Police Amendment Act, SA 2022 c22
Amended
- The Police Act, RSA 2000 cP-17 1
- The Peace Officer Act, SA 2006 cP-3.5
- The Police Officers Collective Bargaining Act, RSA 2000 cP-18
Summary
Among other things, the Police Amendment Act mandates municipalities with populations over 15,000 who have police service agreements with the RCMP to create municipal policing committees.
With the approval of the Minister, two or more municipalities may establish a joint municipal policing committee in accordance with the regulations. However, if a municipality with a population of at least 5,000, but not more than 15,000 has the approval of the Minister, it may establish a municipal policing committee instead of a regional policing committee in accordance with the regulations.
Municipalities with populations over 15,000 who have police service agreements with the RCMP and are located within a prescribed regional governance zone must establish a regional policing committee in accordance with the regulations.
The Act establishes a Provincial Police Advisory Board (the “Board”) consisting of no more than 15 people. The Board must have at least one First Nation member and one Métis member. Members of the Board may serve a term of no more than three years, while the designated Chair of the Board may be appointed for a term of not more than five years.
The Act transfers the investigation of police disciplinary complaints from a police service to the newly-established Police Review Committee (the “PRC”).
The PRC, headed by its Chief Executive Officer (CEO), will receive all complaints regarding the conduct of all non-RCMP police officers in Alberta. The RCMP will retain its own complaint process unless, and to the extent that the RCMP agrees that the PRC may review complaints against RCMP members.
After receiving the complaint, the PRC will notify the complainant of its receipt of the complaint within two days and notify the relevant police service of the complaint.
Any police service, commission, municipal policing committee or regional policing committee which receives a complaint must forward the complaints to the PRC as soon as practicable, and in any event, within 30 days of the receipt of such complaint. Then the PRC will assess the complaint and classify all complaints into five categories.
- Level 1 complaints involve serious injuries, deaths, or matters which are of a serious or sensitive nature arising out of officers' actions. Level 1 complaints are administered by CEO of the PRC and investigated by a third party.
- Level 2 complaints allege an offence under a provincial or federal enactment, but do not meet the criteria of a Level 1 complaint. The complaint must be referred to the CEO of PRC, who will in turn notify the Minister of the complaint.
- Level 3 complaints allege an officer has contravened regulations governing police discipline, but do not meet the criteria of Levels 1 or 2 complaints. The PRC has the discretion to investigate Level 3 complaints itself or allow the police service to investigate. The CEO of the PRC may adhere to the one-year limitation period for Levels 2 and 3 complaints or extend the limitation period.
- Level 4 complaints allege unsatisfactory performance of police, but do not meet the criteria of Levels 1, 2 or 3 complaints. The chief of police of each police service will be responsible for investigating Level 4 complaints.
- Level 5 complaints are focused on policies of, or services provided by a police service. The chief of police of each police service will be responsible for investigating Level 5 complaints.
Within 30 days of receiving a complaint, the PRC must inform the complainant of the results of the assessment.
In Force: On proclamation (with exceptions)