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P-9.2
- Police Act
Detailled Table of Contents
Document at 25 November 2022
Police Act
1
Definitions
I
PROVINCIAL AND MUNICIPAL POLICERESPONSIBILITY
1.1
Power of the Minister
2
Agreements with the Royal Canadian Mounted Police, peace officer status
2.01
Administration of the Royal Canadian Mounted Police Auxiliary Constable Program
2.1
Certificate prima facie proof
3
Provision of police force, violation of provincial law by police officer
3.1
Responsibility of civic authority and chief of police
3.2
Delegation by the civic authority
4
Agreements by municipality for policing
4.1
Prohibition on municipality respecting policing
5
Provision by Crown of adequate police services
5.01
Municipal Police Assistance Fund
5.1
Repealed
5.2
Repealed
5.3
Repealed
5.4
Repealed
5.5
Repealed
5.6
Repealed
6
Pre-emption of municipal police investigation by Minister
7
Municipal boards of police commissioners
8
Effect of policing agreement on municipal board
9
Meetings of municipal boards
10
Appointments by municipal board, powers of chief of police, submission of proposed budget
11
Appointments by council, powers of chief of police, agreements, by-laws and resolutions
12
Duties of police officer
13
Appointment and status of auxiliary police officers and auxiliary police constables
13.1
Court liaison officers
14
Powers of by-law enforcement officer
14.1
Special constables
15
Qualifications of police officers
15.1
Idem
16
Present police officers deemed appointed under Act
17
Liability of municipality for torts of police officer
17.01
Agreement respecting establishment of a regional policing authority
17.02
Agreement for policing
17.03
Employment
17.04
Repealed
17.05
Regional policing authority
17.06
Budget of regional policing authority
17.07
Adequate police services within region
17.1
Establishment of a joint board
17.2
Duties and power of joint board
17.3
Appointments by joint board, powers of chief of police, present police officers
17.4
Budget for joint board
17.5
Joint board deemed employer
17.6
Liability of joint board of torts of police officers
17.7
Provision by Crown of adequate police services
17.8
Repealed
17.9
Repealed
I.1
UNSATISFACTORY WORK PERFORMANCE
17.91
General application
17.92
Recommendation to dismiss or demote a member of a police force
17.93
Notice of arbitration hearing
17.94
Parties to an arbitration hearing
17.95
Arbitrator’s duty to consider circumstances
17.96
Decision of the arbitrator
17.97
Arbitrator maintains jurisdiction
II
NEW BRUNSWICKPOLICE COMMISSION
18
New Brunswick Police Commission established
19
Meetings of Commission
20
Assessment of Commission
20.1
Repealed
21
Equipment, uniforms and insignia of police forces
22
Investigation of police matters by Commission
22.1
Repository of corrective and disciplinary measures
23
Repealed
24
Reports of Commission
II.1
SERIOUS INCIDENT INVESTIGATIONS
24.1
Definitions
24.2
Agreements respecting investigations
24.3
Assistance
24.4
Powers as peace officer
24.5
Notifying head of investigative body of serious incident
24.6
Investigations
24.7
Investigation file
24.8
Summary of investigation
24.9
Annual report
III
COMPLAINTS AND DISCIPLINE
A
Complaint Process
25
Filing a complaint
25.01
Repealed
25.02
Repealed
25.03
Repealed
25.04
Repealed
25.1
Time limits
25.2
Characterizing a complaint
25.3
Review of characterization
25.4
Withdrawal of a complaint
25.5
Complaints concerning the Royal Canadian Mounted Police
25.51
False or misleading statements, complaints made in bad faith and preventing the filing of complaints
B
Service or Policy Complaints
25.6
Procedure
C
Conduct Complaints
a
General Powers
25.7
General application
25.8
Exemption of auxiliary police officers
25.9
Elimination of positions
26
False or misleading statements, complaints made in bad faith and preventing the filing of complaints
26.1
Powers of the Commission
26.2
List of investigators
26.3
Powers of investigator
26.4
Assistance to investigator
26.5
Power of entry
26.6
Removal of documents and physical objects
26.7
Obstruction
b
Complaints Concerning the Conduct of a Police Officer
26.8
Temporary reassignment and suspension
26.9
Suspension without pay
27
