1.1(1)The Minister shall

1.1(2)For the purposes of subsection (1), the Minister may

1.1(3)Subject to this Act and the regulations, the Minister may issue guidelines and directives to any police force within the Province for the attainment of the purposes of subsection (1).

2(1)The Lieutenant-Governor in Council may enter into agreements with Canada for the employment of the Royal Canadian Mounted Police to enforce the law and to assist in the administration of justice within the Province.

2(1.1)The Lieutenant-Governor in Council may enter into agreements for the employment of persons to serve the Royal Canadian Mounted Police.

2(2)Every member of the Royal Canadian Mounted Police, every member of a police force and every auxiliary police constable appointed under this Act has all the powers, authority, privileges, rights and immunities of a peace officer and constable in and for the Province of New Brunswick, and is ex officio an inspector under the Motor Carrier Act, a peace officer under the Motor Vehicle Act and a conservation officer under the Fish and Wildlife Act, and each member of and above the rank of corporal may exercise the powers conferred by section 9 of the Fire Prevention Act.

2.1(1)A certificate purporting to be issued and signed by a chief of police to the effect that the person to whom it is issued is a member of a police force or a police officer appointed under this Act is, without proof of the chief of police’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.

2.1(2)A certificate purporting to be issued and signed by the Minister to the effect that the person to whom it is issued is an auxiliary police constable appointed under this Act is, without proof of the Minister’s appointment, authority or signature, admissible in evidence and is prima facie proof of the facts stated therein.

3(1)Subject to subsection (1.1), every municipality shall be responsible for providing and maintaining adequate police services within the municipality.

3(1.1)A rural community shall be responsible for providing and maintaining adequate police services

3(2)A municipality that provides and maintains a police force is for the purposes of this Act deemed to be the employer of the members of the police force in matters relating to labour relations.

3(3)Where, by reason of the establishment of an enterprise or business or for any other reason, special circumstances or abnormal conditions exist in any area that, in the opinion of the Lieutenant-Governor in Council, render it inequitable that the responsibility for the provision and maintenance of police services be imposed wholly or partially upon a municipality or upon the Province, the Lieutenant-Governor in Council may designate the area as a special area, and may require the person operating the enterprise or business within that area or being the owner of that area, to enter into an agreement

3(4)A member of the Royal Canadian Mounted Police or a police officer who is charged with an offence under a Provincial statute shall not be convicted if it is made to appear to the judge that the person charged with the offence

3.1(2)A civic authority

3.1(3)A chief of police

5(1)Where the Lieutenant-Governor in Council determines that

5(2)No action shall be taken under subsection (1) until reasonable notice has been given to the municipality and to the board where a board has been established by a municipality and the municipality and the board where a board has been established have both been given reasonable time to answer the allegation.

5(3)Where an area has been designated under subsection 3(3) and the person who is required to enter into an agreement fails to enter into such agreement, or where, in the opinion of the Lieutenant-Governor in Council, an agreement entered into fails to provide adequate police services to the area, the Lieutenant-Governor in Council, after obtaining the advice of the Commission, may take action to provide what he considers to be adequate police services within that area, and the cost of providing such police services is a debt owed to Her Majesty that shall be charged to the person and may be recovered from the person by action in any court of competent jurisdiction.

6(1)The Minister

6(2)Where a notification is given under subsection (1), each member of the police force or the Royal Canadian Mounted Police shall

6(3)A person who violates or fails to comply with this section commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

7(1)Subject to subsection (1.01) and section 8, there shall be a board of police commissioners for each municipality that by resolution approves the establishment of such a board.

7(1.01)A rural community shall not pass a resolution under subsection (1) unless it has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act.

7(1.1)Notwithstanding paragraph 7(3)(a) or 190.08(1)(a) of the Municipalities Act, the board shall

7(1.2)The municipality may identify the persons employed to serve the police force when making the resolution referred to in subsection (1).

7(2)The municipality shall budget the necessary money to enable the board to provide and maintain an adequate police force.

7(3)The Board shall provide to the municipality, at intervals set by the municipality or on the request of the municipality after reasonable notice, a financial statement showing the current financial position of the police force as compared with its budget.

7(4)Subject to subsection (7), a board shall consist of

7(5)The Board shall select a chair from among its members.

7(6)An appointment to a board may be for a term not exceeding four years, but when a person appointed to a board ceases to maintain his ordinary residence within the municipality for which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the board shall declare his position to be vacant, in which case a new appointment shall be made in accordance with subsection (4).

7(6.1)A member of a board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.

7(6.2)A vacancy on the board shall not affect its power to act.

7(7)Where a council refuses or fails to appoint a member of a board within sixty days after being given notice by the Minister to do so, the Minister may, notwithstanding subsection (4), appoint such member to the board, and such member shall be deemed to have been appointed under paragraph (4)(c).

7(8)Where a member of a board is unable to carry out his duties as a member of the board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality, in the case of a person appointed by the council or designated by the mayor, may designate another person to act as a member of the board during the illness, absence or suspension of the member.

7(9)A member of the board may be dismissed for cause

7(10)The municipality shall provide a reasonable remuneration for members of the board who are not members of the council and may provide for the payment of an allowance to members of the board who are members of the council, but no remuneration or allowance shall be paid to the chief of police as an ex officio member of the board.

7(11)A board, on behalf of the municipality for which it is established and within its budget, may acquire, deal with and dispose of personal property, may enter into contracts and may sue and be sued, and the municipality for which the board is established is liable for the debts of the board arising out of any matter coming within the scope of this Act.

7(12)A member of the board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.

7(13)A board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule made with the Commission.

7(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the board or of the Commission.

7(15)Where a municipality has established a board pursuant to subsection (1), it may by resolution dissolve such board whereupon all appointments made to the board shall terminate on the dissolution of the board and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.

