Police Conduct and Oversight Regulation

(Consolidated up to 33/2026) ALBERTA REGULATION 263/2025 Police Act POLICE CONDUCT AND OVERSIGHT REGULATION Table of Contents 1 Definitions Competency for Appointment, Probationary Periods and Non‑disciplinary Terminations 2 Competency for appointment 3 Probationary periods 4 Non‑disciplinary terminations Police Review Commission 5 Police Review Commission 6 Powers and duties of chief executive officer 7 Systemic reviews 8 Registrar 9 Records Complaints — General 10 Timeline for investigation Level 1 and 2 Complaints 11 Investigations by another police service or integrated investigative unit 12 Segregation of police officers 13 Status of police officer 14 Officer’s notes 15 Witness interviews Level 2 and 3 Complaints 16 Time limits for complaints 17 Alternative dispute resolution Level 3 Complaints 18 Discipline of police officers 19 Statements 20 Interviews and records for Level 3 complaints 21 Submissions from officer’s employer 22 Citation of a police officer 23 New evidence 24 Presiding officer 25 Presenting officer 26 Procuring witnesses 27 Time limits for hearing 28 Holding of hearing 29 Submissions 30 Penalties 31 Application of penalties 32 Disposition without hearing 33 Relief from duty 34 Return of back pay, etc. 35 Record of proceedings 36 Records of discipline 37 Retirements and resignations Level 4 and 5 Complaints 38 Assessment and employee management procedures General 39 Responding to concerns 40 Revocation of commission 41 Factors to be considered by board 42 Application to chief of police Transitional, Repeal, Expiry and Coming into Force 43 Transitional 44 Repeal 45 Expiry 46 Coming into force Definitions 1 In this Regulation, (a) “investigator” means a person conducting an investigation under the Act or this Regulation; (b) “Level 1 complaint” means a complaint categorized as a Level 1 complaint under section 42.2(5) of the Act or an incident referred to in that section; (c) “Level 2 complaint” means a complaint categorized as a Level 2 complaint under section 42.2(5) of the Act; (d) “Level 3 complaint” means a complaint categorized as a Level 3 complaint under section 42.2(5) of the Act; (e) “Level 4 complaint” means a complaint categorized as a Level 4 complaint under section 42.2(5) of the Act; (f) “Level 5 complaint” means a complaint categorized as a Level 5 complaint under section 42.2(5) of the Act; (g) “officer’s notes” includes reports, notes, accounts, statements or other memoranda of information, whether in writing or electronic form or represented or reproduced by any other means, that a police officer creates; (h) “person in charge of the investigation” means the chief executive officer, the head of an integrated investigative unit under section 43.3(2)(a) of the Act or the chief of a police service or officer in charge of a police service conducting an investigation under the Act, as the case may be, and includes a person acting under the authority of that person; (i) “police service of jurisdiction” means the police service that a subject officer is a member of; (j) “presenting officer” means a police officer, lawyer or other person appointed by the chief executive officer under section 47(1)(b) of the Act and section 25 of this Regulation; (k) “presiding officer” means a person appointed as a presiding officer under section 47(1)(a) of the Act and section 24 of this Regulation; (l) “record” includes (i) a book, record, document, account, statement, report, return, officer’s notes or other memorandum of information, whether in writing or in electronic form, or represented or reproduced by any other means, and (ii) the results of the recording of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate; (m) “registrar” means the registrar for the Police Review Commission appointed under section 42.01(2)(b) of the Act; (n) “senior officer” means a police officer who (i) holds a rank of not less than inspector, or (ii) is designated by a chief of police as a senior officer for the purposes of this Regulation; (o) “subject officer” means a police officer who is the subject of a Level 1 complaint, Level 2 complaint or Level 3 complaint; (p) “witness officer” means a police officer or a peace officer as defined in the Peace Officer Act who is a witness to or has material information in relation to a Level 1 complaint, Level 2 complaint or Level 3 complaint. AR 263/2025 s1;33/2026 Competency for Appointment, Probationary Periods and Non‑disciplinary Terminations Competency for appointment 2 For a person to be appointed as a police officer under section 36 of the Act, the person must, with respect to the carrying out of the duties of a police officer, meet those basic standards of skill and knowledge that are acceptable to the Minister. Probationary periods 3 (1) A person who (a) is appointed as a police officer shall serve as a police officer for a probationary period of 18 months before the person’s employment as a police officer is confirmed, or (b) is a police officer in a police service and is promoted to a higher rank within the police service shall serve in that higher rank for a probationary period of 6 months before the officer’s employment in that rank is confirmed. (2) During the time that a police officer, other than the chief of police, is serving a probationary period, the police officer must be provided with periodic reviews of the police officer’s performance by the chief of police. (3) Notwithstanding subsection (1), where a person is appointed as a police officer other than as chief of police, the chief of police may, at any time prior to the expiration of that police officer’s probationary period, (a) cancel the probationary period and confirm the employment of the police officer, or (b) terminate the services of the police officer under section 37(2) of the Act. (4) Before terminating the services of a police officer under subsection (3)(b), the chief of police shall (a) inform the police officer in writing of the reasons for terminating the services of the police officer, and (b) give the police officer an opportunity to respond to the termination decision before the decision is finalized. (5) Notwithstanding subsection (1), where a police officer is promoted to a position of higher rank, the chief of police may at any time prior to the expiration of the police officer’s probationary period (a) cancel the probationary period and confirm the promotion of the police officer, or (b) return the police officer to the police officer’s former rank after (i) informing the police officer in writing of the reasons for doing so, and (ii) giving the police officer an opportunity to respond to the decision. (6) Notwithstanding subsection (1)(a) and (b), a chief of police may extend a probationary period for additional periods of up to 6 months each if the chief of police and the police officer on probation agree that the extension is necessary or beneficial in the circumstances. (7) If there is no agreement under subsection (6), the chief of police shall refer the decision as to whether the probationary period may be extended to the commission or Oversight Board, as the case may be. (8) Where a decision is referred to the commission or Oversight Board under subsection (7), the commission or Oversight Board may extend the probationary period for periods of up to 6 months each if the commission or Oversight Board believes an extension is necessary or beneficial in the circumstances. Non‑disciplinary terminations 4 Where a chief of police seeks to dismiss a police officer under section 37(2)(b) of the Act due to deficiencies in the police officer’s performance, (a) the chief of police must satisfy the commission or the Oversight Board, as the case may be, that the police service (i) adequately brought the police officer’s deficiencies to the police officer’s attention, and (ii) provided the police officer with a reasonable opportunity to become fit for the police officer’s position as a police officer in accordance with any applicable collective agreement, and (b) the chief of police must receive written confirmation that the commission or the Oversight Board, as the case may be, is satisfied in relation to the requirements under clause (a) before proceeding with the dismissal. Police Review Commission Police Review Commission 5 When carrying out its powers and duties under Part 5 of the Act and this Regulation, the Police Review Commission shall take a supportive, restorative and remedial approach in matters relating to complaints and the discipline of police officers, while taking into account the well‑being of the entire community. Powers and duties of chief executive officer 6 (1) The chief executive officer must ensure a structured and fair process for handling complaints about police conduct that promotes transparency and accountability in law enforcement. (2) The chief executive officer may establish rules (a) facilitating the operation of the Police Review Commission, (b) regarding the discharge of the duties and responsibilities of the Police Review Commission and the chief executive officer, and (c) governing the complaints procedure, including (i) the management of complaints by the Police Review Commission, (ii) timeframes for actions within the complaint process, and (iii) the collection of socio‑demographic and race‑based data in relation to the submission of complaints. (3) A rule established under subsection (2) (a) must be made publicly available, and (b) is binding on the persons to whom the rule applies. (4) The chief executive officer may review and reclassify a complaint according to the classifications listed in section 42.2 of the Act at any time during the investigation of the complaint. (5) If a complaint is reclassified, the reclassified complaint shall be administered in accordance with section 42.2(7) of the Act. Systemic reviews 7 (1) If it is in the public interest, the chief executive officer may engage in a systemic review of (a) a police service, (b) patterns respecting police conduct and complaints, (c) the complaints review and investigation process, or (d) any other matter the chief executive officer considers appropriate. (2) Before commencing a systemic review that pertains to a police service, a commission or the Oversight Board, the chief executive officer shall notify in writing the chief of police, the commission or the Oversight Board, or any or all of them as the case may be, of the chief executive officer’s intention to initiate the systemic review. (3) For the purposes of enabling the chief executive officer to engage in a systemic review, the chief executive officer may require a chief of police, a commission or the Oversight Board to provide the chief executive officer with records and information, in the form and manner directed by the chief executive officer, that the chief executive officer believes may be relevant to the systemic review. (4) Records and information must be provided to the chief executive officer as soon as practicable and within the period established by the chief executive officer. (5) The chief executive officer must publicly report the results of a systemic review. (6) Where a systemic review pertains to them, the chief of police, commission or Oversight Board, or any or all of them as the case may be, must respond to the chief executive officer’s report. Registrar 8 (1) For the purposes of administering hearings under Part 5 of the Act, the registrar, (a) prior to the commencement of a hearing, (i) may receive submissions from the chief of police or employer of a police officer or chief of police subject to a hearing, as the case may be, and (ii) must provide submissions received under subclause (i) to the presiding officer for the presiding officer’s consideration, and (b) must do the following: (i) recruit and maintain a roster of qualified presiding officers in accordance with section 24; (ii) make and administer policies and procedures for the efficient operation and conduct of hearings; (iii) prepare and distribute the record of proceedings for each hearing to the parties to the hearing; (iv) retain the record of proceedings until all appeal or judicial review periods have expired or any appeals or judicial reviews have been completed, and in accordance with any applicable policies or procedures; (v) oversee and administer hearings to ensure compliance with the Act, the regulations, other relevant legislation and policies and procedures implemented by the registrar under subclause (ii). (2) The registrar may appoint the registrar to the roster of presiding officers under section 42.01(3)(a) of the Act and may serve as a presiding officer for a hearing under Part 5 of the Act. (3) Where a hearing or a portion of a hearing conducted under Part 5 of the Act is public, the registrar shall publish the decisions arising from the hearing or the portion of the hearing held in public, subject to applicable legislation. (4) The registrar shall determine the form of a written decision for the purposes of subsection (3). (5) The registrar shall not publish the decisions or portions of the decisions arising from hearings or portions of hearings held in private except as specified by the presiding officer under section 28(5). Records 9 (1) The Police Review Commission may examine all or any part of a record of a police service, commission or the Oversight Board and may require a police service, commission or the Oversight Board to provide the Police Review Commission with a copy of all or any part of a record that is relevant to the exercise of the Police Review Commission’s powers or the performance of its duties and functions under the Act. (2) A police service, commission or the Oversight Board shall provide the Police Review Commission with any records to which the Police Review Commission is entitled under subsection (1). (3) The chief executive officer may make rules respecting how a police service, commission or the Oversight Board is required to share information or records with the Police Review Commission. (4) On becoming aware that a police officer has engaged in behaviour that may constitute a contravention of section 18, the chief of police shall ensure that all existing records held by the police service relevant to the alleged contravention are preserved. (5) On becoming aware that a chief of police has engaged in behaviour that may constitute a contravention of section 18, the commission or the Oversight Board, as the case may be, shall ensure that all existing records held by the commission or the Oversight Board relevant to the alleged contravention are preserved. Complaints — General Timeline for investigation 10 (1) The chief executive officer must make reasonable efforts to ensure that an investigation into a Level 1 complaint, Level 2 complaint or Level 3 complaint is completed within 180 days of the complaint being categorized by the chief executive officer under section 42.2(4) and (5) of the Act. (2) The chief executive officer must, at least once each year, publish a report that (a) identifies the number of investigations during that year that were not completed within the 180‑day period referred to in subsection (1), and (b) provides a general overview of why those investigations were not completed within that 180‑day period. Level 1 and 2 Complaints Investigations by another police service or integrated investigative unit 11 When the chief executive officer under section 43.2(4) or 43.4(1) of the Act has requested or directed another police service or the head of an integrated investigative unit to conduct an investigation into a Level 1 complaint or Level 2 complaint, the chief of the police service that has jurisdiction over the location where the incident that led to the complaint occurred must ensure that the location of the incident is secured in a manner consistent with the policies and practices of the police service for these complaints, pending the other police service or integrated investigative unit taking charge of the location. Segregation of police officers 12 (1) When a Level 1 complaint or Level 2 complaint is investigated under section 43.2 or 43.4 of the Act, the chief of the police service of jurisdiction must, to the extent practicable, segregate all police officers involved in the incident that led to the complaint from each other. (2) A police officer referred to in subsection (1) shall not communicate with any other police officer who was involved in the incident that led to the complaint concerning the details of the complaint until the person in charge of the investigation informs the police officer that communication between the police officers can resume. Status of police officer 13 (1) In this section and section 14, as the circumstances require, (a) a reference to a police officer who is a witness officer is to be read as including a witness officer who is a peace officer; (b) a reference to the chief of the police service the police officer is a member of is to be read as including the authorized employer as defined in the Peace Officer Act in the case of a peace officer. (2) The person in charge of the investigation must, (a) before requesting copies of the officer’s notes of a police officer under section 14 or directing an interview with a police officer under section 15, (i) determine whether the police officer is a subject officer or a witness officer, and (ii) advise the police officer in writing of the determination, and (b) as soon as practicable, advise the chief of the police service of jurisdiction in writing concerning the determination of whether the police officer is a subject officer or a witness officer. (3) The person in charge of the investigation must advise the chief of the police service of jurisdiction and the police officer in writing if, at any time after advising the chief of police and the police officer under subsection (2) of the police officer’s status, the person in charge of the investigation decides that a police officer formerly considered to be a subject officer is now considered to be a witness officer or an officer formerly considered to be a witness officer is now considered to be a subject officer. (4) If, after interviewing a police officer who was considered to be a witness officer when the interview was requested under section 15, or after obtaining a copy of the officer’s notes of a police officer who was considered to be a witness officer when the officer’s notes were requested, the person in charge of the investigation decides that the police officer is a subject officer, the person in charge of the investigation must (a) give the police officer the original and all copies of the record of the interview, if any, and (b) subject to subsection (5), give the chief of the police service of jurisdiction the original and all copies of the officer’s notes of the subject officer. (5) If a police officer is not a member of the police service of jurisdiction, the chief of the police service the police officer is a member of shall be (a) advised of the determination referred to in subsection (2)(b), (b) advised of a decision referred to in subsection (3) or (4), and (c) given the original and all copies of the officer’s notes of the subject officer. Officer’s notes 14 (1) A witness officer must complete the officer’s notes of the witness officer in respect of a Level 1 complaint or Level 2 complaint in accordance with the procedures of the witness officer’s employer and, subject to subsection (3), provide the officer’s notes to the chief of the police service the police officer is a member of within 24 hours after a request for the officer’s notes is made by the investigator to the chief of police. (2) Subject to subsection (3), the chief of the police service the police officer is a member of shall provide copies of the officer’s notes of a witness officer to the investigator on request and no later than 24 hours after the request is made. (3) The person in charge of the investigation may extend the time within which copies of the officer’s notes of a witness officer must be provided to the investigator by the chief of police under subsection (2). (4) A subject officer must complete the officer’s notes of the subject officer in respect of a Level 1 complaint or Level 2 complaint in accordance with the procedures of the subject officer’s employer. (5) A subject officer is not required to provide the officer’s notes of the subject officer to an investigator, and no other person may provide the officer’s notes of the subject officer to an investigator without the express permission of the subject officer. Witness interviews 15 (1) The person in charge of the investigation may direct a witness officer to attend an interview and answer questions about a Level 1 complaint or Level 2 complaint. (2) A witness officer directed under subsection (1) to attend an interview must do so (a) immediately and as directed, or (b) if there are appropriate grounds for delay, as soon as practicable and as directed. (3) When (a) a witness officer is directed under subsection (1) to attend an interview and answer questions, and (b) in accordance with that direction, the witness officer attends an interview and answers questions, a statement made during that interview shall be regarded as an involuntary statement and is not admissible in evidence in any proceedings carried out against the witness officer under this Act or the Peace Officer Act , except to prove that the statement is false. (4) When practicable, the interview must be recorded by audio recording or video recording. (5) A witness officer directed under subsection (1) to attend an interview must be provided with a copy of any recording of the interview made under subsection (4). Level 2 and 3 Complaints Time limits for complaints 16 When determining whether to extend the time for making a Level 2 complaint or Level 3 complaint under section 43(2) of the Act, the chief executive officer shall consider (a) whether the complainant is or was subject to a criminal investigation or proceeding in respect of the events underlying the complaint, and (b) whether, having regard to all the circumstances, it is in the public interest for the complaint to be investigated. Alternative dispute resolution 17 (1) In this section, “alternative dispute resolution” means a voluntary process used to resolve complaints outside of the formal disciplinary process. (2) Based on the chief executive officer’s discretion and the circumstances of the case, the chief executive officer may refer a complaint to alternative dispute resolution if the complaint is categorized as a Level 2 complaint or Level 3 complaint and the chief executive officer determines that alternative dispute resolution is in the public interest. (3) If a complaint is referred to alternative dispute resolution, (a) both the complainant and the subject officer must consent to participate, and (b) the alternative dispute resolution must be completed as soon as practicable. (4) Either party participating in alternative dispute resolution may withdraw their consent to participate at any time before an outcome is reached. (5) Alternative dispute resolution shall be confidential and no statement made or record generated during alternative dispute resolution may be used in any subsequent hearing or proceeding except as required to confirm and enforce an agreement for resolving a complaint made during alternative dispute resolution. Level 3 Complaints Discipline of police officers 18 (1) For the purposes of the Act, the following actions constitute a contravention of the regulations governing the discipline of police officers when rationally connected to a police officer’s role or duties: (a) breach of confidence; (b) consumption or use of alcohol or drugs in a manner that renders the officer unfit for duty; (c) corrupt practice; (d) deceit; (e) discreditable conduct; (f) improper use of firearms; (g) insubordination; (h) neglect of duty; (i) unlawful or unnecessary exercise of authority. (2) For the purposes of subsection (1), (a) “breach of confidence” means engaging in one or more of the following: (i) divulging any matter that is in the police officer’s duty to keep confidential; (ii) giving notice, directly or indirectly, to any person against whom a warrant or summons has been or is about to be issued, except in the lawful execution of the warrant or service of the summons; (iii) without proper authorization from a superior police officer or in contravention of any rules of the police service of which the police officer is a member, communicating to the news media or to any unauthorized person any matter connected with the police service; (iv) without proper authorization from a superior police officer, showing any record that is the property of or in the custody of the police service to (A) any person who is not a member of the police service, or (B) any unauthorized member of the police service; (v) signing or circulating a petition or statement in respect of a matter concerning the police service, except through the proper official channel or correspondence or established grievance procedure; (b) “consumption or use of alcohol or drugs in a manner that renders an officer unfit for duty” means engaging in one or more of the following: (i) consuming alcohol while on duty unless otherwise authorized to do so by a superior police officer; (ii) consuming or otherwise using drugs that are prohibited by law from being in the police officer’s possession; (iii) reporting for duty, being on duty or standing by for duty while not being able to safely and acceptably perform assigned duties without any limitations due to impairment from drugs, alcohol, cannabis or medication; (iv) demanding, persuading or attempting to persuade another person to give, purchase or obtain drugs, alcohol, cannabis or medication for a police officer who is on duty; (c) “corrupt practice” means engaging in one or more of the following: (i) failing to account for or to make a prompt and true return of money or property that the police officer received in the police officer’s capacity as a police officer; (ii) directly or indirectly soliciting or receiving a payment, gift, pass, subscription, testimonial or favour without the consent of the chief of police; (iii) undertaking a financial, contractual or other obligation to a person in respect of whom the police officer could reasonably expect to be required to report on or give evidence on; (iv) without adequate reason, using the police officer’s position as a police officer for the police officer’s personal advantage or another person’s advantage; (d) “deceit” means engaging in one or more of the following: (i) wilfully or negligently making or signing a false, misleading or inaccurate statement or entry in an official document or record; (ii) wilfully or negligently making or signing a false, misleading or inaccurate statement pertaining to the police officer’s official duties; (iii) without a lawful excuse, (A) destroying, mutilating or concealing an official document or record, or (B) altering or erasing an entry in an official document or record; (e) “discreditable conduct” means engaging in one or more of the following: (i) contravening the following where the contravention would be prejudicial to discipline or likely to discredit or harm the reputation of the police service: (A) an Act of the Parliament of Canada; (B) an Act of the Legislature of Alberta; (C) a regulation made under an Act of either the Parliament of Canada or the Legislature of Alberta; (ii) sexual misconduct; (iii) using profane, abusive or insulting language toward a member of a police service or a member of the general public; (iv) wilfully or negligently making a false complaint or statement against a member of a police service; (v) withholding or suppressing a complaint against or a report made in respect of a police officer or police service; (vi) abetting in or knowingly being an accessory to a contravention of this section by another police officer; (vii) differentially applying the law or exercising authority on the basis of race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation; (f) “improper use of firearms” means engaging in one or more of the following: (i) while on duty, having in the police officer’s possession any firearm other than one that is issued to the police officer by the police service; (ii) while on duty, other than when on a firearm training exercise, discharging a firearm, whether intentionally or by accident, and not reporting the discharge of the firearm as soon as practicable to the police officer’s superior officer; (iii) failing to exercise sound judgment and restraint in respect of the use and care of a firearm; (g) “insubordination” means engaging in one or both of the following: (i) disobeying a superior police officer by word or action; (ii) omitting or neglecting, without adequate reason, to carry out a lawful order, directive, rule or policy of the commission, the chief of police or any other person who has the authority to issue or make that order, directive, rule or policy; (iii) in the case of the chief of an independent agency police service, omitting or neglecting, without adequate reason, to carry out a direction of the Oversight Board; (h) “neglect of duty” means engaging in one or more of the following: (i) neglecting, without a lawful excuse, to promptly and diligently perform the police officer’s duties; (ii) failing to work in accordance with orders or leaving an area, detail or other place of duty without due permission or cause; (iii) permitting a prisoner to escape due to carelessness or negligence; (iv) failing, when knowing where an offender is to be found, to report the offender or make reasonable efforts to bring the offender to justice; (v) failing to report a matter that is the police officer’s duty to report; (vi) failing to report anything that the police officer knows concerning a criminal or other charge; (vii) failing to disclose any evidence that the police officer, or any other person to the police officer’s knowledge, can give for or against any prisoner or defendant; (i) “unlawful or unnecessary exercise of authority” means engaging in one or both of the following: (i) exercising the police officer’s authority as a police officer when it is unlawful or unnecessary to do so; (ii) applying inappropriate force in circumstances in which force is used. Statements 19 (1) In this section, “explanatory report” means (a) a report completed by a subject officer in the subject officer’s own words in response to a Level 3 complaint, setting out the subject officer’s version of the subject‑matter of the complaint, or (b) a report completed by a witness officer in the witness officer’s own words in response to a Level 3 complaint, setting out the witness officer’s knowledge of any matters pertaining to the complaint. (2) When an investigation is carried out in respect of a Level 3 complaint, the person in charge of the investigation must (a) advise the subject officer of the details of the complaint, (b) provide the subject officer with a copy of all statements made by the complainant, and (c) provide the subject officer with any other relevant and material information, as determined by the person in charge of the investigation. (3) A police officer in respect of whom an investigation into a Level 3 complaint is being carried out or a witness officer may voluntarily provide the investigator with an explanatory report. (4) The person in charge of the investigation may direct a subject officer or witness officer to provide the investigator with an explanatory report and the subject officer or witness officer must provide the report as soon as practicable. (5) When, (a) under subsection (4), a subject officer is directed by the person in charge of the investigation to provide an explanatory report, and (b) in accordance with that direction, the subject officer provides an explanatory report, that explanatory report shall be regarded as an involuntary statement and is not admissible in evidence in any proceeding carried out under the Act, except to prove that the statement is false. (6) When, (a) under subsection (4), a witness officer is directed by the person in charge of the investigation to provide an explanatory report, and (b) in accordance with that direction, the witness officer provides an explanatory report, that explanatory report shall be regarded as an involuntary statement and is not admissible in evidence in any proceeding carried out under this Act or the Peace Officer Act against the witness officer, except to prove that the statement is false. (7) A statement made under subsection (5) or (6) may be used by the chief executive officer for the purposes of section 43.5(4) and (6) of the Act. Interviews and records for Level 3 complaints 20 (1) When investigating a Level 3 complaint, the person in charge of the investigation may direct police officers, peace officers and employees and contractors of a police service to attend an interview and answer questions. (2) A person directed under subsection (1) to attend an interview shall do so (a) immediately and as directed, or (b) where there are appropriate grounds for delay, as soon as practicable and as directed. (3) When (a) a person is directed under subsection (1) to attend an interview and answer questions, and (b) in accordance with that direction, the person attends an interview and answers questions, a statement made during that interview shall be regarded as an involuntary statement and is not admissible in evidence in any proceedings carried out under this Act or the Peace Officer Act , except to prove that the statement is false. (4) When practicable, the interview must be recorded by audio recording or video recording. (5) A person directed under subsection (1) to attend an interview must be provided with a copy of any recording of the interview made under subsection (4). (6) During the investigation of a Level 3 complaint, the person in charge of the investigation may compel the production of records that are relevant and material to the investigation. Submissions from officer’s employer 21 When investigating a Level 3 complaint, the person in charge of the investigation may accept submissions relating to the complaint and its disposition from the subject officer’s employer. Citation of a police officer 22 (1) When, following an investigation, the chief executive officer determines that a police officer has contravened section 18, the chief executive officer may cite the police officer for contravening section 18. (2) Where a police officer is to be cited for contravening section 18, the citation shall be in writing and shall (a) identify the specific action listed under section 18(1) that the police officer is alleged to have committed, and (b) state the date, time and place that the police officer is to appear before a hearing regarding the alleged contravention. (3) A citation prepared under this section shall have attached to it (a) a statement setting out the particulars of the actions that the police officer is alleged to have committed that constitute the alleged contravention of section 18, and (b) a list of witnesses and a statement of the evidence to be introduced as evidence at the hearing. (4) A copy of the citation and attachments shall be served on the subject officer at least 10 days before the commencement of the hearing. New evidence 23 Notwithstanding section 22(3)(b), where evidence is obtained after service on the subject officer of the statement referred to in section 22(3), that evidence may be introduced at the hearing if the presiding officer is satisfied that (a) the evidence was not available at the time of service on the subject officer of the statement of evidence, and (b) the subject officer was given notice of the new evidence as soon as practicable. Presiding officer 24 (1) Any of the following persons may be appointed and serve as the presiding officer at a hearing: (a) subject to subsection (2), a currently serving or former police officer; (b) a former member of the judiciary, including judges of the Court of King’s Bench and the Court of Justice; (c) another individual with appropriate legal expertise and merit‑based qualifications, as determined by the registrar; (d) the registrar. (2) A police officer serving as a presiding officer in accordance with subsection (1)(a) must be senior in rank to the subject officer and must not serve in or have previously served in the same police service as the subject officer. (3) A person who meets the requirements of subsection (1) but who has direct knowledge of the investigation of the complaint is not eligible to be appointed to preside at a hearing arising from that investigation. Presenting officer 25 Where a hearing is to be held under Part 5 of the Act, the chief executive officer may appoint a police officer, a lawyer or any other person to serve as a presenting officer to present the case and the evidence against the subject officer. Procuring witnesses 26 (1) The presenting officer and the subject officer shall provide the presiding officer with the names of witnesses they intend to call to give evidence at the hearing by the date specified by the registrar. (2) Once the names of witnesses have been provided to the presiding officer under subsection (1), the presiding officer shall summon those witnesses to attend the hearing. Time limits for hearing 27 (1) Subject to section 47(3) of the Act, where a hearing is to be held under Part 5 of the Act, the hearing shall be commenced within a reasonable time of the date when a police officer is cited for contravening section 18. (2) Where a hearing is commenced under Part 5 of the Act, it shall, subject to section 47(1.1)(i) of the Act, be completed within a reasonable time and without undue delay. Holding of hearing 28 (1) Where a hearing is to be conducted under Part 5 of the Act, the hearing is to be conducted in public unless the presiding officer directs that the hearing or a portion of the hearing be held in private. (2) A presiding officer may only direct that a hearing or a portion of a hearing be held in private if it is in the public interest to do so. (3) When a hearing or a portion of a hearing is held in private, it may be attended only by those persons involved in the proceedings. (4) Notwithstanding subsection (3), when a hearing or a portion of a hearing is held in private and a minor is called to testify, a parent or representative of the minor may be present when the minor is testifying. (5) When a hearing or a portion of a hearing is held in private, the written decision from the hearing or the portion of the hearing held in private shall be confidential and only the persons whom the presiding officer specifies may receive a copy of the decision. Submissions 29 (1) The presiding officer of a hearing under Part 5 of the Act must accept submissions relating to the complaint and its disposition from a subject officer’s employer. (2) The presiding officer may, on application, accept submissions from any other person relating to the complaint and its disposition if the presiding officer believes that person would have relevant information specific to the complaint. Penalties 30 (1) Where at a hearing it is determined that a subject officer is guilty of contravening section 18, the presiding officer shall impose on the subject officer one or more of the following penalties: (a) a reprimand; (b) forfeiture of hours of work accumulated through overtime, not to exceed 40 hours; (c) suspension from duty without pay for a period not to exceed 80 hours of work; (d) reduction of seniority within a rank; (e) reduction in rank; (f) dismissal from the police service. (2) In addition to any penalty applied under subsection (1), the subject officer may also be directed to undertake special training, professional counselling, a course of treatment or participation in a rehabilitation program. (3) Where the presiding officer makes a finding that the subject officer is guilty of a contravention under section 18, the presiding officer may consult with the chief of police responsible for the subject officer with respect to the penalty to be imposed. Application of penalties 31 Where a subject officer is to be dismissed under section 30 (a) that action shall be held in abeyance, and (b) the subject officer shall be suspended from duty without pay until the period of appeal to the Law Enforcement Review Board has lapsed or until the appeal has been concluded. Disposition without hearing 32 (1) Where a matter is disposed of under section 43.5(6) of the Act without conducting a hearing, the chief executive officer