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2021, c.25 - An Act Respecting the Police Act

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2021, c.25

An Act Respecting the Police Act

Assented to June 11, 2021

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Police Act

1(1)Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended

(a) by repealing the following definitions:

“disciplinary and corrective measures”;

“police services”;

(b) in the French version by repealing the definition « Ministre »;

“representative” means(représentant)

(a) a lawyer who is a member of the Law Society of New Brunswick entitled to practise law in the courts of New Brunswick,

(b) the president of the police officer’s local trade union, or the president’s designate,

(c) if the member of a police force is not a member of a local trade union, a member of a police force designated by the member to represent the member, or

(d) any other person designated by the member of a police force to represent the member;

(d) by repealing the definition “service or policy complaint” and substituting the following:

“service or policy complaint” means a complaint concerning (plainte relative aux services ou aux politiques)

(a) the general direction, management or operation of a police force,

(b) the policies and internal procedures of a police force,

(d) the training programs or resources of a police force, or

(e) the ability of a police force to respond to requests for assistance;

(e) in the definition “board” by striking out “, and when used in section 1.1, subsections 6(1) and 13(1) and section 22 includes a joint board”;

(f) in the definition “mayor” by striking out “a rural community or regional municipality” and substituting “a municipality, rural community or regional municipality”;

(g) in the definition “service record of discipline” by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(h) in the English version of the definition “chief of police” by striking out “on his or her behalf” and substituting “on behalf of the chief of police”;

(i) in the English version of the definition “support person” by striking out “him or her” and substituting “the complainant”;

(j) by adding the following definition in alphabetical order:

“corrective and disciplinary measures” means the corrective and disciplinary measures prescribed by regulation;(mesures correctives et disciplinaires)

“Fund” means the Municipal Police Assistance Fund established under section 5.01, unless the context otherwise indicates;(Fonds)

“police services” or “policing” means the provision of police protection by means of(maintien de l’ordre) or(services de police)

(a) entering into an agreement under section 4, 17.01 or 17.1 in respect of the provision of police protection, or

(b) the provision and maintenance of a police force;

(k) by adding the following definition in the French version in alphabetical order:

“ministre” s’entend du ministre de la Justice et de la Sécurité publique ou de toute personne qu’il désigne pour le représenter;(Minister)

1(2)The heading “Pouvoirs du Ministre” preceding section 1.1 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.

1(3)Section 1.1 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (a) by striking out “and” at the end of the paragraph;

(iii) in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma;

(iv) by adding after paragraph (b) the following:

(c) assess the adequacy of each police force and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities, and

(d) determine whether each municipality is maintaining an adequate level of policing.

(b) in subsection (2)

(i) in the portion preceding paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (a) by striking out “boards” and substituting “boards, joint boards”;

(iii) in paragraph (b) in the portion preceding subparagraph (i) by striking out “boards” and substituting “boards, joint boards”;

1(4)Section 2 of the Act is amended

(a) in subsection (1) by striking out “The Lieutenant-Governor in Council may” and substituting “With the authorization of the Lieutenant-Governor in Council, the Minister may”;

(b) in subsection (1.1) by striking out “The Lieutenant-Governor in Council may” and substituting “With the authorization of the Lieutenant-Governor in Council, the Minister may”;

1(5)Section 2.01 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.

1(6)Subsection 2.1(2) of the French version of the Act is amended by striking out “Ministre” wherever it appears and substituting “ministre”.

1(7)Section 3 of the Act is amended

(a) in subsection (1) of the French version by striking out “de maintenir des services de police suffisants” and substituting “d’assurer des services de police adéquats”;

(b) in subsection (1.1) of the French version by striking out “de maintenir des services de police suffisants” and substituting “d’assurer des services de police adéquats”;

(d) in subsection (4) of the English version

(i) in paragraph (a) by striking out “his responsibilities” and substituting “the person’s responsibilities”;

(ii) in paragraph (c) by striking out “conducted himself” and substituting “acted”.

1(8)Section 3.1 of the Act is amended

(a) in paragraph (2)(d) of the English version by striking out “his or her duties” and substituting “the duties of the chief of police”;

(b) in subsection (3)

(i) in paragraph b) of the French version by striking out “suffisant” and substituting “adéquat”;

(ii) in paragraph (e) of the English version by striking out “his or her responsibilities” and substituting “the responsibilities of the chief of police”.

1(9)The Act is amended by adding after section 3.1 the following:

Delegation by the civic authority

3.2(1)A civic authority may delegate in writing to any person any of the powers or duties of the civic authority under this Act, except the power of delegation.

3.2(2)In a delegation under subsection (1), the civic authority

(a) shall establish the manner in which the delegate is to exercise the delegated authority, and

(b) may impose on the delegate terms and conditions that the civic authority considers appropriate.

3.2(3)A delegate shall

(a) exercise the delegated authority in the manner established in the delegation, and

(b) comply with the terms and conditions imposed in the delegation.

3.2(4)A person purporting to exercise a power or duty of the civic authority by virtue of a delegation under subsection (1) shall produce evidence of their authority to exercise that power or duty when required to do so.

1(10)Paragraph 4c) of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.

1(11)The heading “Interdiction à une municipalité relativement à la police” preceding section 4.1 of the French version of the Act is repealed and the following is substituted:

Interdiction relative aux services de police

1(12)Section 4.1 of the Act is repealed and the following is substituted:

4.1A municipality shall not, without the consent in writing of the Minister,

(a) establish, abolish or disband a police force,

(b) withdraw from an agreement under which it is policed, or under which it provides policing to another municipality, or

1(13)The heading “Prestation par la Couronne de services de police suffisants” preceding section 5 of the French version of the Act is repealed and the following is substituted:

Fourniture par la Couronne de services de police adéquats

1(14)Section 5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) by adding after subsection (1) the following:

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.

(c) in subsection (3) by striking out “he considers” and “Her Majesty” and substituting “the Lieutenant-Governor in Council considers” and “the Crown in right of the Province” respectively.

1(15)The Act is amended by adding after section 5 the following:

Municipal Police Assistance Fund

5.01(1)There is established a fund called the Municipal Police Assistance Fund.

5.01(2)The Minister shall be the custodian of the Fund and the Fund shall be held in trust by the Minister.

5.01(3)The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.

5.01(4)All interest arising from the Fund shall be paid into and form part of the Fund.

5.01(5)The Fund may receive direct contributions.

5.01(6)When the contributions are made by individuals, partnerships or corporations under subsection (5), the contributions shall be deemed to be gifts to the Crown in right of the Province.

5.01(7)Subsection (6) does not apply to contributions made by a department or agency of the Government of New Brunswick or of Canada or a provincial or federal Crown corporation.

5.01(8)The Fund shall be credited with the following amounts:

(a) an amount that represents 25% of the revenue from a payment in respect of an offence under an Act of the Legislature or a regulation made under an Act of the Legislature or under the Criminal Code (Canada);

(b) gifts and legacies paid into the Fund; and

5.01(9)Money received that is subject to trust conditions shall be disbursed in accordance with those conditions.