7(16)Where a board is dissolved under subsection (15) the municipality shall be deemed to be the successor employer of a person who was formerly an employee of a board and section 60 of the Industrial Relations Act applies with the necessary modifications.

7(17)Where, pursuant to paragraph (1.1)(b) and subsection 16(2), a board becomes the successor employer of a person who was formerly an employee of a municipality, section 60 of the Industrial Relations Act applies with the necessary modifications.

7(18)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed to fall within the definition of employee or member of the pension or superannuation plan or any other term used to describe eligibility notwithstanding the definition of employee or member or any other term used to describe eligibility in any such pension or superannuation plan.

7(19)Where a pension or superannuation plan has been established by or in a municipality under section 162 or 163 of the Municipalities Act, under the Municipal Employees Pension Act, chapter 151 of the Revised Statutes, 1952, or any other Act, the members of a police force and employees deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment notwithstanding that the board has become the successor employer.

7(20)Notwithstanding the provisions of any public or private Act, the board shall make contributions to the pension or superannuation plan referred to in subsection (18) in respect of members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established.

7(21)Any pension or superannuation plan referred to in subsection (18) shall not by reason of any of the provisions of this section be construed or interpreted to be a multi-employer pension plan for any purpose, including any purpose under the Pensions Benefit Act.

7(22)Where a board that has made contributions to a pension or superannuation plan referred to in subsection (18) is dissolved and the municipality becomes the successor employer, the members of a police force and employees appointed or employed under section 10 or deemed to have been appointed or employed under subsection 16(2) who are within the class of employees for whom the pension or superannuation plan was established shall be deemed for the purposes of the Pension Benefits Act to have engaged in continuous employment with the municipality.

8(1)Subsection 7(1) does not apply to a municipality receiving services under an agreement entered into pursuant to section 4, 17.01 or 17.1.

8(2)Where a board has been appointed by a municipality prior to the execution of an agreement referred to in section 4, 17.01 or 17.1, upon the execution of the agreement the board of such municipality ceases to exist and any rights and obligations of that board shall be deemed to be the rights and obligations of the council of the municipality for which that board was established.

9(2)A majority of the members of the board constitutes a quorum.

9(3)A meeting of the board shall be open to the public except where, in the opinion of the board, it is not in the public interest.

10(1)Where a board has been established for a municipality, the board, subject to its budget,

10(2)The chief of police, on behalf of the board,

10(4)In each year on a date specified by the council the board shall submit to the council for its consideration its proposed budget, being an estimate of the money required for the next succeeding fiscal year to

11(1)Where a board has not been established for a municipality or a board has been established by a municipality and has been dissolved pursuant to subsection 7(15), the council, except where it has entered into an agreement under section 4, 17.01 or 17.1,

11(2)The chief of police, on behalf of the municipality,

11(4)Where a municipality has entered into an agreement under paragraph 4(c) for employment of the police force of another municipality as its police force, the chief of police and each police officer of that force shall, for the purposes of this Act, be deemed to have been appointed for the first mentioned municipality as well as for the municipality that he was appointed to serve.

11(5)Where the municipality acquiring the police force had a police force immediately prior to the execution of the agreement referred to in subsection (4), the police force of that municipality ceases to exist on the execution of that agreement.

11(6)The members of the police force which ceases to exist pursuant to subsection (5) shall be considered for appointment by the municipality with which the agreement was entered, where it becomes necessary by reason of that agreement for that municipality to expand its police force, and if so appointed, recognition may be given to the years of service of the member in determining his pay and fringe benefits.

11(7)A council may make by-laws or resolutions consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each by-law or resolution with the Commission.

11(8)Any by-law or resolution made under subsection (7) may be inspected at and a copy obtained from the office of the clerk of the municipality or of the Commission.

12(1)Each police officer is charged with responsibility for

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 his responsibilities in a municipality or region policed by another police force shall, as soon as is practicable, notify the police force responsible for policing that municipality or region as to the purpose of the discharge of his responsibilities in that municipality or region.

12(2.1)Every chief of police shall prepare and submit to the Minister on or before the thirty-first day of January of each year a report setting out

12(3)No member of a police force shall relinquish, transfer or delegate to a person other than a member of a police force or of the Royal Canadian Mounted Police the doing of any thing that is his responsibility under this Act.

13(1)A board, or a council where a board has not been established, may appoint to the police force auxiliary police officers but shall not appoint auxiliary police officers to perform on a regular basis the work that would otherwise be performed by a police officer appointed under section 10, 11 or 17.3.

13(1.1)The Minister may, on the recommendation of the officer commanding “J” Division of the Royal Canadian Mounted Police, appoint persons as auxiliary police constables to assist the Royal Canadian Mounted Police in the performance of the duties referred to in section 2.

13(2)An auxiliary police officer

13(2.1)An auxiliary police constable

14(1)A council may appoint persons as by-law enforcement officers for that municipality.

14(2)A by-law enforcement officer shall be paid such remuneration, and shall be appointed for such term, as the council may determine.

14(3)Within the territorial boundaries of the municipality for which he is appointed, a by-law enforcement officer has the powers and immunities of a police officer for the purposes of enforcing such by-laws of the municipality for which he is appointed as are stipulated in his appointment, but has in no other regard the powers or immunities of a police officer.

14.1(1)The Minister may appoint persons as special constables.

14.1(2)The appointment of a special constable shall

14.1(3)No person shall be appointed as a special constable who does not satisfy qualifications as to training, experience and other qualifications established by the employer of the special constable and approved by the Minister.

14.1(4)The employer of a special constable is responsible for

14.1(5)The employer of a special constable is liable for the actions of the special constable while the special constable is discharging the responsibilities or exercising the powers of a special constable.

14.1(6)A special constable is, while discharging the responsibilities and exercising the powers of a special constable, a peace officer.

14.1(7)A special constable who is discharging the responsibilities or exercising the powers of a special constable in respect of the Criminal Code (Canada) in a particular municipality, region or area shall, as soon as is practicable, notify the police force or the Royal Canadian Mounted Police, as the case may be, responsible for policing that municipality, region or area as to the purpose of the discharge of those responsibilities or the exercise of those powers in that municipality, region or area.

15.1(1)A person whose appointment as a member of a police force does not conform to the requirements of

15.1(2)Subsection (1) does not apply to a person who was appointed as a police officer prior to the coming into force of that subsection.

15.1(3)Section 15 and subsection (1) of this section do not apply to a person deemed under a provision of this Act to have been appointed as a police officer under this Act.

16(1)Persons who were members of a police force or were employed to serve a police force immediately prior to the coming into force of this Act shall be deemed, for the purposes of this Act, to have been appointed or employed under this Act.

16(2)Where, after the coming into force of this Act, a board is appointed, persons who were members of a police force or were employed to serve a police force immediately prior to the appointment of the board are deemed to have been appointed or employed under section 10.

16(3)Where, after the coming into force of this Act, a board is dissolved pursuant to subsection 7(15) persons who were members of a police force or were employed to serve a police force immediately prior to the dissolution of the board are deemed to have been appointed or employed under section 11.

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 his or her responsibilities under section 12 in the same manner as a master is liable in respect of a tort committed by the master’s servant in the course of the servant’s employment where

17(2)A municipality may, in such cases and to such extent as it thinks fit, pay any damages or costs awarded against a member of a police force in respect of a tort committed by him in the performance or purported performance of his responsibilities under section 12, any costs incurred and not recovered by him in any such proceedings and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

17(3)This section does not apply in respect of an act of a member of a police force occurring before this section comes into force.

17.01(1)Any municipality may, with the written consent of the Minister, be a party to an agreement whereby a regional policing authority is established for the purposes of section 17.02.

17.01(2)An agreement whereby a regional policing authority is established shall make provision for

17.01(3)The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.

17.02(1)The regional policing authority may enter into an arrangement or agreement with the Government of Canada for the policing of the municipalities within the region by the Royal Canadian Mounted Police, including the taking over of the police forces by the Royal Canadian Mounted Police.

17.02(2)Where a regional policing authority enters into an arrangement or agreement under subsection (1),

17.02(3)Where an agreement is entered into under subsection (1), a regional policing authority shall so notify in writing the trade union representing members of a police force or persons employed to serve a police force or persons employed to serve the Royal Canadian Mounted Police, as the case may be.

17.02(4)For the purposes of subsection (1), a regional policing authority shall be deemed to be a municipality.

17.02(5)Subsections (2) and (3) do not apply where an assignment was made under subsection 5.2(5), as subsection 5.2(5) existed prior to the commencement of this subsection.

17.03(1)A person employed by a municipality to serve a police force or to serve the Royal Canadian Mounted Police pursuant to an agreement under paragraph 4(b) whose employment is terminated or whose position is eliminated as a result of an arrangement or agreement under section 17.02 shall be considered for employment by the municipalities that are parties to the agreement under section 17.01 if persons are to be employed to serve the Royal Canadian Mounted Police and if so employed, recognition may be given for the years of service of that person in determining pay and fringe benefits.

17.05(1)The parties to an agreement under section 17.01 establishing a regional policing authority shall budget the necessary money in accordance with the agreement to provide adequate police service within the region.

17.05(2)A regional policing authority shall provide

17.05(3)A regional policing authority shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor and the provisions of section 82 of the Municipalities Act respecting municipal audits apply with the necessary modifications to a regional policing authority and an auditor appointed by a regional policing authority.

17.05(4)An appointment to a regional policing authority shall be for a period not exceeding four years, but when a person appointed to a regional policing authority ceases to maintain his or her ordinary residence within the municipality or region in respect of which he or she has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the regional policing authority shall declare his or her position to be vacant, in which case a new appointment shall be made.

17.05(5)A member of a regional policing authority may be reappointed but a member shall not serve in that capacity for more than a total of ten years.

17.05(6)A vacancy on a regional policing authority shall not affect its power to act.

17.05(7)Where a member of a regional policing authority is unable to carry out the duties of a member by reason of illness or absence, the Minister, in the case of a person appointed by the Minister, or the mayor of the municipality in the case of a person appointed to represent the municipality, may designate another person to act as a member of the regional policing authority during the illness or absence of the member.

17.05(8)A member of a regional policing authority may be dismissed for cause

17.05(9)A regional policing authority may provide a reasonable remuneration for members of the regional policing authority who are not members of a council and may provide for the payment of an allowance to members of the regional policing authority who are members of a council.

17.05(10)A regional policing authority, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the regional policing authority is established are liable jointly and severally for the debts of the regional policing authority arising out of any matter coming within the scope of this Act.

17.05(11)Notwithstanding the provisions of this Act relating to the budget of a regional policing authority, a regional policing authority may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.

17.05(12)A member of a regional policing authority shall not be personally liable for acts performed in good faith in the performance or intended performance of the member’s duties.

17.05(13)A regional policing authority may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Commission.

17.05(14)Any rule made under subsection (13) may be inspected at and a copy obtained from the office of the regional policing authority or of the Commission.

17.05(15)A meeting of a regional policing authority shall be open to the public except where, in the opinion of the regional policing authority, it is not in the public interest.

17.06(1)Each year a regional policing authority shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year for the provision of police services within the region and the expenses of the regional policing authority.

17.06(2)The proposed budget shall be forwarded to the parties to the agreement forming the regional policing authority for approval pursuant to the agreement.

17.06(3)Each year by the 15th day of November, a regional policing authority shall submit to the Minister of Environment and Local Government for the Minister’s approval the budget as approved by the parties to the agreement.

17.06(4)Where the parties to the agreement do not approve the proposed budget, the Minister of Environment and Local Government may fix a final budget for a regional policing authority.

17.07(1)Where the Lieutenant-Governor in Council determines that a regional policing authority is not discharging its obligations pursuant to the agreement establishing the same or that, for any reason, the police services provided within a region are inadequate, the Lieutenant-Governor in Council, upon the recommendation of the Commission, may take action to provide what it considers to be adequate police services within that region and the cost of providing such police services is a debt owed to Her Majesty 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.

17.07(2)No action shall be taken under subsection (1) until reasonable notice has been given to the regional policing authority and the regional policing authority has been given reasonable time to answer the allegation.

17.1(1)Any municipality may, with the written consent of the Minister, be a party to an agreement for the policing of a region.

17.1(2)The agreement shall make provision for

17.1(3)The Minister shall be a party to the agreement if the region to be policed under the agreement includes an area not contained within the limits of any municipality that is a party to the agreement.

17.2(1)Where a joint board is established, the joint board shall provide and maintain an adequate police force within the region defined in the agreement.

17.2(2)The parties to an agreement establishing a joint board shall budget the necessary money in accordance with the agreement to enable the joint board to provide and maintain an adequate police force.

17.2(3)The joint board shall provide

17.2(4)A joint board shall establish an accounting system for revenues and expenditures and shall annually appoint an auditor; and the provisions of section 82 of the Municipalities Act respecting municipal audits apply mutatis mutandis to a joint board and an auditor appointed by a joint board.

17.2(5)An appointment to a joint board may be for a period not exceeding four years, but when a person appointed to a joint board ceases to maintain his ordinary residence within the municipality or region in respect of which he has been appointed, or, if a mayor or a councillor, ceases to be a mayor or a councillor, the joint board shall declare his position to be vacant, in which case a new appointment shall be made.

17.2(5.1)A member of a joint board may be reappointed but a member shall not serve in that capacity for more than a total of ten years.

17.2(6)A vacancy on a joint board shall not affect its power to act.

17.2(7)Where a member of a joint board is unable to carry out his duties as a member of the joint board by reason of his illness, absence or suspension, the Minister, in the case of a person appointed by him, or the mayor of the municipality in the case of a person appointed to represent the municipality, may designate another person to act as a member of the joint board during the illness, absence or suspension of the member.

17.2(8)A member of a joint board may be dismissed for cause

17.2(9)The joint board shall provide a reasonable remuneration for members of the joint board who are not members of a council and may provide for the payment of an allowance to members of the joint board who are members of a council but no remuneration or allowance shall be made to the chief of police as an ex officio member of the joint board.

17.2(10)A joint board, on behalf of the parties to the agreement for which it is established and within its budget, may acquire, deal with and dispose of real and personal property, may enter into contracts and may sue and be sued, and the parties to the agreement under which the joint board is established are liable jointly and severally for the debts of the joint board arising out of any matter coming within the scope of this Act.

17.2(10.1)Notwithstanding the provisions of this Act relating to the budgets of joint boards, a joint board may, on the guarantee of the municipalities which are parties to the agreement for which it is established, borrow money.

17.2(11)A member of a joint board shall not be personally liable for acts performed in good faith in the performance or intended performance of his duties.

17.2(12)A joint board may make rules consistent with this Act and the regulations for the purpose of performing its responsibilities under this Act and shall file each rule with the Commission.

17.2(13)Any rule made under subsection (12) may be inspected at and a copy obtained from the office of the joint board or of the Commission.

17.2(14)A meeting of the joint board shall be open to the public except where, in the opinion of the joint board, it is not in the public interest.

17.3(1)Where a joint board has been established for a region, the joint board, subject to its budget,

17.3(2)The chief of police on behalf of the joint board

17.3(4)Where a police force for a region is established, persons who, immediately prior to the establishment of the police force, were

17.4(1)Each year the joint board shall prepare a proposed budget, being an estimate of the money required for the next succeeding fiscal year to provide remuneration for the members and employees of the police force and to provide for the accommodation, arms, equipment, clothing and all other expenses for the use and maintenance of the police force and the joint board.

17.4(2)The proposed budget shall be forwarded to the parties to the agreement forming the joint board for approval pursuant to the agreement.

17.4(3)Each year by the 15th day of November, the joint board shall submit to the Minister of Environment and Local Government for his approval the budget as approved by the parties to the agreement.

17.4(4)Where the parties to the agreement do not approve the proposed budget the Minister of Environment and Local Government may fix a final budget for the joint board.

17.5(1)The joint board shall be deemed to be the employer of the members and employees of the police force in matters relating to labour relations.

17.5(2)Where, pursuant to subsection 17.3(4) and subsection (1), the joint board becomes the successor employer of a person who was formerly an employee of a municipality that is party to an agreement under which the joint board is established, or of any board formerly acting for such municipality, section 60 of the Industrial Relations Act applies mutatis mutandis.

17.5(3)Where the members and employees of the police forces of two or more municipalities become the employees of a joint board pursuant to this section and subsection 17.3(4), subsection 60(11) of the Industrial Relations Act applies mutatis mutandis.

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 his responsibilities under section 12 in the same manner as a master is liable in respect of a tort committed by his servant in the course of his employment.

17.6(2)A joint board may, in such cases and to such extent as it thinks fit, pay any damages or costs awarded against a member of a police force in respect of a tort committed by him in the performance or purported performance of his responsibilities under section 12, any costs incurred and not recovered by him in any such proceeding and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

17.7(1)Where the Lieutenant-Governor in Council determines that a joint board is not discharging its obligations pursuant to the agreement establishing the same or that, for any reason, the police services provided within a region are inadequate, the Lieutenant-Governor in Council upon the recommendation of the Commission, may take action to provide what he considers to be adequate police services within that region and the cost of providing such police services is a debt owed to Her Majesty 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.

17.7(2)No action shall be taken under subsection (1) until reasonable notice has been given to the joint board and the joint board has been given reasonable time to answer the allegation.

17.91(1)Notwithstanding any other remedial measure that may be imposed, a police officer shall not be dismissed or demoted for unsatisfactory work performance except in accordance with the provisions of this Part.

17.91(2)Notwithstanding any other remedial measure that may be imposed, a chief of police shall not be dismissed for just cause except in accordance with the provisions of this Part.

17.92(1)A chief of police may recommend to an arbitrator the dismissal or demotion of a police officer for unsatisfactory work performance.

17.92(2)A civic authority may recommend to an arbitrator the dismissal of a chief of police for just cause.

17.92(3)Notwithstanding subsection (2), the contract of employment of a chief of police may be rescinded on any terms or conditions agreed to by the chief of police and civic authority.

17.93(1)If a chief of police wishes to recommend to an arbitrator the dismissal or demotion of a police officer for unsatisfactory work performance, the chief of police shall serve a notice of arbitration hearing, which shall contain the recommendation and the reasons for the recommendation, on the police officer.

17.93(2)If a civic authority wishes to recommend to an arbitrator the dismissal of a chief of police for just cause, the civic authority shall serve a notice of arbitration hearing, which shall contain the recommendation and the reasons for the recommendation, on the chief of police.

17.96(1)Upon completion of the presentation of evidence and representations, the arbitrator shall

17.96(2)The arbitrator shall, within fifteen days after the completion of the arbitration hearing, give the parties notice in writing of his or her decision.

17.96(3)If the arbitrator makes a decision under subparagraph (1)(b)(i), no entry shall be made in the service record of discipline or personnel file of the member of a police force.

17.96(4)If the arbitrator makes a decision under paragraph (1)(a) or subparagraph (1)(b)(ii), an entry shall be made in the personnel file of the member of a police force.

17.96(5)The decision of the arbitrator is final and binding on the parties.

18(1)There shall be a New Brunswick Police Commission appointed by the Lieutenant-Governor in Council composed of a chair, a vice-chair and such other members as the Lieutenant-Governor in Council sees fit to appoint, each to be appointed for a term not to exceed ten years.

18(2)The Lieutenant-Governor in Council may designate a member of the Commission to serve either as a full-time member or as a part-time member.

18(2.1)If the chair is absent or unable to act or if the office of chair is vacant, the vice-chair shall act as chair and while so acting may exercise the powers and perform the duties of the chair under this Act.

18(2.2)The chair may assign to the vice-chair the powers and duties of the chair under this Act.

18(3)Members of the Commission designated as full-time members shall not engage in any business, trade, profession or occupation without prior approval in each particular case by the Lieutenant-Governor in Council.

18(4)A breach of subsection (3) is deemed to be cause for termination under subsection (8).

18(5)Members of the Commission designated as full-time members shall be paid an annual salary to be prescribed by the Lieutenant-Governor in Council.

18(6)The Lieutenant-Governor in Council may prescribe the remuneration to be paid to part-time members of the Commission and may fix the rate for reimbursement of expenses incurred by members while acting on behalf of the Commission.

18(7)A member of the Commission designated to serve as a full-time member is entitled, after having served at least ten years as a full-time member, to receive at age sixty-five a pension and benefits.

18(7.1)Subject to subsection (7), with respect to determining the pension and benefits referred to in subsection (7), sections 15 to 17 of the Provincial Court Act apply mutatis mutandis.

18(8)The appointment of the chair or any member of the Commission may be terminated by the Lieutenant-Governor in Council for cause.

18(9)Where a member of the Commission is, in the opinion of the Minister, unable to carry out his duties by reason of his illness, absence or suspension, the Minister may designate another person to act during the illness, absence, or suspension of the member and the Lieutenant-Governor in Council may prescribe the remuneration to be paid to such person and may fix the rate for reimbursement of expenses of such person while acting for such member.

18(10)There may be appointed in accordance with the Civil Service Act such employees as the Commission considers necessary for the purposes of this Act.

19(1)The Commission shall in each year hold such meetings as it considers necessary, and meetings shall be open to the public unless the commission otherwise directs.

19(2)Two members of the Commission constitute a quorum.

19(3)Notwithstanding subsection (2) the chair of the Commission may exercise and perform, and may authorize one or more members of the Commission to exercise and perform, the powers and duties of the Commission under section 22.

19(4)The Commission may hold meetings and perform any of its responsibilities anywhere within the Province.

21(4)Where the Commission is of the opinion that the equipment used or the uniform or the insignia worn or displayed by any person or by the employees of any person, or used by the members or employees of any unincorporated association, is so similar to that authorized by the Commission for the use of police officers that the public may be misled, the Commission may, by order in writing served personally or by registered mail on that person or, in the case of an association, the head or apparent head of that association within the Province, require that person or that association, together with the employees of that person or association or members of that association, to desist from the use of the equipment, uniform or insignia.

21(5)Service of an order pursuant to subsection (4) shall be deemed to be notice of the order and of its contents to every person employed by the person on whom it was served, and to every person who is a member of, employed by or otherwise serving the association affected thereby.

21(6)A person who violates an order made under subsection (4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

22(1)Subject to Part III, where a person has a complaint relating to any aspect of the policing of any area of the Province, the person may state his or her complaint in writing to the chair of the Commission.

22(2)The Commission may refer any complaint received under subsection (1) to a board, or council where a board has not been established, or to a chief of police.

22(3)Where a board, council or chief of police receives a referral of a complaint pursuant to subsection (2), the board, council or chief of police, as the case may be, shall investigate such complaint and shall report to the Commission the results of the investigation, or if the complaint is not investigated, the reason for failure to do so.

22(4)The Commission shall, at the direction of the Minister, and may

22(5)The Commission may, where it considers it necessary, conduct a hearing with respect to any matter that is the subject of an investigation under this section.

22(5.1)The Commission may appoint an investigator to conduct an investigation under this section.

22(5.2)The Commission may, subject to subsections (6), (7) and (11) and the regulations, establish its own procedure with respect to investigations and hearings under this section.

22(6)The Commission may, where it considers that there are compelling reasons in the public interest or in the interests of the witness, direct that a witness be examined in private.

22(7)Where evidence is taken in private under subsection (6), no person, without the consent of the Commission, shall disclose any evidence so taken or the name of any witness so examined, and a person who violates this subsection commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

22(8)The Commission shall file a report of every investigation and hearing under this section with the Minister and shall provide to the Minister access to all files prepared and all exhibits, depositions and other evidence presented or acquired during the course of an investigation or hearing.

22(9)Where the Commission undertakes an investigation pursuant to paragraph (4)(a), it may forward a report to the person initiating the investigation or to any other person the Commission considers desirable, upon the conclusion of the investigation and hearing, if any.

22(10)Where the Commission undertakes an investigation pursuant to paragraph (4)(b), it shall file a report with the board or council, as the case may be, upon the conclusion of the investigation and a hearing, if any.

22(11)Subject to subsections (6) and (12), any hearing under this section shall be open to the public.

22(12)Where in the opinion of the Commission there are exceptional circumstances concerning public interest or in the interest of an individual, a hearing or any portion thereof under this section may be held in private.

22.1(1)The Commission may maintain, for as long as the Commission determines necessary, a repository of disciplinary and corrective measures.

22.1(2)The Commission may disclose records from the repository for the purposes of achieving consistency in disciplinary and corrective measures.

22.1(3)Any record from the repository shall not disclose the name of or any identifying information about the member of a police force.

22.1(4)The Commission shall file with the Minister reports concerning the records from the repository that the Minister from time to time requests.

24(1)The Commission shall each year file with the Minister an annual report respecting the work of the Commission during the preceding fiscal year and such report shall include all aspects of policing in the Province and an assessment of the adequacy of policing by each police force and by the Royal Canadian Mounted Police.

24(2)The Commission shall file with the Minister such other reports as it considers necessary or that the Minister from time to time requests.

24(3)The annual report filed by the Commission shall be laid by the Minister before the Legislative Assembly if it is then sitting, or, if not, at the next ensuing sitting.

25(1)If a person has a conduct complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.

25(2)If a person has a service or policy complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority.

25(3)The chief of police, civic authority or Commission, as the case may be, shall provide the complainant with any information or assistance the complainant requires in filing the complaint.

25(4)If a complaint is filed with a chief of police or civic authority, the chief of police or civic authority shall provide a copy of the complaint to the Commission.

25.1(1)Subject to subsection (2), a complaint shall be filed within one year after the date of the incident or omission, or occurrence of the conduct that is the subject of the complaint.

25.1(2)The Commission may, where in the opinion of the Commission circumstances so warrant, extend the time for the filing of the complaint.

25.1(3)A chief of police or civic authority, as the case may be, shall commence an examination into the conduct of a member of a police force where no conduct complaint is filed, within one year after the day on which the chief of police or civic authority becomes aware of the alleged breach of the code.

25.1(4)The period of time between the filing of a conduct complaint under subsection 25(1) or the commencement of an examination into the conduct of a member of a police force where no conduct complaint is filed under section 27.1 or 29.9 and the date the chief of police or civic authority serves the member of a police force with a notice of settlement conference under section 28.7 or 31.6 shall not exceed six months.

25.1(5)If a conduct complaint is not processed or an examination into the conduct of a member of a police force where no conduct complaint is filed is not completed within the period of time prescribed in subsection (4), no further action shall be taken against the affected member of a police force and no entry shall be made in the service record of discipline or personnel file of the member of a police force.

25.2(1)Immediately after receiving a complaint, the chief of police, civic authority or Commission shall characterize the complaint as

25.2(2)In making a decision on characterization under subsection (1), the chief of police or civic authority may consult with the Commission.

25.2(3)A service or policy complaint or that portion of a complaint that concerns the service or policy of a police force shall be processed under Division B of this Part.

25.2(4)A conduct complaint or that portion of a complaint that concerns the conduct of a member of a police force shall be processed under Division C of this Part.

25.2(5)Where the chief of police or civic authority makes a decision on characterization, the chief of police or civic authority shall give the complainant and the Commission notice in writing of the decision.

25.3(1)The Commission shall review the decision of a chief of police or civic authority on characterization under subsection 25.2(1) and shall

25.3(2)The Commission’s decision under subsection (1) is final.

25.4(1)A complainant may, at any time, file a written notice of withdrawal of a complaint with the chief of police, civic authority or Commission, as the case may be.

25.4(2)If the notice of withdrawal is filed with the chief of police, he or she shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a police officer, to the affected police officer.

25.4(3)If the notice of withdrawal is filed with the civic authority, the civic authority shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the Commission and, if the complaint concerns the conduct of a chief of police, to the affected chief of police.

25.4(4)If the notice of withdrawal is filed with the Commission, the Commission shall, immediately after receiving the notice, provide a copy of the notice of withdrawal to the appropriate chief of police or civic authority and, if the complaint concerns the conduct of a member of a police force, to the affected member of a police force.

25.4(5)Notwithstanding subsections (2), (3) and (4), if the notice of withdrawal of a conduct complaint is filed before the affected member of a police force has been notified of the substance of the conduct complaint under subsection 27.4(1) or 30.3(1), the chief of police, civic authority or Commission, as the case may be, may, in the discretion of the chief of police, civic authority or Commission, decide not to provide a copy of the notice of withdrawal to the member of a police force.

25.4(6)Notwithstanding the withdrawal of a complaint,

25.4(7)The chief of police, civic authority or Commission, as the case may be, may give the complainant notice in writing of the decision under subsection (6) and, if the complaint concerns the conduct of a member of a police force, the chief of police, civic authority or Commission, as the case may be, shall give the affected member of a police force notice in writing of the decision.

25.5(1)Where a complaint concerning the Royal Canadian Mounted Police is filed with the Commission, the Commission shall give the complainant notice in writing that the complaint is not within its jurisdiction and refer the complaint to the Commanding Officer of the Royal Canadian Mounted Police or to the Commission for Public Complaints against the Royal Canadian Mounted Police.

25.5(2)The Commission shall provide a copy of a complaint it receives under subsection (1) to

25.6(1)If the Commission characterizes a complaint as a service or policy complaint or reviews the decision of a chief of police or civic authority on characterization and determines the complaint is a service or policy complaint, the Commission shall immediately refer the service or policy complaint to the appropriate chief of police and civic authority to process the complaint.

25.6(2)If the civic authority receives a service or policy complaint under subsection (1), the civic authority shall

25.6(3)If the chief of police processes a service or policy complaint under paragraph (2)(a), the chief of police shall immediately give the complainant, civic authority and Commission notice in writing of the disposition of the complaint.

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 immediately give the complainant and the Commission notice in writing of the disposition of the complaint.

26(1)No person shall

26(2)A person who violates or fails to comply with paragraph (1)(a), (b) or (c) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

26.1(1)Notwithstanding any other provision of this Division, if the Commission considers it to be in the public interest, it may, at any time before an arbitrator has been appointed, process a conduct complaint or take over from a chief of police or civic authority the processing of a conduct complaint.

26.1(2)The provisions of this Act that apply to the powers that a chief of police or civic authority may exercise when processing a conduct complaint also apply with the necessary modifications to the Commission when it processes a conduct complaint or takes over from a chief of police or civic authority the processing of a conduct complaint.

26.1(3)Any decision made by the Commission when the Commission processes a conduct complaint, takes over from a chief of police or civic authority the processing of a conduct complaint or reviews a decision made by a chief of police or civic authority is final.

26.4(1)Where an investigation into a conduct complaint is conducted, every member of a police force, including an auxiliary police officer, shall provide the investigator with any information and assistance requested by the investigator.

26.4(2)Subsection (1) does not apply to

26.5(1)Where an investigator has reason to believe there might be relevant information relating to the conduct complaint in a premises, the investigator may, at any reasonable time, enter the premises and inspect any document or physical object relating to the investigation.

26.5(2)An investigator shall not enter a private dwelling under subsection (1) unless the investigator

26.5(3)Before or after attempting to effect entry under subsection (1), an investigator may apply to a judge for an entry warrant under the Entry Warrants Act.

26.5(4)An investigator may request the assistance of a member of a police force or a member of the Royal Canadian Mounted Police for the purposes of subsection (1).

26.6(1)An investigator may, for the purpose of the investigation, remove documents and physical objects relating to the investigation from a premises referred to in subsection 26.5(1) and may make a copy or extract of the documents or any part of the documents and shall give a receipt to the occupier for the documents or physical objects so removed.

26.6(2)Where documents are removed from a premises referred to in subsection 26.5(1), they shall be returned as soon as possible after the making of the copies or extracts.

26.6(3)A copy or extract of any document related to an investigation and purporting to be certified by an investigator is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

26.7(1)No person shall obstruct or interfere with an investigator in the carrying out of an investigation under this Division, or withhold, destroy, conceal or refuse to furnish any information, documents or physical objects required by the investigator for the purposes of the investigation.

26.7(2)A refusal of consent to enter a private dwelling is not and shall not be deemed to be obstructing or interfering within the meaning of subsection (1), except where an entry warrant has been obtained.

26.7(3)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

26.9(1)Pending the outcome of proceedings taken under this Part and notwithstanding any other provision of this Act or the regulations, a chief of police may suspend without pay a police officer who is convicted of an offence under an Act of the Legislature or an Act of the Parliament of Canada even if the conviction or sentence is under appeal.

26.9(2)Where a police officer is acquitted following an appeal, the police officer shall receive all of the pay, remuneration, benefits and seniority to which the police officer would have been entitled but for the suspension.

26.9(3)After the conclusion of proceedings taken under this Part, the police officer shall receive all the pay, remuneration, benefits and seniority to which the police officer would have been entitled but for the suspension less any pay, remuneration, benefits or seniority the police officer is not entitled to as a result of a disciplinary or corrective measure imposed by an arbitrator or agreed to by the parties to a settlement conference.

26.9(4)Subsection (3) does not apply if the police officer is dismissed.

27(1)A police officer shall not during a period of suspension

27(2)A police officer who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

27.2(1)Notwithstanding any other provision of this Act or the regulations, the Commission may, on its own motion or on the request of a chief of police, suspend the processing of a conduct complaint under this Subdivision where the processing will be or becomes an investigation into an alleged offence under an Act of the Legislature or an Act of the Parliament of Canada until such time as the Commission directs otherwise.

27.2(2)If the Commission suspends the processing of a conduct complaint by a chief of police, the period of time prescribed in subsection 25.1(4) is suspended during the period of suspension and resumes on the completion of the period of suspension.

27.3(1)If the Commission characterizes a complaint as a complaint concerning the conduct of a police officer or reviews the decision of a chief of police or civic authority on characterization and determines that the complaint concerns the conduct of a police officer, the Commission shall immediately refer the conduct complaint to the appropriate chief of police to process the complaint.

27.3(2)Notwithstanding subsection (1), the Commission shall refer a conduct complaint to a civic authority to process the complaint if the complaint concerns the conduct of a deputy chief of police.

27.3(3)The provisions under Subdivision c apply, with the necessary modifications, to a complaint referred to the civic authority under subsection (2).

27.4(1)The chief of police shall give the police officer notice in writing of the substance of the conduct complaint immediately after he or she receives the conduct complaint under subsection 27.3(1).

27.4(2)Notwithstanding subsection (1) and subject to subsection (4), the chief of police may withhold notification of the police officer if the chief of police determines that notification may jeopardize the processing of the conduct complaint.

27.4(3)If the chief of police decides to withhold notification under subsection (2), the chief of police shall immediately give the Commission notice in writing of such decision.

27.4(4)The Commission may order the chief of police to give the police officer notice in writing of the substance of the conduct complaint and the chief of police shall comply immediately with the order.

27.5(1)The chief of police may summarily dismiss a conduct complaint, in whole or in part if, in the opinion of the chief of police, the complaint or part of the complaint is frivolous, vexatious or not made in good faith.

27.5(2)If the chief of police decides to summarily dismiss a conduct complaint or part of a conduct complaint, the chief of police shall give the complainant and the Commission notice in writing of the decision, including the reasons for the decision.

27.6(1)The Commission shall review the decision of the chief of police to summarily dismiss the conduct complaint under subsection 27.5(1) and shall

27.6(2)If the chief of police or civic authority receives new information relating to a conduct complaint that has been summarily dismissed, the chief of police or civic authority, as the case may be, shall immediately forward such information to the Commission and if, in the opinion of the Commission, such information requires the matter to be reviewed, the Commission may order the chief of police to proceed with processing the conduct complaint.

27.6(3)On receiving new information and ordering the chief of police to process a conduct complaint under subsection (2), the Commission shall give the chief of police, complainant and affected police officer notice in writing of the nature of the new information and the reasons for the order to proceed with processing the conduct complaint.

27.7(1)Subject to section 27.5, if the Commission refers a conduct complaint to a chief of police to process the complaint, the chief of police shall determine whether the conduct complaint can be resolved informally.

27.7(2)If the chief of police decides to attempt to resolve the conduct complaint informally, the chief of police shall give the complainant and the police officer notice in writing of his or her decision to attempt to resolve the complaint informally.

27.7(3)Where a complaint is resolved informally,

27.7(4)Within fourteen days after receiving the results of the informal resolution under paragraph (3)(b), the complainant may request the Commission to review the results of the informal resolution.

27.7(5)A conduct complaint that is resolved by informal resolution shall not be entered in a service record of discipline or personnel file of a police officer.

27.8(1)No answer given or statement made by a complainant or a police officer in the course of attempting to resolve a conduct complaint informally may be used in any disciplinary, administrative or civil proceedings, other than a hearing or proceeding in respect of an allegation that, with the intent to mislead, the complainant or the police officer gave an answer or made a statement knowing it to be false.

27.8(2)Without limiting subsection (1), an apology by the police officer shall not be admitted into evidence or construed as an admission of guilt at any subsequent civil or administrative proceeding or in any subsequent proceeding under this Act.

28(1)A chief of police shall proceed with an investigation into a conduct complaint if

28(2)If a chief of police proceeds with an investigation under subsection (1), he or she shall give the complainant and the police officer notice in writing of such.

28(3)The chief of police shall give the Commission notice in writing of his or her decision to proceed with an investigation under paragraph (1)(a) or (b).

28.1(1)If the chief of police conducts an investigation into a conduct complaint, the chief of police may

28.1(2)Notwithstanding subsection (1), the chief of police shall, if he or she determines an external investigation is necessary in order to preserve public confidence in the complaint process or, if the Commission orders it,

28.1(3)If the Commission processes a conduct complaint or takes over from a chief of police the processing of a conduct complaint under section 26.1, it shall appoint as an investigator a police officer of another police force who is of a higher rank than the police officer being investigated, or appoint an investigator from the list it establishes and maintains under section 26.2.

28.2(1)Upon completion of an investigation, the investigator shall provide the chief of police with the full details of the investigation, including

28.2(2)Upon receipt of the documents listed under subsection (1), the chief of police shall

28.4(1)Upon review of the investigation report, the chief of police shall

28.4(2)If the chief of police decides to take no further action under paragraph (1)(a), the chief of police shall give the police officer, complainant and Commission notice in writing of his or her decision and shall give the complainant notice in writing that he or she may request the Commission to review the decision.

28.7(1)If the chief of police decides to proceed to a settlement conference under paragraph 28.4(1)(b), or if the Commission orders the chief of police to conduct a settlement conference under paragraph 28.5(b), the chief of police shall:

28.7(2)The notice of settlement conference shall contain:

28.9(1)The parties to a settlement conference are the police officer and the chief of police.

28.9(2)The complainant may attend and make representations at a settlement conference.

29.2(1)The complainant may be accompanied by a support person at a settlement conference.

29.2(2)The support person may not make representations on behalf of the complainant without the consent of the parties.

29.4(1)If the parties to a settlement conference reach a settlement, the parties shall sign a letter setting out the disciplinary and corrective measures agreed to by the parties, and the chief of police shall immediately serve the letter of settlement on the Commission and provide copies of the letter of settlement to the complainant and police officer.

29.4(2)The disciplinary and corrective measures agreed to by the parties under subsection (1) shall be stayed for a period of thirty days after the date that the chief of police serves the letter of settlement on the Commission.

29.4(3)Subject to section 29.5, the settlement is final and binding on the parties.

29.4(4)If, in the opinion of the chief of police, the parties to the settlement conference fail to reach a settlement within a reasonable period of time, the chief of police shall serve a notice of arbitration hearing on the police officer.

29.5(1)Within fourteen days after receiving the letter of settlement under subsection 29.4(1), the complainant may request the Commission to review the settlement.

29.5(2)The Commission may, on its own motion, and shall, on the request of the complainant, review a settlement under subsection 29.4(1) and shall