p-13 - Police Act

Updated to 19 June 1999

This document has official status.

chapter P-13

Police Act

DIVISION I GENERAL PROVISIONS

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  (paragraph repealed);

(b)  “Police Force” : the Sûreté du Québec constituted under section 38;

(c)  “Director General” : the officer mentioned in paragraph 1 of section 43 and appointed Director General of the Police Force under section 44;

(d)  “members of the Police Force” : the persons holding the appointments mentioned in subparagraphs 1 to 5 of section 43;

(e)  (paragraph repealed);

(f)  “municipality” other than a “local municipality” or a “regional municipality” : in addition to its ordinary meaning, the Communauté urbaine de Montréal in respect of its police services and the members thereof;

(g)  “municipal police force” : a police force established by a municipality and the Police Department of the Communauté urbaine de Montréal, as if it had been established by the municipality;

(h)  “chief” : the chief of a municipal police force;

(i)  “municipal policeman” : any member of a municipal police force, including the chief;

(j)  “special constable” : any person appointed a special constable under section 80 or 81;

(k)  (paragraph repealed).

1968, c. 17, s. 1; 1969, c. 22, s. 1; 1970, c. 12, s. 1; 1977, c. 5, s. 14; 1979, c. 67, s. 1, s. 47; 1988, c. 75, s. 205; 1990, c. 85, s. 122; 1996, c. 2, s. 765.

2. The members of the Police Force and the municipal policemen shall be constables and peace officers in the entire territory of Québec; the same shall apply to every special constable in the territory for which he is appointed, subject however to the restrictions contained in the writing attesting his appointment.

1968, c. 17, s. 2.

2.1. For the purposes of determining civil liability in respect of third persons, a member of the Police Force, a municipal policeman or a special constable does not cease to act as an employee when he performs his duties as a peace officer.

However, the Minister of Public Security is deemed to be the employer of any municipal policeman acting in the capacity of peace officer at the request of the Minister or at the request of the Police Force.

1979, c. 67, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1996, c. 73, s. 1.

2.2. (Repealed).

1979, c. 67, s. 2; 1988, c. 75, s. 206.

2.3. (Repealed).

1979, c. 67, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 206.

3. To become a member of the Police Force, a municipal policeman or a special constable, a person must

(1)  be a Canadian citizen;

(2)  be of good moral character;

(3)  not have been found guilty following an information for an offence under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) which, according to the information, was prosecuted by way of indictment;

(4)  have successfully undergone a medical examination, in accordance with the standards prescribed by regulation of the Government, performed by a physician selected by the Minister of Public Security, by the municipality or by the person who employs the special constable;

(5)  fulfil the other requirements prescribed by regulation of the Government.

A person who is appointed as a special constable for less than 30 days is not required to comply with subparagraphs 4 and 5 of the first paragraph.

1968, c. 17, s. 3; 1970, c. 12, s. 2; 1986, c. 95, s. 212; 1988, c. 75, s. 207; 1990, c. 4, s. 963.

4. Every member of the Police Force, municipal policeman and special constable, before entering on his duties, must take the oaths or make the solemn affirmations provided in schedules A and B, in the manner provided in this Act.

1968, c. 17, s. 4; 1984, c. 46, s. 22.

5. Common repute shall be sufficient proof of the appointment of any member of the Police Force or municipal policeman and of his right to act in that capacity.

No member of the Police Force or municipal policeman who lodges a complaint in that capacity under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) shall be required to prove that he was authorized to do so.

1968, c. 17, s. 5; 1992, c. 61, s. 439.

6. (Repealed).

1968, c. 17, s. 6; 1970, c. 12, s. 3; 1979, c. 67, s. 3; 1988, c. 75, s. 208; 1996, c. 2, s. 766; 1996, c. 73, s. 2.

6.1. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation,

(1)  provide for the classification and establish the scale of salaries applicable to the members of the Police Force referred to in subparagraphs 2, 3, 4 and 5 of the first paragraph of section 43;

(2)  prescribe standards governing badges, deeds of appointment and other identification papers of policemen or special constables;

(3)  prescribe standards governing the required medical examination of any person wishing to become a member of the Police Force, a member of another police force or a special constable;

(4)  prescribe standards governing the hiring of members of the Police Force, members of other police forces and special constables;

(5)  determine what positions may be held and what ranks may be awarded in a police force other than the Police Force, in view of the size of the force;

(6)  prescribe what qualifications are required to carry out investigations for a police force, in the cases determined by the regulation, and to hold a position or to be awarded a rank in a police force other than the Police Force;

(7)  prescribe the characteristics of the uniforms which may be worn by members of the Police Force, members of other police forces and special constables, prescribe their equipment and how it may be used, and prescribe what equipment may be installed in the motor vehicles they use as well as the characteristics of and identification standards for such vehicles;

(8)  prescribe what statistics and documents must be kept by the Police Force, other police forces, their members and special constables, and what forms they must use;

(9)  prescribe what decorations and citations may be awarded, and in what cases, the procedure for awarding such decorations and citations and who may qualify therefor;

(10)  (a)  prescribe a rate schedule or a calculation method, including special methods for a municipality resulting from an amalgamation which comes into force after 31 December 1990, for the amount that a municipality must pay the Government where police services are provided by the Police Force pursuant to section 64.3, 64.4 or 73.1, and the maximum amount payable;

(a.1)  prescribe a calculation method or special rates where police services provided under an agreement made in accordance with section 73.1 are partial or supplementary services or services that are provided for special events;

(b)  establish the categories of municipalities for the application of subparagraph a or a.1 and prescribe different calculation methods for every category;

(c)  determine the person in charge of collecting the amount referred to in subparagraph a or a.1, prescribe the terms and conditions of the collection and provide that, failing payment, interest be added to the sum or the municipality lose its right to receive, up to the amount owed to it, all or part of a sum otherwise payable to it by the Government or one of its Ministers or bodies;

(11)  define, for the purpose of determining, in the application of section 64.4, whether a municipality maintains adequate police services, the basic services that must be offered by a municipality, establish the categories of municipalities and define the different basic services for every category.

1988, c. 75, s. 209; 1991, c. 32, s. 251; 1996, c. 73, s. 3; 1999, c. 29, s. 1.

7. (Repealed).

1968, c. 17, s. 7; 1970, c. 12, s. 4; 1979, c. 67, s. 4.

DIVISION II

Repealed, 1988, c. 75, s. 210.

1988, c. 75, s. 210.

8. (Repealed).

1968, c. 17, s. 8; 1969, c. 22, s. 2; 1977, c. 5, s. 14; 1988, c. 75, s. 210.

9. (Repealed).

