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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER R-16

AN ACT RESPECTING THE ORGANIZATION, OPERATION, FUNCTIONS, POWERS, DUTIES, RIGHTS AND PRIVILEGES OF THE ROYAL NEWFOUNDLAND CONSTABULARY

Analysis

1. Short title

2. Definitions

3. Continuation of force

4. Minister to control force

5. Headquarters

6. Chief of Police and commissioned officers

7. Control of force

8. Duties of Chief of Police

9. Absence of chief

10. Police officers

11. Oaths or affirmations

12. Duties of force

13. Evidence of appointment

14. Penalty re delivery of property of Crown

15. Unlawful use of uniforms, etc.

16. Unlawful disposal of equipment, etc.

17. Misrepresentation

18. Strikes forbidden

19. Collective bargaining

20. Board of arbitration

21. Remuneration of board members

22. Beginning and termination

23. Duration of decision or award

24. Effect of agreement

25. Duration of agreements

26. Approval of Lieutenant- Governor in Council

27. Regulations

28. Expenses payable upon injury

29. Agreements with federal government

30. Agreements generally

31. Power to amend agreements

32. Boards, committees and councils

33. Payments


Short title

1. This Act may be cited as the Royal Newfoundland Constabulary Act.

1981 c79 s2

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Definitions

2. In this Act

(a) "association" means

(i) an association limited to the force and having among its objects the improvement of conditions of service or remuneration, or both, of police officers, and

(ii) an association which, by order of the Lieutenant-Governor in Council, is designated as an association for the purposes of this Act;

(b) "commissioned officer" means a commissioned officer of the force;

(c) "force" means the Royal Newfoundland Constabulary constituted by this Act;

(d) "member" means a member of the force and includes the Chief of Police and other commissioned officers and non-commissioned officers and persons of the force;

(e) "minister" means the Minister of Justice or another minister of the Crown that may be designated by the Lieutenant-Governor in Council to administer this Act;

(f) "police officer" means a member of the force other than a commissioned officer;

(g) "strike" means a strike within the meaning of the Labour Relations Act; and

(h) "trade union" means a union within the meaning of the Labour Relations Act, but does not include an association.

RSN1970 c58 s2; 1978 c67 s1; 1981 c79 s3;
1985 c11 s21

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Continuation of force

3. The Royal Newfoundland Constabulary is continued as a constabulary force for the province.

RSN1970 c58 s4; 1981 c79 s4

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Minister to control force

4. The minister has the general control and management of the force and of matters connected with the force.

RSN1970 c58 s5

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Headquarters

5. The headquarters of the force shall be in the City of St. John's or at another place that the Lieutenant-Governor in Council may designate.

RSN1970 c58 s6

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Chief of Police and commissioned officers

6. (1) The Lieutenant-Governor in Council may appoint a commanding officer of the force, to be known as the Chief of Police, and other commissioned officers that the Lieutenant-Governor in Council considers appropriate and may prescribe their titles and duties.

(2) The Chief of Police and the other commissioned officers shall hold office during the pleasure of the Lieutenant-Governor in Council.

RSN1970 c58 s7

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Control of force

7. The Chief of Police has, under the direction of the minister, the control and management of the force and of matters connected with the force.

RSN1970 c58 s8

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Duties of Chief of Police

8. The Chief of Police shall perform the duties assigned to him or her by, and is subject to the control, orders and authority of, the minister.

RSN1970 c58 s9

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Absence of chief

9. Where there is no Chief of Police or the Chief of Police is absent from the headquarters of the force, the senior commissioned officer at the headquarters has, unless otherwise provided by the Lieutenant-Governor in Council, the powers and shall perform the duties of the Chief of Police.

RSN1970 c58 s10

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Police officers

10. The Lieutenant-Governor in Council may authorize the Chief of Police to appoint, by warrant signed by the Chief of Police,

(a) the number of police officers;

(b) from among the police officers in the force, the number and grades of non-commissioned officers

that the Lieutenant-Governor in Council prescribes; and

(c) temporary supernumerary police officers at those rates of pay that are authorized by the minister.

RSN1970 c58 s11

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Oaths or affirmations

11. (1) Before entering upon the duties of his or her office a member shall take and sign the Oath of Allegiance and an oath of office in the following form:

"I, A.B., solemnly swear (or solemnly, sincerely and truly declare and affirm) that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Royal Newfoundland Constabulary, and will well and truly obey and perform lawful orders and instructions that I receive as such, without fear, favour or affection of or towards a person." (Where an oath is taken, add "So help me God".).

(2) The oaths or affirmations prescribed in subsection (1) may be taken and signed by the Chief of Police before the Chief Justice or 1 of the judges of the Supreme Court or a Provincial Court judge, and may be taken and signed by other members of the force before the Chief of Police or a person before whom the Chief of Police may take and sign the oaths or affirmations.

(3) The oaths or affirmations signed under subsection (1) shall be retained by the Chief of Police as part of the records of his or her office.

RSN1970 c58 s12; 1981 c79 s5; 1986 c42 Sch B

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Duties of force

12. It is the duty of members of the force, subject to the orders of the Chief of Police, to

(a) perform police duties that may be assigned to the force by the minister;

(b) act as wardens, inspectors, patrol officers, guides or in other similar capacities where so appointed under the laws of Canada or of the province; and

(c) perform those other duties and functions that are prescribed by the Lieutenant-Governor in Council or the minister.

RSN1970 c58 s13

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Evidence of appointment

13. A certificate purporting to be issued under authority of the Chief of Police and stating that the person to whom it is issued is a member of the force is, in the absence of evidence to the contrary, evidence in courts in the province and in proceedings in the courts of the fact of that statement.

RSN1970 c58 s14

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Penalty re delivery of property of Crown

14. A member who, upon being discharged or dismissed, refuses or neglects immediately to deliver to the Chief of Police or to a commissioned officer, or to a member authorized to receive them, his or her clothing, arms and other property of the Crown in his or her possession as a member of the force is guilty of an offence and liable on summary conviction to a penalty of $50, and in addition shall pay the value of the articles not delivered, and, in default of payment of that penalty or value, is liable to imprisonment for a period not exceeding 3 months.

RSN1970 c58 s15

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Unlawful use of uniforms, etc.

15. A person who unlawfully puts on or assumes the dress, name, designation or description of a member, or who gives or offers or promises to give to a member a bribe, monetary or otherwise, or who makes an agreement with a member to induce the member to forego his or her duty, or who concerts or connives at an act by which a regulation may be evaded, is guilty of an offence and liable on summary conviction, on the complaint of a member of the force, to a fine not exceeding $100, or in default of payment to imprisonment for a period not exceeding 6 months, or to both a fine and imprisonment.

RSN1970 c58 s16

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Unlawful disposal of equipment, etc.

16. A person who unlawfully disposes of, receives, buys or sells, or has in his or her possession without lawful cause, or refuses to deliver when lawfully required, a vehicle, arms, clothing or other things used for purposes of the force, is guilty of an offence and liable on summary conviction to a penalty of double the value of that thing, and to a further penalty not exceeding $50, and in default of payment of a penalty to imprisonment for a period not exceeding 3 months.

RSN1970 c58 s17

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Misrepresentation

17. A person who, by concealing the fact of his or her having been dismissed from the force or by false certificates or false representations, obtains admission into the force, or obtains pay, gratuity or pension, is guilty of an offence and liable on summary conviction to a fine not exceeding $50, or in default of payment to imprisonment for a period not exceeding 3 months, or to both a fine and imprisonment.

RSN1970 c58 s18

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Strikes forbidden

18. (1) A member shall not remain or become a member of a trade union or of an organization that is affiliated directly or indirectly with a trade union.

(2) A member shall not strike.

(3) An association may affiliate directly with the Canadian Labour Congress or the Newfoundland and Labrador Federation of Labour.

(4) Subsection (1) does not apply to membership in an association which is affiliated directly with the Canadian Labour Congress or the Newfoundland and Labrador Federation of Labour.

RSN1970 c58 s19; 1975 No69 s2

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Collective bargaining

19. (1) In this Act

(a) "government negotiator" means the minister or another person that may be authorized by the Lieutenant-Governor in Council to bargain on behalf of the province under this section; and

(b) the government negotiator is considered on behalf of the province to be a party to the bargaining under this section.

(2) Where the Lieutenant-Governor in Council is requested in writing by a majority of police officers to direct the government negotiator to act under this section, the government negotiator, on the direction of the Lieutenant-Governor in Council, shall, within 60 days after receipt of the request by the Lieutenant-Governor in Council,

(a) bargain with a bargaining committee of police officers; and

(b) make a reasonable effort to come to an agreement for the purpose of making, subject to the approval of the Lieutenant-Governor in Council and, where required, the enactment of appropriate legislation or both, an agreement in writing, defining, determining and providing for remuneration, grievance procedures and working conditions for police officers.

(3) Where 50% or more of the police officers belong to an association, the request under subsection (2) shall be made by the association and that subsection applies to that request.

(4) The members of a bargaining committee mentioned in subsection (2) shall be police officers, unless subsection (3) applies, in which case

(a) the members of the bargaining committee shall be members of the association described in subsection (3); and

(b) at meetings held for the purpose of bargaining under this Act, the bargaining committee may be accompanied by 2 members of the association who are police officers and who attend in an advisory capacity only,

but nothing in this subsection prevents the bargaining committee of an association from being made up of police officers.

(5) A bargaining committee under this section may, in addition to persons who may accompany it under subsection (4), be accompanied by 1 legal counsel and 1 other adviser; and the government negotiator may be accompanied by those law officers of the Crown and officers of departments of the government of the province that he or she considers advisable.

(6) An agreement entered into under this section shall provide for the period for which the agreement is to remain in effect; and, notwithstanding an Act or law to the contrary, that agreement may provide for that period to be of a duration in excess of 1 year.

1978 c67 s2

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Board of arbitration

20. (1) Where, after bargaining under section 19, the government negotiator or the bargaining committee is satisfied that an agreement cannot be reached, he, she or it may by written notice to the other party require matters in dispute to be referred to a board of arbitrators, and those matters shall be settled by arbitration under this section.

(2) A board of arbitrators under this section shall consist of a chairperson and 2 other arbitrators.

(3) Where notice is given under subsection (1), the parties concerned shall each appoint an arbitrator.

(4) Where either party refuses or neglects to appoint an arbitrator within 30 days after the date of the notice referred to in subsection (1), the Lieutenant-Governor in Council shall, upon the written request of the other party, appoint another arbitrator, and the 2 arbitrators appointed under subsection (3) and this subsection shall agree upon and appoint a 3rd arbitrator who shall be the chairperson of the board of arbitrators.

(5) Where the 2 arbitrators referred to in subsection (4) fail to appoint the arbitrator who is to be the chairperson of the board of arbitrators after 7 clear days' notice in writing from either party so to do, the Lieutenant-Governor in Council shall, on the written request of either party, appoint that arbitrator.

(6) Where both parties give notice under subsection (1) or (5), the date of the notice for the purpose of subsection (4) or (5) shall be the date of the 1st of those notices.

(7) Each arbitrator shall, before entering upon the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

"I, A.B., make oath (or affirm) and say that I will faithfully, truly and impartially, to the best of my knowledge, skill and ability, execute and perform the duties of an arbitrator on the board of arbitrators appointed under the Royal Newfoundland Constabulary Act to ..................... and will not, except in the discharge of my duties, disclose to a person the evidence or other matter brought before the board." (Where an oath is taken, add "So help me God".).

(8) Where an arbitrator, including an arbitrator who is appointed chairperson of a board of arbitrators, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the Lieutenant-Governor in Council is empowered to, and shall, upon the written application of either party, by order revoke the appointment of that arbitrator, and

(a) where the arbitrator concerned is other than the chairperson, the Lieutenant-Governor in Council shall, by order, direct the party concerned to appoint another arbitrator and that party shall within 30 clear days after the date of the order appoint another arbitrator, but where that party refuses or neglects to appoint the arbitrator within the time limited as noted, subsection (4) shall, with the necessary changes, apply, except that, if the arbitrator who is to be chairperson has already been appointed under that subsection, the last-mentioned arbitrator is, subject to this Act, to be chairperson; and

(b) where the arbitrator is the arbitrator who was appointed as chairperson, subsections (4) and (5) respecting the appointment of the arbitrator who is to be chairperson shall, with the necessary changes, apply.

(9) The revocation of the appointment of an arbitrator under subsection (8) shall not impair the right of the remaining arbitrators to act in conjunction with the arbitrator appointed to replace the arbitrator whose appointment has been revoked, and, where an arbitrator is appointed under subsection (8), that arbitrator shall proceed as if he or she had been a member of the board of arbitrators originally appointed.

