Acts and Regulations

P-9.2 - Police Act

Full text
Withdrawal of a complaint
2005, c.21, s.15
25.4(1)A complainant may, at any time, file a written notice of withdrawal of a complaint with the chief of police, civic authority or Commission, as the case may be.
25.4(2)If the notice of withdrawal is filed with the chief of police, the chief of police shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a police officer, to the affected police officer.
25.4(3)If the notice of withdrawal is filed with the civic authority, the civic authority shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a chief of police, to the affected chief of police.
25.4(4)If the notice of withdrawal is filed with the Commission, the Commission shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the appropriate chief of police or civic authority and, if the complaint concerns the conduct of a member of a police force, to the affected member of a police force.
25.4(5)Notwithstanding subsections (2), (3) and (4), if the notice of withdrawal of a conduct complaint is filed before the affected member of a police force has been notified of the substance of the conduct complaint under subsection 27.4(1) or 30.3(1), the chief of police, civic authority or Commission, as the case may be, may, in the discretion of the chief of police, civic authority or Commission, decide not to provide a copy of the notice of withdrawal to the member of a police force.
25.4(6)Notwithstanding the withdrawal of a complaint,
(a) the Commission may
(i) process the complaint, or
(ii) order the chief of police or civic authority, as the case may be, to process the complaint under Division B or C,
(b) the chief of police may, on the chief of police’s own motion, process the complaint under Subdivision b of Division C, or
(c) the civic authority may, on its own motion, process the complaint under Subdivision c of Division C.
25.4(7)The chief of police, civic authority or Commission, as the case may be, may give the complainant notice in writing of the decision under subsection (6) and, if the complaint concerns the conduct of a member of a police force, the chief of police, civic authority or Commission, as the case may be, shall give the affected member of a police force notice in writing of the decision.
2005, c.21, s.15; 2021, c.25, s.1
Withdrawal of a complaint
2005, c.21, s.15
25.4(1)A complainant may, at any time, file a written notice of withdrawal of a complaint with the chief of police, civic authority or Commission, as the case may be.
25.4(2)If the notice of withdrawal is filed with the chief of police, he or she shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a police officer, to the affected police officer.
25.4(3)If the notice of withdrawal is filed with the civic authority, the civic authority shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a chief of police, to the affected chief of police.
25.4(4)If the notice of withdrawal is filed with the Commission, the Commission shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the appropriate chief of police or civic authority and, if the complaint concerns the conduct of a member of a police force, to the affected member of a police force.
25.4(5)Notwithstanding subsections (2), (3) and (4), if the notice of withdrawal of a conduct complaint is filed before the affected member of a police force has been notified of the substance of the conduct complaint under subsection 27.4(1) or 30.3(1), the chief of police, civic authority or Commission, as the case may be, may, in the discretion of the chief of police, civic authority or Commission, decide not to provide a copy of the notice of withdrawal to the member of a police force.
25.4(6)Notwithstanding the withdrawal of a complaint,
(a) the Commission may
(i) process the complaint, or
(ii) order the chief of police or civic authority, as the case may be, to process the complaint under Division B or C,
(b) the chief of police may, on his or her own motion, process the complaint under Subdivision b of Division C, or
(c) the civic authority may, on its own motion, process the complaint under Subdivision c of Division C.
25.4(7)The chief of police, civic authority or Commission, as the case may be, may give the complainant notice in writing of the decision under subsection (6) and, if the complaint concerns the conduct of a member of a police force, the chief of police, civic authority or Commission, as the case may be, shall give the affected member of a police force notice in writing of the decision.
2005, c.21, s.15