Acts and Regulations

2016, c.100 - Cross-Border Policing Act

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Current to 1 January 2024
2016, c.100
Cross-Border Policing Act
Deposited December 23, 2016
Definitions
1The following definitions apply in this Act.
“appointee” means an extrajurisdictional police officer who is appointed as a police officer in New Brunswick under this Act. (agent désigné)
“appointing official” means a person designated under section 40.(agent de nomination)
“extrajurisdictional commander” means(chef extraterritorial)
(a) the commanding officer, director general or commissioner of the provincial or territorial police force of another province or territory of Canada, or his or her designate, or
(b) the chief of police of a municipal or regional police force in another province or territory of Canada, or his or her designate.
“extrajurisdictional police officer” means a police officer appointed or employed under the law of another province or territory of Canada, but does not include a member of the Royal Canadian Mounted Police.(agent de police extraterritorial)
“local commander” means(chef local)
(a) a chief of police as defined in the Police Act,
(b) a senior officer of a local Royal Canadian Mounted Police office,
(c) a commanding officer of a law enforcement body designated by regulation as a New Brunswick police force,
(d) in Part 2, the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to the area in which a police operation or investigation is expected to be conducted, or
(e) any other person designated as a local commander by regulation.
“local Royal Canadian Mounted Police office” means a district office of the Royal Canadian Mounted Police that is responsible for providing policing services to a specified area of New Brunswick.(bureau local de la Gendarmerie royale du Canada)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“New Brunswick police force” means(corps de police du Nouveau-Brunswick)
(a) a police force as defined in the Police Act, or
(b) a law enforcement body designated by regulation as a New Brunswick police force.
“New Brunswick police officer” means a police officer as defined in the Police Act.(agent de police du Nouveau-Brunswick)
2008, c.C-35.5, s.1; 2016, c.37, s.42; 2019, c.2, s.31; 2020, c.25, s.35; 2022, c.28, s.10
1
STANDARD APPOINTMENT PROCEDURE
Appointing official to make appointment
2An appointing official may appoint an extrajurisdictional police officer as an appointee for a period not exceeding one year in accordance with this Part.
2008, c.C-35.5, s.2
Request for appointment
3(1)An extrajurisdictional commander may request that a police officer under his or her command be appointed as an appointee so that the police officer has the powers and protections of a New Brunswick police officer while performing his or her police duties in the Province.
3(2)A request for appointment shall be made in writing to an appointing official.
3(3)A request for appointment shall include the following information:
(a) the name and rank of the extrajurisdictional police officer to be appointed;
(b) the name and address of the police force with which the extrajurisdictional police officer is employed;
(c) the name, rank and telephone number of the supervisor of the extrajurisdictional police officer;
(d) the duration of the appointment;
(e) a general description of the duties to be carried out in the Province by the extrajurisdictional police officer;
(f) in the case of a police operation or investigation, the name, address and date of birth of each person who is the subject of the police operation or investigation, if known;
(g) the location where the extrajurisdictional police officer is expected to perform his or her duties in the Province;
(h) an assessment of the risks associated with the extrajurisdictional police officer’s duties, including the possibility of firearms or other weapons being used;
(i) a statement that the extrajurisdictional police officer has read and understood the provisions of sections 31 and 32 of the Official Languages Act; and
(j) a statement as to whether the extrajurisdictional police officer’s duties might require a designation to be made under section 25.1 of the Criminal Code (Canada) or under subsection 55(2.1) of the Controlled Drugs and Substances Act (Canada).
2008, c.C-35.5, s.3
Additional information
4An appointing official may require an extrajurisdictional commander to supply any additional information that the appointing official considers relevant, and may deny the request for appointment if the information is not supplied.
2008, c.C-35.5, s.4
Review of request for appointment with affected police forces
5Before deciding whether to make the appointment, the appointing official shall review the request for appointment with the local commander of a New Brunswick police force or local Royal Canadian Mounted Police office that the appointing official believes would be affected if the appointment is made.
2008, c.C-35.5, s.5
Timing of decision
6Within seven days after receiving a request for appointment, the appointing official shall make the appointment or provide the extrajurisdictional commander with written notice that the request has been denied.
2008, c.C-35.5, s.6
Appointment
7An appointing official may make the appointment if he or she is of the opinion that it is appropriate in the circumstances to appoint the extrajurisdictional police officer as an appointee.
2008, c.C-35.5, s.7
Appointment form
8An appointment shall be made in a form approved by the Minister.
2008, c.C-35.5, s.8
Conditions on appointment
9An appointing official may impose conditions on an appointment and the conditions shall be set out on the appointment form.
2008, c.C-35.5, s.9
Providing appointment form
10As soon as reasonably possible, but no later than five days after making an appointment, the appointing official shall provide a copy of the appointment form to the appointee and the appointee’s extrajurisdictional commander.
2008, c.C-35.5, s.10
When appointment effective
11An appointment is not effective until the appointee receives a copy of the appointment form from the appointing official.
2008, c.C-35.5, s.11
Notice to Minister
12(1)As soon as reasonably possible, but no later than five days after making an appointment, the appointing official shall provide the Minister with written notice of the appointment.
12(2)The notice under subsection (1) shall contain the following information:
(a) the name and rank of the appointee;
(b) the name and address of the police force with which the appointee is employed;
(c) the duration of the appointment; and
(d) the reason for the appointment.
2008, c.C-35.5, s.12
2
APPOINTMENT IN URGENT CIRCUMSTANCES
Local commander to make appointment
13The local commander may appoint an extrajurisdictional police officer as an appointee for a period not exceeding 72 hours in accordance with this Part.
2008, c.C-35.5, s.13
Request for appointment
14(1)An extrajurisdictional police officer may request that he or she be appointed as an appointee if the extrajurisdictional police officer
(a) wishes to be granted the powers and protections of a New Brunswick police officer while participating in a police operation or investigation in the Province, and
(b) believes that the police operation or investigation could be compromised by the delay that would result if the extrajurisdictional police officer were required to obtain an appointment under Part 1.
14(2)If it is impracticable for an extrajurisdictional police officer to make a request for appointment under subsection (1), the extrajurisdictional police officer’s supervisor may request the appointment on behalf of the extrajurisdictional police officer.
14(3)A request for appointment may be made orally or in writing to the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to the area in which the police operation or investigation is expected to be conducted.
14(4)A request for appointment shall include the information listed in subsection 3(3) and an explanation of how the police operation or investigation could be compromised if the extrajurisdictional police officer were required to obtain an appointment under Part 1.
2008, c.C-35.5, s.14
Additional information
15The local commander may require an extrajurisdictional police officer or, if the request for appointment is made under subsection 14(2), the supervisor to supply any additional information that the local commander considers relevant, and may deny the request for appointment if the information is not supplied.
2008, c.C-35.5, s.15
Timing of decision
16As soon as reasonably possible, but no later than 24 hours after receiving a request for appointment, the local commander shall make the appointment or give notice that the request has been denied to the extrajurisdictional police officer or, if the request for appointment is made under subsection 14(2), to the supervisor.
2008, c.C-35.5, s.16
Appointment
17The local commander may make the appointment if he or she is of the opinion that
(a) it is appropriate in the circumstances to appoint the extrajurisdictional police officer as an appointee, and
(b) the delay that would result from requiring a request for appointment to be made under Part 1 could compromise the police operation or investigation.
2008, c.C-35.5, s.17
Appointment form
18An appointment shall be made in a form approved by the Minister.
2008, c.C-35.5, s.18
Conditions on appointment
19The local commander may impose conditions on an appointment and the conditions shall be set out on the appointment form.
2008, c.C-35.5, s.19
Providing appointment form to appointee
20As soon as reasonably possible after making an appointment, the local commander shall provide the appointee with a copy of the appointment form.
2008, c.C-35.5, s.20
When appointment effective
21Subject to section 22, an appointment is not effective until the appointee receives a copy of the appointment form from the local commander.
2008, c.C-35.5, s.21
Appointment with immediate effect
22(1)If the local commander is of the opinion that it is impracticable to provide the appointee with a copy of the appointment form before the appointee requires the powers and protections of a New Brunswick police officer, the local commander may make the appointment effective immediately by
(a) indicating on the appointment form that the appointment is effective immediately and the exact time when the appointment is made, and
(b) giving the appointee oral confirmation of the appointment, including the exact times when the appointment is effective and expires, and any conditions imposed on the appointment.
22(2)If a request for appointment is made under subsection 14(2), the local commander may give the appointee’s supervisor oral confirmation of the appointment, including the exact times when the appointment is effective and expires, and any conditions imposed on the appointment.
2008, c.C-35.5, s.22
Notice to appointing official
23Within three days after making an appointment under section 13, the local commander shall provide an appointing official with a copy of the appointment form and all information or documentation provided to the local commander in support of the request for appointment.
2008, c.C-35.5, s.23
Providing appointment form to extrajurisdictional commander
24As soon as reasonably possible after receiving a copy of the appointment form, the appointing official shall provide the appointee’s extrajurisdictional commander with a copy of the appointment form.
2008, c.C-35.5, s.24
Notice to Minister
25(1)As soon as reasonably possible after receiving a copy of the appointment form, the appointing official shall provide the Minister with written notice of the appointment.
25(2)The notice under subsection (1) shall contain the information listed in subsection 12(2).
2008, c.C-35.5, s.25
Renewing appointment
26(1)At the request of the appointee or the appointee’s supervisor, the local commander may renew an appointment made under this Part for a period not exceeding 72 hours if
(a) a request for appointment has been made under Part 1 in respect of the appointee, and
(b) a decision to approve or deny the request for appointment has not been made.
26(2)Sections 13 to 25 apply, with the necessary modifications, to the renewal of an appointment made under this Part.
26(3)An appointment made under this Part may be renewed more than once as long as the conditions in subsection (1) are satisfied.
2008, c.C-35.5, s.26
3
DUTIES AND STATUS OF APPOINTEE
Advance notice to local commander
27(1)Before performing any police duties in an area of the Province, an appointee shall give notice to the local commander of the New Brunswick police force or the local Royal Canadian Mounted Police office that provides policing services to that area, unless the duties are of a routine nature that are unlikely to affect the policing services provided by the force or office.
27(2)The notice under subsection (1) shall include a general description of the duties that are to be carried out by the appointee and all the conditions imposed on the appointment.
27(3)If it is impracticable for the appointee to give the local commander notice before performing his or her duties in the area in which the local commander’s New Brunswick police force or local Royal Canadian Mounted Police office provides policing services, the appointee shall do so as soon as reasonably possible after the first duties are performed.
2008, c.C-35.5, s.27
Compliance with direction from local commander
28An appointee shall comply with any direction from a local commander respecting how the appointee is to perform his or her duties while in the area in which the local commander’s New Brunswick police force or local Royal Canadian Mounted Police office provides policing services.
2008, c.C-35.5, s.28
Early termination of appointment
29(1)An appointing official may terminate an appointment before it expires if the appointing official is of the opinion that
(a) the appointee has failed to
(i) comply with this Act,
(ii) comply with a condition imposed on the appointment, or
(iii) act in a professional manner at any time while in the Province, or
(b) it is no longer appropriate in the circumstances for the appointee to have the powers and protections of a New Brunswick police officer.
29(2)Subject to subsection (5), an appointing official shall provide written notice of the termination of the appointment to
(a) the appointee,
(b) the appointee’s extrajurisdictional commander, and
(c) the Minister.
29(3)Subject to subsection (5), an appointment is terminated when the appointee receives a copy of the notice of termination of the appointment.
29(4)If an appointing official terminates an appointment under paragraph (1)(a), the appointing official shall provide written notice of the termination of the appointment and the reason for the termination to the minister responsible for public safety in the province or territory of Canada in which the appointee is appointed or employed as a police officer.
29(5)If it is impracticable for the appointing official to provide written notice of the termination of the appointment to the appointee, the appointing official may provide written notice to the appointee’s extrajurisdictional commander and the appointment is terminated when the appointee’s extrajurisdictional commander advises the appointee that the appointment is terminated.
2008, c.C-35.5, s.29
Surrendering an appointment
30(1)An appointee who ceases to require the powers and protections of a New Brunswick police officer before the appointment expires shall surrender the appointment by written notice to an appointing official.
30(2)The appointing official who receives the notice under subsection (1) shall provide the Minister with a copy of the notice.
2008, c.C-35.5, s.30
Status of appointee
31While an appointment is in effect, the appointee has, throughout the Province, all the powers and protections that a New Brunswick police officer has under the Police Act, subject to any conditions imposed on the appointment.
