Ministry of
Attorney General
Police Services Division
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Ministry of Police Services Division |
The Police Act, 1996 and its regulations have been amended by the Police Amendment Act, 1997 and associated regulations. These changes are being introduced as a result of consultations with Police Chiefs, the BC Federation of Police Officers and various community groups, and in response to the recommendations of the Oppal Commission report Closing the Gap: Policing and the Community.
The focus of the new Act is to reform and strengthen the oversight of policing in British Columbia and to improve processes for handling public complaints against municipal police constables and departments.
The following is a list of changes under the new legislation, for which a summary is provided in this document:
New regulations will also be introduced under the new Act concerning:
1. Creation of the Office of the Police Complaint Commissioner
Under the new Act, the B.C. Police Commission has been dissolved. Its functions concerning police complaints have been transferred to a new Office of the Police Complaint Commissioner, where they have been expanded and new complaint procedures developed. The Office has been creatged to operate independently from the Ministry of Attorney General. The Police Complaint Commissioner, Mr. Don Morrison, is an officer of the legislature. The Commissioner provides independent civilian oversight and oversees all aspects of an investigation into complaints made against municipal constables, Deputy Chief Constables, Chief Constables and municipal police departments. Investigation of public complaints concerning the police continues to be undertaken by the police in this new process. Police boards, however, no longer hear appeals.
The Commissioner has specific powers to direct that a complaint be reclassified or reinvestigated, investigated by an outside police department or that an investigation be monitored by an independent civilian observer appointed by the Commissioner. The Commissioner may also order that a public hearing take place before a Provincial Court Judge, if it is in the public interest, and may request that the Attorney General order a broader public inquiry under the Inquiry Act.
2. The New Complaints Process
Under the new complaints process, complaints may be made against:
The process for handling complaints will differ, depending upon which of the following three categories to which the complaint applies:
All complaints are addressed by a "discipline authority" under this process. Where a public trust or internal discipline complaint is brought against a municipal constable, the Chief Constable is the discipline authority. Where a public trust or internal discipline complaint is brought against a Deputy Chief Constable or Chief Constable, the Chair of the Board is the discipline authority. Where a service or policy complaint is brought against a police department, the Chair of the Board is the discipline authority.
A public trust complaint alleges that a municipal constable, Deputy Chief Constable or Chief Constable has committed a disciplinary default. Disciplinary defaults are defined in the new Code of Professional Conduct Regulation. This regulation has been created through extensive consultations with Chief Constables and police boards. It repeals and replaces the previous Police (Discipline) Regulation and applies to all municipal constables.
The Code sets out the core values of policing in a democratic society. It ensures that police officers deliver fair, impartial and effective services to their community and are accountable to the public they serve. A breach of the Code is considered a disciplinary default. The Code defines disciplinary defaults concerning:
The Code also establishes a broad range of disciplinary or corrective measures which the discipline authority may impose after finding a disciplinary default. These measures are based on the principle that opportunities to correct and educate members in the conduct of their duty should take precedence over measures that seek to blame and punish.
An internal discipline complaint may be made against a municipal constable, Deputy Chief Constable or Chief Constable. This type of complaint relates to the acts, omissions or deportment of an officer that is not a public trust complaint or is a public trust complaint that is not processed as one.
Complaints of this type are investigated and processed using the principles of labour law and civil standards of proof These principles distinguish between culpable behaviour (i.e., blameworthy conduct of an employee that is within his/her control) and nonculpable behaviour (i.e., conduct whereby the employee is unable, rather than unwilling, to meet the employer's standards).
Culpable behaviour is addressed through a system of progressive discipline (as outlined in the Code of Professional Conduct Regulation), and non-culpable behaviour is addressed through management interventions, in which the employer may have a duty to accommodate the employee.
Service or policy complaints may be made against a municipal police department. They allege that one or more of the following are inappropriate or inadequate in relation to the conduct of the department:
3. Revised Role of the Director of Police Services, Ministry of
Attorney General
Under the new Act, the Director is assigned broad powers, including all former functions of the B.C. Police Commission (with the exception of public complaints). These former functions include: audits, recommendations about appointments to police boards, policing policy and research, statistics, and advice to the Minister, police boards and chief constables. The Director also has strengthened and expanded program responsibilities.
