Police Act

SPECIAL PROVINCIAL CONSTABLE COMPLAINT PROCEDURE REGULATION

Definitions

1 In this regulation:

"Act" means the Police Act;

"respondent" means a special provincial constable against whom a complaint is made under section 3;

"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.

Interpretation

2 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 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.

Complaints

3 (1) A person may make a complaint against a special provincial constable.

(2) The person may submit the complaint to

(a) the director, or

(b) the supervisor.

(3) The complaint must be in writing and include the following information:

(a) the complainant's full name;

(b) an address for delivery of any notices to the complainant under this regulation;

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

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

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

(4) If the complaint is submitted to the director under subsection (2), the director must promptly forward the complaint to the supervisor.

(5) If the complaint is submitted to the supervisor under subsection (2), the supervisor must promptly send a copy of the complaint to the director.

(6) On receiving the complaint, the supervisor must promptly provide the respondent with a copy of the complaint.

Investigation of complaints

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

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

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

(2) If a supervisor is unsuccessful in resolving a 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 a complaint is made in accordance with subsection (3), the supervisor must

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

(b) promptly notify the respondent and the director of the investigation.

Informal resolution

5 (1) A supervisor who receives a complaint under section 3 may attempt to informally resolve the complaint with the complainant and the respondent.

(2) A 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 a complaint at any time during an investigation into the complaint.

(4) If a 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 deliver a copy of that record to the complainant, the director and the respondent.

Frivolous or vexatious complaints

6 (1) A supervisor may refuse to investigate or further investigate a complaint against a respondent if the supervisor is satisfied that

(a) the complaint is frivolous or vexatious,

(b) the conduct complained of primarily affects a person other than the complainant and the complainant does not have sufficient personal interest in the subject matter of the complaint, or

(c) the complaint concerns an act or omission that, to the knowledge of the complainant, occurred more than 6 months before the complaint was made.

(2) If a supervisor refuses to investigate or to further investigate a complaint against a respondent under subsection (1),

(a) the supervisor must promptly deliver to the complainant, the respondent and the director written notice of the refusal, the reasons for the refusal and the recourse under this section that is available to the complainant, and

(b) the complainant may request a review by the director of the supervisor's decision.

(3) The request under subsection (2) (b) must be in writing and must be delivered to the supervisor within 10 days after the complainant receives the notice referred to in subsection (2) (a).

(4) On receiving the complainant's request under subsection (3), the supervisor must promptly notify the director and the respondent of the request.

(5) The supervisor must promptly deliver to the director a copy of the complainant's request for a review, particulars of the complaint and the supervisor's reasons for the refusal.

(6) On review of the material described in subsection (5), the director must

(a) confirm the supervisor's decision, or

(b) cause an investigation to be conducted into the complaint.

(7) The director must give written notice of his or her response under subsection (6) to the complainant, respondent and supervisor.

Notice of results of investigation

7 Not more than 7 days after completion of an investigation into a 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.

Disciplinary or corrective measures

8 (1) 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 counseling;

(f) written reprimand;

(g) verbal reprimand.

[Provisions of the Police Act, R.S.B.C. 1996, c. 367, relevant to the enactment of this regulation: section 74]

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada