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"Point in Time" Regulation Content

Police Act and Emergency Program Act

Organized Crime Agency of British Columbia Complaints and Operations Regulation

B.C. Reg. 229/2002

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Title December 31, 2022
Part 1 and 2 December 31, 2022
Section 1 December 7, 2016
Section 2 March 31, 2010
December 7, 2016
Section 3 March 31, 2010
Section 4 March 31, 2010
December 7, 2016
Section 5 March 31, 2010
Part 3 December 7, 2016
Section 6 December 7, 2016
Section 7 December 7, 2016
Section 8 January 30, 2012
Section 9 December 7, 2016

 Regulation title BEFORE re-enacted by BC Reg 229/2022, effective December 31, 2022.

Organized Crime Agency of British Columbia
Complaints and Operations Regulation

 Parts 1 and 2 BEFORE repealed by BC Reg 229/2022, effective December 31, 2022.

Part 1 — OCA-DPU Complaint Procedure

Police Act, Part 11 — Complaint Procedure — OCA-DPU

2   (1) Subject to this section, the provisions of Part 11 of the Police Act [Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to the OCA-DPU as though each reference in Part 11 to

(a) "member" were a reference to a designated constable, the deputy chief officer or the chief officer of the OCA-DPU,

(b) "former member" were a reference to a designated constable, deputy chief officer or chief officer of the OCA-DPU who is no longer a designated constable, the deputy chief officer or the chief officer of any designated policing unit,

(c) "deputy chief constable" were a reference to the deputy chief officer of the OCA-DPU,

(d) "chief constable" were a reference to the chief officer of the OCA-DPU, and

(e) "municipal police department" were a reference to the OCA-DPU.

(2) In applying Part 11 of the Police Act for the purposes of this section,

(a) the board of the OCA-DPU is deemed to be the employer of each designated constable, the deputy chief officer and the chief officer of the OCA-DPU, and

(b) a reference to a board as an employer of a member or a former member is deemed to be a reference to the board of the OCA-DPU.

(3) In applying Part 11 of the Police Act for the purposes of this section,

(a) "reassign" means to attach conditions to the appointment of,

(b) "dismissal" and "reduction in rank" mean revocation of appointment, and

(c) "suspend" and "transfer" means to suspend the appointment of.

(4) Paragraph (b) (i) of the definition of "discipline authority" in section 76 (1) of the Police Act does not apply to the OCA-DPU and the following is substituted:

(i) the chair of the board of the OCA-DPU, unless section 117 (9) or 135 (2) applies, .

(5) Section 81 (c) (iii) of the Police Act does not apply and the following is substituted:

(iii) if the complaint concerns the conduct of a person who

(A) at the time of that conduct, was a designated constable, deputy chief officer or chief officer of the OCA-DPU and has, since the time of that conduct, ceased to be a designated constable, deputy chief officer or chief officer of the OCA-DPU, and

(B) is no longer a designated constable, deputy chief officer or chief officer of any designated policing unit or a member of any municipal police department,

the chief officer of the OCA-DPU.

(6) Section 82 (4) (b) of the Police Act does not apply and the following is substituted:

(b) ceases to be a designated constable, the deputy chief officer or the chief officer of the OCA-DPU at any time after the complaint is made.

(7) Section 126 (1) (a) to (c) of the Police Act do not apply and the following are substituted:

(a) revoke the designated constable's appointment;

(b) suspend the designated constable's appointment;

(8) For the purpose of applying section 128 of the Police Act, the disposition record may also be disclosed to the entity that employs the person who is the subject of the disposition record.

[en. B.C. Reg. 299/2016, Sch. 1, s. 2.]

Repealed

3   Repealed. [B.C. Reg. 60/2010, Sch. B, s. 2.]

Part 2 — OCA-DLEU Complaint Procedure

Police Act, Part 11 — Complaint Procedure — OCA-DLEU

4   (1) Subject to this section, the provisions of Part 11 of the Police Act[Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to the OCA-DLEU as though each reference in Part 11 to

(a) "member" were a reference to a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of the OCA-DLEU,

(b) "former member" were a reference to a designated law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU who is no longer a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of any designated law enforcement unit,

(c) "deputy chief constable" were a reference to the deputy chief enforcement officer of the OCA-DLEU,

(d) "chief constable" were a reference to the chief enforcement officer of the OCA-DLEU, and

(e) "municipal police department" were a reference to the OCA-DLEU.

