1.1(1)The Minister shall

1.1(2)For the purposes of subsection (1), the Minister may

1.1(3)Subject to this Act and the regulations, the Minister may issue guidelines and directives to any police force within the Province for the attainment of the purposes of subsection (1).

2(1)The Lieutenant-Governor in Council may enter into agreements with Canada for the employment of the Royal Canadian Mounted Police to enforce the law and to assist in the administration of justice within the Province.

2(1.1)The Lieutenant-Governor in Council may enter into agreements for the employment of persons to serve the Royal Canadian Mounted Police.

2(2)Every member of the Royal Canadian Mounted Police, every member of a police force and every auxiliary police constable appointed under this Act has all the powers, authority, privileges, rights and immunities of a peace officer and constable in and for the Province of New Brunswick, and is ex officio an inspector under the Motor Carrier Act, a peace officer under the Motor Vehicle Act and a conservation officer under the Fish and Wildlife Act, and each member of and above the rank of corporal may exercise the powers conferred by section 9 of the Fire Prevention Act.

2.1(1)A certificate purporting to be issued and signed by a chief of police to the effect that the person to whom it is issued is a member of a police force or a police officer appointed under this Act is, without proof of the chief of police’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.

2.1(2)A certificate purporting to be issued and signed by the Minister to the effect that the person to whom it is issued is an auxiliary police constable appointed under this Act is, without proof of the Minister’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.

3(1)Subject to subsection (1.1), every municipality shall be responsible for providing and maintaining adequate police services within the municipality.

3(1.1)A rural community shall be responsible for providing and maintaining adequate police services

3(2)A municipality that provides and maintains a police force is for the purposes of this Act deemed to be the employer of the members of the police force in matters relating to labour relations.

3(3)Where, by reason of the establishment of an enterprise or business or for any other reason, special circumstances or abnormal conditions exist in any area that, in the opinion of the Lieutenant-Governor in Council, render it inequitable that the responsibility for the provision and maintenance of police services be imposed wholly or partially upon a municipality or upon the Province, the Lieutenant-Governor in Council may designate the area as a special area, and may require the person operating the enterprise or business within that area or being the owner of that area, to enter into an agreement

3(4)A member of the Royal Canadian Mounted Police or a police officer who is charged with an offence under a Provincial statute shall not be convicted if it is made to appear to the judge that the person charged with the offence

3.1(1)In this section

3.1(2)A civic authority

3.1(3)A chief of police

5(1)Where the Lieutenant-Governor in Council determines that

5(2)No action shall be taken under subsection (1) until reasonable notice has been given to the municipality and to the board where a board has been established by a municipality and the municipality and the board where a board has been established have both been given reasonable time to answer the allegation.

5(3)Where an area has been designated under subsection 3(3) and the person who is required to enter into an agreement fails to enter into such agreement, or where, in the opinion of the Lieutenant-Governor in Council, an agreement entered into fails to provide adequate police services to the area, the Lieutenant-Governor in Council, after obtaining the advice of the Commission, may take action to provide what he considers to be adequate police services within that area, and the cost of providing such police services is a debt owed to Her Majesty that shall be charged to the person and may be recovered from the person by action in any court of competent jurisdiction.

6(1)The Minister

6(2)Where a notification is given under subsection (1), each member of the police force or the Royal Canadian Mounted Police shall

6(3)A person who violates or fails to comply with this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.

7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.

7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall

7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).

7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.

7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.

7(4)Subject to subsection (7), a board shall consist of

7(5)The Board shall select a chairman from among its members.

7(6)An appointment to a board may be for a term not exceeding three years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).

7(6.1)A member of a board may be reappointed for one additional term not exceeding three years.

7(6.2)A vacancy on the board shall not affect its power to act.

7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).

7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.

7(9)A member of the board may be dismissed for cause

7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.

7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.

7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.

7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.

7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.

7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.

7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.

7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.

7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.

7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.

7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.

7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.

7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.

8(1)Subsection 7(1) does not apply to a municipality receiving services under an agreement entered into pursuant to section 4, 17.01 or 17.1.

8(2)Where a board has been appointed by a municipality prior to the execution of an agreement referred to in section 4, 17.01 or 17.1, upon the execution of the agreement the board of such municipality ceases to exist and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.

9(2)A majority of the members of the board constitutes a quorum.

9(3)A meeting of the board shall be open to the public except where, in the opinion of the board, it is not in the public interest.

10(1)Where a board has been established for a municipality, the board, subject to its budget,

10(2)The chief of police, on behalf of the board,

10(4)In each year on a date specified by the council the board shall submit to the council for its consideration its proposed budget, being an estimate of the money required for the next succeeding fiscal year to

11(1)Where a board has not been established for a municipality or a board has been established by a municipality and has been dissolved pursuant to subsection 7(15), the council, except where it has entered into an agreement under section 4, 17.01 or 17.1,

11(2)The chief of police, on behalf of the municipality,

11(4)Where a municipality has entered into an agreement under paragraph 4(c) for employment of the police force of another municipality as its police force, the chief of police and each police officer of that force shall, for the purposes of this Act, be deemed to have been appointed for the first mentioned municipality as well as for the municipality that he was appointed to serve.

11(5)Where the municipality acquiring the police force had a police force immediately prior to the execution of the agreement referred to in subsection (4), the police force of that municipality ceases to exist on the execution of that agreement.

11(6)The members of the police force which ceases to exist pursuant to subsection (5) shall be considered for appointment by the municipality with which the agreement was entered, where it becomes necessary by reason of that agreement for that municipality to expand its police force, and if so appointed, recognition may be given to the years of service of the member in determining his pay and fringe benefits.

11(7)A council may make by-laws or resolutions consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each by-law or resolution with the Commission.

11(8)Any by-law or resolution made under subsection (7) may be inspected at and a copy obtained from the office of the clerk of the municipality or of the Commission.

12(1)Each police officer is charged with responsibility for

12(2)A member of the Royal Canadian Mounted Police or a police officer appointed for a municipality or region who is investigating an alleged offence or otherwise discharging his responsibilities in a municipality or region policed by another police force shall, as soon as is practicable, notify the police force responsible for policing that municipality or region as to the purpose of the discharge of his responsibilities in that municipality or region.

12(2.1)Every chief of police shall prepare and submit to the Minister on or before the thirty-first day of January of each year a report setting out

12(3)No member of a police force shall relinquish, transfer or delegate to a person other than a member of a police force or of the Royal Canadian Mounted Police the doing of any thing that is his responsibility under this Act.

13(1)A board, or a council where a board has not been established, may appoint to the police force auxiliary police officers but shall not appoint auxiliary police officers to perform on a regular basis the work that would otherwise be performed by a police officer appointed under section 10, 11 or 17.3.

13(1.1)The Minister may, on the recommendation of the officer commanding “J” Division of the Royal Canadian Mounted Police, appoint persons as auxiliary police constables to assist the Royal Canadian Mounted Police in the performance of the duties referred to in section 2.

13(2)An auxiliary police officer

13(2.1)An auxiliary police constable

14(1)A council may appoint persons as by-law enforcement officers for that municipality.

14(2)A by-law enforcement officer shall be paid such remuneration, and shall be appointed for such term, as the council may determine.

14(3)Within the territorial boundaries of the municipality for which he is appointed, a by-law enforcement officer has the powers and immunities of a police officer for the purposes of enforcing such by-laws of the municipality for which he is appointed as are stipulated in his appointment, but has in no other regard the powers or immunities of a police officer.

14.1(1)The Minister may appoint persons as special constables.

14.1(2)The appointment of a special constable shall

14.1(3)No person shall be appointed as a special constable who does not satisfy qualifications as to training, experience and other qualifications established by the employer of the special constable and approved by the Minister.

14.1(4)The employer of a special constable is responsible for

14.1(5)The employer of a special constable is liable for the actions of the special constable while the special constable is discharging the responsibilities or exercising the powers of a special constable.

14.1(6)A special constable is, while discharging the responsibilities and exercising the powers of a special constable, a peace officer.

14.1(7)A special constable who is discharging the responsibilities or exercising the powers of a special constable in respect of the Criminal Code (Canada) in a particular municipality, region or area shall, as soon as is practicable, notify the police force or the Royal Canadian Mounted Police, as the case may be, responsible for policing that municipality, region or area as to the purpose of the discharge of those responsibilities or the exercise of those powers in that municipality, region or area.

15.1(1)A person whose appointment as a member of a police force does not conform to the requirements of

15.1(2)Subsection (1) does not apply to a person who was appointed as a police officer prior to the coming into force of that subsection.

15.1(3)Section 15 and subsection (1) of this section do not apply to a person deemed under a provision of this Act to have been appointed as a police officer under this Act.

16(1)Persons who were members of a police force or were employed to serve a police force immediately prior to the coming into force of this Act shall be deemed, for the purposes of this Act, to have been appointed or employed under this Act.

16(2)Where, after the coming into force of this Act, a board is appointed, persons who were members of a police force or were employed to serve a police force immediately prior to the appointment of the board are deemed to have been appointed or employed under section 10.

16(3)Where, after the coming into force of this Act, a board is dissolved pursuant to subsection 7(15) persons who were members of a police force or were employed to serve a police force immediately prior to the dissolution of the board are deemed to have been appointed or employed under section 11.

17(1)A municipality is liable in respect of a tort committed by a member of the police force in the performance or purported performance of his or her responsibilities under section 12 in the same manner as a master is liable in respect of a tort committed by the master’s servant in the course of the servant’s employment where

17(2)A municipality may, in such cases and to such extent as it thinks fit, pay any damages or costs awarded against a member of a police force in respect of a tort committed by him in the performance or purported performance of his responsibilities under section 12, any costs incurred and not recovered by him in any such proceedings and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

17(3)This section does not apply in respect of an act of a member of a police force occurring before this section comes into force.

17.01(1)Any municipality may, with the written consent of the Minister, be a party to an agreement whereby a regional policing authority is established for the purposes of section 17.02.

17.01(2)An agreement whereby a regional policing authority is established shall make provision for

17.01(3)The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.

17.02(1)The regional policing authority may enter into an arrangement or agreement with the Government of Canada for the policing of the municipalities within the region by the Royal Canadian Mounted Police, including the taking over of the police forces by the Royal Canadian Mounted Police.

17.02(2)Where a regional policing authority enters into an arrangement or agreement under subsection (1),

17.02(3)Where an agreement is entered into under subsection (1), a regional policing authority shall so notify in writing the trade union representing members of a police force or persons employed to serve a police force or persons employed to serve the Royal Canadian Mounted Police, as the case may be.

17.02(4)For the purposes of subsection (1), a regional policing authority shall be deemed to be a municipality.

17.02(5)Subsections (2) and (3) do not apply where an assignment was made under subsection 5.2(5), as subsection 5.2(5) existed prior to the commencement of this subsection.

17.03(1)A person employed by a municipality to serve a police force or to serve the Royal Canadian Mounted Police pursuant to an agreement under paragraph 4(b) whose employment is terminated or whose position is eliminated as a result of an arrangement or agreement under section 17.02 shall be considered for employment by the municipalities that are parties to the agreement under section 17.01 if persons are to be employed to serve the Royal Canadian Mounted Police and if so employed, recognition may be given for the years of service of that person in determining pay and fringe benefits.

17.05(1)The parties to an agreement under section 17.01 establishing a regional policing authority shall budget the necessary money in accordance with the agreement to provide adequate police service within the region.

17.05(2)A regional policing authority shall provide

17.05(3)A regional policing authority shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor and the provisions of section 82 of the Municipalities Act respecting municipal audits apply with the necessary modifications to a regional policing authority and an auditor appointed by a regional policing authority.

17.05(4)An appointment to a regional policing authority shall be for a period not exceeding three years, but when a person appointed to a regional policing authority ceases to maintain his or her ordinary residence within the municipality or region in respect of which he or she has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the regional policing authority shall declare his or her position to be vacant, in which case a new appointment shall be made.

17.05(5)A member of a regional policing authority may be reappointed for one additional term not exceeding three years.

17.05(6)A vacancy on a regional policing authority shall not affect its power to act.

17.05(7)Where a member of a regional policing authority is unable to carry out the duties of a member by reason of illness or absence, the Minister, in the case of a person appointed by the Minister, or the mayor of the municipality in the case of a person appointed to represent the municipality, may designate another person to act as a member of the regional policing authority during the illness or absence of the member.

17.05(8)A member of a regional policing authority may be dismissed for cause

17.05(9)A regional policing authority may provide a reasonable remuneration for members of the regional policing authority who are not members of a council and may provide for the payment of an allowance to members of the regional policing authority who are members of a council.

17.05(10)A regional policing authority, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the regional policing authority is established are liable jointly and severally for the debts of the regional policing authority arising out of any matter coming within the scope of this Act.

17.05(11)Notwithstanding the provisions of this Act relating to the budget of a regional policing authority, a regional policing authority may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.

17.05(12)A member of a regional policing authority shall not be personally liable for acts performed in good faith in the performance or intended performance of the member’s duties.

17.05(13)A regional policing authority may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Commission.

17.05(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the regional policing authority or of the Commission.

17.05(15)A meeting of a regional policing authority shall be open to the public except where, in the opinion of the regional policing authority, it is not in the public interest.

17.06(1)Each year a regional policing authority shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year for the provision of police services within the region and the expenses of the regional policing authority.

17.06(2)The proposed budget shall be forwarded to the parties to the agreement forming the regional policing authority for approval pursuant to the agreement.

17.06(3)Each year by the 15th day of November, a regional policing authority shall submit to the Minister of Local Government for the Minister’s approval the budget as approved by the parties to the agreement.

17.06(4)Where the parties to the agreement do not approve the proposed budget, the Minister of Local Government may fix a final budget for a regional policing authority.

17.07(1)Where the Lieutenant-Governor in Council determines that a regional policing authority is not discharging its obligations pursuant to the agreement establishing the same or that, for any reason, the police services provided within a region are inadequate, the Lieutenant-Governor in Council, upon the recommendation of the Commission, may take action to provide what it considers to be adequate police services within that region and the cost of providing such police services is a debt owed to Her Majesty that shall be charged to the parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.

17.07(2)No action shall be taken under subsection (1) until reasonable notice has been given to the regional policing authority and the regional policing authority has been given reasonable time to answer the allegation.

17.1(1)Any municipality may, with the written consent of the Minister, be a party to an agreement for the policing of a region.

17.1(2)The agreement shall make provision for

17.1(3)The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.

17.2(1)Where a joint board is established, the joint board shall provide and maintain an adequate police force within the region defined in the agreement.

17.2(2)The parties to an agreement establishing a joint board shall budget the necessary money in accordance with the agreement to enable the joint board to provide and maintain an adequate police force.

17.2(3)The joint board shall provide

17.2(4)A joint board shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor; and the provisions of section 82 of the Municipalities Act respecting municipal audits apply mutatis mutandis to a joint board and an auditor appointed by a joint board.

17.2(5)An appointment to a joint board may be for a period not exceeding three years, but when a person appointed to a joint board ceases to maintain his ordinary residence within the municipality or region in respect of which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the joint board shall declare his position to be vacant, in which case a new appointment shall be made.

17.2(5.1)A member of a joint board may be reappointed for one additional term not exceeding three years.

17.2(6)A vacancy on a joint board shall not affect its power to act.

17.2(7)Where a member of a joint board is unable to carry out his duties as a member of the joint board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality in the case of a person appointed to represent the municipality, may designate another person to act as a member of the joint board during the illness, absence or suspension of the member.

17.2(8)A member of a joint board may be dismissed for cause

17.2(9)The joint board shall provide a reasonable remuneration for members of the joint board who are not members of a council and may provide for the payment of an allowance to members of the joint board who are members of a council but no remuneration or allowance shall be made to the chief of police as an ex officio member of the joint board.

17.2(10)A joint board, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the joint board is established are liable jointly and severally for the debts of the joint board arising out of any matter coming within the scope of this Act.

17.2(10.1)Notwithstanding the provisions of this Act relating to the budgets of joint boards, a joint board may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.

17.2(11)A member of a joint board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.

17.2(12)A joint board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Commission.

17.2(13)Any rule made under subsection (12) may be inspected at and a copy obtained from the office of the joint board or of the Commission.

17.2(14)A meeting of the joint board shall be open to the public except where, in the opinion of the joint board, it is not in the public interest.

17.3(1)Where a joint board has been established for a region, the joint board, subject to its budget,

17.3(2)The chief of police on behalf of the joint board

17.3(4)Where a police force for a region is established, persons who, immediately prior to the establishment of the police force, were

17.4(1)Each year the joint board shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year to provide remuneration for the members and employees of the police force and to provide for the accommodation, arms, equipment, clothing and all other expenses for the use and maintenance of the police force and the joint board.

17.4(2)The proposed budget shall be forwarded to the parties to the agreement forming the joint board for approval pursuant to the agreement.

17.4(3)Each year by the 15th day of November, the joint board shall submit to the Minister of Local Government for his approval the budget as approved by the parties to the agreement.

17.4(4)Where the parties to the agreement do not approve the proposed budget the Minister of Local Government may fix a final budget for the joint board.

17.5(1)The joint board shall be deemed to be the employer of the members and employees of the police force in matters relating to labour relations.

17.5(2)Where, pursuant to subsection 17.3(4) and subsection (1), the joint board becomes the successor employer of a person who was formerly an employee of a municipality that is party to an agreement under which the joint board is established, or of any board formerly acting for such municipality, section 60 of the Industrial Relations Act applies mutatis mutandis.

17.5(3)Where the members and employees of the police forces of two or more municipalities become the employees of a joint board pursuant to this section and subsection 17.3(4), subsection 60(11) of the Industrial Relations Act applies mutatis mutandis.

17.6(1)A joint board is liable in respect of a tort committed by a member of the police force in the performance or purported performance of his responsibilities under section 12 in the same manner as a master is liable in respect of a tort committed by his servant in the course of his employment.

17.6(2)A joint board may, in such cases and to such extent as it thinks fit, pay any damages or costs awarded against a member of a police force in respect of a tort committed by him in the performance or purported performance of his responsibilities under section 12, any costs incurred and not recovered by him in any such proceeding and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

17.7(1)Where the Lieutenant-Governor in Council determines that a joint board is not discharging its obligations pursuant to the agreement establishing the same or that, for any reason, the police services provided within a region are inadequate, the Lieutenant-Governor in Council upon the recommendation of the Commission, may take action to provide what he considers to be adequate police services within that region and the cost of providing such police services is a debt owed to Her Majesty that shall be charged to the parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.

