Acts and Regulations

2014, c.114 - Intoxicated Persons Detention Act

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Current to 1 January 2024
2014, c.114
Intoxicated Persons
Detention Act
Deposited December 30, 2014
Definition of “peace officer”
1In this Act, “peace officer” means a police officer or other person employed for the preservation and maintenance of the public peace.
R.S.1973, c.I-14, s.1; 1985, c.4, s.34
Power to take intoxicated person into custody
2When a peace officer finds a person who is intoxicated in a place to which the public has access, the peace officer may take the person into custody.
R.S.1973, c.I-14, s.2
Release from custody
3When a person is taken into custody under section 2, the person having custody shall release the person
(a) on the person recovering capacity to remove himself or herself without danger to himself or herself or others and without causing a nuisance, or
(b) if an application is made before then by a member of the person’s family, or by an adult, who appears to be suitable and capable of taking charge of the person, into the charge of that applicant.
R.S.1973, c.I-14, s.3
Provincial Acts no longer apply
4Any provision of an Act of the Legislature or of a regulation made under an Act of the Legislature creating an offence of, or prohibiting a person from, being drunk or intoxicated in a public place does not apply.
R.S.1973, c.I-14, s.4
Liability of peace officer
5(1)If a peace officer who takes a person into custody under this Act has reasonable grounds for believing the person is intoxicated, the peace officer is not liable for damages for false arrest or false imprisonment.
5(2)If a peace officer who takes a person into custody under this Act does not use any more force than is necessary to take the person into custody and keep the person in custody until the person can be lawfully released, the peace officer is not liable for damages for assault.
R.S.1973, c.I-14, s.5
Requirements when child taken into custody
6(1)When a person taken into custody under this Act is actually or apparently under the age of 18 years, the officer in charge at the time the person is taken into custody shall as soon as practicable give or cause to be given, either orally or in writing, to a parent of the person notice that the person has been taken into custody, stating the place of detention and the reason for the detention.
6(2)Subsections 10(8) and (9) of the Provincial Offences Procedure for Young Persons Act apply with the necessary modifications in relation to the giving of notice under subsection (1).
6(3)Section 7 of the Provincial Offences Procedure for Young Persons Act applies with the necessary modifications when a young person or child is taken into custody under this Act.
1987, c.P-22.2, s.34; 1990, c.23, s.30
Regulations
7The Lieutenant-Governor in Council may make regulations generally for the better administration of this Act.
R.S.1973, c.I-14, s.6
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to February 9, 2015.