5.01(10)The following persons and entities may apply to the Minister for a grant from the Fund:

(a) a chief of police;

(b) the New Brunswick Association of Chiefs of Police;

(d) the Department of Justice and Public Safety acting on behalf of the police forces and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities.

5.01(11)Subject to any trust conditions, the Minister may authorize expenditures from the Fund for

(a) a project that would benefit all of the police forces and the detachments of the Royal Canadian Mounted Police policing municipalities under agreements with the municipalities,

(b) a project, not funded by other sources, to meet special policing needs and that would

(i) enhance the quality of policing in the Province, or

(ii) develop expertise in specific policing techniques, or

5.01(12)The Minister may at any time seek the advice and recommendations from a person, organization or body with respect to payments out of the Fund for any of the purposes set out in subsection (11).

5.01(13)The fiscal year of the Fund shall be the 12-month period ending on March 31 in any year.

5.01(14)Each year, the Minister shall prepare a report on the Fund and provide the report to the New Brunswick Association of Chiefs of Police.

1(16)The heading “Prise en charge d’une enquête par le Ministre” preceding section 6 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.

1(17)Section 6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

6(1)The Minister may authorize a member of a police force or a member of the Royal Canadian Mounted Police to conduct an investigation of an alleged offence

(a) on the request of a board or a joint board, or a council if a board or a joint board has not been established, a chief of police or the Commanding Officer of the Royal Canadian Mounted Police, or

(b) if the Minister considers it appropriate in the interest of the administration of justice.

(b) by adding after subsection (1) the following:

6(1.1)If a member is authorized to conduct an investigation under subsection (1), the Minister shall notify in writing the board, council, police chief or Commanding Officer concerned, as the case may be.

(i) in the portion preceding paragraph (a) by striking out “subsection (1)” and substituting “subsection (1.1)”;

(ii) in paragraph (a) by striking out “by him” and substituting “by the Minister”;

(iii) in paragraph (b) by striking out “by him” and substituting “by the Minister”;

(iv) by repealing paragraph (c) and substituting the following:

(c) deliver to the Minister, or to any person authorized by the Minister to investigate, possession of all files, documents and physical objects relating to the investigation that are in the possession of the member.

(d) in subsection (3) by striking out “Part II” and substituting “Part 2”.

1(18)Section 7 of the Act is amended

(a) in paragraph (1.1)a) of the French version by striking out “suffisant” and substituting “adéquat”;

(b) in subsection (2) of the French version by striking out “suffisant” and substituting “adéquat”;

(d) by repealing subsection (6) and substituting the following:

7(6)An appointment to a board shall be for a term not exceeding four years.

(e) by adding after subsection (6) the following:

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).

(f) in subsection (7) of the French version by striking out “Ministre” and substituting “ministre”;

(g) by repealing subsection (8) and substituting the following:

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.

(h) in subsection (9)

(i) in paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) by repealing paragraph (b) and substituting the following:

(b) by the council, if the mayor has designated the member or the council has appointed the member.

(i) in subsection (12) of the English version by striking out “his duties” and substituting “the duties of the member”.

1(19)The heading “Non-création de comités en cas d’accords de prestation de service de police” preceding section 8 of the French version of the Act is repealed and the following is substituted:

Non-création de comités en cas d’accords prévoyant la fourniture de services de police

1(20)Section 11 of the English version of the Act is amended

(a) in subsection (4) by striking out “he was appointed” and substituting “the chief of police or the police officer was appointed”;

(b) in subsection (6) by striking out “his pay” and substituting “the member’s pay”.

1(21)Section 12 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

12(1)A police officer shall perform the following duties throughout the Province:

(a) maintain law and order;

(b) prevent the commission of offences;

(d) escort and convey persons in custody to or from a court or other place;

(e) serve and execute, or assist in serving and executing, court process in respect of offences;

(f) maintain order in the courts;

(g) assist in taking children into the protective care of the Minister of Social Development and enforce court orders issued in family proceedings when the safety or security of a child or other person is at risk; and

(h) assist in the enforcement of a court order on the request of the Minister.

(b) by adding after subsection (1) the following:

12(1.1)A police officer may perform all other duties and services that may lawfully be performed by the police officer.

12(2)A member of the Royal Canadian Mounted Police or a police officer appointed for a municipality or region who is investigating an alleged offence or otherwise discharging the responsibilities of the member or officer in a municipality or region policed by another police force shall notify, as soon as the circumstances permit, the police force responsible for policing that municipality or region as to the purpose of the discharge of the responsibilities.

(d) in subsection (2.1)

(i) in the portion preceding paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (b) by striking out “his responsibilities” and substituting “the member’s responsibilities”;

(e) in subsection (3) of the English version by striking out “his responsibility” and substituting “the member’s responsibility”.

1(22)Section 13 of the Act is amended

(a) in subsection (1) by striking out “board, or a council where a board” and substituting “board or a joint board, or a council if a board or a joint board”;

(b) in subsection (1.1) of the French version by striking out “Ministre” and substituting “ministre”.

1(23)The Act is amended by adding after section 13 the following:

Court liaison officers

13.1(1)For the purposes of this section, a “court liaison officer” means a person who performs an administrative function to support police officers or members of the Royal Canadian Mounted Police in their work with the courts, including swearing to an information before a judge of the provincial court.

13.1(2)A police force may appoint an employee of the police force, other than a police officer, as a court liaison officer.

13.1(3)A court liaison officer has the powers and immunities of a police officer only for the purpose of performing their function as a court liaison officer.

1(24)Subsection 14(3) of the English version of the Act is amended by striking out “he or she” and substituting “the by-law enforcement officer”.

1(25)Section 14.1 of the Act is amended

(a) in subsection (1) of the French version by striking out “Ministre” and substituting “ministre”;

(b) in subsection (3) of the French version by striking out “Ministre” and substituting “ministre”;

(c) in subsection (7) by striking out “as soon as is practicable” and substituting “as soon as the circumstances permit”.

1(26)Section 17 of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

17(1)A municipality is liable in respect of a tort committed by a member of the police force in the performance or purported performance of the member’s duties under section 12 in the same manner as an employer is liable in respect of a tort committed by the employer’s employee in the course of employment if

(b) by repealing subsection (2) and substituting the following:

17(2)In the cases and to the extent that it sees fit, a municipality may pay

(a) damages or costs awarded against a member of a police force in a civil proceeding in respect of a tort committed by the member in the performance or purported performance of the member’s duties under section 12,

(b) costs incurred and not recovered by the member in such proceedings, and

1(27)Section 17.01 of the Act is amended

(a) in subsection (1) of the French version by striking out “Ministre” and substituting “ministre”;

(b) in subsection (2)

(i) in subparagraph c)(ii) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (e)

(A) in the portion preceding subparagraph (i) of the English version by striking out “policing service” and substituting “policing”;

(B) in subparagraph (iv) of the French version by striking out “fonds en surplus” and substituting “excédents”;

(iii) in paragraph l) of the French version by striking out “Ministre” and substituting “ministre”;

(c) in subsection (3) of the French version by striking out “Ministre” and “où l’ordre doit être maintenu” and substituting “ministre” and “où le maintien de l’ordre doit être assuré” respectively.