may, (a) with or without the agreement of the subject officer, (i) dismiss the matter, (ii) issue an official warning, (iii) order the forfeiture of hours of work accumulated through overtime for a period not to exceed 20 hours of work, or (iv) suspend the police officer from duty without pay for a period not to exceed 20 hours of work, or (b) with the agreement of the subject officer, (i) issue a reprimand, (ii) order the forfeiture of hours of work accumulated through overtime for a period not to exceed 40 hours of work, (iii) suspend the police officer from duty without pay for a period not to exceed 80 hours of work, or (iv) take any other action that in the opinion of the chief executive officer is appropriate in the circumstances. (2) For the purpose of determining whether a matter may be disposed of in accordance with subsection (1), the chief executive officer shall consider the following factors: (a) whether the conduct of the subject officer (i) may constitute an offence under the Criminal Code (Canada), (ii) may constitute a breach of the Canadian Charter of Rights and Freedoms , or (iii) consisted of an act of deceit; (b) whether the subject officer’s behaviour is non‑cooperative or obstructive; (c) the subject officer’s disciplinary record. Relief from duty 33 (1) The chief of police may, after receiving the available evidence from the chief executive officer and reviewing that evidence, relieve from duty any police officer whom the chief of police suspects, on reasonable grounds, has contravened section 18. (2) A senior officer may exercise the power of the chief of police to relieve a police officer from duty under subsection (1) where the senior officer exercising that power is senior in rank to the police officer being relieved from duty. (3) The exercise of the power to relieve a police officer from duty under subsection (2) must be confirmed by the chief of police or the chief of police’s designate within 48 hours from the time of the exercise of that power if the police officer relieved from duty is to remain relieved from duty beyond that 48‑hour period. (4) A police officer relieved from duty shall, at the time of being relieved from duty, be informed of the reasons for being relieved from duty. (5) Where a police officer is relieved from duty and the police officer is informed orally of the reasons for being relieved from duty, the person who relieved the police officer from duty shall, within 24 hours from the time the police officer is relieved from duty, provide to that police officer written reasons for the police officer being relieved from duty. (6) If, within 7 days from the day that a police officer is relieved from duty, the police officer is not cited for a contravention of section 18, the police officer shall be returned to duty. (7) Notwithstanding subsection (6), the chief of police may, for cause, extend the period of time that a police officer is relieved from duty. (8) While relieved from duty, the police officer shall not (a) exercise any power or authority vested in a police officer, or (b) wear or use any article of uniform or equipment issued to the police officer by the police service. (9) A police officer who has been relieved from duty in accordance with this section shall be returned to duty (a) on the completion of any investigation, where the chief of police is satisfied that no further disciplinary action is required to be taken under the Act against the police officer, or (b) on the disposition of any citation, unless that disposition results in the suspension or dismissal of the police officer. (10) Where the chief of police, after receiving the available evidence from the chief executive officer and reviewing that evidence, is of the opinion that exceptional circumstances exist respecting the alleged contravention of section 18 by a police officer, the chief of police may relieve the police officer from duty without pay. (11) If the chief of police relieves a police officer from duty without pay, the chief of police must have that direction confirmed by the commission or the Oversight Board, as the case may be, within 30 days from the day that the police officer is relieved from duty without pay. (12) Where a police officer is relieved from duty without pay and (a) the commission or the Oversight Board, as the case may be, does not confirm that the police officer be relieved from duty without pay, or (b) the police officer is not cited for a contravention of section 18, all pay and benefits withheld from the police officer shall forthwith be returned to the officer. (13) Where a police officer is relieved from duty for a 30‑day period, the chief of police shall, at the conclusion of the 30‑day period and at the conclusion of any subsequent 30‑day period, report to the commission or the Oversight Board, as the case may be, as to the status of the matter. Return of back pay, etc. 34 (1) Where a subject officer is found guilty of a contravention of section 18 and loses or forfeits pay, benefits or time as a penalty, but on judicial review or appeal that penalty is reduced, the difference between the original penalty and the lessened penalty shall be returned to the subject officer. (2) Where a subject officer is cited for a contravention of section 18 and has been relieved from duty without pay, and, (a) on judicial review, the decision to relieve the subject officer from duty without pay is overturned, or (b) after being found guilty, the subject officer is found not guilty on judicial review or appeal, any penalty imposed on the subject officer shall be rescinded and any pay, benefits or time forfeited or lost by reason of the penalty shall be returned to the subject officer. Record of proceedings 35 (1) Where requested in writing by the subject officer, the registrar shall provide the subject officer with a copy of the record of proceedings from and any document and reports used in the subject officer’s hearing. (2) For the purposes of this section, the registrar may determine what constitutes the record of proceedings.

