Acts and Regulations

P-9.2 - Police Act

Section 26
Disposition versions

Full text
False or misleading statements, complaints made in bad faith and preventing the filing of complaints
Repealed: 2021, c.25, s.1
2005, c.21, s.15; 2021, c.25, s.1
26Repealed: 2021, c.25, s.1
1981, c.59, s.18; 1984, c.54, s.15; 1986, c.64, s.6; 1988, c.67, s.8; 1991, c.27, s.33; 1996, c.26, s.2; 1998, c.42, s.6; 2005, c.21, s.15; 2021, c.25, s.1
False or misleading statements, complaints made in bad faith and preventing the filing of complaints
2005, c.21, s.15
26(1)No person shall
(a) knowingly make a false or misleading statement when filing a service or policy complaint or conduct complaint,
(b) file a service or policy complaint or conduct complaint that is made in bad faith, or
(c) prevent, hinder, obstruct or interfere with a person filing a service or policy complaint or conduct complaint.
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.
1981, c.59, s.18; 1984, c.54, s.15; 1986, c.64, s.6; 1988, c.67, s.8; 1991, c.27, s.33; 1996, c.26, s.2; 1998, c.42, s.6; 2005, c.21, s.15
False or misleading statements, complaints made in bad faith and preventing the filing of complaints
2005, c.21, s.15
26(1)No person shall
(a) knowingly make a false or misleading statement when filing a service or policy complaint or conduct complaint,
(b) file a service or policy complaint or conduct complaint that is made in bad faith, or
(c) prevent, hinder, obstruct or interfere with a person filing a service or policy complaint or conduct complaint.
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.
1981, c.59, s.18; 1984, c.54, s.15; 1986, c.64, s.6; 1988, c.67, s.8; 1991, c.27, s.33; 1996, c.26, s.2; 1998, c.42, s.6; 2005, c.21, s.15
Investigation of complaints to Commission
26(1)Where a person has a complaint relating to the conduct of a member of a police force he may state his complaint in writing to the chairman of the Commission.
26(2)The Commission may
(a) refer a complaint relating to the conduct of a member of a police force to the chief of police unless the chief of police is the subject of the complaint, or
(b) investigate the complaint itself and in so doing may
(i) appoint an investigator to conduct an investigation into the complaint, or
(ii) conduct a hearing into the complaint,
or both.
26(3)Where the chief of police is the subject of the complaint, the Commission may refer the matter to the board or to the council where a board has not been established.
26(4)Repealed: 1988, c.67, s.8
26(5)Repealed: 1996, c.26, s.2
26(6)Notwithstanding subsection (3), where a chief of police is the subject of the complaint the Commission may
(a) appoint an investigator to conduct an investigation into the complaint, or
(b) conduct a hearing into the complaint,
or both.
26(7)A chief of police, a board or a council, upon a request by the Commission and within twenty days following such request, shall forward to the Commission the full details of any investigation into a complaint under this Act, including
(a) the name of the complainant,
(b) the name of the officer against whom the complaint was made,
(c) the nature of the complaint,
(d) a true copy of the investigation report,
(e) a true copy of all statements taken during the course of the investigation, and
(f) the disposition of the complaint, including any internal disciplinary action taken.
26(8)Where
(a) a chief of police, a board or a council does not investigate a complaint as to the conduct of a member of a police force referred by the Commission, and the Commission is not satisfied as to the reasons for the failure to investigate, or
(b) the Commission is not satisfied as to the disposition of any complaint under this Act,
the Commission may
(c) appoint an investigator to conduct the investigation or to investigate the disposition of the complaint, and
(d) conduct a hearing with respect to any matter that is the subject of an investigation under this subsection.
26(9)Where, after an investigation and a hearing, a member of a police force has been found guilty by the Commission of a major violation of the code, the Commission may issue an order directing the chief of police or the board or council where the chief of police is the subject of the complaint
(a) to issue a written warning to the member,
(b) to suspend the member without pay for a period not exceeding ten days,
(c) to reduce the member in rank, seniority or in pay,
(d) to dismiss the member, but if he is entitled, to place him in retirement,
(e) to request the member to resign and if he does not do so within seven days to dismiss the member, or
(f) to impose cumulatively any punishments set out in paragraphs (a) to (c).
26(10)Where, after an investigation and a hearing, a member of a police force has been found guilty by the Commission of a minor violation of the code, the Commission may issue an order directing the chief of police or the board or council where the chief of police is the subject of the complaint
(a) to issue a written warning to the member,
(b) to suspend the member without pay for a period not exceeding three days, or
(c) to impose cumulatively any punishments set out in paragraphs (a) to (b).
26(11)Where an order of the Commission is directed to a chief of police or the board or council where the chief of police is the subject of the complaint under subsection (9) or (10), the chief of police or the board or council where the chief of police is the subject of the complaint shall implement the order forthwith.
26(12)The Commission shall advise the person initiating the complaint of the disposition of the subject matter of the complaint.
1981, c.59, s.18; 1984, c.54, s.15; 1986, c.64, s.6; 1988, c.67, s.8; 1991, c.27, s.33; 1996, c.26, s.2; 1998, c.42, s.6