Acts and Regulations

P-9.2 - Police Act

Section 3
Disposition versions

Full text
Provision of police force, violation of provincial law by police officer
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 or a regional municipality shall be responsible for providing and maintaining adequate police services within the whole rural community or regional municipality, as the case may be, if it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
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
(a) with the Lieutenant-Governor in Council, or
(b) with a municipality,
for the policing of the area and to bear the cost of police services contracted for.
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
(a) committed the offence while discharging the person’s responsibilities,
(b) was reasonably justified in committing the offence having regard to the responsibility being discharged, and
(c) acted in a reasonable manner having regard to all of the circumstances.
1981, c.59, s.3; 1986, c.64, s.3; 1987, c.41, s.2; 1988, c.64, s.10; 1997, c.55, s.1; 1997, c.60, s.4; 2000, c.38, s.3; 2005, c.7, s.62; 2017, c.20, s.137; 2021, c.25, s.1
Provision of police force, violation of provincial law by police officer
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 or a regional municipality shall be responsible for providing and maintaining adequate police services within the whole rural community or regional municipality, as the case may be, if it has made a by-law with respect to the provision of police services under subsection 10(4) of the Local Governance Act.
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
(a) with the Lieutenant-Governor in Council, or
(b) with a municipality,
for the policing of the area and to bear the cost of police services contracted for.
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
(a) committed the offence while discharging his responsibilities,
(b) was reasonably justified in committing the offence having regard to the responsibility being discharged, and
(c) conducted himself in a reasonable manner having regard to all of the circumstances.
1981, c.59, s.3; 1986, c.64, s.3; 1987, c.41, s.2; 1988, c.64, s.10; 1997, c.55, s.1; 1997, c.60, s.4; 2000, c.38, s.3; 2005, c.7, s.62; 2017, c.20, s.137
Duty of municipality to provide police force
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
(a) within the whole rural community, if the rural community has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act, or
(b) within an area of the rural community, if the rural community is required to do so by a regulation under paragraph 14.1(5)(f) of the Municipalities Act.
Duty of municipality to provide police force
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.
Special area police force
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
(a) with the Lieutenant-Governor in Council, or
(b) with a municipality,
for the policing of the area and to bear the cost of police services contracted for.
Violation of provincial law by police officer
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
(a) committed the offence while discharging his responsibilities,
(b) was reasonably justified in committing the offence having regard to the responsibility being discharged, and
(c) conducted himself in a reasonable manner having regard to all of the circumstances.
1981, c.59, s.3; 1986, c.64, s.3; 1987, c.41, s.2; 1988, c.64, s.10; 1997, c.55, s.1; 1997, c.60, s.4; 2000, c.38, s.3; 2005, c.7, s.62
Duty of municipality to provide police force
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
(a) within the whole rural community, if the rural community has enacted a by-law with respect to the provision of police services under subsection 190.079(1) of the Municipalities Act, or
(b) within an area of the rural community, if the rural community is required to do so by a regulation under paragraph 14.1(5)(f) of the Municipalities Act.
Duty of municipality to provide police force
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.
Special area police force
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
(a) with the Lieutenant-Governor in Council, or
(b) with a municipality,
for the policing of the area and to bear the cost of police services contracted for.
Violation of provincial law by police officer
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
(a) committed the offence while discharging his responsibilities,
(b) was reasonably justified in committing the offence having regard to the responsibility being discharged, and
(c) conducted himself in a reasonable manner having regard to all of the circumstances.
1981, c.59, s.3; 1986, c.64, s.3; 1987, c.41, s.2; 1988, c.64, s.10; 1997, c.55, s.1; 1997, c.60, s.4; 2000, c.38, s.3; 2005, c.7, s.62