Definitions

1   In this regulation:

"Act" means the Police Act;

"admissible complaint" means a complaint that is determined to be admissible under

(a) section 3.1 [determination of whether complaint by member of public admissible], or

(b) section 3.3 (6) (b) [reconsideration of inadmissible complaint based on new information];

"complaint" means a complaint made under section 3 [procedure for complaint by member of public];

"conduct" means an act or omission;

"constabulary duty" in relation to a special provincial constable, means a power or duty referred to in section 9 (3) [special provincial constables] of the Act that the special provincial constable is authorized to exercise or required to perform;

"investigation" means an investigation under section 4 [investigation into admissible complaint];

"respondent" means a special provincial constable against whom a complaint is made;

"supervisor" means, in relation to a special provincial constable, the person designated by the employer of the special provincial constable to supervise that special provincial constable.

[am. B.C. Reg. 287/2021, s. 3.]

Interpretation

2   (1) Nothing in this regulation limits or prohibits, in any way,

(a) any person from informing Crown counsel of an allegation in a complaint that could constitute a criminal offence,

(b) a member of a police force described in section 1.1 [police forces in British Columbia] of the Act from investigating an allegation in a complaint that a criminal offence was or may have been committed, or

(c) Crown counsel from proceeding with criminal charges against a respondent.

(2) Nothing in this regulation limits or prohibits any disciplinary or other actions that may be taken by the employer of an employee who is a special provincial constable in respect of conduct that does not involve a constabulary duty of the special provincial constable.

[am. B.C. Reg. 287/2021, s. 4.]

Procedure for complaint by member of public

3   (1) A member of the public may make a complaint against a special provincial constable if the member of the public is directly affected by or directly witnesses conduct of the special provincial constable that is alleged to involve either of the following:

(a) the improper exercise or performance of a constabulary duty;

(b) neglect, without good or sufficient cause, to exercise or perform a constabulary duty.

(2) An individual who is known to and acting on behalf of a member of the public described in subsection (1) may make a complaint on behalf of the member of the public if the member of the public is incapable of giving consent, because of age or a mental or physical condition, to the complaint being made.

(3) A complaint must be submitted to the director or the supervisor, in writing, within 6 months after the occurrence of the conduct described in subsection (1).

(4) A complaint must include the following information:

(a) the complainant's full name;

(b) an address for sending notices to the complainant in relation to the complaint;

(c) the details of the complaint, including the respondent's name if known;

(d) a description of the conduct, in as much detail as possible;

(e) the names of any witnesses and their respective addresses, if known.

(5) If a complaint is submitted to the director, the director must promptly send a copy of the complaint to the supervisor.

(6) If a complaint is submitted to the supervisor, the supervisor must promptly send a copy of the complaint to the director.

(7) After receiving a complaint from the director or complainant, the supervisor must promptly send a copy of the complaint to the respondent.

[en. B.C. Reg. 287/2021, s. 6.]

Determination of whether complaint by member of public admissible

3.1   (1) After receiving a complaint, the director must determine whether the complaint is admissible or inadmissible.

(2) A complaint is admissible if all of the following requirements are met:

(a) the complainant is directly affected by or directly witnesses the conduct to which the complaint relates;

(b) the conduct to which the complaint relates involves a constabulary duty;

(c) the complaint

(i) is made within the time limit referred to in section 3 (3), or

(ii) is not made within the time limit referred to in section 3 (3) but the director considers that it is in the public interest to proceed with the complaint;

(d) the complaint includes the information required under section 3 (4);

(e) the complaint is not frivolous or vexatious.

[en. B.C. Reg. 287/2021, s. 7.]

Notice of determination respecting admissibility

3.2   (1) After determining whether a complaint is admissible or inadmissible, the director must promptly give written notice of the determination to the complainant and the supervisor.

(2) If the director determines that a complaint is inadmissible, the notice given under subsection (1) must include

(a) the director's reasons for the determination, and

(b) notice of the reconsideration process under section 3.3.

