SNL2024 CHAPTER L-7.2 - LAW ENFORCEMENT OVERSIGHT COMMISSION ACT [To be proclaimed]

SNL2024 CHAPTER L-7.2 LAW ENFORCEMENT OVERSIGHT COMMISSION ACT [To be proclaimed] Amended: CHAPTER L-7.2 AN ACT RESPECTING THE ESTABLISHMENT OF THE LAW ENFORCEMENT OVERSIGHT COMMISSION AND THE COMPLAINTS PROCESS RELATING TO LAW ENFORCEMENT OFFICERS (Assented to March 18, 2025) Analysis 1. Short title 2. Definitions PART I LAW ENFORCEMENT OVERSIGHT COMMISSION 3. Law Enforcement Oversight Commission 4. Commissioner 5. Powers and duties of commissioner 6. Officers, investigators and employees PART II COMPLAINTS 7. Filing of complaint 8. Time period to file complaint 9. Review of complaints 10. Complaint against chief or deputy chief 11. Refusal to investigate 12. Informal resolution 13. Complaint retained by commissioner 14. Complaint referred to chief 15. Public interest 16. Suspension of law enforcement officer 17. Withdrawal of complaint PART III INVESTIGATION IN ABSENCE OF COMPLAINT 18. Investigation in absence of complaint PART IV INVESTIGATIONS 19. Power of investigation 20. Telewarrant 21. Notice to director of Serious Incident Response Team 22. Criminal investigation PART V RECONSIDERATION AND APPEAL 23. Reconsideration 24. Appeal 25. Appeal panel 26. Hearings 27. Decision of appeal panel PART VI GENERAL 28. Delegation 29. Notice 30. Publication of summary 31. Annual report 32. Employment record 33. Regulations 34. Fees and forms PART VII TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT 35. Transitional 36. SNL2016 cI-2.1 Amdt. 37. RSNL1990 cP-43 Amdt. 38. SNL1992 cR-17 Amdt. 39. SNL2017 cS-13.003 Amdt. 40. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Law Enforcement Oversight Commission Act . 2025 cL-7.2 s1 Back to Top Definitions 2. In this Act (a) "association" means the association as defined in the Royal Newfoundland Constabulary Act, 1992 ; (b) "chief" means the head of a law enforcement agency; (c) "commissioner" means the person appointed under subsection 4(1); (d) "complaint" means a complaint filed under subsection 7(1) or 7(3); (e) "investigator" means an investigator appointed under section 6; (f) "law enforcement agency" means the constabulary as defined in the Royal Newfoundland Constabulary Act, 1992 ; (g) "law enforcement officer" means a police officer as defined in the Roya l Newfoundland Constabulary Act, 1992 ; (h) "minor disciplinary measures" means the disciplinary measures prescribed as minor in the regulations; (i) "misconduct" means conduct that contravenes the Royal Newfoundland Constabulary Act, 1992 and the regulations under that Act; and (j) "Serious Incident Response Team director" means the director of the Serious Incident Response Team appointed under section 4 of the Serious Incident Response Team Act . 2025 cL-7.2 s2 PART I LAW ENFORCEMENT OVERSIGHT COMMISSION Back to Top Law Enforcement Oversight Commission 3. The Law Enforcement Oversight Commission is established. 2025 cL-7.2 s3 Back to Top Commissioner 4. (1) The Lieutenant-Governor in Council shall appoint a person to be the commissioner of the commission. (2) The commissioner shall be appointed for a term of 5 years and may be reappointed. (3) Where the term of the commissioner expires, the commissioner continues to be the commissioner until reappointed or replaced. (4) The Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to the commissioner. (5) The Lieutenant-Governor in Council may appoint an interim commissioner for one term not exceeding one year where the commissioner (a) ceases to hold office; or (b) is unable to perform the duties of the commissioner's office. 2025 cL-7.2 s4 Back to Top Powers and duties of commissioner 5. (1) The commissioner (a) shall (i) deal with complaints made under this Act in accordance with this Act and the regulations, and (ii) perform the duties, and exercise the powers, that are set out under this Act and the regulations or another Act of the province; and (b) may (i) investigate misconduct of a law enforcement officer that comes to the attention of the commissioner absent a complaint, and (ii) review law enforcement agency policies and procedures and make recommendations to the chief and the minister regarding law enforcement agency policies and procedures. (2) The commissioner shall not consider a complaint which relates to Part IV of the Royal Newfoundland Constabulary Act, 1992 or an agreement resulting from negotiations under Part IV of that Act. 2025 cL-7.2 s5 Back to Top Officers, investigators and employees 6. (1) The commissioner may appoint the officers, investigators and other employees the commissioner considers necessary to enable the commissioner to carry out the commissioner’s powers and duties under this Act and the regulations. (2) The Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to officers, investigators and employees employed under subsection (1). 