Police Act

ENFORCEMENT OFFICER DISCIPLINE
AND CODE OF CONDUCT REGULATION

Interpretation

1 (1) In this regulation:

"Act" means the Police Act;

"apply" means apply, with the necessary changes and so far as it is applicable, to a designated law enforcement unit and the enforcement officers appointed to it;

"enforcement officer" includes a chief enforcement officer and a deputy chief enforcement officer;

"Part 9" means Part 9 of the Act.

(2) For the purposes of section 2 of this regulation, the definition of "Code of Professional Conduct" in section 46 of the Act does not apply and the following is substituted:

"Code of Professional Conduct" means the code of professional conduct for enforcement officers under section 9;

(3) For the purposes of section 2 of this regulation, paragraph (b) of the definition "discipline authority" in section 46 of the Act does not apply and the following is substituted:

(b) in relation to a chief enforcement officer or a deputy chief enforcement officer,

(i) the board established for the designated law enforcement unit to which the enforcement officer is attached, or

(ii) a panel of one or more members of that board designated by the board for that purpose, or

(4) For the purposes of section 2 of this regulation, a reference in Part 9 to

(a) "municipal constable" or "constable" means enforcement officer,

(b) "chief constable" means chief enforcement officer,

(c) "deputy chief constable" means deputy chief enforcement officer,

(d) "municipal police department" or "police department" means designated law enforcement unit, and

(e) "service record of discipline" means record of appointment.

(5) For the purposes of section 2 of this regulation, any reference in Part 9 to a board as an employer of enforcement officers is deemed to be a reference to a board as the body that appoints enforcement officers.

(6) In applying section 58 of the Act for the purposes of section 2, "dismissal or reduction in rank" means revocation of appointment.

Application of Part 9 of the Act

2 The provisions of Part 9 apply to designated law enforcement units and enforcement officers, other than the designated law enforcement unit and enforcement officers of the Organized Crime Agency of British Columbia, with the modifications set out in this regulation.

Modification to section 52.1 (2) of the Act

3 For the purpose of applying section 52.1 (1) of the Act, the consultation authorized by section 52.1 (2) of the Act is mandatory.

Modification to section 54.1 of the Act

4 For the purpose of applying section 54.1 of the Act, the discipline authority must consult with the police complaint commissioner before making the determination under section 54.1 (1) of the Act.

Modified section 55.1 of the Act —
external investigation of public trust complaints

5 (1) Section 55.1 of the Act does not apply and the following subsections are substituted.

(2) Unless the police complaint commissioner makes an order under subsection (3) the discipline authority must refer an investigation into a public trust complaint to a municipal police department or to the commissioner.

(3) If the police complaint commissioner considers that an internal investigation is sufficient to preserve public confidence in the complaint process, on application by a complainant or a respondent or on the police complaint commissioner's own motion, the police complaint commissioner may order an internal investigation into a public trust complaint about an enforcement officer other than a chief enforcement officer or a deputy chief enforcement officer.

(4) If an investigation is referred to the commissioner or to a municipal police department under subsection (2), the board that appointed the enforcement officer who is the subject of the complaint must reimburse the commissioner or the municipal police department for the costs of the investigation.

Modification to section 55.2 of the Act

6 For the purpose of applying section 55.2 of the Act, if the police complaint commissioner orders an internal investigation in accordance with section 5 (3) of this regulation, the chief enforcement officer of the designated law enforcement unit may appoint an enforcement officer to conduct an investigation into a public trust complaint.

Modification to section 65.3 of the Act

7 For the purpose of applying section 65.3 (2) of the Act, the service record of discipline may also be disclosed to the entity that employs the respondent.

Notice to the entity

8 Any notice, record, report or determination that must be provided under the following provisions of Part 9 must also be provided to the entity that employs the respondent:

(a) section 52.1 (3);

(b) section 54 (3), (6) (b) or (9);

(c) section 54.1 (14);

(d) section 54.2 (3) (b);

(e) section 56 (1);

(f) section 57 (1);

(g) section 57.1 (1) (a);

(h) section 58 (5) (a);

(i) section 59.1 (1) (b);

(j) section 63 (1), (2) or (3).

Code of Professional Conduct

9 (1) Subject to this section, the provisions of the Code of Professional Conduct Regulation, B.C. Reg. 205/98 apply as if each reference in B.C. Reg. 205/98 to

(a) "police officer" were a reference to an enforcement officer,

(b) "chief constable" were a reference to the chief enforcement officer of a designated law enforcement unit,

(c) "municipal police department" were a reference to a designated law enforcement unit, and

(d) "municipal police board" were a reference to the board appointed under section 18.1 of the Act for a designated law enforcement unit.

(2) Section 19 (1) of B.C. Reg. 205/98 does not apply with respect to an enforcement officer and the following subsection 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 enforcement officer 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 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