The Director has the overall responsibility to superintend policing and law enforcement functions in British Columbia on behalf of the Minister and subject to the direction of the Minister.
Without limiting the above, the main legislated responsibilities of the Director under the new Act include the following:
The Director has the responsibility to make rules that are consistent with the Act and the regulations. These rules, approved by the Minister, refer to the exercise of the Director's powers under the Act and the regulations.
4. Potential Creation of Designated Policing Units and Designated
Law Enforcement Units
There are now several hundred special provincial constables that have been appointed under the authority of Part 2, s.9 of the Police Act, 1996. These constables, spread across private agencies, ministries and crown corporations, provide diverse policing and law enforcement services, subject to the restrictions of their appointments. It is no longer appropriate or manageable to use special provincial constable appointments for this purpose. To ensure a consistent application of public accountability and policing principles, two new types of agencies have been introduced under the Act. These new agencies provide services currently being carried out by special provincial constables. The new agencies are Designated Policing Units and Designated Law Enforcement Units.
Designated Policing Units may be established by the Minister in response to applications made by entities, defined as municipalities, regional districts, government corporations or any other prescribed entity.
In this process, the Minister may appoint civilians, in consultation with the entity, as members of a designated police board. Designated police boards are responsible to oversee the operations of designated policing units and have the authority to appoint designated constables. Designated constables have the same powers, immunities and duties of a provincial constable, subject both to any restrictions set out in their appointment and to the regulations.
The Minister has significant authority with respect to designated policing units and their boards to make regulations, including but not limited to such things as:
Designated Law Enforcement Units may also be established by the Minister in response to applications made by entities, defined as municipalities, regional districts, government corporations or any other prescribed entity.
Designated law enforcement is supplemental to existing law enforcement and is provided to enforce all or any part of one or more enactments of BC or Canada. The Minister may define which BC or Canadian enactment, or part thereof, that the designated law enforcement unit will enforce.
After Consulting with the entity, the Minister may appoint designated board members. The designated board, upon approval of the Minister, has the authority to appoint enforcement officers. Enforcement officers have the same powers, immunities and duties of a constable or peace officer, although limited to enforcing those enactments or parts thereof defined by the Minister.
The Minister also has the authority to make regulations regarding a designated law enforcement unit and its board, including but not limited to the following:
5. Repeal of Emergency Policing Regulation
The Emergency Policing Regulation has been repealed, as equivalent emergency powers are already contained within the existing Emergency Program Management Regulation. The existing regulation states that upon the declaration of a state of emergency, the Lieutenant Governor in Council or Attorney General may assume jurisdiction and control over all police forces in all or any part of the province, and assign command to the commissioner of the provincial police force.
6. Police Act Forms Regulation
A Police Act Forms Regulation has been established that prescribes forms to be used for complaints, discipline hearings, findings of discipline authority, and the disposition of records, Previously prescribed forms were contained within the Police (Discipline) Regulation that has been repealed.
7. Police Firearm Regulation
A Police Firearm Regulation has been established, repealing and replacing the former one. The substance of the new Regulation is identical to the former one, but makes reference to the Director instead of the B.C. Police Commission. Examples of the Director's new role contained within the Regulation include certifying police armourers and receiving annual reports on the discharges of firearms. Effects of the Regulation include:
8. Police Oath / Solemn Affirmation Regulation
A Police Oath / Solemn Affirmation Regulation has been established, repealing and replacing the former one. The substance of the Regulation is substantially the same except for changes necessary to reflect the requirements of the Director and his/her staff and consultants. Under the Regulation, separate oath forms are created for:
9. Special Provincial Constable Complaint Procedure Regulation
This regulation is an interim measure regarding complaints against special provincial constables appointed under s.9 of the Act. The regulation outlines a simplified process for dealing with complaints, that involves limited steps: review, investigate, report, impose discipline or corrective measures, and report results to the Director.
Over time, many agencies which employ special provincial constables appointed under s.9 may become designated law enforcement units under s.18.1 or designated policing units under s.4.1. When created under these sections, those agencies will have more specific regulations dealing with their management, complaints processes and other matters.