Province of Alberta

POLICE ACT

Revised Statutes of Alberta 2000

Chapter P-17

Current as of December 9, 2016

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Note

All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.

Regulations

The following is a list of the regulations made under the Police Act that are filed
as Alberta Regulations under the Regulations Act

Alta. Reg. Amendments

Police Act
Exempted Areas Police Service
Agreements ..............................................164/2014
Police Service .................................................356/90 ............. 53/2003, 31/2007,
136/2008, 44/2011,
170/2012, 22/2014,
114/2014
 POLICE ACT

Chapter P-17

Table of Contents
1 Definitions

Part 1
Administration
2 Responsibility of Ministers
3 Responsibility of Government for policing
3.1 Minister’s responsibility for policing standards
4 Responsibility for providing policing services
5 Exceptions
6 Determination of population
7 Hamlets, improvement districts and special areas
8 Director of Law Enforcement

Part 2
Law Enforcement Review Board
9 Law Enforcement Review Board
10 Board Chair
11 Vacancies on Board
12 Signing of documents
13 Board secretary
14 Annual report
15 Legal counsel
16 Powers of Board
17 Jurisdiction of the Board
18 Appeal to Court of Appeal
19 Conduct of Board business
19.1 Panels
19.2 Review and hearing
19.3 Dismissal by Board
20 Matters governing hearings, inquiries and appeals

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POLICE ACT Chapter P-17

20.1 Application

Part 3
Police Services and Commissions
21 Provincial police service
22 Municipal policing by another police service
23 Policing committees
24 Regional police services
25 Regional police commissions
26 Responsibility of a regional police commission
27 Municipal police services
28 Commissions
28.1 Public Complaint Director
28.2 Regional Public Complaint Director
28.3 Provincial Public Complaint Director
29 Police budgets and plans
30 Ministerial intervention
31 Commission’s responsibility
32 Commission inquiry
33 Police officers serving outside their municipality

Part 4
Police Officers
34 Qualifications re police officers
35 Qualifications re chiefs of police
36 Appointments of chiefs of police and police officers
37 Dismissals and lay-offs of police officers
38 Authority, duties and jurisdiction of police officers
39 Liability re municipal police services
40 Liability re other persons
41 Duties of chiefs of police
Part 5
Complaints and Discipline
42.1 Complaints
43 Bringing of complaints
43.1 Informal resolution of complaint
44 Complaints re policies and services
45 Complaints re police officers
46 Complaints re chiefs of police
46.1 Serious incidents and complaints
46.2 Integrated investigative unit
47 Conduct of hearing

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Section 1 POLICE ACT Chapter P-17

47.1 Application
48 Appeals to the Board
49 Complaints re RCMP
51 Use of evidence
52 Report of complaints
52.1 Validation of hearings under Part 5

Part 6
General
53 Lock-ups
54 Impersonating a police officer
55 Uniforms and insignia
56 Application to Court
57 General penalty
58 Service of documents
59 Bylaws and resolutions
60 Police Officers Collective Bargaining Act
60.1 Commissioned officers
61 Lieutenant Governor in Council regulations
62 Ministerial regulations
63 Transitional

Schedule 1 - Oath of Office (Members of Police Commissions)

Schedule 2 - Oath of Office (Members of Policing Committees)
Schedule 3 - Oath of Allegiance and Office (Police Officers and
Other Peace Officers)

HER MAJESTY, by and with the advice and consent of the

Legislative Assembly of Alberta, enacts as follows:

Definitions
1 In this Act,

(a) “Board” means the Law Enforcement Review Board;

(b) “Chair” means the Chair of the Board;

(c) “commission” means a police commission established under

section 25 or 28;

(d) “complainant” means a person who makes a complaint

under section 42.1;

(d.1) “complaint” means a complaint under section 42.1;

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Section 1 POLICE ACT Chapter P-17

(e) “council” means

(i) the council of a city, town, village, summer village,

specialized municipality, municipal district or Metis
settlement;

(ii) in the case of a hamlet, the council of the municipal

district in which the hamlet is situated;

(iii) in the case of an improvement district, the Minister

responsible for the Municipal Government Act;

(iv) in the case of a special area, the Minister responsible for

the Special Areas Act;

(f) “Director” means the Director of Law Enforcement

appointed under section 8;

(g) “Minister” means the Minister designated under section 16

of the Government Organization Act as the Minister
responsible for this Act;

(h) “municipal police service” means a police service

established under section 27;

(i) “municipality” means a city, town, village, summer village,

specialized municipality or municipal district and includes a
Metis settlement;

(j) “peace officer” means a person employed for the purposes

of preserving and maintaining the public peace;

(k) “police officer” means an individual who

(i) is appointed under section 36 as a police officer or a

chief of police,

(ii) is a member of the Royal Canadian Mounted Police,

(ii.1) is appointed under section 5 as a police officer, or

(iii) is a member of the provincial police service;

(l) “police service” means

(i) a regional police service;

(ii) a municipal police service;

(iii) the provincial police service;

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Section 2 POLICE ACT Chapter P-17

(iv) a police service established under an agreement made

pursuant to section 5;

(m) “policing committee” means a policing committee

established under section 23;

(n) “provincial police service” means the Royal Canadian

Mounted Police where an agreement is entered into under
section 21(1);

(o) repealed 2010 c21 s2;

(p) “regional police service” means a police service established

under section 24.

(q) repealed 2006 cP-3.5 s38.

RSA 2000 cP-17 s1;2005 c31 s2;2006 cP-3.5 s38;
2010 c21 s2

Part 1
Administration
Responsibility of Ministers
2(1) The Minister is charged with the administration of this Act.

(2) Notwithstanding anything in this Act, all police services and

peace officers shall act under the direction of the Minister of
Justice and Solicitor General in respect of matters concerning the
administration of justice.
RSA 2000 cP-17 s2;2005 c31 s3;2013 c10 s34

Responsibility of Government for policing

3 The Government of Alberta is responsible for ensuring that
adequate and effective policing is maintained throughout Alberta.
RSA 2000 cP-17 s3;2005 c31 s4

Minister’s responsibility for policing standards

3.1 The Minister may, subject to the regulations,

(a) establish standards for

(i) police services,

(ii) police commissions, and

(iii) policing committees,

and

(b) ensure that standards are met.

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Section 4 POLICE ACT Chapter P-17

2005 c31 s5;2005 c43 s2

Responsibility for providing policing services

4(1) As part of providing provincial policing services generally,

(a) every municipal district and Metis settlement and, subject to

subsection (6), a specialized municipality, and

(b) every town, village and summer village that has a

population that is not greater than 5000,

shall, subject to subsection (3), receive general policing services

provided by the provincial police service at no direct cost to the
town, village, summer village, municipal district or Metis
settlement.

(2) Notwithstanding subsection (1), a municipality referred to in

subsection (1) may, for the purpose of providing policing services
specifically for the municipality, do one of the following:

(a) engage the provincial police service as a municipal police

service under section 22(1);

(b) enter into an agreement for the provision of municipal

policing services under section 22(3);

(c) establish a regional police service under section 24;

(d) establish a municipal police service under section 27.

(3) Subsection (1) does not apply to a municipality while it is

receiving municipal policing services pursuant to subsection (2).

(4) Repealed 2005 c31 s6.

(5) A city, town, village or summer village that has a population

that is greater than 5000 shall, for the purpose of providing policing
services specifically for the municipality, do one of the following:

(a) enter into an agreement for the provision of municipal

policing services under section 22(2) or (3);

(b) establish a regional police service under section 24;

(c) establish a municipal police service under section 27.

(6) A specialized municipality is responsible for the policing of an

urban service area with a population greater than 5000 within that
specialized municipality in accordance with subsection (5).
RSA 2000 cP-17 s4;2005 c31 s6

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Section 5 POLICE ACT Chapter P-17

Exceptions
5(1) The Minister may

(a) exempt any part of Alberta from the operation of all or any
provision of this Act, and

(b) make any arrangements or agreements the Minister

considers proper for the policing of that part of Alberta
exempted under clause (a), including appointing police
officers.

(2) and (3) Repealed 2005 c31 s7.

(4) When a town, village or summer village attains a population

that is greater than 5000, that municipality shall assume
responsibility for providing its policing services under section 4(5)
on April 1 in the 2nd year following the year

(a) in which it was determined that the municipality had

attained a population that is greater than 5000, or

(b) in the case where an order is made under subsection (5), in

which the Minister is satisfied that the population of the
municipality will continue to remain in excess of 5000.

(5) Notwithstanding subsection (4), if the Minister is of the

opinion that the population of a municipality referred to in
subsection (4) will not remain in excess of 5000, the Minister may
by order exempt that municipality from the operation of subsection
(4) until the Minister is satisfied that the population of the
municipality will continue to remain in excess of 5000.
RSA 2000 cP-17 s5;2005 c31 s7

Determination of population
6 For the purposes of this Act, the population of a city, town,
village or summer village shall be determined in accordance with
the regulations under the Municipal Government Act.
1988 cP-12.01 s6;1994 cM-26.1 s642(51)

Hamlets, improvement districts and special areas

7 This Act and the regulations apply to

(a) a hamlet as if it were a village, and

(b) an improvement district or special area as if it were a

municipal district.
1988 cP-12.01 s7

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Section 8 POLICE ACT Chapter P-17

Director of Law Enforcement

8(1) In accordance with the Public Service Act, there shall be
appointed a Director of Law Enforcement.

(2) The duties of the Director include the following:

(a) monitoring police services to ensure that adequate and

effective policing is maintained both municipally and
provincially;

(a.1) monitoring the handling by chiefs of police and

commissions of complaints;

(b) developing and promoting crime prevention and restorative

justice programs;

(c) developing and promoting programs to enhance professional

practices, standards and training for police services,
commissions and policing committees;

(d) assisting in the co-ordination of policing services;

(e) consulting with and advising councils, commissions,

policing committees, chiefs of police and authorized
employers of peace officers appointed under the Peace
Officer Act on matters relating to police and policing;

(f) developing, maintaining and managing programs and

statistical records and conducting research studies in respect
of offences and enforcement practices.
RSA 2000 cP-17 s8;2005 c31 s8;2006 cP-3.5 s38;
2010 c21 s3

Part 2
Law Enforcement Review Board
Law Enforcement Review Board
9(1) The Lieutenant Governor in Council shall establish a board to
be known as the “Law Enforcement Review Board” composed of
not fewer than 3 members appointed by the Lieutenant Governor in
Council.

(2) At least one member of the board shall be an active member of

The Law Society of Alberta.

(3) A member of the Board must be appointed for a term of not

more than 3 years and, subject to the Alberta Public Agencies
Governance Act and any applicable regulations under that Act, is
eligible for reappointment.

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Section 10 POLICE ACT Chapter P-17

(4) Notwithstanding that the term of office of a member of the

Board may have expired, the member continues to hold office until

(a) the member is reappointed,

(b) a successor is appointed, or

(c) a period of 6 months has elapsed,

whichever occurs first.

(5) The members of the Board shall be paid

(a) fees or remuneration, and

(b) expenses for subsistence and travelling while absent from

their ordinary places of residence in the course of their
duties as members of the Board,

as prescribed by the Lieutenant Governor in Council in accordance

with any applicable regulations under the Alberta Public Agencies
Governance Act.

