (b) of that section, or
(iv) if section 135 (1) [power to designate another discipline authority if in public interest] applies, a senior officer designated under that section as discipline authority by the police complaint commissioner;
(d) in relation to a complaint or an investigation under Division 3 concerning the conduct of a former member who, at the time of the conduct of concern, was a chief constable or deputy chief constable,
(i) the chair of the board by which the former member was employed at the time of the conduct of concern, unless section 117 (9) or 135 (2) applies,
(ii) if section 117 (9) [appointment of new discipline authority if conclusion of no misconduct is incorrect] applies, the retired judge appointed under that section, or
(iii) if section 135 (2) [power to designate another discipline authority if in public interest] applies, a retired judge appointed under that section as discipline authority by the police complaint commissioner;
Section 76 (1) definition of "external police force" BEFORE repealed by 2024-16-86(a), effective May 1, 2025 (BC Reg 48/2025).
"external police force", in relation to a municipal police department to which section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm], 91 (1) [external investigation of chief constables], 92 (1), (2) or (3) [external investigations when in public interest] or 93 (1) (b) (ii) [independent power to order investigation] applies, means
(a) another municipal police department,
Section 76 (1) definition of "external police service" was added by 2024-16-86(b), effective May 1, 2025 (BC Reg 48/2025).
Section 77 (2) (a) BEFORE amended by 2023-10-867, effective March 30, 2023 (Royal Assent).
(a) render a member unfit to perform her or his duties as a member, or
Section 77 (3) (a) (iii) BEFORE amended by 2024-16-87, effective April 25, 2024 (Royal Assent).
(iii) when on duty, or off duty but in uniform, using profane, abusive or insulting language to any person including, without limitation, language that tends to demean or show disrespect to the person on the basis of that person's race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status;
Section 77 (3) (c) (iv) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(iv) using or attempting to use any equipment or facilities of a municipal police department, or any other police force or law enforcement agency, for purposes unrelated to the performance of duties as a member;
Section 77 (i) (ii) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(ii) removing or copying, or attempting to remove or copy, a record of a municipal police department or any other police force or law enforcement agency;
Section 78 (1) (part) BEFORE amended by 2024-16-88, effective April 25, 2024 (Royal Assent).
(1) Subject to section 79, a complaint concerning any conduct of a member that is alleged to constitute misconduct may be made to and registered with the police complaint commissioner
Section 80 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) provide the complainant with a written acknowledgment of its receipt, and
Section 80 (1) (part) BEFORE amended by 2023-10-868, effective March 30, 2023 (Royal Assent).
(1) When a member or designated individual referred to in section 78 (2) (b) receives a complaint under that provision, she or he must immediately
Section 85 (1) (a) BEFORE amended by 2024-16-89, effective April 25, 2024 (Royal Assent).
(a) direct a chief constable or the board of a municipal police department to ensure that a record is made, in the form and manner required by the police complaint commissioner, of any oral or written report to the department by a member of the public or any other person that raises a question or concern about the conduct of a member of the municipal police department but that does not result in the making and registration of a complaint under section 78 [how complaints are made],
Section 87 (1) (b) BEFORE amended by 2023-10-869, effective March 30, 2023 (Royal Assent).
(b) if the police complaint commissioner considers that the complainant is unable to assert her or his rights under this Part because of age or a mental or physical condition, an adult of the complainant's choice or, if no such adult is identifiable, available or willing to act, a responsible adult;
Section 88 (1) (a) (part) BEFORE amended by 2023-10-870, effective March 30, 2023 (Royal Assent).
(a) must take every reasonable step to ensure that members of her or his municipal police department, on becoming aware of
Section 89 (2) (a) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(a) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;
Section 91 (1) (a) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(a) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;
Section 92 (6) BEFORE amended by 2011-8-13, effective June 2, 2011 (Royal Assent).
(6) In making an appointment under subsection (1) (b) or subsection (3) (b), the minister must consider the recommendations, if any, of the police complaint commissioner.
