Acts and Regulations

P-9.2 - Police Act

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Suspension of the processing of a conduct complaint
2005, c.21, s.15
30(1)Notwithstanding any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of a civic authority, suspend the processing of a conduct complaint under this Subdivision where the processing 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.
30(2)If the Commission suspends the processing of a conduct complaint, the period during which the processing is suspended shall not be included in the prescribed periods relating to the processing of a conduct complaint, including the maximum number of days for which a chief of police may be paid.
1981, c.59, s.22; 1986, c.64, s.11; 1987, c.41, s.18; 1988, c.64, s.10; 1991, c.26, s.15; 1998, c.42, s.8; 2005, c.21, s.15; 2021, c.25, s.1
Suspension of the processing of a conduct complaint
2005, c.21, s.15
30(1)Notwithstanding any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of a civic authority, suspend the processing of a conduct complaint under this Subdivision where the processing 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.
30(2)If the Commission suspends the processing of a conduct complaint by a civic authority, the period of time prescribed in subsection 25.1(4) is suspended during the period of suspension and resumes on the completion of the period of suspension.
1981, c.59, s.22; 1986, c.64, s.11; 1987, c.41, s.18; 1988, c.64, s.10; 1991, c.26, s.15; 1998, c.42, s.8; 2005, c.21, s.15
Appeals to Police Discipline Appeal Board
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
(a) be established, and
(b) determine the appeal where, in the opinion of the arbitration board,
(i) there are reasonable grounds for the failure to serve the notice of appeal within the time limit allowed by subsection (1), and
(ii) the party upon whom the notice of appeal is served is not substantially prejudiced.
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
(a) shall decide the appeal on the record and may, where it considers necessary, consider additional evidence, or
(b) shall conduct a new hearing where, in its opinion, the record is insufficient to conduct a proper appeal.
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
(a) dismiss the appeal;
(b) allow the appeal in whole or in part and may vary the decision or sanction or both; or
(c) refer the matter back to the police officer authorized by the chief of police to conduct the hearing, the chief of police, board, council or Minister, as the case may be, with directions.
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
(a) one-half of the remuneration and expenses of the single arbitrator or the chairperson of the arbitration board, as the case may be, and
(b) where applicable, the remuneration and expenses of the member of the arbitration board that is appointed by or on behalf of that party.
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.
1981, c.59, s.22; 1986, c.64, s.11; 1987, c.41, s.18; 1988, c.64, s.10; 1991, c.26, s.15; 1998, c.42, s.8