(6) If regulations under the Alberta Public Agencies Governance

Act apply in respect of fees, remuneration or expenses to be paid to
members of the Board, those regulations prevail, to the extent of
any conflict or inconsistency, over any regulations prescribing fees,
remuneration or expenses under subsection (5).
RSA 2000 cP-17 s9;2009 cA-31.5 s65

Board Chair
10(1) The Lieutenant Governor in Council shall designate one of
the members of the Board who is an active member of The Law
Society of Alberta as Chair of the Board.

(1.1) The Chair may designate a member of the Board to be acting

Chair when the Chair is absent.

(1.2) An acting Chair has all the functions, powers and duties of
the Chair, unless the designation provides otherwise.

(2) If the Chair is unable to act as Chair for any reason and is
unable to designate a member as acting Chair under subsection
(1.1), the member in attendance with the longest period of service
on the Board shall act in the place of the Chair.

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Section 11 POLICE ACT Chapter P-17

(3) For the purposes of subsection (2), if 2 or more persons have

an equal period of service on the Board, the member in attendance
named earliest in the order appointing the members shall act in the
place of the Chair.
RSA 2000 cP-17 s10;2005 c43 s3

Vacancies on Board
11(1) When any member of the Board

(a) is absent from Alberta, or

(b) in the opinion of the Lieutenant Governor in Council, is by

reason of illness or any other cause incapable of performing
the member’s duties,

the Lieutenant Governor in Council may by order appoint a person

to act in the place of the absent or incapacitated member, on the
terms and at the remuneration prescribed by the Lieutenant
Governor in Council.

(2) The person appointed under subsection (1) has all the rights
and powers of a member of the Board and may, during the period
of time for which the person is appointed, discharge the duties of a
member of the Board.
1988 cP-12.01 s11

Signing of documents
12 An order or other document setting out a decision,
recommendation or direction of the Board may be signed by the
Chair or acting Chair and shall be admitted in evidence as proof, in
the absence of evidence to the contrary,

(a) that the decision, recommendation or direction is that of the

Board, and

(b) that the person signing the order or other document was
authorized to do so at the time of the signing,

without proof of the signature or appointment of the person signing

as Chair or acting Chair.
1988 cP-12.01 s12

Board secretary
13(1) The Minister may appoint a secretary to the Board, who
shall

(a) keep a record of all proceedings conducted before the

Board;

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Section 14 POLICE ACT Chapter P-17

(b) have the custody and care of the records and documents of
the Board;

(c) act as a registrar of all notices of appeal and complaints

received by the Board;

(d) prepare reports required by the Minister or the Chair of the

Board.

(2) A member of the Board may act as secretary in the absence of

the secretary.

(3) If the secretary is not an employee of the Government,

(a) the Lieutenant Governor in Council shall prescribe the fees

or remuneration to be paid to the secretary, and

(b) the secretary shall be paid expenses as prescribed by

regulation for subsistence and travelling while absent from
the secretary’s ordinary place of residence in the course of
the secretary’s duties as the secretary to the Board.
1988 cP-12.01 s13;1994 cG-8.5 s54

Annual report
14 After the end of each calendar year the Board shall file with
the Minister a report showing the number and nature of the appeals
and inquiries that it held, summaries of the findings made and any
other matter that the Minister directs.
1988 cP-12.01 s14;1994 cG-8.5 s54

Legal counsel
15 On the request of the Board or the Chair, the Minister of
Justice and Solicitor General may appoint a lawyer to assist the
Board in respect of an appeal or an inquiry.
RSA 2000 cP-17 s15;2013 c10 s34

Powers of Board
16 The Board and each member of the Board have

(a) all the powers of a commissioner appointed under the Public

Inquiries Act, and

(b) the powers given to the Board under the regulations.

1988 cP-12.01 s16

Jurisdiction of the Board

17(1) The Board

(a) may, on its own motion, conduct inquiries respecting

complaints,

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Section 18 POLICE ACT Chapter P-17

(a.1) shall conduct reviews of decisions of a commission referred

to the Board under section 43(12)(b)(i),

(b) shall conduct appeals referred to the Board under section 48

in accordance with section 19.2,

(c) shall at the request of the Minister conduct inquiries in

respect of any matter respecting policing or police services,
and

(d) shall conduct appeals under section 21 of the Peace Officer

Act.

(2) If the Board is of the opinion that the actions of a police officer
who is the subject of an appeal or an inquiry may constitute an
offence under an Act of the Parliament of Canada or the
Legislature of Alberta, the Board shall refer the matter to the
Minister of Justice and Solicitor General.

(3) Notwithstanding that the actions of the police officer have been
referred to the Minister of Justice and Solicitor General under
subsection (2), if the Board is of the opinion that those actions also
constitute a contravention of the regulations governing the
discipline or the performance of duty of police officers, the matter,
as it relates to that contravention, may be proceeded with by the
Board unless the Minister of Justice and Solicitor General directs
otherwise.
RSA 2000 cP-17 s17;2005 c31 s9;2006 cP-3.5 s38;
2010 c21 s4;2013 c10 s34

Appeal to Court of Appeal

18 The decision of the Board in respect of a matter appealed to it
under section 48 may,

(a) within 30 days from the day that the Board gives its
decision, and

(b) with the permission of a single judge of the Court of

Appeal,

be appealed to the Court of Appeal on a question of law.

RSA 2000 cP-17 s18;2008 c23 s2;2014 c13 s36

Conduct of Board business

19(1) The Board shall hold meetings as it considers necessary.

(2) The Board may hold sittings and conduct appeals or inquiries
at any place in Alberta.

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Section 19.1 POLICE ACT Chapter P-17

(3) The Chair, or the secretary to the Board at the direction of the
Chair, may

(a) arrange for matters to be set down before the Board;

(b) adjourn matters set down before the Board;

(c) perform the administrative functions that are necessary to

enable the Board to carry out its duties under this Act or the
Peace Officer Act.

(4) Repealed 2005 c43 s4.

RSA 2000 cP-17 s19;2005 c43 s4;2006 cP-3.5 s38

Panels
19.1(1) The Chair may designate any 2 or more members of the
Board, which may include the Chair, to sit as a panel of the Board
and may direct that panel to conduct any appeal, inquiry or review
that the Board may conduct.

(2) A quorum of a panel is 2 members.

(3) Notwithstanding subsections (1) and (2), where the Chair

considers it appropriate to do so, the Chair may designate one
member of the Board, which may include the Chair, to sit as a
panel of the Board to deal with preliminary or procedural matters
incidental to an appeal, inquiry or review.

(4) A decision made or action taken by a panel is a decision or

action of the Board.

(5) A panel of the Board may exercise and perform all the powers
and duties of the Board under this Act or any other enactment with
respect to the matter it is directed to deal with.

(6) For the purposes of subsection (5), any reference to the Board
in this Act or any other enactment is a reference to a panel of the
Board.

(7) If the Chair is not a member of a panel, the Chair must

designate one of the members of the panel to preside over the
panel.

(8) When an appeal, inquiry or review is conducted by a panel and

one or more members of the panel for any reason do not attend on
any day or part of a day, the remaining members present may, if
they constitute a quorum, exercise and perform all the powers and
duties of the panel with respect to that appeal, inquiry or review.

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Section 19.2 POLICE ACT Chapter P-17

(9) Two or more panels may sit simultaneously or at different

times.
2005 c43 s5

Review and hearing

19.2(1) Prior to scheduling an appeal for a hearing, the Board
shall, within 30 days of receipt of written notice of the appeal,
review the written notice of appeal and the record of the hearing
and may

(a) dismiss the matter if in the opinion of the Board the appeal
is frivolous, vexatious or made in bad faith, or

(b) notwithstanding section 20(2)(b), make a decision in respect

of the appeal based on the review of the record and
consideration of the factors set out in the regulations
respecting appeals, without conducting a hearing.

(2) Where the Board is unable to dismiss or conclude an appeal in

accordance with subsection (1), the Board may schedule a hearing
of the appeal.

(3) The Board may give directions to the affected parties in respect
of a review or a hearing and may extend or modify its directions on
reasonable request by a party.
2010 c21 s5

Dismissal by Board
19.3 The Board may dismiss an appeal if a direction given by the
Board under section 19.2(3) has not been complied with by a party
or if a party has not responded to the Board’s direction.
2010 c21 s5

Matters governing hearings, inquiries and appeals

20(1) For the purpose of conducting an appeal or an inquiry before
the Board, the following applies:

(a) a notice in writing of the time, place and purpose of the

appeal or inquiry shall be served on the person who is the
subject of the appeal or inquiry at least 10 days before the
commencement of the appeal or inquiry;

(b) a notice in writing of the time, place and purpose of the

appeal or inquiry shall be served at least 10 days before the
commencement of the appeal or inquiry on any other
person, in addition to the person referred to in clause (a), as
the Board directs;

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Section 20 POLICE ACT Chapter P-17

(c) the Board has, with respect to the holding of an appeal or an

inquiry, the same power as is vested in the Court of Queen’s
Bench for the trial of civil actions

(i) to summon and enforce the attendance of witnesses,

(ii) to compel witnesses to give evidence on oath or

otherwise, and

(iii) to compel witnesses to produce documents, records and

things;

(d) the Board may require

(i) the chief of police in respect of an investigation or a

hearing conducted under section 45, or

(ii) the person charged with the conduct of an investigation

or a hearing under section 45 or 46,

to produce to the Board, prior to an appeal or an inquiry,

copies of all investigation reports, statements,
correspondence or other documents or things relating to the
matter;

(e) if a person fails to attend, to answer questions or to produce

an item as required under clause (c) or (d), the Board may

(i) with respect to that person, exercise its power of

contempt as provided under the Public Inquiries Act, or

(ii) where it is unable to exercise the power of contempt

referred to in subclause (i), apply to the Court of
Queen’s Bench for an order committing that person for
contempt in the same manner as if that person were in
breach of an order or judgment of that Court;

(e.1) if a complainant fails to attend, to answer questions or to

produce an item as required under clause (c) or (d) or
refuses to participate or to follow processes or conducts
himself or herself in an inappropriate manner, the Board
may dismiss the matter;

(e.2) if a witness fails to attend or to answer questions or refuses

to participate or to follow processes or conducts himself or
herself in an inappropriate manner, the Board may dismiss
the witness and continue with the matter;

(f) the Board may accept any evidence that the Board considers
to be relevant to the determination of the issues and is not

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Section 20 POLICE ACT Chapter P-17

bound by the rules of law respecting evidence applicable to

judicial proceedings;

(g) in the case where the Board is conducting an appeal, the

Board may

(i) receive new evidence that was not available, or

(ii) refuse to receive new evidence if, in the opinion of the

Board, that evidence was available but not presented,

when the matter was initially heard or considered;

(h) repealed 2005 c43 s6;

(i) all oral evidence received shall be taken down in writing or

recorded by electronic means;

(j) all the evidence taken down in writing or recorded by

electronic means and all documentary evidence and things
received in evidence at an appeal or an inquiry form the
record of the proceeding;

(k) the Board may

(i) from time to time adjourn matters that are before the
Board, and

(ii) in respect of an appeal, before or after the expiration of

the time for service of a notice of appeal, extend the time
for service for a further period not exceeding 30 days;

(l) an appeal or an inquiry shall be held in public;

(m) notwithstanding clause (l), an appeal or an inquiry, or any

portion of it, may be held in private if, in the opinion of the
Board, it is in the public interest to do so;

(n) a person who is likely to be affected by an appeal or an

inquiry is entitled

(i) subject to clause (p), to appear before the Board,

(ii) to make representations to the Board, and

(iii) to be represented by a lawyer or an agent;

(o) a witness, other than one employed for a police service,

attending a proceeding before the Board is entitled to the
same fees and allowances as a witness summoned to attend

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Section 20 POLICE ACT Chapter P-17

at the Provincial Court unless otherwise provided for by a

regulation made under this Act;

(p) notwithstanding clause (n), in conducting an appeal the

Board may with the consent of the parties to the proceeding
decline to hold a hearing in respect of the appeal and base its
decision on

(i) the record of the proceeding being appealed from, and

(ii) the written submissions of the parties to the appeal.

(1.1) On an application for review under section 43(12)(b)(i) of a

decision of a commission, the Board shall without a hearing review
the record of the proceedings under section 43(8), (9) or (10) and
the reasons for the commission’s decision and may

(a) affirm the decision of the commission, or

(b) refer the complaint back to the commission or the chief with
directions that the complaint be dealt with in accordance
with Part 5.

(1.2) If at any time after a written notice of appeal has been filed
with the Board in accordance with section 48 the parties agree to a
resolution of the matter, the Board may issue an order respecting
the agreement.

(1.3) An order issued under subsection (1.2) concludes the appeal

process.

(2) Where the Board concludes an appeal

(a) in the case of an appeal commenced under section 48 from a

matter in respect of which a hearing was held, the Board
may

(i) allow the appeal,

(ii) dismiss the appeal,

(iii) vary the decision being appealed,

(iv) direct that the matter, subject to any directions that the
Board may give, be reheard under section 45 or 46, as
the case may be,

(v) affirm or vary the punishment imposed, or

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 RSA 2000
Section 20 POLICE ACT Chapter P-17

(vi) take any other action that the Board considers proper in
the circumstances,

and

(b) in the case of an appeal commenced under section 48 from a

matter in respect of which a hearing has not been held, the
Board may

(i) affirm the decision made under section 47,

(ii) direct that a hearing be conducted under section 45(3) or

46(4), as the case may be,

(iii) direct

(A) the chief of police, in the case of a complaint made in

respect of a police officer, or

(B) the commission, in the case of a complaint made in

respect of a chief of police,

to lay a charge under the regulations governing the

discipline or the performance of duty of police officers,

(iv) direct

(A) the chief of police, in the case of a complaint made in

respect of a police officer, or

(B) the commission, in the case of a complaint made in

respect of the chief of police,

to have the matter investigated again,

(iv.1) take any action required by the Peace Officer Act, or

(v) take any other action that the Board considers proper in
the circumstances.

(2.1) A decision of the Board under subsection (2) must be made

in writing within 60 days after the Board concludes the appeal.

(2.2) Notwithstanding subsection (2.1), the Board may extend the

60-day time period set out in subsection (2.1) on written notice in
accordance with subsection (3) to all of the parties whether or not
the period has expired.

(3) When the Board conducts an appeal or an inquiry, the

following must be informed in writing of the findings of the Board:

18
 RSA 2000
Section 20.1 POLICE ACT Chapter P-17

(a) the appellant, in the case of an appeal commenced under

section 48(1);

(b) the complainant and the police officer against whom the
complaint is made, in the case of an appeal commenced
under section 48(2);

(c) the commission;

(d) the Minister.

(4) If the Board is of the opinion that a party or counsel to a party

to an appeal or an inquiry has acted in a frivolous or vexatious
manner, or where the Board considers an award of costs warranted
in the circumstances, the Board may

(a) award costs against a party or counsel to a party in an

amount considered appropriate by the Board, and

(b) direct that the costs referred to in clause (a) be paid

(i) to any other party to the appeal or inquiry,

(ii) to the Crown in right of Alberta, or

(iii) partly to any other party to the appeal or inquiry and

partly to the Crown in right of Alberta.
RSA 2000 cP-17 s20;2005 c31 s10;2005 c43 s6;
2006 cP-3.5 s38;2010 c21 s6

Application
20.1 The amendments to sections 19 and 20 made by the Police
Amendment Act, 2005 (No. 2) apply only to inquiries and appeals
that commence after the coming into force of that Act.
2005 c43 s7

Part 3
Police Services and Commissions
Provincial police service
21(1) The Lieutenant Governor in Council may, from time to time,
authorize the Minister on behalf of the Government of Alberta to
enter into an agreement with the Government of Canada for the
Royal Canadian Mounted Police to provide a provincial police
service.

(2) When an agreement referred to in subsection (1) is in force, the

Royal Canadian Mounted Police are responsible for the policing of
all or any part of Alberta as provided for in the agreement.

19
 RSA 2000
Section 22 POLICE ACT Chapter P-17

(3) The Royal Canadian Mounted Police with respect to their

duties as the provincial police service shall, subject to the terms of
the agreement referred to in subsection (1), be under the general
direction of the Minister in matters respecting the operations,
policies and functions of the provincial police service other than
those matters referred to in section 2(2).
1988 cP-12.01 s21;1994 cG-8.5 s54

Municipal policing by another police service

22(1) The Government of Alberta may enter into an agreement
with the council of a municipality referred to in section 4(2) for the
provision of policing services specifically for the municipality by
the provincial police service subject to the sharing of costs as
determined by the Minister.

(2) Notwithstanding subsection (1), where the Minister considers it

necessary, the Minister may authorize a municipality that has a
population that is greater than 5000 to enter into an agreement with
the Government of Alberta for the provision of policing services
specifically for the municipality by the provincial police service
subject to the sharing of costs as determined by the Minister.

(3) Subject to the prior approval of the Minister, the council of a

municipality may enter into an agreement with

(a) the Government of Canada for the employment of the Royal

Canadian Mounted Police, or

(b) the council of another municipality,

for the provision of policing services to the municipality.

(4) If a municipality has entered into a policing agreement under

subsection (1), (2) or (3), it shall not, without the prior approval of
the Minister, withdraw from or alter the type of policing service
that it is receiving.

(5) Repealed 2005 c31 s11.

RSA 2000 cP-17 s22;2005 c31 s11

Policing committees
23(1) In this section, “officer in charge” means the officer in
charge of the unit of the police service that is providing policing
services to a municipality under section 22.

(2) A council that has entered into an agreement under section 22

may establish a policing committee.

(3) A council that establishes a policing committee shall, subject to

the regulations,

20
 RSA 2000
Section 23 POLICE ACT Chapter P-17

(a) prescribe the rules governing the operation of the policing

committee, and

(b) appoint the members of the policing committee.

(4) A policing committee shall consist of not fewer than 3 nor

more than 12 members.

(5) If

(a) 4 or fewer members are appointed under subsection (3), one

of them may be a member of the council or an employee of
the municipality, or

(b) 5 or more members are appointed under subsection (3), 2 of

them may be members of the council or employees of the
municipality.

(6) The council may provide for the payment of reasonable

remuneration or of a gratuity or allowance to members of the
policing committee.

(7) The term of office of a person appointed to a policing

committee is

(a) 3 years, or

(b) a term of less than 3 years, but not less than 2 years, as may
be fixed by bylaw.

(8) Notwithstanding subsection (7), a majority of the members

appointed to a newly established policing committee shall be
appointed for 3 years, and the remaining members shall be
appointed for 2 years.

(9) The members of a policing committee shall, at the first meeting

of the policing committee in each year, elect from among their
members a chair and one or more vice-chairs.

(10) A member who is a member of the council or an employee of

the municipality is not eligible to be elected as chair or vice-chair
of the committee.

(11) A member of a policing committee is eligible for

reappointment if the reappointment does not result in more than 10
consecutive years of service by that member.

(12) If a person who is a member of a council is a member of the

policing committee, that person’s appointment to the policing

21
 RSA 2000
Section 24 POLICE ACT Chapter P-17

committee terminates on that person’s ceasing to be a member of

the council.

(13) The appointment of a member to the policing committee may

not be revoked by the council except for cause.

(14) A policing committee shall, with respect to the municipality

for which it is established,

(a) oversee the administration of the agreement made under

section 22,

(b) assist in selecting the officer in charge,

(c) represent the interests of the council to the officer in charge,

(d) in consultation with the officer in charge, develop a yearly

plan of priorities and strategies for municipal policing,

(e) issue instructions to the officer in charge respecting the

implementation and operation of the yearly plan,

(f) represent the interests and concerns of the public to the

officer in charge,

(g) assist the officer in charge in resolving complaints, and

(h) appoint a Public Complaint Director.

(15) All persons appointed to a policing committee shall take the

oath set out in Schedule 2.
RSA 2000 cP-17 s23;2005 c31 s12;2010 c21 s7

Regional police services

24(1) Subject to the prior approval of the Minister, the councils of
2 or more municipalities may enter into an agreement to be policed
by one regional police service.

(2) The Government of Alberta may be a party to an agreement

referred to in subsection (1) if the region to be policed under the
agreement includes an area not contained within the limits of a
municipality that is subject to the agreement.

(3) If the council of a municipality has entered into an agreement

under this section, it shall not withdraw from the agreement
without the prior approval of the Minister.
1988 cP-12.01 s24;1994 cG-8.5 s54

22
 RSA 2000
Section 25 POLICE ACT Chapter P-17

Regional police commissions

25(1) The parties to an agreement entered into under section 24
shall, in accordance with the agreement and subject to the
regulations, establish a regional police commission.

(2) The appointment of a member to a regional police commission

may be revoked only for cause and in accordance with the
agreement entered into under section 24.

(3) All persons appointed to a regional police commission shall

take the oath set out in Schedule 1.
1988 cP-12.01 s25

Responsibility of a regional police commission

26 A regional police commission shall, on behalf of the parties to
an agreement entered into under section 24, establish and maintain
an adequate and effective regional police service under the general
supervision of the regional police commission.
1988 cP-12.01 s26

Municipal police services

27(1) A municipality that has assumed responsibility for
establishing a municipal police service under section 4(2)(d) or
(5)(c) shall establish and maintain an adequate and effective
municipal police service under the general supervision of a
municipal police commission.

(2) A municipality maintaining a municipal police service shall not

withdraw from providing that service except with the prior
approval of the Minister.
RSA 2000 cP-17 s27;2005 c31 s13

Commissions
28(1) A council, other than one that is party to an agreement
entered into under section 22 or 24, that

(a) has a municipal police service, or

(b) has the approval of the Minister to establish a municipal

police service,

shall establish a police commission.

(2) A council that has established a commission shall, subject to

the regulations,

(a) prescribe the rules governing the operations of the

commission, and

(b) appoint the members of the commission.