Prohibition during suspension
27.1
Examination where no conduct complaint is filed
27.2
Suspension of the processing of a conduct complaint
27.3
Who processes a conduct complaint
27.4
Notification of the police officer
27.5
Summary dismissal of a conduct complaint
27.6
Review of summary dismissal
27.7
Informal resolution
27.8
Statements
27.9
Review of the results of informal resolution
28
Investigation
28.1
Appointment of investigator
28.2
Investigation report
28.3
New investigation
28.4
Decision of the chief of police
28.5
Review of decision to take no further action
28.6
Effect of decision to take no further action
28.7
Notice of settlement conference
28.8
Purpose of settlement conference
28.9
Parties to a settlement conference
29
Facilitator
29.1
Representative
29.2
Support person
29.21
Repealed
29.3
Statements
29.4
Settlement
29.5
Review of settlement
29.51
Notice of arbitration hearing
c
Complaints Concerning the Conduct of a Chief of Police
29.6
Temporary reassignment and suspension
29.7
Suspension without pay
29.8
Prohibition during suspension
29.9
Examination where no conduct complaint is filed
30
Suspension of the processing of a conduct complaint
30.1
Investigation into an alleged offence
30.2
Who processes a conduct complaint
30.3
Notification of the chief of police
30.4
Summary dismissal of a conduct complaint
30.5
Review of summary dismissal
30.6
Informal resolution
30.7
Statements
30.8
Review of the results of informal resolution
30.9
Investigation
31
Appointment of investigator
31.1
Investigation report
31.2
New investigation
31.3
Decision of the civic authority
31.4
Review of decision to take no further action
31.5
Effect of decision to take no further action
31.6
Notice of settlement conference
31.7
Purpose of settlement conference
31.8
Parties to a settlement conference
31.9
Facilitator
32
Representative
32.1
Support person
32.2
Statements
32.3
Settlement
32.4
Review of settlement
32.41
Notice of arbitration hearing
d
Arbitration
32.5
Parties to an arbitration hearing
32.6
Decision of the arbitrator
32.7
Arbitrator maintains jurisdiction
III.1
EXTRAJURISDICTIONAL POLICE OFFICERS APPOINTED IN NEW BRUNSWICK
A
Conduct Complaint Process
32.71
Definitions
32.72
Filing a conduct complaint
32.73
Time limits
32.74
Notification
32.75
Withdrawal of conduct complaint
32.76
Summary dismissal of a conduct complaint
32.77
False or misleading statements, conduct complaints made in bad faith and preventing the filing of conduct complaints
B
Investigation into Conduct Complaints
32.78
Commission shall investigate
32.79
Investigation where no conduct complaint is filed
32.8
Appointment of investigator
32.81
Powers of investigator
32.82
Assistance to investigator
32.83
Power of entry
32.84
Removal of documents and physical objects
32.85
Obstruction
32.86
Suspension of investigation
32.87
Investigation report
III.2
NEW BRUNSWICK POLICE OFFICERS APPOINTED IN ANOTHER PROVINCE OR TERRITORY OF CANADA
A
Decision of the Commission
32.88
Decision of the Commission
32.89
Effect of decision to take no further action
B
Notice of settlement conference
32.9
Notice of settlement conference
32.91
Purpose of settlement conference
32.92
Parties to a settlement conference
32.93
Facilitator
32.94
Representative
32.95
Support person
32.96
Statements
32.97
Settlement
C
Arbitration
32.98
Parties to an arbitration hearing
32.99
Decision of the arbitrator
32.991
Arbitrator maintains jurisdiction
IV
GENERAL
33
Powers and immunities of arbitrator
33.01
List of arbitrators
33.02
Appointment of arbitrator by the parties
33.03
Appointment of arbitrator by the Commission
33.04
Service of notice of arbitration hearing after the expiration of time
33.05
Contempt powers
33.06
Failure to comply with the decision of the arbitrator
33.07
Arbitration Act not applicable
33.1
Protection against liability
33.2
Paramountcy of Police Act
34
Repealed
34.1
Offences and penalties
35
Service of documents
35.1
Signature on order or documents
35.2
Application of the Regulations Act
36
Duty of private investigators
37
Disposition of property recovered by police officer
38
Regulations
38.1
Repealed
39
Repeals
40
Repealed
40.1
Repealed
40.2
Repealed
41
Commencement
Schedule A
Repealed: 2000, c.38, s.20