Acts and Regulations

2007-81 - Code of Professional Conduct

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2007-81
under the
Police Act
(O.C. 2007-503)
Filed December 21, 2007
Under section 38 of the Police Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Code of Professional Conduct Regulation - Police Act.
Definition of “Act”
2In this Regulation, “Act” means the Police Act.
CORRECTIVE AND DISCIPLINARY MEASURES
2021, c.25, s.2
Principles of discipline and correction
3The corrective and disciplinary measures agreed to by the parties to a settlement conference or imposed by an arbitrator shall seek to correct and educate the member of a police force who is alleged to have committed a breach of the code under section 35 rather than to blame and punish the member unless
(a) the corrective and disciplinary measures would bring the administration of police discipline into disrepute,
(b) the corrective and disciplinary measures would bring the reputation of the police force with which the member is employed into disrepute, or
(c) the circumstances make it impractical for the parties to a settlement conference to agree to, or the arbitrator to impose, corrective and disciplinary measures that seek to correct and educate the member.
2021, c.25, s.2
Service records of discipline
4(1)If an entry made in the service record of discipline of a member of a police force is a corrective and disciplinary measure set out in paragraph 6(a), (b), (c), (d) or (e), the entry shall be expunged from the service record of discipline one year after being made if during that time no further entries have been made in the service record of discipline.
4(2)If an entry made in the service record of discipline of a member of a police force is a corrective and disciplinary measure set out in paragraph 6(f) or (g), the entry shall be expunged from the service record of discipline 2 years after being made if during that time no further entries have been made in the service record of discipline.
4(3)If 2 or more entries referred to in subsection (1) or (2) are made to a service record of discipline, no entry shall be expunged until the expiration of all entries made in the service record of discipline.
4(4)The service record of discipline of a member of a police force shall be maintained by the chief of police or civic authority, as the case may be, in a secure location separate from the personnel file of the member for as long as the chief of police or civic authority determines necessary.
4(5)A member of a police force or former member of a police force has the right to inspect their service record of discipline.
4(6)On the request of a member of a police force or former member of a police force to inspect their service record of discipline, the chief of police or civic authority, as the case may be, shall furnish access to the service record of discipline within 10 days after the request.
4(7)If subsection (5) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (5) prevails.
2013, c.34, s.29; 2021, c.25, s.2
Repository of corrective and disciplinary measures
2021, c.25, s.2
5The repository of corrective and disciplinary measures maintained by the Commission shall contain the following information:
(a) the breach of the code under section 35;
(b) the particulars of the act or omission that constitutes the breach of the code under section 35; and
(c) the details of the corrective and disciplinary measures agreed to by the parties to a settlement conference or imposed by an arbitrator.
2021, c.25, s.2
Corrective and disciplinary measures
2021, c.25, s.2
6The parties to a settlement conference may agree to or an arbitrator may impose one of the following corrective and disciplinary measures or any combination of the following corrective and disciplinary measures:
(a) a verbal reprimand;
(b) a written reprimand;
(c) a direction to undertake professional counselling or a treatment program;
(d) a direction to undertake special training or retraining;
(e) a direction to work under close supervision;
(f) a suspension without pay for a specified period of time;
(g) a reduction in rank; or
(h) dismissal.
2021, c.25, s.2
Other measures
7A chief of police or civic authority, as the case may be, may
(a) issue an apology on behalf of the police force or, with the consent of the member of the police force who is alleged to have committed a breach of the code under section 35, on behalf of the police force and the member, or
(b) change a policy of the police force in order to prevent a recurrence of the breach of the code under section 35.
2021, c.25, s.2
ARBITRATION
List of arbitrators
8The Commission shall establish and maintain a list of arbitrators who shall meet the following criteria:
(a) is any one of the following:
(i) a lawyer who is a member in good standing of the Law Society of New Brunswick;
(ii) a lawyer who is a member in good standing of the governing body of the legal profession in another province or territory of Canada; or
(iii) a member or former member of the judiciary in Canada;
(b) Repealed: 2009-87
(c) does not act as a representative at a settlement conference or arbitration hearing; and
(d) does not give legal advice on any police matter to a party to an arbitration hearing either before or during an arbitration hearing.
2009-87
Notice of arbitration hearing
9(1)If the chief of police or civic authority, as the case may be, serves a notice of arbitration hearing on the member of a police force who is alleged to have committed a breach of the code under section 35, the chief of police or civic authority, as the case may be, shall
(a) provide the member with a copy of the documents listed in subsection 28.2(1) or 31.1(1) of the Act and access to physical objects removed, and
(b) give the complainant notice in writing of the arbitration hearing.