(10) The decision of the majority of the members of the board of arbitrators is the decision of the board.

(11) Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the 3rd arbitrator equally.

(12) Costs payable by the government negotiator under subsection (11) shall be paid out of the Consolidated Revenue Fund.

RSN1970 c58 s21; 1981 c79 s6

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Remuneration of board members

21. The Lieutenant-Governor in Council shall fix the remuneration of the members of the board of arbitrators and, where the Lieutenant-Governor in Council orders the payment of the remuneration, fix and pay the remuneration of the government negotiator.

RSN1970 c58 s22

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Beginning and termination

22. The board of arbitrators shall begin the arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned, in which event the decision or award shall be delivered within that extended period.

RSN1970 c58 s23

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Duration of decision or award

23. The board of arbitrators shall, in its decision or award, provide for the period for which the decision or award is to remain in effect, and, notwithstanding an Act or law to the contrary, that decision or award may provide for the period to be of a duration in excess of 1 year.

RSN1970 c58 s24

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Effect of agreement

24. An agreement made under section 19 and a decision or award of a board of arbitrators under section 20 is subject to the approval of the Lieutenant-Governor in Council as provided for in section 26 and, where required, the enactment by the province of the appropriate legislation or the making of the appropriate regulations, or both.

RSN1970 c58 s25

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Duration of agreements

25. (1) An

(a) agreement made under section 19 shall remain in effect for the period provided for under subsection (6) of that section; and

(b) award or decision made under section 20 shall remain in effect for the period provided for under section 23,

and, notwithstanding an Act or law to the contrary, shall remain in effect after that period until replaced by a new agreement, decision or award.

(2) Notwithstanding subsection (1),

(a) either party to bargaining that has resulted in an agreement, decision or award may, after a date not sooner than 3 months before the end of the period referred to in paragraph (1)(a) or (b) proceed under section 19 or 20 for a new agreement, decision or award, to take effect immediately upon the expiration of the period, but not with retroactive effect; and

(b) where both parties to bargaining that has resulted in an agreement, decision or award agree in writing, either party to that bargaining may at a time during the period referred to in paragraph (1)(a) or (b) proceed under section 19 or 20 for a new agreement, decision or award, to take effect before the end of that period, but not with retroactive effect.

RSN1970 c58 s26

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Approval of Lieutenant-Governor in Council

26. The Lieutenant-Governor in Council may approve an agreement, decision or award referred to in section 24

(a) as made under section 19 or 20; or

(b) subject to those qualifications, modifications and additions or deletions that the Lieutenant-Governor in Council may prescribe,

and the agreement, decision or award as so approved is, subject, where required, to the enactment by the province of the appropriate legislation or the making of the appropriate regulations, or both, binding upon the parties.

RSN1970 c58 s27

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Regulations

27. (1) The Lieutenant-Governor in Council may make regulations

(a) providing for the appointment, governing, regulating, arming, clothing, equipping, lodging and paying of, making of allowances to and providing of medical attention, by the appointment and paying of medical officers or otherwise, for the members;

(b) regulating the residence, classification, rank, service, instruction and distribution of the force;

(c) providing for the establishment of a trust fund into which

(i) fines and forfeitures paid by members under this Act or the regulations,

(ii) fines, fees, commissions or other sums earned by or awarded or granted to members in connection with the performance of their duties, over and above their regular pay and allowances, and

(iii) other sums

as, and to the extent that, the Lieutenant-Governor in Council may specify shall be paid, and prescribing how a fund may be used or spent for the benefit of members, former members, dependents of members or of former or deceased members;

(d) providing for the orderly, disciplined, sober, honest, impartial, loyal, efficient, speedy, conscientious, obedient, secure, courteous and just performance of duties by members;

(e) providing that a member who fails to comply with or otherwise contravenes the regulations made under this section is guilty of an offence;

(f) prescribing what offences against regulations may be tried under the Summary Proceedings Act and what offences may be dealt with under regulations made under paragraph (h), (i), (j) or (k);

(g) prescribing penalties for failing to comply with or otherwise contravening the regulations made under this section, provided that, for an offence which may be dealt with under regulations made under paragraph (h), (i), (j) or (k), the penalty that may be imposed shall not exceed those specified in that paragraph;