17.7(2)No action shall be taken under subsection (1) until reasonable notice has been given to the joint board and the joint board has been given reasonable time to answer the allegation.

18(1)There shall be a New Brunswick Police Commission appointed by the Lieutenant-Governor in Council composed of a chairman, a vice-chairman and such other members as the Lieutenant-Governor in Council sees fit to appoint, each to be appointed for a term not to exceed ten years.

18(2)The Lieutenant-Governor in Council may designate a member of the Commission to serve either as a full-time member or as a part-time member.

18(2.1)If the chairman is absent or unable to act or if the office of chairman is vacant, the vice-chairman shall act as chairman and while so acting may exercise the powers and perform the duties of the chairman under this Act.

18(2.2)The chairman may assign to the vice-chairman the powers and duties of the chairman under this Act.

18(3)Members of the Commission designated as full-time members shall not engage in any business, trade, profession or occupation without prior approval in each particular case by the Lieutenant-Governor in Council.

18(4)A breach of subsection (3) is deemed to be cause for termination under subsection (8).

18(5)Members of the Commission designated as full-time members shall be paid an annual salary to be prescribed by the Lieutenant-Governor in Council.

18(6)The Lieutenant-Governor in Council may prescribe the remuneration to be paid to part-time members of the Commission and may fix the rate for reimbursement of expenses incurred by members while acting on behalf of the Commission.

18(7)A member of the Commission designated to serve as a full-time member is entitled, after having served at least ten years as a full-time member, to receive at age sixty-five a pension and benefits.

18(7.1)Subject to subsection (7), with respect to determining the pension and benefits referred to in subsection (7), sections 15 to 17 of the Provincial Court Act apply mutatis mutandis.

18(8)The appointment of the chairman or any member of the Commission may be terminated by the Lieutenant-Governor in Council for cause.

18(9)Where a member of the Commission is, in the opinion of the Minister, unable to carry out his duties by reason of his illness, absence or suspension, the Minister may designate another person to act during the illness, absence, or suspension of the member and the Lieutenant-Governor in Council may prescribe the remuneration to be paid to such person and may fix the rate for reimbursement of expenses of such person while acting for such member.

18(10)There may be appointed in accordance with the Civil Service Act such employees as the Commission considers necessary for the purposes of this Act.

19(1)The Commission shall in each year hold such meetings as it considers necessary, and meetings shall be open to the public unless the commission otherwise directs.

19(2)Two members of the Commission constitute a quorum.

19(3)Notwithstanding subsection (2) the chairman of the Commission may exercise and perform, and may authorize one or more members of the Commission to exercise and perform, the powers and duties of the Commission under section 22.

19(4)The Commission may hold meetings and perform any of its responsibilities anywhere within the Province.

21(4)Where the Commission is of the opinion that the equipment used or the uniform or the insignia worn or displayed by any person or by the employees of any person, or used by the members or employees of any unincorporated association, is so similar to that authorized by the Commission for the use of police officers that the public may be misled, the Commission may, by order in writing served personally or by registered mail on that person or, in the case of an association, the head or apparent head of that association within the Province, require that person or that association, together with the employees of that person or association or members of that association, to desist from the use of the equipment, uniform or insignia.

21(5)Service of an order pursuant to subsection (4) shall be deemed to be notice of the order and of its contents to every person employed by the person on whom it was served, and to every person who is a member of, employed by or otherwise serving the association affected thereby.

21(6)A person who violates an order made under subsection (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

22(1)Subject to subsection 26(2) where a person has a complaint relating to any aspect of the policing of any area of the Province he may state his complaint in writing to the chairman of the Commission.

22(2)The Commission may refer any complaint received under subsection (1) to a board, or council where a board has not been established, or to a chief of police.

22(3)Where a board, council or chief of police receives a referral of a complaint pursuant to subsection (2), the board, council or chief of police, as the case may be, shall investigate such complaint and shall report to the Commission the results of the investigation, or if the complaint is not investigated, the reason for failure to do so.

22(4)The Commission shall, at the direction of the Minister, and may

22(5)The Commission may, where it considers it necessary, conduct a hearing with respect to any matter that is the subject of an investigation under this section.

22(5.1)The Commission may appoint an investigator to conduct an investigation under this section.

22(5.2)The Commission may, subject to subsections (6), (7) and (11) and the regulations, establish its own procedure with respect to investigations and hearings under this section.

22(6)The Commission may, where it considers that there are compelling reasons in the public interest or in the interests of the witness, direct that a witness be examined in private.

