HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended

(a) by adding the following definitions:

"chief civilian director" means a chief civilian director appointed under section 38.03;

"IIO investigator" means an investigator appointed under section 38.06 (2);

"independent investigations office" means the independent investigations office established under section 38.02; ,

(b) by repealing the definition of "director" and substituting the following:

"director" means the director of police services referred to in section 39 (1) [director of police services]; , and

(c) in the definition of "officer" by striking out "except in section 47 (2)," and substituting "except in Part 7.1 and section 47 (2),".

2 Section 1.1 is amended by adding the following paragraph:

(d) the independent investigations office.

3 Section 10 (1) is repealed and the following substituted:

(1) Subject to the restrictions specified in the appointment and the regulations, a provincial constable, an auxiliary constable, a designated constable or a special provincial constable has

(a) all of the powers, duties and immunities of a peace officer and constable at common law or under any Act, and

(b) jurisdiction throughout British Columbia while carrying out those duties and exercising those powers.

4 Section 11 (1) (a) is amended by striking out "special provincial constables" and substituting "special provincial constables, IIO investigators".

5 The heading to Part 4 is repealed and the following substituted:

Part 4 — Policing And Law Enforcement
Responsibilities and Liability .

6 Section 21 (1) is repealed and the following substituted:

(1) In this section, "police officer" means either of the following:

(a) a person holding an appointment as a constable under this Act;

(b) an IIO investigator.

7 Section 38 (1) is repealed and the following substituted:

(1) A municipal constable or a special municipal constable has

(a) all of the powers, duties and immunities of a peace officer and constable at common law or under any Act, and

(b) jurisdiction throughout British Columbia while carrying out those duties and exercising those powers.

8 The following Part is added:

Part 7.1 — Independent Investigations Office

Definitions

38.01  In this Part:

"chief of the police service" means as follows:

(a) in relation to the provincial police force, the commissioner;

(b) in relation to a municipal police department, a chief constable;

(c) in relation to a police force described in section 1.1 (c), a chief officer;

"civilian monitor" means a person appointed by the chief civilian director under section 38.08 (1) to review and assess an investigation by the independent investigations office under this Part;

"officer" includes a person who is a member of the Royal Canadian Mounted Police;

"police service" means the Royal Canadian Mounted Police or a police force in British Columbia other than the independent investigations office;

"serious harm" has the same meaning as in Part 11.

Independent investigations office established

38.02  (1) An independent investigations office is established in the Ministry of Attorney General, the purpose of which is to conduct

(a) the investigation of an incident under section 38.09 (3) [immediate reporting of critical incidents],

(b) the investigation of a matter under section 38.10 (2) [immediate reporting of critical investigations],

(c) an investigation that may be directed to the independent investigations office under section 44 [special investigations], and

(d) the investigation of a matter under section 177.1 [duty of police complaint commissioner to notify IIO] on receiving notice from the police complaint commissioner under that section.

(2) The independent investigations office consists of a chief civilian director, who is in charge of the independent investigations office, and IIO investigators selected by the chief civilian director.

Appointment of chief civilian director

38.03  (1) The Lieutenant Governor in Council may appoint a person as chief civilian director.

(2) A person who is a current or former member of a police force or the Royal Canadian Mounted Police may not be appointed as chief civilian director.

(3) The chief civilian director holds office,

(a) on being appointed to a first term, for 5 years, and

(b) if appointed for a 2nd term, for a period of up to 5 years as specified in the reappointment.

(4) A person must not be appointed under subsection (1) for a 3rd or subsequent term.

Responsibilities of chief civilian director

38.04  (1) The chief civilian director is responsible for the following:

(a) the management, administration and operation of the independent investigations office;

(b) overseeing investigations conducted by the independent investigations office under this Part.

(2) The chief civilian director must

(a) exercise powers and perform duties assigned to the chief civilian director under and in accordance with this Act and any other enactment, and

(b) ensure compliance with the director's standards as they relate to the independent investigations office.

Remuneration, expenses and application of Public Sector Pension Plans Act

38.05  (1) The chief civilian director is entitled

(a) to be paid a salary specified by the Lieutenant Governor in Council in the chief civilian director's appointment or reappointment, and

(b) to be reimbursed for reasonable travelling and out-of-pocket expenses personally incurred in exercising the powers and performing the duties of the chief civilian director under this Act.

(2) The public service plan as defined in section 1 (1) of the Public Sector Pension Plans Act applies to the chief civilian director.

Independent investigations office staff and investigators

38.06  (1) The chief civilian director may appoint, in accordance with the Public Service Act and the regulations, if any, made under section 74 (2) (t.1) [power to make regulations] of this Act, the employees the chief civilian director considers necessary to enable or assist the chief civilian director in exercising powers or performing duties of the chief civilian director under this Act.

(2) The chief civilian director may appoint, in accordance with the Public Service Act and the regulations, if any, made under section 74 (2) (t.2) of this Act and subject to subsection (3) of this section, any of the following persons to serve as investigators with the independent investigations office:

(a) a civilian with investigative experience;

(b) a former member of a police or law enforcement agency outside of British Columbia;

(c) a former member of the Royal Canadian Mounted Police.

(3) The chief civilian director may not appoint a person under subsection (2) (a), (b) or (c) if the person was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.

(4) For the purposes of the application of the Public Service Act to subsections (1) and (2) of this section, the chief civilian director is a deputy minister.

(5) The chief civilian director may retain consultants, experts, specialists and other persons the chief civilian director considers necessary to enable or assist the chief civilian director in exercising powers or performing duties of the chief civilian director under this Act.

(6) The chief civilian director may establish the remuneration and other terms and conditions of a person retained under subsection (5).

(7) The Public Service Act does not apply in respect of a person retained under subsection (5).

Jurisdiction of chief civilian director and IIO investigators

38.07  (1) The chief civilian director and each IIO investigator have

(a) all of the powers, duties and immunities of a peace officer and constable at common law or under any Act, and

(b) jurisdiction throughout British Columbia while carrying out those duties and exercising those powers.

(2) An IIO investigator is under the exclusive command and direction of the chief civilian director while serving with the independent investigations office.

Civilian monitors

38.08  (1) The chief civilian director may appoint a person who is not a current or former member of a police force in British Columbia or the Royal Canadian Mounted Police to review and assess the integrity of a specific investigation in accordance with this section and the terms of reference, if any, established by the chief civilian director in the appointment.

(2) Before beginning to exercise powers and perform duties, a civilian monitor appointed under subsection (1) must take an oath before the chief civilian director

(a) to faithfully and impartially review and assess the integrity of the independent investigations office investigation in accordance with this section and the terms of reference, if any, established by the chief civilian director in the appointment, and

(b) not to divulge any information obtained as civilian monitor, except in accordance with this section.

(3) For the purposes of subsection (2), the chief civilian director is a commissioner for taking affidavits in British Columbia.

(4) A civilian monitor is not entitled to participate in, attend or conduct an independent investigations office investigation under this Part, but the civilian monitor

(a) is entitled access at reasonable times to any record of the independent investigations office that is directly related to the investigation in respect of which the civilian monitor is appointed and the duty of the civilian monitor described in subsection (2) (a) in respect of that investigation, and

(b) may request an interview with or statement from a staff member of the independent investigations office or an IIO investigator in order to assist the civilian monitor in the performance of that duty.

(5) A person to whom a request is made under subsection (4) (b) must comply with that request.

(6) Staff members of the independent investigations office and IIO investigators

(a) have a duty to cooperate with a civilian monitor in the exercise of powers or performance of duties under this Act, and

(b) must comply with regulations, if any, made under section 74 (2) (t.3).

(7) Within 30 days after the conclusion of the investigation in respect of which the civilian monitor is appointed, the civilian monitor must provide a written report to the chief civilian director respecting the civilian monitor's assessment of the integrity of the investigation.

(8) If a civilian monitor considers it necessary or advisable at any time before the conclusion of the investigation in respect of which the civilian monitor is appointed, the civilian monitor may provide an interim report to the chief civilian director respecting the civilian monitor's assessment of the integrity of the investigation.

Immediate reporting of critical incidents and steps to be
taken for takeover by independent investigations office

38.09  (1) When an officer is at the scene of an incident where it appears that

(a) a person may have died or suffered serious harm as a result of the actions of an officer, whether on or off duty, or

(b) an officer, whether on or off duty, may have contravened a prescribed provision of the Criminal Code or a prescribed provision of another federal or provincial enactment,

the officer must immediately notify the independent investigations office in accordance with the guidelines established by the chief civilian director.

(2) Until IIO investigators arrive at the scene of the incident, the officers at the scene must take any lawful measures that appear to the officers to be necessary or expedient for the purposes of obtaining and preserving evidence relating to the matter.

(3) On arriving at the scene of the incident, one or more IIO investigators must take over and conduct the investigation of the incident under this Part.