1968, c. 17, s. 9; 1970, c. 12, s. 5; 1971, c. 16, s. 1; 1979, c. 67, s. 5; 1984, c. 46, s. 23; 1986, c. 61, s. 36; 1986, c. 86, s. 41; 1988, c. 21, s. 108; 1988, c. 46, s. 24; 1988, c. 75, s. 210.

10. (Repealed).

1969, c. 22, s. 3; 1988, c. 75, s. 210.

11. (Repealed).

1968, c. 17, s. 10; 1969, c. 22, s. 4; 1979, c. 67, s. 6; 1988, c. 75, s. 210.

12. (Repealed).

1968, c. 17, s. 11; 1988, c. 75, s. 210.

13. (Repealed).

1968, c. 17, s. 12; 1968, c. 18, s. 1; 1977, c. 5, s. 14; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1988, c. 75, s. 210.

14. (Repealed).

1968, c. 17, s. 13; 1984, c. 46, s. 24; 1988, c. 75, s. 210.

15. (Repealed).

1968, c. 17, s. 14; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1988, c. 75, s. 210.

16. (Repealed).

1968, c. 17, s. 15; 1974, c. 11, s. 2; 1979, c. 37, s. 43; 1988, c. 75, s. 210.

17. (Repealed).

1968, c. 17, s. 16; 1970, c. 12, s. 6; 1979, c. 67, s. 7; 1988, c. 75, s. 210.

18. (Repealed).

1968, c. 17, s. 17; 1969, c. 22, s. 5; 1970, c. 12, s. 7; 1971, c. 16, s. 2; 1977, c. 5, s. 14; 1979, c. 67, s. 8, s. 47; 1988, c. 75, s. 210.

19. (Repealed).

1968, c. 17, s. 18; 1971, c. 16, s. 3; 1979, c. 67, s. 9; 1988, c. 75, s. 210.

19.1. (Repealed).

1979, c. 67, s. 9; 1988, c. 75, s. 210.

20. (Repealed).

1968, c. 17, s. 19; 1971, c. 16, s. 4; 1972, c. 16, s. 1; 1988, c. 75, s. 210.

21. (Repealed).

1968, c. 17, s. 20; 1971, c. 16, s. 5; 1979, c. 67, s. 10; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 210.

22. (Repealed).

1968, c. 17, s. 21; 1979, c. 67, s. 11; 1988, c. 75, s. 210.

23. (Repealed).

1972, c. 16, s. 2; 1979, c. 67, s. 12; 1986, c. 95, s. 213; 1988, c. 75, s. 210.

24. (Repealed).

1972, c. 16, s. 2; 1986, c. 95, s. 214; 1988, c. 75, s. 210.

25. (Repealed).

1972, c. 16, s. 2; 1979, c. 67, s. 13.

26. (Repealed).

1972, c. 16, s. 2; 1979, c. 67, s. 14; 1988, c. 75, s. 210.

27. (Replaced).

1972, c. 16, s. 2; 1979, c. 67, s. 14.

28. (Repealed).

1968, c. 17, s. 22; 1979, c. 67, s. 15; 1986, c. 95, s. 215; 1988, c. 75, s. 210.

29. (Repealed).

1972, c. 16, s. 3; 1979, c. 67, s. 16; 1986, c. 95, s. 216; 1988, c. 75, s. 210.

30. (Repealed).

1972, c. 16, s. 3; 1979, c. 67, s. 16; 1988, c. 75, s. 210.

31. (Repealed).

1972, c. 16, s. 3; 1979, c. 67, s. 16; 1986, c. 95, s. 217.

32. (Repealed).

1972, c. 16, s. 3; 1988, c. 75, s. 210.

32.1. (Repealed).

1979, c. 67, s. 17; 1986, c. 95, s. 218; 1988, c. 75, s. 210.

32.2. (Repealed).

1979, c. 67, s. 17; 1988, c. 75, s. 210.

32.3. (Repealed).

1979, c. 67, s. 17; 1986, c. 95, s. 219; 1988, c. 75, s. 210.

33. (Repealed).

1968, c. 17, s. 23; 1969, c. 22, s. 6; 1970, c. 12, s. 8; 1972, c. 16, s. 4; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 210.

34. (Repealed).

1968, c. 17, s. 24; 1979, c. 67, s. 18; 1980, c. 11, s. 70; 1988, c. 75, s. 210.

34.1. (Repealed).

1979, c. 67, s. 18; 1988, c. 75, s. 210.

34.2. (Repealed).

1979, c. 67, s. 18; 1988, c. 75, s. 210.

34.3. (Repealed).

1979, c. 67, s. 18; 1988, c. 75, s. 210.

35. (Repealed).

1968, c. 17, s. 25; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 210.

36. (Repealed).

1968, c. 17, s. 26; 1970, c. 12, s. 9; 1988, c. 21, s. 66; 1988, c. 75, s. 210.

37. (Repealed).

1968, c. 17, s. 27; 1968, c. 9, s. 90; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 210.

DIVISION II.1 PROVISIONS RESPECTING CERTAIN POLITICAL ACTIVITIES

1996, c. 73, s. 4.

37.1. No officer of the Police Force referred to in paragraphs 1 and 2 of section 43 and no director or assistant director of another police force may, on pain of disciplinary action, be a candidate in a federal or provincial election or in a municipal or school board election, or engage in partisan political activity in favour of, or against, a candidate or political party.

1996, c. 73, s. 4.

37.2. No other member of the Police Force, no other member of another police force and no special constable may, on pain of disciplinary action, be a candidate in a municipal or school board election, or engage at the municipal or school board level in partisan political activity in favour of, or against, a candidate or political party, within the limits of the territory to which he is assigned.

1996, c. 73, s. 4.

37.3. A member of the Police Force or of another police force not referred to in section 37.1, or a special constable, who is a candidate in a federal or provincial election or who engages at the federal or provincial level in partisan political activity in favour of, or against, a candidate or political party, must be on full leave of absence without pay.

1996, c. 73, s. 4.

37.4. The exercise of the right to vote in an election, membership in a political party, being a candidate for elective public office other than a public office referred to in this division or attendance at a public meeting of a political nature, does not constitute partisan political activity.

1996, c. 73, s. 4.

37.5. An application for leave for political activities shall be made to the highest authority under whose direction the member of the Police Force or of any other police force or the special constable performs his duties.

The authority concerned shall grant the leave of absence as soon as practicable and fix the dates on which the leave is to begin and to end. The duration of the leave of absence must allow the applicant sufficient time and opportunity to fully engage in the political activities for which the leave is applied for.

1996, c. 73, s. 4.

37.6. Any person who ceases to engage in political activity before the end of the leave of absence shall notify, without delay, the authority that granted the leave. The leave of absence shall end on the fifteenth day following the date of receipt of the notice.

1996, c. 73, s. 4.

