The Police Service Regulation provides the Commission with the authority to extend the time limit for the Chief to charge a police officer with misconduct.
Guidelines:
- The Commission may extend the time limit for the Chief to charge a police officer with misconduct even if the time limit has passed.
- Where the Chief brings a request for a retroactive extension of the time limit within three months of the expiry of the time limit, the Commission may consider that extension request in accordance with the regular extension request procedures set out in 1.2.6above.
- Where the Chief brings a request for a retroactive extension of the time limit more than three months after the expiry of the time limit, the Commission shall follow the retroactive extension request procedures set out below.
Procedures:
- All retroactive extension requests will first be provided by the Chief to the PCD.
- The PCD will notify the complainant(s) and affected officer(s) of the retroactive extension request and provide them with the opportunity to make submissions to the Commission regarding whether the retroactive extension request should be granted.
- The PCD will coordinate the exchange of submissions between the Chief, complainant(s),and affected officer(s). Generally, submissions are made in writing, however requests to make in person submissions shall be brought forward to the Commission for decision.
- Once all submissions have been received, the PCD will bring the matter before the Commission for decision.
- The Commission shall provide the Chief, complainant(s), and affected officer(s) with a written decision regarding the retroactive extension request.
References:
- Police Service Regulation, AR 356/1990
- EPC Policy 5.2.4 – Professional Standards Committee Terms of Reference