Section 92 (1) (a) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(a) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;
Section 92 (2) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(2) Despite section 90 (1), but subject to the approval of the police complaint commissioner, if at any time a chief constable of a municipal police department considers that an external investigation of an admissible complaint against a member or former member of the municipal police department is necessary in the public interest, the chief constable may direct that the investigation be conducted by a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force.
Section 92 (3) (a) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(a) a constable of another external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force, or
Section 93 (1) (b) (ii) BEFORE amended by 2024-16-90, effective May 1, 2025 (BC Reg 48/2025).
(ii) a constable of an external police force who is appointed for the purpose of this section by a chief constable, a chief officer or the commissioner, as the case may be, of the external police force;
Section 95 (2) BEFORE amended by 2023-10-871, effective March 30, 2023 (Royal Assent).
(2) Despite subsection (1), the police complaint commissioner may make a disclosure described in subsection (1) if she or he considers it in the public interest.
Section 96 (1) (b) BEFORE amended by 2024-16-91, effective April 25, 2024 (Royal Assent).
(b) designate an employee to observe and report on the investigation to the police complaint commissioner.
Section 110 (1) (a) (iii) BEFORE amended by 2023-10-872(a), effective March 30, 2023 (Royal Assent).
(iii) there are reasonable grounds to believe that the member is incapable of carrying out her or his regular duties as a constable;
Section 110 (4) and (9) (part) BEFORE amended by 2023-10-872(b) to (d), effective March 30, 2023 (Royal Assent).
(4) Unless subsection (5) applies, a member under suspension for a period within which that member, if not suspended, would have worked one or more days must receive her or his pay and allowances for the number of days that she or he could have worked during the period of suspension had the suspension not been imposed.
(9) A member must receive her or his full pay and allowances for any unpaid period of suspension if all of the following apply:
(a) the suspension related to an investigation resulting from an allegation that she or he committed an offence under a federal or provincial enactment;
Section 112 (1) (part) BEFORE amended by 2024-16-92, effective April 25, 2024 (Royal Assent).
(1) Within 10 business days after receiving an investigating officer's final investigation report in respect of the conduct of a member or former member, the discipline authority must
Section 117 (1) (part) BEFORE amended by 2024-16-93(a), effective April 25, 2024 (Royal Assent).
(1) If, on review of a discipline authority's decision under section 112 (4) [discipline authority to review final investigation report and give early notice of next steps] or 116 (4) [discipline authority to review supplementary report and give notice of next steps] that conduct of a member or former member does not constitute misconduct, the police complaint commissioner considers that there is a reasonable basis to believe that the decision is incorrect, the police complaint commissioner may appoint a retired judge recommended under subsection (4) of this section to do the following:
Section 117 (4) BEFORE repealed by 2024-16-93(b), effective April 25, 2024 (Royal Assent).
(4) The police complaint commissioner must request the Associate Chief Justice of the Supreme Court to
(a) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and
(b) recommend one or more retired judges for the purposes of this section.
Section 120 (6) (b) BEFORE amended by 2023-10-874, effective March 30, 2023 (Royal Assent).
(b) a complainant has been notified under section 112 (1) (c) [discipline authority to review final investigation report and give early notice of next steps] or 116 (1) (c) [discipline authority to review supplementary report and give notice of next steps] but the complainant has not yet exercised her or his right to make submissions to the discipline authority under section 113 [complainant's right to make submissions],
Section 121 (3) (a) BEFORE amended by 2023-10-875, effective March 30, 2023 (Royal Assent).
(a) the member or former member concerned or her or his agent or legal counsel,
Section 123 (3) BEFORE amended by 2024-16-94(b), effective April 25, 2024 (Royal Assent).
(3) If at any time a public hearing is arranged by the police complaint commissioner in respect of conduct that is the subject of a discipline proceeding, the discipline authority must cancel the discipline proceeding.