22(7)Where evidence is taken in private under subsection (6), no person, without the consent of the Commission, shall disclose any evidence so taken or the name of any witness so examined, and a person who violates this subsection commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

22(8)The Commission shall file a report of every investigation and hearing under this section with the Minister and shall provide to the Minister access to all files prepared and all exhibits, depositions and other evidence presented or acquired during the course of an investigation or hearing.

22(9)Where the Commission undertakes an investigation pursuant to paragraph (4)(a), it may forward a report to the person initiating the investigation or to any other person the Commission considers desirable, upon the conclusion of the investigation and hearing, if any.

22(10)Where the Commission undertakes an investigation pursuant to paragraph (4)(b), it shall file a report with the board or council, as the case may be, upon the conclusion of the investigation and a hearing, if any.

22(11)Subject to subsections (6) and (12), any hearing under this section shall be open to the public.

22(12)Where in the opinion of the Commission there are exceptional circumstances concerning public interest or in the interest of an individual, a hearing or any portion thereof under this section may be held in private.

24(1)The Commission shall each year file with the Minister an annual report respecting the work of the Commission during the preceding fiscal year and such report shall include all aspects of policing in the Province and an assessment of the adequacy of policing by each police force and by the Royal Canadian Mounted Police.

24(2)The Commission shall file with the Minister such other reports as it considers necessary or that the Minister from time to time requests.

24(3)The annual report filed by the Commission shall be laid by the Minister before the Legislative Assembly if it is then sitting, or, if not, at the next ensuing sitting.

25(1)No member of a police force is subject to reduction in pay, to reduction in rank, to suspension or to dismissal for breach of the code of discipline except after proceedings taken under this Part.

25(2)Subsection (1) does not apply to the dismissal of a member of a police force who has not successfully completed the probationary period provided for in his contract of employment or in a collective agreement.

25(3)Notwithstanding subsection (1), a board, or a council where a board has not been established, may eliminate any position in a police force at any time if, in fulfilling its responsibilities under this Act in relation to the provision of police services, the board or council, as the case may be, determines that the position is no longer necessary and the Commission approves of such determination.

25.01(1)Notwithstanding subsection 25(1), the chief of police may suspend with pay a member of a police force where the chief of police has reason to believe that the member has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada.

25.01(2)Notwithstanding subsection 25(1), a board or a council where a board has not been established, may suspend with pay a chief of police where the board, joint board or council has reason to believe that the chief of police has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada.

25.02(1)Notwithstanding any other provision of this Act or the regulations, the Commission on the request of a board or a council where a board has not been established or a chief of police or on its own motion may suspend the conduct of an investigation under this Act where the investigation will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.

25.02(2)Where the Commission directs that an investigation that was suspended be commenced anew, the counting of time for the completion of the investigation shall begin anew and shall be the time prescribed under the regulations for the completion of the investigation.

25.03(1)Notwithstanding any other provision of this Act or the regulations,

25.03(2)Where a member of a police force or a chief of police, as the case may be, is acquitted following an appeal, the member of a police force or a chief of police shall receive all of the pay, remuneration, benefits and seniority to which the member of the police force or the chief of police would have been entitled during the period of suspension.

25.04(1)A chief of police shall not during a period of suspension

25.04(2)A member of a police force shall not during a period of suspension

25.04(3)A chief of police or a member of a police force, as the case may be, who violates subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

26(1)Where a person has a complaint relating to the conduct of a member of a police force he may state his complaint in writing to the chairman of the Commission.

26(2)The Commission may

26(3)Where the chief of police is the subject of the complaint, the Commission may refer the matter to the board or to the council where a board has not been established.

26(6)Notwithstanding subsection (3), where a chief of police is the subject of the complaint the Commission may

26(7)A chief of police, a board or a council, upon a request by the Commission and within twenty days following such request, shall forward to the Commission the full details of any investigation into a complaint under this Act, including

26(8)Where

26(9)Where, after an investigation and a hearing, a member of a police force has been found guilty by the Commission of a major violation of the code, the Commission may issue an order directing the chief of police or the board or council where the chief of police is the subject of the complaint

26(10)Where, after an investigation and a hearing, a member of a police force has been found guilty by the Commission of a minor violation of the code, the Commission may issue an order directing the chief of police or the board or council where the chief of police is the subject of the complaint

26(11)Where an order of the Commission is directed to a chief of police or the board or council where the chief of police is the subject of the complaint under subsection (9) or (10), the chief of police or the board or council where the chief of police is the subject of the complaint shall implement the order forthwith.

26(12)The Commission shall advise the person initiating the complaint of the disposition of the subject matter of the complaint.

27(1)Any person may make a complaint in writing to a board, or a council where a board has not been established, or to a chief of police relating to the conduct of a member of a police force.

