Acts and Regulations

P-9.2 - Police Act

Full text
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community or regional municipality shall not pass a resolution under subsection (1) unless it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
7(1.1)The board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chair from among its members.
7(6)An appointment to a board shall be for a term not exceeding four years.
7(6.01)If a member ceases to be a mayor or a councillor or ceases to maintain the member’s ordinary residence within the municipality for which the member was appointed, the board shall declare the position to be vacant and a new appointment shall be made, as the case may be, in accordance with subsection (4).
7(6.1)A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)If a member of a board is unable to carry out the duties of the member by reason of the member’s illness, absence or suspension, the Minister, in the case of a member appointed by the Minister, or the mayor of the municipality, in the case of a member appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the member’s illness, absence or suspension.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the council, if the mayor has designated the member or the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of the duties of the member.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6; 2011, c.6, s.1; 2017, c.20, s.137; 2021, c.25, s.1
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community or regional municipality shall not pass a resolution under subsection (1) unless it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
7(1.1)The board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chair from among its members.
7(6)An appointment to a board may be for a term not exceeding four years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).
7(6.1)A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the mayor of the municipality, where the mayor has designated the member or where the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, or section 188 of the Local Governance Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6; 2011, c.6, s.1; 2017, c.20, s.137
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.
7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chair from among its members.
7(6)An appointment to a board may be for a term not exceeding four years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).
7(6.1)A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the mayor of the municipality, where the mayor has designated the member or where the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6; 2011, c.6, s.1
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.
7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chair from among its members.
7(6)An appointment to a board may be for a term not exceeding four years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).
7(6.1)A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the mayor of the municipality, where the mayor has designated the member or where the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6; 2011, c.6, s.1
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.
7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chair from among its members.
7(6)An appointment to a board may be for a term not exceeding three years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).
7(6.1)A member of a board may be reappointed for one additional term not exceeding three years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the mayor of the municipality, where the mayor has designated the member or where the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62; 2005, c.21, s.6
Municipal boards of police commissioners
7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.
7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.
7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall
(a) provide and maintain an adequate police force within the municipality and comply with the provisions of any collective agreement to which it is a party, and
(b) be deemed to be the employer of the members of the police force and persons employed to serve a police force in matters relating to labour relations.
7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).
7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.
7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.
7(4)Subject to subsection (7), a board shall consist of
(a) one or more persons who are ordinarily resident in the municipality, appointed by the Minister,
(b) one or more members of council, one of whom shall be the mayor or a person designated by the mayor,
(c) one or more persons appointed by the council who are ordinarily resident in the municipality but who are not members of council, and
(d) the chief of police, ex officio, who shall be a non-voting member.
7(5)The Board shall select a chairman from among its members.
7(6)An appointment to a board may be for a term not exceeding three years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).
7(6.1)A member of a board may be reappointed for one additional term not exceeding three years.
7(6.2)A vacancy on the board shall not affect its power to act.
7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).
7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.
7(9)A member of the board may be dismissed for cause
(a) by the Minister, where the Minister has appointed the member or where the member is the mayor or a councillor, or
(b) by the mayor of the municipality, where the mayor has designated the member or where the council has appointed the member.
7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.
7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.
7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.
7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.
7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.
7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.
7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.
7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.
7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.
7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.
7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.
7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.
7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.
1981, c.59, s.5; 1997, c.55, s.4; 2005, c.7, s.62