37.7. At the end of the leave of absence, the person to whom leave had been granted is entitled to return to his duties in a position compatible with the duties imposed by the Code of ethics of Québec police officers or by the applicable disciplinary rules, particularly as regards impartiality and conflict of interest.

1996, c. 73, s. 4.

37.8. Except where inconsistent, the provisions of Division II of Chapter IV of Title IV of the Election Act (chapter E-3.3) that are applicable to candidates and official agents, adapted as required, apply to any member of the Police Force or of another police force and to any special constable who is required to take leave of absence by reason of other political activities.

1996, c. 73, s. 4.

37.9. The provisions of this division shall not operate to prevent the application of the provisions of the Code of ethics of Québec police officers, particularly as regards the duty of political neutrality in the performance of duties, the duty of restraint in public demonstrations of political opinion, the duty of discretion and the duty of impartiality in the performance of duties. In addition, the provisions of this division shall not operate to set aside the provisions of the said Code that govern conflicts of interest or applicable disciplinary rules.

1996, c. 73, s. 4.

DIVISION III SÛRETÉ DU QUÉBEC

§ 1 . — Constitution

38. A police force is constituted under the name of “Sûreté du Québec”.

1968, c. 17, s. 28; 1977, c. 5, s. 14.

39. The Police Force, under the authority of the Minister of Public Security, shall be charged with maintaining peace, order and public safety in the entire territory of Québec, preventing crime and infringements of the laws of Québec and seeking out the offenders.

Furthermore, notwithstanding section 67, if a municipal police force does not have the personnel, equipment or competence required to carry out its duties adequately, or for other serious cause, the Minister of Public Security may, of his own initiative or at the request of a municipality, place the Police Force, by way of exception, temporarily in charge of keeping order in the territory under the jurisdiction of the municipal police force, or making or conducting an inquiry, in the municipality.

1968, c. 17, s. 29; 1979, c. 67, s. 19; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1996, c. 2, s. 767.

39.0.1. The Minister of Public Security may, in the public interest and where particular situations or activities so justify, enter into an agreement for the provision of police services by the Police Force with any body other than a municipality. The cost of such services shall be borne by the body concerned.

1996, c. 73, s. 5.

39.1. The Police Force shall maintain a central information service to facilitate the detection and solving of crimes and this service shall be available to other police forces.

1979, c. 67, s. 20.

40. For the carrying on of the duties of the Police Force the territory of Québec shall be divided into districts, as the Government determines; every order made for such purposes shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1968, c. 17, s. 30; 1970, c. 12, s. 10.

41. The Minister of Public Security may, as he deems expedient, establish Police Force sections, posts and offices in each of the districts determined under section 40.

1968, c. 17, s. 31; 1970, c. 12, s. 10; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

42. The headquarters of the Police Force shall be in the territory of Ville de Montréal but the Government may transfer it to any other locality; every order made under this section shall be published in the Gazette officielle du Québec.

1968, c. 17, s. 32; 1996, c. 2, s. 768.

§ 2 . — Staff

43. The Police Force shall consist of the following members:

(1)  an officer, called the Director General of the Police Force, who shall command and administer the Police Force;

(2)  officers, in the number determined by the Government, each of whom shall be called Deputy Director General of the Police Force, who shall assist the Director General in the performance of his duties;

(3)  officers called, respectively, chief inspectors, inspectors, captains and lieutenants, in the number determined for each rank by the Government;

(4)  junior officers, called sergeants and corporals, in the number determined for each rank by the Government;

(5)  constables and assistant constables, in the number determined for each rank by the Government.

The Police Force shall also include cadets in the number determined by the Government.

1968, c. 17, s. 33; 1969, c. 22, s. 7; 1972, c. 16, s. 5; 1979, c. 67, s. 21; 1999, c. 29, s. 2.

44. The Government shall appoint the Director General of the Police Force for a term not exceeding five years and shall fix his salary.

The term of the Director General may be renewed. A Director General may not remain in office for more than 10 years.

The Director General must reside in the locality where the headquarters of the Police Force are situated or in the immediate vicinity of that locality.

The Director General may be dismissed only by the Government upon a report of the Minister following an inquiry.

1968, c. 17, s. 34; 1986, c. 95, s. 220; 1988, c. 75, s. 212; 1999, c. 29, s. 3.

44.1. In the case of the Director General’s death, absence or inability to act, the Deputy Director General designated by the Minister shall act as Director General in the interim.

1999, c. 29, s. 4.

45. (Replaced).

1968, c. 17, s. 35; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 212.

46. The officers of the Police Force mentioned in subparagraphs 2 and 3 of section 43 shall be appointed, on the recommendation of the Director General, by the Government which shall fix their salaries in accordance with the classification and scale of salaries prescribed by regulation of the Government.

1968, c. 17, s. 36; 1969, c. 22, s. 8; 1988, c. 75, s. 213.

47. The Director General, with the approval of the Minister of Public Security, shall appoint the members of the Police Force mentioned in subparagraphs 4 and 5 of section 43. Their salary shall be determined by the classification and scale of salaries prescribed by regulation of the Government.

1968, c. 17, s. 37; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 214.

48. The Director General, the Deputy Directors General and the other members of the Police Force shall take the oaths or make the solemn affirmations provided in Schedules A and B before the following persons:

(1)  the Director General, before a judge of the Court of Québec;

(2)  the Deputy Directors General, before the Director General;

(3)  the other members of the Police Force, before the Director General or one of the Deputy Directors General.

The Director General and the Deputy Directors General are authorized, in the performance of their duties and throughout Québec to administer the same oath or receive the same solemn affirmation as a commissioner for oaths appointed under the Courts of Justice Act (chapter T-16).

1968, c. 17, s. 38; 1969, c. 22, s. 9; 1984, c. 46, s. 25; 1988, c. 21, s. 109; 1988, c. 75, s. 215.

49. The members of the Police Force shall devote their time exclusively to the work of the Police Force and the duties of their office. They shall not hold any other employment or engage, directly or indirectly, in any commercial activity.

This section applies subject to the provisions of Division II.1.

1968, c. 17, s. 39; 1979, c. 67, s. 22; 1986, c. 95, s. 221; 1988, c. 75, s. 216; 1996, c. 73, s. 6.

50. Any member of the Police Force who wishes to terminate his employment must give notice of his intention to the Director General at least 30 days before the date of his departure.

At the end of such delay, he must surrender to the Director General the uniforms, badges, arms, identity papers and other articles in his possession belonging to the Police Force.

1968, c. 17, s. 40; 1979, c. 67, s. 23; 1988, c. 75, s. 217.

51. The functionaries and employees of the Police Force other than members shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1968, c. 17, s. 41; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1988, c. 75, s. 218.

§ 3 . — Command

52. The members of the Police Force as well as its functionaries and employees shall be under the orders of the Director General.

1968, c. 17, s. 42; 1988, c. 75, s. 219.