(h) providing for the summary trial by a disciplinary tribunal, of members charged with offences against the regulations;

(i) respecting the composition of a disciplinary tribunal referred to in paragraph (h);

(j) providing for the compulsory attendance of the accused members and of witnesses, for administering oaths or affirmations, and for procedural matters generally at summary trials;

(k) providing for the imposition upon conviction of a member for an offence against the regulations of reasonable sanctions or punishments including suspension, dismissal and a monetary fine in an amount not in excess of $100;

(l) providing for an appeal from a decision of a disciplinary tribunal constituted under the regulations;

(m) providing for the maximum period, and the conditions of leave of absence, including sick leave, which may be allowed to members; and

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

(2) A person who is guilty of an offence under the regulations is liable to the penalty prescribed by the regulations.

(3) An acquittal or conviction of a member under regulations made under paragraph (1)(h), (i), (j) or (k) shall not be a bar to proceedings in a court in respect of an offence arising out of the same facts.

(4) An arbitrator appointed under subsection (1) may be given other duties by the regulations that the minister considers conducive to the better administration of the force.

(5) Subject to the regulations, a member of a disciplinary tribunal presiding at a summary trial under regulations made under paragraph (1)(h), (i), (j) or (k) and the arbitrator appointed under subsection (1) have the powers that are conferred on a commissioner under the Public Inquiries Act and for the avoidance of doubt only are declared to be an "investigating body" within the meaning of the Public Investigations Evidence Act.

(6) A member concerning whom proceedings are taken under regulations made under paragraph (1)(l) is entitled to be represented and helped in those proceedings by legal counsel or other member or person that he or she may select to represent or help him or her.

RSN1970 c58 s28; 1978 c67 s3; 1979 c35 Sch A; 1979 c51 s10; 1981 c79 s7; 1986 c27 s2

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Expenses payable upon injury

28. (1) Where

(a) pay or allowance is paid a member while absent from his or her duties; or

(b) medical or hospital expenses are paid or medical or hospital services are provided from public funds in respect of a member,

because of an injury or disability caused or contributed to by or resulting from the fault or neglect or other wrongful act or omission of another person, the amount paid in respect of pay, allowance, medical or hospital expenses and the cost of the medical or hospital services provided is a debt due by that other person or by his or her estate if he or she is dead to the Crown and may be recovered by the Attorney General and an action or proceeding for the recovery of the debt shall be instituted in the name of the Attorney General.

(2) Where, in an action or other proceeding brought for the recovery of the debt referred to in subsection (1), the member in respect of whom the debt was incurred is 1 of the persons found to be negligent, no amount shall be recoverable for the portion of the debt caused by the negligence of the member, and the portion of the debt so caused by the negligence of the member shall be determined under sections 2 and 3 of the Contributory Negligence Act, although the member of the force may not be a party to the action or other proceeding.

(3) Paragraph (1)(b) does not apply to expenses for which provision is made for recovery by the Newfoundland Medical Care Commission under section 43 of the Medical Care Insurance Act.

RSN1970 c58 s29

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Agreements with federal government

29. The minister may, with the approval of the Lieutenant-Governor in Council, enter into and implement agreements with the Government of Canada for the use or employment of the force in carrying into effect the laws of Canada in force in the province, including acting as and discharging the duties of fishery officers or fishery guardians.

RSN1970 c58 s30

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Agreements generally

30. The minister may implement an agreement made under this Act.

RSN1970 c58 s31

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Power to amend agreements

31. Power to enter into an agreement shall include power to amend that agreement, but where the approval of the Lieutenant-Governor in Council is required to an agreement, the approval of the Lieutenant-Governor in Council is also required for an amending agreement.

RSN1970 c58 s32

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Boards, committees and councils

32. The Lieutenant-Governor in Council may establish those boards, committees and councils that the Lieutenant-Governor in Council considers necessary or desirable to help and advise the minister in carrying out this Act and shall appoint the members of those boards, committees and councils.

RSN1970 c58 s33

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Payments

33. (1) Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall, where payment is not provided for under another Act, be paid by the Minister of Finance out of the Consolidated Revenue Fund of the province.

(2) For the purposes of subsection (1), the expression "payments" includes payments provided for by an agreement made under section 19 or a decision or award of a board of arbitrators under section 20.

RSN1970 c58 s34

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