Code of Professional Conduct and Discipline Regulations

t POLICE ACT CODE OF PROFESSIONAL CONDUCT AND DISCIPLINE REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 8, 2025. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Code of Professional Conduct and Discipline Regulations Table of Contents CODE OF PROFESSIONAL CONDUCT AND DISCIPLINE REGULATIONS Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Standards of conduct ................................................................................................................................ 5 3. Breach of the Code ................................................................................................................................... 6 4. Discreditable conduct ............................................................................................................................... 6 5. Neglect of duty ......................................................................................................................................... 7 6. Deceitful behaviour .................................................................................................................................. 7 7. Improper disclosure of information ......................................................................................................... 8 8. Corrupt practice ....................................................................................................................................... 8 9. Abuse of authority .................................................................................................................................... 8 10. Improper use or care of firearm ............................................................................................................... 9 11. Damage to police department property .................................................................................................... 9 12. Misuse of intoxicating liquor or drugs in manner prejudicial to duty ...................................................... 9 13. Conduct constituting an offence ............................................................................................................... 9 14. Insubordination ........................................................................................................................................ 9 15. Party to breach of Code .......................................................................................................................... 10 16. Workplace harassment ........................................................................................................................... 10 17. Principles of discipline and correction ................................................................................................... 10 18. Disciplinary and corrective measures .................................................................................................... 10 19. Right to representation ........................................................................................................................... 11 20. Removal of entry from record of discipline ........................................................................................... 11 21. Revocation ............................................................................................................................................. 11 c t Current to: November 8, 2025 Page 3 Code of Professional Conduct and Discipline Regulations Section 1 c POLICE ACT Chapter P-11.1 CODE OF PROFESSIONAL CONDUCT AND DISCIPLINE REGULATIONS Pursuant to section 58 of the Police Act R.S.P.E.I. 1988, Cap. P-11.1, Council made the following regulations: 1. Definitions In these regulations, (a) “Act” means the Police Act R.S.P.E.I. 1988, Cap. P-11.1; (b) “discipline authority” means, (i) in relation to a police officer of a police department, the chief officer of the police department, the municipal council responsible for the police department or its designate, or the Police Commissioner, (ii) in relation to a police officer appointed under subsection 14.4(1) of the Act, the chief officer appointed under subsection 14.4(2) of the Act or the Police Commissioner, (iii) in relation to the chief officer appointed under subsection 14.4(2) of the Act, the Police Commissioner, (iv) in relation to an instructing officer, the Director of the Atlantic Police Academy or the Police Commissioner, (v) in relation to a chief officer of a police department, the municipal council responsible for the police department or its designate, or the Police Commissioner, and (vi) in relation to the Director, the President of Holland College or the President’s designate, or the Police Commissioner; (c) “police agency” means a police department or the Atlantic Police Academy; (d) “police officer” means a member of a police department, a chief officer or police officer appointed under section 14.4 of the Act, an instructing officer of the Atlantic Police Academy, or the Director of the Atlantic Police Academy. (EC1026/25) 2. Standards of conduct Every police officer shall (a) respect the rights of all persons; (b) maintain the integrity of the law, law enforcement and the administration of justice; c t Current to: November 8, 2025 Page 5 