Police Act General Regulations

c t POLICE ACT GENERAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to April 17, 2021. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Police Act General Regulations Section 1 c POLICE ACT Chapter P-11.1 GENERAL REGULATIONS Pursuant to section 58 of the Police Act R.S.P.E.I. 1988, Cap. P-11.1, Council made the following regulations: 1. Definitions In these regulations (a) “Act” means the Police Act R.S.P.E.I. 1988, Cap. P-11.1; (b) “approved police training agency” means a police training agency that is declared by the Minister under section 16 to be an approved police training agency; (c) “police agency” means (i) a police department, (ii) the Atlantic Police Academy, (iii) the Security Services Division of the University of Prince Edward Island, (iv) where an agreement entered into under subsection 8(1) of the Act is in force, the Royal Canadian Mounted Police, and (v) in respect of a chief officer or police officer appointed under section 14.4 of the Act, the Government of Prince Edward Island. (EC141/10; 236/19) NOTICE TO MINISTER 1.1 Notice of intent to establish or contract (1) For the purposes of section 9.1 of the Act, a council that intends to apply to the Minister to establish a police department for a municipality or to contract for policing services in the municipality shall, as part of its application, provide the following information in writing to the Minister not less than 24 months prior to the establishment or effective date of the contract, as the case may be: (a) the date on which policing services are to commence; (b) the name of the police service that is being contracted to provide policing services in the municipality, if applicable; (c) a detailed description and operational plan of the policing services that will be provided by the police department to be established by the municipality or the c t Current to: April 17, 2021 Page 3 Section 2 Police Act General Regulations police service that is being contracted to provide policing services, as the case may be. Notice of intent to dissolve or terminate (2) For the purposes of section 9.2 of the Act, a council that intends to dissolve its police department or terminate a contract for policing services shall provide written notice to the Minister not less than 24 months prior to the dissolution of the police department or termination of the contract, as the case may be. (EC236/19) ANNUAL REPORTS 2. Annual reports - chief officers The chief officer of a police department shall include the following documents and information in any annual report that the chief officer submits to the Minister under subsection 10(7) of the Act: (a) a copy of every bylaw made, during the preceding calendar year, by the council of the municipality respecting the administration of the police department; (b) a copy of the register, as it reads on the expiry of the preceding calendar year, that is required to be kept under subsection 10(6) of the Act, or a copy of any changes made to the register during the preceding calendar year; (c) a report stating the number of public complaints received under subsection 21(1) of the Act and the disposition, if any, of these complaints; (d) any information pertaining to the police department that the Attorney General is required to make available to the public annually pursuant to subsection 25.3(1), subsection 83.31(1), subsection 195(5) or any other provision of the Criminal Code (Canada); (e) a report (i) listing and describing the training that was offered to the police officers of the police department during the preceding calendar year, (ii) listing the names of the police officers who took such training; (f) a report (i) advising as to the use of force model adopted by the police department during the preceding calendar year, (ii) stating the number of occasions on which a member of the police department has failed to comply with that use of force model during the preceding calendar year, and describing the details of each such occasion, and (iii) advising of any changes in policy or practice that were made during the preceding calendar year by the police department as a result of any failure referred to in subclause (ii); (g) an organizational chart of the police department; (h) any other information respecting any aspect of the affairs and operations of the police department during the preceding calendar year that the Minister has requested. (EC141/10) Page 4 Current to: April 17, 2021 t c Police Act General Regulations Section 3 2.1 Annual reports - chief officer under section 14.4 A chief officer appointed under subsection 14.4(2) of the Act shall include the following documents and information in the annual report to be submitted to the Minister: (a) a report (i) listing and describing the training that was offered to the police officers during the preceding calendar year, and (ii) listing the names of the police officers who took the training; (b) a report (i) identifying the use of force model adopted or used by the chief officer and police officers during the preceding calendar year, (ii) stating the number of occasions on which the chief