Statutes of Newfoundland and Labrador 2007 Chapter 14

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

SNL1992 cR-17
as amended

1. Section 22 of the Royal Newfoundland Constabulary Act, 1992 is repealed and the following substituted:

Public complaints

22. (1) A person, other than a police officer and a person employed in the constabulary, may file a complaint concerning

(a) the conduct of a police officer; or

(b) the operational policies or procedures of the constabulary which govern the manner in which a police officer discharges his or her duties

where the person making the complaint has been directly affected by that conduct or those policies or procedures.

(2) Notwithstanding subsection (1), a police officer or a person employed in the constabulary may file a complaint under that subsection where the matter giving rise to the complaint occurs outside the scope of the police officer's or the person's employment.

(3) A complaint made under subsection (1) shall be in writing and may be filed at a constabulary office or with the commissioner.

(4) A complaint made under subsection (1) shall be a complaint which, if substantiated, would lead to

(a) review and discipline under this Act; or

(b) a recommendation by the commissioner to the chief and the minister.

(5) The complainant shall be given a statement, in the prescribed form, which sets out the procedures to be followed in dealing with a complaint and describes the rights of the complainant.

(6) A complaint made under subsection (1) shall be made within 6 months after

(a) the alleged misconduct occurs; or

(b) the date the policy or procedure complained of affected the complainant.

(7) Notwithstanding subsection (6), where a complaint made under subsection (1)

(a) concerns a case of continuing misconduct by an officer, a complaint shall be made within 6 months after the last incidence of the alleged misconduct; or

(b) concerns a case where the policies or procedures of the constabulary are directly affecting the complainant in a continuous manner, a complaint shall be made within 6 months after the last date the policy or procedure complained of affected the complainant.

(8) Notwithstanding subsections (6) and (7), the 6 month time limit referred to in those subsections shall not begin to run against a complainant until he or she knows or, considering all circumstance of the matter, ought to know that he or she has a right of complaint concerning the conduct of a police officer or the policies or procedures of the constabulary and the burden of proving a postponement of the running of time under this subsection is upon the complainant claiming the benefit of that postponement.

(9) Where the postponement of filing a complaint is claimed under subsection (8), the matter of that postponement shall be referred to the commissioner who shall determine whether or not the complaint may be filed.

(10) Where a complaint is made by a person other than the person who is alleged to have been subjected to the misconduct, the commissioner may refuse to act on the complaint unless the person alleged to have been subjected to the misconduct consents.

(11) Where a police officer against whom a complaint has been made resigns or retires from the constabulary before the completion of an investigation or hearing under this Part, the complaint may be dealt with under this Part as if that police officer had not resigned or retired.

2. The Act is amended by adding immediately after section 22 the following:

Commissioner not acting on certain complaints

22.1 Where the commissioner is satisfied that the subject matter of a public complaint is frivolous or vexatious, occurred more than 6 months after facts on which it is based occurred, that the complainant was not directly affected by the policy or procedure that is the subject of the complaint or the complaint does not fall within the scope of section 22, the commissioner

(a) shall decline to take further action on the complaint and shall, in writing, inform the complainant, the police officer against whom the complaint has been made, where the complaint was made under paragraph 22(1)(a), and the chief of his or her reasons for declining to take further action; or

(b) may consult with the complainant, the police officer against whom the complaint has been made, where the complaint was made under paragraph 22(1)(a), and the chief for the purpose of resolving the complaint informally.

3. Section 24 of the Act is amended by adding immediately after subsection (4) the following:

(5) Notwithstanding subsection (3), the chief or deputy chief may, where he or she believes it to be in the public interest to do so, transmit the complaint to the commissioner and that complaint shall be considered by the commissioner under section 26 as if it were an appeal under section 25.

4. Subsection 25(1) of the Act is amended by deleting the word "or" at the end of paragraph (b) and by adding immediately after that paragraph the following:

(b.1) where the complaint is a complaint as to the policies or procedures of the constabulary, the chief, or the deputy chief as directed by the chief, may take whatever action is considered appropriate, if any; or

5. (1) Section 28 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Following an investigation of a complaint, where the commissioner does not confirm the decision of the chief or the deputy chief under subsection (1) and is satisfied

(a) that the subject matter of a complaint is frivolous or vexatious;

(b) that the complaint has been abandoned or withdrawn; or

the commissioner shall decline to take further action on the complaint.

(1.2) Where the commissioner declines to take further action on a complaint under subsection (1.1), the commissioner

(a) shall, in writing, inform the complainant, the police officer against whom the complaint has been made and the chief or deputy chief of his or her reasons for declining to take further action; and

(b) may consult with the complainant, a police officer against whom a complaint has been made and the chief or the deputy chief for the purpose of resolving the complaint informally.

(1.3) Where a complainant who is not satisfied with a decision of the chief or deputy chief appeals that decision under subsection 25(4) to the commissioner, the commissioner may determine whether or not the complaint concerns the misconduct of a police officer or the policies or procedures of the constabulary and may consider the appeal accordingly.

(2) Subsection 28(3) of the Act is amended by adding immediately after the reference "subsections (1)" a comma and the references and comma "(1.1), (1.2)".

6. (1) Paragraph 33(1)(c) of the Act is repealed and the following substituted:

(c) that, where the police officer who was the subject of the complaint conducted himself or herself in a proper manner, he or she be compensated for the reasonable costs incurred by him or her as a result of an investigation, a hearing or both;

(2) Paragraph 33(1)(e) of the Act is repealed and the following substituted:

(e) that the police officer who was the subject of the complaint pay the reasonable costs incurred by the commission in conducting an investigation, a hearing or both.

(3) Paragraph 33(3)(g) of the Act is repealed and the following substituted:

(g) where found to have conducted himself or herself in a proper manner respecting the matter of complaint, be compensated for reasonable costs incurred by him or her as a result of an investigation, a hearing or both; and

(4) Paragraph 33(3)(h) of the Act is repealed and the following substituted:

(h) except in the circumstances referred to in paragraph (g), pay the reasonable costs incurred by the commission in conducting an investigation, a hearing or both.

7. (1) Subsection 36(1) of the Act is repealed and the following substituted:

Appeal to Trial Division

36. (1) The complainant or the police officer who is the subject of the complaint may appeal an order or decision of the commissioner under paragraph 22.1(a), subsection 22(9), 28(1), 28(1.1) or of the adjudicator under section 33 by way of application to the Trial Division.

(2) Section 36 of the Act is amended by adding immediately after subsection (8) the following:

(9) Technical errors as to form, failure to file or to give notice on time, and other procedural errors of a minor nature, do not go to the jurisdiction of an adjudicator and may not be appealed to the Trial Division on any ground, unless the error prejudiced a fair determination of the issues at the public hearing.

8. Paragraph 57(d) of the Act is amended by deleting the comma immediately before the phrase and the phrase "including the prescribing of forms".

9. The Act is amended by adding immediately after section 57 the following:

Forms

57.1 The minister may prescribe forms for the purpose and administration of this Act.