Acts and Regulations

P-9.2 - Police Act

Full text
Provision by Crown of adequate police services
2021, c.25, s.1
5(1)On the recommendation of the Commission, the Lieutenant-Governor in Council may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within a municipality if the Lieutenant-Governor in Council determines that
(a) a municipality is not discharging its obligations under section 3,
(b) a board is not discharging its obligations under section 7, or
(c) the police services provided within a municipality are inadequate for any reason.
5(1.1)The cost of providing police services under subsection (1) is a debt owed to the Crown in right of the Province that shall be charged to the municipality and may be deducted from any funds payable from the Province to the municipality or may be recovered by action in any court of competent jurisdiction.
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 the Lieutenant-Governor in Council considers to be adequate police services within that area, and the cost of providing such police services is a debt owed to the Crown in right of the Province that shall be charged to the person and may be recovered from the person by action in any court of competent jurisdiction.
1988, c.64, s.10; 1997, c.55, s.3; 2021, c.25, s.1
Provision by Crown of adequate police services
5(1)Where the Lieutenant-Governor in Council determines that
(a) a municipality is not discharging its obligations under section 3,
(b) a board is not discharging its obligations under section 7, or
(c) for any reason, the police services provided within a municipality are inadequate,
the Lieutenant-Governor in Council, upon the recommendation of the Commission, may take action to provide what the Lieutenant-Governor in Council considers to be adequate police services within that municipality, and the cost of providing such police services is a debt owed to Her Majesty that shall be charged to the municipality and may be deducted from any funds payable from the Province to the municipality or may be recovered by action in any court of competent jurisdiction.
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.
1988, c.64, s.10; 1997, c.55, s.3