o-8.1 - Act respecting police organization

Replaced on 2 May 2001

This document has official status.

chapter O-8.1

Act respecting police organization

Chapter O-8.1 is replaced by the Police Act (chapter P-13.1). (2000, c. 12, s. 353).

2000, c. 12, s. 353.

TITLE I INSTITUT DE POLICE DU QUÉBEC

CHAPTER I ESTABLISHMENT AND ORGANIZATION

1. The Institut de police du Québec is hereby established.

1988, c. 75, s. 1.

2. The institute is a legal person.

The institute is a mandatary of the State. Its property forms part of the domain of the State, but the performance of its obligations may be levied against its property. The institute binds only itself when it acts in its own name.

1988, c. 75, s. 2; 1999, c. 40, s. 201.

3. The head office of the institute shall be at the place determined by the Government. A notice of the location and of any relocation of the head office shall be published in the Gazette officielle du Québec.

1988, c. 75, s. 3.

4. The institute shall be administered by a board of directors composed of 14 members as follows:

(1)  a chairman;

(2)  a representative of the Ministère de la Sécurité publique;

(3)  a representative of the Ministère de l’Éducation;

(4)  three representatives of the Police Force, including the director general and another member from the association responsible for defending the interests of policemen;

(5)  three representatives of the Communauté urbaine de Montréal, including the director of its police force and one other policeman from the association responsible for defending the interests of policemen;

(6)  four representatives from municipalities, including one from the association responsible for defending the interests of directors of police forces and one from the association responsible for defending the interests of policemen;

(7)  the director general of the institute appointed under section 12.

The term of office of the members appointed by the Government under any of subparagraphs 1 to 6 of the first paragraph is two years. At the end of their terms the members shall remain in office until replaced or reappointed.

1988, c. 75, s. 4; 1990, c. 27, s. 1; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1996, c. 73, s. 20.

5. Each year, the members of the board of directors shall elect a vice-chairman from among the members contemplated in subparagraphs 2 to 6 of the first paragraph of section 4. If the chairman is absent or unable to act, the vice-chairman shall perform his duties.

1988, c. 75, s. 5; 1996, c. 73, s. 21; 1999, c. 40, s. 201.

6. Any vacancy on the board of directors occurring during a term shall be filled for the remainder of the term.

1988, c. 75, s. 6; 1996, c. 73, s. 22.

7. The members of the board of directors other than the director general shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled, on the conditions and to the extent determined by the Government, to the reimbursement of expenses incurred in the performance of their duties.

1988, c. 75, s. 7.

8. The members of the board of directors shall meet at least once every three months.

1988, c. 75, s. 8.

9. The chairman shall preside at meetings of the board of directors, see to its proper management and assume any other duty assigned to him by by-law of the board.

1988, c. 75, s. 9.

10. The quorum at meetings of the board of directors shall be six members, including the chairman or vice-chaiman. In the event of a tie-vote, the chairman or, in his absence, the vice-chairman shall have a casting vote.

1988, c. 75, s. 10.

11. Any member of the board of directors, other than the chairman or director general, having a direct or indirect interest in an enterprise placing his personal interest in conflict with that of the institute shall, on pain of forfeiture of office, disclose it in writing to the director general and abstain from taking part in any debate or voting on any decision relating to the enterprise and from attending any meeting at which his interest is discussed.

The chairman, the director general and the members of the staff of the institute shall not, on pain of forfeiture of office, have any direct or indirect interest in an enterprise placing their personal interest in conflict with that of the institute. However, forfeiture of office is not incurred if such an interest devolves to them by succession or gift, provided they renounce or dipose of it with dispatch.

1988, c. 75, s. 11.

12. The Government shall appoint, for a specified term not exceeding five years, a director general responsible for the management of the institute. The Government may also appoint, for the same term, as many assistant directors as it may determine. At the end of their terms, they shall remain in office until they are replaced or reappointed.

The Government shall fix the remuneration, social benefits and other conditions of employment of the director general and assistant directors.

1988, c. 75, s. 12.

13. The members of the staff of the institute shall be appointed and remunerated in accordance with the standards and scales established by by-law of the institute, as approved by the Government. Their social benefits and other conditions of employment may also be established by by-law of the institute.

1988, c. 75, s. 13.

CHAPTER II OBJECT AND POWERS

14. The object of the institute is to contribute, through instruction and research, to the training and development of Québec police officers.

1988, c. 75, s. 14.

15. To carry out its object, the institute shall

(1)  provide police training and development courses;

(2)  conduct studies and research in any field connected with police work;

(3)  transmit the findings of the studies and research conducted pursuant to paragraph 2 to persons engaged in police work.

1988, c. 75, s. 15.

16. The institute may

(1)  see to the lodging of persons attending courses or participating in activities organized by the institute;

(2)  publish and distribute the findings of studies and research conducted pursuant to paragraph 2 of section 15;

(3)  make, with any researcher, expert or research or educational institution, any agreement which, in the opinion of the institute, is useful in the pursuit of its object.

1988, c. 75, s. 16.

17. The institute may require for its services, in addition to tuition fees, such costs or fees as may be determined by the Minister.

1988, c. 75, s. 17.

17.1. To finance in part the activities of the institute, an annual contribution based on a percentage of the total payroll of police personnel in each municipal police force of Québec shall be paid to the institute by each local municipality, intermunicipal board, regional county municipality or urban community that maintains a police force. A contribution based on the total payroll of the Police Force shall also be paid for the same purposes by the Government to the institute.

The applicable percentage, which shall not exceed 1 %, and the terms of payment shall be determined by the Government on the recommendation of the institute.

The contributions paid under this section are deemed to be eligible expenditures within the meaning of section 5 of the Act to foster the development of manpower training (chapter D-7.1).

This section does not apply to a Naskapi Village, a Cree Village or the Kativik Regional Government.

1996, c. 73, s. 23.

18. The institute may devise and provide any college-level vocational training programs in police work for which it has received authorization from the Minister of Education and from the Minister.

The Minister of Education, in accordance with the rules he determines and on the recommendation of the institute, shall award a college leaving certificate to students having achieved the objectives of the college-level vocational training program in which they are enrolled.

The institute may, in addition, devise and provide any police training and development programs for which it has received authorization from the Minister and for which it issues a certificate of studies.

1988, c. 75, s. 18; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

19. The institute, unless authorized by the Government, shall not

(1)  make, according to law, any agreement with any government or government agency;

(2)  construct, acquire, alienate, lease or hypothecate any immovable;

(3)  make any financial commitment beyond the limits or contrary to the terms and conditions determined by the Government;

(4)  contract any loan which increases the total amount of its outstanding borrowings beyond the amount determined by the Government.

1988, c. 75, s. 19; 1999, c. 40, s. 201.

20. The Government may, on the terms and conditions it determines,

(1)  guarantee the payment in principal and interest of any loan contracted by the institute;

(2)  guarantee the performance of any other obligation of the institute;

(3)  authorize the Minister of Finance to advance to the institute any sum of money considered necessary for the pursuit of its objects.

Sums which the Government may be required to pay under such guarantees or may advance to the institute shall be taken out of the consolidated revenue fund.

1988, c. 75, s. 20.

21. Where the institute acquires an immovable that forms part of the domain of the State, the Act respecting duties on transfers of immovables (chapter D-15.1) shall not apply.

1988, c. 75, s. 21; 1991, c. 32, s. 242; 1999, c. 40, s. 201.

22. In no case may the institute acquire shares of another legal person or operate a commercial enterprise. Nor may the institute grant loans, gifts or subsidies or act as a surety.

1988, c. 75, s. 22; 1999, c. 40, s. 201.

23. In the pursuit of its object, the institute shall carry out any specific mandate assigned to it by the Minister.

1988, c. 75, s. 23.

24. The Minister may issue directives concerning the aims and objectives of the institute. The directives require prior approval by the Government and come into force on the date of their approval. Once approved, they are binding on the institute which shall comply therewith.

Every directive shall be tabled in the National Assembly within 15 days after its approval if the Assembly is in session or, if it is not sitting, within 15 days after the opening of the next session or resumption.

1988, c. 75, s. 24.

25. The institute may adopt by-laws for its internal management and the exercise of its powers, and more particularly

(1)  to establish an executive committee, define its duties and powers and fix the term of its members;

(2)  to define the duties and powers of the chairman, the director general, the assistant directors and the other employees of the institute.

1988, c. 75, s. 25.

26. The institute may make general by-laws respecting

(1)  programs of study, the admission of students, examinations and certificates of studies;

(2)  the records that must be kept by the institute;

(3)  tuition fees.

The by-laws come into force on the date of their approval by the Government or on any later date fixed by the Government.

1988, c. 75, s. 26.

CHAPTER III DOCUMENTS, ACCOUNTS AND REPORTS

27. No instrument, document or writing binds the institute unless it is signed by the chairman or the director general or, to such extent as may be determined by a resolution of the institute published in the Gazette officielle du Québec, by a member of the staff of the institute.

The institute may, by a resolution published in the Gazette officielle du Québec, allow a signature to be affixed by means of an automatic device or allow a facsimile of the signature to be engraved, lithographed or printed, subject to such conditions and on such documents as it may determine. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chairman of the institute.

1988, c. 75, s. 27.

28. Any document or copy of a document emanating from the institute or forming part of its records, signed or certified by a person referred to in section 27, is authentic.

1988, c. 75, s. 28.

29. The fiscal year of the institute ends on 30 June each year.

1988, c. 75, s. 29.

30. Each year, the institute shall submit its budget estimates for the next fiscal year to the Minister for approval, at the time and in the form and tenor determined by the Minister.

1988, c. 75, s. 30.

31. The institute, within four months of the end of its fiscal year, shall submit to the Minister its financial statements and a report of its activities for the fiscal year just ended.

The report shall also include such information as may be required by the Minister.

1988, c. 75, s. 31.

32. The Minister shall table the report of the institute in the National Assembly within 30 days after receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1988, c. 75, s. 32.

33. The institute shall provide the Minister with any information he may require on its activities.

1988, c. 75, s. 33.

34. The books and accounts of the institute shall be audited by the Auditor General every year and also whenever the Government so orders.

The auditor’s report shall be submitted with the annual report of the institute.

1988, c. 75, s. 34.

TITLE II POLICE ETHICS

CHAPTER I CODE OF ETHICS OF QUÉBEC POLICE OFFICERS

35. The Government may establish, by regulation, the Code of ethics of Québec police officers setting out the duties incumbent upon and the standards of conduct to be upheld by police officers in their relations with the public.

The code shall apply to the members of the Sûreté du Québec, the Police Department of the Communauté urbaine de Montréal and every other municipal police force and to special constables.

1988, c. 75, s. 35.

CHAPTER II POLICE ETHICS COMMISSIONER

DIVISION I FUNCTIONS

36. The police ethics commissioner shall receive and examine any complaint lodged against a police officer by any person pursuant to section 51.

He shall also exercise any other function assigned to him by the Minister.

1988, c. 75, s. 36.

37. The Government shall appoint a police ethics commissioner from among advocates who have been members of the Barreau for not less than 10 years and fix his remuneration, social benefits and other conditions of employment.

1988, c. 75, s. 37.

38. The commissioner shall be appointed for a specified term not exceeding five years. His term may be renewed.

1988, c. 75, s. 38.

39. The Government may appoint a deputy commissioner and fix his remuneration, employment benefits and other conditions of employment.

1988, c. 75, s. 39; 1997, c. 52, s. 1.

40. The deputy commissioner shall be appointed for a specified term not exceeding five years. His term may be renewed.

1988, c. 75, s. 40; 1997, c. 52, s. 2.

41. Before taking office, the commissioner and deputy commissioner shall take the oaths provided in Schedules I and II.

The commissioner and deputy commissioner shall do so before a judge of the Court of Québec.

1988, c. 75, s. 41; 1997, c. 52, s. 3; 1999, c. 40, s. 201.

42. Subject to the second paragraph of section 36, the commissioner and deputy commissioner shall attend exclusively to the duties of their office.

1988, c. 75, s. 42; 1997, c. 52, s. 4.

43. The commissioner, the deputy commissioner and the members of their staff, the investigators and the certified police ethics conciliators cannot be sued by reason of any official act done in good faith in the performance of their duties.

1988, c. 75, s. 43; 1997, c. 52, s. 5.

44. If the commissioner is absent or unable to act, he shall be replaced by the deputy commissioner.

If the deputy commissioner is absent or unable to act, the Government shall appoint a person to replace him while he is absent or unable to act and shall determine his fees.

1988, c. 75, s. 44; 1990, c. 27, s. 2; 1997, c. 52, s. 6; 1999, c. 40, s. 201.

45. The members of the staff of the commissioner shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1988, c. 75, s. 45.

46. The commissioner shall define the duties of the deputy commissioner and those of his public servants and employees and shall direct their work.

He may delegate, in writing, all or some of his powers to the deputy commissioner, except the powers conferred on him by sections 48, 49 and 83.

1988, c. 75, s. 46; 1997, c. 52, s. 7.

47. Except as provided in article 61 of the Code of Penal Procedure (chapter C-25.1), the commissioner, the deputy commissioner, the members of their staff, the investigators and the certified police ethics conciliators may not be compelled by any court to reveal any information disclosed to them in the performance of their duties in respect of a complaint, or to produce before a court any document drafted or obtained in the performance of their duties.

1988, c. 75, s. 47; 1990, c. 4, s. 959; 1997, c. 52, s. 8.

48. The commissioner shall, so as to remedy prejudicial situations he has noted in the performance of his duties or prevent the recurrence of such situations, call to the attention of the Minister or to the attention of the director general of a police force such matters as he deems to be of public interest.

1988, c. 75, s. 48.

49. Not later than 31 October each year, the commissioner shall submit a report of his activities for the preceding fiscal year to the Minister.

The report shall include a statement of the number and nature of the complaints received and the action taken in connection therewith as well as a summary of any interventions made pursuant to section 48.

1988, c. 75, s. 49.

50. The Minister shall table the report of the commissioner in the National Assembly within 30 days after receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1988, c. 75, s. 50.

DIVISION II COMPLAINTS

51. Any person may lodge a complaint with the commissioner or with any police force against a police officer for conduct, in the performance of his duties, constituting a transgression of the Code of ethics. The complaint shall be in writing.

1988, c. 75, s. 51; 1997, c. 52, s. 9.

51.1. The members of the staff of the commissioner shall assist any person who requires assistance in lodging a complaint.

They shall, in particular, assist the complainant in identifying the evidence required to substantiate his complaint.

In the case of complaints lodged with the commissioner or a police force, the members of the staff of the commissioner or of the police force shall see that the documents and evidence collected by the complainant are secured. They shall provide the complainant with a copy of the complaint together with a list of the documents and evidence collected by the complainant.

1997, c. 52, s. 10.

51.2. The members of the staff of the commissioner or of the police force who receive the complaint shall, within five days of receipt, forward a copy of the complaint to the director of the police force concerned, together with a copy of the evidence collected. Where the complaint is received by a police force, the documents shall also be sent within the same time to the commissioner.

1997, c. 52, s. 10.

51.3. The commissioner shall inform the complainant of the procedure for dealing with complaints and, in particular, of the conciliation procedure.

1997, c. 52, s. 10.

51.4. Every complaint shall be submitted to conciliation. However, a complainant may object to conciliation by stating the reasons why he believes conciliation is inappropriate in his case. He shall give a written statement of the reasons to the commissioner within 30 days after the lodging of the complaint.

The commissioner may reject the complaint, giving reasons, if in his opinion, the reasons stated by the complainant do not validly justify his refusal of conciliation. The commissioner shall inform the complainant of his right to obtain a review of the decision if he submits new facts or elements to the commissioner within 15 days. The commissioner shall render his decision within 10 days and the decision is final.

The complainant may at any time before the final decision accept conciliation by withdrawing his objection.

1997, c. 52, s. 10.

51.5. Every complaint relating to an event that in the opinion of the commissioner involves the public interest, in particular, events in which death or serious bodily harm has occurred, situations potentially injurious to the public’s confidence in police officers, criminal offences, repeat offences or other serious matters, shall be dealt with under his authority. Complaints which are clearly frivolous or vexatious and complaints in respect of which the commissioner is satisfied that the complainant has valid reasons for objecting to conciliation shall also be dealt with under the commissioner’s authority.

1997, c. 52, s. 10.

51.6. Within 40 days of receipt of a complaint or of identification of the police officer concerned, the commissioner shall, after making a preliminary analysis of the complaint,

(1)  decide whether the complaint is to be dealt with under his authority or whether he must reject the complaint;

(2)  refer the complaint to the appropriate police force for the purposes of a criminal investigation if it appears to him that a criminal offence may have been committed;

(3)  where applicable, designate the conciliator and transmit the file to him;

(4)  inform the complainant, the police officer and the director of the police force concerned of his decision to refer the complaint to conciliation, to deal with it under his authority or to reject it;

(5)  notify the police officer concerned in writing of the substance of the complaint and of the facts enabling the event that gave rise to the complaint to be identified.

1997, c. 52, s. 10.

52. The right to lodge a complaint regarding police ethics is prescribed one year after the date of the event or knowledge of the event that gave rise to the complaint.

1988, c. 75, s. 52; 1997, c. 52, s. 11.

53. Any police officer who resigns, is dismissed or retires remains subject to the jurisdiction of the commissioner with respect to any act he committed while he was a police officer.

1988, c. 75, s. 53; 1997, c. 52, s. 12.

54. (Repealed).

1988, c. 75, s. 54; 1997, c. 52, s. 13.

55. Every person holding an office, position or employment in a place where a person is deprived of his freedom and every police officer shall, when a person gives him a writing intended for the commissioner, transmit the writing forthwith to the commissioner without reading it.

Similarly, where he receives a writing from the commissioner intended for a person deprived of his freedom, he shall give it to that person.

1988, c. 75, s. 55.

56. The commissioner shall keep a record of all complaints he receives, in the form and manner he determines. He shall acknowledge receipt in writing of every recorded complaint.

1988, c. 75, s. 56.

57. (Repealed).

1988, c. 75, s. 57; 1997, c. 52, s. 14.

58. The commissioner shall designate conciliators for complaints regarding police ethics; the conciliators must not be, nor have been, police officers.

1988, c. 75, s. 58; 1997, c. 52, s. 15.

58.1. The costs connected with conciliation shall be borne by the employer of the police officer concerned by the complaint in accordance with the rates established by the Minister.

1997, c. 52, s. 15.

58.2. The object of the conciliation procedure is to resolve the complaint lodged against one or more police officers through a settlement accepted by both parties.

1997, c. 52, s. 15.

58.3. During the conciliation proceedings, the complainant and the police officer may be accompanied by a person of their choice.

The presence of the police officer, who may not be in uniform, and of the complainant is mandatory. The conciliation proceedings take place in the presence of both parties; however, the conciliator may meet separately with each party in order to arrive at a settlement.

1997, c. 52, s. 15.

58.4. As soon as the conciliator concludes that conciliation will not lead to a settlement, he shall report to the commissioner, and the file shall be returned to the commissioner to be dealt with under his authority.

1997, c. 52, s. 15.

58.5. The conciliation proceedings must be completed within 45 days from the date on which the commissioner refers the complaint to conciliation. The commissioner may authorize and fix the terms and conditions of any extension.

1997, c. 52, s. 15.

58.6. The commissioner may terminate the conciliation proceedings if in his opinion it is in the public interest to do. In such a case, the complaint shall be returned to the commissioner to be dealt with under his authority.

1997, c. 52, s. 15.

58.7. Despite an unsuccessful attempt at conciliation, if the commissioner is of the opinion that settlement of the complaint is possible and if the police officer and the complainant consent, the commissioner may return the complaint to conciliation.

1997, c. 52, s. 15.

59. Every settlement resulting from conciliation shall be recorded in writing, approved by the commissioner, and signed by the complainant and the police officer concerned, and the complaint shall be deemed to have been withdrawn.

1988, c. 75, s. 59.

60. In case of a settlement, no reference to the complaint or to the settlement shall be made in the personal record of the police officer concerned.

1988, c. 75, s. 60.

61. No answer or statement made, in the course of the conciliation, by the complainant or the police officer whose conduct is the subject-matter of the complaint shall be used or admissible as evidence in any criminal, civil or administrative proceedings other than a hearing before the Comité de déontologie policière into an allegation that with intent to mislead the police officer gave the answer or statement knowing it to be false.

1988, c. 75, s. 61; 1990, c. 27, s. 3.

62. Failing a settlement, the commissioner may decide to hold an investigation. The holding of an investigation shall not prevent the conciliation procedure from being resumed if the parties consent.

1988, c. 75, s. 62; 1997, c. 52, s. 16.

63. The commissioner shall hold an investigation in respect of the conduct of a police officer in the performance of his duties constituting a transgression of the Code of ethics, where the Minister requests that he do so. Division III applies to such an investigation.

1988, c. 75, s. 63.

DIVISION III INVESTIGATIONS

64. The purpose of an investigation is to allow the commissioner to establish whether a citation before the Comité de déontologie policière is warranted.

1988, c. 75, s. 64; 1990, c. 27, s. 4.

65. The commissioner may refuse to hold an investigation or may terminate an investigation if, in his opinion,

(1)  the complaint is frivolous, vexatious or made in bad faith;

(2)  the complainant without valid reasons refuses to participate in the conciliation procedure or refuses to cooperate in the investigation;

(3)  having regard to all circumstances, investigation or further investigation is not necessary.

1988, c. 75, s. 65; 1997, c. 52, s. 17.

66. Where the commissioner makes a decision pursuant to section 65, he shall notify the complainant, the director of the police force concerned and the police officer whose conduct is the subject-matter of the complaint, and state the reasons for his decision. He shall also inform the complainant of his right to obtain a review of the decision by submitting new facts or elements to the commissioner, within 15 days. The commissioner shall make his decision upon the review within 10 days and the decision is final.

1988, c. 75, s. 66; 1990, c. 27, s. 5; 1997, c. 52, s. 18.

67. The commissioner, taking all circumstances into account, including the nature and gravity of the facts alleged in the complaint, may order the holding of an investigation.

The commissioner shall forthwith notify the complainant, the police officer whose conduct is the subject-matter of the complaint and the director of the police force to which he belongs.

1988, c. 75, s. 67; 1997, c. 52, s. 19.

68. Within 15 days of his decision to hold an investigation, the commissioner shall designate a person to act as the investigator.

An investigator may not be assigned to a file involving the police force to which he belongs or has belonged.

1988, c. 75, s. 68; 1997, c. 52, s. 20.

68.1. The costs connected with the investigation shall be borne by the employer of the police officer concerned by the investigation in accordance with the rates established by the Minister.

1997, c. 52, s. 20.

69. (Repealed).

1988, c. 75, s. 69; 1997, c. 52, s. 21.

70. Every investigator shall, on request, identify himself and produce a certificate of his capacity signed by the commissioner.

1988, c. 75, s. 70.

71. The commissioner and any person acting as an investigator for the purposes of this division, may, after giving prior notice to the director of the police force concerned, enter any police station or premises and examine any books, reports, documents or other effects relating to the complaint under investigation.

1988, c. 75, s. 71.

72. Not later than 45 days after deciding to hold an investigation and as needed thereafter during the course of the investigation, the commissioner shall notify in writing the complainant, the police officer whose conduct is the subject-matter of the complaint, and the director of the police force to which he belongs, of the status of the investigation, unless, in the commissioner’s opinion, to do so might adversely affect the investigation.

1988, c. 75, s. 72; 1997, c. 52, s. 22.

72.1. The investigation report shall be submitted to the commissioner within three months, except where the commissioner is satisfied that exceptional circumstances warrant otherwise.

1997, c. 52, s. 23.

73. The commissioner may, on receiving the investigation report, order a supplementary investigation to be conducted within the time and in the manner he determines.

1988, c. 75, s. 73; 1997, c. 52, s. 24.

74. Upon completion of the investigation, the commissioner shall examine the investigation report. He may

(1)  dismiss the complaint, if he is of the opinion that it has no foundation in law or is frivolous or vexatious, or that the evidence is insufficent;

(2)  cite the police officer to appear before the ethics committee if he is of the opinion that the evidence warrants such action;

(3)  refer the case to the Attorney General.

The commissioner may for cause revise any decision made pursuant to subparagraph 1 of the first paragraph.

1988, c. 75, s. 74; 1990, c. 27, s. 6; 1997, c. 52, s. 25.

75. The commissioner shall forthwith notify the complainant, the police officer and the director of the police force to which he belongs, of his decision.

If he dismisses the complaint, the commissioner shall also transmit to them the reasons therefor and a summary of the investigation report. He shall, in addition, inform the complainant of his right to submit the decision to review by the Comité de déontologie policière.

1988, c. 75, s. 75; 1990, c. 27, s. 7.

75.1. Every notice the commissioner is required to give under sections 66 and 75 shall be given in writing.

1990, c. 27, s. 8.

76. The complainant may, within 30 days after notification of the decision rendered by the commissioner pursuant to subparagraph 1 of the first paragraph of section 74, submit the decision to review by the Comité de déontologie policière.

1988, c. 75, s. 76; 1990, c. 27, s. 9; 1997, c. 52, s. 26.

77. The application for review shall be made by filing in the office of the Comité de déontologie policière a written declaration containing a statement of the grounds for the application.

1988, c. 75, s. 77; 1990, c. 27, s. 10.

78. Sections 115, 117, 124, 132, 142 and 147, adapted as required, apply to the ethics committee in disposing of an application for review.

1988, c. 75, s. 78; 1990, c. 27, s. 11.

79. The application for review shall be decided on the record prepared by the commissioner.

1988, c. 75, s. 79.

80. The ethics committee may confirm or quash the decision submitted to it.

Where the ethics committee quashes a decision, it may order the commissioner to hold a new investigation, to resume the investigation within the time it indicates or to cite the police officer to appear before it within 15 days of its decision.

1988, c. 75, s. 80; 1997, c. 52, s. 27.

81. In no case may the member of the Comité de déontologie policière who has heard an application for review under section 76 subsequently hear and dispose of a citation relating to the same facts.

1988, c. 75, s. 81; 1990, c. 27, s. 12.

82. Where the commissioner dismisses a complaint, he may transmit observations to the police officer whose conduct was the subject-matter of the complaint, for the purpose of improving the police officer’s professional conduct or preventing any transgression of the Code of ethics.

The observations shall be transmitted to the police officer through the intermediary of his line supervisor or immediate supervisor but shall not be filed in his personal record.

1988, c. 75, s. 82.

83. The commissioner may, in addition to exercising his powers under section 74,

(1)  recommend to the director of the police force that he submit the police officer to a medical evaluation or to a period of refresher training provided by a police training institution;

(2)  inform the director that the conduct of the police officer was appropriate;

(3)  make to the director any recommendation he deems expedient for the enforcement of the Code of ethics.

1988, c. 75, s. 83.

84. The commissioner and any person acting as an investigator for the purposes of this division may require of any person any information or document he considers necessary.

1988, c. 75, s. 84.

85. No person may hinder, in any manner whatever, the commissioner or any person acting as an investigator for the purposes of this division, deceive him through concealment or by making a false declaration, refuse to furnish him with information or a document relating to the complaint he is investigating, refuse to allow him to make a copy of such a document, or conceal or destroy such a document.

1988, c. 75, s. 85.

86. The commissioner is vested, for the purposes of this division, with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1988, c. 75, s. 86.

87. Sections 84, 85 and 86 do not apply in respect of a police officer whose conduct is the subject-matter of a complaint.

1988, c. 75, s. 87.

88. Except on a question of jurisdiction, no action under article 33 of the Code of Civil Procedure (chapter C-25) may be brought, nor any extraordinary recourse within the meaning of the said Code exercised, nor any other provisional remedy taken against any person acting in his official capacity for the purposes of this chapter.

1988, c. 75, s. 88.

CHAPTER III COMITÉ DE DÉONTOLOGIE POLICIÈRE

1990, c. 27, s. 13.

DIVISION I ESTABLISHMENT, JURISDICTION AND ORGANIZATION

1990, c. 27, s. 13.

89. An ethics committee is established under the name of “Comité de déontologie policière”.

The ethics committee has exclusive jurisdiction

(1)  to hear and dispose of any citation in matters of police ethics;

(2)  to review any decision of the commissioner referred to in section 76.

1988, c. 75, s. 89; 1990, c. 27, s. 13.

90. A citation is a proceeding subsequent to a complaint concerning the conduct of a police officer, the purpose of which is to decide whether the conduct is a transgression of the Code of ethics which may entail the imposition of a penalty.

1988, c. 75, s. 90; 1990, c. 27, s. 13.

91. (Repealed).

1988, c. 75, s. 91; 1990, c. 27, s. 13; 1997, c. 52, s. 28.

92. The seat of the ethics committee is located in the territory of the Communauté urbaine de Québec, at the place determined by the Government; notice of the location and any relocation of its seat shall be published in the Gazette officielle du Québec.

The ethics committee may hold sittings anywhere in Québec.

1988, c. 75, s. 92; 1990, c. 27, s. 13; 1997, c. 52, s. 29.

93. Where a sitting of the ethics committee is to be held in a locality where the Court of Québec sits, the clerk of the Court is required to allow the committee to use, free of charge, the premises used by the Court, unless the Court is sitting there at that time.

In no case may the ethics committee hold a sitting in an immovable occupied by a police force or the police ethics commissioner.

1988, c. 75, s. 93; 1990, c. 27, s. 13.

94. The ethics committee shall be composed of advocates who have been members of the Bar for not less than 10 years in the case of full-time members, and for not less than five years in the case of part-time members.

1988, c. 75, s. 94; 1990, c. 27, s. 13; 1995, c. 12, s. 3; 1997, c. 52, s. 30.

95. The members of the ethics committee shall be appointed by the Government, in such number as the Government determines, as full-time members, for a specified term not exceeding five years. Their term may be renewed.

The Government shall also appoint, for a fixed term of not more than five years, part-time members who are members of a Native community to act where a complaint relates to a Native police officer. Their term may be renewed.

A member whose term has expired may continue to hear and decide a matter notwithstanding the expiry of his term.

1988, c. 75, s. 95; 1990, c. 27, s. 13; 1997, c. 52, s. 31.

96. The Government shall designate a chairman and a vice-chairman from among the full-time members.

1988, c. 75, s. 96; 1990, c. 27, s. 13; 1997, c. 52, s. 32.

97. (Repealed).

1988, c. 75, s. 97; 1990, c. 27, s. 13; 1995, c. 12, s. 4; 1997, c. 52, s. 33.

98. The Government shall fix the remuneration and social benefits of the full-time members and shall determine the other conditions attached to their office.

1988, c. 75, s. 98; 1990, c. 27, s. 13.

99. The part-time members shall receive the fees determined by the Government. They are also entitled, in the cases, on the conditions and to the extent determined by the Government, to the reimbursement of expenses incurred in the performance of their committee duties.

1988, c. 75, s. 99; 1990, c. 27, s. 13.

100. (Repealed).

1988, c. 75, s. 100; 1990, c. 27, s. 13; 1997, c. 52, s. 33.

101. (Repealed).

1988, c. 75, s. 101; 1990, c. 27, s. 13; 1997, c. 52, s. 33.

102. Before taking office, the members of the ethics committee shall take the oaths provided in Schedules I and II.

They shall do so before a judge of the Court of Québec.

The writing evidencing the oath shall be transmitted to the Minister.

1988, c. 75, s. 102; 1990, c. 27, s. 13; 1999, c. 40, s. 201.

103. The clerk and the other members of the staff of the ethics committee shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1988, c. 75, s. 103; 1990, c. 27, s. 13.

104. The chairman is responsible for the administration and overall management of the ethics committee. His duties include coordinating and distributing the work of the committee members, who shall comply with his orders and directives in that regard.

1988, c. 75, s. 104; 1990, c. 27, s. 13.

105. (Repealed).

1988, c. 75, s. 105; 1990, c. 27, s. 13; 1997, c. 52, s. 33.

106. If the chairman is absent or unable to act, he shall be replaced by the vice-chairman.

If any other member is absent or unable to act, the Government shall appoint another person to replace him while he is absent or unable to act and shall determine his fees.

1988, c. 75, s. 106; 1990, c. 27, s. 13; 1997, c. 52, s. 34.

107. (Repealed).

1988, c. 75, s. 107; 1990, c. 27, s. 13; 1997, c. 52, s. 35.

107.1. The sittings of the ethics committee are held by one member.

1990, c. 27, s. 13; 1997, c. 52, s. 36.

107.2. (Repealed).

1990, c. 27, s. 13; 1997, c. 52, s. 37.

107.3. The fiscal year of the ethics committee ends on 31 March.

1990, c. 27, s. 13.

107.4. Each year, the ethics committee shall submit its budget for the next fiscal year to the Government for approval, at the time and in the form and tenor determined by the Government.

1990, c. 27, s. 13.

107.5. Within four months after the end of its fiscal year, the ethics committee shall submit to the Minister its financial statements and a report of its activities for the fiscal year just ended.

The Minister shall table the report of the ethics committee in the National Assembly within 30 days after receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1990, c. 27, s. 13.

107.6. The books and accounts of the ethics committee shall be audited by the Auditor General each year and also whenever the Government so orders.

1990, c. 27, s. 13.

107.7. Any document or copy of a document emanating from the ethics committee or forming part of its records, certified by the chairman, the vice-chairman or the clerk, is authentic.

1990, c. 27, s. 13; 1997, c. 52, s. 38.

DIVISION II PROCEDURE AND EVIDENCE

108. Sections 43, 47, 53 and 88, adapted as required, apply to the ethics committee and its members.

1988, c. 75, s. 108; 1990, c. 27, s. 31.

109. The ethics committee is seized of a matter by the filing of a citation in the office of the committee.

1988, c. 75, s. 109; 1990, c. 27, s. 14.

110. The commissioner may file a citation, in which case he shall act as the complainant.

1988, c. 75, s. 110.

111. The citation shall contain as many counts as there are alleged transgressions. Each count of a citation must describe the conduct constituting a transgression of the Code of ethics and indicate what provision of the code has allegedly been transgressed, as well as the time and place of the alleged transgression.

1988, c. 75, s. 111; 1997, c. 52, s. 39.

112. The clerk shall serve the citation on the police officer concerned and a copy thereof on the person who lodged the complaint under section 51, by registered or certified mail.

1988, c. 75, s. 112; 1990, c. 27, s. 15.

113. Within seven days of the service of the citation, the police officer cited to appear shall file, in the clerk’s office, a declaration in which he admits or denies the facts alleged against him.

Where the police officer fails to file such a declaration, he is presumed to have denied the facts.

1988, c. 75, s. 113.

114. The commissioner and the cited police officer are the parties to the case.

1988, c. 75, s. 114.

115. Upon receipt of the declaration, the chairman shall fix the date and place of the sitting. The clerk shall notify the parties by registered or certified mail not less than 30 days before the date scheduled for the sitting.

1988, c. 75, s. 115; 1990, c. 27, s. 16; 1997, c. 52, s. 40.

116. The ethics committee must allow the cited police officer to be heard and to present a full and complete defence.

If the police officer, although he was duly notified, does not present himself at the appointed time and has not given a valid excuse for his absence, or if he refuses to be heard, the ethics committee may hear the case despite his absence and render a decision.

1988, c. 75, s. 116.

117. In no case may the ethics committee adjourn a sitting unless it is of the opinion that an adjournment will not cause unreasonable delay in the proceedings or a miscarriage of justice.

1988, c. 75, s. 117; 1990, c. 27, s. 31.

118. The ethics committee may have recourse to any legal means to ascertain the facts alleged in the citation; with the consent of the parties, the committee may also, at its discretion, admit evidence obtained outside the hearing.

1988, c. 75, s. 118; 1990, c. 27, s. 31.

119. Each party shall summon the witnesses whose testimony may be useful and may require the production of any pertinent document.

For the purposes of this section, the cited police officer is regarded as a witness.

1988, c. 75, s. 119; 1997, c. 52, s. 41.

120. In the performance of their duties, the members of the ethics committee are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1988, c. 75, s. 120; 1990, c. 27, s. 31.

121. Depositions shall be recorded.

1988, c. 75, s. 121.

122. The ethics committee may award indemnities to be paid to witnesses for expenses incurred in order to testify, according to the tariff established by the Government.

1988, c. 75, s. 122; 1990, c. 27, s. 31.

123. Every person who appears before the ethics committee has the right to be assisted or represented by an advocate or any person he designates.

1988, c. 75, s. 123; 1990, c. 27, s. 31.

124. Every hearing shall be public.

Notwithstanding the first paragraph, the committee may, of its own initiative or upon request, order that a hearing be held in camera or ban the publication or release of any information or document it indicates, in the interest of morality or public order, in particular to protect a person’s privacy or reputation or the confidentiality of a police investigation procedure, a source of information or a police operation procedure.

Every person who, by performing or omitting to perform an act, infringes an order to hold a hearing in camera or an order banning publication or release is guilty of contempt of court.

1988, c. 75, s. 124.

125. The commissioner shall submit to the committee, by way of a citation, every final decision of a Canadian court convicting a police officer of a criminal offence constituting a transgression of the Code of ethics.

The committee shall accept a duly certified copy of the judicial decision as proof of guilt.

This section also applies to any decision of a foreign court convicting a police officer of a criminal offence which would have entailed the application of the first paragraph had it been committed in Canada.

1988, c. 75, s. 125; 1997, c. 52, s. 42.

126. The member presiding at the sitting may convene the parties to a preparatory conference, in particular, to allow or order the presentation of any documentary evidence or report before the sitting.

1988, c. 75, s. 126; 1990, c. 27, s. 17.

127. Any of the counts in the citation may be amended at any time, subject to the conditions necessary to safeguard the rights of the parties.

However, the committee shall not, except with the consent of the parties, allow any amendment to a count that would result in a new count unrelated to the original count. In such a case, the commissioner shall file a new citation.

1988, c. 75, s. 127; 1997, c. 52, s. 43.

128. (Repealed).

1988, c. 75, s. 128; 1997, c. 52, s. 44.

129. The committee shall decide whether the conduct of the police officer constitutes a transgression of the Code of ethics and, if so, shall impose a penalty.

Before imposing a penalty, the committee shall allow the parties to be heard in respect of the penalty.

1988, c. 75, s. 129.

130. Where the ethics committee comes to the decision that the conduct of a police officer is a transgression of the Code of ethics, it may, within 14 days after the date of the decision, impose on the police officer, for each count, one of the following penalties which may, where applicable, be consecutive:

(1)  a warning;

(2)  a reprimand;

(2.1)  a rebuke;

(3)  a suspension without salary for a period not exceeding 60 working days;

(4)  a demotion;

(5)  dismissal.

In addition, where a penalty cannot be imposed on a police officer because he has resigned, has been dismissed or has retired, the police officer may be declared disqualified from exercising the functions of a peace officer for a period of not more than five years.

1988, c. 75, s. 130; 1990, c. 27, s. 18; 1997, c. 52, s. 45.

131. In determining the penalty, the ethics committee shall take into account the gravity of the misconduct having regard to all the circumstances, and the ethical record of the police officer.

In fixing the duration of the suspension without salary of a police officer, the committee shall also take into account any period during which the police officer was, in respect of the same facts, provisionally relieved of his duties without salary by the director of the police force to which he belongs. Where applicable, the committee may order that the police officer be paid the salary and other benefits attaching to the position that he did not receive for the period during which he was provisionally relieved of his duties which exceeds the duration of the suspension without salary imposed on him by the committee. Upon its filing in the office of the competent court by any interested person, a decision ordering the back payment of salary becomes executory as if it were a judgment of that court and has all the effects thereof.

1988, c. 75, s. 131; 1997, c. 52, s. 46.

132. Every decision of the ethics committee shall be in writing and state the reasons therefor. Within 10 days after it is rendered, it shall be served by the clerk on the parties, on the director of the police force or employer concerned and on the person who lodged the complaint under section 51, by registered or certified mail.

1988, c. 75, s. 132; 1990, c. 27, s. 31; 1997, c. 52, s. 47.

132.1. The ethics committee, by a by-law adopted by a majority vote of its members, may establish rules of evidence, procedure and practice for the conduct of hearings.

Every by-law adopted under this section shall be submitted to the Government for approval.

1990, c. 27, s. 19.

133. An appeal may be brought before a judge of the Court of Québec from every final decision of the ethics committee subsequent to the filing of a citation. However, where a penalty is to be imposed under the decision, the decision shall not be appealed from until the penalty has been imposed.

1988, c. 75, s. 133; 1990, c. 27, s. 20, s. 31.

134. The decision of the ethics committee cannot be submitted to an arbitrator contemplated by Chapter IV of the Labour Code (chapter C-27) or to an arbitration officer contemplated by Division III of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14).

Notwithstanding any contrary Act or agreement, the decision of the ethics committee becomes executory upon the expiry of the time allowed for appeal.

The director of the police force or the employer shall inform the commissioner of the imposition of the penalty decided by the ethics committee.

1988, c. 75, s. 134; 1990, c. 27, s. 31; 1997, c. 52, s. 48.

CHAPTER IV APPEAL

1990, c. 27, s. 21.

135. Within 20 days after notification of the decision of the ethics committee, the person who lodged the complaint under section 51 may transmit in writing to the commissioner his views as to the advisability of appealing from the decision.

1988, c. 75, s. 135; 1990, c. 27, s. 21.

136. Any person who is a party to proceedings before the ethics committee may bring an appeal from any final decision of the committee before a judge of the Court of Québec.

1988, c. 75, s. 136; 1990, c. 27, s. 21.

137. The jurisdiction conferred by this chapter on a judge of the Court of Québec shall be exercised by those judges of that Court who are so designated by the chief judge.

1988, c. 75, s. 137; 1990, c. 27, s. 21; 1995, c. 42, s. 58.

138. An appeal is brought by filing a notice of appeal, within 30 days after the appellant receives the decision of the ethics committee, in the office of the Court of Québec in the judicial district where the ethics committee heard the matter in first instance.

The notice of appeal shall contain a statement of the grounds for the appeal and be accompanied with a copy of the decision rendered by the ethics committee.

1988, c. 75, s. 138; 1990, c. 27, s. 21.

139. The notice of appeal shall be served, within the time limit fixed in section 138, on the parties, the ethics committee and the person who lodged the complaint.

Service may be made by registered or certified mail.

1988, c. 75, s. 139; 1990, c. 27, s. 21.

140. Upon service of the notice of appeal, the clerk of the ethics committee shall transmit to the clerk of the Court of Québec the record of the case and all documents relating thereto.

1988, c. 75, s. 140; 1990, c. 27, s. 21.

141. The appeal suspends the execution of the decision of the ethics committee.

1988, c. 75, s. 141; 1990, c. 27, s. 21.

141.1. A judge of the Court of Québec may, on a motion served and filed at the clerk’s office within 10 days after service of the motion of appeal, summarily dismiss an appeal he deems improper or dilatory, or subject it to the conditions he determines.

The matter may also be raised, on the initiative of the Court, at the hearing it holds on the appeal.

1997, c. 52, s. 49.

142. The appeal shall be heard and decided by preference.

1988, c. 75, s. 142; 1990, c. 27, s. 21.

143. Subject to any new relevant and useful evidence the judge may admit, he shall render his decision on the basis of the record tramsmitted to the Court, after allowing the parties to be heard.

1988, c. 75, s. 143; 1990, c. 27, s. 21.

144. The judge has all the necessary powers for the exercise of his jurisdiction. He may, in particular, render any order he deems expedient for the protection of the rights of the parties.

1988, c. 75, s. 144; 1990, c. 27, s. 21.

145. Sections 53 and 124, the second paragraph of section 129 and sections 131 and 132, adapted as required, apply to appeals heard pursuant to this chapter.

1988, c. 75, s. 145; 1990, c. 27, s. 21.

146. The judge may confirm the decision submitted to him; conversely, he may quash the decision and render the decision which, in his judgment, should have been rendered in the first instance.

1988, c. 75, s. 146; 1990, c. 27, s. 21.

147. The decision of the judge is final and without appeal and cannot be submitted to an arbitrator contemplated by Chapter IV of the Labour Code (chapter C-27) or to an arbitration officer contemplated by Division III of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14). It is executory notwithstanding any contrary Act or agreement.

1988, c. 75, s. 147; 1990, c. 27, s. 21.

148. The judge may revise or revoke any decision he has made where a new fact is discovered which, if it had been known in due time, might have justified a different decision.

1988, c. 75, s. 148; 1990, c. 27, s. 21.

149. The Court of Québec may, in the manner set out in the Courts of Justice Act (chapter T-16), adopt such rules of evidence, procedure and practice as are necessary for the carrying out of this chapter.

1988, c. 75, s. 149; 1990, c. 27, s. 21.

150. (Replaced).

1988, c. 75, s. 150; 1990, c. 27, s. 21.

151. (Replaced).

1988, c. 75, s. 151; 1990, c. 27, s. 21.

152. (Replaced).

1988, c. 75, s. 152; 1990, c. 27, s. 21.

153. (Replaced).

1988, c. 75, s. 153; 1990, c. 27, s. 21.

154. (Replaced).

1988, c. 75, s. 154; 1990, c. 27, s. 21.

155. (Replaced).

1988, c. 75, s. 155; 1990, c. 27, s. 21.

156. (Replaced).

1988, c. 75, s. 156; 1990, c. 27, s. 21.

157. (Replaced).

1988, c. 75, s. 157; 1990, c. 27, s. 21.

158. (Replaced).

1988, c. 75, s. 158; 1990, c. 27, s. 21.

159. (Replaced).

1988, c. 75, s. 159; 1990, c. 27, s. 21.

160. (Replaced).

1988, c. 75, s. 160; 1990, c. 27, s. 21.

161. (Replaced).

1988, c. 75, s. 161; 1990, c. 27, s. 21.

162. (Replaced).

1988, c. 75, s. 162; 1990, c. 27, s. 21.

163. (Replaced).

1988, c. 75, s. 163; 1990, c. 27, s. 21.

164. (Replaced).

1988, c. 75, s. 164; 1990, c. 27, s. 21.

165. (Replaced).

1988, c. 75, s. 165; 1990, c. 27, s. 21.

166. (Replaced).

1988, c. 75, s. 166; 1990, c. 27, s. 21.

167. (Replaced).

1988, c. 75, s. 167; 1990, c. 27, s. 21.

168. (Replaced).

1988, c. 75, s. 168; 1990, c. 27, s. 21.

TITLE III POLICE DISCIPLINE

169. Every municipality has the power required to adopt a body of rules relating to the internal discipline applicable to the members of its police force.

The Minister may exercise such power in respect of the members of the Sûreté du Québec.

Such power may also be exercised by the director of a police force if the municipality or, as the case may be, the Minister so decides.

The disciplinary rules shall determine the duties incumbent upon and the standards of conduct to be upheld by the police officers for the purpose of ensuring effectiveness, the quality of the service and respect for the authority of ranking officers.

The rules may contain standards and directives, impose duties of a general or particular nature and prohibitions, determine what acts or omissions constitute breaches of discipline, establish a disciplinary procedure, determine the disciplinary powers of ranking officers and prescribe penalties.

1988, c. 75, s. 169.

170. The disciplinary rules shall in no way affect a labour contract within the meaning of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14) or a collective agreement within the meaning of the Labour Code (chapter C-27).

1988, c. 75, s. 170.

TITLE IV CONTROL EXERCISED BY THE MINISTER OF PUBLIC SECURITY

CHAPTER I INFORMATION TO BE FURNISHED TO THE MINISTER

171. Every employer of a person acting as a peace officer and belonging to a class of peace officers designated by regulation of the Government shall furnish to the Minister the information relating to the status of peace officer prescribed by regulation, in the manner prescribed therein.

1988, c. 75, s. 171.

172. The Minister shall keep a register in which he shall record, in particular, the name, address, date of birth and first day of employment of every person who acts as a peace officer and belongs to a class of peace officers designated by regulation of the Government.

1988, c. 75, s. 172.

173. The Director General of the Sûreté du Québec, the chief of any other police force and every person responsible for any other class of peace officers designated by regulation of the Government shall submit to the Minister, on his request and within the time he indicates, reports on the administration and activities of the police force or peace officers under his command, detailed reports on disturbances of the peace, order or public security occurring in the territory subject to his jurisdiction or on the crime rate in that territory and, where appropriate, reports on the corrective measures he intends to take.

1988, c. 75, s. 173.

CHAPTER II INSPECTION

174. To promote the effectiveness of police service in Québec, the Minister shall provide general inspection services in respect of the administration and activities of the Sûreté du Québec and the other police forces, and in respect of the activities of their members and of special constables.

1988, c. 75, s. 174.

175. The Minister shall conduct an inspection every five years.

He may also do so at any time of his own initiative or on the application of a municipality, a group of citizens or an association devoted to the protection of the interests of members of police forces.

1988, c. 75, s. 175; 1990, c. 27, s. 22.

176. Every person conducting an inspection may, in the performance of his duties,

(1)  enter, at any reasonable time, any police station or premises, or any police vehicle;

(2)  examine and make copies of the books, registers, accounts, records and other documents containing information relating to the administration or activities of the police forces under inspection or to the activities of the persons under inspection;

(3)  require any information or explanation he needs for the performance of his duties.

Every person having the custody, possession or control of such books, registers, accounts, records and other documents shall, if so required, give communication of them to the person conducting the inspection and facilitate his examination of them.

1988, c. 75, s. 176.

177. No person may hinder a person conducting an inspection, deceive him through concealment or by making a false declaration, refuse to furnish him with information or documents he has a right to require or examine under this Act or conceal or destroy a document or thing which is pertinent to an inspection.

1988, c. 75, s. 177.

178. Every person conducting an inspection shall, on request, identify himself and produce a certificate of his capacity signed by the Minister.

1988, c. 75, s. 178.

179. The Minister may authorize in writing a person other than a member of his staff to conduct an inspection and report on it to him.

1988, c. 75, s. 179.

180. The Government may

(1)  establish classes of peace officers for the purposes of sections 171 to 173;

(2)  prescribe what information must be furnished to the Minister under sections 172 and 173 and the manner in which it must be furnished.

1988, c. 75, s. 180.

CHAPTER III INQUIRIES RESPECTING A POLICE FORCE

181. The Minister may make an inquiry respecting the Sûreté du Québec or any other police force.

He may commission a person to make such an inquiry.

1988, c. 75, s. 181.

182. On the request of a municipality or a group of citizens of a municipality, the Minister may commission a person to make an inquiry respecting the municipal police force serving the territory of the municipality.

1988, c. 75, s. 182; 1996, c. 2, s. 748.

183. The Minister, of his own initiative or on the request of a recognized association of police officers or a group of citizens of the municipality concerned, may commission a person to make an inquiry to ascertain whether a municipality is maintaining adequate police service.

The person commissioned to make an inquiry may hold public hearings and hear the interested persons and groups.

The Minister may, if he considers it in the public interest, grant the municipality a reasonable period of time to correct the situation.

1988, c. 75, s. 183.

184. The person commissioned to make an inquiry is vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1988, c. 75, s. 184.

185. If the Minister refuses to commission an inquiry, he shall notify in writing the municipality, group of citizens or association of police officers concerned and give it the reasons for his refusal.

1988, c. 75, s. 185.

186. The person commissioned to make an inquiry shall not, in his report, censure the conduct of any person or recommend that sanctions be taken against any person.

1988, c. 75, s. 186.

187. The inquiry report shall be transmitted to the Minister and to the municipality which requested the inquiry, where such is the case. It shall relate the findings of the inquiry and contain such recommendations as the person who made the inquiry may see fit to make.

1988, c. 75, s. 187.

188. The Minister may advise on police matters persons engaged in police work.

1988, c. 75, s. 188.

TITLE V PENAL PROVISIONS

189. Every employer of a person acting as a peace officer and belonging to a class of peace officers designated by regulation of the Government who fails to furnish to the Minister, in the prescribed manner, the information relating to the status of peace officer prescribed by regulation is guilty of an offence.

1988, c. 75, s. 189.

190. The Director General of the Sûreté du Québec, the director of any other police force or the person responsible for any class of peace officers designated by regulation of the Government is guilty of an offence if he fails to submit to the Minister, on his request and within the time indicated by him, any report provided for in section 173.

1988, c. 75, s. 190.

191. Every person who contravenes any provision of section 85 or 177 is liable to a fine of $200 to $2 000 and, for any subsequent offence, to a fine of $400 to $4 000.

1988, c. 75, s. 191; 1990, c. 4, s. 960.

192. Every person who contravenes any provision of sections 55, 189 and 190 is liable to a fine of $100 to $1 000 and, for any subsequent offence, to a fine of $200 to $2 000.

1988, c. 75, s. 192; 1990, c. 4, s. 961.

193. Every person who, through encouragement or advice or by means of an order, leads another person to commit an offence is guilty of the offence, and of any other offence the other person commits as a result of his encouragement, advice or order, as if he had committed it himself, if he knew or should have known that his encouragement, advice or order would probably result in the commission of the offence.

1988, c. 75, s. 193.

194. Every person who, by his act or omission, aids another person to commit an offence is guilty of the offence as if he had committed it himself, if he knew or should have known that his act or omission would probably result in aiding to commit the offence.

1988, c. 75, s. 194.

195. Where a legal person commits an offence under this Act, every director, employee or representative of the legal person who ordered, recommended or consented to the commission of the offence is a party to the offence and liable to the penalty prescribed for it.

1988, c. 75, s. 195; 1999, c. 40, s. 201.

196. (Repealed).

1988, c. 75, s. 196; 1990, c. 4, s. 962.

TITLE VI STATUTORY AMENDMENTS

ACT RESPECTING DETECTIVE OR SECURITY AGENCIES

197. (Amendment integrated into c. A-8, s. 10).

1988, c. 75, s. 197.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL

198. (Amendment integrated into c. C-37.2, s. 178).

1988, c. 75, s. 198.

199. (Amendment integrated into c. C-37.2, s. 179).

1988, c. 75, s. 199.

200. (Amendment integrated into c. C-37.2, s. 192).

1988, c. 75, s. 200.

201. (Amendment integrated into c. C-37.2, s. 196).

1988, c. 75, s. 201.

202. (Omitted).

1988, c. 75, s. 202.

ACT RESPECTING MUNICIPAL TAXATION

203. (Amendment integrated into c. F-2.1, s. 204).

1988, c. 75, s. 203.

204. (Amendment integrated into c. F-2.1, s. 255).

1988, c. 75, s. 204.

POLICE ACT

205. (Amendment integrated into c. P-13, s. 1).

1988, c. 75, s. 205.

206. (Omitted).

1988, c. 75, s. 206.

207. (Amendment integrated into c. P-13, s. 3).

1988, c. 75, s. 207; 1990, c. 4, s. 963.

208. (Amendment integrated into c. P-13, s. 6).

1988, c. 75, s. 208.

209. (Amendment integrated into c. P-13, s. 6.1).

1988, c. 75, s. 209.

210. (Omitted).

1988, c. 75, s. 210.

211. (Inoperative, 2000, c. 12, s. 353).

1988, c. 75, s. 211.

212. (Amendment integrated into c. P-13, ss. 44, 45).

1988, c. 75, s. 212.

213. (Amendment integrated into c. P-13, s. 46).

1988, c. 75, s. 213.

214. (Amendment integrated into c. P-13, s. 47).

1988, c. 75, s. 214.

215. (Amendment integrated into c. P-13, s. 48).

1988, c. 75, s. 215.

216. (Amendment integrated into c. P-13, s. 49).

1988, c. 75, s. 216.

217. (Amendment integrated into c. P-13, s. 50).

1988, c. 75, s. 217.

218. (Amendment integrated into c. P-13, s. 51).

1988, c. 75, s. 218.

219. (Amendment integrated into c. P-13, s. 52).

1988, c. 75, s. 219.

220. (Amendment integrated into c. P-13, s. 54).

1988, c. 75, s. 220.

221. (Amendment integrated into c. P-13, s. 55).

1988, c. 75, s. 221.

222. (Amendment integrated into c. P-13, s. 56).

1988, c. 75, s. 222.

223. (Inoperative, 2000, c. 12, s. 353).

1988, c. 75, s. 223.

224. (Amendment integrated into c. P-13, s. 64).

1988, c. 75, s. 224.

225. (Amendment integrated into c. P-13, s. 64.1).

1988, c. 75, s. 225.

226. (Omitted).

1988, c. 75, s. 226.

227. (Amendment integrated into c. P-13, s. 64.3).

1988, c. 75, s. 227.

228. (Amendment integrated into c. P-13, s. 65).

1988, c. 75, s. 228.

229. (Amendment integrated into c. P-13, s. 69).

1988, c. 75, s. 229.

230. (Amendment integrated into c. P-13, s. 73).

1988, c. 75, s. 230.

231. (Amendment integrated into c. P-13, s. 74.1).

1988, c. 75, s. 231.

232. (Amendment integrated into c. P-13, s. 75).

1988, c. 75, s. 232.

233. (Amendment integrated into c. P-13, s. 79).

1988, c. 75, s. 233.

234. (Amendment integrated into c. P-13, s. 79.2).

1988, c. 75, s. 234.

235. (Amendment integrated into c. P-13, s. 88).

1988, c. 75, s. 235.

236. (Omitted).

1988, c. 75, s. 236.

237. (Amendment integrated into c. P-13, s. 98.6).

1988, c. 75, s. 237.

238. (Amendment integrated into c. P-13, s. 98.7).

1988, c. 75, s. 238.

239. (Amendment integrated into c. P-13, s. 98.8).

1988, c. 75, s. 239.

PUBLIC PROTECTOR ACT

240. (Amendment integrated into c. P-32, s. 18).

1988, c. 75, s. 240.

Not in force

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

Not in force

241. Schedule I to the Act respecting the Civil Service Superannuation Plan (chapter R-12) is amended by replacing the words “the Commission de police du Québec” in paragraph 2 by the words “the Tribunal de la déontologie policière”.

1988, c. 75, s. 241.

ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

242. (Amendment integrated into c. V-6.1, s. 370).

1988, c. 75, s. 242.

243. (Amendment integrated into c. V-6.1, s. 372).

1988, c. 75, s. 243.

TITLE VII TRANSITIONAL PROVISIONS

244. The Institut de police du Québec established by this Act acquires the rights and shall assume the obligations of the Institut de police du Québec established by the Police Act (chapter P-13).

1988, c. 75, s. 244.

245. The Minister and the Institut de police du Québec shall enter into an agreement permitting the transfer to the institute of the public servants with permanent tenure of the Institut de police du Québec.

1988, c. 75, s. 245.

246. The agreement shall preserve accumulated sick-leave and vacation of the public servants and determine the classification and seniority of each.

1988, c. 75, s. 246.

247. The agreement shall stipulate that in no case may the salary of a public servant who agrees to be transferred to the institute be reduced by the sole fact of the transfer.

1988, c. 75, s. 247.

248. The agreement shall provide mechanisms for the settlement of any disagreement arising from its interpretation.

1988, c. 75, s. 248.

249. The institute shall take as an employee every public servant referred to in section 245 who agrees to be transferred to the institute.

1988, c. 75, s. 249.

250. Every public servant who, within the time allotted in the agreement, agrees to be transferred to the institute shall become, on the date fixed in the agreement, an employee with permanent tenure of the institute. He shall then be governed solely by the conditions of employment in force at the institute and shall, if applicable, become a member of the appropriate bargaining unit.

Every public servant who, within the time allotted in the agreement, fails to signify his refusal to be transferred to the institute is deemed to have agreed to be transferred to the institute.

1988, c. 75, s. 250.

251. Every public servant who becomes an employee of the institute pursuant to the agreement provided for in section 245 shall have the privilege, as long as he holds that position, to apply for a transfer or enter a competition for promotion to a position in the public service in accordance with the Public Service Act (chapter F-3.1.1).

1988, c. 75, s. 251.

252. An employee contemplated by section 251 may, while he is employed by the institute, apply to the chairman of the Conseil du trésor for an opinion as to the classification he would be assigned in the public service. The opinion must take account of the classification that the employee had in the public service and the years of experience and formal training he has acquired since he has been in the employ of the institute.

1988, c. 75, s. 252; 1996, c. 35, s. 19.

253. The chairman of the Conseil du trésor shall issue to every employee contemplated by section 251 who applies for a transfer or enters a competition for promotion a notice of classification established in accordance with the criteria provided in section 252.

1988, c. 75, s. 253; 1996, c. 35, s. 19.

254. If some or all of the activities of the institute cease, or in the case of a lack of work, an employee contemplated by section 251 is entitled to be assigned by the chairman of the Conseil du trésor to a position in the public service that corresponds to a classification established in accordance with the criteria provided in section 252.

The employee contemplated by section 251 shall then be placed on reserve in the public service, and he remains employed by the institute until the chairman of the Conseil du trésor is able to assign him a position.

1988, c. 75, s. 254; 1996, c. 35, s. 19.

255. The police ethics commissioner acquires the rights and shall assume the obligations of the Commission de police du Québec, to the extent and on the dates determined by the Government.

1988, c. 75, s. 255; 1990, c. 27, s. 23.

256. The term of the members of the Commission de police du Québec expires on 1 September 1990.

1988, c. 75, s. 256.

257. Inquiries concerning a police force in progress before the Commission de police du Québec on 1 September 1990 shall be continued by the Minister or by the person mandated by him, in accordance with the provisions of the Police Act (chapter P-13) as they read on 31 August 1990.

1988, c. 75, s. 257; 1990, c. 27, s. 24.

258. Inquiries into the conduct of any member of the Sûreté du Québec or the Police Department of the Communauté urbaine de Montréal or of any municipal police officer or special constable, in progress before the Commission de police du Québec on 1 September 1990 or requested of the Commission pursuant to section 21 of the Police Act (chapter P-13) before 1 September 1990, shall be continued or, as the case may be, conducted by the Comité de déontologie policière in accordance with the provisions of the Police Act as they read on 31 August 1990.

Effective 1 September 1990, the police ethics commissioner shall decide whether to hold the inquiries requested of the Commission de police du Québec pursuant to the second paragraph of section 21 of the Police Act.

Appeals brought before the Commission de police before 1 September 1990 under the third paragraph of section 79 of the Police Act shall be heard and decided by the Comité de déontologie policière in accordance with the provisions of the Police Act as they read on 31 August 1990.

1988, c. 75, s. 258; 1990, c. 27, s. 25.

259. The Minister shall become a party to any proceedings to which the Commission de police du Québec was a party on 31 August 1990, without continuance of suit.

1988, c. 75, s. 259.

260. Every by-law of the Commission de police du Québec or regulation of the Government remains in force until it is replaced or repealed by the Government, where such is the case.

1988, c. 75, s. 260.

261. (Repealed).

1988, c. 75, s. 261; 1990, c. 27, s. 26.

262. The provisions governing the retirement of the secretary and members of the Commission de police du Québec are those contained in their deeds of appointment. Nevertheless, retirement with a pension may be granted to such a person if he is a participant in a pension plan and applies therefor after 25 years of service.

This section has effect, in respect of each such person, from the date of his deed of appointment.

Every such person may avail himself of the provisions of this section whether or not he ceases to be the secretary or a member of the Commission.

1988, c. 75, s. 262.

262.1. The pension referred to in the first paragraph of section 262 is granted without actuarial reduction to a person who is a participant in a pension plan if the person satisfies one of the following requirements:

(1)  the person is 60 years of age or over;

(2)  the person has 30 or more years of service; or

(3)  the person has, in years of age and years of service, a combined total of 80 or more.

If the person does not satisfy any of the requirements, that part of his pension that pertains to the years and parts of years of service credited after 31 December 1991 is reduced for its duration by 0.25 % per month, computed for each month comprised between the date on which his pension is granted and the nearest date on which it would otherwise have been granted to him under subparagraph 1, 2 or 3 of the first paragraph.

1994, c. 20, s. 3.

262.2. The Government may, in respect of a person receiving a pension reduced pursuant to the second paragraph of section 262.1, provide for any measure to offset the reduction and prescribe the rules, terms and conditions applicable to such a measure.

1994, c. 20, s. 3.

263. The officers of the Commission de police du Québec who act as investigators become, to the extent and on the dates determined by the Government, members of the staff of the police ethics commissioner, without further formality.

The other officers of the Commission de police du Québec become, on the conditions and in the manner determined by the Government, public servants of the Ministère de la Sécurité publique.

1988, c. 75, s. 263.

264. The records and other documents of the Commission de police du Québec relating to matters devolved upon the Minister of Public Security are transferred to him.

All other records and documents become, without further formality, those of the police ethics commissioner.

1988, c. 75, s. 264; 1990, c. 27, s. 27.

265. Any breach or transgression of police ethics or discipline having occurred before 1 September 1990 remains governed by the legislative or regulatory provisions applicable to it on 31 August 1990.

1988, c. 75, s. 265.

TITLE VIII FINAL PROVISIONS

266. The Comunauté urbaine de Montréal is a municipality for the purpoes of Titles III and IV of this Act.

1988, c. 75, s. 266.

267. A special constable is regarded as a police officer solely for the purposes of Titles II and V.

1988, c. 75, s. 267.

268. (Repealed).

1988, c. 75, s. 268; 1990, c. 27, s. 28; 1997, c. 52, s. 50.

268.1. (Repealed).

1990, c. 27, s. 29; 1997, c. 52, s. 50.

269. For the purposes of Title II, the following person or body is regarded as the director of the police force of the person whose conduct is the subject-matter of a complaint:

(1)  the Minister, if the person concerned is the Director General of the Sûreté du Québec;

(2)  the executive committee of the Communauté urbaine de Montréal, if the person concerned is the director of the Police Department of the community;

(3)  notwithstanding any contrary provision of any general law or special Act, the council of the municipality, if the person concerned is the director of the police force of that municipality;

(4)  the employer, if the person concerned is a special constable or the director of a police force established or maintained under an agreement made under Division IV.0.1 of the Police Act (chapter P-13).

1988, c. 75, s. 269; 1995, c. 12, s. 5.

270. Paragraph 4 of section 130 does not apply to a special constable.

1988, c. 75, s. 270.

271. This Act shall not be interpreted as restricting the administrative power of the employer or, as the case may be, of the director of a police force, to provisionally relieve a police officer or special constable of his duties, with or without salary, if he has reasonable cause to believe that the police officer or special constable has infringed the Code of ethics, committed and indictable or penal offence or a serious transgression likely to jeopardize proper performance of his duties.

Nothing in this section affects in any way the right of the police officer or special constable to contest the decision by way of a grievance or otherwise.

1988, c. 75, s. 271.

272. The Minister of Public Security is responsible for the administration of this Act.

1988, c. 75, s. 272.

273. (Omitted).

1988, c. 75, s. 273.

SCHEDULE I

OATH

(Sections 41 and 102)

I, A. B. declare under oath that I will fulfil the duties of my office honestly, impartially and justly, and that I will not receive any sum of money or benefit for what I may do in the performance of my duties other than what may be allowed me according to law.

1988, c. 75, Schedule I; 1990, c. 27, s. 30; 1999, c. 40, s. 201.

SCHEDULE II

OATH OF SECRECY

(Sections 41 and 102)

I, A. B. declare under oath that I will neither reveal nor disclose, without being so authorized by law, anything I may gain knowledge of in the performance of my duties.

1988, c. 75, Schedule II; 1990, c. 27, s. 30; 1999, c. 40, s. 201.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 75 of the statutes of 1988, in force on 1 March 1990, is repealed, except section 273, effective from the coming into force of chapter O-8.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 14 to 19, 21 to 26, 35, 36, 47 to 88, 108 to 134, 169 to 201, 205 to 210, 212 to 222, 224 to 240, 242 to 260 and 262 to 271 of chapter 75 of the statutes of 1988, in force on 1 September 1990, are repealed effective from the coming into force of the updating to 1 September 1990 of chapter O-8.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 202 of chapter 75 of the statutes of 1988, in force on 1 April 2000, is repealed effective from the coming into force of the updating to 1 April 2000 of chapter O-8.1 of the Revised Statutes.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1988, c. 75, s. 273).