53. (Repealed).

1968, c. 17, s. 43; 1969, c. 22, s. 10; 1986, c. 95, s. 222.

54. The Director General may make inquiries into the conduct of any member of the Police Force where he has reasonable cause to believe that such conduct may adversely affect the performance of the duties of that cadet or member.

For such purpose, he may delegate his powers to the Deputy Director General or any other officer of the Police Force whom he may appoint; the Director General, one of the Deputy Directors General and the officers so appointed shall have, for the purposes of such inquiries, the powers and immunities of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1968, c. 17, s. 44; 1969, c. 22, s. 11; 1986, c. 95, s. 223; 1988, c. 75, s. 220; 1992, c. 61, s. 440.

55. The Director General, or a Deputy Director General authorized pursuant to section 54, may suspend, for cause, any member of the Police Force. He shall notify the Minister of Public Security forthwith of every suspension that he orders.

1968, c. 17, s. 45; 1979, c. 67, s. 24; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 221.

56. The Director General may dismiss for cause, with the approval of the Minister of Public Security, any member of the Police Force mentioned in subparagraphs 4 and 5 of section 43.

1968, c. 17, s. 46; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 222.

§ 4 . — Regulations

57. The Government, by regulation, may

(a)  provide for the classification and establish the scale of salaries of the members of the Police Force mentioned in paragraphs 2, 3, 4 and 5 of the first paragraph of section 43 and of the cadets;

(b)  determine the terms and conditions for the keeping of the register contemplated in section 17, the classes of peace officers whose members are subject to the obligation provided in section 2.2 and the content of the information they must furnish to the Commission;

(c)  provide for the payment of medical expenses for the cadets and members of the Police Force;

(d)  organize the direction and internal government of the Police Force, and ensure its proper administration and efficiency;

(e)  determine the standards of training for cadets and members of the Police Force;

(f)  determine the information that must be contained in the reports provided for in section 2.3 and the classes of peace officers whose chief must submit such reports;

(g)  determine the classes of peace officers who may be the subject of an inquiry under section 21.

The Government shall adopt the regulations under subparagraphs c, d and e of this section upon the recommendation of the Director General.

1968, c. 17, s. 47; 1969, c. 22, s. 12; 1979, c. 67, s. 25.

57.1. The Government may also, upon the recommendation of the Director General given as a result of consultation with the Commission, make a regulation respecting the ethics and discipline of the members of the Police Force, in view of

(a)  determining the duties of Police Force cadets and members, and the acts or omissions which constitute breaches of discipline;

(b)  constituting a committee for the examination of complaints, determining its powers and composition and specifying the mode of appointment of its members;

(c)  constituting a committee on discipline, determining its powers and composition and specifying the mode of appointment of its members;

(d)  determining the rules of procedure and proof applicable in case of disciplinary proceedings against a cadet or a member of the Police Force;

(e)  determining the powers of the Director General and of the officers of the Police Force in disciplinary matters;

(f)  determining the disciplinary penalties, including demotion and dismissal, which may be imposed on a cadet or a member of the Police Force;

(g)  determining the conditions under which a disciplinary penalty imposed on a cadet or a member of the Police Force may be lifted;

(h)  regulating any other matter respecting the development of a professional conscience and the exercise of disciplinary authority within the Police Force.

1979, c. 67, s. 26.

57.2. The Government, if it deems it appropriate, may fix a limited time for the Director General to submit a recommendation to it on any subject contemplated in subparagraph b, c or d of the first paragraph of section 57 or in section 57.1; it may proceed to adopt a regulation if the Director General fails to submit his recommendation within the time thus fixed.

The Government may accept, modify or reject a recommendation submitted to it by the Director General.

1979, c. 67, s. 26.

57.3. A regulation contemplated in section 57 comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

However, where a regulation concerns one of the subjects contemplated in section 57.1, the Government shall publish a draft regulation in the Gazette officielle du Québec at least thirty days before making it. The regulation comes into force on the day the Government publishes in the Gazette officielle du Québec a notice of its adoption, or on any later date indicated in the notice. If the Government has amended the draft regulation, the notice must be accompanied with the text of the amendments or the final text of the regulation.

1979, c. 67, s. 26.

§ 5 . — Superannuation plan

58. The pension with retirement shall be obligatory for every member of the Sûreté du Québec after thirty-two years of service.

It is also obligatory at sixty years of age.

1968, c. 17, s. 48; 1971, c. 17, s. 6; 1977, c. 5, s. 14.

59. The Government may make applicable to a member of the Police Force referred to in paragraph 1 or 2 or the members referred to in paragraph 3 of section 43, with or without amendment, the superannuation plan provided for in a labour contract made under section 8 of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14).

For the purposes of the first paragraph, the Government may also, in respect of the officers referred to in paragraph 1 or 2 of section 43, fix a limit different from that fixed in the first paragraph of section 58.

1968, c. 17, s. 49; 1971, c. 17, s. 6; 1993, c. 76, s. 1; 1999, c. 29, s. 5.

59.1. Notwithstanding paragraph 5 of section 4 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Government may cause the Government and Public Employees Retirement Plan to be applicable to a member of the Police Force referred to in subparagraph 1 or 2 of the first paragraph of section 43 if that plan applied to that member upon his appointment.

1999, c. 29, s. 6.

60. The contributions made by the members of the Police Force under a superannuation plan provided for in section 59 shall be made, from 1 September 1971, into the consolidated revenue fund; all sums required for the purposes of such a plan shall be taken out of the consolidated revenue fund, except the sums required for the administration of the plan, which shall be paid in accordance with section 158.5 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1968, c. 17, s. 50; 1971, c. 17, s. 8; 1993, c. 74, s. 3; 1996, c. 53, s. 48.

61. Any superannuation plan provided for in section 59 shall apply, from the 1st of September 1971, to all the members of the Sûreté du Québec in office on such date or who assumed office after such date.

1968, c. 17, s. 51; 1971, c. 17, s. 8; 1977, c. 5, s. 14.

62. The years that a member of the Police Force to whom a superannuation plan provided for in section 59 applies is entitled to have counted for pension purposes under the Act respecting the Civil Service Superannuation Plan (chapter R-12), may be counted for the purposes of a superannuation plan contemplated in section 59, provided that such member has not received reimbursement of his contributions.

1971, c. 17, s. 8.

63. Any annuity, other benefit or reimbursement payable under a superannuation plan contemplated in section 59 shall be inalienable and unseizable.

1971, c. 17, s. 8.

DIVISION IV MUNICIPAL POLICE FORCES

64. Every local municipality must ensure that its territory is under the jurisdiction of a police force. A municipality having a population of 5,000 inhabitants or more may either establish its own police force by a by-law of its council approved by the Minister of Public Security, or retain the services of another police force in accordance with an agreement under section 73. A municipality having a population of less than 5,000 inhabitants shall be served by the Police Force in accordance with an agreement under section 73.1.

