94

 


 

Second Session, 50th General Assembly

3 Charles III, 2024

BILL 94

AN ACT RESPECTING THE MANAGEMENT OF LAW ENFORCEMENT ARTICLES, UNIFORMS, VEHICLE MARKINGS AND VEHICLE EQUIPMENT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE BERNARD DAVIS

Minister of Justice and Public Safety

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would enact the Law Enforcement Identity Management Act. The Bill would

ˇ         restrict the use, possession, sale and fabrication of law enforcement articles, uniforms, vehicle markings and vehicle equipment;

ˇ         require law enforcement agencies that are subject to the Act to have an asset management and disposal policy;

ˇ         set out enforcement procedures; and

ˇ         prescribe penalties for offences under the Act.


A BILL

AN ACT RESPECTING THE MANAGEMENT OF LAW ENFORCEMENT ARTICLES, UNIFORMS, VEHICLE MARKINGS AND VEHICLE EQUIPMENT

Analysis


        1.   Short title

        2.   Definitions

        3.   Prohibition on display of the word "police"

        4.   Prohibition on use of law enforcement articles, uniforms, vehicle markings and equipment

        5.   Prohibition on possession of law enforcement articles and uniforms

        6.   Prohibition on possession of law enforcement vehicle markings and equipment

        7.   Duty upon change in status

        8.   Duty to report loss or theft

        9.   Prohibition on sale of law enforcement articles, uniforms, vehicle markings and equipment

      10.   Prohibition on fabrication of law enforcement articles, uniforms, vehicle markings and equipment

      11.   Sale of law enforcement vehicles

      12.   Asset management and disposal policy

      13.   Suspected contravention - search and seizure

      14.   Telewarrants

      15.   Search warrants

      16.   Violation notice

      17.   Procedures subsequent to violation notice

      18.   Application for forfeiture

      19.   No liability

      20.   Offence and penalty

      21.   Regulations

      22.   NLR 78/99 Amdt.

      23.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Law Enforcement Identity Management Act.

Definitions

        2. In this Act

             (a)  "dramatic work" includes

                      (i)  any piece for recitation, choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise,

                     (ii)  any cinematographic work, and

                    (iii)  any compilation of works referred to in subparagraph (i) and (ii);

             (b)  "judge" means a Provincial Court judge;

             (c)  "law enforcement agency" means

                      (i)  a police agency,

                     (ii)  an agency that provides policing services in another province or territory of Canada, and  

                    (iii)  another person prescribed in the regulations; 

             (d)  "law enforcement article" means

                      (i)  a crest, badge, emblem, design or other distinguishing article that is currently used or is similar to an article that is currently used by a law enforcement agency,

                     (ii)  other items as may be prescribed in the regulations that are used, worn or carried by a member of a law enforcement agency to identify an individual as a law enforcement officer, or

                    (iii)  a replica of an item referred to in subparagraph (i) or (ii);

             (e)  "law enforcement officer" means

                      (i)  a police officer,

                     (ii)  a member of a law enforcement agency referred to in subparagraph (c)(ii) who has powers of a police officer, and 

                    (iii)  a person employed by a law enforcement agency referred to in subparagraph (c)(iii) who is authorized to provide law enforcement services;

             (f)  "law enforcement uniform" means

                      (i)  distinctive clothing or equipment, other than a ceremonial uniform, that

                            (A)  a law enforcement officer is required to wear while on duty,

                            (B)  has a colour scheme, pattern or style that makes the person wearing it readily identifiable as a law enforcement officer, and

                            (C)  is currently used or is similar to clothing or equipment that is currently used by a law enforcement agency, or

                     (ii)  a replica of clothing or equipment referred to in subparagraph (i);

             (g)  "law enforcement vehicle" means a vehicle that has law enforcement vehicle markings, law enforcement vehicle equipment or both;

             (h)  "law enforcement vehicle equipment" includes prisoner partitions, law enforcement vehicle computers and associated audiovisual components and other interior and exterior equipment used only by a law enforcement agency for its vehicles;

              (i)  "law enforcement vehicle marking" means

                      (i)  the marking, signage, decal or lights placed on a vehicle that identifies the vehicle as a vehicle used by a law enforcement agency, or

                     (ii)  a replica of an item referred to in subparagraph (i);

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (k)  "person" includes an agency or other entity;

              (l)  "police agency" means

                      (i)  the Royal Newfoundland Constabulary, and

                     (ii)  the Royal Canadian Mounted Police;

           (m)  "police officer" means

                      (i)  a police officer as defined in the Royal Newfoundland Constabulary Act, 1992, and