2025 cL-7.2 s6 PART II COMPLAINTS Back to Top Filing of complaint 7. (1) A person may file a complaint under this Act where the complaint relates to (a) the misconduct of a law enforcement officer; or (b) t he policies or procedures of the law enforcement agency which govern the manner in which a law enforcement officer discharges the law enforcement officer's duties. (2) The following persons may file a complaint on behalf of a person: (a) the person's parent or guardian, where the person is under the age of majority; (b) the person's guardian, where the person has been declared to lack capacity by a court of competent jurisdiction; or (c) the person's designate, where the person consents to the designate filing the complaint. (3) Where the chief becomes aware of misconduct of a law enforcement officer, the chief shall file a complaint with the commissioner regarding the misconduct. (4) A complaint made under subsection (1) or (3) shall be submitted to the commissioner in writing in the form and manner set by the commissioner. (5) Where, contrary to subsection (4), a person files a complaint with the chief, the chief shall (a) forward the complaint to the commissioner; and (b) notify the person that the complaint has been forwarded to the commissioner. (6) Where a person files a complaint, the commissioner shall provide a document to the person, in the form set by the commissioner, which s ets out (a) the procedures to be followed in dealing with a complaint; and (b) the rights of the complainant. (7) W here a law enforcement officer who is the subject of a complaint resigns or retires from the law enforcement agency before the completion of an investigation under this Act, the complaint may be dealt with under this Act as if that law enforcement officer had not resigned or retired. 2025 cL-7.2 s7 Back to Top Time period to file complaint 8. (1) A complaint relating to the misconduct of a law enforcement officer shall be made not later than 6 months after the alleged misconduct occurred. (2) Notwithstanding subsection (1), where a complaint relates to the continuing misconduct by a law enforcement officer, the complaint shall be filed not later than 6 months after the last incidence of the alleged misconduct. (3) Notwithstanding subsections (1) and (2), the 6-month period referred to in those subsections shall not begin to run against a complainant until the complainant knows or ought to have known about the alleged misconduct that is the subject of the complaint. (4) T he burden of proving a postponement of the running of time under subsection (3) is on the complainant claiming the benefit of that postponement. (5) Notwithstanding subsections (1) to (3), t he commissioner may accept a complaint that is submitted after the 6-month period referred to in those subsections where the commissioner is of the opinion that the matter is of significant public interest. 2025 cL-7.2 s8 Back to Top Review of complaints 9. (1) The commissioner shall review every complaint and determine whether the complaint (a) satisfies the criteria prescribed in subsection 7(1); and (b) either (i) directly impacts a member of the public, or (ii) is, in the opinion of the commissioner, of public interest. (2) Where the commissioner determines that the complaint satisfies the criteria in subsection 7(1) and directly impacts a member of the public or is of public interest, the commissioner shall retain the complaint. (3) Where the commissioner determines that a complaint satisfies the criteria in subsection 7(1) but does not directly impact a member of the public and is not of public interest, the commissioner shall (a) refer the complaint to the chief for investigation; and (b) notify the complainant that the complaint has been referred to the chief for investigation. (4) The commissioner shall make a determination under subsection (1) in the time period prescribed in the regulations. 2025 cL-7.2 s9 Back to Top Complaint against chief or deputy chief 10. Notwithstanding subsection 9(3), where a complaint relates to the conduct of the chief or deputy chief, the commissioner shall retain the complaint. 2025 cL-7.2 s10 Back to Top Refusal to investigate 11. (1) Notwithstanding subsections 9(2) and (3), the commissioner may refuse to investigate a complaint or refuse to refer a complaint to the chief for investigation where (a) the complaint is made after the applicable time period referred to in section 8; (b) the complainant is a law enforcement officer or an employee of a law enforcement agency and the commissioner is of the opinion that the complaint may be more appropriately dealt with under a collective agreement or a policy or procedure of the law enforcement agency; or (c) the commissioner is of the opinion that the complaint is frivolous, vexatious or made in bad faith. (2) Where the commissioner refuses to investigate a complaint or to refer a complaint to the chief for investigation under subsection (1), the commissioner shall provide written notice, including reasons, to the following persons: (a) the complainant; (b) the law enforcement officer who is the subject of the complaint; and (c) the chief. 