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B.C. Reg. 46/2016
O.C. 125/2016
Deposited March 1, 2016
effective August 1, 2016
This consolidation is current to November 17, 2020.

Police Act

Special Municipal Constables Complaints Regulation

Contents
1Definition
2Application of Part 11 of Act
3References to "member" in Part 11 of Act
4References to "retired or resigned" in sections 76, 81 and 82 of Act
5References to "reassign", "transfer" and "powers as a municipal constable" in section 110 of Act
6References to "reduction in rank" in sections 119 (4), 120 (3) and 137 (1) of Act
7References to "reduction in rank", "transfer" and "reassign" in sections 126 (1) and 180 (7) and (8) of Act

Definition

1   In this regulation, "Act" means the Police Act.

Application of Part 11 of Act

2   (1) The provisions of Part 11 [Misconduct, Complaints, Investigations, Discipline and Proceedings] of the Act apply in relation to a special municipal constable as if the special municipal constable were

(a) a municipal constable employed with the municipal police department of the municipal police board that appointed the special municipal constable, and

(b) an employee of the municipal police board referred to in paragraph (a).

(2) In applying Part 11 of the Act for the purposes of this regulation, the rules set out in sections 3 to 7 of this regulation apply.

References to "member" in Part 11 of Act

3   The definition of "member" in section 76 (1) [definitions and interpretation] of the Act and, for certainty, each reference to "member" in Part 11 of the Act, is to be read as if that definition included a reference to "special municipal constable".

References to "retired or resigned" in sections 76, 81 and 82 of Act

4   (1) The definition of "former member" in section 76 (1) of the Act is to be read as if the reference to "but who after that time has retired or resigned and is no longer a member of any municipal police department" were a reference to "but who after that time is no longer a member of any municipal police department".

(2) Section 81 (c) (iii) [if complaint made directly to police complaint commissioner] of the Act is to be read as if the reference to "who has since the time of that conduct retired or resigned and is no longer a member of any municipal police department" were a reference to "who is no longer a member of any municipal police department".

(3) Section 82 (4) (b) [determination of whether complaint is admissible] of the Act is to be read as if the reference to "retires or resigns from the municipal police department" were a reference to "ceases to be a member of the municipal police department".

References to "reassign", "transfer" and "powers as a municipal constable" in section 110 of Act

5   (1) Section 110 (1) [member's reassignment or suspension pending investigation and hearing] of the Act is to be read as if the references to "reassign", "reassignment" and "transfer" were excluded.

(2) Section 110 (2) of the Act is to be read as if the reference to "powers as a municipal constable, chief constable or deputy chief constable" were a reference to "the powers of a municipal constable".

References to "reduction in rank" in sections 119 (4), 120 (3) and 137 (1) of Act

6   (1) Section 119 (4) (a) (i) and (ii) [member or former member may request permission to question witnesses at discipline proceeding] of the Act is to be read as if the references to "or a reduction in rank" were excluded.

(2) Sections 120 (3) (b) (i) [prehearing conference] and 137 (1) [circumstances when member or former member concerned is entitled to public hearing] of the Act are to be read as if the references to "or reduction in rank" were excluded.

References to "reduction in rank", "transfer" and "reassign" in sections 126 (1) and 180 (7) and (8) of Act

7   (1) Section 126 (1) [imposition of disciplinary or corrective measures in relation to members] of the Act is to be read as if paragraphs (b) and (d) of that section were excluded.

(2) Section 180 (7) [members' service records of discipline] of the Act is to be read as if the reference to "transfer and reassignment" were excluded.

(3) Section 180 (8) (b) (ii) of the Act is to be read as if the reference to "dismissal, reduction in rank, suspension or transfer or reassignment" were a reference to "dismissal or suspension".

(4) Section 180 (8) (c) (i) of the Act is to be read as if that subparagraph read as "consist of suspension, and".

[Provisions relevant to the enactment of this regulation: Police Act, R.S.B.C. 1996, c. 367, section 184]