                     (ii)  an officer as defined in the Royal Canadian Mounted Police Act (Canada);

             (n)  "sell" includes offer for sale, expose for sale, have in possession for sale, distribute, give, transfer, lend, send or otherwise dispose of, whether or not for consideration;

             (o)  "special constable" means a special constable appointed under section 16 of the Royal Newfoundland Constabulary Act, 1992;

             (p)  "supernumerary special constable" means a supernumerary special constable appointed under section 9.6 of the Royal Canadian Mounted Police Act (Canada);

             (q)  "unserviceable" means permanently altered such that a law enforcement article or law enforcement uniform could not reasonably be confused with a law enforcement article or law enforcement uniform;

              (r)  "vehicle" means a vehicle that is driven otherwise than by muscular power and includes a motor-driven cycle, regardless of whether the motor is engaged; and

             (s)  "violation notice" means a violation notice issued under section 16.

Prohibition on display of the word "police"

        3. (1) A person, other than a person referred to in subsection (2), shall not display the word "police" either alone, as part of a word or in conjunction with any other words, on a uniform, an article of clothing, a vehicle, an insignia, a sign or a symbol where the display of the word "police" may mislead the public or a member of the public into believing that the person displaying the word or causing the word to be displayed is

             (a)  a police officer; or

             (b)  empowered to exercise the powers of a police officer or powers that are similar to the powers of a police officer.

             (2)  For the purposes of subsection (1), the following persons may display the word "police":

             (a)  a member of

                      (i)  a police agency, or

                     (ii)  a law enforcement agency referred to in subparagraph 2(c)(ii); or

             (b)  another person prescribed in the regulations.

Prohibition on use of law enforcement articles, uniforms, vehicle markings and equipment

        4. (1) A person shall not use a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment except as permitted in this section.

             (2)  The following persons may use a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment for a purpose required by the law enforcement agency:

             (a)  a law enforcement officer employed by the law enforcement agency that uses the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment; and

             (b)  a person who has permission from the head of the law enforcement agency.

             (3)  A person may use a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment

             (a)  for the purpose of

                      (i)  vehicle repair required by a law enforcement agency,

                     (ii)  the decommissioning of a law enforcement vehicle,

                    (iii)  a museum collection or exhibit, for the duration of the museum collection or exhibit, and

                    (iv)  another use prescribed in the regulations; and

             (b)  where the person has provided notice to persons prescribed in the regulations, in accordance with the regulations, for the purpose of a dramatic work, for the duration of the dramatic work.

Prohibition on possession of law enforcement articles and uniforms

        5. (1) A person shall not possess a law enforcement article or law enforcement uniform except as permitted in this section.

             (2)  The following persons may possess a law enforcement article or law enforcement uniform:

             (a)  the law enforcement agency that uses the law enforcement article or law enforcement uniform;

             (b)  a law enforcement officer employed by the law enforcement agency that uses the law enforcement article or law enforcement uniform;

             (c)  a person who is training to be a law enforcement officer that uses the law enforcement article or law enforcement uniform;

             (d)  a special constable in the course of the special constable’s duties as authorized under the Royal Newfoundland Constabulary Act, 1992;

             (e)  a supernumerary special constable in the course of the supernumerary special constable’s duties as authorized under the Royal Canadian Mounted Police Act (Canada);

             (f)  a training academy for police officers;

             (g)  a training academy for law enforcement officers prescribed in the regulations;

             (h)  a business that fabricates, sells or distributes law enforcement articles or law enforcement uniforms;

              (i)  an employee of a law enforcement agency who manages the purchase, issuance and collection of law enforcement articles and law enforcement uniforms; and

              (j)  another person or class of persons prescribed in the regulations.

             (3)  A person who is in possession of a law enforcement article or law enforcement uniform at the time this Act comes into force may continue to possess the law enforcement article or law enforcement uniform only where it has been rendered unserviceable in accordance with the regulations.

             (4)  A person may possess a law enforcement article or law enforcement uniform

             (a)  for the purpose of a museum collection or exhibit, for the duration of the museum collection or exhibit; and

             (b)  where the person has provided notice to persons prescribed in the regulations, in accordance with the regulations, for the purpose of a dramatic work, for the duration of the dramatic work.

Prohibition on possession of law enforcement vehicle markings and equipment

        6. (1) A person shall not possess a law enforcement vehicle marking or law enforcement vehicle equipment except as permitted in this section. 

             (2)  The following persons may possess a law enforcement vehicle marking or law enforcement vehicle equipment:

             (a)  the law enforcement agency that uses the law enforcement vehicle marking or law enforcement vehicle equipment;

             (b)  a law enforcement officer employed by the law enforcement agency that uses the law enforcement vehicle marking or law enforcement vehicle equipment;

             (c)  a training academy for police officers;

             (d)  a training academy for law enforcement officers prescribed in the regulations;

             (e)  a business that fabricates, sells or distributes law enforcement vehicle markings or law enforcement vehicle equipment;

             (f)  a government department or business that repairs or decommissions law enforcement vehicles; and

             (g)  another person or class of persons prescribed in the regulations.

             (3)  A person may possess a law enforcement vehicle marking or law enforcement vehicle equipment

             (a)  for the purpose of a museum collection or exhibit, for the duration of the museum collection or exhibit; and

             (b)  where the person has provided notice to persons prescribed in the regulations, in accordance with the regulations, for the purpose of a dramatic work, for the duration of the dramatic work.

Duty upon change in status

        7. Where a person in possession of a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment in accordance with this Act ceases to be a person authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under this Act, the person shall, within 14 days,

             (a)  return the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to its source of origin where that source of origin is still authorized to possess it in accordance with this Act; or

             (b)  present it to a police agency for disposal or destruction.

Duty to report loss or theft

        8. Where a person in possession of a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment in accordance with this Act becomes aware that the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment is lost or stolen, the person shall report the loss or theft to a police agency immediately upon becoming aware of the loss or theft.

Prohibition on sale of law enforcement articles, uniforms, vehicle markings and equipment

        9. (1) A person shall not sell a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment unless the purchaser

             (a)  is authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under subsection 5(2) or (4) or 6(2) or (3); and

             (b)  complies with subsection (2).

             (2)  A purchaser of a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment shall provide the seller with evidence confirming that the purchaser is authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under subsection 5(2) or (4) or 6(2) or (3).

Prohibition on fabrication of law enforcement articles, uniforms, vehicle markings and equipment

      10. (1) A person shall not fabricate, directly or indirectly, by any means, a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment except as permitted in this section.

             (2)  A person may fabricate a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment where

             (a)  the person is a business that fabricates, sells or distributes law enforcement articles, law enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment; and

             (b)  the fabrication is done to sell the law enforcement articles, law enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment to a purchaser authorized to use or possess the law enforcement articles, law enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment under this Act.

             (3)  A person may fabricate a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment for the purpose of a dramatic work where the person has provided notice to persons prescribed in the regulations, in accordance with the regulations.

Sale of law enforcement vehicles

      11. (1) A law enforcement agency shall not sell a law enforcement vehicle until

             (a)  all law enforcement vehicle markings have been removed and any remaining imprint has been removed or distorted; and

             (b)  all law enforcement vehicle equipment has been removed.

             (2)  Notwithstanding subsection (1), a police agency or a law enforcement agency referred to in subparagraph 2(c)(iii) may sell or donate a law enforcement vehicle to a training academy for law enforcement officers for training purposes.

             (3)  Law enforcement vehicle markings and law enforcement vehicle equipment removed from a law enforcement vehicle under subsection (1) shall only be sold as permitted by subsection 9(1).

Asset management and disposal policy

      12. (1) A law enforcement agency that operates in the province shall have an asset management and disposal policy for law enforcement articles, law enforcement uniforms, law enforcement vehicle markings and law enforcement vehicle equipment that includes

             (a)  for law enforcement articles and law enforcement uniforms,

                      (i)  the process for tracking law enforcement articles and law enforcement uniforms, including those that are lost, stolen or damaged,

                     (ii)  the name of the individual responsible for managing law enforcement articles and law enforcement uniforms, and

                    (iii)  the process and requirements for issuing law enforcement articles and law enforcement uniforms to former law enforcement officers; and

             (b)  for law enforcement vehicle markings and law enforcement vehicle equipment,

                      (i)  the process for tracking law enforcement vehicle markings and law enforcement vehicle equipment, including their re-use and the destruction of obsolete or redundant law enforcement vehicle markings and law enforcement vehicle equipment, and

                     (ii)  the name of the individual responsible for managing law enforcement vehicle markings and law enforcement vehicle equipment.

             (2)  For the purpose of subparagraph (1)(a)(iii), the asset management and disposal policy shall

             (a)  require law enforcement articles and law enforcement uniforms issued to former law enforcement officers to be rendered unserviceable in accordance with the regulations unless otherwise prescribed in the regulations; and

             (b)  include a process for anyone in possession of a law enforcement article or law enforcement uniform on the coming into force of this Act to forfeit the law enforcement article or law enforcement uniform or to have the law enforcement article or law enforcement uniform rendered unserviceable in accordance with the regulations.

Suspected contravention - search and seizure

      13. (1) Where

             (a)  a police officer has reasonable grounds to believe that a person is using, in possession of, fabricating or selling a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment; and

             (b)  on request of the police officer, the person is unable to satisfy the police officer that the person is authorized to use, possess, fabricate or sell the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment,

the police officer may, with a warrant issued under subsection (2), search the person, the person's personal property, a vehicle, place or premises and seize anything that may provide evidence with respect to a suspected offence under this Act or the regulations including any law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment found.

             (2)  A judge who is satisfied upon oath or affirmation that there are reasonable grounds for believing there is on a person, or in or on the person's personal property, a vehicle, place or premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations may issue a warrant authorizing one or more police officers to search the person and the person's personal property and to enter the vehicle, place or premises in the province and to search for and seize anything that will provide evidence with respect to a suspected offence under this Act or the regulations, subject to the conditions that may be specified in the warrant.

             (3)  A person shall not provide false information or obstruct a police officer in the carrying out of the police officer's duties under this Act or under a warrant issued for the purpose of enforcement of this Act. 

             (4)  Notwithstanding subsection (1), a police officer may exercise the powers of search and seizure referred to in that subsection without a warrant where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

             (5)  For the purpose of subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

Telewarrants

      14. (1) Where, in the opinion of a police officer it would not be practical to personally appear before a judge to apply for a warrant, the police officer may make the application by telephone, facsimile or other means of telecommunication.

             (2)  Where the information on which an application for a warrant is submitted by telephone, facsimile or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone, facsimile or other means of telecommunication.

             (3)  The information submitted by telephone, facsimile or other means of telecommunication shall include

             (a)  a statement of the circumstances that make it impracticable for the police officer to appear personally before a judge; and

             (b)  a statement of the police officer's grounds for believing that a person has failed to comply with or otherwise contravened this Act or the regulations or that entry onto premises where a failure to comply with or a contravention of this Act or the regulations is believed to occur has been denied.

             (4)  The sworn or affirmed information submitted by telephone, facsimile or other means of telecommunication by a police officer shall specify the name of the person giving evidence, the facts ascertained and the manner and location in which evidence was received, and a record of that information shall be filed by the judge with the clerk of the court over which the judge presides.

Search warrants

      15. Notwithstanding another section of this Act, the provisions of the Criminal Code adopted by section 6 of the Provincial Offences Act relating to the issue of search warrants may be invoked for the purposes of a search made under this Act in respect of which a search warrant is required or is desirable.

Violation notice

      16. (1) Where a police officer has seized a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment from a person in accordance with section 13 or 15, the police officer may issue a violation notice to that person.

             (2)  A violation notice shall include the following information:

             (a)  the offence for which the violation notice is issued;

             (b)  the date, time and location of the offence;

             (c)  the name and identifying information of the person to whom the violation notice is issued;

             (d)  a description of the items being seized; and

             (e)  any other information prescribed in the regulations.

             (3)  When a violation notice is issued, the police officer shall inform the person named in the violation notice that the person has the option of immediately forfeiting the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to the Crown by allowing the police officer to take possession of the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to be disposed of or otherwise dealt with as the minister directs.

             (4)  Where a violation notice is issued and the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment is forfeited under subsection (3), a prosecution shall not be commenced under this Act respecting the matter referred to in the violation notice.

             (5)  Nothing in this section requires a police officer to issue a violation notice before initiating a prosecution under this Act.

Procedures subsequent to violation notice

      17. (1) Where a person named in a violation notice has forfeited a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment under subsection 16(3), the person may, within 30 days of the forfeiture, revoke the forfeiture by providing a written notice containing the information prescribed in the regulations to the police agency that employs the police officer who issued the violation notice.

             (2)  Where a violation notice is issued to a person and the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment is not forfeited under subsection 16(3), or a person gives notice of revocation under subsection (1),

             (a)  the police agency referred to in subsection (1) shall retain the seized law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment; and

             (b)  the person may be prosecuted in accordance with this Act in the same manner as if the violation notice had not been issued.

             (3)  Where, anytime on or before the expiry of 30 days from the date of forfeiture under subsection 16(3), a revocation has not been made in accordance with subsection (1) and a person is able to satisfy a police officer employed by the police agency referred to in subsection (1) that the person is authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment, the police officer shall, without delay, return the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to the person.

Application for forfeiture

      18. (1) Where a person has not been charged with an offence under this Act or the regulations within 6 months of a seizure of a law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment, a police officer shall make an application to a judge for an order that the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment be forfeited to the Crown to be disposed of or otherwise dealt with as the minister directs.

             (2)  Where, any time before the hearing of the application under subsection (1), a person is able to satisfy the police officer making the application under subsection (1), or another police officer employed by the same police agency, that the person is authorized to possess the seized law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment, the police officer shall, without delay, return the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment to the person.

             (3)  Where a person has been charged with an offence under this Act or the regulations, a police officer shall make an application to a judge for an order that the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment be forfeited to the Crown to be disposed of or otherwise dealt with as the minister directs, where

             (a)  the charge has not resulted in a conviction;

             (b)  all appeals have been exhausted or the time limit for appeals has expired without an appeal having been taken; and

             (c)  one or more of the following apply:

                      (i)  the person's location is not known,

                     (ii)  the person has not attempted to obtain the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment that have been seized from the person, or 

                    (iii)  the person is not authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment that have been seized from the person. 

             (4)  Notice of an application under subsection (1) or (3) shall be given to

             (a)  the person from whom the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment was seized, where the person's location is known; and

             (b)  a person who is authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment, where such person exists and the person's location is known.

             (5)  Notice under subsection (4) shall be given not fewer than 30 days before the application is to be heard and in accordance with the regulations.

             (6)  Where a person is convicted of an offence under this Act or the regulations, a judge shall order that any law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment seized under this Act, in addition to any other penalty provided for by this Act, be forfeited to the Crown to be disposed of or otherwise dealt with as the minister directs.

             (7)  Notwithstanding subsection (6), where a person who is authorized to possess the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment exists and is known, the judge may order the law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment be returned to that person.

             (8)  Notwithstanding subsection (7), where a person is convicted by way of a ticket under the Provincial Offences Act in relation to a contravention of this Act or the regulations, any law enforcement article, law enforcement uniform, law enforcement vehicle marking or law enforcement vehicle equipment seized under this Act shall be forfeited to the Crown to be disposed of or otherwise dealt with as the minister directs.

No liability

      19. An action or other proceeding does not lie against a police officer or any other person acting under the authority of this Act or the regulations for any loss or damage suffered by a person because of anything done or omitted to be done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or the regulations.

Offence and penalty

      20. (1) An individual who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $300 and not more than $10,000 or imprisonment for not more than 3 months, or to both fine and imprisonment.

             (2)  A corporation that contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $25,000.

             (3)  Where a corporation contravenes this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the contravention is also guilty of an offence and liable on summary conviction to the penalties set out in subsection (1), whether or not the corporation has been prosecuted or convicted.

Regulations

      21. The minister may make regulations 

             (a)  prescribing other persons for the purpose of subparagraph 2(c)(iii);

             (b)  prescribing other items for the purpose of subparagraph 2(d)(ii);

             (c)  prescribing other persons for the purpose of paragraph 3(2)(b);

             (d)  prescribing other uses for the purpose of subparagraph 4(3)(a)(iv);

             (e)  prescribing, for the purpose of a notice required under paragraph 4(3)(b), 5(4)(b), 6(3)(b) and subsection 10(3), the persons who shall receive notice and the timing and content of the notice;

             (f)  prescribing training academies for the purpose of paragraph 5(2)(g);

             (g)  prescribing other persons or classes of persons who may possess law enforcement articles, law enforcement uniforms, law enforcement vehicle markings or law enforcement vehicle equipment;

             (h)  prescribing the process for rendering law enforcement articles and law enforcement uniforms unserviceable;

              (i)  prescribing circumstances where law enforcement articles or law enforcement uniforms that are issued to former law enforcement officers are not required to be rendered unserviceable;

              (j)  prescribing other information that shall be contained in a violation notice;

             (k)  prescribing the information that shall be contained in a notice under subsection 17(1);

              (l)  respecting the provision of notice under subsection 18(4);

           (m)  defining a word or expression used but not defined in this Act; and

             (n)  generally to give effect to the purpose of this Act.

NLR 78/99 Amdt.

      22. Section 2 of the Provincial Offences Ticket Regulations, 1999 under the Provincial Offences Act is amended by adding immediately after paragraph (e.1) the following:

          (e.2)  a provision of the Law Enforcement Identity Management Act or a regulation made under that Act;

Commencement

      23. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.