(2) In applying Part 11 of the Police Act for the purposes of this section,

(a) the board of the OCA-DLEU is deemed to be the employer of each designated law enforcement officer, the deputy chief enforcement officer and the chief enforcement officer of the OCA-DLEU, and

(b) a reference to a board as an employer of a member or a former member is deemed to be a reference to the board of the OCA-DLEU.

(3) In applying Part 11 of the Police Act for the purposes of this section,

(a) "reassign" means to attach conditions to the appointment of,

(b) "dismissal" and "reduction in rank" mean revocation of appointment, and

(c) "suspend" and "transfer" means to suspend the appointment of.

(4) Paragraph (b) (i) of the definition of "discipline authority" in section 76 (1) of the Police Act does not apply to the OCA-DLEU and the following is substituted:

(i) the chair of the board of the OCA-DLEU, unless section 117 (9) or 135 (2) applies, .

(5) Section 81 (c) (iii) of the Police Act does not apply and the following is substituted:

(iii) if the complaint concerns the conduct of a person who

(A) at the time of that conduct, was a designated law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU and has, since the time of that conduct, ceased to be a designated law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU, and

(B) is no longer a designated constable, deputy chief officer or chief officer of any designated policing unit or a member of any municipal police department,

the chief officer of the OCA-DLEU.

(6) Section 82 (4) (b) of the Police Act does not apply and the following is substituted:

(b) ceases to be a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of the OCA-DLEU at any time after the complaint is made.

(7) Section 126 (1) (a) to (c) of the Police Act do not apply and the following are substituted:

(a) revoke the designated law enforcement officer's appointment;

(b) suspend the designated law enforcement officer's appointment;

(8) For the purpose of applying section 128 of the Police Act, the disposition record may also be disclosed to the entity that employs the person who is the subject of the disposition record.

[en. B.C. Reg. 299/2016, Sch. 1, s. 3.]

Repealed

5   Repealed. [B.C. Reg. 60/2010, Sch. B, s. 2.]

 Section 1 definition of "apply" BEFORE repealed by BC Reg 299/2016, effective December 7, 2016.

"apply" means apply, with the necessary changes and so far as it is applicable, to OCA-DLEU or OCA-DPU, as the case may be, and to the enforcement officers or designated constables appointed to them;

 Section 2 (part) BEFORE amended by BC Reg 60/2010, effective March 31, 2010.

  The provisions of Part 9 of the Police Act[complaint procedure] apply to OCA-DPU as though each reference in Part 9 to

 Section 2 BEFORE re-enacted by BC Reg 299/2016, effective December 7, 2016.

Police Act, Part 11 — complaint procedure — OCA-DPU

2   The provisions of Part 11 of the Police Act [Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to OCA-DPU as though each reference in Part 11 to

(a) "municipal constable" were a reference to a designated constable of OCA-DPU,

(b) "chief constable" were a reference to the chief officer of OCA-DPU,

(c) "deputy chief constable" were a reference to the deputy chief officer of the of OCA-DPU, and

(d) "municipal police department" were a reference to OCA-DPU.

[am. B.C. Reg. 60/2010, Sch. B, s. 1.]

 Section 3 BEFORE repealed by BC Reg 60/2010, effective March 31, 2010.

 Code of Professional Conduct Regulation — OCA-DPU

3  The provisions of the Code of Professional Conduct Regulation, B.C. Reg. 205/98, apply to OCA-DPU as though each reference in B.C. Reg. 205/98 to

(a) "police officer" were a reference to a designated constable of OCA-DPU,

(b) "chief constable" were a reference to the chief officer of OCA-DPU,

(c) "municipal police department" were a reference to OCA-DPU, and

(d) "municipal police board" were a reference to the board of OCA-DPU.