(3) After receiving the notice referred to in subsection (1), the supervisor must promptly send a copy of the notice, including, if applicable, the reasons and notice referred to in subsection (2), to the respondent.

[en. B.C. Reg. 287/2021, s. 7.]

Reconsideration of determination based on new information

3.3   (1) The director may, on request of the complainant, reconsider a determination that a complaint is inadmissible if the director is satisfied that new and relevant information has become available or been discovered.

(2) The request under subsection (1) must be in writing and must be given to the director within 30 days after the complainant receives the notice referred to in section 3.2 (1).

(3) The director may extend the time period for requesting a reconsideration if

(a) the director is satisfied that special circumstances existed that precluded the request from being made within the 30-day time period referred to in subsection (2), or

(b) the director otherwise considers it appropriate to grant an extension.

(4) After receiving a request under subsection (1), the director must promptly send a copy of the request to the supervisor.

(5) After receiving a copy of the request sent under subsection (4), the supervisor must promptly send a copy of the request to the respondent.

(6) After considering a request under subsection (1), the director may

(a) confirm the director's determination, or

(b) determine that the complaint is admissible.

[en. B.C. Reg. 287/2021, s. 7.]

Notice of director's decision on reconsideration

3.4   (1) After making a decision under section 3.3 (6), the director must promptly give written notice of the decision to the complainant and the supervisor.

(2) After receiving the notice given under subsection (1), the supervisor must promptly send a copy of the notice to the respondent.

[en. B.C. Reg. 287/2021, s. 7.]

Investigation into admissible complaint

4   (1) If a supervisor does not attempt to resolve an admissible complaint informally under section 5, the supervisor must

(a) cause an investigation to be conducted into that complaint, and

(b) promptly give notice of the investigation to the respondent and the director.

(2) If a supervisor is unsuccessful in resolving an admissible complaint informally under section 5, the complainant may request that an investigation in respect of the complaint be conducted.

(3) The request under subsection (2) must be in writing and must be made to the supervisor within 10 days after informal resolution has failed.

(4) If a request for an investigation into an admissible complaint is made in accordance with subsection (3), the supervisor must

(a) cause an investigation to be conducted into the complaint, and

(b) promptly give notice of the investigation to the respondent and the director.

[am. B.C. Reg. 287/2021, s. 8.]

Informal resolution of admissible complaint

5   (1) A supervisor may attempt to informally resolve an admissible complaint.

(2) An admissible complaint is resolved informally if a resolution of the complaint is proposed with which the complainant and respondent agree.

(3) Nothing in subsection (1) prevents informal resolution of an admissible complaint at any time during an investigation into the complaint.

(4) If an admissible complaint is resolved informally, the supervisor must

(a) make a record of the resolution or disposition and any disciplinary or corrective measures imposed, and

(b) promptly send a copy of that record to the complainant, the director and the respondent.

[am. B.C. Reg. 287/2021, s. 9.]

Repealed

6   Repealed. [B.C. Reg. 287/2021, s. 10.]

Notice of results of investigation

7   Not more than 7 days after completion of an investigation into an admissible complaint against a special provincial constable, the supervisor must give to the complainant, the director and the respondent a notice setting out

(a) a summary of the investigation and the results of the investigation, and

(b) any disciplinary or corrective measures intended to be taken by the supervisor under section 8, including any written submissions of the respondent's employer in response to the complaint and the investigation.

[am. B.C. Reg. 287/2021, s. 11.]

Disciplinary or corrective measures

8   After considering the results of the investigation, the supervisor may impose one or more of the following disciplinary or corrective measures in relation to the respondent concerned:

(a) dismissal;

(b) suspension without pay for not more than 5 scheduled working days;

(c) direction to work under close supervision;

(d) direction to undertake special training or retraining;

(e) direction to undertake professional counselling;

(f) written reprimand;

(g) verbal reprimand.

[am. B.C. Reg. 287/2021, s. 12.]