2025 cL-7.2 s11 Back to Top Informal resolution 12. (1) The commissioner (a) shall consider whether a complaint can be resolved informally; and (b) with the consent of the complainant and the law enforcement officer who is the subject of the complaint, may attempt to resolve the complaint informally. (2) Where a complaint is resolved informally, the commissioner shall record the manner in which the complaint was resolved. (3) The commissioner shall provide a copy of the record made under subsection (2) to (a) the complainant; (b) the law enforcement officer who is the subject of the complaint; and (c) the chief. (4) A complaint may be resolved informally by the commissioner in accordance with this section at any time. 2025 cL-7.2 s12 Back to Top Complaint retained by commissioner 13. (1) Where the commissioner retains a complaint under subsection 9(2), the commissioner shall (a) provide written notice to the following persons in the time period prescribed in the regulations: (i) the complainant, (ii) the law enforcement officer who is the subject of the complaint, and (iii) the chief; and (b) assign an investigator to investigate the complaint. (2) Notice under paragraph (1)(a) shall include the following information: (a) a brief description of the nature of the complaint; (b) the name of the complainant; and (c) the name of the investigator investigating the complaint. (3) An investigator shall (a) investigate the complaint; (b) prepare a written report outlining the investigator's findings; and (c) submit the report to the commissioner. (4) The report referred to in subsection (3) shall be submitted to the commissioner as soon as practicable but not later than 6 months after the date the commissioner makes a determination under subsection 9(2). (5) Notwithstanding subsection (4), where the commissioner determines it necessary, the commissioner may extend the time period under subsection (4) for a period not exceeding 6 months. (6) Not later than 45 days after an investigation is started, and every 45 days thereafter while the investigation is ongoing, the commissioner shall provide a written update of the investigation to (a) the complainant; (b) the law enforcement officer who is the subject of the complaint; and (c) the chief. (7) Notwithstanding subsection (6), the commissioner is not required to provide an update where the commissioner is of the opinion that it would unreasonably interfere with an investigation. (8) The commissioner shall review the report referred to in subsection (3) and do one of the following: (a) dismiss the complaint; (b) impose one or more of the disciplinary measures prescribed in the regulations on the law enforcement officer who is the subject of the complaint; or (c) where the complaint is a complaint as to the policies or procedures of the law enforcement agency, recommend that the chief amend the policies or procedures. (9) Notwithstanding paragraph (8)(b), where the chief or another law enforcement officer who was appointed by the Lieutenant-Governor in Council is the subject of the complaint and the commissioner is of the opinion that the disciplinary measure to be imposed is dismissal, the commissioner shall recommend to the Lieutenant-Governor in Council that the chief or law enforcement officer be dismissed. (10) A decision of the commissioner referred to in subsection (8) shall (a) be in writing; (b) include reasons; and (c) be provided to the following persons in the time period prescribed in the regulations: (i) the complainant, (ii) the law enforcement officer who is the subject of the complaint, and (iii) the chief. 