1(28)The Act is amended by adding before subsection 17.03(1) the following:

Employment

1(29)Section 17.05 of the Act is amended

(a) in subsection (1) of the French version by striking out “suffisants” and substituting “adéquats”;

(b) by repealing subsection (4) and substituting the following:

17.05(4)An appointment to a regional policing authority shall be for a term not exceeding four years.

17.05(4.1)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 regional policing authority shall declare the position to be vacant and a new appointment shall be made, as the case may be.

(d) in subsection (7) by striking out “of illness or absence” and substituting “of illness or absence of the member”;

(e) in subsection (8)

(i) in paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (b) by striking out “mayor of the municipality” and substituting “civic authority”;

(f) in subsection (13) by striking out “Commission” and substituting “Minister”;

(g) in subsection (14) by striking out “Commission” and substituting “Minister”.

1(30)The heading “Services de police suffisants dans une région” preceding section 17.07 of the French version of the Act is amended by striking out “suffisants” and substituting “adéquats”.

1(31)Section 17.07 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

17.07(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 region if the Lieutenant-Governor in Council determines that

(a) a regional policing authority is not discharging its obligations pursuant to an agreement, or

(b) the police services provided within a region are inadequate for any reason.

(b) by adding after subsection (1) the following:

17.07(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 parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.

1(32)Section 17.1 of the French version of the Act is amended

(a) in subsection (1) by striking out “Ministre” and substituting “ministre”;

(b) in subsection (2)

(i) in subparagraph d)(ii) by striking out “Ministre” and substituting “ministre”;

(ii) in subparagraph f)(iv) by striking out “fonds en surplus” and substituting “excédents”;

(iii) in paragraph m) by striking out “Ministre” and substituting “ministre”;

(c) in subsection (3) by striking out “Ministre” and “où l’ordre doit être maintenu” and substituting “ministre” and “où le maintien de l’ordre doit être assuré” respectively.

1(33)Section 17.2 of the Act is amended

(a) in subsection (1) of the French version by striking out “suffisant” and substituting “adéquat”;

(b) in subsection (2) of the French version by striking out “suffisant” and substituting “adéquat”;

17.2(5)An appointment to a joint board shall be for a term not exceeding four years.

(d) by adding after subsection (5) the following:

17.2(5.01)If a member ceases to be a mayor or a councillor or ceases to maintain the person’s ordinary residence within the municipality or region for which the person was appointed, the joint board shall declare the position to be vacant and a new appointment shall be made, as the case may be.

(e) by repealing subsection (7) and substituting the following:

17.2(7)If a member of a joint 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 to represent the municipality, may designate another person to act as a member of the joint board during the member’s illness, absence or suspension.

(f) in subsection (8)

(i) in paragraph a) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (b) by striking out “the mayor of the municipality” and substituting “the civic authority”;

(g) in subsection (11) of the English version by striking out “his duties” and substituting “the member’s duties”.

1(34)Subsection 17.4(3) of the English version of the Act is amended by striking out “his approval” and substituting “the Minister’s approval”.

1(35)Section 17.6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

17.6(1)A joint board is liable in respect of a tort committed by a member of the police force in the performance or purported performance of the member’s duties under section 12 in the same manner as an employer is liable in respect of a tort committed by the employer’s employee in the course of employment.

(b) by repealing subsection (2) and substituting the following:

17.6(2)In the cases and to the extent that it sees fit, a joint board may pay

(b) costs incurred and not recovered by the member in such proceedings, and

1(36)The heading “Fourniture par la Couronne de services de police suffisants” preceding section 17.7 of the French version of the Act is amended by striking out “suffisants” and substituting “adéquats”.

1(37)Section 17.7 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

17.7(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 region if the Lieutenant-Governor in Council determines that

(a) a joint board is not discharging its obligations pursuant to an agreement, or

(b) the police services provided within a region are inadequate for any reason.

(b) by adding after subsection (1) the following:

17.7(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 parties to the agreement, for which they are liable jointly and severally, and may be deducted from any funds payable from the Province to the parties to the agreement or may be recovered by action in any court of competent jurisdiction.

1(38)Section 17.95 of the English version of the Act is amended

(a) in paragraph (a) by striking out “his or her attention” and substituting “the member’s attention”;

(b) in paragraph (b) by striking out “his or her work” and substituting “their work”.

1(39)Section 17.96 of the English version of the Act is amended

(a) in subparagraph (1)(b)(ii) by striking out “he or she” and substituting “the arbitrator”;

(b) in subsection (2) by striking out “his or her” and substituting “the arbitrator’s”.

1(40)Section 18 of the Act is amended

(a) in subsection (9) by striking out “his” wherever it appears and substituting “the member’s”;

(b) by adding after subsection (10) the following:

18(11)The Commission may delegate in writing any of its powers or duties and may impose on the delegate terms and conditions that it considers appropriate.

1(41)The heading “Power of Commission” preceding section 20 of the Act is amended by striking out “Power” and substituting “Assessment”.

1(42)Section 20 of the Act is repealed and the following is substituted:

20The Commission may assess whether the Province is discharging its obligation to maintain an adequate level of policing.

1(43)Section 22 of the Act is amended

(a) in subsection (1) of the English version by striking out “his or her” and substituting “their”;

(b) in subsection (2) by striking out “board, or council where a board” and substituting “board or a joint board, or a council if a board or a joint board”;

(c) in subsection (3) by striking out “board, council” wherever it appears and substituting “board, joint board, council”;

(d) by repealing subsection (4) and substituting the following:

22(4)At the direction of the Minister, the Commission shall investigate a matter relating to any aspect of the policing of an area of the Province and may conduct such an investigation

(a) on its own motion, with the approval of the Minister,

(b) on the request of a board, joint board or council, or

(e) by adding after subsection (4) the following:

22(4.1)For the purposes of paragraph (4)(a), the Commission shall make a request to the Minister and the Minister shall advise the Commission of the Minister’s decision with written reasons within 14 days after receiving the request.

(f) by adding after subsection (5.1) the following:

22(5.11)An investigator may engage experts to assist the investigator on any matter related to the investigation.

(g) in subsection (7) by striking out “Part II” and substituting “Part 2”;

(h) in subsection (8) of the French version by striking out “Ministre” and substituting “ministre”;

(i) in subsection (10) by striking out “board or council” and substituting “board, joint board or council”.

1(44)The heading “Repository of disciplinary and corrective measures” preceding section 22.1 of the Act is amended by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”.

1(45)Section 22.1 of the Act is amended

(a) in subsection (1) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(b) in subsection (2) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

1(46)Section 24 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

24(1)Each year, the Commission shall file with the Minister an annual report respecting the work of the Commission during the preceding fiscal year which may include any aspect of policing in the Province.

(b) in subsection (2) of the French version by striking out “Ministre” and substituting “ministre”;

1(47)Section 25 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

25(1)A person shall file a service or policy complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.