9(2)A notice of arbitration hearing under subsection (1) shall contain:
(a) the particulars of the act or omission that constitutes the alleged breach of the code under section 35;
(b) a statement that, if the parties fail to appoint an arbitrator within 10 days after the chief of police or civic authority, as the case may be, serves the notice of arbitration hearing, the Commission shall appoint an arbitrator; and
(c) a statement that, if a party to an arbitration hearing who has been duly notified does not attend at the arbitration hearing, the arbitrator may proceed in the party’s absence and the party is not entitled to notice of any further proceedings.
9(3)If the Commission serves a notice of arbitration hearing on the parties to an arbitration hearing, the Commission shall provide the parties with a copy of the documents listed in subsection 28.2(1) or 31.1(1) of the Act and access to physical objects removed.
9(4)A notice of arbitration hearing under subsection (3) shall contain:
(a) the particulars of the act or omission that constitutes the alleged breach of the code under section 35;
(b) the name of the arbitrator appointed by the Commission; and
(c) a statement that, if a party to an arbitration hearing who has been duly notified does not attend at the arbitration hearing, the arbitrator may proceed in the party’s absence and the party is not entitled to notice of any further proceedings.
9(5)If the Commission serves a notice of arbitration hearing under Part III.2 of the Act, the Commission shall
(a) provide a copy of the investigation report respecting a conduct complaint prepared by the police oversight body to the member of a police force who is alleged to have committed a breach of the code under section 35 while performing police duties in another province or territory of Canada, and
(b) give the complainant notice in writing of the arbitration hearing.
9(6)A notice of arbitration hearing under subsection (5) shall contain:
(a) the particulars of the act or omission that constitutes the alleged breach of the code under section 35;
(b) the name of the arbitrator appointed by the Commission; and
(c) a statement that, if the member of a police force who has been duly notified does not attend at the arbitration hearing, the arbitrator may proceed in the member’s absence and the member is not entitled to notice of any further proceedings.
2008-130; 2021, c.25, s.2
Notice of date, time and place of arbitration hearing
10(1)At least 10 days before the date of the arbitration hearing, the arbitrator shall notify the parties to an arbitration hearing of the date, time and place of the arbitration hearing.
10(2)Upon being notified of the date, time and place of the arbitration hearing, the chief of police or civic authority, as the case may be, shall notify the complainant of the date, time and place of the arbitration hearing and invite the complainant to attend.
10(2.1)The Commission shall, upon being notified of the date, time and place of an arbitration hearing under Part III.2 of the Act, notify the complainant of the date, time and place of the arbitration hearing and invite the complainant to attend.
10(3)If a party to an arbitration hearing has been duly notified of the arbitration hearing and does not attend or is otherwise avoiding service, the arbitrator may proceed in the party’s absence and the party is not entitled to notice of further proceedings.
10(4)The arbitrator may conduct an arbitration hearing by video conference.
2008-130; 2021, c.25, s.2
Arbitration hearing
11The arbitrator shall
(a) commence an arbitration hearing within 30 days after the date the notice of arbitration hearing is served, and
(b) complete the arbitration hearing within 60 days after the date the hearing is commenced.
2021, c.25, s.2
Information for arbitrator
12(1)If the chief of police or civic authority, as the case may be, serves a notice of arbitration hearing on the member of a police force who is alleged to have committed a breach of the code under section 35, the chief of police or civic authority, as the case may be, shall provide the arbitrator with a statement containing the particulars of the act or omission that constitutes the alleged breach of the code.
12(2)If the Commission serves a notice of arbitration hearing on the parties to an arbitration hearing, the Commission shall provide the arbitrator with a statement containing the particulars of the act or omission that constitutes the alleged breach of the code under section 35.
12(3)If the Commission serves a notice of arbitration hearing under Part III.2 of the Act, the Commission shall provide the arbitrator with a statement containing the particulars of the act or omission that constitutes the alleged breach of the code under section 35.
2008-130; 2021, c.25, s.2
Arbitration hearing procedure
13The parties to an arbitration hearing may present evidence at the arbitration hearing and may examine and cross-examine witnesses, whether or not the witnesses were questioned by the investigator.
Representative
14The parties to an arbitration hearing may attend an arbitration hearing with a representative who may act on their behalf.