Section 124 (8) (part) BEFORE amended by 2023-10-876(a), effective March 30, 2023 (Royal Assent).
(8) The discipline representative, if any, and the member or former member, or her or his agent or legal counsel, if any, may examine or cross-examine
Section 124 (9) (a) and (b) (part) BEFORE amended by 2023-10-876(b) and (c), effective March 30, 2023 (Royal Assent).
(a) the member or former member may give evidence if she or he chooses to do so,
(b) the member or former member, or her or his agent or legal counsel, if any, may make submissions concerning
Section 125 BEFORE amended by 2011-8-14, effective June 2, 1011 (Royal Assent).
Conclusion of discipline proceeding
125 Within 10 business days after hearing evidence and submissions under section 124 [discipline proceeding] concerning the conduct of a member or former member, the discipline authority must
(a) make a finding in relation to each allegation of misconduct against the member or former member as to whether the misconduct has been proven,
(b) record those findings and the reasons for them in the prescribed form,
(c) serve a copy of that form on the member or former member and provide another copy of it to the police complaint commissioner, and
(d) invite and consider submissions from the member or former member, or her or his agent or legal counsel, as to appropriate disciplinary or corrective measures for each allegation found to be proven under paragraph (a).
Section 126 (1) (part) BEFORE amended by 2023-10-878, effective March 30, 2023 (Royal Assent).
(1) After finding that the conduct of a member is misconduct and hearing submissions, if any, from the member or her or his agent or legal counsel, or from the complainant under section 113 [complainant's right to make submissions], the discipline authority must, subject to this section and sections 141 (10) [review on the record] and 143 (9) [public hearing], propose to take one or more of the following disciplinary or corrective measures in relation to the member:
Section 126 (2) (b) and (c) BEFORE amended by 2023-10-878, effective March 30, 2023 (Royal Assent).
(b) the member's record of employment as a member, including, without limitation, her or his service record of discipline, if any, and any other current record concerning past misconduct,
(c) the impact of proposed disciplinary or corrective measures on the member and on her or his family and career,
Section 127 (1) BEFORE amended by 2023-10-879, effective March 30, 2023 (Royal Assent).
(1) After finding that the conduct of a former member is misconduct and hearing submissions, if any, from the former member or her or his agent or legal counsel, the discipline authority must apply the provisions of section 126 (2) and (3) [imposition of disciplinary or corrective measures] in respect of the matter as if the former member had continued to be a member, then determine what disciplinary or corrective measures the discipline authority would have taken under section 126 (1) if the former member had continued to be a member.
Section 128 (1) BEFORE amended by 2011-8-15, effective June 2, 2011 (Royal Assent).
(1) Unless the police complaint commissioner grants an extension under subsection (2) of this section, within 10 business days after hearing submissions under section 125 (d) [conclusion of discipline proceeding], the discipline authority must
Section 133 (1) (a) (i) BEFORE amended by 2011-8-15, effective June 2, 2011 (Royal Assent).
(i) the findings and reasons referred to in section 125 (b) [conclusion of discipline proceeding],
Section 134 (1) (part) BEFORE amended by 2023-10-880, effective March 30, 2023 (Royal Assent).
(1) A chief constable of a municipal police department may delegate any of her or his powers or duties as discipline authority in a member's or former member's case under this Part to
Section 135 (1) BEFORE amended by 2023-10-880, effective March 30, 2023 (Royal Assent).
(1) Subject to subsection (2), at any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department, if the police complaint commissioner considers it necessary in the public interest that a person other than a chief constable of the municipal police department, or her or his delegate, be the discipline authority for the purposes of one or more provisions of this Division, the police complaint commissioner may designate a senior officer of another municipal police department to exercise the powers and perform the duties of a discipline authority under the applicable provision, in substitution of the chief constable or the delegate, as the case may be.
Section 135 (1) BEFORE amended by 2024-16-96, effective April 25, 2024 (Royal Assent).
