L-6.1, r. 2 - Regulation respecting the selection criteria and training of members of the specialized investigation unit of the Anti-Corruption Commissioner

Updated to 12 December 2023

This document has official status.

chapter L-6.1, r. 2

Regulation respecting the selection criteria and training of members of the specialized investigation unit of the Anti-Corruption Commissioner

Anti-Corruption Act

(chapter L-6.1, s. 14.01, 2nd par.).

DIVISION I SELECTION CRITERIA FOR MEMBERS OF THE SPECIALIZED INVESTIGATION UNIT

O.C. 1117-2021, Div. I.

1. The following criteria are considered for the selection of a candidate to be a member of the specialized investigation unit of the Anti-Corruption Commissioner:

(1)  personal and relationship skills, in particular probity, adherence to organizational values, and sense of ethics and public service;

(2)  intellectual qualities;

(3)  operational abilities;

(4)  motivation and interest;

(5)  knowledge;

(6)  experience.

The criteria are evaluated according to the office to be filled within the specialized investigation unit and the candidate profile sought to hold the office.

O.C. 1117-2021, s. 1.

DIVISION II TRAINING OF MEMBERS OF THE SPECIALIZED INVESTIGATION UNIT

O.C. 1117-2021, Div. II.

2. A member of the specialized investigation unit whose main task is to exercise investigative functions must have successfully completed the investigative training program of the Anti-Corruption Commissioner offered by the École nationale de police du Québec, which includes

(1)  a preparatory component;

(2)  a component composed of the courses in the school’s basic training program in police investigation; and

(3)  an anti-corruption investigation specialization component.

A member whose main function is to supervise, as a ranking junior officer, unit members who exercise investigative functions must have successfully completed the training provided for in the first paragraph and the school’s investigation supervision course.

O.C. 1117-2021, s. 2.

3. The training components provided for in subparagraphs 1 and 2 of the first paragraph of section 2 must be successfully completed not later than 18 months following the date on which the member took up the functions of the office. Until such time as the component in subparagraph 2 is successfully completed, the member may exercise the investigative functions assigned, where applicable, by the Associate Commissioner for Investigations, under the supervision of another unit member whose main task is to exercise investigative functions and who satisfies the first paragraph of section 2. The training component provided for in subparagraph 3 of the first paragraph of section 2 must be successfully completed not later than 24 months following the successful completion of the component in subparagraph 2 or, if the member has already successfully completed that component on the date of taking office, not later than 24 months following that date.

The training provided for in the second paragraph of section 2 must be successfully completed not later than 24 months following the date on which the member took office in the functions referred to in that paragraph.

O.C. 1117-2021, s. 3.

4. A member of the specialized investigation unit is deemed to satisfy subparagraph 1 of the first paragraph of section 2 if, on the date of taking office, the member satisfied subparagraph 4 of the first paragraph of section 115 of the Police Act (chapter P-13.1).

In addition, a member is deemed to satisfy subparagraphs 1 and 2 of the first paragraph of section 2 if the member could exercise an investigative function without supervision in accordance with the Regulation respecting the minimum qualifications required to exercise investigative functions within a police force (chapter P-13.1, r. 3) in the 2 years preceding the date of taking office.

O.C. 1117-2021, s. 4.

5. A member of the specialized investigation unit who exercises management functions, as a ranking senior officer, must have successfully completed a police management training course offered or recognized by the school.

The training course must be successfully completed not later than 24 months following the date on which the member took office in the functions referred to in the first paragraph.

O.C. 1117-2021, s. 5.

6. An equivalence for a program or training activity provided for in this Regulation may be granted in accordance with the By-law to establish the Training Plan Regulation of the École nationale de police du Québec (chapter P-13.1, r. 4).

O.C. 1117-2021, s. 6.

7. A member of the specialized investigation unit who does not exercise the functions referred to in this Regulation is not subject to this Division.

O.C. 1117-2021, s. 7.

DIVISION III TRANSITIONAL AND FINAL

O.C. 1117-2021, Div. III.

8. A member of the specialized investigation unit in office on the date of coming into force of this Regulation (2021-09-02) and who, on that date, may exercise an investigative function under supervision in accordance with section 2 of the Regulation respecting the minimum qualifications required to exercise investigative functions within a police force (chapter P-13.1, r. 3) is deemed to satisfy subparagraph 1 of the first paragraph of section 2. The training component provided for in subparagraph 2 of the first paragraph of section 2 must be successfully completed by the member not later than 18 months following the date of coming into force of this Regulation. Until such time as that component is successfully completed, the member may exercise investigative functions within the specialized investigation unit under the supervision of another unit member whose main task is to exercise investigative functions and who satisfies the first paragraph of section 2. The training component provided for in subparagraph 3 of the first paragraph of section 2 must be successfully completed not later than 24 months following the successful completion of the component provided for in subparagraph 2.

O.C. 1117-2021, s. 8.

9. A member of the specialized investigation unit in office on the date of coming into force of this Regulation (2021-09-02) and who, on that date, may exercise an investigative function without supervision in accordance with the Regulation respecting the minimum qualifications required to exercise investigative functions within a police force (chapter P-13.1, r. 3) is deemed to satisfy the first paragraph of section 2.

O.C. 1117-2021, s. 9.

10. A member of the specialized investigation unit in office on the date of coming into force of this Regulation (2021-09-02) and whose main function, on that date, is to supervise, as a ranking junior officer, unit members who exercise investigative functions is deemed to satisfy the second paragraph of section 2.

O.C. 1117-2021, s. 10.

11. A member of the specialized investigation unit in office on the date of coming into force of this Regulation (2021-09-02) and who, on that date, exercises management functions, as a ranking senior officer, is deemed to satisfy the first paragraph of section 5.

O.C. 1117-2021, s. 11.

12. The Commissioner may, for a valid reason, grant an extension of a time period provided for in this Regulation. The Commissioner informs the Minister of Public Security once a year of the reason for each extension that is granted.

O.C. 1117-2021, s. 12.

13. (Omitted).

O.C. 1117-2021, s. 13.

REFERENCES

O.C. 1117-2021, 2021 G.O. 2, 3415