2025 cL-7.2 s13 Back to Top Complaint referred to chief 14. (1) Where a complaint is referred to the chief for investigation under subsection 9(3), the chief shall (a) provide written notice to the law enforcement officer who is the subject of the complaint in the time period prescribed in the regulations; and (b) appoint a law enforcement officer to investigate the complaint. (2) Notice under paragraph (1)(a) shall include the following information: (a) a brief description of the nature of the complaint; (b) the name of the complainant; and (c) the name of the law enforcement officer investigating the complaint. (3) A law enforcement officer appointed under paragraph (1)(b) shall (a) investigate the complaint; and (b) prepare a written report outlining the law enforcement officer's findings; and (c) submit the report to the chief. (4) The report referred to in subsection (3) shall be submitted to the chief as soon as practicable but not later than 6 months after the date the chief received the complaint from the commissioner. (5) Notwithstanding subsection (4), where the chief determines it necessary, the chief may, with the prior approval of the commissioner, extend the time period under subsection (4) for a period not exceeding 6 months. (6) Not later than 45 days after an investigation is started, and every 45 days thereafter while the investigation is ongoing, the chief shall provide a written update of the investigation to (a) the law enforcement officer who is the subject of the complaint; and (b) the commissioner. (7) Notwithstanding subsection (6), the chief is not required to provide an update where the chief is of the opinion that it would unreasonably interfere with an investigation. (8) The chief shall review the report referred to in subsection (3) and do one of the following: (a) dismiss the complaint; (b) impose one or more of the disciplinary measures prescribed in the regulations on the law enforcement officer who is the subject of the complaint; or (c) where the complaint is a complaint as to the policies or procedures of the law enforcement agency, amend the policies or procedures. (9) A decision of the chief referred to in subsection (8) shall (a) be in writing; (b) include reasons; and (c) be provided to the law enforcement officer who is the subject of the complaint in the time period prescribed in the regulations. 2025 cL-7.2 s14 Back to Top Determination of public interest 15. For the purposes of determining public interest under this Act, the factors prescribed in the regulations shall be considered. 2025 cL-7.2 s15 Back to Top Suspension of law enforcement officer 16. (1) Where the chief considers it necessary, the chief may suspend a law enforcement officer who is the subject of a complaint on the terms prescribed in the regulations. (2) Where the commissioner considers it necessary, the commissioner may direct the chief to suspend a law enforcement officer who is the subject of the complaint on the terms prescribed in the regulations. 2025 cL-7.2 s16 Back to Top Withdrawal of complaint 17. (1) A complainant may withdraw a complaint by providing written notice to the commissioner in the form and manner set by the commissioner. (2) Where a complaint is withdrawn before the conclusion of an investigation into it, the commissioner shall cease to deal with the complaint, including discontinuing the investigation into the complaint. (3) Notwithstanding s ubsection (2), the commissioner may continue to deal with a complaint or continue its investigation despite its withdrawal where, in the commissioner's opinion, it is in the public interest to do so. (4) Where a complaint has been referred to the chief and is withdrawn before the conclusion of an investigation into it, the chief may continue to deal with the complaint or continue with the investigation despite its withdrawal. (5) Where a complaint is withdrawn after the conclusion of an investigation into it, this Act continues to apply despite the withdrawal, and, where the commissioner or chief, as applicable, determines that the conduct of the law enforcement officer who was the subject of the complaint constitutes misconduct, the commissioner or chief, as applicable, may impose disciplinary measures on the law enforcement officer. (6) The commissioner shall give notice of the withdrawal of a complaint under subsection (1) and, where applicable, notice of a decision to continue to deal with or investigate the complaint despite its withdrawal, with reasons, to (a) the complainant; (b) t he law enforcement officer who is the subject of the complaint; and (c) the chief. (7) The chief shall give notice of a decision to continue to deal with or investigate a complaint despite its withdrawal, with reasons, to (a) the complainant; and (b) the law enforcement officer who is the subject of the complaint. (8) The commissioner or the chief is not required to give notice under subsection (6) or (7), as applicable, of a decision to continue to deal with or investigate a withdrawn complaint to the law enforcement officer who is the subject of the complaint where, in the commissioner's or chief’s opinion, doing so may prejudice the investigation. (9) A complainant who withdraws a complaint is not entitled to any further notice or other communication respecting the withdrawn complaint, other than notice under subsection (6) or (7). 2025 cL-7.2 s17 PART III INVESTIGATION IN ABSENCE OF COMPLAINT Back to Top Investigation in absence of complaint 18. (1) The commissioner may, in the absence of a complaint, cause an investigation into the misconduct of a law enforcement officer or the operational policies or procedures of the law enforcement agency where (a) the misconduct or an issue with a policy or procedure comes to the attention of the commissioner; and (b) the commissioner is of the opinion that it is of public interest to investigate the misconduct or policy or procedure. (2) An investigation under this section shall be conducted in accordance with section 13. (3) Where the commissioner has commenced an investigation under subsection (1) and subsequent to the commencement of the investigation a complaint is filed under section 7, the commissioner shall continue with the investigation under this section and a new investigation is not required in relation to the complaint filed under section 7. 2025 cL-7.2 s18 PART IV INVESTIGATIONS Back to Top Power of investigation 19. (1) For the purpose of an investigation under this Act, the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief may, where t he commissioner, investigator, chief or law enforcement officer has reasonable grounds to believe that it is necessary to do so, and, after informing the chief, enter, without a warrant, premises or property owned or occupied by the law enforcement agency and examine the books of account, records, documents, work, material and other things related to the investigation and the persons in those premises shall (a) answer all questions concerning those matters put to them; and (b) prod uce for inspection books of account, records, documents, work, material and other things related to that investigation. (2) Where the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief believes on reasonable grounds that there is in a place anything that there are reasonable grounds to believe will provide evidence with respect to a complaint, the commissioner, investigator, chief or law enforcement officer may, with a warrant issued under subsection (3), at a reasonable time enter a building or a place and may investigate, inquire into, examine and copy books of account, records, documents, work, material and other things relating to that investigation. (3) Where a Provincial Court judge is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is in a building or a place anything that there are reasonable grounds to believe will provide evidence with respect to a complaint, the Provincial Court judge may issue a warrant authorizing the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief to enter and search that building or place and to make those inquiries and copies of books of account, records, documents, work, material and other things that are necessary, subject to those conditions that may be specified in the warrant. (4) The owner or person in charge of the building or place referred to in this section and persons found there shall give the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief named in the warrant reasonable help to enable that person to carry out the duties and functions under this section and shall provide the information the commissioner, investigator, chief or law enforcement officer may reasonably require. (5) A person shall not conceal or destroy documents or things relating to an investigation by the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief under this Act. 2025 cL-7.2 s19 Back to Top Telewarrant 20. (1) Where, in the opinion of the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief, it would not be practical to appear before a Provincial Court judge to apply for a warrant, the commissioner, investigator, chief or a law enforcement officer may make the application by telephone or other means of telecommunication. (2) Where the commissioner, an investigator, the chief or a law enforcement officer appointed by the chief acts under the authority of a warrant obtained under this section, the commissioner, investigator, chief or law enforcement officer shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out. (3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation. 2025 cL-7.2 s20 Back to Top Notice to director of Serious Incident Response Team 21. (1) Where , on reviewing a complaint or at any time during an investigation under this Act, the commissioner determines that the subject matter of the complaint may constitute a matter that may be investigated by the Serious Incident Response Team director, the commissioner shall notify the Serious Incident Response Team director. (2) Where a complaint has been referred to the chief and the chief determines that the subject matter of an investigation conducted by the chief may constitute a matter that may be investigated by the Serious Incident Response Team director, the chief shall immediately notify the commissioner and the Serious Incident Response Team director. (3) Where the Serious Incident Response Team director is notified under subsection (1) or (2) or the commissioner otherwise becomes aware that the subject matter of a complaint is the subject of an investigation by the Serious Incident Response Team director, the commissioner shall consult with the Serious Incident Response Team director and may suspend an investigation under this Act until the occurrence of one of the following: (a) a determination by the Serious Incident Response Team director that the Serious Incident Response Team director is not investigating the matter; (b) where the matter is investigated by the Serious Incident Response Team director and does not result in the laying of charges against the law enforcement officer who is the subject of a complaint under this Act, the conclusion of the Serious Incident Response Team director's investigation; or (c) where charges are laid against the law enforcement officer who is the subject of a complaint under this Act because of an investigation by the Serious Incident Response Team director into the matter, the final disposition of the charges. (4) W here an investigation is suspended under subsection (3), written notice of that suspension shall be given to the complainant and the law enforcement officer who is the subject of the complaint together with the reason for that suspension. 2025 cL-7.2 s21 Back to Top Criminal investigation 22. (1 ) Where the commissioner becomes aware that a criminal investigation is being conducted or a prosecution is commenced under an Act of the Parliament of Canada or another Act relating to the subject matter of a complaint, the commissioner shall consult with the Chief of the Royal Newfoundland Constabulary or the Assistant Commissioner of the Royal Canadian Mounted Police, as applicable, and may suspend an investigation under this Act pending a decision relating to that investigation or prosecution. (2) W here an investigation is suspended under subsection (1), written notice of that suspension shall be given to the complainant and the law enforcement officer who is the subject of the complaint together with the reason for that suspension. 2025 cL-7.2 s22 PART V RECONSIDERATION AND APPEAL Back to Top Reconsideration 23. (1) A law enforcement officer may, within 7 days of receiving a decision under section 13 or 14, request a reconsideration of the decision. (2) A request under subsection (1) shall (a) be submitted, in writing, to the (i) commissioner, where the commissioner made the decision, or (ii) chief, where the chief made the decision; and (b) include reasons for the request for reconsideration. (3) The commissioner or the chief, as applicable, shall (a) review the request; and (b) allow the law enforcement officer to provide oral or written submissions. (4) A reconsideration by the commissioner or the chief, as applicable, under subsection (3) shall be completed not later than 15 days of receipt of the request for reconsideration. (5) The commissioner may vary, revoke or confirm the commissioner's decision under subsection 13(8) or the chief may vary, revoke or confirm the chief's decision under subsection 14(8). (6) A decision referred to in subsection (5) shall (a) be in writing; (b) include reasons; and (c) be provided to the following persons in the time period prescribed in the regulations: (i) the law enforcement officer who is the subject of the complaint, (ii) where the decision being reconsidered is a decision of the commissioner, the complainant, and (iii) where the decision being reconsidered is a decision of the commissioner, the chief. (7) Notwithstanding subsection (1), where a decision under section 14 results in only minor disciplinary measures being imposed on the law enforcement officer, subsection (1) shall not apply and the law enforcement officer may appeal the decision in accordance with the discipline procedures of the collective agreement governing the law enforcement officer. 2025 cL-7.2 s23 Back to Top Appeal 24. (1) A law enforcement officer may submit an appeal of a decision referred to in subsection 23(5) to the commissioner, where the commissioner made the decision, or to the chief, where the chief made the decision. (2) An appeal made under this section shall be submitted to the commissioner or the chief, as applicable, not later than 15 days of the law enforcement officer's receipt of the decision of the commissioner or chief, as applicable. (3) A request for appeal under this section shall (a) be in writing; (b) include a summary of the decision being appealed; and (c) include the reasons for the appeal. 