 Section 4 (part) BEFORE amended by BC Reg 60/2010, effective March 31, 2010.

  The provisions of Part 9 of the Police Act[complaint procedure] apply to OCA-DLEU as though each reference in Part 9 to

 Section 4 BEFORE re-enacted by BC Reg 299/2016, effective December 7, 2016.

Police Act, Part 11 — complaint procedure — OCA-DLEU

4   The provisions of Part 11 of the Police Act [Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to OCA-DLEU as though each reference in Part 11 to

(a) "municipal constable" were a reference to an enforcement officer of OCA-DLEU,

(b) "chief constable" were a reference to the chief enforcement officer of OCA-DLEU,

(c) "deputy chief constable" were a reference to the deputy chief enforcement officer of the of OCA-DLEU,

(d) "municipal police department" and "police department" were a reference to OCA-DLEU, and

(e) "service record of discipline" were a reference to the record of appointment of an enforcement officer of OCA-DLEU.

[am. B.C. Reg. 60/2010, Sch. B, s. 1.]

 Section 5 BEFORE repealed by BC Reg 60/2010, effective March 31, 2010.

 Code of Professional Conduct Regulation — OCA-DLEU

5  The provisions of the Code of Professional Conduct Regulation, B.C. Reg. 205/98, apply to OCA-DLEU as though each reference in B.C. Reg. 205/98 to

(a) "police officer" were a reference to an enforcement officer of OCA-DLEU,

(b) "chief constable" were a reference to the chief enforcement officer of OCA-DLEU,

(c) "municipal police department" were a reference to OCA-DLEU, and

(d) "municipal police board" were a reference to the board of OCA-DLEU.

 Part 3 heading BEFORE amended by BC Reg 299/2016, effective December 7, 2016.

Part 3 — OCA-DPU Operations

 Section 6 BEFORE amended by BC Reg 299/2016, effective December 7, 2016.

Police (Disposal of Property) Regulation

6   The provisions of the Police (Disposal of Property) Regulation, B.C. Reg. 87/91, apply to OCA-DPU as though each reference in B.C. Reg. 87/91 to

(a) "commissioner" were a reference to the chief officer of OCA-DPU, and

(b) "provincial police force" were a reference to OCA-DPU.

 Section 7 BEFORE amended by BC Reg 299/2016, effective December 7, 2016.

Emergency Program Management Regulation

7   The provisions of the Emergency Program Management Regulation, B.C. Reg. 477/94, apply to OCA-DPU as if each reference in B.C. Reg. 477/94 to "chief constable" were a reference to the chief officer of OCA-DPU.

 Section 8 BEFORE repealed by BC Regs 242/2011 and 247/2011, effective January 30, 2012.

 Rules Regarding Training, Certification and Registration of Municipal Constables Appointed under Section 26 of the Police Act

8  The provisions of the Rules Regarding Training, Certification and Registration of Municipal Constables Appointed under Section 26 of the Police Act, B.C. Reg. 109/81, apply to OCA-DPU as though each reference in B.C. Reg. 109/81 to

(a) "certified municipal constable" were a reference to a certified designated constable of OCA-DPU,

(b) "municipal constable" were a reference to a designated constable of OCA-DPU,

(c) "eligible certified municipal constable" were a reference to an eligible certified designated constable of OCA-DPU,

(d) "eligible qualified municipal constable" were a reference to an eligible qualified designated constable of OCA-DPU,

(e) "chief constable" were a reference to the chief officer of OCA-DPU,

(f) "qualified municipal constable" were a reference to a qualified designated constable of OCA-DPU,

(g) "deputy chief constable" were a reference to the deputy chief officer of OCA-DPU,

(h) "section 26 of the Police Act" were a reference to section 4.1 of the Police Act,

(i) "municipal force" were a reference to OCA-DPU, and

(j) "prospective municipal constable" were a reference to a prospective designated constable of OCA-DPU.

 Section 9 was enacted by BC Reg 299/2016, effective December 7, 2016.