(1) Subject to subsection (2), at any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department, if the police complaint commissioner considers it necessary in the public interest that a person other than a chief constable of the municipal police department, or the chief constable's delegate, be the discipline authority for the purposes of one or more provisions of this Division, the police complaint commissioner may designate a senior officer of another municipal police department to exercise the powers and perform the duties of a discipline authority under the applicable provision, in substitution of the chief constable or the delegate, as the case may be.
Section 135 (2) BEFORE amended by 2024-16-97, effective April 25, 2024 (Royal Assent).
(2) At any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department who is or was a chief constable or deputy chief constable at the time of the conduct of concern, if the police complaint commissioner considers it necessary in the public interest that a person other than the chair of the board be the discipline authority for the purposes of one or more provisions of this Division,
(a) the police complaint commissioner must request the Associate Chief Justice of the Supreme Court to
(i) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and
(ii) recommend one or more retired judges to act as discipline authority for the purposes of those provisions, and
(b) the police complaint commissioner must appoint one of the retired judges recommended to exercise the powers and perform the duties of a discipline authority under the applicable provision, in substitution of the chair of the board of the municipal police department.
Section 138 (1) (c) (i) BEFORE amended by 2011-8-15, effective June 2, 2011 (Royal Assent).
(i) the discipline authority's findings under section 125 (a) [conclusion of discipline proceeding] are incorrect, or
Section 138 (1) BEFORE amended by 2024-16-99, effective April 25, 2024 (Royal Assent).
(a) receiving a request under section 136 in circumstances other than those described in section 137 (1) [circumstances when member or former member concerned is entitled to public hearing], or
(b) the police complaint commissioner's own initiative if the limitation period established for making the request under section 136 (1) [time limit for requesting public hearing or review on the record] has expired,
the police complaint commissioner must arrange a public hearing or review on the record if the police complaint commissioner
(c) considers that there is a reasonable basis to believe that
(i) the discipline authority's findings under section 125 (1) (a) [conclusion of discipline proceeding] are incorrect, or
(ii) the discipline authority has incorrectly applied section 126 [imposition of disciplinary or corrective measures] in proposing disciplinary or corrective measures under section 128 (1) [disciplinary disposition record], or
(d) otherwise considers that a public hearing or review on the record is necessary in the public interest.
Section 138 (2) BEFORE amended by 2024-16-100(a), effective April 25, 2024 (Royal Assent).
(2) In considering whether a public hearing or review on the record is necessary in the public interest, the police complaint commissioner must consider all relevant factors including, without limitation, the following factors:
(a) the nature and seriousness of the complaint or alleged misconduct;
(b) the nature and seriousness of harm or loss alleged to have been suffered by any person as a result of the conduct of the member or former member, including, without limitation, whether
(i) the conduct has caused, or would be likely to cause, physical, emotional or psychological harm or financial loss to a person,
(ii) the conduct has violated, or would be likely to violate, a person's dignity, privacy or other rights recognized by law, or
(iii) the conduct has undermined, or would be likely to undermine, public confidence in the police, the handling of complaints or the disciplinary process;
(c) whether there is a reasonable prospect that a public hearing or review would assist in determining the truth;
(d) whether an arguable case can be made that
(i) there was a flaw in the investigation,
(ii) the disciplinary or corrective measures proposed are inappropriate or inadequate, or
(iii) the discipline authority's interpretation or application of this Part or any other enactment was incorrect.
Section 138 (3) BEFORE amended by 2024-16-101, effective April 25, 2024 (Royal Assent).
(3) The police complaint commissioner must make a determination as to whether to arrange a public hearing or review on the record under this section promptly after receiving the request referred to in subsection (1) or promptly after expiry of the relevant limitation period, as the case may be, but in any event, the determination must be made within 20 business days after that request is received or that limitation period has expired.
Section 138 (4) (part), (5) and (7) BEFORE amended by 2024-16-102, effective April 25, 2024 (Royal Assent).
