Under the Police Act, the Chief of Police (Chief) may terminate the services of a police officer for reasons other than disciplinary reasons or if they are of the opinion that the police officer is unfit to be employed as a police officer (herein referred to collectively as “non-disciplinary terminations”). Where the Chief terminates an officer for these reasons, the notice of termination must be confirmed by the Edmonton Police Commission (Commission).
Guidelines:
- Section 37(2) of the Police Act grants the Chief statutory authority to terminate the services of a police officer, notwithstanding the provisions of a collective agreement, by serving a notice of termination to the police officer for reasons other than disciplinary reasons or if the Chief of Police is of the opinion that the police officer is unfit to be employed as a police officer.
- Section 37(4) of the Police Act sets out that if a process for non-disciplinary termination is set out in the collective agreement, that process shall be used to terminate an officer under subsection (2). A process for non-disciplinary terminations of police officers serving their 18-month probationary period has been agreed to in the relevant collective agreement. No process for non-disciplinary terminations of police officers who have completed their probationary period has been agreed to in the relevant collective agreement.
- For a notice of termination under section 37(2) to take effect, it must be confirmed by the Commission within 30 days of service.
- The Commission shall review the notice of termination and advise the Chief and the affected officer(s) whether the notice of termination is confirmed within 30 days from the date the officer received the notice of termination.
- Written submissions may be made by the Chief and affected officer(s).
Procedures:
- Upon receiving notice from the Chief that an officer has been terminated under s. 37(2), the Commission’s Legal Counsel (LC) shall immediately notify the Commission Chair and Vice-Chair.
- The LC will send correspondence to the Chief and affected officer(s) setting out the deadlines for providing written submissions to the Commission. Deadlines for written submissions will normally accord with the following timelines:
- Approximately 3 business days for the initial written submissions of the Chief;
- Approximately one week for the written submissions of the affected officer(s);
- Approximately one week for any reply submissions of the Chief.
- Where the termination is of a police officer who has completed their 18-month probationary period, the LC will also send correspondence to the Chief and affected officer(s) inquiring whether an in-person hearing is requested. No in-person hearing will be made available to an affected officer(s) who was serving their 18-month probationary period, save in exceptional circumstances.
- If the Chief or non-probationary affected officer(s) have requested an in-person hearing, the LC shall coordinate with the Chief, the affected officer(s) and the Commission to arrange the hearing on a suitable date and time prior to the expiry of the 30-day period.
- If neither the Chief nor non-probationary affected officer(s) have requested an in-person hearing, the Commission shall determine whether an in-person hearing is nonetheless required.
- The Commission shall consider written submissions and/or oral submissions and decide whether to confirm the notice of termination prior to the expiry of the 30-day period as a special, in camera meeting, or the next regularly scheduled in camera meeting following receipt of all written submissions.
- Once the Commission decides whether to confirm the notice of termination, the Chief and affected officer(s) shall be notified of the Commission’s decision within the 30-day period. The Commission will then provide the Chief and affected officer(s) with a written decision advising them of the Commission’s reasons for decision as soon as possible thereafter.
References:
- Police Act, RSA 2000, c P – 17, s 37
Revised June 18, 2026