2008, c.C-35.5, s.31
Appointee not subject to disciplinary and corrective measures under the Police Act
32An appointee is not subject to the disciplinary and corrective measures imposed or agreed to under the Police Act with respect to his or her conduct in New Brunswick.
2008, c.C-35.5, s.37
4
NEW BRUNSWICK OFFICERS IN OTHER PROVINCES AND TERRITORIES OF CANADA
Application
33This Part applies to a New Brunswick police officer who has been appointed as a police officer or peace officer in another province or territory of Canada.
2008, c.C-35.5, s.32
Cooperation in investigation, hearing or inquiry
34If an investigation, hearing or inquiry is held under an Act of another province or territory of Canada to examine the conduct of a New Brunswick police officer who was appointed as a police officer or peace officer in the other province or territory or to examine the police operation or investigation that led the New Brunswick police officer to be appointed as a police officer or peace officer in the other province or territory, the New Brunswick police officer shall cooperate with the investigator and participate in the hearing or inquiry, subject to the rights and privileges that a police officer appointed or employed under the law of the other province or territory would have in the same situation.
2008, c.C-35.5, s.33
Disclosure by New Brunswick police force
35If a New Brunswick police officer is involved in an investigation, hearing or inquiry referred to in section 34, the New Brunswick police force with which he or she is employed shall provide the investigator or person conducting the hearing or inquiry with any information and assistance requested by the investigator or person, subject to any rights and privileges that a police force from the other province or territory of Canada would have in the same situation.
2008, c.C-35.5, s.34
Disciplinary and corrective measures under the Police Act
36A New Brunswick police officer who has been appointed as a police officer or peace officer in another province or territory of Canada is subject to the disciplinary and corrective measures imposed or agreed to under the Police Act with respect to his or her conduct in the other province or territory, as if the conduct took place in New Brunswick, even if an investigation, hearing or inquiry referred to in section 34 has been held in the other province or territory.
2008, c.C-35.5, s.35
Inadmissible statements and evidence
37No answer given or statement made by a New Brunswick police officer in the course of an investigation, hearing or inquiry referred to in section 34 may be used in a settlement conference or arbitration hearing under the Police Act without the New Brunswick police officer’s consent.
2008, c.C-35.5, s.36
5
INDEMNIFICATION
Indemnification by New Brunswick police force
38Subject to an agreement under paragraph 39(a), a New Brunswick police force shall indemnify a police force from another province or territory of Canada against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding if
(a) the police force from that other province or territory is a party to the action or the proceeding, and
(b) the action or proceeding arises out of the actions of a member of the New Brunswick police force while the member was appointed as a police officer or peace officer in that other province or territory.
2008, c.C-35.5, s.38
Indemnity agreement
39A New Brunswick police force may enter into an agreement regarding indemnification for costs arising out of
(a) the appointment of a New Brunswick police officer as a police officer or peace officer in another province or territory of Canada, and
(b) the appointment of an extrajurisdictional police officer as an appointee.
2008, c.C-35.5, s.39
6
GENERAL
Designation of appointing official
40The Minister may designate a local commander to act as an appointing official.
2008, c.C-35.5, s.40
Local commander may delegate powers
41A local commander may delegate his or her powers under this Act to a police officer under his or her command.
2008, c.C-35.5, s.41
Law of hot pursuit not affected
42Nothing in this Act affects the common law regarding hot pursuit.
2008, c.C-35.5, s.42
Power of appointment reserved
43Nothing in this Act limits or affects the power to appoint peace officers or special constables under another Act.
2008, c.C-35.5, s.43
Administration
44The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
2008, c.C-35.5, s.44
Regulations
45The Lieutenant-Governor in Council may make regulations
(a) designating a person as a local commander for the purposes of paragraph (e) of the definition “local commander” in section 1;
(b) designating a law enforcement body as a New Brunswick police force for the purposes of paragraph (b) of the definition “New Brunswick police force” in section 1;
(c) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(d) respecting any other matter that may be necessary for the proper administration of this Act.
2008, c.C-35.5, s.45
N.B. This Act was proclaimed and came into force February 9, 2017.
N.B. This Act is consolidated to June 10, 2022.