(4) Within 10 business days after making a determination under this section, the police complaint commissioner must notify the following of that determination:
(5) If the police complaint commissioner determines, in respect of a request referred to in subsection (1) (a), that there are insufficient grounds to arrange a public hearing or review on the record under this section, the police complaint commissioner must give written reasons for that determination in the notification under subsection (4).
(7) If the police complaint commissioner
(a) determines that there are sufficient grounds to arrange a public hearing under this section, or
(b) arranges a public hearing under section 137 [circumstances when member or former member concerned is entitled to public hearing],
the police complaint commissioner must, for the purposes of the public hearing under section 143, appoint legal counsel to present to the adjudicator the case relative to each allegation of misconduct against the member or former member concerned.
Section 139 BEFORE re-enacted by 2024-16-103, effective April 25, 2024 (Royal Assent).
Reconsideration on new evidence
139 (1) Despite section 138 (3) and (6) [determining whether to arrange public hearing or review on the record], at any time after the police complaint commissioner has determined in a case that there are insufficient grounds to arrange a public hearing or review on the record under section 138, the police complaint commissioner may reconsider the determination if satisfied, on application by any person or on the police complaint commissioner's own initiative, that new evidence has become available or been discovered that is substantial and material to the case or that determination.
(2) In reconsidering whether there are sufficient grounds to arrange a public hearing or review on the record, the police complaint commissioner must consider all relevant factors, including, without limitation, the factors described in section 138 (2) and (3).
(3) Within 10 business days after making a determination on reconsideration, the police complaint commissioner must notify the persons referred to in section 138 (4), and section 138 (5) to (7) applies.
Section 140 (1) BEFORE amended by 2024-16-104, effective April 25, 2024 (Royal Assent).
(1) The police complaint commissioner may make available to members of the public, by both of the following means, any determination made under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence]:
(a) posting the determination on a publicly accessible website maintained by or on behalf of the police complaint commissioner;
(b) having the determination available for public inspection in the office of the police complaint commissioner during regular office hours.
Section 141 (5) and (6) BEFORE amended by 2023-10-881, effective March 30, 2023 (Royal Assent).
(5) The member or former member concerned is not compellable at a review on the record under this section, but the member or former member or her or his agent or legal counsel, if any, may make submissions concerning the matters under review.
(6) In addition to the member or former member concerned or her or his agent or legal counsel, the police complaint commissioner or her or his commission counsel may also make submissions concerning the matters under review.
Section 141 (2), (3) (part) and (5) BEFORE amended by 2024-16-105, effective April 25, 2024 (Royal Assent).
(2) Subject to section 143 (1) [public hearing], if the police complaint commissioner determines that there are sufficient grounds to arrange a public hearing or review on the record in respect of a disciplinary decision under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], the police complaint commissioner may appoint an adjudicator under section 142 [appointment of adjudicator for public hearing or review on the record] to conduct a review on the record of the disciplinary decision under this section.
(3) For the purposes of a review on the record under this section, the record of a disciplinary decision consists of
(5) The member or former member concerned is not compellable at a review on the record under this section, but the member or former member or the member's or former member's agent or legal counsel, if any, may make submissions concerning the matters under review.
Section 142 (1) and (2) BEFORE amended by 2024-16-106, effective April 25, 2024 (Royal Assent).
(1) In circumstances described in section 137 [circumstances when member or former member concerned is entitled to public hearing] or when the police complaint commissioner determines that there are sufficient grounds to arrange a public hearing or review on the record under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], the police complaint commissioner must request the Associate Chief Justice of the Supreme Court to
(a) consult with retired judges of the Provincial Court, the Supreme Court and the Court of Appeal, and
(b) recommend one or more retired judges to act as adjudicator for the purposes of section 141 [review on the record] or 143 [public hearing], as the case may be.
(2) The police complaint commissioner must appoint one of the retired judges recommended as adjudicator for the public hearing or review on the record.
Section 143 (5) (part) and (7) BEFORE amended by 2023-10-882, effective March 30, 2023 (Royal Assent).
(5) Public hearing counsel, the member or former member concerned, or her or his agent or legal counsel, and commission counsel may
(7) If the public hearing concerns conduct that was the subject of an admissible complaint under this Division, the complainant, or her or his agent or legal counsel, may make oral or written submissions, or both, after all of the evidence is called.
Section 143 (1) (a) BEFORE amended by 2024-16-107(a), effective April 25, 2024 (Royal Assent).
(a) the police complaint commissioner determines that
(i) there are sufficient grounds to arrange a public hearing or review on the record under section 138 [determining whether to arrange public hearing or review on the record] or 139 [reconsideration on new evidence], and
(ii) it is likely that evidence other than
(A) the record of the disciplinary decision described in section 141 (3) [review on the record],
(B) the service record of the member or former member concerned, and
(C) submissions described in section 141 (5), (6) and (7) [review on the record],
will be necessary to complete a review of the disciplinary decision on a standard of correctness and do the things described in section 141 (10);
Section 143 (4) BEFORE amended by 2024-16-107(b), effective April 25, 2024 (Royal Assent).
(4) For the purposes of a public hearing under this section, public hearing counsel must present to the adjudicator the case relative to each allegation of misconduct against the member or former member concerned.
Section 156 (1) (a) BEFORE amended by 2024-16-108, effective April 25, 2024 (Royal Assent).
(a) complaints concerning a death or the suffering of serious harm or a reportable injury described in section 89 (1) [reporting of death, serious harm and reportable injury, and mandatory external investigation in cases of death and serious harm];
Section 169 (1) (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) provide the person making the complaint with written acknowledgment of its receipt, and
Section 169 (1) (part) BEFORE amended by 2023-10-884, effective March 30, 2023 (Royal Assent).
(1) When a member, an individual or a chair referred to in section 168 (2) (b) [making a service or policy complaint] receives a complaint under that provision, she or he must immediately
Section 170 (b) BEFORE amended by 2016-5-39,Sch 1, effective March 10, 2016 (Royal Assent).
(b) provide the person making the complaint with written acknowledgment of its receipt, and
Section 176 (1) BEFORE amended by 2023-10-885, effective March 30, 2023 (Royal Assent).
(1) A chief constable of a municipal police department may delegate to a deputy chief constable or senior officer of the municipal police department any of her or his powers or duties as internal discipline authority in a member's case under this Division.
Part 11, Division 6.1, sections 176.1 to 176.5, was enacted by 2024-16-111, effective April 25, 2024 (Royal Assent).
Section 177 (4) (e) BEFORE amended by 2024-16-115(a), effective April 25, 2024 (Royal Assent).
(e) make recommendations to the director that the director exercise one or more of the director's functions under sections 40 [functions of director], 42 [studies by director] and 44 [special investigations] in relation to a service or policy complaint under Division 5 about a municipal police department or a service or policy complaint about any designated policing unit or designated law enforcement unit to which Division 5 is made applicable by regulation of the Lieutenant Governor in Council;
Section 177 (3) BEFORE amended by 2024-16-112, effective July 16, 2024 (BC Reg 239/2024).
(3) Before making the reports referred to in subsection (2) (f) available to the public, the police complaint commissioner may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.
Section 177 (4) (d) BEFORE amended by 2024-16-114, effective May 1, 2025 (BC Reg 48/2025).
(d) make recommendations to the director or the minister that a review, a study or an audit be undertaken to assist police departments or forces, or any designated policing unit or designated law enforcement unit to which this Part is made applicable by regulation of the Lieutenant Governor in Council, in developing training or other programs designed to prevent recurrence of any problems revealed by the complaint process;
Section 180 (8) BEFORE amended by 2011-8-18, effective June 2, 2011 (Royal Assent).
(8) Records referred to in subsection (1) (a) to (f) in relation to a member must be expunged from the member's service record of discipline if any of the following apply:
(a) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 2-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures consist of nothing more than a written or verbal reprimand or advice as to future conduct;
(b) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 3-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures
(i) consist of one or more directions to work under close supervision, to undertake specified training or retraining, or to undertake counselling or treatment, and
(ii) do not include dismissal, reduction in rank, suspension or transfer or reassignment;
(c) no other complaint made against the member is determined to be admissible under section 82 and no other investigation has been initiated concerning the conduct of the member under this Part within the 5-year period immediately following the last disciplinary or corrective measures recorded in the service record of discipline in respect of the member, and those measures
(i) consist of one or more of
(A) reduction in rank,
(B) suspension, or
(C) transfer or reassignment, and
(ii) do not include dismissal.
Section 180 (9) BEFORE amended by 2012-18-92(b), effective May 31, 2012 (Royal Assent).
(9) An admissible complaint and any investigation initiated into the matter is irrelevant and not to be considered for the purposes of subsection (8) (a), (b) or (c) when the complaint
(a) is withdrawn by the complainant under section 94 [withdrawal of complaint by complainant] and the police complaint commissioner does not order or continue an investigation into the matter under that section, or
(b) is a complaint in respect of which the police complaint commissioner issues a direction under section 109 (1) [power to discontinue investigation] to discontinue an investigation into the matter.
Section 180 (10) BEFORE repealed 2012-18-92(b), effective May 31, 2012 (Royal Assent).
(10) If a complaint and investigation are irrelevant under subsection (9) and no other admissible complaint has been made and no other investigation has been initiated in relation to the member within the applicable 2-year, 3-year or 5-year period described in subsection (8) (a), (b) or (c), as the case may be, the records referred to in that subsection must be expunged in accordance with that subsection.
Section 180 (3) (f) BEFORE amended by 2024-16-121, effective April 25, 2024 (Royal Assent).
(f) to the chair of the board of that municipal police department;
Section 180 (4) BEFORE amended by 2024-16-47, effective May 1, 2025 (BC Reg 48/2025).
(4) The service record of discipline of a member or former member may be disclosed to a senior officer or board of another police force or law enforcement agency or to the commissioner of the Royal Canadian Mounted Police, but only on their written request and only in respect of potential employment with the other police force or law enforcement agency or the Royal Canadian Mounted Police.
Section 183 (6) (b) (vii) BEFORE amended by 2011-8-15, effective June 2, 2011 (Royal Assent).
(vii) the record of findings under section 125 (b) [conclusion of discipline proceeding];
Section 183 (8) (a) (ii) BEFORE amended by 2024-16-123, effective April 25, 2024 (Royal Assent).
(ii) the entity on behalf of which a designated policing unit or designated law enforcement unit is established under section 4.1 or 18.1, in the case of a designated policing unit or designated law enforcement unit, or an investigating officer or discipline authority who is a member of such a unit, and
Section 183 (1) definition of "law enforcement service", paragraph (a) BEFORE amended by 2024-16-122, effective May 1, 2025 (BC Reg 48/2025).
Section 184 (2) (i) BEFORE amended by 2011-8-19, effective September 10, 2012 (BC Reg 199/2012).
(i) respecting the handling of complaints against officers other than municipal constables, the investigation of those complaints and the discipline of those officers, including, without limitation, making all or any part of Part 11 applicable, with any changes the minister considers necessary or advisable, to a class of officers other than municipal constables;
Section 184 (2) (i) BEFORE amended by 2024-16-125(a), effective April 25, 2024 (Royal Assent).
(i) respecting the handling of complaints against IIO investigators, the chief civilian director or officers other than municipal constables, the investigation of those complaints and the discipline of those persons, including, without limitation, making all or any part of Part 11 applicable, with any changes the minister considers necessary or advisable, to the IIO investigators, the chief civilian director or a class of officers other than municipal constables;