Alberta Record

· Order in Council / Police Amendment Act, 2022 proclamation · enacted

Order in council police amendment act 2022 proclamation

Proclaims specific sections of the Police Amendment Act, 2022 into force, establishing new legal provisions for policing in Alberta.

High impactInstitutional independenceCentralization of powerThe public, directlyIndependent watchdogsLegislature

What changed

  • Sections 1, 2, 3(a), (a.1), (d), 8(a), 12(a), (c)(ii), 13, 15, 17, 20, 23 to 31.1, 33, 35, 37, 38(a), (b), (d), (e)(i), (iii), (f), 39 to 41, 43, 46(b) to (e), 48, and 49 of the Police Amendment Act, 2022 are brought into force.
  • The legal framework governing policing in Alberta is updated through the activation of these legislative provisions.
  • Replaces references to the "Director of Law Enforcement" with the "chief executive officer" as defined in the Police Act for oversight of investigations.
  • Introduces new definitions, including "chief executive officer," "integrated investigative unit," "investigating police service," "subject officer," and "witness officer."
  • Applies sections 43.2 and 43.3 of the Police Act, which govern investigations of police officers, to incidents involving legislative security officers.
  • Establishes a process for reporting incidents involving legislative security officers to the Legislative Assembly Office, then to the chief executive officer, who then notifies the Minister.
  • Mandates the segregation of legislative security officers involved in an incident and restricts communication between them during an investigation.
  • Outlines specific procedures for determining an officer's status (subject or witness), handling officer's notes, and conducting witness interviews.
  • Establishes a new Police Conduct and Oversight Regulation under the Police Act.
  • Defines competency standards for police officer appointments and sets probationary periods for new officers (18 months) and promotions (6 months).
  • Requires a chief of police to obtain written confirmation from the Police Review Commission or Oversight Board before dismissing an officer for performance deficiencies.
  • Mandates the Police Review Commission to adopt a "supportive, restorative and remedial approach" in matters of complaints and discipline.
  • Outlines the powers and duties of the Police Review Commission's chief executive officer, including ensuring a structured and fair complaint process.
  • Details a multi-level system for handling complaints against police officers (Levels 1-5), including timelines, investigation procedures, and disciplinary processes.

Why it matters

  • The proclamation of these sections introduces new or amended legal requirements and authorities pertaining to policing within the province.
  • This action alters the statutory basis for police operations, oversight, or administration, as defined by the Police Amendment Act, 2022.
  • The changes may affect the roles and responsibilities of police services, the Minister of Public Safety and Emergency Services, and related oversight bodies.
  • Centralizes the authority for investigating incidents involving legislative security officers under the "chief executive officer" as defined in the Police Act, shifting it from the previous "Director of Law Enforcement."
  • Standardizes the investigative process for legislative security officers by aligning it with the established framework for police officer investigations under the Police Act.
  • Enhances the formal oversight mechanism for legislative security officers by introducing specific roles, reporting lines, and procedural requirements for investigations.
  • Clarifies the rights and obligations of legislative security officers during investigations, distinguishing between "subject officers" and "witness officers" regarding note submission and interviews.
  • Potentially increases public confidence in the accountability of legislative security officers by subjecting their actions to a more robust and standardized investigative process.
  • Centralizes aspects of police oversight by establishing the Police Review Commission and its chief executive officer with defined powers over police conduct and complaints.
  • Introduces an external check on police service leadership decisions regarding non-disciplinary terminations, requiring approval from the Commission or Oversight Board.
  • Standardizes the process for assessing police officer competency, probation, and performance-related dismissals across police services.
  • Establishes a new framework for public complaints against police, aiming to promote transparency and accountability in law enforcement.
  • The specified "supportive, restorative and remedial approach" for the Commission may influence the outcomes and focus of police discipline.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Changes to police powers and duties.
  • Impact on civilian oversight mechanisms.
  • Potential alterations to public accountability of police services.
  • Shift in investigative authority for legislative security officers to a Police Act framework.
  • Standardization of investigative procedures for legislative security officers.
  • Formalization of roles and information handling during investigations involving legislative security officers.
  • Integration of legislative security officer oversight with broader law enforcement accountability mechanisms.
  • Balance between police officer due process and public accountability.
  • Potential for the "supportive, restorative and remedial approach" to impact the severity of disciplinary actions for misconduct.
  • Clarity on the independence and authority of the Police Review Commission relative to police service leadership.

Primary sources (4)