2021, c.25, s.2
More than one member of a police force
15If, in the opinion of the arbitrator, complaints respecting more than one member of a police force arise from the same incident or matter, those complaints may be heard at the same time.
Open and closed arbitration hearings
16(1)Subject to subsection (2), every arbitration hearing is open to the public.
16(2)The arbitrator may order that the public be excluded from all or part of the arbitration hearing if the arbitrator is of the opinion that
(a) matters involving public security may be disclosed at the arbitration hearing, or
(b) intimate financial or personal matters or other matters may be disclosed at the arbitration hearing that are of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure of these matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that arbitration hearings be open to the public.
List of witnesses
17(1)On the request of the member of a police force who is alleged to have committed a breach of the code under section 35, the chief of police or civic authority, as the case may be, shall provide a list of witnesses to be called in support of the alleged breach of the code and a summary of the evidence of each witness.
17(2)On the request of the chief of police or civic authority, as the case may be, the member of a police force who is alleged to have committed a breach of the code under section 35 shall provide a list of witnesses to be called on behalf of the member and a summary of the evidence of each witness.
17(3)If the Commission serves a notice of arbitration hearing under Part III.2 of the Act, the Commission shall, on the request of the member of a police force who is alleged to have committed a breach of the code under section 35 while performing police duties in another province or territory of Canada, provide a list of witnesses to be called in support of the alleged breach of the code and a summary of the evidence of each witness.
17(4)If the Commission serves a notice of arbitration hearing under Part III.2 of the Act, the member of a police force who is alleged to have committed a breach of the code under section 35 while performing police duties in another province or territory of Canada shall, on the request of the Commission, provide a list of witnesses to be called on behalf of the member and a summary of the evidence of each witness.
2008-130; 2021, c.25, s.2
Child witness
18A child witness may appear at an arbitration hearing accompanied by their parent or guardian.
2021, c.25, s.2
Testimony of member of a police force
19The member of a police force who is alleged to have committed a breach of the code under section 35 is not compelled to testify at the arbitration hearing.
2021, c.25, s.2
Admit certain facts
20If the parties to the arbitration hearing consent, the arbitrator may permit certain facts to be admitted in evidence without proof of those facts.
Adjournment
21(1)Subject to subsection (2), if the arbitrator determines that there are exceptional circumstances, the arbitrator may adjourn an arbitration hearing to a specified date that may be beyond the 60-day period referred to in paragraph 11(b).
21(2)The arbitrator shall adjourn an arbitration hearing to a specified date that may be beyond the 60-day period referred to in paragraph 11(b) if criminal proceedings arise out of the subject matter of the arbitration hearing.
2021, c.25, s.2
Repealed
22Repealed: 2021, c.25, s.2
2021, c.25, s.2
Record of proceedings
23(1)Subject to subsections (2) and (3), the arbitrator shall take down in writing the testimony of all persons who give evidence at the arbitration hearing and each deposition so taken shall be signed by the witness and the arbitrator.
23(2)The evidence or any part of the evidence may be recorded in accordance with the Recording of Evidence Act or by shorthand or by a stenographer appointed by the arbitrator, and the transcript of evidence certified by the stenographer as correct need not be signed by the witnesses or the arbitrator.
23(3)A stenographer shall, before acting, swear or solemnly affirm before the arbitrator that the stenographer will truly and faithfully report and transcribe the evidence.
2008-130; 2009-145; 2021, c.25, s.2
Communication
24The arbitrator shall not communicate directly or indirectly in relation to the subject matter of the arbitration hearing with a party to the arbitration hearing, the representatives for the parties to the arbitration hearing or the complainant unless the parties, representatives and complainant receive notice and have an opportunity to participate.
Statements
25No answer given or statement made in the course of an arbitration hearing by a witness, complainant or member of a police force who is alleged to have committed a breach of the code under section 35 may be used in any criminal or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with intent to mislead, the witness, complainant or member gave an answer or made a statement knowing it to be false.
2021, c.25, s.2
Admit or deny alleged breach of the code
2021, c.25, s.2
26(1)At the commencement of an arbitration hearing, the arbitrator shall read to the member of a police force who is alleged to have committed a breach of the code under section 35 the alleged breach or breaches of the code contained in the notice of the hearing and shall immediately give the member an opportunity to admit or deny each such alleged breach of the code.
26(2)If the member of a police force who is alleged to have committed a breach of the code under section 35 does not admit or deny an alleged breach of the code read to the member under subsection (1), the member is deemed to have denied the alleged breach of the code.