The first paragraph does not apply to a municipality situated within the territory of the Communauté urbaine de Montréal or to the Kativik Regional Government acting in the capacity of a local municipality with respect to an unorganized territory in accordance with section 244 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1). If, in accordance with section 369 of the said Act, the Regional Government establishes and maintains a regional police force, the first paragraph does not apply to a municipality within the territory of the Regional Government.

In addition, the first paragraph does not apply to any part of the territory of a local municipality in respect of which particular conditions for the provision of police services have been ordered by the Minister or agreed by the Government pursuant to Division IV.0.1 or Division V.

For the purposes of this Act, the expression “municipality contemplated in section 64” means a municipality to which the obligation provided for in the first paragraph applies.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27; 1988, c. 19, s. 259; 1988, c. 75, s. 224; 1991, c. 32, s. 252; 1996, c. 73, s. 7.

64.0.1. Notwithstanding section 64, the Minister of Public Security may, subject to the conditions he determines, authorize a local municipality having a population of 5,000 inhabitants or more to retain the services of the Police Force in accordance with an agreement under section 73.1 or a local municipality having a population of less than 5,000 inhabitants to establish its own police force or to retain the services of any other police force in accordance with an agreement under section 73.

In addition, the Minister may authorize any municipality which has established its own police force to abolish it, subject to the conditions he determines.

A municipality which has established its own police force may, with the authorization of the Minister, reduce the size thereof.

Before giving an authorization under the second or third paragraph, the Minister shall consult, in particular, the representative municipal organizations and the associations devoted to the protection of policemen’s interests.

1991, c. 32, s. 252; 1996, c. 73, s. 8.

64.1. A decision, made in accordance with section 64.0.1, authorizing a municipality to abolish its police force or to reduce its size shall take effect after a reclassification committee, established by the Minister of Public Security, has examined the situation and made its recommendations or, failing recommendations within the six months following the constitution of the committee, at the expiration of this period. This committee shall consider what opportunities the policemen affected have to find employment with another police force and, with the municipality, examine the possibility of finding them other employment.

This committee shall have six members appointed by the Minister of Public Security, one of whom is his representative and another, the representative of the Minister of Municipal Affairs; the other members shall be chosen, in equal numbers, from among the representatives of the representative municipal organizations and the associations devoted to the protection of policemen’s interests.

1979, c. 67, s. 27; 1986, c. 86, s. 38, s. 39; 1988, c. 46, s. 24; 1988, c. 75, s. 225; 1991, c. 32, s. 253; 1996, c. 73, s. 9.

64.2. (Repealed).

1979, c. 67, s. 27; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 226.

64.3. Where the territory of a municipality to which the obligation provided in section 64 applies is not under the jurisdiction of a police force, the Sûreté du Québec shall be entrusted in accordance with section 39 with maintaining peace, order and public safety, preventing crime and offences under the laws of Québec and seeking out offenders. The Police Force is required, in that case, to provide police services in accordance with Schedule C.

The municipality must, in this case, pay to the Government, in accordance with the regulation made under paragraph 10 of section 6.1, the amount established pursuant to the said regulation.

This section ceases to apply in respect of the municipality on the date from which it is served by a police force in accordance with an agreement under section 73 or 73.1 or from the date on which it establishes its own police force.

1979, c. 67, s. 27; 1986, c. 86, s. 41; 1988, c. 21, s. 66; 1988, c. 46, s. 24; 1988, c. 75, s. 227; 1991, c. 32, s. 254; 1996, c. 73, s. 10.

64.4. Where an inquiry made under the Act respecting police organization (chapter O-8.1) finds that a municipality does not maintain adequate police services, the Minister of Public Security may require that corrective measures be taken within the time limit he fixes. Failing such measures or before the expiry of the time limit, the Minister may confer on the Sûreté du Québec responsibility for maintaining peace, order and public safety in the territory of the municipality, preventing crime and offences under the laws of Québec and seeking out offenders.

In determining whether a municipality maintains adequate police services, the Minister may consider the basic services, as defined by the regulation made under paragraph 11 of section 6.1 with regard to all the municipalities or the category to which the municipality belongs, as the case may be, that must be offered by that municipality and the special services that it may obtain.

A municipality that does not maintain adequate police services must, if the Minister directs the Police Force to act in its territory, pay to the Government, in accordance with the regulation made under paragraph 10 of section 6.1, the sum established according to that regulation.

1991, c. 32, s. 254; 1996, c. 73, s. 11.

65. Every municipality contemplated in section 64 may make by-laws to:

(a)  provide for the organization, equipment and maintenance of a police force and the discipline of its members;

(b)  prescribe the duties and powers of the members of such force and prescribe the penalties applicable in case of infringement of the by-laws respecting discipline;

(c)  provide for the imposition of penalties, including dismissal or fine, upon any member of the police force who accepts or demands, directly or indirectly, any sum of money, favour or alcoholic beverage as consideration for the exercise of influence or for an act or omission in the discharge of his duties;

(d)  determine the places where the members of the police force may reside, classify them, specify the ranks that may be assigned to them and prescribe the inspections to which they shall be subject.

The by-laws apply subject to the other provisions of this Act, the Act respecting police organization (chapter O-8.1) and the government regulations thereunder.

The clerk or the secretary-treasurer of any municipality which has passed a by-law dealing with any subject contemplated in this section must send a copy thereof to the Minister of Public Security within 15 days following its coming into force.

1968, c. 17, s. 53; 1969, c. 22, s. 13; 1988, c. 75, s. 228.

66. (Repealed).

1970, c. 12, s. 12; 1979, c. 67, s. 28.

67. It shall be the duty of every municipal police force and each member thereof to maintain peace, order and public safety in the territory of the municipality for which it is established and in any other territory in which such municipality has jurisdiction, to prevent crime and infringements of its by-laws and to seek out the offenders.

1968, c. 17, s. 54; 1968, c. 18, s. 2.

68. Every municipal police force shall be under the control of a chief who shall command it.

Where the office of chief is vacant, the municipality shall appoint an interim chief without delay.

The director general of a municipality has no authority in any matter concerning a police inquiry.

1968, c. 17, s. 55; 1979, c. 67, s. 29, s. 47; 1983, c. 57, s. 168; 1999, c. 29, s. 7.

69. The chief of a municipal police force shall take the oaths or make the solemn affirmations prescribed in section 4 before the mayor, and the other municipal policemen who are members of the force before the chief of police.

The chief of police is authorized, in the performance of his duties, and throughout the territory of the municipality, to administer the same oath or to receive the same solemn affirmation as a commissioner for oaths appointed under the Courts of Justice Act (chapter T-16).