officer or a police officer failed to comply with the use of force model during the preceding calendar year and setting out the details of each occasion, and (iii) notifying the Minister of any changes in policy or practice that were made during the preceding calendar year as a result of any failure referred to in subclause (ii); (c) any other information respecting any aspect of the affairs and operations under the chief officer’s authority during the preceding calendar year that the Minister has requested. (EC236/19) 3. Annual reports -Director of the Atlantic Police Academy The Director of the Atlantic Police Academy shall include the following documents and information in any annual report the Director submits to the Minister under subsection 52(2) of the Act: (a) a copy of the register required to be kept under subsection 52(1) of the Act, as it reads on the expiry of the preceding calendar year, or a copy of any changes made to the register during the preceding calendar year; (b) a report stating the number of public complaints received under subsection 21(1) of the Act and the disposition, if any, of these complaints; (c) a report (i) listing and describing the training that was offered to the instructing officers of the Atlantic Police Academy during the preceding calendar year, (ii) listing the names of the instructing officers who took such training; (d) a report (i) advising as to the use of force model adopted by the Atlantic Police Academy during the preceding calendar year, (ii) stating the number of occasions on which an instructing officer has failed to comply with that use of force model during the preceding calendar year, and describing the details of each such occasion, and (iii) advising of any changes in policy or practice that were made during the preceding calendar year by the Atlantic Police Academy as a result of any failure referred to in subclause (ii); (e) an organizational chart of the Atlantic Police Academy; (f) any other information respecting any aspect of the affairs and operations of the Atlantic Police Academy during the preceding calendar year that the Minister has requested. (EC141/10) c t Current to: April 17, 2021 Page 5 Section 4 Police Act General Regulations 4. Annual Report, Security Services Division of UPEI The person responsible for the management and supervision of the Security Services Division of the University of Prince Edward Island shall, within three months after the end of each calendar year, file with the Minister an annual report for the preceding calendar year, including the following documents and information: (a) a report (i) listing and describing the training that was offered to the security police officers of the University of Prince Edward Island during the preceding calendar year, (ii) listing the names of the security police officers who took such training; (b) a report (i) advising as to the use of force model adopted by the Security Services Division of the University of Prince Edward Island during the preceding calendar year, (ii) stating the number of occasions on which a security police officer has failed to comply with that use of force model during the preceding calendar year, and describing the details of each such occasion, and (iii) advising of any changes in policy or practice that were made during the preceding calendar year by the Security Services Division of the University of Prince Edward Island as a result of any failure referred to in subclause (ii); (c) an organizational chart of the Security Services Division of the University of Prince Edward Island; (d) a list of security police officers whose employment terminated during the preceding calendar year; and (e) any other information respecting any aspect of the affairs and operations of the Security Services Division of the University of Prince Edward Island during the preceding calendar year that the Minister has requested. (EC141/10) IDENTIFICATION CARDS 5. Identification card (1) An identification card issued under subsection 10(3) of the Act to a person who is a member of a police department shall include (a) the person’s full name and date of birth; (b) a statement or wording indicating that the person is a police officer; (c) the person’s service number; (d) the name of the police department of which the person is a member; (e) a photograph of the person; and (f) the expiry date of the identification card. Section 14.4 officers (1.1) An identification card issued under subsection 14.4(6) of the Act to a conservation officer who is appointed as a police officer under subsection 14.4(1) of the Act or the Chief Conservation Officer appointed as chief officer under subsection 14.4(2) of the Act shall include (a) the person’s full name and date of birth; Page 6 Current to: April 17, 2021 t c Police Act General Regulations Section 6 (b) a statement or wording indicating that the person is a police officer; (c) the name of the Department of the Government of Prince Edward Island by which the person is employed; (d) a photograph of the person; and (e) the expiry date of the identification card. Auxiliary constables (2) An identification card