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[The following transitional section is reprinted for convenience]
Transitional
47 (1) In this section:
"complainant" means a member of the public who has submitted a complaint under Part 9 of the Police Act before its repeal under section 36 of this Act;
"discipline authority", "internal discipline complaint", "public trust complaint" and "service or policy complaint" have the same meaning as they have in section 46 of the Police Act as enacted by section 36 of this Act;
"ongoing complaint" means a complaint made under Part 9 of the Police Act before its repeal under section 36 of this Act;
"police complaint commissioner" has the same meaning as it has in section 1 of the Police Act as enacted by section 1 (d) of this Act;
"respondent" means a municipal constable, chief constable or deputy chief constable against whom an ongoing complaint was made before the coming into force of Part 9 of the Police Act as enacted by section 36 of this Act.
(2) Subject to subsection (3), Part 9 of the Police Act as enacted by this Act applies to an ongoing complaint.
(3) Subject to subsection (4), if, in an ongoing complaint, an inquiry had been requested and a notice specifying the date and place for the inquiry had been provided by a disciplinary tribunal under section 60 (6) of the Police Act as it read before the coming into force of this Act, sections 60 to 66 of the Police Act, as those sections read before the coming into force of section 36 of this Act, apply to the ongoing complaint, and in relation to that complaint, Part 8 of the Police Act as it read before its repeal under section 36 of this Act remains in force despite its repeal.
(4) If, in respect of an ongoing complaint referred to in subsection (3), a written request signed by both the complainant and the respondent is provided to the police complaint commissioner, the ongoing complaint may be processed under Part 9 of the Police Act as enacted by this Act and, in that event,
(a) subsections (6) to (13) of this section apply, and
(b) the written request is deemed to be a request for a public hearing in accordance with section 60 of the Police Act as enacted by this Act.
(5) Without limiting subsection (2), if, in respect of an ongoing complaint, an inquiry had been requested in accordance with section 60 (1) of the Police Act as it read before the coming into force of section 36 of this Act but a notice specifying the date and place for the inquiry had not been provided by a disciplinary tribunal under section 60 (6) of the Police Act as it read before the coming into force of section 36 of this Act, the request for an inquiry is deemed to be a request for a public hearing in accordance with section 60 of the Police Act as enacted by this Act.
(6) For the purposes of subsections (2), (4) and (5), the discipline authority must, after the coming into force of section 36 of this Act,
(a) characterize each ongoing complaint not referred to in subsection (3) 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) determine, for each ongoing complaint not referred to in subsection (3), the stage in the complaint process as established by Part 9 of the Police Act as enacted by this Act that the discipline authority considers most nearly corresponds to the stage the ongoing complaint had reached in the complaint process as established by Part 9 of the Police Act, as it read before the coming into force of section 36 of this Act.
(7) Within 10 days after making a decision on characterization under subsection (6) (a) and a determination on the stage of the ongoing complaint under subsection (6) (b), the discipline authority must provide to the complainant, the respondent, if any, 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 and the respondent under this section.
(8) A complainant or respondent may apply to the police complaint commissioner for a review of the characterization or determination of a discipline authority under subsection (6).
(9) An application for a review under subsection (8) must be made to the police complaint commissioner within 30 days after the date of the notice provided under subsection (7).
(10) Whether or not an application for review is received by the police complaint commissioner, if the police complaint commissioner concludes that it is necessary in the public interest, the police complaint commissioner may, by written order to that effect provided to the discipline authority within 30 days after the date of the notice provided under subsection (7),
(a) confirm the decision of the discipline authority under subsection (6), or
(b) overrule one or both of
(i) the characterization of the complaint made under subsection (6) (a), and independently characterize the ongoing complaint, and
(ii) the determination, made under subsection (6) (b), as to the stage of the ongoing complaint, and independently determine the appropriate stage.
(11) A decision as to the characterization of a complaint under this section is final
(a) if the decision is made by the discipline authority and a review by the police complaint commissioner is not sought or undertaken within the time required by subsection (10), or
(b) if the decision is made by the police complaint commissioner under subsection (10).
(12) A decision as to the stage of an ongoing complaint under this section is final and the ongoing complaint is deemed to have reached the stage in the complaint process, as established by Part 9 of the Police Act as enacted by this Act, that accords with that decision as if any prerequisites under Part 9 of the Police Act as enacted by this Act to attaining that stage had been met
(a) if the decision is made by the discipline authority and a review by the police complaint commissioner is not sought or undertaken within the time required by subsection (10), or
(b) if the decision is made by the police complaint commissioner under subsection (10).
(13) Whether or not an application is made under subsection (8), a complainant of or the respondent to an ongoing complaint not referred to in subsection (3) may ask the police complaint commissioner to arrange a public hearing in respect of that ongoing complaint and if the police complaint commissioner considers that there are grounds to believe that it is necessary in the public interest for there to be a public hearing, the police complaint commissioner must arrange a public hearing and sections 60.1, 61, 61.1 and 62 of the Police Act, as enacted by section 36 of this Act, apply.
(14) An order, rule, report, record or certificate that is made by the British Columbia Police Commission or a member of the British Columbia Police Commission, and that is signed by a member of the British Columbia Police Commission, is in any proceeding evidence of
(a) the facts stated in the order, rule, report, record or certificate, and
(b) the authority of that member without proof of his or her appointment, authority or signature.
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