26(3)The arbitrator shall record in the record of proceedings the admission or denial of the member of a police force who is alleged to have committed a breach of the code under section 35.
2021, c.25, s.2
Admission of alleged breach of the code
2021, c.25, s.2
27If the member of a police force who is alleged to have committed a breach of the code under section 35 admits to an alleged breach of the code, the arbitrator shall find the member guilty of the alleged breach of the code and shall give the parties to the arbitration hearing an opportunity to
(a) present the facts of the alleged breach of the code, and
(b) make submissions concerning the imposition of corrective and disciplinary measures.
2021, c.25, s.2
Denial of alleged breach of the code
2021, c.25, s.2
28If the member of a police force who is alleged to have committed a breach of the code under section 35 denies an alleged breach of the code, the arbitrator shall proceed with the arbitration hearing.
2021, c.25, s.2
Dismiss the matter
29If, at the conclusion of the evidence submitted by the chief of police or civic authority, as the case may be, the arbitrator determines a prima facie case has not been made out, the arbitrator shall dismiss the matter.
Evidence in defence
30If, at the conclusion of the evidence submitted by the chief of police or civic authority, as the case may be, the arbitrator determines a prima facie case has been made out, the arbitrator shall provide the member of a police force who is alleged to have committed a breach of the code under section 35 with an opportunity to call evidence.
2021, c.25, s.2
Final submissions
31The arbitrator shall, before finding the member of a police force who is alleged to have committed a breach of the code under section 35 guilty or not guilty of a breach of the code, give the parties to the arbitration hearing an opportunity to make oral or written submissions.
2021, c.25, s.2
Destruction of evidence
32The evidence or any part of the evidence presented at an arbitration hearing with respect to an alleged breach of the code under section 35 shall not be destroyed until
(a) at least three months have elapsed since the arbitrator gave the parties to an arbitration hearing, the Commission and the complainant notice in writing of the arbitrator’s decision and an application for judicial review to The Court of King’s Bench of New Brunswick has not been made,
(b) the consent of the Commission, the arbitrator and the member of the police force who is the subject of the hearing have been obtained
2021, c.25, s.2; 2023, c.17, s.197
Costs of arbitration hearing
33(1)If the chief of police or civic authority serves a notice of arbitration hearing under Part I.1 of the Act, the chief of police or civic authority, as the case may be, shall pay the costs of the arbitration hearing.
33(2)If the chief of police or civic authority, as the case may be, serves a notice of arbitration hearing under Part III of the Act, the costs of the arbitration hearing shall be shared equally by the parties to the arbitration hearing.
33(3)If the Commission serves a notice of arbitration hearing under Part III or III.2 of the Act, the Commission shall pay the costs of the arbitration hearing.
2008-130
CODE OF PROFESSIONAL CONDUCT
Standards
34It is incumbent upon every member of a police force:
(a) to respect the rights of all persons;
(b) to maintain the integrity of the law, law enforcement and the administration of justice;
(c) to perform their duties promptly, impartially and diligently, in accordance with the law and without abusing their authority;
(d) to avoid any actual, apparent or potential conflict of interests;
(e) to ensure that any improper or unlawful conduct of any member of a police force is not concealed or permitted to continue;
(f) to be incorruptible, never accepting or seeking special privilege in the performance of their duties or otherwise placing themselves under any obligation that may prejudice the proper performance of their duties;
(g) to act at all times in a manner that will not bring discredit on their role as a member of a police force; and
(h) to treat all persons or classes of persons equally, regardless of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity.
2021, c.25, s,2
Breach of the code
35A member of a police force commits a breach of the code if the member does any of the following:
(a) engages in discreditable conduct as described in section 36;
(b) neglects their duties as described in section 37;
(c) engages in deceitful behaviour as described in section 38;
(d) improperly discloses information as described in section 39;
(e) commits corrupt practice as described in section 40;
(f) abuses their authority as described in section 41;
(g) improperly uses and cares for firearms as described in section 42;
(h) damages police force property as described in section 43;
(i) misuses intoxicating liquor or drugs in a manner prejudicial to duty as described in section 44;
(j) is convicted of an offence as described in section 45;
(k) engages in insubordinate behaviour as described in section 46;
(l) is a party to a breach of the code as described in section 47; or
(m) engages in workplace harassment as described in Schedule A.
