Acts and Regulations

P-9.2 - Police Act

Section 26.8
Disposition versions

Full text
Temporary reassignment and suspension
2005, c.21, s.15
26.8(1)Notwithstanding any other provision of this Act, a chief of police may reassign or suspend a police officer, pending the completion of the processing of a conduct complaint, if the chief of police has reason to believe that the police officer has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the chief of police determines that there is no reasonable alternative and if one of the following conditions has been met:
(a) reassignment or suspension is required to protect a member of a police force or other person;
(b) failure to reassign or suspend the police officer is likely to bring the reputation of the police force into disrepute;
(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the police force; or
(d) there are reasonable grounds to believe that the police officer is incapable of carrying out their regular duties.
26.8(2)If conditions have materially changed in the opinion of a chief of police, the chief of police may
(a) terminate the suspension of a police officer, or
(b) act under subsection (1) more than once during the processing of a conduct complaint.
26.8(3)A police officer referred to in subsection (1) shall be suspended with pay, up to a maximum of 180 days, after which time the police officer shall be suspended without pay.
26.8(4)The maximum number of days for which a police officer may be paid applies to the cumulative number of days for which the police officer is suspended during the processing of a conduct complaint.
2005, c.21, s.15; 2021, c.25, s.1
Temporary reassignment and suspension
2005, c.21, s.15
26.8Notwithstanding any other provision of this Act, a chief of police may reassign or suspend with pay a police officer, pending the completion of the processing of a conduct complaint, if the chief of police has reason to believe that the police officer has committed an offence under an Act of the Legislature or an Act of the Parliament of Canada, or has committed a breach of the code, if the chief of police determines that there is no reasonable alternative and if one of the following conditions has been met:
(a) reassignment or suspension is required to protect a member of a police force or other person;
(b) failure to reassign or suspend the police officer is likely to bring the reputation of the police force into disrepute;
(c) there are reasonable grounds to believe that the offence or breach, if proven, would undermine public confidence in the police force; or
(d) there are reasonable grounds to believe that the police officer is incapable of carrying out his or her regular duties.
2005, c.21, s.15