Immediate reporting of critical investigations and
takeover by independent investigations office

38.10  (1) When a police service is conducting an investigation into the conduct of an officer under Part 11 [Misconduct, Complaints, Investigations, Discipline and Proceedings] and there is evidence that the officer may have, whether on or off duty,

(a) caused the death of a person,

(b) caused a person serious harm, or

(c) contravened a prescribed provision of the Criminal Code or a prescribed provision of another federal or provincial enactment,

the chief of the police service must immediately notify the independent investigations office in accordance with the guidelines of the chief civilian director.

(2) When the independent investigations office receives notice under this section, one or more of its members must initiate and conduct an investigation into the matter under this Part.

Report to Crown counsel

38.11  If after an investigation by the independent investigations office is concluded the chief civilian director considers that an officer may have committed an offence under any enactment, including an enactment of Canada or another province, the chief civilian director must report the matter to Crown counsel.

Investigation records and annual reports

38.12  The chief civilian director must

(a) establish and maintain a record of each investigation conducted by the independent investigations office under this Part, including all records related to each of those investigations,

(b) compile statistical information in respect of records referred to in paragraph (a), including, without limitation,

(i) information respecting the number and frequency of investigations or of different types or classes of investigations, and the outcome or resolution of them, and

(ii) any trends in relation to information compiled under subparagraph (i), and

(c) submit to the Attorney General an annual report of the information described in paragraph (b) and the operations of the independent investigations office.

Special committee to review administration
of independent investigations office

38.13  (1) In this section, "special committee" means a special committee of the Legislative Assembly that the Legislative Assembly appoints for the purposes of this section.

(2) Before January 1, 2015, the special committee must conduct a review of the following and submit a report under subsection (6):

(a) the administration and general operations of the independent investigations office;

(b) the chief civilian director's progress towards a goal of having an independent investigations office that is staffed entirely with employees and IIO investigators who have never served as officers or members of a police or law enforcement agency.

(3) As part of the review process contemplated by subsection (2), the special committee may

(a) request the chief civilian director to provide copies of any relevant records, information or reports respecting a matter of administration or general operations of the independent investigations office,

(b) review and consider the copies of records, information and reports referred to in paragraph (a) that the chief civilian director provides, and

(c) solicit and consider written and oral submissions from any interested person or organization.

(4) Subject to subsection (5), the chief civilian director must comply with a request of the special committee under subsection (3) (a).

(5) Before providing copies of the records, information and reports referred to in subsection (3) (a), the chief civilian director may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.

(6) Within one year after the date that the special committee is appointed, the special committee must submit a report respecting the results of the review under subsection (2) to the Legislative Assembly.

(7) A report submitted under subsection (6) may include any recommendations that the special committee considers necessary or appropriate.

9 Section 39 (1) is repealed and the following substituted:

(1) The minister must designate as the director of police services a person employed in the ministry and, on behalf of the minister and subject to the direction of the minister, the director is responsible for superintending policing and law enforcement functions in British Columbia.

10 Section 40 is amended

(a) in subsection (1) (a) (ii) (A) and (f) by striking out "officers" and substituting "officers or IIO investigators",

(b) in subsection (1) (a.1) (i) by striking out "officers" and substituting "officers or IIO investigators",

(c) in subsection (1) (a) (ii) (B), (C) and (D) by striking out "officers" and substituting "officers, IIO investigators or the chief civilian director",

(d) in subsection (1) (a.1) (ii) by striking out "officers" and substituting "officers, IIO investigators or the chief civilian director",

(e) in subsection (1) (c) by striking out "chief constables," and substituting "chief civilian director, chief constables,",

(f) in subsection (1) (e) (i) and (ii) by striking out "officers or" and substituting "officers or IIO investigators or",

(g) in subsection (1) (g) by striking out "the provincial police force," and substituting "the independent investigations office, provincial police force,",

(h) in subsection (1.2) (a) by striking out "a municipal police board," and substituting "a municipal police board, the chief civilian director,", and

(i) in subsection (1.2) (a) (iii) by striking out "municipal police board," and substituting "municipal police board, chief civilian director,".

11 Section 44 is amended

(a) in subsection (1) by striking out "committed by any person appointed under this Act" and substituting "committed by a person appointed under this Act or a member of the Royal Canadian Mounted Police",

(b) in subsection (2) by striking out "performed by the person and in the manner specified" and substituting "performed by the police force or the person and in the manner specified", and

(c) in subsection (3) by striking out "ordered by the minister" and substituting "ordered by the minister or the director".

