Acts and Regulations

P-9.2 - Police Act

Full text
Investigation
2005, c.21, s.15
28(1)A chief of police shall proceed with an investigation into a conduct complaint if
(a) the chief of police and the police officer fail to achieve consensus on an informal resolution,
(b) the chief of police determines that an attempt to resolve the complaint informally is inappropriate, or
(c) the Commission orders an investigation.
28(2)If a chief of police proceeds with an investigation under subsection (1), the chief of police shall give the complainant and the police officer notice in writing of such.
28(3)The chief of police shall give the Commission notice in writing of the decision of the chief of police to proceed with an investigation under paragraph (1)(a) or (b).
28(4)An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.
1981, c.59, s.20; 1984, c.54, s.16; 1986, c.64, s.7; 1988, c.67, s.8; 1991, c.26, s.14; 2005, c.21, s.15; 2021, c.25, s.1
Investigation
2005, c.21, s.15
28(1)A chief of police shall proceed with an investigation into a conduct complaint if
(a) the chief of police and the police officer fail to achieve consensus on an informal resolution,
(b) the chief of police determines that an attempt to resolve the complaint informally is inappropriate, or
(c) the Commission orders an investigation.
28(2)If a chief of police proceeds with an investigation under subsection (1), he or she shall give the complainant and the police officer notice in writing of such.
28(3)The chief of police shall give the Commission notice in writing of his or her decision to proceed with an investigation under paragraph (1)(a) or (b).
1981, c.59, s.20; 1984, c.54, s.16; 1986, c.64, s.7; 1988, c.67, s.8; 1991, c.26, s.14; 2005, c.21, s.15
Investigation
2005, c.21, s.15
28(1)A chief of police shall proceed with an investigation into a conduct complaint if
(a) the chief of police and the police officer fail to achieve consensus on an informal resolution,
(b) the chief of police determines that an attempt to resolve the complaint informally is inappropriate, or
(c) the Commission orders an investigation.
28(2)If a chief of police proceeds with an investigation under subsection (1), he or she shall give the complainant and the police officer notice in writing of such.
28(3)The chief of police shall give the Commission notice in writing of his or her decision to proceed with an investigation under paragraph (1)(a) or (b).
1981, c.59, s.20; 1984, c.54, s.16; 1986, c.64, s.7; 1988, c.67, s.8; 1991, c.26, s.14; 2005, c.21, s.15
Investigation of complaints by chief of police
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,
(a) authorize a police officer to carry out on his behalf an investigation under this section, and
(b) authorize a police officer to hold a hearing arising from that investigation and to impose any sanction that the chief of police may impose,
but shall not authorize the same police officer to perform the functions of both paragraph (a) and paragraph (b) in relation to a single matter.
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.
1981, c.59, s.20; 1984, c.54, s.16; 1986, c.64, s.7; 1988, c.67, s.8; 1991, c.26, s.14