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B.C. Reg. 229/2002
731/2002 and M252/2002
Deposited July 26, 2002
This consolidation is current to November 17, 2020.
Link to Point in Time

Police Act and Emergency Program Act

Organized Crime Agency of British Columbia
Complaints and Operations Regulation

[includes amendments up to B.C. Reg. 299/2016, December 7, 2016]

Contents
1Interpretation
Part 1 — OCA-DPU Complaint Procedure
2Police Act, Part 11 — Complaint Procedure — OCA-DPU
3Repealed
Part 2 — OCA-DLEU Complaint Procedure
4Police Act, Part 11 — Complaint Procedure — OCA-DLEU
5Repealed
Part 3 — Operations
6Police (Disposal of Property) Regulation
7Emergency Program Management Regulation
8Repealed
9Police (Uniforms) Regulation

Interpretation

1   In this regulation:

"OCA-DLEU" means the Organized Crime Agency of British Columbia in its capacity as a designated law enforcement unit;

"OCA-DPU" means the Organized Crime Agency of British Columbia in its capacity as a designated policing unit.

[am. B.C. Reg. 299/2016, Sch. 1, s. 1.]

Part 1 — OCA-DPU Complaint Procedure

Police Act, Part 11 — Complaint Procedure — OCA-DPU

2   (1) Subject to this section, the provisions of Part 11 of the Police Act[Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to the OCA-DPU as though each reference in Part 11 to

(a) "member" were a reference to a designated constable, the deputy chief officer or the chief officer of the OCA-DPU,

(b) "former member" were a reference to a designated constable, deputy chief officer or chief officer of the OCA-DPU 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 OCA-DPU,

(d) "chief constable" were a reference to the chief officer of the OCA-DPU, and

(e) "municipal police department" were a reference to the OCA-DPU.

(2) In applying Part 11 of the Police Act for the purposes of this section,

(a) the board of the OCA-DPU is deemed to be the employer of each designated constable, the deputy chief officer and the chief officer of the OCA-DPU, 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 OCA-DPU.

(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 OCA-DPU and the following is substituted:

(i) the chair of the board of the OCA-DPU, 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 OCA-DPU and has, since the time of that conduct, ceased to be a designated constable, deputy chief officer or chief officer of the OCA-DPU, 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 OCA-DPU.

(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 OCA-DPU 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. 1, s. 2.]

Repealed

3   Repealed. [B.C. Reg. 60/2010, Sch. B, s. 2.]

Part 2 — OCA-DLEU Complaint Procedure

Police Act, Part 11 — Complaint Procedure — OCA-DLEU

4   (1) Subject to this section, the provisions of Part 11 of the Police Act[Misconduct, Complaints, Investigations, Discipline and Proceedings] apply to the OCA-DLEU as though each reference in Part 11 to

(a) "member" were a reference to a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of the OCA-DLEU,

(b) "former member" were a reference to a designated law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU who is no longer a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of any designated law enforcement unit,

(c) "deputy chief constable" were a reference to the deputy chief enforcement officer of the OCA-DLEU,

(d) "chief constable" were a reference to the chief enforcement officer of the OCA-DLEU, and

(e) "municipal police department" were a reference to the OCA-DLEU.

(2) In applying Part 11 of the Police Act for the purposes of this section,

(a) the board of the OCA-DLEU is deemed to be the employer of each designated law enforcement officer, the deputy chief enforcement officer and the chief enforcement officer of the OCA-DLEU, 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 OCA-DLEU.

(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 OCA-DLEU and the following is substituted:

(i) the chair of the board of the OCA-DLEU, 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 law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU and has, since the time of that conduct, ceased to be a designated law enforcement officer, deputy chief enforcement officer or chief enforcement officer of the OCA-DLEU, 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 OCA-DLEU.

(6) Section 82 (4) (b) of the Police Act does not apply and the following is substituted:

(b) ceases to be a designated law enforcement officer, the deputy chief enforcement officer or the chief enforcement officer of the OCA-DLEU 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 law enforcement officer's appointment;

(b) suspend the designated law enforcement officer'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. 1, s. 3.]

Repealed

5   Repealed. [B.C. Reg. 60/2010, Sch. B, s. 2.]

Part 3 — Operations

Police (Disposal of Property) Regulation

6   The provisions of the Police (Disposal of Property) Regulation, B.C. Reg. 87/91, apply to the OCA-DPU as though each reference in B.C. Reg. 87/91 to

(a) "commissioner" were a reference to the chief officer of the OCA-DPU, and

(b) "provincial police force" were a reference to the OCA-DPU.

[am. B.C. Reg. 299/2016, Sch. 1, s. 4.]

Emergency Program Management Regulation

7   The provisions of the Emergency Program Management Regulation, B.C. Reg. 477/94, apply to the OCA-DPU as if each reference in B.C. Reg. 477/94 to "chief constable" were a reference to the chief officer of the OCA-DPU.

[am. B.C. Reg. 299/2016, Sch. 1, s. 4.]

Repealed

8   Repealed. [B.C. Regs. 242/2011 and 247/2011.]

Police (Uniforms) Regulation

9   Despite section 2 of the Police (Uniforms) Regulation, B.C. Reg. 564/76, the provisions of that regulation apply to the OCA-DPU and the OCA-DLEU as though each reference to

(a) "chief constable" were a reference to the chief officer of the OCA-DPU or the chief enforcement officer of the OCA-DLEU, as applicable, and

(b) "commission" were a reference to the board of the Organized Crime Agency of British Columbia.

[en. B.C. Reg. 299/2016, Sch. 1, s. 6.]

[Provisions relevant to the enactment of this regulation: Police Act, R.S.B.C. 1996, c. 367, sections 4.2, 10.1, 18.2 and 74; Emergency Program Act, R.S.B.C. 1996, c. 111, section 28 (2)]