12 Section 74 (2) is amended

(a) by adding the following paragraphs:

(t.1) prescribing the qualifications for appointments under section 38.06 (1) [independent investigations office staff];

(t.2) prescribing the qualifications for appointments under section 38.06 (2) [IIO investigators];

(t.3) establishing procedures that must be followed or performed by IIO investigators and staff members of the independent investigations office in order to assist civilian monitors in their reviews and assessments under section 38.08 [civilian monitors];

(t.4) prescribing provisions of the Criminal Code or another federal or provincial enactment for the purposes of the following provisions of this Act:

(i) section 38.09 (1) (b) [immediate reporting of critical incidents];

(ii) section 38.10 (1) (c) [immediate reporting of critical investigations];

(iii) section 177.1 (c) [duty of police complaint commissioner to notify IIO]; , and

(b) in paragraph (u) by striking out "of a class of officers" and substituting "of a class of officers or of IIO investigators".

13 Section 92 (6) is amended by striking out "subsection (1) (b) or subsection (3) (b)" and substituting "subsection (1) (b) or (3) (b)".

14 Section 125 is amended

(a) by renumbering the section as section 125 (1),

(b) in subsection (1) (d) by striking out "and consider", and

(c) by adding the following subsection:

(2) Submissions referred to in subsection (1) (d) must be made to the discipline authority within 10 business days after receiving a copy of the form referred to in subsection (1) (c).

15 Sections 128 (1), 133 (1) (a) (i), 138 (1) (c) (i) and 183 (6) (b) (vii) are amended by striking out "section 125" and substituting "section 125 (1)".

16 Section 141 is amended by adding the following subsection:

(11) Within 10 business days after reaching a decision under subsection (10), the adjudicator must provide notice of the decision, together with written reasons, to the following:

(a) the complainant, if any;

(b) the member or former member whose conduct is the subject of the review;

(c) a chief constable or chair of the board of the municipal police department with which the member is employed or former member was employed at the time of the conduct of concern;

(d) the discipline authority involved in the matter, if different than a chief constable or chair of the board referred to in paragraph (c);

(e) the police complaint commissioner.

17 The following section is added:

Duty of police complaint commissioner to notify independent investigations office if complaint or report involves death, serious harm or specified contraventions

177.1  When the police complaint commissioner receives a complaint or report, whether directly or indirectly under section 78 (2) (a) or (b) or 89 or otherwise, that a member has, whether on or off duty,

(a) caused the death of a person,

(b) caused a person serious harm, or

(c) contravened a prescribed provision of the Criminal Code or a prescribed provision of another federal or provincial enactment,

the police complaint commissioner must immediately notify the independent investigations office.

18 Section 180 is amended

(a) in subsection (1) by adding the following paragraphs:

(c.1) a record of each complaint against the member or former member that is withdrawn by the complainant under section 94 [withdrawal of complaint by complainant], noting whether the police complaint commissioner has ordered or continued an investigation into the matter under that section;

(c.2) a record of each investigation initiated in respect of the member or former member, or each complaint against the member or former member, in respect of which the police complaint commissioner issues a direction under section 109 (1) [power to discontinue investigation]; ,

(b) in subsection (8) by striking out "no other complaint" wherever it appears and substituting "subject to subsection (9), no other complaint",

(c) in subsection (8) (b) (i) by striking out "or to undertake counselling or treatment, and" and substituting "to undertake counselling or treatment, or to participate in a program or activity, and", and

(d) by adding the following subsections:

(9) An admissible complaint and any investigation initiated into the matter is irrelevant and not to be considered for the purposes of subsection (8) (a), (b) or (c) when the complaint

(a) is withdrawn by the complainant under section 94 [withdrawal of complaint by complainant] and the police complaint commissioner does not order or continue an investigation into the matter under that section, or

(b) is a complaint in respect of which the police complaint commissioner issues a direction under section 109 (1) [power to discontinue investigation] to discontinue an investigation into the matter.

(10) If a complaint and investigation are irrelevant under subsection (9) and no other admissible complaint has been made and no other investigation has been initiated in relation to the member within the applicable 2-year, 3-year or 5-year period described in subsection (8) (a), (b) or (c), as the case may be, the records referred to in that subsection must be expunged in accordance with that subsection.

19 Section 184 (2) (i) is repealed and the following substituted:

(i) respecting the handling of complaints against IIO investigators, the chief civilian director or officers other than municipal constables, the investigation of those complaints and the discipline of those persons, including, without limitation, making all or any part of Part 11 applicable, with any changes the minister considers necessary or advisable, to the IIO investigators, the chief civilian director or a class of officers other than municipal constables; .

Freedom of Information and Protection of Privacy Act

20 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Public Service Labour Relations Act

21 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by adding the following paragraph:

(f.5) a person appointed to serve as an investigator under section 38.06 (2) [IIO investigators] of the Police Act; .

Commencement

22  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: