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B.C. Reg. 203/98 |
Deposited June 11, 1998 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Police Act
[includes amendments up to B.C. Reg. 211/2000]
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Contents |
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1 In this regulation:
"Act" means the Police Act;
"ammunition" means a projectile intended for use with a firearm;
"chief constable" means
(a) in relation to a municipal police department, the chief constable and includes an acting chief constable, and
(b) in relation to a designated policing or enforcement unit, the chief officer of the unit and includes an acting chief officer;
"director" means the Director of Police Services, Ministry of Public Safety and Solicitor General;
"firearm" means a firearm as defined in section 2 of the Criminal Code (Canada);
"intermediate weapon" means any weapon other than
(a) a firearm used as described, authorized or specified under section 3, or
(b) a weapon that when used in its ordinary and intended manner is as likely to cause serious bodily injury or death to a person as a firearm referred to in paragraph (a)
and includes a firearm used with ammunition designed to be discharged at a muzzle velocity not exceeding 152.4 metres per second whether or not the firearm is described, authorized or specified under section 3;
"police force" includes a designated law enforcement unit established under section 18.1 of the Act;
"supervisor" means a police officer in charge.
[am. B.C. Reg. 211/2000, s. 2.]
2 (1) This regulation does not apply to the provincial police force.
(2) Sections 5, 6 (1) and (2), 7 (1) and 12 do not apply to the discharge of a firearm in target practice or in ordinary firearm maintenance, done in accordance with the rules of the police force.
(3) Sections 5, 6 (1) and (2), 7 (1) and 8 do not apply to the discharge of a firearm using bean bag ammunition.
[am. B.C. Reg. 211/2000, s. 3.]
2.1 (1) The director must appoint a use of force coordinator to coordinate the development of use of force policy under section 11.
(2) The use of force advisory committee is established, consisting of the following:
(a) the director as chair;
(b) representatives from police forces designated by chief constables;
(c) others as designated by the director.
(3) The use of force advisory committee must meet at least twice each year and may make recommendations respecting use of force policy.
[en. B.C. Reg. 211/2000, s. 4.]
3 (1) Subject to subsection (3), if a chief constable carries a firearm or authorizes a member of his or her police force to carry a firearm, the firearm must be a semi-automatic pistol with the following specifications:
(a) double/single or double action-only trigger mechanism;
(b) single action trigger force of not less than 1.36 kg;
(c) hammer/firing pin block safety mechanism;
(d) barrel of not less than 76 mm and not more than 127 mm in length.
(2) Subject to subsection (3), the ammunition used in a firearm described under subsection (1) must be 0.40 calibre Smith and Wesson factory loaded cartridges with the following specifications:
(a) hollow point bullet design;
(b) bullet weight no less than 9.523 grams (147 grain);
(c) muzzle velocity between 290 m/second to 396 m/second, when fired in a firearm referred to in subsection (1).
(3) The chief constable or a police officer designated in writing by the chief constable may authorize a member of his or her police force to carry, for a special purpose, a firearm and ammunition of a type other than that referred to in this section.
(4) If an authorization is made under subsection (3), the chief constable must, on the request of the director, submit a report on all special firearms and ammunition issued and the reason for issuing them.
(5) Before a firearm or ammunition is issued under this section, the chief constable or a police officer designated by the chief constable must be satisfied that the officer to whom it is issued has completed a training course and been qualified or requalified on its use under section 10 (1).
(6) A member of a police force must not carry a firearm or ammunition other than the firearm and ammunition issued by the chief constable or police officer designated by the chief constable.
(7) Despite subsections (1) and (2), in relation to a designated policing or law enforcement unit, the director may specify the type of firearm and ammunition that is to be used.
[am. B.C. Reg. 211/2000, s. 5.]
4 (1) A chief constable must ensure that each firearm in the inventory of the chief constable's police force is maintained and in good working order.
(2) Repealed. [B.C. Reg. 211/2000, s. 6.]
[am. B.C. Reg. 211/2000, s. 6.]
5 A member of a police force who is authorized to use a firearm under section 3, may discharge that firearm if it is reasonable and necessary to do so and in accordance with the protections and authorizations provided by section 25 of the Criminal Code (Canada).
[en. B.C. Reg. 211/2000, s. 7.]
6 (1) If a member of a police force other than the chief constable discharges a firearm while on duty, the member must notify his or her immediate supervisor of the incident.
(2) The supervisor notified under subsection (1) must
(a) investigate the reason for the discharging of the firearm, and
(b) submit a report to the chief constable which may include recommendations.
(3) If a person is killed or injured as a result of the discharge of a firearm or the use of an intermediate weapon by a member of a police force other than the chief constable, the chief constable must promptly initiate an investigation into the incident.
(4) On completion of the investigation under subsection (3), the chief constable must submit a report of that investigation to the chair of the board and notify the director.
(5) On reviewing the report under subsection (4), the chair may make any further inquiries into the incident that the chair considers necessary.
[am. B.C. Reg. 211/2000, s. 8.]
7 (1) If a chief constable discharges a firearm while on duty, the chief constable must submit a full report of the incident to the chair of the board.
(2) If a person is killed or injured as a result of the discharge of a firearm or the use of an intermediate weapon by a chief constable,
(a) the chief constable must promptly notify the chair of the board and the director, and
(b) the chair must promptly initiate an investigation into the incident.
(3) If the chair is of the opinion that an independent investigation into an incident under this section is warranted, the chair may request assistance under section 68 of the Act.
(4) The chair may make any inquiries into an incident under this section that the chair considers necessary.
[am. B.C. Reg. 211/2000, s. 9.]
8 If a person is killed or injured as a result of the discharge of a firearm by a member of a police force, including a chief constable, the member must immediately surrender the firearm for ballistic testing to the member's supervisor or an investigating officer.
9 A member of a police force may carry and use an intermediate weapon if
(a) use of the intermediate weapon has been approved by the director and a chief constable, and
(b) the member has completed a training course and been qualified or requalified on its use under section 10 (2).
[en. B.C. Reg. 211/2000, s. 10.]
10 (1) Each member of a police force who is authorized to carry and use a firearm must complete a training course approved by the chief constable and qualify on the firearm and must, thereafter, requalify on the firearm within a period specified by the police force which must not be less that once each year.
(2) Each member of a police force who is authorized to carry and use an intermediate weapon must complete a training course approved by the chief constable and qualify on the use of the intermediate weapon and must, thereafter, requalify on the use of the intermediate weapon within a period specified by the police force.
(3) Each member of a police force must complete a training course approved by the chief constable on the use of force model and techniques and qualify on the use of force model and techniques and must, thereafter, requalify in the use of force techniques within a period specified by the police force.
(4) The police force must maintain written records of the training and requalification courses completed by each member of the police force under this section.
[en. B.C. Reg. 211/2000, s. 10.]
11 Each police force must develop or adopt a use of force model approved by the director and develop a written use of force policy that includes at least the following force options:
(a) officer presence;
(b) communication;
(c) physical control;
(d) intermediate weapons;
(e) lethal force.
[en. B.C. Reg. 211/2000, s. 10.]
12 A police force must submit to the director at the end of each calendar year, and at any time on the request of the director, a statistical report containing the information about use of force by the police force requested by the director.
[en. B.C. Reg. 211/2000, s. 10.]
Note: This regulation repeals B.C. Reg. 602/77, the Police Firearm Regulations
[Provisions of the Police Act, R.S.B.C. 1996, c. 367, relevant to the enactment of this regulation: section 74]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada