Title BEFORE amended by BC Reg 299/2016, effective December 7, 2016.
SOUTH COAST BRITISH COLUMBIA TRANSPORTATION AUTHORITY POLICE SERVICE OPERATIONS REGULATION
Title BEFORE amended by BC Reg 229/2022, effective December 31, 2022.
South Coast British Columbia Transportation Authority Police Service Complaints and Operations Regulation
Definition of "SCBCTAPS" BEFORE amended by BC Reg 229/2022, effective December 31, 2022.
In this regulation, "SCBCTAPS" means the South Coast British Columbia Transportation Authority Police Service.Section 2 BEFORE amended by BC Reg 229/2023, effective December 31, 2022.
Police (Disposal of Property) Regulation
2 The provisions of the Police (Disposal of Property) Regulation, B. C. Reg. 87/91, apply to the SCBCTAPS as though each reference in that regulation to
(a) "commissioner" were a reference to the chief officer of the SCBCTAPS, and
(b) "provincial police force" were a reference to the SCBCTAPS.
[am. B.C. Reg. 257/2008, s. 1 (c).]
Section 4 BEFORE amended by BC Reg 60/2010, effective March 31, 2010.
Police Act, Part 9 — Complaint Procedure
4 (1) Subject to this section, the provisions of Part 9 of the Police Act [Complaint Procedure] apply to the SCBCTAPS as though each reference in that Part to
(a) "municipal constable" were a reference to a designated constable of the SCBCTAPS,
(b) "chief constable" were a reference to the chief officer of the SCBCTAPS,
(c) "deputy chief constable" were a reference to the deputy chief officer of the SCBCTAPS, and
(d) "municipal police department" were a reference to the SCBCTAPS.
(2) Paragraph (b) of the definition of "discipline authority" in section 46 of the Police Act does not apply to the SCBCTAPS and the following is substituted:
(b) in relation to a chief officer or a deputy chief officer,
(i) the board of the SCBCTAPS, or
(ii) a panel of one or more members of that board designated by the board for that purpose, or.
(3) The definition of "Code of Professional Conduct" in section 46 of the Police Act does not apply to the SCBCTAPS and the following is substituted:
"Code of Professional Conduct" means the code of professional conduct for the SCBCTAPS under section 5 of this regulation.
(4) For the purposes of this section, any reference in Part 9 of the Police Act to a board as an employer of enforcement officers is deemed to be a reference to a board as the body that appoints designated constables.
(4.1) In applying section 56.2 of the Police Act for the purposes of this section,
(a) "reassign or suspend" in section 56.2 (1) means attach conditions to or suspend the appointment of,
(b) "reassignment or suspension" in section 56.2 (1) (a) (i) means attaching conditions to or suspending the appointment,
(c) "at the discretion of the board" in section 56.2 (4) (b) means at the discretion of the entity that is the employer,
(d) "discontinue the pay and allowances" in section 56.2 (5) and (6) means recommend to the entity that is the employer the discontinuance of pay and allowances, and
(e) "discontinue pay and allowances" in section 56.2 (7) means recommend to the entity that is the employer the discontinuance of pay and allowances.
(5) In applying section 58 of the Police Act for the purposes of this section, "dismissal or reduction in rank" means revocation of appointment.
(6) For the purpose of applying section 65.3 of the Police Act, the service record of discipline may also be disclosed to the entity that employs the respondent.
[am. B.C. Regs. 12/2005, ss. (a) and (b); 257/2008, s. 1(c).]
Section 4 BEFORE re-enacted by BC Reg 299/2016, effective December 7, 2016.
Police Act, Part 9 — Complaint Procedure
4 (1) Subject to this section, the provisions of Part 11 of the Police Act apply to the SCBCTAPS as though each reference in that Part to
(a) "municipal constable" were a reference to a designated constable of the SCBCTAPS,
(b) "chief constable" were a reference to the chief officer of the SCBCTAPS,
(c) "deputy chief constable" were a reference to the deputy chief officer of the SCBCTAPS, and
(d) "municipal police department" were a reference to the SCBCTAPS.
