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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 970/96

Royal Newfoundland Constabulary Public Complaints Regulations
under the
Royal
Newfoundland Constabulary Act, 1992
(O.C. 96-245)

Amended by:

123/97
12/01
53/08

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 970/96

Royal Newfoundland Constabulary Public Complaints Regulations
under the
Royal Newfoundland Constabulary Act, 1992
(O.C. 96-245)

Under the authority of section 57 of the Royal Newfoundland Constabulary Act, 1992, and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Royal Newfoundland Constabulary Public Complaints Regulations .

100/93 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Royal Newfoundland Constabulary Act, 1992 ;

             (b)  "conduct" means acts or omissions of a police officer which, if substantiated, would constitute a breach of these regulations;

             (c)  "notice" means a notice of public complaints discipline proceedings described in section 10; and

             (d)  "reference" means a reference to an adjudicator as described in subsection 20(1).

100/93 s2; 12/94 s1

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Conduct

        3. (1) A police officer shall not conduct himself or herself in a manner unbecoming to a police officer and liable to bring discredit upon the Royal Newfoundland Constabulary, which shall include but not be limited to the following:

             (a)  without good and sufficient cause make an arrest or detain a person;

             (b)  use unnecessary force with a prisoner or other person contacted in the execution of duty;

             (c)  be discourteous to a member of the public;

             (d)  neglect or omit to promptly and diligently perform his or her duties as a police officer;

             (e)  fail to record or report promptly a complaint made to him or her;

              (f)  without proper authority, disclose, directly or indirectly to a person, information which he or she has acquired as a police officer;

             (g)  attempt to commit, aid, abet, counsel or procure another police officer to contravene these regulations;

             (h)  improperly use his or her character and position as a police officer for private advantage;

              (i)  obstruct a police officer or investigator either in the course of an investigation or in the carrying out of that person's duties under an Act;

              (j)  carry out his or her duties in a manner contrary to the Policy and Procedures Manual;

             (k)  wilfully or negligently make a false, misleading or inaccurate oral or written statement or entry in an official document or record, or otherwise pertaining to official duties;

              (l)  without lawful excuse destroy, mutilate or conceal an official document or record, or alter, erase or add to an entry in that document;

            (m)  place himself or herself under pecuniary or other obligation to a person in a manner that might affect the proper performance of his or her duties as a member of the Royal Newfoundland Constabulary;

             (n)  report for duty or be on duty while unfit for duty as a result of impairment by alcohol or a drug; or

             (o)  conduct himself or herself in a manner contrary to the Act.

             (2)  A police officer who violates the provisions of subsection (1) commits a breach of these regulations and is liable to the penalties set out in section 33 of the Act.

100/93 s3

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Complaints procedure

        4. A member of the public who wishes to file a complaint under section 22 of the Act shall make the complaint in writing in the form prescribed by the minister to the office of the commission or at any office of the Royal Newfoundland Constabulary.

53/08 s1

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Filing of complaint

      4.1 Complaints shall be filed in the form prescribed by the minister and a copy of the complaint shall

             (a)  be forwarded to and retained by the commissioner;

             (b)  be forwarded to and retained by the chief;

             (c)  be forwarded to the chief and, subject to section 23 of the Act, and where a complaint concerns the conduct of an officer, a copy of the complaint shall be forwarded to the officer whose conduct is the subject of the complaint, and

             (d)  be given to the complainant.

53/08 s2

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Information provided

        5. The complainant shall, at the time of making the complaint, be provided with a copy of the form prescribed by the minister regarding public complaints procedures and the rights of persons making a complaint.

123/97 s3; 53/08 s3

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Complaint withdrawal

        6. The complainant may at any stage of the proceedings withdraw his or her complaint by completing the form prescribed by the minister for withdrawal of complaints and filing it at the office of the commission.

100/93 s7; 123.97 s4; 53/08 s4

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Investigation of complaint

        7. The chief or the officer appointed to investigate a complaint under subsection 24(4) of the Act shall

             (a)  conduct the investigation in an objective and neutral manner consistent with recognized investigative procedures;

             (b)  impartially and diligently gather evidence with a view to bringing the investigation to a conclusion;

             (c)  upon completion of the investigation prepare and submit to the chief a final report which sets out the subject matter of the investigation, all relevant findings and conclusions and the statements obtained shall be appended to that final report; and

             (d)  where a criminal investigation is being conducted or a prosecution is commenced under any Act of Canada or the province in relation to the subject matter of the complaint the 3 month period for completing the investigation under subsection 24(3) of the Act shall also be suspended pending the conclusion of the investigation or proceeding whichever is the later.

