Definitions

1  In this Act:

"auxiliary constable" means a constable appointed under section 8 (1);

"board" means,

(a) in relation to a municipal police department, a municipal police board,

(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;

"bylaw enforcement officer" means a bylaw enforcement officer appointed under section 36;

"chief constable" means the chief constable of a municipal police department;

"chief officer" means a chief officer appointed under section 4.2 (2) (c) (iv) (A) or 18.2 (d) (iii) (A);

"commissioner" means the commissioner of the provincial police force;

"committee" means a local police committee established under section 31;

"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);

"director" means the Director of Police Services, Ministry of Attorney General;

"enforcement officer" means an enforcement officer appointed under section 18.1 (11);

"entity" means any of the following:

(a) a municipality;

(b) a regional district;

(c) a government corporation;

(d) any other prescribed entity;

"government corporation" means government corporation as defined in the Financial Administration Act;

"municipal constable" means a constable appointed under section 26;

"municipal police board" means a municipal police board established under section 23;

"municipal police department" means a municipal police department established under section 26;

"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;

"police complaint commissioner" means the police complaint commissioner appointed under section 47 (1) or 49 (1);

"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;

"provincial police force" means the provincial police force continued under section 5;

"special municipal constable" means a constable appointed under section 35;

"special provincial constable" means a constable appointed under section 9.

Police forces in British Columbia

1.1  The following are police forces in British Columbia:

(a) the provincial police force;

(b) a municipal police department;

(c) if prescribed by the minister as a police force, a designated policing unit.

Adequate level of policing and law enforcement

2  The minister must ensure that an adequate and effective level of policing and law enforcement is maintained throughout British Columbia.

Responsibilities of Provincial and municipal governments for providing policing and law enforcement services

3  (1)  The government must provide policing and law enforcement services for the following:

(a) unincorporated areas of British Columbia;

(b) municipalities with a population of up to 5 000 persons;

(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.

(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.

(3)  An agreement under subsection (2) (b) or (c) must contain terms that the Lieutenant Governor in Council approves.

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.

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

(b) a designated board.

(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.

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,

(i)  a duty to

(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

(C)  prevent crime,

(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 and the regulations 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);

(f) prescribing the standards for training, or for retraining, that a designated constable of the designated policing unit must meet;

(g) prescribing the restrictions, including geographical restrictions, on the powers, duties and functions of a designated constable of the designated policing unit;

(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;

(i) respecting any other matter the minister considers necessary and advisable concerning the designated policing unit and its board.

Provincial police force continued

5  The provincial police force is continued.

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 he or she is a Canadian citizen.

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

(b) must perform the other functions and duties assigned to the commissioner under the regulations or under this or any other Act.

(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.

Auxiliary constables

8  (1)  On the recommendation of the commissioner, the minister may appoint persons the minister considers suitable as auxiliary constables.

(2)  An auxiliary constable must assist the provincial police force in the performance of its duties.

(3)  Subject to the regulations, an auxiliary constable has the powers, duties and immunities of a provincial constable.

Special provincial constables

9  (1)  The minister may appoint persons the minister considers suitable as special provincial constables.

(2)  A special provincial constable appointed under subsection (1) is appointed for the term the minister specifies in the appointment.

(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.

Jurisdiction of police constables

10  (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.

(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.

Standards of training

10.1  An officer must meet the standards for training, or for retraining, that are prescribed by the minister for that class of officer.

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 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 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.

(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).

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.

Aid to dependants of auxiliary constables

13  Despite any other Act, the minister may grant pecuniary aid to the spouses or children of auxiliary constables killed or injured in the performance of their duties.

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.

Duties of a municipality

15  (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,

(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,

(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, and

(c) the care and custody of persons held in a place of detention required under paragraph (b) (ii).

(2)  If, due to special circumstances or abnormal conditions in a municipality, the minister believes it is unreasonable to require a municipality to provide policing or law enforcement under subsection (1), the minister may provide policing or law enforcement in the municipality, subject to the terms the Lieutenant Governor in Council approves.

Municipal policing and law enforcement by R.C.M.P.

16  If, under an agreement made under section 3 (2) (b), members of the Royal Canadian Mounted Police provide policing and law enforcement in a municipality, the municipality must

(a) pay to the government, or

(b) on the direction of the minister, pay directly to Canada

a sum equal to that payable by the government to Canada respecting the use of those members of the Royal Canadian Mounted Police used to provide policing and law enforcement in the municipality.

Failure of municipality to police

17  (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

(a) identifies the non-compliance,

(b) directs the municipality to correct the failure to comply, and

(c) specifies the manner in which and the time within which the failure is to be corrected.

(2)  On being notified by the director that a notice sent under subsection (1) has not been complied with, the minister may, on terms the minister considers appropriate,

(a) appoint persons as constables to police the municipality,

(b) use the provincial police force to police the municipality, or

(c) take other steps the minister considers necessary.