(b) by repealing subsection (2) and substituting the following:

25(2)A person shall file a conduct complaint in writing with the chair of the Commission or with the appropriate chief of police or deputy chief of police.

1(48)Section 25.1 of the Act is amended

(a) by repealing (1) and substituting the following:

25.1(1)A complaint shall be filed within

(a) one year after the date of the alleged incident or omission that is the subject of the complaint, or

(b) one year after the last alleged incident or omission, in the case of a series of incidents or omissions that are the subject of the complaint.

(b) in subsection (2) by striking out “The Commission may” and substituting “Despite subsection (1), the Commission may”;

(c) in subsection (3) of the French version by striking out “l’infraction présumée” and substituting “la prétendue infraction”;

(d) by repealing subsection (4) and substituting the following:

25.1(4)Within 120 days after the filing of a conduct complaint, the chief of police, civic authority or police officer, as the case may be, may request to the Commission in writing a settlement conference and the Commission shall notify the chief of police, civic authority and police officer, as the case may be, and the complainant of the request within 10 days after receiving the request.

(e) by adding after subsection (4) the following:

25.1(4.1)The parties referred to in section 28.9 or 31.8, as the case may be, may accept the request for a settlement conference within 10 days after receiving notice by the Commission by sending their acceptance in writing to the Commission and the Commission shall notify the chief of police or the civic authority, as the case may be, of their decision.

(f) by repealing subsection (5).

1(49)Section 25.2 of the Act is amended by adding after subsection (5) the following:

25.2(5.1)Despite subsections (1) to (5), a complaint filed by a member of a police force that may be the subject of a grievance under a collective agreement and dealt with in accordance with the grievance process set out in the agreement shall not be characterized and processed under this Part.

1(50)Section 25.4 of the English version of the Act is amended

(a) in subsection (2) by striking out “he or she” and substituting “the chief of police”;

(b) in paragraph (6)(b) by striking out “his or her” and substituting “the chief of police’s”.

1(51)Subsection 25.5(2) of the Act is amended

(a) in paragraph (a) of the English version by striking out “policing services” and substituting “policing”;

(b) in paragraph (b) by striking out “policing services” and substituting “policing”.

1(52)The Act is amended by adding after section 25.5 the following:

False or misleading statements, complaints made in bad faith and preventing the filing of complaints

25.51(1)No person shall

(a) knowingly make a false or misleading statement when filing a service or policy complaint or conduct complaint,

(b) file a service or policy complaint or conduct complaint that is made in bad faith, or

25.51(2)A person who violates or fails to comply with paragraph (1)(a), (b) or (c) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

1(53)Section 25.6 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

25.6(3)If the chief of police processes a service or policy complaint referred to the chief of police under paragraph (2)(a), the chief of police shall give the complainant, civic authority and Commission notice in writing of the decision within 14 days after receiving the referral or as soon as the circumstances permit after that period.

(b) by repealing subsection (4) and substituting the following:

25.6(4)If the civic authority, in consultation with the chief of police, processes a service or policy complaint under paragraph (2)(b), the civic authority shall give the complainant and the Commission notice in writing of its decision within 14 days after receiving the complaint or as soon as the circumstances permit after that period.

1(54)Section 25.7 of the French version of the Act is amended by striking out “allégation d’infraction” and substituting “prétendue infraction”.

1(55)Section 25.9 of the Act is amended by striking out “the Commission” and substituting “the Minister”.

1(56)The heading “False or misleading statements, complaints made in bad faith and preventing the filing of complaints” preceding section 26 of the Act is repealed.

1(57)Section 26 of the Act is repealed.

1(58)Section 26.2 of the French version of the Act is amended by striking out “présente partie ou de la division B” and substituting “présente section ou de la section B”.

1(59)Section 26.3 of the Act is amended

(a) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;

(b) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, and”;

(d) subject to the approval of the chief of police, civic authority or Commission, as the case may be, engage experts, consultants or additional investigators to assist the investigator on any matter related to the investigation.

1(60)Paragraph 26.4(2)(b) of the English version of the Act is amended by striking out “his or her” and substituting “their”.

1(61)Subsection 26.7(3) of the Act is amended by striking out “Part II” and substituting “Part 2”.

1(62)Section 26.8 of the Act is amended

(a) by renumbering the section as subsection 26.8(1);

(b) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “with pay”;

(ii) in paragraph (d) of the English version by striking out “his or her” and substituting “their”;

26.8(2)If conditions have materially changed in the opinion of a chief of police, the chief of police may

(a) terminate the suspension of a police officer, or

(b) act under subsection (1) more than once during the processing of a conduct complaint.

26.8(3)A police officer referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the police officer shall be suspended without pay.

26.8(4)The maximum number of days for which a police officer may be paid applies to the cumulative number of days for which the police officer is suspended during the processing of a conduct complaint.

1(63)Section 26.9 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

26.9(1)Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, with regard to a police officer who pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,

(a) a chief of police may suspend without pay the police officer, even if the finding or sentence is under appeal, and

(b) if the police officer is suspended at the time of pleading guilty or being found guilty, the police officer shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.

(b) in subsection (3) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”.

1(64)Subsection 27(2) of the Act is amended by striking out “Part II” and substituting “Part 2”;

1(65)Section 27.1 of the English version of the Act is amended by striking out “his or her” and substituting “the chief of police’s”.

1(66)Section 27.2 of the Act is amended

(a) in subsection (1) of the French version by striking out “infraction présumée” and substituting “prétendue infraction”;

(b) by repealing subsection (2) and substituting the following:

27.2(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 police officer may be paid.

1(67)Subsection 27.4(1) of the English version of the Act is amended by striking out “he or she” and substituting “the chief of police”.

1(68)Section 27.6 of the Act is amended by adding after subsection (2) the following:

27.6(2.1)If the Commission orders the chief of police to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint 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 police officer may be paid.

1(69)Subsection 27.7(2) of the English version of the Act is amended by striking out “his or her decision” and substituting “the decision”.

1(70)Section 27.9 of the Act is amended

(a) by renumbering the section as subsection 27.9(1);

(b) in paragraph (1)(b) by striking out “to conduct an investigation” and substituting “to proceed with processing the conduct complaint”;

27.9(2)If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission 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 police officer may be paid.

1(71)Section 28 of the Act is amended

(a) in subsection (2) of the English version by striking out “he or she” and substituting “the chief of police”;

(b) in subsection (3) of the English version by striking out “his or her decision” and substituting “the decision of the chief of police”;

28(4)An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.

1(72)Section 28.1 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “may” and substituting “shall, within 30 days after the filing of the complaint”;

(b) in subsection (2) of the English version in the portion preceding paragraph (a) by striking out “he or she” and substituting “the chief of police”;

(c) in subsection (3) by striking out “shall appoint” and “or appoint” and substituting “shall, within 30 days after the filing of the complaint, appoint” and “or, within 30 days after the filing of the complaint, appoint” respectively.