issued under subsection 45(6) of the Act for a person who is an auxiliary constable shall include (a) the person’s full name and date of birth; (b) a statement or wording indicating that the person is an auxiliary constable; (c) the name of the police service the person has been appointed to assist; (d) a photograph of the person; and (e) the expiry date of the identification card. Security police officers (3) An identification card issued under subsection 46(6) of the Act for a person who is a security police officer shall include (a) the person’s full name and date of birth; (b) a statement or wording indicating that the person is a security police officer; (c) the person’s service number; (d) the name of the employer of the person; (e) a photograph of the person; and (f) the expiry date of the identification card. Atlantic Police Academy (4) An identification card issued under subsection 48(5), 50(6), or 51(6) of the Act for a person who is an instructing officer, a police cadet or a civilian instructor of the Atlantic Police Academy, as the case may be, shall include (a) the person’s full name and date of birth; (b) a statement or wording indicating that the person is an instructing officer, a police cadet or a civilian instructor of the Atlantic Police Academy, as the case may be; (c) the person’s service number; (d) a photograph of the person; and (e) the expiry date of the identification card. (EC141/10; 708/10; 236/19) QUALIFICATIONS AND RESTRICTIONS 6. Commissioner and Deputy Commissioner A person shall, in order to qualify for appointment under section 16 of the Act as the Police Commissioner and the Deputy Police Commissioner, (a) be a lawyer with at least 10 years experience who (i) has knowledge of law enforcement issues, and (ii) has experience participating in hearings; or c t Current to: April 17, 2021 Page 7 Section 7 Police Act General Regulations (b) be a former judge of the Provincial Court, Supreme Court or Court of Appeal. (EC141/10) 6.1 Adjudicator A person shall, in order to qualify for appointment under section 19.1 of the Act as the Adjudicator, (a) be a lawyer with at least 10 years of experience who (i) has knowledge of law enforcement issues, and (ii) has experience in adjudicating hearings; or (b) be a former judge of the Provincial Court, Supreme Court or Court of Appeal. (EC236/19) 7. Chief officers and deputies of police departments (1) A person shall, in order to qualify for an appointment under subsection 9(2) of the Act, in a permanent capacity, as a chief officer or deputy chief officer of a police department, (a) have the qualifications set out in clauses 8(1)(a) to (e) and (f) to (h); (a.1) have the security clearance required by the Minister; (b) have successfully completed the Senior Police Administration Course or the Executive Development Course offered by the Canadian Police College, the Senior Police Management Course offered by the Atlantic Police Academy, or an equivalent police management course offered at an approved police training agency; and (c) have at least five years of policing experience. Director of Atlantic Police Academy (2) A person shall, in order to qualify for an appointment under section 47 of the Act, for appointment as the Director of the Atlantic Police Academy, have the qualifications set out in subsection (1). (EC141/10; 269/21) 8. Police officers (1) A person shall, in order to qualify for appointment under section 10 of the Act, in a permanent or temporary capacity, as a police officer of a police department, (a) be at least 19 years of age; (b) be a Canadian citizen or have Canadian landed immigrant status; (c) have graduated from the police cadet training program at the Atlantic Police Academy or from a similar program at an approved police training agency; (d) revoked by EC236/19; (e) not have been found guilty of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada), or if found guilty, shall have received a pardon; (e.1) have the security clearance required by the chief officer of the police department; (f) possess a valid class 5 driver’s license issued under the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5, or a valid and subsisting driver’s license of an equivalent class issued to the person under the applicable law of another province, territory, state or country that has not been suspended pursuant to that applicable law; (g) be physically and mentally able to perform the duties of a police officer, having regard to his or her own safety and the safety of members of the public; and Page 8 Current to: April 17, 2021 t c Police Act General Regulations Section 9 (h) be of good moral character. Exception, permanent or temporary appointment (2) Notwithstanding that a person does not have the qualification required by clause (1)(c), the person may be appointed by the chief officer of a police department under section 10 of the Act, in a permanent or temporary capacity, as a police officer of the police department, if the chief officer believes that the person has a minimum of three years of satisfactory full-time service as a member of any police service in Canada. Exception, temporary appointment (3) Notwithstanding that a person does not have the qualification required by clause (1)(c), the person may be appointed under section 10 of the Act, in a temporary capacity, as a police officer of a police department, if the person (a) is a police cadet; and (b) has completed all of the required courses of the police cadet training program at the Atlantic Police Academy. (EC141/10; 236/19; 269/21) 8.1 Section 14.4 officers A person shall, in order to qualify for appointment as a police officer under subsection 14.4(1) of the Act or a chief officer under subsection 14.4(2) of the Act, in addition to the requirements set out in clauses 14.4(1)(a) and 14.4(2)(a) of the Act respectively, (a) be at least 19 years of age; (b) be a Canadian citizen or have Canadian landed immigrant status; (c) not have been found guilty of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) or, if found guilty, have received a pardon; (d) possess a valid class 5 driver’s license issued under the Highway Traffic Act or a valid and subsisting driver’s license of an equivalent class issued to the person under the applicable law of another province, territory, state or country that has not been suspended pursuant to that applicable law; (d.1) have the security clearance required by the Minister; (e) be physically and mentally able to perform the duties of a police officer, having regard to his or her own safety and the safety of members of the public; and (f) be of good moral character. (EC236/19; 269/21) 9. Investigator A person shall, in order to qualify for employment or hiring under section 17 of the Act as an investigator, (a) have all the qualifications set out in clauses 8(1)(a) to (e) and (f) to (h); (a.1) have the security clearance required by the Minister; and (b) have at least five years of policing experience. (EC141/10; 269/21) 10. Auxiliary constables (1) Subject to subsection (2), a person shall, in order to qualify for appointment under section 45 of the Act as an auxiliary constable, have all of the qualifications set out in clauses 8(1)(a) and (b) and (d) to (h). c t Current to: April 17, 2021 Page 9 Section 11 Police Act General Regulations Restrictions, auxiliary constables (2) An auxiliary constable shall not (a) carry a firearm; (b) carry a prohibited or restricted weapon or device as defined in section 84 of the Criminal Code (Canada), unless he or she has successfully completed the prescribed training in the use of that weapon or device; or (c) identify himself or herself as a police officer. (EC141/10) 11. Security police officers A person shall, in order to qualify for appointment under clause 46(3)(a) of the Act as a security police officer, (a) have all the qualifications set out in clauses 8(1)(a) to (e) and (f) to (h); (a.1) have the security clearance required by the Minister; and (b) be employed by the Security Services Division of the University of Prince Edward Island. (EC141/10; 269/21) 12. Instructing officer A person shall, in order to qualify for appointment under section 48 of the Act as an instructing officer, (a) have all the qualifications set out in clauses 8(1)(a) to (e) and (f) to (h); and (b) have the security clearance required by the Director of the Atlantic Police Academy. (EC141/10; 269/21) 13. Police cadets A person shall, in order to qualify for appointment under section 50 of the Act as a police cadet, (a) have all the qualifications set out in clauses 8(1)(a), (b), (e) and (f) to (h); and (b) have the security clearance required by the Director of the Atlantic Police Academy. (EC141/10; 269/21) 14. Civilian instructor A person shall, in order to qualify for appointment under section 51 of the Act as a civilian instructor, (a) have all of the qualifications set out in clauses 8(1)(a), (b), (e) and (f) to (h); and (b) have the security clearance required by the Director of the Atlantic Police Academy. (EC141/10; 269/21) OATH OR AFFIRMATION OF OFFICE 15. Oath or affirmation of office Any oath or affirmation of office required under a provision of the Act shall be sworn before a Commissioner of Oaths and shall include the following statement: I,………………………………….., born………………………….. (date), having been appointed as a ……………………….. (chief officer, police officer, security police officer, Page 10 Current to: April 17, 2021 t c Police Act General Regulations Section 16 auxiliary constable, director, instructing officer, police cadet, or civilian instructor) of the ……………………………… (name of police service or agency) do solemnly swear/affirm (select one) that I will diligently, faithfully, and impartially perform all the duties of my appointment according to law and I will not, except in the discharge of my duties, disclose to any person any matter of evidence that may come to my notice during this appointment, so help me God/I so affirm (select one). (EC141/10) APPROVED TRAINING AGENCIES 16. Approved police training agency The Minister may declare a police training agency to be an approved police training agency for the purposes of these regulations if the Minister is satisfied it is in the public interest to do so. (EC141/10) c t Current to: April 17, 2021 Page 11