27(2)Where a complaint is made to a board or council under subsection (1), the board or council shall, except where the complaint is made against the chief of police, refer the matter to the chief of police.

27(3)A chief of police, a board or a council, shall

28(1)A chief of police may investigate on his own motion, and shall investigate on the basis of a referral made by the Commission or on the basis of a complaint made under subsection 27(1) into the conduct of a member of the police force.

28(2)Notwithstanding subsection (1), a chief of police may request the Commission to appoint an investigator to conduct the investigation.

28(3)A chief of police may,

28(4)Any action taken by a police officer pursuant to an authorization granted by a chief of police under subsection (3) shall be deemed to have been taken by the chief of police.

28(5)Within twenty days of receiving a complaint that has been referred to him by the Commission, the chief of police shall submit a written report to the Commission containing details of any action taken in relation to the matter.

28(6)Notwithstanding subsection 25(1), a chief of police may suspend with pay the affected member pending the results of an investigation under this section and in such case shall immediately notify the board, or the council where a board has not been established, of the suspension.

28(7)Where, after an investigation and a hearing, the member of a police force has been found guilty by a chief of police of a major violation of the code, the chief of police may impose a sanction in accordance with subsection 26(9) and shall convey to the affected member the reasons for the decision.

28(8)Where, after an investigation and a hearing, the member of a police force has been found guilty by a chief of police of a minor violation of the code, the chief of police may impose a sanction in accordance with subsection 26(10) and shall convey to the affected member the reasons for the decision.

28(9)A chief of police shall report to the board, or to the council where a board has not been established, stating the results of the investigation and the disposition of the matter, or, if the investigation has not been conducted, the reasons therefor and shall forward a copy of the report to the Commission and shall forward to the person who made the complaint a statement of the action taken in the matter.

28(10)Where a chief of police fails to investigate a complaint made under subsection 27(1) or referred to him by the Commission, the Commission may perform the functions and has the powers and duties of a chief of police under this section.

29(1)Subject to subsection (7), a board, or a council where a board has not been established, may investigate on its own motion, and shall investigate on the basis of a referral made by the Commission or on the basis of a complaint made under subsection 27(1), into the conduct of a chief of police.

29(2)Where a board, or a council where a board has not been established, conducts an investigation under subsection (1), it shall appoint an investigator approved by the Commission to carry out on its behalf the investigation.

29(3)Notwithstanding subsection 25(1), a board or a council may suspend a chief of police with pay pending the results of an investigation under this section and in such case shall immediately notify the Commission of the suspension.

29(4)Where, after an investigation and a hearing, the chief of police has been found guilty by the board or council of a major violation of the code, the board, or a council where a board has not been established, may impose a sanction in accordance with subsection 26(9) and shall convey to the chief of police the reasons for its decision.

29(5)Where, after an investigation and a hearing, the chief of police has been found guilty by the board or council of a minor violation of the code, the board, or a council where a board has not been established, may impose a sanction in accordance with subsection 26(10) and shall convey to the chief of police the reasons for its decision.

29(6)Where an investigation has been carried out under this section, the board or council shall send a report to the Commission of the investigation stating the results of the investigation and the disposition of the matter and shall forward to the person who made the complaint a statement of the action that the board or council has taken in the matter.

29(7)Where an investigation under subsection (1) will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada, the board or council shall notify the Minister, who shall assign the conduct of the investigation to a member of the Royal Canadian Mounted Police or of a police force other than that of the chief of police to whom the investigation relates, and in such case the person authorized by the Minister to investigate shall submit to the board or council a report of the investigation.

29.2(1)Where an investigation into a complaint is conducted under this Part, every member of a police force shall provide the investigator with all information and assistance requested by the investigator.

29.2(2)Subsection (1) does not apply to

29.21(1)Subject to subsection (2), every complaint shall be filed within one year after the occurrence of the conduct that is the subject of the complaint.

29.21(2)The Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the complaint.

30(1)Any member of a police force who has been adjudged guilty of a minor or a major violation of the code may appeal by serving, within thirty days after the date upon which the member was served with the notice of the decision, a notice of appeal upon the person or body so adjudging setting forth the grounds upon which the appeal is based.

30(1.1)Where a notice of appeal is served in accordance with subsection (1) the appeal shall be determined by an arbitration board established in accordance with this section.

30(1.11)The notice of appeal shall contain the name of a person appointed to the arbitration board by the party serving the notice.

30(1.2)The party upon whom the notice of appeal is served shall, within five days after receiving the notice, appoint a member to the arbitration board and shall in writing advise the other party of the name of the person so appointed.

30(1.3)If the party upon whom the notice of appeal is served fails to appoint a member to the arbitration board within the time limit allowed by subsection (1.2) the Minister shall, on the request of the party that served the notice of appeal, make the appointment.

30(1.4)The Minister shall establish and maintain a list of persons who are members in good standing of the Law Society of New Brunswick or who are members or former members of the judiciary and who have indicated a willingness to act as a chairperson of an arbitration board in relation to an appeal under this section.

30(1.5)Within five days after the appointment made under subsection (1.2) or (1.3), the two members appointed to the arbitration board shall appoint from the list established and maintained under subsection (1.4) a third member to the arbitration board who shall be the chairperson.

30(1.6)If the two members appointed to the arbitration board fail to appoint a chairperson to the arbitration board within the limit allowed by subsection (1.5) the Minister shall, on the request of either party, make the appointment from the list established and maintained under subsection (1.4).

30(1.7)Notwithstanding any other provision of this section, the parties may, within five days after the notice of appeal referred to in subsection (1) is served, agree that the arbitration board shall consist of a single arbitrator.

30(1.8)If the parties agree that the arbitration board shall consist of a single arbitrator the parties shall, within five days after the expiry of the five day period referred to in subsection (1.7), appoint the single arbitrator from the list established and maintained under subsection (1.4).

30(1.9)If the parties fail within the time limit referred to in subsection (1.8) to appoint the single arbitrator, the Minister shall, on the request of either party, make the appointment from the list established and maintained under subsection (1.4).

30(2)Notwithstanding that a notice of appeal is served beyond the time limit allowed by subsection (1), an arbitration board shall in accordance with this section

30(3)The party upon whom the notice of appeal is served shall immediately upon the establishment of the arbitration board forward to the arbitration board a copy of the complaint, a transcript of the proceedings, if any, exhibits, if any, and the particulars of and the reasons for the finding and the punishment.

30(4)The arbitration board

30(5)On an appeal on the record under this section with respect to any finding or to the sanction imposed or to both, the arbitration board may

30(6)Where the arbitration board holds a hearing pursuant to paragraph (4)(b) and adjudges that the person in respect of which the hearing was conducted is guilty of a major violation of the code, the arbitration board may impose a sanction in accordance with subsection 26(9) and shall convey to that person the reasons for its decision.

30(7)Where the arbitration board holds a hearing pursuant to paragraph (4)(b) and adjudges that the person in respect of whom the hearing was conducted is guilty of a minor violation of the code, the arbitration board may impose a sanction in accordance with subsection 26(10) and shall convey to that person the reasons for its decision.

30(8)The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairperson shall be the decision of the arbitration board.

30(9)The decision of the arbitration board shall be final and binding upon the parties.

30(10)The Arbitration Act does not apply to arbitration board proceedings under this section.

30(11)Each of the parties to an arbitration board proceeding under this section shall pay

30(12)Notwithstanding any other Act, including the Industrial Relations Act and subject to subsection (13), where a member of a police force is alleged to have breached the code or has been adjudged guilty of a minor or major violation of the code the matter shall be dealt with in accordance with the provisions of this Act and the regulations.

30(13)Any action taken by a municipality, joint board, the Province or any agency of a municipality, joint board or the Province as the employer in relation to the conduct of a member of a police force that occurred before October 1, 1986 shall be taken in accordance with the individual agreement or collective agreement, as the case may be, in force on the date of the conduct in question.

30(14)Where a member of a police force serves a notice of appeal under this Act before the commencement of this subsection all proceedings consequent to the notice of appeal shall be dealt with in accordance with the law as it existed immediately before the commencement of this subsection.

33(1)The Commission, an arbitration board established in accordance with this Act, a board, council, chief of police or police officer authorized by a chief of police to conduct a hearing, when conducting any hearing or appeal, as the case may be, under this Act, is vested with all the powers and privileges of commissioners under the Inquiries Act and regulations thereunder except the power to punish for contempt, and may certify a contempt in accordance with section 34.

33(2)The procedural safeguards contained in the regulations under the Inquiries Act apply to any hearing or appeal conducted under this Act in so far as they are not inconsistent with the provisions of this Act or the regulations.

35.1(1)Every order or other document issued or made under this Act shall be signed

35.1(2)An order or other document purporting to be signed in accordance with subsection (1) shall be presumed, in the absence of evidence to the contrary, to be signed by the person purporting to sign it without proof of the person’s appointment, authority or signature.

36(1)Peace officers and persons licensed pursuant to the Private Investigators and Security Services Act other than police officers and members of the Royal Canadian Mounted Police who have knowledge of or who are investigating criminal offences shall immediately notify the chief of the police force or the officer in charge of the Royal Canadian Mounted Police, as the case may be, responsible for policing the area where the alleged offence took place of such knowledge or investigation.

36(2)Any person who fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.