2021, c.25, s.2
Discreditable conduct
36(1)A member of a police force engages in discreditable conduct if
(a) the member, while on duty, acts in a manner that is
(i) prejudicial to the maintenance of discipline in the police force with which the member is employed, or
(ii) likely to bring the reputation of the police force with which the member is employed into disrepute,
(b) the member, while on duty, is oppressive or abusive to any person,
(c) the member, while off duty, asserts or purports to assert authority as a member of a police force and does an act that would constitute a breach of the code if done while the member is on duty,
(d) the member, while on or off duty,
(i) contravenes a provision of the Act, the regulations under the Act or a rule, guideline or directive made under the Act,
(ii) withholds or suppresses a complaint or a report concerning a complaint,
(iii) fails to report to a member of a police force whose duty it is to receive the report, or to Crown counsel, any information or evidence, either for or against any prisoner or defendant, that is material to an alleged offence under an Act of the Legislature, an Act of another province or territory of Canada or an Act of the Parliament of Canada,
(iv) tampers with information that is material to a proceeding or potential proceeding under Part III, III.1 or III.2 of the Act, or
(v) fails to disclose to the investigator, or to the chief of police or civic authority, as the case may be, information that is material to a proceeding or a potential proceeding under Part III, III.1 or III.2 of the Act.
36(2)Notwithstanding subparagraph (1)(d)(v), a member of a police force who is being investigated or who acts as a representative of a member of a police force who is being investigated does not engage in discreditable conduct if the member fails to provide the investigator with any information or assistance requested by the investigator.
2008-130; 2021, c.25, s.2
Neglect of duty
37A member of a police force neglects their duties if
(a) the member, without lawful excuse, fails to promptly and diligently
(i) obey or carry out any lawful order, or
(ii) perform their duties as a member,
(b) the member fails to work in accordance with official police force policies and procedures,
(c) the member leaves an area, detail or other place of duty without due permission or sufficient cause or, having left an area, detail or other place of duty with due permission or sufficient cause, fails to return promptly, or
(d) the member is absent from or late for duty without reasonable excuse.
2021, c.25, s.2
Deceit
38A member of a police force engages in deceitful behaviour if the member, with intent to deceive, falsify or mislead,
(a) destroys, mutilates, conceals, alters, expunges or adds to all or any part of an official document, record or report, or
(b) wilfully or negligently makes a false, misleading or inaccurate statement pertaining to their duties.
2021, c.25, s.2
Improper disclosure of information
39(1)A member of a police force improperly discloses information if the member
(a) except as required in the performance of their duties, as authorized by their supervisor or as required by due process of law,
(i) discloses information that is acquired by the member in the course of their duties,
(ii) gives notice directly or indirectly to any person against whom any warrant or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons, or
(iii) removes or copies an official document, record or report of any police force, or
(b) makes, signs or circulates a petition or statement, in respect of a matter concerning any police force,
(i) knowing that all or any part of the petition or statement is false, or
(ii) having reckless disregard as to the truth of the petition or statement.
39(2)Notwithstanding subparagraph (1)(a)(i), a member of a police force does not improperly disclose information if, during the course of an investigation into a conduct complaint, the member provides the investigator with any information and assistance requested by the investigator.
2021, c.25, s.2
Corrupt practice
40A member of a police force commits corrupt practice if
(a) the member fails to properly account for, or to make a prompt and true return of, any money or property received by the member in the course of their duties,
(b) without adequate reason, the member uses or attempts to use their position as a member of a police force for personal advantage,
(c) the member accepts a bribe,
(d) the member agrees to be under a pecuniary or other obligation to any person in a manner that might affect the proper performance of their duties, or
(e) the member directly or indirectly solicits or receives a gratuity, gift, benefit or testimonial that might affect the proper performance of their duties.
2021, c.25, s.2
Abuse of authority
41A member of a police force abuses their authority if the member
(a) without lawful authority, detains, arrests or searches a person,
(b) uses unnecessary force on a person,
(c) while on duty, uses language or acts in a manner that is discourteous, uncivil, abusive or insulting to a person or that tends to demean or show disrespect to a person on the basis of that person’s race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition, political belief or activity, or
(d) harasses, intimidates or retaliates against a complainant.
2021, c.25, s.2
Improper use and care of firearms
42A member of a police force improperly uses and cares for firearms if the member
(a) when on duty, has in their possession any firearm other than one that is issued by the police force to the member,
(b) when on duty, other than when on a firearm training exercise, discharges a firearm, whether intentionally or by accident, and does not report the discharge of the firearm as soon as is practicable, or
(c) fails to exercise sound judgment and restraint in respect of the use and care of a firearm.