1968, c. 17, s. 56; 1970, c. 12, s. 13; 1979, c. 67, s. 47; 1984, c. 46, s. 26; 1988, c. 75, s. 229.

70. The clerk or secretary-treasurer of every municipality which has established a police force shall keep a register of all the policemen who are members of such force; each such policeman may require of the clerk or secretary-treasurer a certificate attesting his appointment.

1968, c. 17, s. 57.

71. (Repealed).

1968, c. 17, s. 58; 1969, c. 22, s. 14; 1990, c. 4, s. 651.

72. (Repealed).

1968, c. 17, s. 59; 1990, c. 4, s. 651.

73. The council of a municipality may make an agreement, in accordance with the Act governing it, with another municipality, concerning places of detention or the services of a police force. The agreement must provide, as the case may be, that the territory of a municipality that is a party to the agreement is subject to the jurisdiction of a police force.

The agreement is made for a period of not more than ten years and must be approved by the Minister of Public Security; failing written notice of nine months given by one of the parties, the agreement is renewed for the period provided for initially or for any other period agreed upon by the parties.

In order to be approved, the agreement must contain provisions for the maintenance, at its termination, in the territory of the municipalities that are parties to the agreement and to which the obligation imposed in section 64 applies, of appropriate police services and for the appointment or reclassifying of the members of the police force in the municipalities. The making of an agreement under this section does not require a municipality, at the termination of the agreement, to complying with the obligation imposed by section 64 if it is not already bound to do so.

1968, c. 17, s. 60; 1969, c. 22, s. 15; 1979, c. 83, s. 10; 1982, c. 2, s. 42; 1988, c. 75, s. 230; 1991, c. 32, s. 255.

73.1. The Minister of Public Security may make an agreement with a local municipality or, in the case of a local municipality having a population of less than 5,000 inhabitants, with the regional county municipality that includes the local municipality, providing that all or some of the police services in the territory of the local municipality or in any other territory under the jurisdiction of the local municipality are to be provided by the Police Force.

In the case of a local municipality having a population of less than 5,000 inhabitants, the Minister may make the agreement with the local municipality where the Minister is of the opinion that it is warranted by the circumstances.

1979, c. 67, s. 30; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1996, c. 73, s. 12.

73.2. An agreement under section 73.1 shall

(1)  determine the nature and scope of the police services provided to the local municipality or, in the case of an agreement with a regional county municipality, to each local municipality concerned;

(2)  fix the number of policemen assigned to the services;

(3)  determine the exchanges of information between the Police Force and the municipality concerned;

(4)  provide for the supervision of the application of the agreement;

(5)  determine the location of the police station, where applicable, and the costs relating to premises furnished by the municipality;

(6)  define the roles and responsibilities of the Police Force and the municipality concerned;

(7)  provide for a dispute settlement mechanism to serve in the interpretation or application of the agreement;

(8)  determine the term of the agreement, which must be at least five years where the agreement covers all police services.

The cost of the police services provided by the Police Force shall be established using the calculation methods or rate schedule prescribed by regulation and shall be borne by the local municipality or, in the case of an agreement with a regional county municipality, by each local municipality concerned.

1996, c. 73, s. 12.

73.3. The implementation of an agreement under section 73.1 shall be placed under the authority of a public security committee composed of the following persons:

(1)  four members of the council of the local municipality or, in the case of an agreement with a regional county municipality, of the councils of the local municipalities to which the agreement applies, designated by the local municipality or the regional county municipality, as the case may be;

(2)  two representatives of the Police Force, designated by the Police Force, one of whom shall be the person in charge of the police station and neither of whom shall be entitled to vote.

The members of the committee shall select a chairman for a term of one year from among the persons referred to in subparagraph 1 of the first paragraph.

The committee shall hold not less than one meeting every two months, which shall be called by the president. It shall oversee the progress of the agreement, assess the services provided and, on an annual basis, establish priority actions for the police service. It shall inform the parties of the results of its work and shall report to them at least once a year.

In addition, the committee may make to the Police Force such recommendations as it considers expedient and advise the Minister on the work organization or training needs of policemen and on any other question relating to the police services covered in the agreement.

1996, c. 73, s. 12.

74. No municipality may make a contract, otherwise than in accordance with sections 73 and 73.1, to entrust to a third party the organization or maintenance of a police force.

1968, c. 17, s. 61; 1979, c. 67, s. 31.

74.1. Where an agreement contemplated in section 73 provides that the organization or maintenance of a police force is entrusted to an intermunicipal management board, the latter is a municipality within the meaning of this Act and for these purposes, its board of directors, the chairman of the board and the secretary of the management board act as municipal council, mayor and secretary-treasurer or clerk.

In such a case, the management board has the powers and responsibilities of a municipality under this Act and the Act respecting police organization (chapter O-8.1); in particular, it has the exclusive power to pass a by-law contemplated in section 65 or a resolution contemplated in section 79.

1982, c. 2, s. 43; 1988, c. 75, s. 231.

74.2. Where an agreement contemplated in section 73 confers on an intermunicipal management board powers relating to places of detention or police services other than the organization or maintenance of a police force, the management board has the powers and obligations of a municipality under this Act to the extent necessary to attain the objects of the agreement.

1982, c. 2, s. 43.

75. When a municipal policeman acts as peace officer at the request of the Minister of Public Security or at the request of the Police Force, the Minister is deemed to be his employer for the purposes of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1968, c. 17, s. 62; 1972, c. 16, s. 6; 1977, c. 5, s. 14; 1978, c. 57, s. 1, s. 92; 1979, c. 67, s. 31; 1985, c. 6, s. 477; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 232; 1996, c. 73, s. 13.

76. (Replaced).

1970, c. 12, s. 14; 1971, c. 17, s. 9; 1972, c. 16, s. 7; 1979, c. 67, s. 31.

77. (Replaced).

1970, c. 12, s. 14; 1971, c. 17, s. 10; 1979, c. 67, s. 31.

78. (Replaced).

1970, c. 12, s. 14; 1979, c. 67, s. 31.

79. Notwithstanding any provision of any general law or special Act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.

Nor may the council of any such municipality, notwithstanding any provision of any general law or special Act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code (chapter C-27) and who, between 2 May 1969 and 1 July 1969, has been in the service of the municipality for at least 24 months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.

The resolution shall be served upon the person concerned in the same manner as a summons under the Code of Civil Procedure (chapter C-25); the person may, however, appeal from the decision in accordance with Division VII.1.

Appeal must be brought within the 30 days following service of the decision of the council of the municipality.

If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.

The dismissal or reduction of salary provided for in resolution contemplated in this section has effect only:

(a)  from the time when the person concerned acquiesces therein;

(b)  from the expiry of the delay for appeal if no appeal has been brought; or

(c)  from the time when judgment on the appeal is rendered.

If the decision of the council of the municipality is quashed by the judges, they may also order the municipality to pay to the appellant a sum of money which they determine as an indemnity for the expenses he has incurred for such appeal; they may also, if the resolution contemplated the dismissal of the appellant, order the municipality to pay to him all or part of the salary he did not receive during his suspension and the judges shall fix the amount of such salary, and to re-establish for such period the other benefits and allowances which the appellant received before the suspension.

1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6; 1979, c. 67, s. 32, s. 47; 1988, c. 21, s. 66; 1988, c. 75, s. 233.

DIVISION IV.0.1 NATIVE POLICE FORCE

1995, c. 12, s. 1.

79.0.1. The Government may enter into an agreement with a Native community represented by its council to establish or maintain a police force in a territory determined under the agreement.

A police force thus established or maintained shall, for the duration of the agreement, be a police force for the purposes of this Act.

1995, c. 12, s. 1.

79.0.2. The agreement must include provisions relating to the swearing-in of police officers and the independence of the administration of the police force.

The agreement may also include, in particular, provisions relating to

(1)  standards governing the hiring of police officers;

(2)  the appointment of members to the Comité de déontologie policière charged with hearing an application for review or a citation concerning the conduct of a police officer pursuant to the Act respecting police organization (chapter O-8.1).

The provisions relating to the standards governing the hiring of police officers may vary from the standards established by regulation of the Government under this Act and shall, in case of incompatibility, take precedence over the latter. The provisions of the agreement relating to the appointment of members to the Comité de déontologie policière are binding on the Comité.

1995, c. 12, s. 1.

79.0.3. The Minister shall table the agreement before the National Assembly within 15 days of the day on which it is signed if the Assembly is in session or, if it is not sitting, within 15 days of resumption.

1995, c. 12, s. 1.

79.0.4. A Native police force and its members are responsible for maintaining peace, order and public safety in the territory for which it is established, preventing crime and offences under the laws and regulations applicable in that territory and seeking out offenders.

1995, c. 12, s. 1.

DIVISION IV.1 POLICE FORCE OF CREE VILLAGES AND OF THE NASKAPI VILLAGE

1979, c. 35, s. 2.

79.1. The police force that a Cree or Naskapi village is authorized to establish must be composed of special constables appointed in accordance with section 80.

Section 68 does not apply to such a force if it is composed of not more than two members.

1979, c. 35, s. 2; 1996, c. 2, s. 769.

79.2. A Cree or Naskapi village may, by by-law submitted to the approval of the Minister of Public Security, determine the physical characteristics and the educational level required and the other qualifications required for admission as a member of its police force.

Such a by-law prevails over any regulation of the Government to the same effect.

1979, c. 35, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 234; 1996, c. 2, s. 770.

79.3. The members of the police force established by the Naskapi village may also be members of the regional police force established by the Kativik Regional Government under the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1).

1979, c. 35, s. 2; 1996, c. 2, s. 771.

79.4. Category IA lands which are intended for the Community whose members form a Cree village and Category II or Category III lands situated within the perimeter of the aggregate of the Category I lands intended for that community, in addition to the territory of the municipality, constitute territories over which that municipality has jurisdiction within the meaning of section 67.

The lands contemplated in this section shall be delimited in accordance with the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1) and, for the purposes of sections 75 to 78, are deemed to form part of the territory of the municipality.

1979, c. 35, s. 2; 1996, c. 2, s. 772.

79.5. Subject to section 39, the Kativik Regional Government, established by the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1) has exclusive jurisdiction in police matters in the territory of the Naskapi village.

1979, c. 35, s. 2; 1996, c. 2, s. 773.

79.6. Territories over which the Naskapi village has jurisdiction within the meaning of section 67 are composed of the Category IA-N and Category III lands situated within their perimeter.

These lands shall be delimited in accordance with the Act respecting the land regime in the James Bay and New Québec territories and are deemed to form part of the territory of the municipality for the purposes of sections 75 to 78.

1979, c. 35, s. 2; 1996, c. 2, s. 774.

79.7. Notwithstanding section 74, a Cree or Naskapi village may make an agreement with the Minister of Public Security in order to enable the Police Force to provide all or part of the police services in the lands on which the police force and each of its members may exercise their functions.

Furthermore, such a municipality may, notwithstanding section 73, make by-laws to make agreements in police matters with the Cree Regional Government established by the Act respecting the Cree Regional Authority (chapter A-6.1) or the Kativik Regional Government or, notwithstanding the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30), a band within the meaning of the Cree Villages and the Naskapi Village Act (chapter V-5.1).

The by-laws authorizing such agreements require the approval of the Minister of Public Security and of the Minister of Municipal Affairs.

1979, c. 35, s. 2; 1985, c. 30, s. 66; 1986, c. 86, s. 41; 1988, c. 41, s. 87; 1988, c. 46, s. 24; 1994, c. 15, s. 33; 1996, c. 2, s. 775; 1996, c. 21, s. 70.

79.8. The Government may, by regulation, create an advisory board to advise him on the maintenance of peace, order and public safety in a Cree environment.

For these purposes, he may:

(a)  state the name under which the board may be designated and permit a Cree or English designation;

(b)  determine the composition of the board, of which at least one-third of the members shall be appointed by the Cree Regional Authority, and the term of office of the members;

(c)  provide that the Naskapis are to be represented on the board where matters concerning them are under discussion; and

(d)  provide any other measure required for the proper operation of the board.

A regulation comes into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1979, c. 35, s. 2.

79.9. The budget of the police force of a municipality contemplated in this division must be submitted for approval to the Minister of Public Security.

The Minister of Public Security shall pay to the municipality, according to the budget he approves, the sums required for the establishment and maintenance of the police force.

1979, c. 35, s. 2; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

DIVISION V SPECIAL CONSTABLES

80. Any judge of the Court of Appeal, of the Superior Court, of the Court of Québec or of a Municipal Court may, with the approval of the Minister of Public Security, appoint in writing and for a period which he determines persons called special constables, to maintain peace, order and public safety in the territory which he designates, prevent therein crime and infringements of the laws of Québec, and seek out the offenders; but no such special constable shall exercise his powers as a peace officer except to the restrictions indicated in the writing attesting his appointment.

1968, c. 17, s. 64; 1974, c. 11, s. 2; 1986, c. 86, s. 41; 1988, c. 21, s. 110; 1988, c. 46, s. 24.

81. The council of any municipality contemplated in section 64 may, by by-law, authorize the mayor to appoint in writing, in case of emergency and for a period not exceeding seven days, persons called special constables, to maintain peace, order and public safety in the territory of the municipality and in any other territory under its jurisdiction, to prevent crime and infringements of its by-laws, and seek out the offenders. The Council may also, by an annual by-law which must be approved by the Minister of Public Security and by the Minister of Municipal Affairs, authorize the mayor to appoint, in writing, for a period not exceeding four months, persons to act as special constables.

