Acts and Regulations

P-9.2 - Police Act

Full text
Investigation of police matters by Commission
22(1)Subject to Part III, where a person has a complaint relating to any aspect of the policing of any area of the Province, the person may state their complaint in writing to the chair of the Commission.
22(2)The Commission may refer any complaint received under subsection (1) to a board or a joint board, or a council if a board or a joint board has not been established, or to a chief of police.
22(3)Where a board, joint board, council or chief of police receives a referral of a complaint pursuant to subsection (2), the board, joint 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)At the direction of the Minister, the Commission shall investigate a matter relating to any aspect of the policing of an area of the Province and may conduct such an investigation
(a) on its own motion, with the approval of the Minister,
(b) on the request of a board, joint board or council, or
(c) in response to a complaint.
22(4.1)For the purposes of paragraph (4)(a), the Commission shall make a request to the Minister and the Minister shall advise the Commission of the Minister’s decision with written reasons within 14 days after receiving the request.
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(5.11)An investigator may engage experts to assist the investigator on any matter related to the investigation.
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 2 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, joint 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.
1984, c.54, s.14; 1990, c.61, s.110; 1991, c.26, s.12; 1996, c.26, s.1; 2005, c.21, s.13; 2021, c.25, s.1
Investigation of police matters by Commission
22(1)Subject to Part III, where a person has a complaint relating to any aspect of the policing of any area of the Province, the person may state his or her complaint in writing to the chair 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
(a) on its own motion,
(b) in response to a complaint by a person, or
(c) at the request of a board or council,
investigate any matter relating to any aspect of the policing of any area of the Province.
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.
1984, c.54, s.14; 1990, c.61, s.110; 1991, c.26, s.12; 1996, c.26, s.1; 2005, c.21, s.13
Investigation of police matters by Commission
22(1)Subject to Part III, where a person has a complaint relating to any aspect of the policing of any area of the Province, the person may state his or her complaint in writing to the chair 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
(a) on its own motion,
(b) in response to a complaint by a person, or
(c) at the request of a board or council,
investigate any matter relating to any aspect of the policing of any area of the Province.
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.
1984, c.54, s.14; 1990, c.61, s.110; 1991, c.26, s.12; 1996, c.26, s.1; 2005, c.21, s.13
Investigation of police matters by Commission
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
(a) on its own motion,
(b) in response to a complaint by a person, or
(c) at the request of a board or council,
investigate any matter relating to any aspect of the policing of any area of the Province.
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.
1984, c.54, s.14; 1990, c.61, s.110; 1991, c.26, s.12; 1996, c.26, s.1