Section 3 Code of Professional Conduct and Discipline Regulations (c) perform the officer’s duties promptly, impartially and diligently, in accordance with the law and without abusing the officer’s authority; (d) avoid any actual, apparent or potential conflict of interest; (e) ensure that any improper or unlawful conduct of any police officer is not concealed or permitted to continue; (f) be incorruptible, never accepting or seeking special privilege in the performance of the officer’s duties or otherwise placing the officer under any obligation that may prejudice the proper performance of the officer’s duties; (g) act at all times in a manner that will not bring discredit on the officer’s role as a police officer; and (h) treat all persons or classes of persons equally, regardless of age, colour, creed, ethnic or national origin, family status, gender expression, gender identity, marital status, physical or intellectual disability, political belief, race, religion, sex, sexual orientation or source of income. (EC1026/25) 3. Breach of the Code A police officer commits a breach of the Code if the officer does any of the following: (a) engages in discreditable conduct as described in section 4; (b) neglects the officer’s duties as described in section 5; (c) engages in deceitful behaviour or dishonest conduct as described in section 6; (d) improperly discloses information as described in section 7; (e) commits corrupt practice as described in section 8; (f) abuses the officer’s authority as described in section 9; (g) improperly uses or cares for a firearm as described in section 10; (h) damages police agency property as described in section 11; (i) misuses intoxicating liquor or drugs in a manner prejudicial to duty as described in section 12; (j) is convicted of an offence as described in section 13; (k) engages in insubordinate behaviour as described in section 14; (l) is a party to a breach of the Code as described in section 15; (m) engages in workplace harassment as described in section 16. (EC1026/25) 4. Discreditable conduct (1) A police officer engages in discreditable conduct if (a) the officer, while on duty, acts in a manner that is (i) prejudicial to the maintenance of discipline in the police agency, or (ii) likely to bring the reputation of the police agency into disrepute; (b) the officer, while on duty, is oppressive or abusive to any person; (c) the officer, while off duty, asserts or purports to assert authority as a police officer and does an act that would constitute a breach of the Code if done while the officer is on duty; (d) the officer, while on or off duty, (i) contravenes a provision of Page 6 Current to: November 8, 2025 t c Code of Professional Conduct and Discipline Regulations Section 5 (A) the Act, (B) the Code or any other regulations made under the Act, or (C) a standard, guideline or directive made under the Act, (ii) withholds or suppresses a complaint or a report concerning a complaint, (iii) fails to report to a police officer whose duty it is to receive the report, or to a Crown Attorney, any information or evidence, either for or against any prisoner or defendant, that is material to an alleged offence under an Act of the Legislature, an Act of another province or territory of Canada or an Act of the Parliament of Canada, (iv) tampers with information that is material to a proceeding or potential proceeding under Part 7 or Part 8 of the Act, or (v) fails to disclose (A) to an investigator or a chief officer, as the case may be, information that is material to a proceeding or a potential proceeding under Part 7 of the Act, or (B) to an investigator or the Police Commissioner, as the case may be, information that is material to a proceeding or a potential proceeding under Part 8 of the Act. Exception - conduct as representative of union, etc. (2) Notwithstanding clause (1)(a), a police officer does not engage in discreditable conduct if the officer engages in the conduct in the bona fide execution of the officer’s role as a representative of a certified police union, association or federation. Exception - conduct toward investigator (3) Notwithstanding subclause (1)(d)(v), a police officer who is being investigated or who acts as a representative of a police officer who is being investigated does not engage in discreditable conduct if the officer fails to provide an investigator with any information or assistance requested by the investigator. (EC1026/25) 5. Neglect of duty A police officer neglects the officer’s duties if (a) the officer, without lawful excuse, fails to promptly and diligently (i) obey or carry out any lawful order from a superior officer, or (ii) perform the officer’s duties as a police officer; (b) the officer fails to work in accordance with the policies and procedures of the police agency with which the officer is employed; (c) the officer leaves an area, detail or other place of duty without due permission or sufficient cause or, having left an area, detail or other place of duty with due permission or sufficient cause, fails to return promptly; or (d) the officer is absent from or late for duty without reasonable excuse. (EC1026/25) 6. Deceitful behaviour (1) A police officer engages in deceitful behaviour if the officer, with intent to deceive, falsify or mislead, (a) destroys, mutilates, conceals, alters, expunges or adds to all or any part of an official document, record or report; or c t Current to: November 8, 2025 Page 7 Section 7 Code of Professional Conduct and Discipline Regulations (b) makes a false, misleading or inaccurate statement pertaining to the officer’s duties. Dishonest conduct (2) A police officer engages in dishonest conduct if the officer makes, signs or circulates a petition or statement in respect of a matter concerning any police agency (a) knowing that all or any part of the petition or statement is false; or (b) having reckless disregard as to the truth or falsity of the petition or statement. (EC1026/25) 7. Improper disclosure of information (1) A police officer improperly discloses information if the officer, except as required in the performance of the officer’s duties, as authorized by the officer’s supervisor or as required by due process of law, (a) discloses information that is acquired by the officer in the course of the officer’s duties; (b) gives notice directly or indirectly to any person against whom any warrant or summons has been or is about to be issued, except in the lawful execution of the warrant or service of the summons; or (c) removes or copies an official document, record or report of any police agency. Exception – information provided to investigator (2) Notwithstanding clause (1)(a), a police officer does not improperly disclose information if, during the course of an investigation into a complaint under Part 7 or Part 8 of the Act, the officer provides the investigator with any information and assistance requested by the investigator. (EC1026/25) 8. Corrupt practice A police officer commits corrupt practice if (a) the officer fails to properly account for, or to make a prompt and true return of, any money or property received by the officer in the course of the officer’s duties; (b) without adequate reason, the officer uses or attempts to use the officer’s position as a police officer for personal advantage; (c) the officer accepts a bribe; (d) the officer agrees to be under a pecuniary or other obligation to any person in a manner that might affect the proper performance of the officer’s duties; or (e) the officer directly or indirectly solicits or receives a gratuity, gift, benefit or testimonial that might affect the proper performance of the officer’s duties. (EC1026/25) 9. Abuse of authority A police officer abuses the officer’s authority if the officer (a) without lawful authority, detains, arrests or searches a person; (b) uses unnecessary force on a person; (c) while on duty, uses language or acts in a manner that is discourteous, uncivil, abusive or insulting to a person or that tends to demean or show disrespect to a person on the basis of that person’s age, colour, creed, ethnic or national origin, family status, Page 8 Current to: November 8, 2025 t c Code of Professional Conduct and Discipline Regulations Section 10 gender expression, gender identity, marital status, physical or intellectual disability, political belief, race, religion, sex, sexual orientation or source of income; or (d) harasses, intimidates or retaliates against a complainant. (EC1026/25) 10. Improper use or care of firearm A police officer improperly uses or cares for a firearm if the officer (a) when on duty, has in the officer’s possession any firearm other than one that is issued by the police agency to the officer; (b) when on duty, other than when on a firearm training exercise, discharges a firearm, whether intentionally or by accident, and does not report to a superior officer the discharge of the firearm as soon as is practicable; or (c) fails to exercise sound judgment and restraint in respect of the use or care of a firearm. (EC1026/25) 11. Damage to police department property A police officer damages police department property if the officer (a) without reasonable excuse, loses, destroys or causes any damage to (i) any police department property, or (ii) any property the care of which has been entrusted to the officer in the course of the officer’s duties; or (b) fails to report to a superior officer any loss or destruction of or any damage to any property referred to in clause (a), however caused. (EC1026/25) 12. Misuse of intoxicating liquor or drugs in manner prejudicial to duty A police officer misuses intoxicating liquor or drugs in a manner prejudicial to duty if (a) the officer, on reporting for or while on duty, is unfit for duty as a result of drinking intoxicating liquor, using a drug for non-medical purposes or misusing a prescription drug; or (b) the officer, without proper authority, makes any use of, or receives from any other person, an intoxicating liquor or a non-medical drug while on duty. (EC1026/25) 13. Conduct constituting an offence A police officer is guilty of a breach of this Code if the officer is convicted of an offence under an Act of the Legislature, an Act of another province or territory of Canada or an Act of the Parliament of Canada that renders the officer unfit to perform the officer’s duties or that is likely to bring the reputation of the police agency into disrepute. (EC1026/25) 14. Insubordination A police officer engages in insubordinate behaviour if the officer (a) is insubordinate by word, act or demeanour to a superior officer; or (b) without lawful excuse, disobeys, omits or neglects to carry out any lawful order. (EC1026/25) c t Current to: November 8, 2025 Page 9 Section 15 Code of Professional Conduct and Discipline Regulations 15. Party to breach of Code A police officer is a party to a breach of the Code if the officer aids, abets, counsels or procures another police officer to commit a breach of the Code or is an accessory after the fact to a breach of the Code. (EC1026/25) 16. Workplace harassment (1) In this section, (a) “abuse of authority” means a person’s improper use of power and authority inherent in the person’s position to endanger another person’s job, undermine the performance of that job, threaten another person’s livelihood or in any way interfere with or influence another person’s career; (b) “poisoned work environment” means a work environment in which there is any activity or behaviour, whether directed at an individual or not, that creates a hostile or offensive workplace; (c) “workplace” means a place where a police officer is or is likely to be engaged, whether on duty or not, and includes a vehicle, vessel or aircraft used or likely to be used by a police officer. Conduct constituting workplace harassment (2) A police officer commits workplace harassment where the officer engages in conduct arising out of, or in connection with, activities in the officer’s workplace that (a) is harassment, as defined in the Workplace Harassment Regulations (EC710/19) under the Occupational Health and Safety Act R.S.P.E.I. 1988, Cap. O-1.01; (b) creates or contributes to a poisoned work environment; (c) is an abuse of authority; or (d) is discrimination that is prohibited by the Human Rights Act R.S.P.E.I. 1988, Cap. H- 12. (EC1026/25) 17. Principles of discipline and correction Where a discipline authority considers that one or more disciplinary or corrective measures are necessary in respect of the conduct of a police officer, the discipline authority shall impose on the officer a disciplinary or corrective measure listed in section 18 that seeks to correct or educate the officer rather than one that seeks to blame and punish, unless the imposition of a disciplinary or corrective measure that seeks to correct or educate the officer is unworkable or would bring the administration of police discipline into disrepute. (EC1026/25) 18. Disciplinary and corrective measures A discipline authority may impose any one or more of the following disciplinary and corrective measures on a police officer: (a) a verbal caution, which shall not be recorded in the record of discipline and shall not form part of the record of discipline; (b) a verbal reprimand; (c) a written reprimand; (d) a direction to undertake professional counselling or a treatment program at no direct cost to the officer; Page 10 Current to: November 8, 2025 t c Code of Professional Conduct and Discipline Regulations Section 19 (e) a direction to undertake special training or retraining at no direct cost to the officer; (f) a direction to work under close supervision; (g) a suspension without pay for a specified period of time not exceeding 160 working hours; (h) a reduction in rank; (i) dismissal; (j) any other disciplinary or corrective measure that may be agreed upon between the discipline authority and the officer. (EC1026/25) 19. Right to representation Throughout the disciplinary process, including an internal disciplinary process and a disciplinary process resulting from a public complaint, a police officer who is alleged to have committed a breach of the Code has the right to the advice and assistance of (a) a fellow police officer; (b) an association representative, if the officer is a member of the Prince Edward Island Police Association; (c) a union representative, if the officer belongs to a union; or (d) legal counsel. (EC1026/25) 20. Removal of entry from record of discipline (1) Where an entry is made in the record of discipline of a police officer concerning the imposition on the officer of a disciplinary or corrective measure referred to in section 18, the discipline authority shall cause the entry to be removed from the record of discipline two years after it was made. Entry, information shall not be used against officer (2) Once expunged, the entry and the information pertaining to the entry shall not be used against the police officer in any manner or form in any matter or proceeding. Record of discipline shall be maintained (3) The record of discipline of a police officer shall be maintained by the police agency in a secure location separate from the personnel file of the officer for as long as the police agency determines necessary. Officer or former officer has right to inspect record of discipline (4) A police officer or former police officer has the right to inspect the officer’s record of discipline. Police department shall provide access within 10 days (5) On the request of a police officer or a former police officer to inspect the officer’s record of discipline, the police department shall furnish access to the record of discipline within 10 days after the request. (EC1026/25) 21. Revocation The Police Act Code of Professional Conduct and Discipline Regulations (EC142/10) are revoked. (EC1026/25) c t Current to: November 8, 2025 Page 11