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| B.C. Reg. 484/2004 1059/2004 |
Deposited November 1, 2004 |
| This archived regulation consolidation is current to August 5, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Police Act, Emergency Program Act
[includes amendments up to B.C. Reg. 12/2005, January 14, 2005]
1 In this regulation, "GVTAPS" means the Greater Vancouver Transportation Authority Police Service.
2 The provisions of the Police (Disposal of Property) Regulation, B. C. Reg. 87/91, apply to the GVTAPS as though each reference in that regulation to
(a) "commissioner" were a reference to the chief officer of the GVTAPS, and
(b) "provincial police force" were a reference to the GVTAPS.
3 The provisions of the Emergency Program Management Regulation, B.C. Reg. 477/94, apply to the GVTAPS as though each reference in that regulation to "chief constable" were a reference to the chief officer of the GVTAPS.
4 (1) Subject to this section, the provisions of Part 9 of the Police Act [Complaint Procedure] apply to the GVTAPS as though each reference in that Part to
(a) "municipal constable" were a reference to a designated constable of the GVTAPS,
(b) "chief constable" were a reference to the chief officer of the GVTAPS,
(c) "deputy chief constable" were a reference to the deputy chief officer of the GVTAPS, and
(d) "municipal police department" were a reference to the GVTAPS.
(2) Paragraph (b) of the definition of "discipline authority" in section 46 of the Police Act does not apply to the GVTAPS and the following is substituted:
(b) in relation to a chief officer or a deputy chief officer,
(i) the board of the GVTAPS, 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 GVTAPS and the following is substituted:
"Code of Professional Conduct" means the code of professional conduct for the GVTAPS 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. Reg. 12/2005, ss. (a) and (b).]
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 GVTAPS as though each reference in that regulation to
(a) "police officer" were a reference to a designated constable of the GVTAPS,
(b) "chief constable" were a reference to the chief officer of the GVTAPS,
(c) "municipal police department" were a reference to the GVTAPS, and
(d) "municipal police board" were a reference to the board of the GVTAPS.
(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. Reg. 12/2005, ss. (c) and (d).]
6 Despite section 2 of the Police (Uniforms) Regulation, B.C. Reg. 564/76, the provisions of that regulation apply to the GVTAPS as though each reference to
(a) "chief constable" were a reference to the chief officer of the GVTAPS, and
(b) "commission" were a reference to the board of the GVTAPS.
[Provisions relevant to the enactment of this regulation: Police Act, R.S.B.C. 1996, c. 367, section 74 ; Emergency Program Act, R.S.B.C. 1996, c. 111, section 28]
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