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Newfoundland Regulation 1997


NEWFOUNDLAND REGULATION 123/97

NEWFOUNDLAND REGULATION 123/97

Royal Newfoundland Constabulary Public Complaints
Regulations (Amendment)
under the
Royal
Newfoundland Constabulary Act, 1992

(Filed October 2, 1997)

Under the authority of section 57 of the Royal Newfoundland Constabulary Act, 1992, I make the following regulations.

Dated at St. John s, October 1, 1997.

Chris R. Decker
Minister of Justice

REGULATIONS

Analysis


        1.   S.4 Amdt.
Complaints procedure

        2.   S.4.1 Added
Filing of complaint

        3.   S.5 R&S
Information provided

        4.   S.6 Amdt.
Complaint withdrawal

        5.   S.9 Amdt.
Procedure on resolution

        6.   S.10 Amdt.
Notice to police officer

        7.   S.14 Amdt.
Suspension

        8.   S.18 Amdt.
Appeal

        9.   S.20 Amdt.
Hearings before adjudicators

      10.   S.31 Amdt.
Public notice

      11.   Schedule Added


CNR 970/96

        1. Section 4 of the Royal Newfoundland Constabulary Public Complaints Regulations is amended by deleting the phrase "a form prescribed by the minister" and substituting the phrase "Form 1 of the Schedule".

        2. The regulations are amended by adding immediately after section 4 the following:

Filing of complaint

      4.1 Complaints shall be filed in accordance with Form 1 of the Schedule and

             (a)  part 1 of Form 1 of each complaint shall be forwarded to and retained by the commissioner;

             (b)  part 2 of Form 1 of each complaint shall be forwarded to and retained by the chief;

             (c)  part 3 of Form 1 shall also be forwarded to the chief and, subject to section 23 of the Act, shall be forwarded to the officer whose conduct is the subject of the complaint; and

             (d)  part 4 of Form 1 shall be given to the complainant.

        3. Section 5 of the regulations is repealed and the following substituted:

Information provided

        5. The complaint, shall, at the time of making the complaint, be provided with a copy of Form 2 in the Schedule.

        4. Section 6 of the regulations is amended by deleting the phrase "the appropriate form as prescribed by the minister" and substituting the phrase "Form 3 of the Schedule".

        5. Section 9 of the regulations is amended by deleting the phrase "a form as prescribed by the minister" and substituting the phrase "Form 4 of the Schedule".

        6. Subsection 10(1) of the regulations is amended by deleting the phrase "a form prescribed by the minister" and substituting the phrase "Form 5 of the Schedule".

        7. Section 14 of the regulations is amended by deleting the phrase "in a form prescribed by the minister" and substituting the phrase "as in Form 6 of the Schedule".

        8. Section 18 of the regulations is amended by deleting the phrase "a form prescribed by the minister" and substituting the phrase "Form 7 of the Schedule".

        9. (1) Subsection 20(1) of the regulations is repealed and the following substituted:

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 subsection 28(2) or (3) of the Act apply, the commissioner shall forward the notice or a reference to an adjudicator in Form 9 of the Schedule where no notice has been issued and any notice of appeal filed with him or her to the adjudicator who shall set a date, time and place of hearing and notify the parties in accordance with subsection 30(2) of the Act by using Form 8 of the Schedule.

             (2)  Subsection 20(3) of the regulations is repealed and the following substituted:

             (3)  A copy of any Form 9 reference forwarded to the adjudicators shall be served upon the parties to the hearing before the hearing.

     10. Section 31 of the regulations is amended by deleting the phrase "a form prescribed by the minister" and substituting the phrase "Form 8 of the Schedule".

     11. The regulations are amended by adding immediately after section 32 the following:

Schedule

As in File

 

 

 

(Includes correction of October 24, 1997.)