23
 RSA 2000
Section 28 POLICE ACT Chapter P-17

(3) A commission shall consist of not fewer than 3 nor more than
12 members.

(4) If

(a) 4 or fewer members are appointed under subsection (2), one

of them may be a member of the council or an employee of
the municipality, or

(b) 5 or more members are appointed under subsection (2), 2 of

them may be members of the council or employees of the
municipality.

(5) The council may provide for the payment of reasonable

remuneration or of a gratuity or allowance to members of the
commission.

(6) The term of office of a person appointed to a commission is

(a) 3 years, or

(b) a term of less than 3 years, but not less than 2 years, as may
be fixed by bylaw.

(7) Notwithstanding subsection (6), a majority of the members

appointed to a newly established commission shall be appointed for
3 years, and the remaining members shall be appointed for 2 years.

(8) A member of a commission is eligible for reappointment if the

reappointment does not result in more than 10 consecutive years of
service by that member.

(9) If a person who is a member of a council is a member of the

commission, that person’s appointment to the commission
terminates on that person’s ceasing to be a member of the council.

(10) The members of the commission shall, at the first meeting of

the commission in each year, elect from among their members a
chair and one or more vice-chairs.

(11) A member who is a member of the council or an employee of

the municipality is not eligible to be elected as chair or vice-chair
of the commission.

(12) The appointment of a member to a commission may not be

revoked by the council except for cause.

(13) All persons appointed to a commission shall take the oath set
out in Schedule 1.
RSA 2000 cP-17 s28;2005 c31 s14;2010 c21 s8

24
 RSA 2000
Section 28.1 POLICE ACT Chapter P-17

Public Complaint Director

28.1(1) Each commission and policing committee shall designate
a person as a Public Complaint Director.

(2) The Public Complaint Director may be

(a) a member of the commission or policing committee other

than a member of the council,

(b) an employee of the commission or policing committee,

(c) an employee of the municipality,

(d) another person, other than a member of the council, who in

the opinion of the commission or policing committee is
qualified to serve in that capacity, or

(e) a former police officer if the position of Public Complaint

Director is not in the same municipality where the former
police officer was employed.

(2.1) The Public Complaint Director shall not be a currently

serving police officer.

(3) The Public Complaint Director shall

(a) receive complaints against police officers from the public

and refer them to the chief of police under section 43(1),

(b) act as a liaison between the commission, policing

committee, the chief of police, the officer in charge of a
police service and the complainant as applicable,

(c) perform the duties assigned by the commission or policing

committee in regard to complaints,

(d) review the investigation conducted in respect of a complaint

during the course of the investigation and at the conclusion
of the investigation,

(e) offer an alternative dispute resolution process where, in the

Public Complaint Director’s opinion, that may be an
appropriate manner in which to resolve the complaint,

(f) if an alternative dispute resolution process is offered under

clause (e), review the manner in which the alternative
dispute resolution process is delivered, and

25
 RSA 2000
Section 28.2 POLICE ACT Chapter P-17

(g) provide reports to the commission or policing committee, as

required by the commission or policing committee.
2005 c31 s15;2010 c21 s9

Regional Public Complaint Director

28.2(1) Notwithstanding section 28.1, the policing committees of
2 or more municipalities may, by unanimous agreement of the
municipalities, designate a person as a Regional Public Complaint
Director for those policing committees.

(2) A person who is eligible to be a Public Complaint Director

under section 28.1(2) or (2.1) is also eligible to be a Regional
Public Complaint Director but may not serve as both a Public
Complaint Director and Regional Public Complaint Director
concurrently.

(3) A Regional Public Complaint Director has the same powers as

a Public Complaint Director has under section 28.1(3).
2010 c21 s10

Provincial Public Complaint Director

28.3(1) The Minister may designate an employee of the
Government under the Minister’s administration as a Provincial
Public Complaint Director.

(2) The Provincial Public Complaint Director has the following

functions:

(a) receive complaints from the public;

(b) refer complaints to the chief of police, the officer in charge

of a police service, the Public Complaint Director or the
Regional Public Complaint Director, as appropriate;

(c) if no Public Complaint Director or Regional Public

Complaint Director has been designated for the municipality
in which a complaint arose, perform the functions of a
Public Complaint Director or Regional Public Complaint
Director in respect of the complaint;

(d) provide education and training resources to the Public

Complaint Director and Regional Public Complaint
Director;

(e) gather information and statistical data respecting the types

of complaints made, the number of complaints made and
any other information respecting complaints as required;

(f) present reports to the Minister as required.

2010 c21 s10

26
 RSA 2000
Section 29 POLICE ACT Chapter P-17

Police budgets and plans

29(1) Every commission, in consultation with the chief of police,
shall cause to be prepared

(a) estimates of all money required for the fiscal year to

(i) pay the remuneration of the police officers and other

persons employed for the police service, and

(ii) provide and pay for the maintenance of accommodation,

equipment and operating costs of the police service,

and

(b) a yearly plan specifying the level of police service and

programs to be provided in respect of the municipality,

and shall submit those estimates and plans to the council.

(2) In developing a budget, the council may obtain any

information from the commission that may be necessary to enable
it to assess the efficiency and the financing requirements of the
police service.

(3) The council is responsible for establishing the total budget for
the purposes of the police service, and the commission is
responsible for allocating the funds provided for under the budget.
1988 cP-12.01 s29

Ministerial intervention
30(1) When, in the opinion of the Minister, a municipality that is
responsible for providing and maintaining policing services is not

(a) providing or maintaining adequate and effective policing

services, or

(b) complying with this Act or the regulations,

the Minister may notify the council of that fact and request the
council to take the action the Minister considers necessary to
correct the situation.

(2) If the council does not comply with a request made under
subsection (1), the Minister may

(a) appoint police officers for that municipality and prescribe

their remuneration,

(b) request the provincial police service to provide policing

services to the municipality on an interim basis, or

27
 RSA 2000
Section 31 POLICE ACT Chapter P-17

(c) do any other thing necessary to create an adequate and

effective police service within the municipality.

(3) Where

(a) the Minister appoints police officers for a municipality

under subsection (2)(a), and

(b) the municipality has a police service,

the Minister may prescribe that the remuneration of the police

officers appointed under subsection (2)(a) be in accordance with
any collective agreement that has been entered into in respect of
that police service.

(4) The remuneration of police officers appointed by the Minister

under subsection (2) and any other costs incurred under subsection
(2) shall be paid by the municipality.

(5) If a municipality is in default of payment under subsection (4),

the amount shall be paid by the Government and may be recovered
by the Government by deducting the amount from any grant
payable to the municipality or by an action in debt.
1988 cP-12.01 s30;1994 cG-8.5 s54

Commission’s responsibility
31(1) Where a commission has been established, the commission
shall, in the carrying out of its responsibilities, oversee the police
service and for that purpose shall do the following:

(a) allocate the funds that are provided by the council;

(b) establish policies providing for efficient and effective

policing;

(c) issue instructions, as necessary, to the chief of police in

respect of the policies referred to in clause (b);

(d) ensure that sufficient persons are employed for the police
service for the purposes of carrying out the functions of the
police service.

(2) Every police officer

(a) is, after the establishment of a commission, subject to the

jurisdiction of the commission, and

(b) shall obey the directions of the commission.

28
 RSA 2000
Section 32 POLICE ACT Chapter P-17

(3) Notwithstanding subsections (1) and (2), a commission shall

not issue an instruction to a police officer other than to the chief of
police.

(4) Where an employee other than a police officer is employed for

the police service, the commission may release the employee from
the police service subject to the provisions of any collective
agreement that applies to that employee.

(5) Where a commission has been established, the council shall

not, except as permitted under this Act or the Police Officers
Collective Bargaining Act,

(a) perform any function or exercise any power in respect of the

police service that the commission is empowered to perform
or exercise, or

(b) issue any instructions to a police officer.

(6) The council is,

(a) for the purposes of the Police Officers Collective

Bargaining Act, the employer of police officers, and

(b) for the purposes of the Labour Relations Code, the

employer of persons other than police officers,

who are employed for the police service.

(7) The council is liable for any legal liability that is incurred by
the commission.
1988 cP-12.01 s31

Commission inquiry
32(1) A commission may conduct an inquiry into any matter
respecting the police service or the actions of any police officer or
other person employed for the police service.

(2) A commission may designate from among its members a

committee of one or more persons to conduct an inquiry under this
section.

(3) Subject to subsection (5)(a), where more than one person is to

conduct an inquiry under this section, the commission shall
designate one of its members to act as the chair of the inquiry.

(4) Where a commission intends to conduct an inquiry under this

section, it shall before commencing the inquiry advise the Minister
of its intention to conduct the inquiry.

29
 RSA 2000
Section 32 POLICE ACT Chapter P-17

(5) The Lieutenant Governor in Council may by order appoint a

person

(a) to act as the chair of the inquiry, or

(b) to conduct the inquiry on behalf of the commission.

(6) Where the Lieutenant Governor in Council makes an order

under subsection (5)(b), the person so appointed shall, in the place
of the commission or any committee of the commission, conduct
the inquiry under this section on behalf of the commission.

(7) The persons conducting an inquiry under this section have, for
the purpose of conducting that inquiry, all the powers of a
commissioner under the Public Inquiries Act.

(8) Where, from the evidence before the inquiry, the chair of the
inquiry is of the opinion that there is sufficient evidence that the
actions of a specific police officer constitute or may constitute a
contravention of the regulations governing the discipline or the
performance of duty of police officers, the chair shall report that
matter to the commission.

(9) On receiving a report under subsection (8), the commission

shall proceed to have the actions of the specific police officer dealt
with under Part 5.

(10) Notwithstanding that a report is made under subsection (8),

the persons conducting the inquiry may proceed with the inquiry
but shall not make any recommendations concerning the
disposition under Part 5 of the matter in respect of which the report
was made.

(11) When an inquiry is completed, the chair of the inquiry shall

provide a written report of the findings of the inquiry and any
recommendations

(a) to the commission, and

(b) to the Minister.

(12) The Board shall not commence an inquiry under section

17(1)(a) with respect to a matter that is the subject of an inquiry
being conducted under this section until the inquiry under this
section is completed.

(13) Where the Board is conducting an inquiry under section

17(1)(a), a commission shall not commence an inquiry under this
section with respect to a matter that is the subject of the Board’s
inquiry until the Board’s inquiry is completed.

30
 RSA 2000
Section 33 POLICE ACT Chapter P-17

(14) The expenses of an inquiry conducted under this section must,

unless otherwise provided for by an order of the Lieutenant
Governor in Council, be paid for by the council.
1988 cP-12.01 s32;1994 cG-8.5 s54

Police officers serving outside their municipality

33(1) The Minister may at any time with the consent of the chair
of a commission of a police service that is established under section
24 or 27 direct a police officer of that police service to serve in any
part of Alberta that is outside the boundaries of the area for which
the commission is responsible.

(2) The commission shall be reimbursed by the Minister for the

remuneration and expenses of any police officer providing services
pursuant to a direction made under subsection (1).
1988 cP-12.01 s33;1994 cG-8.5 s54

Part 4
Police Officers
Qualifications re police officers
34 To be eligible to be appointed as a police officer, other than a
chief of police, a person must be a Canadian citizen or lawfully
admitted to Canada for permanent residence and meet the other
qualifications specified by the regulations and the commission.
RSA 2000 cP-17 s34;2006 cP-3.5 s38

Qualifications re chiefs of police

35 To be eligible to be appointed as a chief of police of a police
service established under section 24 or 27, a person must be a
Canadian citizen and meet the other qualifications specified by the
regulations and the commission.
1988 cP-12.01 s35

Appointments of chiefs of police and police officers

36(1) The commission shall, for a police service,

(a) appoint the chief of police, subject to subsection (1.1), and

(b) appoint police officers.

(1.1) The initial appointment of any individual as chief of police

must be ratified by council.

(2) Notwithstanding subsection (1), the commission may delegate

the power to appoint police officers other than a chief of police to
the chief of police.

31
 RSA 2000
Section 37 POLICE ACT Chapter P-17

(3) Each police officer appointed under this section shall, before
commencing his or her duties, take the oath set out in Schedule 3.

(4) Subject to the regulations, the commission may establish a

probationary period of service for a person who is

(a) appointed to the police service as a police officer, or

(b) appointed to or promoted to a position or a higher rank

within the police service.
RSA 2000 cP-17 s36;2005 31 s16

Dismissals and lay-offs of police officers

37(1) Police officers may, subject to Part 5, be dismissed by the
chief of police for disciplinary reasons in accordance with the
regulations.

(2) Notwithstanding the provisions of a collective agreement, the

commission may terminate the services of a police officer for
reasons other than disciplinary reasons.

(3) Where a collective agreement provides a process for

terminating the services of a police officer for reasons other than
disciplinary reasons, that process shall be used for terminating the
services of a police officer under subsection (2).

(4) Sections 45 to 48 do not apply in respect of a police officer

released from the police service under subsection (2).
1988 cP-12.01 s37

Authority, duties and jurisdiction of police officers

38(1) Every police officer is a peace officer and has the authority,
responsibility and duty

(a) to perform all duties that are necessary

(i) to carry out the police officer’s functions as a peace

officer,

(ii) to encourage and assist the community in preventing

crime,

(iii) to encourage and foster a co-operative relationship

between the police service and the members of the
community, and

(iv) to apprehend persons who may lawfully be taken into

custody,

and

32
 RSA 2000
Section 39 POLICE ACT Chapter P-17

(b) to execute all warrants and perform all related duties and
services.

(2) A police officer has jurisdiction throughout Alberta.

(3) Notwithstanding subsection (2), where a commission is

established in respect of a police service, the commission may
restrict the territorial jurisdiction of any police officer of that police
service.

(4) Where the territorial jurisdiction of a police officer is restricted

under subsection (3), that police officer may, notwithstanding that
restriction, carry out the police officer’s functions and exercise the
police officer’s powers beyond that jurisdiction if the police officer
is in immediate pursuit of a person who the police officer has
reasonable and probable grounds to believe has committed an
offence against any law that the police officer is empowered to
enforce.
1988 cP-12.01 s38

Liability re municipal police services

39(1) For the purposes of this section, “employee” means any
civilian employee or any peace officer appointed under the Peace
Officer Act employed for a police service established under section
24 or 27.

(2) The chief of police is liable in respect of a tort committed by a

police officer or other employee as a master is liable for a tort
committed by the master’s servant in the course of the servant’s
employment, if

(a) the police officer or employee was under the direction and
control of the chief at the time that the tort was committed,
and

(b) the tort was committed in the performance or purported

performance of the duties of the police officer or employee.

(3) The chief of police shall be treated for all purposes as a joint
tort-feasor in respect of a tort referred to in subsection (2).

(4) The chief of police is liable for a tort committed by the chief in
the performance or purported performance of the duties of the
chief.

(5) The council, and not the chief of police, shall pay the following
in respect of any action brought against the chief under this section:

(a) any damages and costs awarded against the chief;

33
 RSA 2000
Section 40 POLICE ACT Chapter P-17

(b) any costs incurred by the chief in respect of the action

insofar as those costs are not recovered by the chief in the
action;

(c) any sum payable under a settlement that is entered into by

the council in respect of the action.

(6) Where damages and costs, or either of them, are awarded

against a chief of police of a regional police service, each party to
the agreement under which the regional police service is
established is jointly and severally liable for any damages, costs or
settlement referred to in subsection (5).

(7) For the purposes of this section, if the office of the chief of
police is vacant, the police officer responsible for the direction and
control of the police service shall be considered to be the chief of
police.

(8) Where a civil legal action is brought against a police officer

arising out of the performance of the police officer’s duties, the
municipality may in respect of that action indemnify the police
officer, in whole or in part, for the following:

(a) any damages and costs, or either of them, awarded against

the police officer;

(b) any costs incurred and not recovered by the police officer;

(c) any sum payable under a settlement.

RSA 2000 cP-17 s39;2006 cP-3.5 s38

Liability re other persons

40(1) For the purposes of this section, “employee” means any
civilian employee or any peace officer appointed under the Peace
Officer Act employed by a municipality to provide services for a
police service that is providing policing services to the municipality
under an agreement referred to in section 22.

(2) A municipality is liable in respect of a tort committed by an

employee as a master is liable for a tort committed by the master’s
servant in the course of the servant’s employment if the tort was
committed in the performance or purported performance of the
duties of the employee.
RSA 2000 cP-17 s40;2006 cP-3.5 s38

Duties of chiefs of police

41(1) The chief of police of a police service established under
section 24 or 27 is responsible for the following:

34
 RSA 2000
Section 41 POLICE ACT Chapter P-17

(a) the preservation and maintenance of the public peace and

the prevention of crime within the municipality;

(b) the maintenance of discipline and the performance of duty

within the police service, subject to the regulations
governing the discipline and the performance of duty of
police officers;

(c) the day to day administration of the police service;

(d) the application of professional police procedures;

(e) the enforcement of policies made by the commission with

respect to the police service.

(2) For the purposes of subsection (1), the chief of police shall
issue orders and make directives as the chief of police considers
necessary.

(3) The chief of police is accountable to the commission for the

following:

(a) the operation of the police service;

(b) the manner in which the chief of police carries out the
responsibilities under subsection (1);

(c) the administration of the finances and operations of the

police service in keeping with the yearly plan or any
amendments to it that the commission may make;

(d) the reporting to the commission of any information

concerning the activities of the police service that the
commission may request, other than information concerning
individual investigations or intelligence files;

(e) the reporting to the commission of any complaint made

against the police service or its members, the progress of
any investigation or informal resolution process regarding
the complaint, the reasons for any delays and the manner in
which the complaint is resolved.

(4) A commission shall not issue an instruction under section

31(1)(c) that is inconsistent with the duties and responsibilities
conferred on the chief of police under this section.
RSA 2000 cP-17 s41;2005 c31 s17

42 Repealed 2006 cP-3.5 s38.

35
 RSA 2000
Section 42.1 POLICE ACT Chapter P-17

Part 5
Complaints and Discipline
Complaints
42.1(1) Subject to subsection (2), a person may make a complaint
respecting the conduct of a police officer.

(2) The following persons may make a complaint referred to in

subsection (1):

(a) a person to whom the conduct complained of was directed;

(b) a person who was present at the time the incident occurred
and witnessed the conduct complained of;

(c) an agent of a person referred to in clause (a);

(d) a person who

(i) was in a personal relationship with the person referred to

in clause (a) at the time the incident occurred, and

(ii) suffered a loss, damage, distress, danger or

inconvenience as a result of the conduct complained of.

(3) Any person may make a complaint in respect of a policy or

service of a police service.

(4) A complaint must be made in writing and must include the

following information:

(a) the full name of the complainant;

(b) the complainant’s contact information, including the

complainant’s

(i) address,

(ii) telephone number,

(iii) cellular telephone number, if available, and

(iv) electronic mail address, if available;

(c) if the complaint is made by an agent of the complainant, the

agent’s full name and contact information;

(d) if the complaint is in respect of the conduct of a police

officer,

36
 RSA 2000
Section 43 POLICE ACT Chapter P-17

(i) the date of the alleged conduct, if known,

(ii) the identification of the police officer, if known, and

(iii) a description of the incident that gave rise to the alleged

conduct;

(e) if the complaint is in respect of a policy or service of a

police service, sufficient information to identify the policy
or service complained of;

(f) any other information requested by the chief of police, the

officer in charge of a police service, the Public Complaint
Director, the Regional Public Complaint Director or the
Provincial Public Complaint Director;

(g) any other information prescribed in the regulations.

(5) A complaint may be transmitted by electronic mail.

(6) A complaint is considered to be made on the date it is received

by the chief of police, the officer in charge of a police service, the
Public Complaint Director, the Regional Public Complaint Director
or the Provincial Public Complaint Director, as the case may be.
2010 c21 s11

Bringing of complaints
43(1) All complaints with respect to a police service or a police
officer, other than the chief of police, shall be referred to the chief.

(2) All complaints with respect to the chief of police must be

referred to the chair of the commission.

(3) Repealed 2010 c21 s12.

(4) On receipt of a complaint under subsection (1), the chief of

police shall determine whether the complaint or a portion of the
complaint is a complaint as to

(a) the policies of or the services provided by the police service,

or

(b) the actions of a police officer.

(5) A complaint or that portion of the complaint that is a complaint

(a) as to the policies of or services provided by the police

service shall be disposed of in accordance with section 44,
and

37
 RSA 2000
Section 43 POLICE ACT Chapter P-17

(b) as to the actions of a police officer shall be disposed of in

accordance with sections 45 to 48.

(6) Where the chief of police initiates a complaint with respect to a

police officer, the chief shall deal with it in the same manner as if it
were made by another person and referred to the chief under
subsection (1).

(7) If, at any time before or during an investigation into a

complaint under subsection (1), it appears to the chief of police that
the complaint is clearly frivolous, vexatious or made in bad faith,
the chief may recommend in writing to the commission that the
complaint be dismissed.

(8) On consideration of the recommendation of the chief of police

under subsection (7), and after reviewing the written complaint and
making any inquiries the commission considers necessary, the
commission may dismiss the complaint or direct the chief to deal
with the complaint in accordance with this Part.

(9) If, at any time before or during an investigation into a complaint

under subsection (2) or section 46(1), it appears to the commission
that the complaint is clearly frivolous, vexatious or made in bad
faith, the commission may dismiss the complaint.

(9.1) If a complainant under subsection (2) or section 46(1) refuses

or fails to participate in an investigation, the commission may
dismiss the complaint.

(10) Where a complaint is referred to the commission under

section 44(1) and it appears to the commission at any time that the
complaint is clearly frivolous, vexatious or made in bad faith, the
commission may dismiss the complaint.

(10.1) If a complainant under section 44(1) refuses or fails to

participate in an investigation, the commission may dismiss the
complaint.

(11) The chief of police, with respect to a complaint referred under

subsection (1), or the commission, with respect to a complaint
referred under subsection (2) or section 46(1), shall dismiss any
complaint that is made more than one year after

(a) the conduct complained of occurred, or

(b) the complainant first knew or ought to have known that the
conduct complained of had occurred,

whichever occurs later.

38
 RSA 2000
Section 43.1 POLICE ACT Chapter P-17

(12) If the commission decides under subsection (8), (9), (9.1),

(10) or (10.1) to dismiss a complaint, the commission shall notify
the complainant and the police officer who is the subject of the
complaint, if any, in writing of

(a) the decision and the reasons for the decision, and

(b) the right of the complainant, within 30 days of receiving the

notice, to request

(i) the Board, with regard to a complaint or portion of a

complaint as to the actions of a police officer or a chief
of police, or

(ii) the commission, with regard to a complaint or portion of

a complaint as to the policies of or services provided by
a police service,

to review the decision.

(13) If the chief of police or the commission dismisses a complaint

under subsection (11), the commission shall notify the complainant
and the police officer who is the subject of the complaint, if any, of
the decision in writing.

(14) A request by a complainant under subsection (12)(b) for

review of a decision of the commission must be in writing and set
out the complainant’s reasons for requesting the review.
RSA 2000 cP-17 s43;2005 c31 s18;2010 c21 s12

Informal resolution of complaint

43.1(0.1) The chief of police or the chair of the commission shall,
where appropriate, offer an alternative dispute resolution process to
the complainant and the police officer who is the subject of the
complaint prior to commencing a formal investigation of the
complaint.

(1) At any time before or during an investigation into a complaint

with respect to the actions of a police officer other than the chief of
police, if the complainant and the police officer who is the subject
of the complaint consent, the chief may attempt to resolve the
complaint informally.

(2) At any time before or during an investigation into a complaint

with respect to the actions of a chief of police, if the complainant
and the chief consent, the chair of the commission may attempt to
resolve the complaint informally.
2005 c31 s19; 2010 c21 s13

39
 RSA 2000
Section 44 POLICE ACT Chapter P-17

Complaints re policies and services

44(1) Where a complaint is a complaint as to the policies of or
services provided by a police service, the chief of police shall
review the matter, and

(a) take whatever action the chief considers appropriate, if any,

or

(b) refer the matter to the commission for it to take whatever

action it considers appropriate.

(2) On the disposition of a matter by the chief of police or the

commission under subsection (1), the chief shall advise the
complainant in writing

(a) as to the disposition of the matter in respect of which the

complaint was made, and

(b) of the complainant’s right to appeal the matter to the

commission if the complainant is not satisfied with the
disposition of the matter.

(3) Where a complaint is disposed of under subsection (1), the

complainant may, within 30 days from the day the complainant was
advised of the disposition of the complaint, appeal the disposition
of the complaint to the commission.

(4) Where the disposition of a complaint is appealed to the

commission under subsection (3), the commission shall

(a) review the matter, and

(b) take whatever action it considers appropriate, if any.

(5) Notwithstanding subsection (4), a commission may appoint a

committee consisting of not fewer than 3 members of that
commission to conduct appeals made to the commission under
subsection (3).

(6) Where a committee of the commission finishes conducting an

appeal under this section, it shall make a recommendation to the
commission with respect to the disposition of the appeal.

(7) On reviewing the recommendation made under subsection (6),

the commission shall take whatever action it considers appropriate,
if any.

(8) The commission or, where a committee of the commission is

conducting an appeal, the committee, may conduct a hearing into
the matter being appealed.

40
 RSA 2000
Section 45 POLICE ACT Chapter P-17

(9) On disposing of an appeal, the commission shall advise the

complainant in writing as to the disposition of the appeal.

(10) The chief of police shall make a report in writing to the

commission of all complaints made as to the policies of or services
provided by the police service and the disposition by the chief of
the complaints.

(11) The chief of police, in the case of a complaint under this

section, must advise the complainant in writing at least once every
45 days as to the status of the complaint.

(12) A copy of the document sent to the complainant under

subsection (11) must be provided to the commission.
RSA 2000 cP-17 s44;2005 c31 s20

Complaints re police officers

45(0.1) For the purposes of this section and sections 46 and 46.1,
“police service” includes the Royal Canadian Mounted Police and a
regional, provincial or municipal police service established under
an enactment of another province or territory.

(1) Where a complaint is a complaint as to the actions of a police

officer other than the chief of police, subject to sections 43 and
43.1, the chief shall cause the complaint to be investigated.

(2) If, after causing the complaint to be investigated, the chief of

police is of the opinion that the actions of a police officer may
constitute

(a) an offence under an Act of the Parliament of Canada or the

Legislature of Alberta, the chief shall refer the matter to the
Minister of Justice and Solicitor General, or

(b) a contravention of the regulations governing the discipline

or the performance of duty of police officers, the chief shall
cause the matter to be proceeded with under subsection (3).

(3) Where the chief of police is of the opinion that the actions of a
police officer constitute a contravention of the regulations
governing the discipline or the performance of duty of police
officers, the chief of police, or a person designated by the chief of
police who, pursuant to the regulations, is eligible to serve as the
presiding officer at a hearing, shall conduct a hearing into the
matter as it relates to that contravention.

(4) Notwithstanding subsection (3), if the chief of police is of the

opinion that the alleged contravention of the regulations governing
the discipline or the performance of duty of police officers is not of

41
 RSA 2000
Section 46 POLICE ACT Chapter P-17

a serious nature, the chief may, subject to the regulations, dispose

of the matter without conducting a hearing.

(4.1) Where the chief of police disposes of a matter under

subsection (4), the decision of the chief of police is final.

(5) If a police officer is the subject of an investigation or hearing,

the chief of police or the commission may request the chair of the
commission to make arrangements for another police service to
provide the necessary police officers to conduct the investigation,
present the case or preside at the hearing, or perform any
combination of those functions, as the case may be, if in the
opinion of the chief of police or of the commission,

(a) there is not a police officer in the chief’s police service who
has sufficient rank and experience to carry out the functions,
or

(b) it would be in the public interest to have one or more police

officers of another police service carry out the functions.

(6) Where a police officer of another police service carries out any
functions pursuant to arrangements made by the chair of the
commission under subsection (5), that police officer has, for the
purposes of carrying out those functions under subsections (1) to
(4), the same powers as a chief of police.

(7) If a complaint is being investigated under this section, the chief

of police must advise the complainant in writing at least once every
45 days as to the progress of the investigation.

(8) A copy of the document sent to the complainant under

subsection (7) must be provided to the commission.
RSA 2000 cP-17 s45;2005 c31 s21;2010 c21 s14;
2013 c10 s34;2015 c12 s4

Complaints re chiefs of police

46(1) Where the chair of a commission receives a complaint as to
the actions of the chief of police, subject to sections 43 and 43.1,
the chair shall refer the complaint to the commission.

(2) If, after reviewing the complaint, the commission is of the

opinion that the actions of the chief of police may constitute

(a) an offence under an Act of the Parliament of Canada or the

Legislature of Alberta, or

(b) a contravention of the regulations governing the discipline

or the performance of duty of police officers,

42
 RSA 2000
Section 46 POLICE ACT Chapter P-17

the chair of the commission shall request the Minister to request or

direct another police service to investigate the complaint.

(2.1) If the Minister receives a request from the chair of the

commission under subsection (2), the Minister may request or
direct that another police service investigate the complaint.

(2.2) Where a chief of police or a police officer of another police

service carries out an investigation pursuant to a request or
direction made under subsection (2.1), that chief or police officer
has, for the purposes of carrying out the investigation, the same
powers as a chief of police.

(3) If the chief of police or the police officer in charge of the

police service requested or directed under subsection (2.1) to carry
out the investigation is of the opinion that the actions of the chief
that are the subject of the investigation constitute

(a) an offence under an Act of the Parliament of Canada or the

Legislature of Alberta, that chief or police officer shall

(i) refer the matter to the Minister of Justice and Solicitor

General, and

(ii) advise the commission of that chief’s or police officer’s

findings, unless the Minister of Justice and Solicitor
General otherwise directs,

or

(b) a contravention of the regulations governing the discipline

or the performance of duty of police officers, that chief or
police officer shall refer the matter to the commission.

(4) Where a matter is referred to the commission under subsection

(3)(b), the commission shall conduct a hearing into the matter as it
relates to the contravention of the regulations governing the
discipline or the performance of duty of police officers.

(5) Notwithstanding subsection (4), if the commission is of the

opinion that the contravention of the regulations governing the
discipline or the performance of duty of police officers is not of a
serious nature, it may, subject to the regulations, dispose of the
matter without conducting a hearing.

(6) The commission may appoint a lawyer to present to the

commission the matter that is the subject of the complaint.

43
 RSA 2000
Section 46.1 POLICE ACT Chapter P-17

(7) If a complaint is being investigated under this section, the chair

of the commission must advise the complainant in writing at least
once every 45 days as to the progress of the investigation.

(8) A copy of the document sent to the complainant under

subsection (7) must be provided to the Minister.
RSA 2000 cP-17 s46;2005 c31 s22;2013 c10 s34

Serious incidents and complaints

46.1(1) The chief of police shall as soon as practicable notify the
commission and the Minister where

(a) an incident occurs involving serious injury to or the death of

any person that may have resulted from the actions of a
police officer, or

(b) a complaint is made alleging that

(i) serious injury to or the death of any person may have

resulted from the actions of a police officer, or

(ii) there is any matter of a serious or sensitive nature related

to the actions of a police officer.

(2) The Minister, when notified under subsection (1) of an incident

or complaint or on the Minister’s own initiative where the Minister
becomes aware of an incident or complaint described in subsection
(1), may do any one or more of the following:

(a) request or direct that another police service provide a police

officer to assist and advise the police service investigating
the incident or complaint;

(b) request or direct another police service to conduct an

investigation into the incident or complaint, which may
include taking over an ongoing investigation at any stage;

(c) appoint one or more members of the public as overseers to

observe, monitor or review an investigation to ensure the
integrity of the process of the investigation;

(d) in accordance with section 46.2, direct the head of an

integrated investigative unit to conduct an investigation into
the incident or complaint, which may include taking over an
ongoing investigation at any stage.

(3) A chief of police or police officer acting under subsection

(2)(a), (b) or (d) or a person appointed under subsection (2)(c) shall
report as required to the Minister.

44
 RSA 2000
Section 46.1 POLICE ACT Chapter P-17

(4) If the chief of police or police officer in charge of the police

service conducting an investigation under subsection (2)(b) or (d) is
of the opinion that the actions of the police officer that are the
subject of the investigation constitute

(a) an offence under an Act of the Parliament of Canada or the

Legislature of Alberta, the chief or police officer shall

(i) refer the matter to the Minister of Justice and Solicitor

General, and

(ii) advise the commission and the chief of police of the

police service under investigation of the chief’s or police
officer’s findings, unless the Minister of Justice and
Solicitor General otherwise directs,

(b) a contravention of the regulations governing the discipline

or performance of duty of police officers, the chief or police
officer shall refer the matter to the chief of the police service
under investigation where it concerns the actions of a police
officer, or to the commission where it concerns the actions
of the chief of police, to be dealt with in accordance with
this Part,

(c) a matter of the policies of or services provided by the police

service under investigation, the chief or police officer shall
refer the matter to the commission.

(5) The Minister may authorize and provide for the payment of
remuneration and expenses to a person appointed under subsection
(2)(c).