1(73)Subsection 28.2(1) of the Act is amended in the portion preceding paragraph (a) by striking out “Upon completion of an investigation” and substituting “Within 60 days after the appointment of an investigator”.

1(74)Section 28.3 of the Act is repealed and the following is substituted:

28.3(1)If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within 10 days after the date the details of the investigation are received by the chief of police,

(a) a new investigation by the chief of police or a chief of police of another police force, or

(b) specific steps to be taken by the investigator within the periods determined by the Commission.

28.3(2)If the Commission orders a new investigation, the chief of police shall appoint an investigator in accordance with section 28.1.

28.3(3)The investigator shall provide the chief of police with the details of the investigation referred to in subsection 28.2(1) within 30 days after the appointment of the investigator and, on receipt of the documents, the chief of police shall provide the items referred to in subsection 28.2(2) to the Commission, the police officer and the complainant.

28.3(4)Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the police officer or the chief of police may request to the Commission in writing a settlement conference within 10 days after the chief of police receives the details of the investigation under subsection (3).

1(75)Section 28.4 of the Act is amended

(a) in subsection (1)

(i) in paragraph a) of the French version by striking out “lorsqu’il détermine” and substituting “s’il détermine”;

(ii) by repealing paragraph (b) and substituting the following:

(b) continue with processing the conduct complaint if there is sufficient evidence that the police officer committed a breach of the code.

(b) by repealing subsection (2) and substituting the following:

28.4(2)If the chief of police decides not to take further action under paragraph (1)(a), the chief of police shall give the police officer, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.

1(76)Section 28.5 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “complainant” and substituting “complainant, within 14 days after receiving notice under subsection 28.4(2)”;

(b) in paragraph (b) by striking out “conduct a settlement conference” and substituting “continue with processing the conduct complaint”.

1(77)Section 28.7 of the Act is amended

(a) in subsection (1)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

28.7(1)If the parties agree to proceed to a settlement conference, the chief of police shall perform the following duties:

(ii) by repealing paragraph (c) and substituting the following:

(i) of the settlement conference, and

(ii) of their right to attend the settlement conference and to make representations orally or in writing.

(b) in subsection (2)

(i) in paragraph (a) by striking out “conference” and substituting “conference and whether the settlement conference will be held in person, by telephone or by video conference”;

(ii) in paragraph b) of the French version by striking out “l’infraction présumée” and substituting “la prétendue infraction”;

(iii) in paragraph (d) by striking out “conference” and substituting “conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed”;

28.7(3)The police officer shall advise the chief of police as to whether they will attend the settlement conference within 7 days after receiving the notice of settlement conference.

28.7(4)Despite paragraph (2)(d) and subsection (3), if the police officer wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the police officer may advise the chief of police within 7 days after receiving the notice of settlement conference.

28.7(5)If the police officer advises the chief of police under subsection (4), the chief of police shall choose a mutually convenient time which is no more than 90 days after the police officer receives the notice of settlement conference or within a longer period if agreed to by the police officer and the chief of police.

1(78)Section 28.8 of the Act is amended by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”.

1(79)Section 29.1 of the Act is repealed and the following is substituted:

29.1The police officer or the chief of police may attend a settlement conference with a representative who may act on behalf of the police officer or the chief of police, as the case may be.

1(80)Section 29.4 of the Act is amended

(a) in subsection (1) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(b) in subsection (2) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

1(81)Section 29.5 of the Act is amended

(a) by repealing subparagraph (2)(b)(i) and substituting the following:

(i) serve notice on the chief of police and the police officer of a settlement with recommendations, or

(b) by adding after subsection (2) the following:

29.5(3)The chief of police and the police officer who receive notice under subparagraph (2)(b)(i) may accept the settlement with recommendations within 10 days after receiving the notice.

29.5(4)If the chief of police or the police officer does not accept the settlement with recommendations within 10 days after receiving the notice, the chief of police shall serve a notice of arbitration hearing on the police officer and give the complainant notice in writing of the arbitration hearing.

1(82)The Act is amended by adding after section 29.5 the following:

Notice of arbitration hearing

29.51(1)A chief of police may serve a notice of arbitration hearing on the police officer at any time during the processing of a conduct complaint under this subdivision.

29.51(2)A chief of police shall serve a notice of arbitration hearing on the police officer if a conduct complaint under this subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.

1(83)Section 29.6 of the Act is amended

(a) by renumbering the section as subsection 29.6(1);

(b) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “with pay”;

(ii) in paragraph (d) of the English version by striking out “his or her regular duties” and substituting “the regular duties of the chief of police”;

29.6(2)If conditions have materially changed in the opinion of a civic authority, the civic authority may

(a) terminate the suspension of a chief of police, or

(b) act under subsection (1) more than once during the processing of a conduct complaint.

29.6(3)A chief of police referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the chief of police shall be suspended without pay.

29.6(4)The maximum number of days for which a chief of police may be paid applies to the cumulative number of days for which the chief of police is suspended during the processing of a conduct complaint.

1(84)Section 29.7 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

29.7(1)Pending the outcome of proceedings taken under this Part and despite any other provision of this Act or the regulations, with regard to a chief of police who pleads guilty or is found guilty of an offence under an Act of the Legislature or an Act of the Parliament of Canada,

(a) a civic authority may suspend without pay the chief of police, even if the finding or sentence is under appeal, and

(b) if the chief of police is suspended at the time of pleading guilty or being found guilty, the chief of police shall remain suspended and shall not receive pay, even if the finding or sentence is under appeal.

(b) in subsection (3) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”.

1(85)Subsection 29.8(2) of the Act is amended by striking out “Part II” and substituting “Part 2”;

1(86)Section 30 of the Act is amended

(a) in subsection (1) of the French version by striking out “infraction présumée” and substituting “prétendue infraction”;

(b) by repealing subsection (2) and substituting the following:

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.

1(87)The heading “Enquête sur une allégation d’infraction” preceding section 30.1 of the French version of the Act is amended by striking out “allégation d’infraction” and substituting “prétendue infraction”.

1(88)Section 30.1 of the French version of the Act is amended

(a) in subsection (1) by striking out “allégation d’infraction” and “Ministre” and substituting “prétendue infraction” and “ministre” respectively;

(b) in subsection (2) by striking out “Ministre” and substituting “ministre”;

1(89)Section 30.5 of the Act is amended by adding after subsection (2) the following:

30.5(2.1)If the Commission orders the civic authority to proceed with processing the conduct complaint under subsection (2), the period between the summary dismissal and the resumption of processing the conduct complaint 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.

1(90)Section 30.8 of the Act is amended

(a) by renumbering the section as subsection 30.8(1);

(b) in paragraph (1)(b) by striking out “to conduct an investigation” and substituting “to proceed with processing the conduct complaint”;

30.8(2)If the Commission reviews the results of an informal resolution, the period between the commencement of the review and the decision by the Commission 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.

1(91)Section 30.9 of the Act is amended by adding after subsection (3) the following:

30.9(4)An investigation into a conduct complaint does not prevent the resolution of the conduct complaint by informal resolution or summary dismissal.

1(92)Section 31 of the Act is amended

(a) in subsection (1) by striking out “shall” and substituting “shall, within 30 days after the filing of the complaint,”;

(b) in subsection (2) by striking out “shall appoint” and substituting “shall, within 30 days after the filing of the complaint, appoint”.

1(93)Subsection 31.1(1) of the Act is amended in the portion preceding paragraph (a) by striking out “Upon completion of an investigation” and substituting “Within 60 days after the appointment of an investigator”.

1(94)Section 31.2 of the Act is repealed and the following is substituted:

31.2(1)If the Commission is of the opinion that an investigation was inadequate, the Commission may order, within 10 days after the date the details of the investigation are received by the civic authority,

(a) a new investigation by the civic authority, or

(b) specific steps to be taken by the investigator within the periods determined by the Commission.

31.2(2)If the Commission orders a new investigation, the civic authority shall appoint an investigator in accordance with section 31.

31.2(3)The investigator shall provide the civic authority with the details of the investigation referred to in subsection 31.1(1) within 30 days after the appointment of the investigator and, on receipt of the document, the civic authority shall provide the items referred to in subsection 31.1(2) to the Commission, the chief of police and the complainant.

31.2(4)Despite subsection 25.1(4), if the 120-day period for requesting a settlement conference has elapsed, the chief of police or the civic authority may request to the Commission in writing a settlement conference within 10 days after the civic authority receives the details of the investigation under subsection (3).

1(95)Section 31.3 of the Act is amended

(a) in subsection (1)

(i) in paragraph a) of the French version by striking out “lorsqu’elle détermine” and substituting “si elle détermine”;

(ii) by repealing paragraph (b) and substituting the following:

(b) continue with processing the conduct complaint if there is sufficient evidence that the chief of police committed a breach of the code.

(b) by repealing subsection (2) and substituting the following:

31.3(2)If the civic authority decides not to take further action under paragraph (1)(a), the civic authority shall give the chief of police, complainant and Commission notice in writing of the decision and shall advise the complainant that the complainant may request in writing, within 14 days after receiving notice, that the Commission review the decision.

1(96)Section 31.4 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “complainant” and substituting “complainant, within 14 days after receiving notice under subsection 31.3(2)”;

(b) in paragraph (b) by striking out “conduct a settlement conference” and substituting “continue with processing the conduct complaint”.

1(97)Section 31.6 of the Act is amended

(a) in subsection (1)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

31.6(1)If the parties agree to proceed to a settlement conference, the civic authority shall perform the following duties:

(ii) by repealing paragraph (c) and substituting the following:

(i) of the settlement conference, and

(ii) of their right to attend the settlement conference and to make representations orally or in writing.

(b) in subsection (2)

(i) in paragraph (a) by striking out “conference” and substituting “conference and whether the settlement conference will be held in person, by telephone or by video conference”;

(ii) in paragraph b) of the French version by striking out “l’infraction présumée” and substituting “la prétendue infraction”;

(iii) in paragraph (d) by striking out “conference” and substituting “conference or the conduct complaint has not been resolved within 180 days after the date the complaint is filed”;

31.6(3)The chief of police shall advise the civic authority as to whether they will attend the settlement conference within 7 days after receiving the notice of settlement conference.

31.6(4)Despite paragraph (2)(d) and subsection (3), if the chief of police wishes to attend the settlement conference but is unable to attend at the date and time indicated in the notice of settlement conference, the chief of police may advise the civic authority within 7 days after receiving the notice of settlement conference.

31.6(5)If a chief of police advises the civic authority under subsection (4), the civic authority shall choose a mutually convenient time which is no more than 90 days after the chief of police receives the notice of settlement conference or within a longer period if agreed to by the chief of police and the civic authority.

1(98)Section 31.7 of the Act is amended by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”.

1(99)Section 32 of the Act is repealed and the following is substituted:

32The chief of police or the civic authority may attend a settlement conference with a representative who may act on behalf of the chief of police or the civic authority, as the case may be.

1(100)Section 32.3 of the Act is amended

(a) in subsection (1) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(b) in subsection (2) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

1(101)Section 32.4 of the Act is amended

(a) by repealing subparagraph (2)(b)(i) and substituting the following:

(i) serve notice on the civic authority and the chief of police of a settlement with recommendations, or

(b) by adding after subsection (2) the following:

32.4(3)The civic authority and the chief of police who receive notice under subparagraph (2)(b)(i) may accept the settlement with recommendations within 10 days after receiving the notice.

32.4(4)If the civic authority or the chief of police does not accept the settlement with recommendations within 10 days after receiving the notice, the civic authority shall serve a notice of arbitration hearing on the chief of police and give the complainant notice in writing of the arbitration hearing.

1(102)The Act is amended by adding after section 32.4 the following:

Notice of arbitration hearing

32.41(1)A civic authority may serve a notice of arbitration hearing on the chief of police at any time during the processing of a conduct complaint under this subdivision.

32.41(2)A civic authority shall serve a notice of arbitration hearing on the chief of police if a conduct complaint under this subdivision has not been resolved by summary dismissal, an informal resolution or a settlement reached at a settlement conference within 180 days after the date the complaint is filed.

1(103)Section 32.6 of the Act is amended

(a) in subsection (1) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”;

(b) in subsection (2) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”;

(c) in subsection (6) by striking out “his or her decision within fifteen days” and substituting “the arbitrator’s decision within 30 days”.

1(104)The heading “EXTRA-JURISDICTIONAL POLICE OFFICERS APPOINTED IN NEW BRUNSWICK” preceding section 32.71 of the English version of the Act is amended by striking out “EXTRA-JURISDICTIONAL” and substituting “EXTRAJURISDICTIONAL”.

1(105)Section 32.71 of the English version of the Act is amended

(a) by repealing the following definitions:

“extra-jurisdictional commander”;

“extra-jurisdictional police officer”;

(b) by adding the following definitions in alphabetical order:

“extrajurisdictional commander” means an extrajurisdictional commander as defined in the Cross-Border Policing Act. (chef extraterritorial)

“extrajurisdictional police officer” means an extrajurisdictional police officer as defined in the Cross-Border Policing Act.(agent de police extraterritorial)

1(106)Section 32.72 of the Act is amended

(a) in subsection (1) of the English version by striking out “his or her” and substituting “their”;

(b) in subsection (3) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”.

1(107)Subsection 32.73(3) of the French version of the Act is amended by striking out “l’infraction présumée” and substituting “la prétendue infraction”.

1(108)Section 32.74 of the English version of the Act is amended

(a) in subsection (1) by striking out “extra-jurisdictional” and substituting “extrajurisdictional”;

(b) in subsection (3) by striking out “extra-jurisdictional” and substituting “extrajurisdictional”.

1(109)Section 32.75 of the English version of the Act is amended

(a) in subsection (2) by striking out “extra-jurisdictional” and substituting “extrajurisdictional”;

(b) in subsection (3) by striking out “extra-jurisdictional” wherever it appears and substituting “extrajurisdictional”.

