BILL 84

An Act to Amend the Police Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended by repealing the definition “member of the Royal Canadian Mounted Police” and substituting the following: 

“member of the Royal Canadian Mounted Police” means a member as defined in the Royal Canadian Mounted Police Act (Canada); (membre de la Gendarmerie royale du Canada)

2 The Act is amended by adding after section 24 the following: 

PART II.1

SERIOUS INCIDENT INVESTIGATIONS

Definitions

24.1 The following definitions apply in this Part.

“intimate partner violence” means intimate partner violence as defined in the Intimate Partner Violence Intervention Act. (violence entre partenaires intimes)

“investigative body” means an entity whose authority includes the power to investigate a serious incident. (organisme d’enquête)

“serious incident” means any death, serious injury, sexual assault or act of intimate partner violence involving a subject officer or any other matter involving a subject officer that is determined to be in the public interest to be investigated. (incident grave)

“subject officer” means any of the following persons who is the subject of an investigation of a serious incident or whose actions may have resulted in a serious incident: (agent impliqué)

aa member of a police force;

ba member of the Royal Canadian Mounted Police;

can auxiliary police constable; and

dan appointee as defined in the Cross-Border Policing Act.

Agreements respecting investigations

24.2( 1) The Minister may enter into an agreement with any of the following persons or entities for the purpose of ensuring that an investigative body conducts investigations of serious incidents: 

athe Government of Canada or any of its agencies;

bthe government of another province or territory of Canada or an agency of that government;

cany police force, municipality, person or other entity in another province or territory of Canada; and

dany civic authority, regional policing authority, police force, person or other entity in the Province.

24.2( 2) The Minister may enter into an agreement with any of the following persons or entities to provide assistance to an investigative body in conducting investigations of serious incidents: 

athe Government of Canada or any of its agencies;

bthe government of another province or territory of Canada or an agency of that government;

cany police force, municipality, person or other entity in another province or territory of Canada; and

dany civic authority, regional policing authority, police force, person or other entity in the Province.

Investigation summary

24.3( 1) The investigative body shall provide the Minister with an investigation summary that contains the information prescribed by regulation within the period prescribed by regulation.

24.3( 2) The Minister shall cause the investigation summary to be made available to the public in the form and manner prescribed by regulation.

Annual report

24.4( 1) The investigative body shall, within the period prescribed by regulation, provide the Minister with an annual report that contains the following information: 

athe number of investigations started and concluded in the year;

bthe nature of each investigation;

cthe result of each investigation;

dthe number of charges laid against subject officers in the year;

eany administrative or financial information that the Minister requires; and

fany other information prescribed by regulation.

24.4( 2) The Minister shall cause the annual report to be made available to the public in the form and manner prescribed by regulation.

3 Section 38 of the Act is amended by adding after paragraph (v) the following: 

v.1for the purposes of section 24.3, prescribing the information that an investigation summary shall contain, the period within which the investigation summary shall be provided to the Minister and the form and manner in which an investigation summary shall be made available to the public;

v.2for the purposes of section 24.4, prescribing the information that an annual report shall contain, the period within which the annual report shall be provided to the Minister and the form and manner in which an annual report shall be made available to the public;

v.3respecting the confidentiality of documents concerning investigations of serious incidents and the disclosure of information contained in the documents;

v.4defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

Commencement

4 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.