Records of discipline 36 When, and only when, (a) a period of 5 years has elapsed from the day that punishment is imposed on a police officer for a contravention of section 18, or (b) a period of not less than one and not more than 3 years, as specified in writing by the chief executive officer, has elapsed from the day that an action is taken in respect of a police officer under section 32(1), if during that time no other entries concerning a contravention of this Regulation have been made on the police officer’s record of discipline, then any record of the punishment, the contravention or the action taken shall (c) be removed from the police officer’s record of discipline and destroyed, and (d) not be used or referred to in any future proceedings respecting that police officer. Retirements and resignations 37 (1) In this section, “complaint file” means all records relating to a complaint, including the complaint submitted under section 42.1 of the Act, records of the Police Review Commission respecting the complaint, records related to the investigation of the complaint and records relating to a hearing respecting the complaint. (2) When a police officer retires or resigns while the police officer is the subject of an active Level 3 complaint, the chief of police responsible for the subject officer shall (a) keep a notation on the subject officer’s employment file that there was an active complaint at the time of the officer’s resignation or retirement, and (b) notify the chief executive officer of the resignation or retirement as soon as practicable. (3) When the chief executive officer is notified of a resignation or retirement in accordance with subsection (2)(b), the Police Review Commission shall retain the complaint file for a period of 5 years unless the chief executive officer determines that it is in the public interest to dispose of the complaint file earlier. (4) When a police officer retires or resigns during the course of an active Level 3 complaint, the chief executive officer may begin or continue an investigation when it is in the public interest to do so. Level 4 and 5 Complaints Assessment and employee management procedures 38 (1) This section applies to Level 4 complaints and Level 5 complaints. (2) Subject to the applicable collective agreement and Part 5 of the Act, each chief of police shall establish procedures for (a) evaluating the work performance of members of the police service, and (b) addressing deficiencies in work performance of members of the police service, including through the imposition of administrative measures. (3) Subject to the applicable employment contract, where a Level 4 complaint involves the conduct of a chief of police, the complaint must be forwarded to the commission or, in the case of a chief of police of an independent agency police service, to the Oversight Board, for the purpose of evaluating and addressing deficiencies in the work performance of the chief of police, including through the imposition of administrative measures. General Responding to concerns 39 (1) Where a member of the public brings a concern about a police officer to the attention of a police service but does not want to submit a complaint under the Act, (a) the police officer that the member of the public contacted to bring the concern to the attention of the police service shall make a record of the concern in accordance with the policies of the police service, and (b) the police officer must report the concern to the chief of police if, in the opinion of the police officer, the concern would meet the criteria for a Level 1 complaint, Level 2 complaint or Level 3 complaint if a complaint were submitted. (2) The chief of police may offer a response to address a concern that was brought to the attention of a police service under subsection (1) but the response may not impose punitive measures on a police officer. (3) The chief of police must (a) retain a record of how a concern reported to the chief of police under subsection (1)(b) was handled, in accordance with the records retention and disposition protocols of the police service, (b) provide records related to the concern if requested by the chief executive officer, and (c) make a complaint under section 42.1(1) of the Act if, in the opinion of the chief of police, the concern raised meets the criteria of a Level 1 complaint, Level 2 complaint or Level 3 complaint. (4) A complaint may lead to punitive measures being imposed on a police officer in accordance with the Act and this Regulation despite anything to the contrary in subsection (2). Revocation of commission 40 (1) In this section, “commission” means a commission issued under section 60.1 of the Act to a senior officer or chief of police. (2) A chief of police, in the case of a senior officer, or a police commission, in the case of a chief of police, may recommend to the Minister in writing that a commission previously issued to the senior officer or chief of police be revoked on any or all of the following grounds: (a) the senior officer or chief of police has been convicted of an offence under the Criminal Code (Canada); (b) the senior officer or chief of police has been found guilty of committing conduct described in section 32(2)(a); (c) the senior officer or chief of police is alleged to have engaged in conduct described in section 32(2)(a) that would, in the event of a hearing conducted under Part 5 of the Act, likely result in a finding of guilt; however, the senior officer or chief of police retired or resigned or a loss of jurisdiction occurred; (d) one of the following has requested that the commission be revoked for any other sufficient reason: (i) the senior officer or chief of police to whom the commission was issued; (ii) a chief of police in the case of a senior officer’s commission; (iii) a police commission in the case of a commission issued to a chief of police. Factors to be considered by board 41 (1) In this section, “Board” means the Law Enforcement Review Board. (2) The Board may only schedule a hearing of an appeal under section 19.2(2) of the Act from the findings of a hearing conducted under Part 5 of the Act and any action taken or to be taken under section 47(4) of the Act where (a) an appellant feels aggrieved by a decision of a presiding officer on the grounds that (i) the decision of the presiding officer or a prior decision by a chief of police, the chief executive officer, the commission or the Oversight Board was unreasonable, or (ii) the investigation into a complaint was tainted, flawed or grossly inadequate, and (b) the appellant has provided compelling evidence of the same. Application to chief of police 42 This Regulation applies to a chief of police in the same manner as it applies to a police officer except that any duty or responsibility that is placed on the chief of police under this Regulation shall be carried out by the chief executive officer. Transitional, Repeal, Expiry and Coming into Force Transitional 43 If an investigation into a complaint began prior to the coming into force of this section, the complaint must be investigated and administered under the Police Service Regulation (AR 356/90) as it read immediately before the coming into force of this section. Repeal 44 The Police Service Regulation (AR 356/90) is repealed by this Regulation. Expiry 45 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on January 31, 2030. Coming into force 46 This Regulation comes into force on the coming into force of the Police Amendment Act, 2022 .