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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 28/99

NEWFOUNDLAND REGULATION 28/99

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

(Filed April 1, 1999)

Under the authority of section 57 of the Royal Newfoundland Constabulary Act, 1992, the Minister of Justice makes the following regulations.

Dated at St. John’s, March 31, 1999.

Paul D. Dicks, Q.C.
Minister of Justice
and Attorney General

REGULATIONS

Analysis


        1.   S.7.1 Added
Certain conduct an offence


CNR 802/96

        1. The Royal Newfoundland Constabulary Regulations are amended by adding immediately after section 7 the following:

Certain conduct an offence

      7.1 (1) A police officer shall not,

             (a)  except where approved by the Chief of Police, while off duty wear a uniform or other article of clothing or other equipment issued by the constabulary;

             (b)  affix to a uniform a symbol of protest including a pin, button, or other insignia, not part of a uniform; or

             (c)  affix a symbol of protest to a vehicle or other item of equipment that is issued to him or her or under his or her control or operate a vehicle or other item of equipment to which a symbol of protest is affixed.

             (2)  A police officer who fails to comply with or otherwise contravenes subsection (1) is guilty of an offence.

             (3)  Where, following an investigation, the Chief of Police is satisfied that a police officer has committed an offence contrary to subsection (2), he or she may be convicted by the Chief of Police who may impose one or more of the penalties specified in section 16.

             (4)  Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, except subsection 16(1), and section 18 do not apply to an offence under this section.

             (5)  A police officer convicted of an offence under this section may, within 30 days from the date of the conviction, appeal to a Provincial Court judge who may allow the appeal and quash the conviction or uphold the conviction or increase or reduce a penalty imposed by the Chief of Police.

             (6)  Before imposing a penalty referred to in section 16, the Chief of Police shall take into account the relevant circumstances surrounding the offence as well as the service record and prior conduct of that police officer.