2025 cL-7.2 s24 Back to Top Appeal panel 25. (1) An appeal referred to in section 24 shall be heard by an appeal panel. (2) An appeal panel relating to an appeal of a decision of the commissioner shall consist of (a) one person appointed by the commissioner; (b) one law enforcement officer appointed by the association; and (c) one person, who may or may not be a law enforcement officer, appointed by the persons appointed under paragraphs (a) and (b). (3) An appeal panel relating to an appeal of a decision of the chief shall consist of (a) one law enforcement officer appointed by the chief; (b) one law enforcement officer appointed by the association; and (c) one person, who may or may not be a law enforcement officer, appointed by the law enforcement officers appointed under paragraphs (a) and (b). (4) Notwithstanding subsections (2) and (3), where the law enforcement officer appealing the decision is not a member of the association, the appeal panel shall consist of the following persons, who may or may not be law enforcement officers: (a) one person appointed by the commissioner, where the appeal relates to a decision of the commissioner, or one person appointed by the chief, where the decision relates to a decision of the chief; (b) one person appointed by the law enforcement officer appealing the decision; and (c) one person appointed by the persons appointed under paragraphs (a) and (b). (5) Where a person appointed under paragraph (4)(b) is a law enforcement officer, the law enforcement officer appointed shall not be subordinate to the law enforcement officer appealing the decision. (6) The chairperson of an appeal panel shall be the person appointed under paragraph (2)(c), (3)(c) or (4)(c), as applicable. (7) Where the persons appointed under paragraphs (2)(a) and (b), the law enforcement officers appointed under paragraphs (3)(a) or (b) or the persons appointed under paragraphs (4)(a) or (b) fail to agree on the person to be appointed under paragraph (2)(c), 3(c) or 4(c) within 7 days of being appointed, the minister responsible for the Labour Relations Act shall appoint a person other than a law enforcement officer to act as chairperson. (8) The members of an appeal panel shall have all the powers that are or may be conferred on a commissioner by or under the Public Inquiries Act, 2006 . 2025 cL-7.2 s25 Back to Top Hearings 26. (1) An appeal panel shall conduct a hearing of an appeal in the time period prescribed in the regulations. (2) A hearing in relation to an appeal of a decision of the commissioner shall be open to the public. (3) A hearing in relation to an appeal of a decision of the chief shall not be open to the public. (4) A hearing under this section shall be conducted in accordance with the regulations. 2025 cL-7.2 s26 Back to Top Decision of appeal panel 27. (1) A majority decision of the appeal panel is the decision of the appeal panel and is binding upon it. (2) An appeal panel may confirm, vary or revoke the decision of the commissioner or chief, as applicable. (3) A decision of an appeal panel shall (a) be in writing; (b) include reasons; and (c) be provided to the following persons in the time period prescribed in the regulations: (i) the commissioner, (ii) the chief, (iii) the law enforcement officer who was the subject of the complaint, and (iv) where the decision being appealed is a decision of the commissioner, the complainant. 2025 cL-7.2 s27 PART VI GENERAL Back to Top Delegation 28. The commissioner may delegate a power or duty of the commissioner under this Act to an employee of the commission and the chief may delegate a power or duty of the chief under this Act to an employee of the law enforcement agency. 2025 cL-7.2 s28 Back to Top Notice 29. (1) Notwithstanding paragraphs 13(1)(a) and 14(1)(a) and subsections 21(4) and 22(2), where the commissioner or chief, as applicable, is of the opinion that providing notice to the law enforcement officer who is the subject of the complaint may prejudice the investigation, notice is not required to be given to the law enforcement officer. (2) Where the commissioner or chief, as applicable, is required to give notice to a law enforcement officer under this Act and notice was attempted but not affected, notice may be given to a member of the executive of the association and that notice is considered to be notice to the law enforcement officer. 2025 cL-7.2 s29 Back to Top Publication of summary 30. (1) The commissioner shall publish a de-identified summary of each decision made by the commissioner under this Act on the commission's website. (2) A summary referred to in subsection (1) shall contain the information prescribed in the regulations. 