Alberta Record

· Order in Council / Legislative Precinct Security Regulation · in-force

Legislative precinct security regulation

This Order in Council enacts the Legislative Precinct Security Regulation, establishing detailed rules for the eligibility, appointment, training, conduct, and reporting requirements for legislative security officers in Alberta.

High impactInstitutional independenceCentralization of powerCivil libertiesCourtsThe public, directlyLegislature

What changed

  • Proclaims section 2 of the Justice Statutes Amendment Act, 2022 (No. 2) into force.
  • Excludes subsection (3) to the extent that it enacts section 22.98 from the proclamation.
  • Establishes September 1, 2024, as the effective date for the proclaimed provisions.
  • Establishes an electronic monitoring program for the purpose of monitoring individuals as defined in the Corrections Act.
  • Establishes a Central Monitoring Unit responsible for conducting electronic monitoring and tracking alerts from monitoring technology.
  • Assigns the Minister of Public Safety and Emergency Services responsibility for administering and overseeing the electronic monitoring program.
  • Authorizes the Minister to establish protocols and procedures for the program's operation and compliance monitoring.
  • Allows the Minister to authorize the use of specific electronic monitoring technology in accordance with court-imposed conditions.
  • Provides a mechanism for the Minister to refer court-imposed electronic monitoring conditions back to the court if deemed incompatible with program administration.
  • Establishes eligibility criteria for individuals to be appointed as legislative security officers, including education, age, criminal record checks, physical abilities, and psychological assessments.
  • Mandates post-appointment requirements for officers, including ongoing weapon certification/recertification and training as determined by the Legislative Assembly Office.
  • Grants the Speaker authority to suspend or cancel a legislative security officer's appointment under specified conditions, such as criminal charges or conduct bringing the office into disrepute.
  • Requires legislative security officers to report the use or alleged use of excessive force, use of prescribed weapons in prescribed circumstances, and loss or theft of weapons to the Legislative Assembly Office.
  • Mandates the Legislative Assembly Office to report certain incidents, including excessive force and prescribed weapon use, to the police service of jurisdiction within 24 hours.
  • Requires reporting of serious or sensitive matters, or incidents of serious injury or death within the legislative precinct, to the Legislative Assembly Office and subsequently to the Director of Law Enforcement.

Why it matters

  • Brings new legislative provisions related to justice statutes into effect, altering the legal framework in Alberta.
  • Formalizes a passed Act into enforceable law, impacting the administration of justice.
  • The specific implications for individuals and institutions depend on the content of the proclaimed sections of the Act, which are not detailed within this Order in Council.
  • Centralizes the administration and oversight of electronic monitoring under the Minister of Public Safety and Emergency Services.
  • Standardizes the operational framework and procedures for electronic monitoring across the province.
  • Introduces a formal structure for technology-based correctional oversight through the Central Monitoring Unit.
  • Establishes a process for addressing potential conflicts between ministerial program administration and judicial orders regarding electronic monitoring conditions.
  • Expands the scope of correctional tools available for managing individuals under supervision.
  • Formalizes the operational and accountability framework for legislative security officers, defining their roles and responsibilities within the legislative precinct.
  • Introduces standardized requirements for officer qualifications, training, and ongoing professional development, aiming to ensure consistent conduct and competence.
  • Establishes clear internal and external reporting mechanisms for incidents involving use of force, weapons, or serious harm, enhancing oversight and accountability.
  • Centralizes authority for officer appointments, suspensions, and cancellations with the Speaker and the Legislative Assembly Office, defining the chain of command.
  • Ensures that serious incidents involving legislative security officers are reported to external law enforcement authorities, providing an independent review pathway.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.
  • Access to information — The ability to see public records and government decisions.

Other governance concerns

  • Changes to the legal framework governing justice matters
  • Potential impact on existing legal rights and obligations, dependent on the specific amendments
  • Ministerial discretion in setting program protocols and procedures for electronic monitoring.
  • Privacy implications for individuals subject to electronic monitoring technology.
  • Potential for friction between ministerial program administration and judicial orders regarding monitoring conditions.
  • Accountability for use of force by legislative security officers.
  • Transparency of security operations within the legislative precinct.
  • Standardization of training and conduct for security personnel.
  • Oversight mechanisms for serious incidents involving security officers.

Primary sources (3)