(6) A chief of police or police officer of another police service

who is assisting with an investigation under subsection (2)(a) or
conducting an investigation under subsection (2)(b) or (d) has, for
the purposes of assisting with or conducting that investigation, the
same powers and duties as a chief of police.

(7) A chief of police or police officer of another police service

referred to in subsection (6) must advise a complainant, if any, in
writing at least once every 45 days as to the status of the complaint.

(8) A copy of the document sent to a complainant under subsection

(7) must be provided to the commission.

(9) Where a chief of police or police officer of another police

service carries out any functions pursuant to a request or direction
made under subsection (2), that police officer may also be
requested to present the case or preside at the hearing of the

45
 RSA 2000
Section 46.2 POLICE ACT Chapter P-17

complaint, and if so requested, that police officer has, for the

purpose of carrying out those additional functions, the same powers
as a chief of police.

(10) The Minister may delegate in writing the Minister’s powers,

functions and responsibilities under this section to the Director of
Law Enforcement.

(11) The costs and expenses that result from

(a) a request or direction made by the Minister under subsection

(2)(a), (b) or (d) shall be borne by the police service that is
the subject of the investigation, unless otherwise directed by
the Minister, and

(b) an appointment by the Minister under subsection (2)(c) shall

be borne by the Government of Alberta.
2005 c31 s23;2005 c43 s8;2007 c6 s2;2013 c10 s34

Integrated investigative unit

46.2(1) The Minister may by order establish an integrated
investigative unit and authorize it to act as another police service
for the purposes of conducting an investigation under section 46.1.

(2) The Minister may

(a) designate a person as head of the integrated investigative

unit, and

(b) appoint peace officers appointed under the Peace Officer

Act as investigators under the authority of the head of the
integrated investigative unit.

(3) Subject to the terms of the Minister’s authorization under

subsection (1), the head of the integrated investigative unit is
deemed to be a chief of police, and any person acting as an
investigator is deemed to be a police officer, for the purposes of
section 46.1(3), (4), (6), (7) and (8).

(4) Where the head of the integrated investigative unit is

conducting an investigation under section 46.1(2)(d) and becomes
aware of a further incident that warrants investigating, the head of
the integrated investigative unit may, on his or her own initiative,
conduct an investigation into that further incident, which may
include taking over an ongoing investigation at any stage.

46
 RSA 2000
Section 47 POLICE ACT Chapter P-17

(5) Where the head of the integrated investigative unit intends to

conduct an investigation into a further incident in accordance with
subsection (4), the head of the integrated investigative unit shall
notify the Director as soon as possible.
2007 c6 ss3,6;2010 c21 s15

Conduct of hearing
47(1) Where a hearing is proceeded with under section 45(3) or
46(4), the following applies:

(a) a notice in writing of the time, place and purpose of the

hearing shall be served on the person who is the subject of
the hearing at least 10 days before the commencement of the
hearing;

(b) a notice in writing of the time, place and purpose of the

hearing shall be served at least 10 days before the
commencement of the hearing on any other person, in
addition to the person referred to in clause (a), as the person
conducting the hearing directs;

(c) the person conducting the hearing has, with respect to the
holding of a hearing, the same power as is vested in the
Court of Queen’s Bench for the trial of civil actions

(i) to summon and enforce the attendance of witnesses,

(ii) to compel witnesses to give evidence on oath or

otherwise, and

(iii) to compel witnesses to produce documents, records and

things;

(d) if a person fails to attend, to answer questions or to produce

an item as required under clause (c), the person conducting
the hearing may apply to the Court of Queen’s Bench for an
order committing that person for contempt in the same
manner as if that person were in breach of an order or
judgment of that Court;

(d.1) if a complainant fails to attend, to answer questions or to

produce an item as required under clause (c) or refuses to
participate or to follow processes or conducts himself or
herself in an inappropriate manner, the person conducting
the hearing may dismiss the matter;

(d.2) if a witness fails to attend or to answer questions or refuses

to participate or to follow processes or conducts himself or
herself in an inappropriate manner, the person conducting

47
 RSA 2000
Section 47 POLICE ACT Chapter P-17

the hearing may dismiss the witness and continue with the
hearing;

(e) the person conducting the hearing may receive any evidence
presented that the person considers relevant to the matter
being heard and is not bound by the rules of law respecting
evidence applicable to judicial proceedings;

(f) repealed 2005 c43 s9;

(g) all oral evidence received shall be taken down in writing or

recorded by electronic means;

(h) all the evidence taken down in writing or recorded by

electronic means and all documentary evidence and things
received in evidence at a hearing form the record of the
proceeding;

(i) the person conducting the hearing may from time to time
adjourn the hearing;

(j) the person in respect of whom the complaint is made is

entitled

(i) to appear before the person conducting the hearing,

(ii) to make representations to the person conducting the

hearing, and

(iii) to be represented by a lawyer or an agent;

(k) a witness, other than one employed for a police service,

attending a hearing is entitled to the same fees and
allowances as a witness summoned to attend at the
Provincial Court unless otherwise provided for by a
regulation made under this Act.

(2) Notwithstanding that the actions of a police officer have been

referred to the Minister of Justice and Solicitor General under
section 45(2)(a) or 46(3)(a), if the person who referred the matter
to the Minister of Justice and Solicitor General is of the opinion
that those actions also constitute a contravention of the regulations
governing the discipline or the performance of duty of police
officers, the matter as it relates to that contravention shall be
proceeded with under section 45(3) or 46(4), as the case may be,
unless the Minister of Justice and Solicitor General otherwise
directs.

(3) Notwithstanding section 45(3) or 46(4), where a matter that is

referred to the Minister of Justice and Solicitor General under

48
 RSA 2000
Section 47.1 POLICE ACT Chapter P-17

section 45(2)(a) or 46(3)(a) is also to be proceeded with under

section 45(3) or 46(4), the hearing of the matter under section 45(3)
or 46(4) may be deferred until the proceedings respecting the
offence are concluded.

(4) On considering a matter that is the subject of a complaint,

(a) the chief of police or the chief’s designate, in the case of a

complaint under section 45, or

(b) the commission, in the case of a complaint under section 46,

may dismiss the matter or, subject to the regulations, take any
action against the person in respect of whom the complaint is made
that

(c) the chief of police or the chief’s designate, in the case of a

complaint under section 45, or

(d) the commission, in the case of a complaint under section 46,

considers proper in the circumstances.

(5) On making a decision after considering the matter in respect of

which a complaint is made,

(a) the chief of police, in the case of a complaint under section

45, or

(b) the commission, in the case of a complaint under section 46,

shall in writing advise the person against whom the complaint is

made and the complainant

(c) of the findings of the hearing and any action taken or to be

taken under subsection (4), or

(d) where a hearing is not held, of the disposition of the

complaint and the grounds on which the disposition was
made,

and of the right of appeal provided for under this Act.

RSA 2000 cP-17 s47;2005 c43 s9;2010 c21 s16;
2013 c10 s34

Application
47.1 The amendments to section 47 made by the Police
Amendment Act, 2005 (No. 2) apply only to hearings that
commence after the coming into force of that Act.
2005 c43 s10

49
 RSA 2000
Section 48 POLICE ACT Chapter P-17

Appeals to the Board

48(1) Where a chief of police or another police officer in respect
of whom a complaint is made feels aggrieved by the findings or
any action taken against the chief or police officer under section
47(4), the chief or police officer may, within 30 days from the day
the chief or police officer was advised under section 47(5) of the
findings and any action taken, appeal the matter to the Board by
filing with the secretary to the Board a written notice of appeal
setting out the grounds on which the appeal is based.

(2) If a complaint has been made, the complainant may, within 30

days from the day the complainant was advised under section 47(5)
of the determination of the complaint, appeal the matter to the
Board by filing with the secretary to the Board a written notice of
appeal setting out the grounds on which the appeal is based.
RSA 2000 cP-17 s48;2010 c21 s17

Complaints re RCMP
49 Notwithstanding sections 43 to 48 and subject to any
agreement entered into between the Government of Canada and the
Government of Alberta or a municipality, as the case may be, any
complaints in Alberta with respect to members of the Royal
Canadian Mounted Police shall be resolved in accordance with the
laws governing complaints and discipline within the Royal
Canadian Mounted Police.
1988 cP-12.01 s49;1995 c23 s17

50 Repealed 2006 cP-3.5 s38.

Use of evidence
51 Where a police officer or peace officer appointed under the
Peace Officer Act gives evidence during

(a) a hearing under this Act, or

(b) an appeal under this Act arising out of a hearing referred to

in clause (a),

50
 RSA 2000
Section 52 POLICE ACT Chapter P-17

that evidence, or an explanatory report made to an investigator on a

voluntary or involuntary basis by a police officer in respect of
whom an investigation is being carried out, if it tends to
incriminate him or her, subject him or her to punishment or
establish his or her liability, shall not be used or received against
the police officer or peace officer appointed under the Peace
Officer Act in any civil proceeding or in any proceeding under any
other Act, except in a prosecution for or proceedings in respect of
perjury or the giving of contradictory evidence.
RSA 2000 cP-17 s51;2005 c31 s24;
2006 cP-3.5 s38;2010 c21 s18

Report of complaints
52 A police service shall, in respect of a complaint made under
section 44, 45 or 46.1, and the commission shall, in respect of a
complaint made under section 46, at the end of the month in which
the complaint is made or within a longer period of time as
prescribed by the Director of Law Enforcement, advise the Director
of the complaint and, after the disposition of the complaint, advise
the Director as to how the complaint was disposed of and provide
any other information respecting the investigation requested by the
Director in a manner acceptable to and within a time period
specified by the Director.
RSA 2000 cP-17 s52;2005 c31 s25;2006 cP-3.5 s38;
2010 c21 s19;2015 c12 s4

Validation of hearings under Part 5

52.1 Despite any decision of a court to the contrary made before
or after the coming into force of this section,

(a) a hearing conducted under this Part,

(b) a decision made pursuant to a hearing conducted under this

Part, and

(c) everything done in respect of a hearing conducted under this

Part

by a former police officer or a former member of the judiciary,

including a former judge of the Court of Queen’s Bench or the
Provincial Court, on or after May 1, 2011 and before the coming
into force of this section, is not invalid by reason of the presiding
officer conducting the hearing being a former police officer or a
former member of the judiciary, including a former judge of the
Court of Queen’s Bench or the Provincial Court.
2015 c12 s4

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Section 53 POLICE ACT Chapter P-17

Part 6
General
Lock-ups
53(1) A municipality that

(a) has established a police service under section 27, or

(b) receives policing services under an agreement made

pursuant to section 22,

shall make provision for an adequate lock-up facility.

(2) If a municipality maintains a lock-up facility under subsection

(1), that lock-up facility shall be under the direction and control of
the police service unless the Minister by order directs otherwise.

(3) If a peace officer appointed under the Peace Officer Act or a

person employed by a municipality to enforce bylaws requires the
use of a lock-up facility, the peace officer appointed under the
Peace Officer Act or person shall use the lock-up facility operated
by a police service or in accordance with an order of the Minister
under subsection (2).

