Police Governance (Ministerial) Regulation

(no amdt) alberta regulation 174/2024 Police Act POLICE GOVERNANCE (MINISTERIAL) REGULATION Table of Contents 1 Definitions 2 Prescribed members of Provincial Police Advisory Board 3 Members of municipal policing committee 4 Members of regional policing committee 5 Joint municipal policing committees 6 Municipal policing committee instead of regional policing committee 7 Minister appointments to policing committees 8 Reporting to Minister 9 Expiry 10 Coming into force Definitions 1 In this Regulation, (a) “chief elected official” means the chief elected official as defined in section 1(1)(d) of the Municipal Government Act ; (b) “joint municipal policing committee” means a joint municipal policing committee established under section 28.03(2) of the Act; (c) “municipal policing committee” means a municipal policing committee established under section 28.03(1) or 28.04(2) of the Act; (d) “regional policing committee” means a regional policing committee established under section 28.04(1) of the Act. Prescribed members of Provincial Police Advisory Board 2 For the purpose of section 28.01(4)(c) of the Act, the following persons are prescribed members of the Provincial Police Advisory Board: (a) 2 additional representatives from one or more First Nations; (b) 2 representatives from the association of Rural Municipalities of Alberta; (c) 2 representatives from the association of Alberta Municipalities; (d) one representative located in any of the 4 Royal Canadian Mounted Police districts in Alberta who is not a member of the Royal Canadian Mounted Police; (e) any additional members, so long as the total number of members of the Provincial Police Advisory Board does not exceed 15 members. Members of municipal policing committee 3 (1) For the purpose of section 28.03(1) of the Act, a municipal policing committee shall consist of not fewer than 3 members and not more than 7 members appointed by the municipality’s council. (2) A member of a municipal policing committee shall not be a full‑time member of the municipal policing committee. (3) The term of office of a member appointed to a municipal policing committee is (a) 3 years, or (b) a term of less than 3 years, but not less than 2 years. (4) All members appointed to a municipal policing committee must pass an enhanced security check. (5) The appointment of a member to a municipal policing committee may not be revoked by the council except for cause. (6) If a person who is a member of a council is also appointed as a member of a municipal policing committee, that person’s appointment to the municipal policing committee terminates on that person’s ceasing to be a member of the council. (7) The members of a municipal policing committee shall, at the first meeting of the committee in each year, elect from among their members a chair and one or more vice‑chairs. (8) Subject to subsection (9), a member of a council who is also a member of a municipal policing committee is eligible to be elected as chair or a vice‑chair of the municipal policing committee. (9) A member who is a chief elected official is not eligible to be elected as chair or vice‑chair of the municipal policing committee. Members of regional policing committee 4 (1) For the purpose of section 28.04(1) of the Act, a regional policing committee shall consist of at least one representative member from each municipality and as many other members as the relevant councils of municipalities agree. (2) A member of a regional policing committee shall not be a full‑time member of the regional policing committee. (3) The term of office of a member appointed to a regional policing committee is (a) 3 years, or (b) a term of less than 3 years, but not less than 2 years. (4) All members appointed to a regional policing committee must pass an enhanced security check. (5) The appointment of a member to a regional policing committee may not be revoked by the council except for cause. (6) If a person who is a member of a council is also appointed as a member of a regional policing committee, that person’s appointment to the regional policing committee terminates on that person’s ceasing to be a member of the council. (7) The members of a regional policing committee shall, at the first meeting of the committee in each year, elect from among their members a chair and one or more vice‑chairs. (8) Subject to subsection (9), a member of a council who is also a member of a regional policing committee is eligible to be elected as chair or a vice‑chair of the regional policing committee. (9) A member who is a chief elected official is not eligible to be elected as chair or vice‑chair of the regional policing committee. Joint municipal policing committees 5 (1) For the purpose of section 28.03(2) of the Act, the Minister may approve the councils of 2 or more municipalities establishing a joint municipal policing committee consisting of not fewer than 3 members and not more than 7 members appointed by the relevant councils. (2) A member of a joint municipal policing committee shall not be a full‑time member of the joint municipal policing committee. (3) The term of office of a member appointed to a joint municipal policing committee is (a) 3 years, or (b) a term of less than 3 years, but not less than 2 years. (4) All members appointed to a joint municipal policing committee must pass an enhanced security check. (5) The appointment of a member to a joint municipal policing committee may not be revoked by the relevant council except for cause. (6) If a person who is a member of a council is also appointed as a member of a joint municipal policing committee, that person’s appointment to the joint municipal policing committee terminates on that person’s ceasing to be a member of the relevant council. (7) The members of a joint municipal policing committee shall, at the first meeting of the committee in each year, elect from among their members a chair and one or more vice‑chairs. (8) Subject to subsection (9), a member of a council who is also a member of a joint municipal policing committee is eligible to be elected as chair or a vice‑chair of the joint municipal policing committee. (9) A member who is a chief elected official is not eligible to be elected as chair or vice‑chair of the joint municipal policing committee. Municipal policing committee instead of regional policing committee 6 (1) For the purpose of section 28.04(2) of the Act, the Minister may approve the council of a municipality described in that section establishing a municipal policing committee, instead of a regional policing committee, consisting of not fewer than 3 members and not more than 7 members appointed by the council. (2) Section 3(2) to (9) apply to a municipal policing committee established under subsection (1). Minister appointments to policing committees 7 If a municipal policing committee, joint municipal policing committee or regional policing committee consists of (a) 3 members, the Minister may appoint one member to the committee, (b) 4 to 6 members, the Minister may appoint up to 2 members to the committee, or (c) 7 or more members, the Minister may appoint one member for each group of 3 members appointed to the committee, including any remaining group that is fewer than 3 members. Reporting to Minister 8 (1) For the purpose of this section, “municipal police commission” means a police commission established under section 28 of the Act. (2) All municipal police commissions shall report to the Minister any changes to the membership of the commission within 30 days of the change. Expiry 9 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present form following a review, this Regulation expires on April 1, 2030. Coming into force 10 This Regulation comes into force on the coming into force of sections 3(e), 16, 19, 46(a) and 47(b) of the Police Amendment Act, 2022 .