1(110)Subsection 32.76(2) of the English version of the Act is amended by striking out “extra-jurisdictional” and substituting “extrajurisdictional”.

1(111)The heading “False or misleading statements, conduct complaints made in bad faith and preventing the filing of conduct complaints” preceding section 32.77 of the Act is repealed.

1(112)Section 32.77 of the Act is repealed.

1(113)Subsection 32.85(3) of the Act is amended by striking out “Part II” and substituting “Part 2”.

1(114)Section 32.86 of the Act is amended

(a) in subsection (1) of the French version by striking out “infraction présumée” and substituting “prétendue infraction”;

(b) in subsection (2) of the English version by striking out “extra-jurisdictional” and substituting “extrajurisdictional”.

1(115)Paragraph 32.9(2)b) of the French version of the Act is amended by striking out “l’infraction présumée” and substituting “la prétendue infraction”.

1(116)Section 32.91 of the Act is amended by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”.

1(117)Section 32.94 of the English version of the Act is amended by striking out “his or her behalf” and substituting “behalf of the member”.

1(118)Subsection 32.97(1) of the Act is amended by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”.

1(119)Section 32.99 of the Act is amended

(a) in subsection (1) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”;

(b) in subsection (2) by striking out “disciplinary or corrective” and substituting “corrective and disciplinary”;

1(120)The heading “Powers under Inquiries Act” preceding section 33 of the Act is amended by striking out “under Inquiries Act” and substituting “and immunities of arbitrator”.

1(121)Section 33 of the Act is repealed and the following is substituted:

33(1)When conducting an arbitration hearing under Part I.1, III or III.2, an arbitrator may

(a) by summons, require a person to attend before the arbitrator, testify under oath or affirmation and produce to the arbitrator any relevant document or other thing in the person’s possession or control, and

(b) administer oaths and affirmations.

33(2)A proceeding shall not be commenced against an arbitrator for any act or omission made in good faith in the exercise or performance, or intended exercise or performance, of any power or duty under this Act.

1(122)Section 33.05 of the English version of the Act is amended

(a) in paragraph (1)(c) by striking out “his or her” and substituting “the person’s”;

(b) in subsection (3) by striking out “he or she” and substituting “the person”.

1(123)Section 35 of the Act is repealed and the following is substituted:

35(1)A notice or other document required by this Act to be served on a person may be served personally or by registered mail to the last known address of the person.

35(2)If a notice or other document is sent by registered mail, it is deemed to have been served on the fifth day after the notice or document is mailed unless the person to be served establishes that, through no fault of that person, they did not receive the notice or document.

1(124)Paragraph 35.1(1)a) of the French version of the Act is amended by striking out “Ministre” wherever it appears and substituting “ministre”.

1(125)Section 36 of the Act is amended

(a) in subsection (1) of the French version by striking out “l’infraction alléguée” and substituting “la prétendue infraction”;

(b) in subsection (2) by striking out “Part II” and substituting “Part 2”.

1(126)Section 38 of the Act is amended

(a) in paragraph (c) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(b) in paragraph (f) by striking out “discipline and corrective” and substituting “corrective and disciplinary”;

(d) in paragraph n) of the French version by striking out “Ministre” and substituting “ministre”;

(e) in paragraph s) of the French version by striking out “Ministre” and substituting “ministre”.

Regulations under the Police Act

2(1)Section 2 of the English version of New Brunswick Regulation 86-76 under the Police Act is amended

(a) in subsection (3) in the portion following paragraph (e) by striking out “him of the right to procure the found personal property and shall return the property to the finder upon his” and substituting “the finder of the right to procure the found personal property and shall return the property to the finder on the finder”;

(b) in paragraph (5)(b) by striking out “him at his” and substituting “the finder at the finder’s”.

2(2)New Brunswick Regulation 91-119 under the Police Act is amended

(a) in section 2

(i) in paragraph c) of the French version by striking out “Ministre” and substituting “ministre”;

(ii) in paragraph (d) by striking out “Narcotic Control Act” and substituting “Controlled Drugs and Substances Act”;

(b) in the heading “NOMINATION DES CHEFS ET SOUS-CHEFS DE POLICE” preceding section 7 of the French version by striking out “SOUS-CHEFS DE POLICE” and substituting “DE POLICE ET CHEFS DE POLICE ADJOINTS”;

7To qualify for appointment as chief of police or deputy chief of police, a person shall

(a) be a police officer, or former police officer, appointed under section 10, 11 or 17.3 of the Act or appointed or employed under the law of another province or a territory of Canada, or a member, or former member, of the Royal Canadian Mounted Police,

(b) meet the conditions under section 2, and

2(3)New Brunswick Regulation 2007-81 under the Police Act is amended

(a) in the heading “DISCIPLINARY AND CORRECTIVE MEASURES” preceding section 3 by striking out “DISCIPLINARY AND CORRECTIVE” and substituting “CORRECTIVE AND DISCIPLINARY”;

(b) in section 3

(i) in the portion preceding paragraph (a) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(ii) in paragraph (a) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(iii) in paragraph (b) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(iv) in paragraph (c) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(i) in subsection (1) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(ii) in subsection (2) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(iii) in subsection (5) of the English version by striking out “his or her” and substituting “their”;

(iv) in subsection (6) of the English version by striking out “his or her” and substituting “their”;

(d) in the heading “Repository of disciplinary and corrective measures” preceding section 5 by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(e) in section 5

(i) in the portion preceding paragraph (a) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(ii) in paragraph a) of the French version by striking out “en vertu de” and substituting “prévue à”;

(iii) in paragraph b) of the French version by striking out “en vertu de” and substituting “prévue à”;

(iv) in paragraph (c) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(f) in the heading “Disciplinary and corrective measures” preceding section 6 by striking out “Disciplinary and corrective” and substituting “Corrective and disciplinary”;

(g) in section 6 in the portion preceding paragraph (a) by striking out “disciplinary and corrective” wherever it appears and substituting “corrective and disciplinary”;

(h) in section 7 of the French version

(i) in paragraph a) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(ii) in paragraph b) by striking out “en vertu de” and substituting “prévue à”;

(i) in section 9 of the French version

(i) in subsection (1) in the portion preceding paragraph a) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(ii) in paragraph (2)a) by striking out “l’infraction présumée au code en vertu de” and substituting “la prétendue infraction au code prévue à”;

(iii) in paragraph (4)a) by striking out “l’infraction présumée au code en vertu de” and substituting “la prétendue infraction au code prévue à”;

(iv) in paragraph (5)a) by striking out “qui est présumé avoir commis une infraction au code prévu à” and substituting “qui aurait commis une infraction au code prévue à”;

(v) in paragraph (6)a) by striking out “l’infraction présumée au code prévu à” and substituting “la prétendue infraction au code prévue à”;

(j) in section 10 by adding after subsection (3) the following:

10(4)The arbitrator may conduct an arbitration hearing by video conference.

(k) by repealing section 11 and substituting the following:

11The arbitrator shall

(a) commence an arbitration hearing within 30 days after the date the notice of arbitration hearing is served, and

(b) complete the arbitration hearing within 60 days after the date the hearing is commenced.

(l) in section 12 of the French version

(i) in subsection (1) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and “l’infraction présumée” and substituting “qui aurait commis une infraction au code prévue à” and “la prétendue infraction” respectively;

(ii) in subsection (2) by striking out “l’infraction présumée au code en vertu de” and substituting “la prétendue infraction au code prévue à”;

(iii) in subsection (3) by striking out “l’infraction présumée au code prévu à” and substituting “la prétendue infraction au code prévue à”;

(m) in section 14 of the English version by striking out “his or her” and substituting “their”;

(n) in section 17 of the French version

(ii) in subsection (2) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(iii) in subsection (3) by striking out “qui est présumé avoir commis une infraction au code prévu à” and “l’infraction présumée” and substituting “qui aurait commis une infraction au code prévue à” and “la prétendue infraction” respectively;

(iv) in subsection (4) by striking out “qui est présumé avoir commis une infraction au code prévu à” and “l’infraction présumée” and substituting “qui aurait commis une infraction au code prévue à” and “la prétendue infraction” respectively;

(o) in section 18 of the English version by striking out “his or her” and substituting “their”;

(p) in section 19 of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(q) in section 21

(i) by repealing subsection (1) and substituting the following:

21(1)Subject to subsection (2), if the arbitrator determines that there are exceptional circumstances, the arbitrator may adjourn an arbitration hearing to a specified date that may be beyond the 60-day period referred to in paragraph 11(b).

(ii) in subsection (2) by striking out “date” and substituting “date that may be beyond the 60-day period referred to in paragraph 11(b)”;

(r) by repealing section 22;

(s) in subsection 23(3) of the English version by striking out “he or she” and substituting “the stenographer”;

(t) in section 25 of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(u) in the heading “Admettre ou nier une allégation d’infraction au code” preceding section 26 of the French version by striking out “allégation d’infraction” and substituting “prétendue infraction”;

(v) in section 26 of the French version

(i) in subsection (1) by striking out “qui est présumé avoir commis une infraction au code en vertu de l’article 35 les infractions alléguées” and substituting “qui aurait commis une infraction au code prévue à l’article 35 les prétendues infractions”;

(ii) in subsection (2) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(iii) in subsection (3) by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(w) in the heading “Admettre une allégation d’infraction au code” preceding section 27 of the French version by striking out “allégation d’infraction” and substituting “prétendue infraction”;

(x) in section 27

(i) in the portion preceding paragraph a) of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and “l’infraction alléguée” and substituting “qui aurait commis une infraction au code prévue à” and “la prétendue infraction” respectively;

(ii) in paragraph a) of the French version by striking out “l’allégation d’infraction” and substituting “la prétendue infraction”;

(iii) in paragraph (b) by striking out “disciplinary and corrective” and substituting “corrective and disciplinary”;

(y) in the heading “Nier une allégation d’infraction au code” preceding section 28 of the French version by striking out “allégation d’infraction” and substituting “prétendue infraction”;

(z) in section 28 of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and “l’infraction alléguée” and substituting “qui aurait commis une infraction au code prévue à” and “la prétendue infraction” respectively;

(aa) in section 30 of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(bb) in section 31 of the French version by striking out “qui est présumé avoir commis une infraction au code en vertu de” and substituting “qui aurait commis une infraction au code prévue à”;

(cc) by repealing section 32 and substituting the following:

32The evidence or any part of the evidence presented at an arbitration hearing with respect to an alleged breach of the code under section 35 shall not be destroyed until

(a) at least three months have elapsed since the arbitrator gave the parties to an arbitration hearing, the Commission and the complainant notice in writing of the arbitrator’s decision and an application for judicial review to The Court of Queen’s Bench of New Brunswick has not been made, or

(b) the consent of the Commission, the arbitrator and the member of the police force who is the subject of the hearing have been obtained.

(dd) in section 34 of the English version

(i) in paragraph (c) by striking out “his or her” wherever it appears and substituting “their”;

(ii) by repealing paragraph (f) and substituting the following:

(f) to be incorruptible, never accepting or seeking special privilege in the performance of their duties or otherwise placing themselves under any obligation that may prejudice the proper performance of their duties;

(iii) in paragraph (g) by striking out “his or her” and substituting “their”;

(ee) in section 35 of the English version

(i) in the portion preceding paragraph (a) by striking out “he or she” and substituting “the member”;

(ii) in paragraph (b) by striking out “his or her” and substituting “their”;

(iii) in paragraph (f) by striking out “his or her” and substituting “their”;

(ff) in section 36

(i) in subsection (1)

(A) in paragraph (a) of the English version

(I) in subparagraph (i) by striking out “he or she” and substituting “the member”;

(II) in subparagraph (ii) by striking out “he or she” and substituting “the member”;

(B) in subparagraph d)(iii) of the French version by striking out “infraction alléguée” and substituting “prétendue infraction”;

(ii) in subsection (2) of the English version by striking out “he or she” and substituting “the member”;

(gg) in section 37 of the English version

(i) in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”;

(ii) in subparagraph (a)(ii) by striking out “his or her” and substituting “their”;

(hh) in paragraph 38(b) of the English version by striking out “his or her” and substituting “their”;

(ii) in paragraph 39(1)(a) of the English version

(i) in the portion preceding subparagraph (i) by striking out “his or her” wherever it appears and substituting “their”;

(ii) in subparagraph (i) by striking out “his or her” and substituting “their”;

(jj) in section 40 of the English version

(i) in paragraph (a) by striking out “his or her” and substituting “their”;

(ii) in paragraph (b) by striking out “his or her” and substituting “their”;

(iii) in paragraph (d) by striking out “his or her” and substituting “their”;

(iv) in paragraph (e) by striking out “his or her” and substituting “their”;

(kk) in section 41 of the English version in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”;

(ll) in paragraph 42(a) of the English version by striking out “his or her” and substituting “their”;

(mm) in subparagraph 43(a)(ii) of the English version by striking out “his or her” and substituting “their”;

(nn) by repealing section 45 and substituting the following:

45A member of a police force is guilty of a breach of the code if the member pleads guilty or is found guilty of

(a) an offence under an Act of the Legislature, an Act of another province or a territory of Canada or an Act of the Parliament of Canada that renders the member unfit to perform their duties or that is likely to bring the reputation of the police force with which the member is employed into disrepute, or

(b) committing an act or omission outside Canada that renders the member unfit to perform their duties or that is likely to bring the reputation of the police force with which the member is employed into disrepute.

(oo) in section 47 of the English version by striking out “the police force to which he or she belongs” and substituting “the same police force”;

(pp) by repealing section 2 in Schedule A and substituting the following:

2Protected grounds are race, colour, national origin, ancestry, place of origin, creed or religion, age, physical disability, mental disability, marital status, family status, sex, sexual orientation, gender identity or expression, social condition and political belief or activity.

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2021, c.25 - An Act Respecting the Police Act

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