100/93 s8

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Conflict of interest

        8. A police officer shall not investigate a complaint where that officer may be in a conflict of interest with respect to the subject matter of that complaint.

100/93 s9

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Procedure on resolution

        9. Where the complaint is resolved in accordance with paragraph 25(1)(a) of the Act a record of informal resolution of the complaint in the form prescribed by the minister shall be completed and signed by the complainant and the police officer.

100/93 s10; 123/97 s5; 53/08 s5

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Notice to police officer

      10. (1) Where the chief does not dispose of the complaint under paragraph 25(1)(a) or (b) of the Act, he or she shall cause to be served upon the police officer whose conduct was investigated a notice of public complaint discipline proceedings in the form prescribed by the minister, which shall set out

             (a)  the alleged conduct of the police officer forming the basis of the complaint; and

             (b)  the date, time and place the officer is to appear before the chief.

             (2)  A separate notice shall not be required for each allegation forming the basis of the complaint.

100/93 s11; 123/97 s5; 53/08 s6

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Timing of notice

      11. A notice shall not be issued more than 30 days after the final report referred to in subsection 24(3) of the Act has been received by the chief or deputy chief.

100/93 s12

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Guilty plea

      12. Where a notice has been served upon a police officer and the police officer pleads guilty before the chief, he or she may immediately be convicted by the chief who may impose any of the penalties specified in section 33 of the Act.

100/93 s13

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Chief may make order

      13. Where a notice is issued against a police officer and is not disposed of under section 12, the chief, on the basis of the investigation report prepared under paragraph 7(c) and considering information received under section 15, may make an order or recommendation in relation to that police officer that could have been made by an adjudicator under paragraph 33(1)(b) or subsection 33(2) of the Act.

100/93 s14

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Suspension

      14. The chief at his or her discretion may suspend with or without pay a police officer in respect of whose conduct a complaint has been received and

             (a)  a notice has been issued; or

             (b)  a criminal investigation has commenced,

until that time as the matter has been dealt with and the notice of suspension shall be in the form prescribed by the minister.

100/93 s15; 123.97 s7; 53/08 s7

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Opportunity to respond

      15. The chief or deputy chief in exercising the authority conferred under subsection 25(1) of the Act shall afford the complainant and the police officer an opportunity to speak to the subject matter of the complaint.

100/93 s16

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Prohibitions

      16. A police officer who is suspended from the Royal Newfoundland Constabulary shall not

             (a)  exercise a power or authority vested in him or her as a police officer; or

             (b)  wear or use an article of uniform or equipment issued to him or her or under his or her control.

100/93 s17

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Attendance in uniform

      17. Notwithstanding section 16, police officers shall attend all hearings in uniform unless the chief otherwise directs.

100/93 s18

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Appeal

      18. Where an appeal is made under section 25 of the Act, the appellant shall complete a notice of appeal in the form prescribed by the minister and file that form with the commission.

100/93 s19; 123/97 s8; 53/08 s8

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Investigations

      19. The provisions of paragraphs 7(a), (b) and (c) shall apply, with the necessary changes, to an investigation performed under subsection 26(2) of the Act, and the final report shall be submitted to the commissioner.

100/93 s20

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Hearings before adjudicators

      20. (1) Where an appeal is not disposed of in accordance with the provisions of subsection 26(3) of the Act, or where either of section 28(2) or (3) of the Act apply, the commissioner shall forward a reference to the chief adjudicator in the form prescribed by the minister and any notice of appeal filed with him or her to the chief adjudicator who shall set a date, time and place of hearing and notify the parties in accordance with subsection 30(2) of the Act in the form prescribed by the minister.

             (2)  The notice of hearing shall be served upon the parties not less than 10 days before the hearing.

             (3)  A copy of the form referred to in subsection (1) forwarded to the chief adjudicators shall be served upon the parties to the hearings before the hearing.

             (4)  A separate form shall not be required for each allegation forming the basis of the complaint.

53/08 s9

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Procedure at hearing

      21. (1) A police officer who is the subject of a complaint is not compelled to testify at a hearing before an adjudicator but he or she may give evidence under oath.

             (2)  Upon the request of the police officer against whom a complaint has been made, the commissioner or his or her representative shall provide a list of the witnesses to be called in relation to the subject matter of the hearing and a summary of the facts each witness is expected to relate at the hearing.

             (3)  Upon the request of the commissioner the police officer or his or her representative shall provide a list of witnesses to be called on behalf of that police officer and a summary of the facts each witness is expected to relate at the hearing.

100/93 s22; 12/94 ss4&5

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Record of hearing

      22. The hearing before an adjudicator shall be recorded by electronic means and the record shall not be destroyed until 3 months after

             (a)  the appeal period has expired, and no appeal has commenced; or

             (b)  an appeal has been finally disposed of.

100/93 s23

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Powers of adjudicator

      23. (1) At the commencement of the hearing the adjudicator shall determine whether there are objections and where an objection relates to the reference, the adjudicator shall have the power to amend the reference and the proceeding may be adjourned to enable the police officer sufficient time to prepare his or her answer to the amended reference.

             (2)  The adjudicator shall read from the reference the alleged conduct of the police officer forming the basis of the complaint to that police officer and shall inquire whether each allegation is admitted or denied.

             (3)  Where there is no response to the inquiry made under subsection (1) the police officer shall be considered to have denied the allegation.

             (4)  The adjudicator shall record the response given by the police officer, or the lack of a response, on the reference.

             (5)  Where a police officer admits an allegation, the adjudicator shall find that the complaint is substantiated and the adjudicator shall give the commissioner and the police officer or their representatives an opportunity to

             (a)  present the facts of the allegation which the police officer admitted; and

             (b)  make submissions concerning the penalty to be imposed.

             (6)  Technical errors as to form, failure to file or give notice on time and other procedural errors of a minor nature do not go to the jurisdiction of an adjudicator unless the error will, in the opinion of the adjudicator, prejudice a fair determination of the issues at the public hearing.

53/08 s10

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Denial of allegation

      24. Where a police officer denies the allegation contained in the notice or reference, the adjudicator shall proceed with the discipline hearing.

100/93 s25; 12/94 s7

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Facts admitted

      25. If the commissioner and the police officer or their representatives consent, the adjudicator may permit certain facts to be admitted in evidence without proof of those facts.

100/93 s26

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Complaint dismissed

      26. Where at the conclusion of the evidence submitted by the commissioner the adjudicator determines that a case has not been made out, the adjudicator shall dismiss the complaint.

100/93 s27

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Officer may call evidence

      27. Where at the conclusion of the evidence submitted by the commissioner the adjudicator determines that a case has been made out, the adjudicator shall provide the police officer with an opportunity to call evidence.

100/93 s28

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Finding of arbitrator

      28. (1) Upon the conclusion of the respective presentations of evidence the commissioner and the police officer shall be permitted to make submissions to the adjudicator.

             (2)  Upon the conclusion of the presentation of the evidence and the making of submissions the adjudicator shall find whether the complaint has or has not been substantiated and shall prepare a written decision which shall be served upon all of the parties within 3 months from the date of the conclusion of the proceeding, unless the adjudicator indicates to the parties reasons for requiring an extension of time and the parties to the proceeding consent.

100/93 s29

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Officer's record

      29. (1) No record of complaints which have been dismissed shall appear on the police officer's record of discipline or personnel record.

             (2)  The adjudicator shall, where he or she finds that a complaint has been substantiated, make an order or a recommendation in the case of a commissioned officer, in accordance with section 33 of the Act and may, prior to making the order or recommendation have access to the police officer's personnel record.

100/93 s30

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Adjournment

      30. (1) The adjudicator may adjourn the hearing from time to time and may also adjourn at the close of submissions before rendering his or her decision.

             (2)  All adjournments shall be to a date certain and postponements may be dealt with by written acknowledgement of all the parties, in which case it shall not be necessary to convene the hearing for the purpose of postponing the matter and there shall be no loss of jurisdiction of the adjudicator over the matter.

100/93 s31

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Public notice

      31. The commissioner shall provide the public with notice of hearings conducted by an adjudicator which notice shall be in the form prescribed by the minister and shall be published in the Gazette no less than one week prior to the proposed date for the hearing.

100/93 s32; 12/94 s8; 123/97 s10; 53/08 s11

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Repeal

      32. The Royal Newfoundland Constabulary Public Complaints Regulations, Newfoundland Regulation 100/93, are repealed.

Schedule

Rep. by 53/08 s12

53/08 s12