(4) Where a regional police service is established, the agreement

entered into under section 24 shall include provision for a lock-up
facility to meet the needs of each of the participating
municipalities.
RSA 2000 cP-17 s53;2006 cP-3.5 s38;2007 c6 s4

Impersonating a police officer

54(1) No person shall, unless the person is appointed as a police
officer under this Act or pursuant to an Act of the Parliament of
Canada,

(a) hold out that the person is a police officer, or

(b) display the word “police” either alone, as part of a word or

in conjunction with any other words, on a uniform, an
insignia, a vehicle marking or another sign or symbol where
the display of the word “police” might mislead the public or
a member of the public into believing that the person
displaying the word or causing the word to be displayed

(i) is a member of a police service, or

(ii) is empowered to exercise the powers of a police officer

or powers that are similar to the powers of a police
officer.

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 RSA 2000
Section 55 POLICE ACT Chapter P-17

(2) If the Minister or the Minister’s designate is of the opinion that

the uniform, insignia, vehicle markings or other signs or symbols
employed by a person or organization are so similar to those used
by a police service that the public or a member of the public might
be misled, the Minister or the Minister’s designate may, by order in
writing served on that person or organization, require the person or
organization to desist from the use of that uniform or insignia or
those markings, signs or symbols.
1988 cP-12.01 s54;1994 cG-8.5 s54

Uniforms and insignia

55 A member of a municipal police service or a regional police
service shall wear only the uniform and insignia approved by the
commission.
1988 cP-12.01 s55

Application to Court
56(1) Whether or not a person is prosecuted under this Act, if the
Minister or the Minister’s designate is of the opinion that a person
is or was contravening section 54(1) or an order made under
section 54(2), the Minister or the Minister’s designate may apply to
the Court of Queen’s Bench for an order directing that person to
cease and desist from contravening section 54(1) or the order made
under section 54(2), as the case may be.

(2) Repealed 2009 c53 s135.

(3) On the filing of an application with the clerk of the Court, the
Court may, if it considers it necessary in the circumstances, make
an interim order granting any relief that the Court considers
appropriate pending the determination of the application.

(4) An interim order under subsection (3) may be made ex parte if

the Court considers it appropriate in the circumstances.

(5) On hearing an application the Court may, if it is of the opinion

that the person is or was contravening section 54(1) or an order
made under section 54(2), grant an order, subject to any terms and
conditions the Court considers appropriate in the circumstances,
doing one or more of the following:

(a) directing the person to cease and desist from contravening

section 54(1) or the order made under section 54(2), as the
case may be;

(b) giving directions that the Court considers necessary in order

to ensure that section 54(1) or an order made under section
54(2), as the case may be, will be complied with;

53
 RSA 2000
Section 57 POLICE ACT Chapter P-17

(c) awarding costs in respect of the matter.

RSA 2000 cP-17 s56;2009 c53 s135

General penalty
57 Any person who contravenes section 54(1) or fails to comply
with an order made under section 54(2) is guilty of an offence and
liable to a fine not greater than $10 000 or to a term of
imprisonment not exceeding 6 months or to both fine and
imprisonment.
1988 cP-12.01 s57

Service of documents
58 In addition to any method of service permitted by law, any
notice or document respecting matters coming under this Act may
be served

(a) by personal service, or

(b) by registered mail sent

(i) to the Chair of or secretary to the Board, in the case of a

notice or document sent to the Board, or

(ii) to the latest address of the person on whom the notice or

document is to be served as shown on the records of the
person issuing the notice or document, in a case other
than that referred to in subclause (i).
1988 cP-12.01 s58

Bylaws and resolutions

59(1) For the purposes of this Act, a council, other than the
Minister responsible for the Municipal Government Act or the
Special Areas Act, may exercise and perform its powers and duties
under this Act by bylaw.

(2) Notwithstanding subsection (1), a council may exercise its

powers under section 28(2)(b) by resolution.
1988 cP-12.01 s59

Police Officers Collective Bargaining Act

60 None of the matters referred to in sections 16, 20, 31, 37(1),
41 and 43 to 48 shall be the subject of a collective agreement
referred to in the Police Officers Collective Bargaining Act.
1988 cP-12.01 s60

Commissioned officers
60.1(1) Each year a commission under the Great Seal of the
Province shall be issued to each police officer who, in the year in
which the commission is issued, was first appointed to any one of
the following ranks:

54
 RSA 2000
Section 61 POLICE ACT Chapter P-17

(a) inspector;

(b) superintendent;

(c) deputy chief of police;

(d) chief of police.

(2) In the case of a police officer who on the day this section
comes into force holds a rank referred to in subsection (1), the
Lieutenant Governor in Council, on the recommendation of the
Minister, shall authorize the issue of a commission under the Great
Seal of the Province to the police officer if,

(a) in the case of a police officer other than a chief of police, the
Minister receives written confirmation from the chief of
police of the police service in which the police officer serves
that the police officer holds that rank;

(b) in the case of a chief of police, the Minister receives written

confirmation from the commission of the police service in
which the chief of police serves that the chief of police
holds that rank.

(3) The Lieutenant Governor in Council may authorize the

revocation of a commission issued under subsection (1) or (2) if the
Lieutenant Governor in Council considers it appropriate to do so.
2013 c23 s10;2016 c23 s5

Lieutenant Governor in Council regulations

61(1) The Lieutenant Governor in Council may make regulations

(a) prescribing rates of fees, remuneration and subsistence and

travel allowances payable under this Act or the regulations;

(b) governing fees and expenses for witnesses attending a

proceeding under this Act, including specifying to whom
and the circumstances in which such fees and expenses may
be paid and prescribing rates of fees and expenses payable
to witnesses who qualify under the regulations;

(c) governing, subject to this Act, the training of police

commissions and municipal policing committees, and the
responsibility and duties of police commissions and
municipal policing committees;

(d) governing, subject to this Act, the establishment and

operation of police services;

55
 RSA 2000
Section 62 POLICE ACT Chapter P-17

(e) governing probationary periods of service for police

officers, chiefs of police and civilian employees of a police
service;

(f) governing, subject to this Act, the appointment,

employment, qualifications, training, duties, discipline and
performance of duty of police officers;

(g) governing investigations, including investigations by

another police service or an integrated investigative unit of
police officers;

(g.01) governing the conduct of hearings generally, including

which persons may serve as a presiding officer at a hearing
under Part 5;

(g.1) governing the establishment and operation of integrated

investigative units;

(h) governing, subject to this Act, action that may be taken

against police officers;

(i) repealed 2006 cP-3.5 s38;

(j) governing, subject to this Act,

(i) regional police services, and

(ii) policing services provided pursuant to an agreement

made under section 22(3);

(k) governing lock-up facilities;

(l) subject to section 16(a), governing the powers of the Board

under this Act or the Peace Officer Act.

(2) A regulation made under this section may be general or

specific in its application.

(3) Subsection (1)(e) to (h) do not apply to the Royal Canadian

Mounted Police.
RSA 2000 cP-17 s61;2005 c43 s11;2006 cP-3.5 s38;
2007 c6 s5;2015 c12 s4

Ministerial regulations
62(1) The Minister may make regulations

(a) governing for the purposes of section 22 the sharing of costs

of provincial policing services;

56
 RSA 2000
Section 62 POLICE ACT Chapter P-17

(b) prescribing colour and style of uniforms, accoutrements and

insignia for police officers;

(c) governing clothing and equipment furnished to or used by

police officers;

(d) governing firearms with respect to police officers;

(e) governing the providing of information to the Director of

Law Enforcement under section 52 and the release of that
information by the Director;

(f) prescribing the information and statistical data to be kept

and reported to the Minister by commissions, policing
committees and police services;

(g) governing the establishment of standards for police services,

police commissions and policing committees;

(h) prescribing factors to be considered by the Board in

deciding whether an appeal may be concluded under section
19.2(1)(b) without conducting a hearing;

(i) for the purposes of section 42.1(4)(g), prescribing

information that must be included in a complaint.

(2) Where the Minister enters into an arrangement or an agreement

referred to in section 5(1), the Minister may make regulations

(a) exempting the arrangement or the agreement from any

provision of this Act or the regulations;

(b) exempting policing services that are provided under the

arrangement or the agreement from any provision of this
Act or the regulations;

(c) modifying any provision of this Act or the regulations for

the purpose of applying the provision to

(i) the arrangement or the agreement, or

(ii) the policing services provided under the arrangement or

the agreement;

(d) governing any matter not referred to in clauses (a) to (c)

respecting

(i) the arrangement or the agreement, or

57
 RSA 2000
Section 63 POLICE ACT Chapter P-17

(ii) the policing services provided under the arrangement or

the agreement.

(3) A regulation made under this section may be general or

specific in its application.
RSA 2000 cP-17 s62;2005 c31 s26;2005 c43 s12;
2006 cP-3.5 s38;2010 c21 s20

Transitional
63(1) In this section, “former Act” means the Police Act, RSA
1980 cP-12.

(2) Any person who, immediately before July 27, 1988, was

(a) a police officer in a municipal police force under the former

Act continues as a police officer in the municipal police
service under this Act,

(b) a peace officer in a municipal police force under the former

Act continues as a peace officer in the municipal police
service under this Act,

(c) a chief of police of a municipal police force under the

former Act continues as the chief of police of the municipal
police service under this Act.

(3) Any reference to a municipal police force in any order,

regulation or statute is deemed to be also a reference to a municipal
police service.
1988 cP-12.01 s67

Schedule 1
Oath of Office
(Members of Police Commissions)

I, _________________________, swear that I will diligently,

faithfully and to the best of my ability execute according to law the
office of a member of the _____________ Police Commission and
will not, except in the discharge of my duties, disclose to any
person any matter or evidence brought before me as a member of
the ________________ Police Commission, so help me God.

Sworn before me in the of )

, in the Province of Alberta, this )
day of )
)
(Commissioner for Oaths ) Signature
in and for the Province of Alberta) )

58
 RSA 2000
Schedule 2 POLICE ACT Chapter P-17

Schedule 2

Oath of Office

(Members of Policing Committees)

I, _________________________, swear that I will diligently,

faithfully and to the best of my ability execute according to law the
office of a member of the _______________________ Policing
Committee and will not, except in the discharge of my duties,
disclose to any person any matter or evidence brought before me as
a member of the ______________________ Policing Committee,
so help me God.

Sworn before me in the of )

, in the Province of Alberta, this )
day of )
)
(Commissioner for Oaths ) Signature
in and for the Province of Alberta) )

Schedule 3

Oath of Allegiance and Office

(Police Officers and Other Peace Officers)

I, ____________________________, swear that I will be faithful

and bear true allegiance to Her Majesty Queen Elizabeth the
Second, her heirs and successors, according to law, in the office of
______________________ for the ________________________
of ____________________ and that I will diligently, faithfully and
to the best of my ability execute according to law the office of
_________________________, and will not, except in the
discharge of my duties, disclose to any person any matter or
evidence that may come to my notice through my tenure in this
office, so help me God.

Sworn before me in the of )

, in the Province of Alberta, this )
day of )
)
(Commissioner for Oaths ) Signature
in and for the Province of Alberta) )

59
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