(2) Paragraph (b) (i) of the definition of "discipline authority" in section 76 (1) of the Police Act does not apply to the SCBCTAPS and the following is substituted:
(i) the board of the SCBCTAPS or a panel of one or more members of that board designated by the board for that purpose,
(3) Repealed. [B.C. Reg. 60/2010, Sch. C, s. 1 (c).]
(4) For the purposes of this section, any reference in Part 11 of the Police Act to a board as an employer of enforcement officers is deemed to be a reference to a board as the body that appoints designated constables.
(4.1) In applying Part 11 of the Police Act for the purposes of this section,
(a) "reassign" and "transfer" mean attach conditions to the appointment of,
(b) "dismissal" and "reduction in rank" mean revocation of appointment,
(c) any reference in that Part, other than in sections 158 and 179 of that Act, to "suspend" means suspend the appointment of, and
(d) the references in section 110 (5) to (8) of that Act to "the board" are deemed to be references to "the designated constable's employer".
(5) In applying section 58 of the Police Act for the purposes of this section, "dismissal or reduction in rank" means revocation of appointment.
(5.1) Paragraphs (a) to (c) of section 126 (1) of the Police Act do not apply and the following are substituted:
(a) revoke the designated constable's appointment;
(c) suspend the designated constable's appointment; .
(6) For the purpose of applying section 128 of the Police Act, the service record of discipline may also be disclosed to the entity that employs the respondent.
[am. B.C. Regs. 12/2005, ss. (a) and (b); 257/2008, s. 1(c); 60/2010, Sch. C, s. 1.]
Section 4 BEFORE repealed by BC Reg 229/2022, effective December 31, 2022.
Police Act, Part 11 — Complaint Procedure
4 (1) Subject to this section, the provisions of Part 11 of the Police Act apply to the SCBCTAPS as though each reference in that Part to
(a) "member" were a reference to a designated constable, the deputy chief officer or the chief officer of the SCBCTAPS,
(b) "former member" were a reference to a designated constable, deputy chief officer or chief officer of the SCBCTAPS 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 SCBCTAPS,
(d) "chief constable" were a reference to the chief officer of the SCBCTAPS, and
(e) "municipal police department" were a reference to the SCBCTAPS.
(2) In applying Part 11 of the Police Act for the purposes of this section,
(a) the board of the SCBCTAPS is deemed to be the employer of each designated constable, the deputy chief officer and the chief officer of the SCBCTAPS, 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 SCBCTAPS.
(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 SCBCTAPS and the following is substituted:
(i) the chair of the board of the SCBCTAPS, 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 SCBCTAPS and has, since the time of that conduct, ceased to be a designated constable, deputy chief officer or chief officer of the SCBCTAPS, 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 SCBCTAPS.
(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 SCBCTAPS 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. 2, s. 2.]
Section 5 BEFORE repealed by BC Reg 60/2010, effective March 31, 2010.
Code of Professional Conduct Regulation
5 (1) Subject to subsections (2) and (3), the provisions of the Code of Professional Conduct Regulation, B.C. Reg. 205/98, apply to the SCBCTAPS as though each reference in that regulation to
(a) "police officer" were a reference to a designated constable of the SCBCTAPS,
(b) "chief constable" were a reference to the chief officer of the SCBCTAPS,
(c) "municipal police department" were a reference to the SCBCTAPS, and
(d) "municipal police board" were a reference to the board of the SCBCTAPS.
(2) Section 19 (1) of the Code of Professional Conduct Regulation does not apply to a designated constable and subsection (3) of this section is substituted.
(3) After finding that a disciplinary default has occurred, the discipline authority may impose one or more of the following disciplinary or corrective measures in relation to the designated constable concerned:
(a) revocation of appointment;
(b) suspension of appointment;
(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. Regs. 12/2005, ss. (c) and (d); 257/2008, s. 1 (c).]
Section 6 BEFORE amended by BC Reg 229/2023, effective December 31, 2022.
Police (Uniforms) Regulation
6 Despite section 2 of the Police (Uniforms) Regulation, B.C. Reg. 564/76, the provisions of that regulation apply to the SCBCTAPS as though each reference to
(a) "chief constable" were a reference to the chief officer of the SCBCTAPS, and
(b) "commission" were a reference to the board of the SCBCTAPS.
[am. B.C. Reg. 257/2008, s. 1 (c).]