2025 cL-7.2 s30 Back to Top Annual report 31. (1) The commissioner shall, as the commissioner considers necessary but at least annually, report to the minister on the work of the commission under this Act. (2) The annual report of the commissioner shall be submitted not later than January 31 following the end of the fiscal year to which the report relates. (3) The minister shall table the annual report in the House of Assembly within 15 days after the minister receives it or, if the House of Assembly is not sitting, within 14 days of the commencement of the next sitting. 2025 cL-7.2 s31 Back to Top Employment record 32. A reference to a complaint under this Act shall not be made in a law enforcement officer's employment record and the matter shall not be considered for a purpose related to that law enforcement officer's employment unless disciplinary measures are imposed on the law enforcement officer as a result of the complaint and the decision of the chief or commissioner regarding the disciplinary measures is not appealed or is upheld on appeal. 2025 cL-7.2 s32 Back to Top Regulations 33. The minister may make regulations (a) prescribing minor disciplinary measures; (b) prescribing the factors to be considered for the purposes of section 15; (c) prescribing time periods for the purposes of subsection 9(4), paragraphs 13(1)(a), 13(10)(c), 14(1)(a), 14(9)(c) and 23(6)(c), subsection 26(1) and paragraph 27(3)(c ); (d) prescribing disciplinary measures; (e) prescribing terms for the purposes of section 16; (f) respecting the conduct of hearings under section 26; (g) prescribing the information to be included in a de-identified summary referred to in section 30; (h) defining a word or expression used but not defined in this Act; and (i) generally, to give effect to the purpose of this Act. 2025 cL-7.2 s33 Back to Top Fees and forms 34. (1) The commissioner may establish forms for the purpose and administration of this Act and the regulations. (2) The minister may set fees for the purpose and administration of this Act and the regulations. 2025 cL-7.2 s34 PART VII TRANSITIONAL, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT Back to Top Transitional 35. (1) Where a complaint proceeding was started under Part III of the Royal Newfoundland Constabulary Act, 1992 but not concluded before the coming into force of this Act, the complaint proceeding shall be concluded under Part III of the Royal Newfoundland Constabulary Act, 1992 as if that Part were still in force. (2) Where a complaint is filed under this Act but the misconduct that is the subject of the complaint occurred before the coming into force of this Act, the complaint is considered to have been filed under Part III of the Royal Newfoundland Constabulary Act, 1992 and dealt with under Part III of the Royal Newfoundland Constabulary Act, 1992 as if that Part were still in force. (3) The commissioner appointed under subsection 18(1) of the Royal Newfoundland Constabulary Act, 1992 shall be considered to have been appointed under subsection 4(1) of this Act immediately on the coming into force of this Act and shall continue to be the commissioner until reappointed or replaced. 2025 cL-7.2 s35 Back to Top SNL2016 cI-2.1 Amdt. 36. The Schedule to the Independent Appointments Commission Act is amended by adding immediately after the statutory appointment reference " Labour Relations Act, section 6" the following statutory reference " Law Enforcement Oversight Commission Act , subsection 4(1)". 2025 cL-7.2 s36 Back to Top RSNL1990 cP-43 Amdt. 37. Schedule C of the Public Service Commission Act is amended by deleting the statutory appointment reference " Royal Newfoundland Constabulary Act, 1992 , subsection 29(1)". 2025 cL-7.2 s37 Back to Top SNL1992 cR-17 Amdt. 38. (1) Paragraph 2(a) of the Royal Newfoundland Constabulary Act, 1992 is repealed. (2) Paragraph 2(f) of the Act is repealed. (3) Paragraph 2(i) of the Act is repealed. (4) Subsection 12(2) of the Act is repealed and the following substituted: (2) For the purpose of subsection (1), the expression "payments" includes payments provided for by an agreement made under section 46 and a decision or award of a board of arbitrators under section 47. (5) Part III of the Act is repealed. (6) Paragraph 57(o) of the Act is repealed and the following substituted: (o) governing the conduct and duties of law enforcement officers; 2025 cL-7.2 s38 Back to Top SNL2017 cS-13.003 Amdt. 39. Paragraph 12(g) of the Serious Incident Response Team Act is repealed and the following substituted: (g) refer the matter to the Law Enforcement Oversight Commission under section 7 of the Law Enforcement Oversight Commission Act ; 2025 cL-7.2 s39 Back to Top Commencement 40. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. 2025 cL-7.2 s40