2021, c.25, s.2
Damage to police force property
43A member of a police force damages police force property if the member
(a) without reasonable excuse, loses, destroys or causes any damage to
(i) any police force property, or
(ii) any property the care of which has been entrusted to the member in the course of their duties, or
(b) fails to report any loss or destruction of or any damage to any property referred to in paragraph (a), however caused.
2021, c.25, s.2
Misuse of intoxicating liquor or drugs in a manner prejudicial to duty
44A member of a police force misuses intoxicating liquor or drugs in a manner prejudicial to duty if
(a) the member, on reporting for or while on duty, is unfit for duty as a result of drinking intoxicating liquor, using a drug for non-medical purposes or intentionally misusing a prescription drug, or
(b) the member, without proper authority, makes any use of, or receives from any other person, an intoxicating liquor or a non-medical drug while on duty.
Conduct constituting an offence
45A member of a police force is guilty of a breach of the code if the member pleads guilty or is found guilty of
(a) an offence under an Act of the Legislature, an Act of another province or a territory of Canada or an Act of the Parliament of Canada that renders the member unfit to perform their duties or that is likely to bring the reputation of the police force with which the member is employed into disrepute, or
(b) committing an act or omission outside Canada that renders the member unfit to perform their duties or that is likely to bring the reputation of the police force with which the member is employed into disrepute.
2021, c.25, s.2
Insubordination
46A member of a police force engages in insubordinate behaviour if the member
(a) is insubordinate by word, act or demeanour, or
(b) without lawful excuse, disobeys, omits or neglects to carry out any lawful order.
Party to a breach of the code
47A member of a police force is a party to a breach of the code if the member aids, abets, counsels or procures another member of the same police force to commit a breach of the code or is an accessory after the fact to a breach of the code.
2021, c.25, s.2
REPEAL AND COMMENCEMENT
Repeal
48New Brunswick Regulation 86-49 under the Police Act is repealed.
Commencement
49This Regulation comes into force on January 1, 2008.
SCHEDULE A
Workplace
1(1)The workplace includes but is not limited to the physical worksite, washrooms, cafeterias, training sessions, business travel, conferences, work-related social gatherings, locker rooms and vehicles.
1(2)It also includes any place where actions of a member of a police force, whether on duty or not, will have such serious repercussions on the work environment as to seriously affect relationships between members of a police force or other employees within a police force.
Protected grounds
2Protected grounds are race, colour, national origin, ancestry, place of origin, creed or religion, age, physical disability, mental disability, marital status, family status, sex, sexual orientation, gender identity or expression, social condition and political belief or activity.
Application
3(1)This Schedule applies to the conduct of a member of a police force that is directed toward
(a) another member or group of members, or
(b) an employee within a police force or group of employees within a police force.
3(2)Managers and supervisors are responsible for taking appropriate action to halt workplace harassment of which they become aware.
Workplace harassment
4Workplace harassment includes personal and sexual harassment, poisoned work environment, abuse of authority and discrimination.
Personal harassment
5Personal harassment means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome and includes objectionable conduct, comment or display made on either a one-time or continuous basis that demeans, belittles or causes personal humiliation or embarrassment.
Sexual harassment
6Sexual harassment means any conduct, comment, gesture, or contact of a sexual nature
(a) that might reasonably be expected to cause offence or humiliation, or
(b) that might reasonably be perceived as placing a condition of a sexual nature on employment, an opportunity for training or promotion.
Poisoned work environment
7A poisoned work environment is characterized by any activity or behaviour, not necessarily directed at anyone in particular, that creates a hostile or offensive workplace. A poisoned work environment can exist even if employees agree to participate in demeaning behaviour or voice no objections.
Abuse of authority
8Harassment also includes abuse of authority where a person improperly uses the power and authority inherent in a position to endanger another person’s job, undermine the performance of that job, threaten another person’s economic livelihood or in any way interfere with or influence another person’s career.
Discrimination
9(1)Discrimination includes but is not limited to
(a) differential treatment having an adverse impact on a person on the basis of any of the protected grounds,
(b) any action or policy that has an adverse impact on a person based on any of the protected grounds, and
(c) use of stereotyped images or language, including jokes and anecdotes, which suggest that all or most employees of a particular group of people are the same, thereby, denying their individuality as persons, where such conduct has the purpose or effect of substantially or unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
9(2)Subsections 4(6), (7) and (8) of the Human Rights Act apply to paragraphs (1)(a) and (b).
2018-38; 2021, c.25, s.2
N.B. This Regulation is consolidated to June 16, 2023.