(3)  The municipality must pay all costs of policing and law enforcement incurred under subsection (2).

(4)  Costs incurred by the government under subsection (2) are a debt due to and recoverable by the government from the municipality.

Failure of entities to comply

17.1  (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

(a) identifies the non-compliance,

(b) identifies the entity on behalf of which the designated policing unit or designated law enforcement unit was established,

(c) directs the entity to correct the failure to comply, and

(d) specifies the manner in which and the time within which the failure is to be corrected.

(2)  On being notified by the director that a notice sent under subsection (1) has not been complied with, the minister may, on terms the minister considers appropriate, do one or more of the following:

(a) appoint one or more officers as necessary to provide the 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;

(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;

(c) take other steps the minister considers necessary.

(3)  The entity referred to in subsection (1) must pay all costs of policing and law enforcement incurred under subsection (2).

(4)  Costs incurred by the government under subsection (2) are a debt due to and recoverable by the government from the entity referred to in subsection (1).

Amalgamation of municipal police departments

18  (1)  Subject to the minister's approval, the councils of 2 or more municipalities may enter into an agreement providing for the amalgamation of their municipal police boards and municipal police departments.

(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.

(3)  An agreement under subsection (1) must contain terms respecting

(a) a municipal police department and policing and law enforcement by a municipal police department,

(b) the establishment of a joint board and membership on the joint board, and

(c) division of expenditures by the municipal councils.

(4)  An agreement under subsection (2) must contain terms respecting

(a) the provision of policing and law enforcement in the municipalities by the provincial police force, and

(b) division of expenditures by the municipal councils.

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

(b) a designated board.

(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, 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.

(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.

Regulations respecting a designated law enforcement unit

18.2  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 and the regulations 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);

(g) prescribing the standards for training, or for retraining, that an enforcement officer of the designated law enforcement unit must meet;

(h) prescribing the restrictions, including geographical restrictions, on the powers, duties and functions of an enforcement officer of the designated law enforcement unit;

(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;

(j) respecting any other matter the minister considers necessary and advisable concerning the designated law enforcement unit and its board.

Aid to spouses and children

19  (1)  Despite any other Act, a municipal council or board of a regional district may, in its discretion, grant pecuniary aid to the spouses or children of municipal constables, special municipal constables, auxiliary constables, designated constables, enforcement officers or bylaw enforcement officers killed or injured in the performance of their duties.

(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.

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 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:

(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.

Personal liability

21  (1)  In this section, "police officer" means a person holding an appointment as a constable under this Act.

(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.

(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;

(c) the minister, in a case to which section 11 applies.

Municipal assistance for costs of proceedings

22  (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,

(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 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.

Municipal police board

23  (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

(a) the mayor of the council,

(b) one person appointed by the council, and

(c) not more than 5 persons appointed, after consultation with the director, by the Lieutenant Governor in Council.

(2)  Subject to the approval of the minister, the councils of 2 or more municipalities may enter into an agreement to establish a joint municipal police board under subsection (1).

(3)  An agreement under subsection (2) must contain terms respecting the establishment of the municipal police board, membership on the municipal police board and division of expenditures.

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.

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.

Board to establish municipal police department

26  (1)  A municipal police board must establish a municipal police department and appoint a chief constable and other constables and employees the municipal police board considers necessary to provide policing and law enforcement in the municipality.

(2)  The duties and functions of a municipal police department are, under the direction of the municipal police board, to

(a) enforce, in the municipality, municipal bylaws, the criminal law and the laws of British Columbia,

(b) generally maintain law and order in the municipality, and

(c) prevent crime.

(3)  Subject to a collective agreement as defined in the Labour Relations Code, the chief constable and every constable and employee of a municipal police department must be

(a) employees of the municipal police board,

(b) provided with the accommodation, equipment and supplies the municipal police board considers necessary for his or her duties and functions, and

(c) paid the remuneration the municipal police board determines.

(4)  In consultation with the chief constable, the municipal police board must determine the priorities, goals and objectives of the municipal police department.

(5)  The chief constable must report to the municipal police board each year on the implementation of programs and strategies to achieve the priorities, goals and objectives.

Estimates and expenditures

27  (1)  On or before November 30 in each year, a municipal police board must prepare and submit to the council for its approval a provisional budget for the following year to provide policing and law enforcement in the municipality.

(2)  Any changes to the provisional budget under subsection (1) must be submitted to council on or before March 1 of the year to which the provisional budget relates.

(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.

Rules

28  (1)  A municipal police board must make rules consistent with this Act and the regulations respecting the following:

(a) the standards, guidelines and policies for the administration of the municipal police department;

(b) the prevention of neglect and abuse by its municipal constables;

(c) the efficient discharge of duties and functions by the municipal police department and the municipal constables.

(2)  A rule under subsection (1) is enforceable against any person only after it is filed with the director.

Studies by municipal police board

29  (1)  A municipal police board may study, investigate and prepare a report on matters concerning policing, law enforcement and crime prevention in its municipality.

(2)  A municipal police board must submit its report of a study under subsection (1),

(a) on request, to the director,

(b) if the report suggests a breach of discipline by any of its municipal constables, special municipal constables or bylaw enforcement officers, to the chief constable, and

(c) if the report suggests criminal liability of any of its municipal constables, special municipal constables or bylaw enforcement officers, to the minister.

Keeping of provincial prisoners

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 15 (1) (c) of this Act or 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.

Local police committees

31  (1)  After consulting the councils of municipalities located entirely or partly in the area of British Columbia in which the committee is to have jurisdiction, the Lieutenant Governor in Council may establish a local police committee consisting of not less than 3 members appointed by the Lieutenant Governor in Council.

(2)  A member of a committee must be appointed for a term, of not longer than 3 years, that the Lieutenant Governor in Council determines.

(3)  A person may be reappointed as a member of a committee but must not hold office for a period of more than 5 successive years.

(4)  A member of a committee must not be a judge of a court.

Chair and quorum

32  (1)  The Lieutenant Governor in Council may designate one member of a committee as the chair.

(2)  In the absence or inability of the chair to act, the other committee members must elect a chair.

(3)  A simple majority of the committee constitutes a quorum.

(4)  In case of a tie vote, the chair has a second or casting vote.

Duties of committees

33  A committee has the following duties:

(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;

(c) to perform other duties that the minister may specify.

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.

Special municipal constables

35  (1)  After consultation with the chief constable, a municipal police board may appoint persons considered suitable as special municipal constables.

(2)  A special municipal constable must assist the municipal police department in the performance of its duties.

(3)  Subject to a collective agreement as defined in the Labour Relations Code, a special municipal constable may be paid the remuneration and is appointed for the term the municipal police board determines.

(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.

Bylaw enforcement officers

36  (1)  Bylaw enforcement officers may be appointed,

(a) by a municipal police board, or

(b) if there is no municipal police board in a municipality, by the municipal council.

(2)  A bylaw enforcement officer must be paid the remuneration and is appointed for the term that the municipal police board or municipal council determines.

(3)  A bylaw enforcement officer must, under the direction of the chief constable or officer in charge of the detachment of police operating in the municipality, perform the functions and duties, and has the powers, privileges and responsibilities respecting the enforcement of municipal bylaws, that the municipal police board or municipal council specifies in the appointment.

Repealed

37  [Repealed 1997-37-35.]

Jurisdiction of municipal constables

38  (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.

(2)  If the minister believes an emergency exists outside the municipality in which a municipal constable or special municipal constable is employed, the minister may direct one or more municipal constables or special municipal constables to the part of British Columbia in which the emergency exists.

(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 force.

Director of Police Services

39  (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.

(2)  Subject to the Public Service Act, the director may

(a) employ or retain the persons the director considers necessary to carry out the business of the director's office, and

(b) designate the title, office and responsibilities of persons employed or retained under paragraph (a).

(3)  Despite the Public Service Act but subject to the minister's approval, the director may engage and retain any person the director considers necessary as a consultant, expert or specialist.

Functions of the director

40  (1)  Without limiting section 39 (1), the director has the following functions:

(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,

(B)  training officers,

(C)  retraining officers, and

(D)  training officers who are eligible for advanced training,

(iii)  evaluating standards of policing and law enforcement, and

(iv)  evaluating compliance with section 68.1;

(b) to maintain a system of statistical records required to carry out inspections, evaluations and research studies;

(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;

(d) to make recommendations to the minister about appointments to a board;

(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;

(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;

(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.

(2)  If a report is completed under subsection (1) (a), the director

(a) must submit a copy of the report to the minister, and

(b) may distribute a copy of the report to those persons the director considers appropriate.

(3)  The director may inspect the records, operations and systems of administration of any policing or law enforcement operation but only if the director gives written notice of the inspection

(a) to the minister, and

(b) to the chair of the board or to a person designated by the minister as the person in charge of the operation.

(4)  If requested by the minister, the director must inspect the records, operations and systems of administration of any policing or law enforcement operation, on notice to the chair of the board or to a person designated by the minister as the person in charge of the operation.

Rules of practice and procedure of the director

41  (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.

(2)  A rule under subsection (1) is binding on a person only after the rule is approved by the minister.

Studies by director

42  (1)  The director must, on request of the minister, and the director may, on the director's own initiative or on request of a council or board, study, investigate and prepare a report on matters concerning policing, law enforcement and crime prevention in British Columbia or in a designated area of British Columbia.

(2)  The costs of a study requested by the minister under subsection (1) must be paid by the Minister of Finance from the consolidated revenue fund.

(3)  The director must submit a report prepared under subsection (1) to the minister.

Inquiries

43  On request of the minister, the director must inquire into and report to the minister on matters

(a) regarding crime and its investigation and control, and

(b) of policing and law enforcement.

Special investigations

44  (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.

Delegation

45  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.

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;

"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).

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 re