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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2008


NEWFOUNDLAND AND LABRADOR REGULATION 53/08

NEWFOUNDLAND AND LABRADOR
REGULATION 53/08

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

(Filed September 23, 2008)

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

Dated at St. John’s, September 22, 2008.

Jerome Kennedy
Minister of Justice

REGULATIONS

Analysis


        1.   S.4 R&S
Complaints procedure

        2.   S.4.1 R&S
Filing of complaint

        3.   S.5 Amdt.
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 R&S
Hearings before adjudicators

      10.   S.23 R&S
Powers of adjudicator

      11.   S.31 Amdt.
Public notice

      12.   Sch Rep.


CNLR 970/96
as amended

        1. Section 4 of the Royal Newfoundland Constabulary Public Complaints Regulations is repealed and the following substituted:

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.

 

        2. Section 4.1 of the regulations is repealed and the following substituted:

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.

 

        3. Section 5 of the regulations is amended by deleting the words and number "Form 2 in the Schedule" and substituting the phrase "the form prescribed by the minister regarding public complaints procedures and the rights of persons making a complaint".

 

        4. Section 6 of the regulations is amended by deleting the words and number "Form 3 of the Schedule" and substituting the words "the form prescribed by the minister for withdrawal of complaints".

 

        5. Section 9 of the regulations is amended by deleting the words and number "Form 4 of the Schedule" and substituting the words "a record of informal resolution of the complaint in the form prescribed by the minister".

 

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

             (2)  Subsection 10(2) of the regulations is repealed and the following substituted:

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

 

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

 

        8. Section 18 of the regulations is amended by deleting the words and number "Form 7 of the Schedule" and substituting the words "a notice of appeal in the form prescribed by the minister".

 

        9. Section 20 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 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.

 

      10. Section 23 of the regulations is repealed and the following substituted:

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.

 

      11. Section 31 of the regulations is amended by deleting the words and number "in Form 8 of the Schedule" and substituting the words "in the form prescribed by the minister".

 

      12. The Schedule to the regulations is repealed.