Any by-law adopted under the preceding paragraph may prescribe the maximum number of persons whom the mayor may appoint as special constables and fix the maximum remuneration that they may be paid.

1968, c. 17, s. 65; 1979, c. 67, s. 33; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

82. The writing attesting the appointment of a special constable shall be made in duplicate and one of the duplicates shall be given to the person so appointed.

1968, c. 17, s. 66.

83. Every special constable appointed under section 80 shall take the oaths or make the solemn affirmations prescribed in section 4 before the judge who appoints him.

Every special constable appointed by the mayor of a municipality shall take such oaths or make such solemn affirmations before him or before the clerk or secretary-treasurer of the municipality.

A writing attesting that the special constable has complied with this section shall be drawn up at once in duplicate and one of the duplicates shall be given to the special constable.

1968, c. 17, s. 67; 1984, c. 46, s. 27.

84. When a judge appoints a special constable under section 80, the clerk of the court to which the judge belongs shall send without delay to the Minister of Public Security a copy of the writing attesting the appointment of the special constable and a copy of the writing attesting that the special constable has complied with section 83.

1968, c. 17, s. 68; 1984, c. 46, s. 27; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

85. The clerk or secretary-treasurer of every municipality contemplated in section 64 shall keep a register of the persons appointed as special constables by the mayor.

He shall also send forthwith to the Minister of Public Security a copy of the writing attesting the appointment of such special constables and a copy of the writing attesting that those special constables have complied with section 83.

1968, c. 17, s. 69; 1984, c. 46, s. 28; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

86. Special constables appointed under section 80 shall exercise their powers under the direction of the Minister of Public Security or under that of the person designated by him; special constables appointed by the mayor of a municipality shall exercise such powers under the direction of the chief of the police force of the municipality.

1968, c. 17, s. 70; 1979, c. 67, s. 47; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

87. Sections 71 and 72 shall apply mutatismutandis to special constables appointed by the mayor of a municipality.

1968, c. 17, s. 71.

88. Every special constable, whenever he acts as such, must wear a badge in accordance with the regulations of the Government and carry with him a duplicate of the writing attesting his appointment or any other identity paper approved by regulation of the Government and show it whenever requested when he does anything in the performance of his duties.

1968, c. 17, s. 72; 1979, c. 67, s. 34; 1988, c. 75, s. 235.

89. Any special constable appointed under section 80 may be dismissed by the judge who appointed him or by any judge contemplated in section 80, when an application to that end is made to him by the Minister of Public Security.

Any judge contemplated in section 80 may dismiss a special constable appointed by the mayor of a municipality when an application to that end is made to him by the Minister of Public Security.

1968, c. 17, s. 73; 1968, c. 18, s. 3; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

DIVISION VI

Repealed, 1988, c. 75, s. 236.

1988, c. 75, s. 236.

90. (Repealed).

1968, c. 17, s. 74; 1977, c. 5, s. 14; 1986, c. 86, s. 40; 1988, c. 46, s. 25; 1988, c. 75, s. 236.

91. (Repealed).

1968, c. 17, s. 75; 1988, c. 75, s. 236.

92. (Repealed).

1968, c. 17, s. 76; 1979, c. 67, s. 35; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 236.

93. (Repealed).

1968, c. 17, s. 77; 1970, c. 12, s. 16; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1988, c. 75, s. 236.

94. (Repealed).

1968, c. 17, s. 78; 1979, c. 67, s. 36; 1985, c. 21, s. 96; 1986, c. 86, s. 41; 1988, c. 41, s. 88; 1988, c. 46, s. 24; 1988, c. 75, s. 236.

DIVISION VII EMERGENCY POWERS

95. The Government, if it is of the opinion that public health or safety is endangered in the whole or any part of the territory of Québec, may order that the Director General of the Police Force or any other person designated by it assume, under the authority of the Minister of Public Security and for a period indicated by it but which shall not exceed thirty days at a time, the command and direction of the Police Force and of all municipal police forces that it mentions, and of their members.

1968, c. 17, s. 79; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

96. As soon as an order in council is adopted under section 95, every member of the Police Force and of a municipal police force mentioned therein, including the chief of such force, shall come under the command and direction of the person designated therein, who shall have the necessary authority to enforce the laws of Québec and the by-laws of all municipalities whose police forces are contemplated in the said order in council; no member of any such police force may resign from his position without the consent of the person designated in the order in council adopted under section 95 unless he reaches retirement age.

1968, c. 17, s. 80; 1979, c. 67, s. 47.

97. The Minister of Public Security shall lay before the National Assembly every order in council adopted under section 95 on or before the third day on which the Assembly sits, after the adoption of the order.

As soon as an order in council is so produced, any member, by motion requiring no notice of presentation, may request the revocation of such order; such motion shall be considered by precedence and its presentation shall interrupt any current debate; if it is adopted, the order in council shall then cease to be in force.

Every order in council adopted under section 95 shall be published forthwith in the Gazette officielle du Québec.

1968, c. 17, s. 81; 1968, c. 9, s. 90; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

98. This division shall have effect notwithstanding any inconsistent provision of this act or of any other general law or special act.

1968, c. 17, s. 82.

DIVISION VII.1 APPEALS

1979, c. 67, s. 37.

98.1. A person who is the object of a resolution contemplated in the third paragraph of section 79 may, by motion, appeal from that decision to three judges of the Court of Québec.

1979, c. 67, s. 37; 1988, c. 21, s. 66; 1990, c. 27, s. 32.

98.2. The motion must be served on the clerk of the Court of Québec in the judicial district where the appellant is domiciled, within thirty days of the decision; it must be accompanied with a notice of at least ten days of the date of its submission and be served on the Minister of Public Security.

1979, c. 67, s. 37; 1986, c. 86, s. 41; 1988, c. 21, s. 66; 1988, c. 46, s. 24.

98.3. The rules of the Code of Civil Procedure relating to the administration of proof, hearing and judgment apply, with the necessary modifications, to an appeal brought according to this division.

1979, c. 67, s. 37.

98.4. The judges who hear and decide on the appeal are, for the purposes of the appeal, vested with the powers and immunity of commissioners appointed pursuant to the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

The judges have all the necessary powers for the exercise of their jurisdiction and they may render any order they deem expedient for the safeguarding of the rights of the interested parties.

1979, c. 67, s. 37; 1992, c. 61, s. 441.

98.5. The judges may confirm, quash or amend the decision submitted to them; their decision is without appeal.

1979, c. 67, s. 37.

DIVISION VII.2 PENAL PROVISIONS

1979, c. 67, s. 37; 1992, c. 61, s. 442.

98.6. Every person who by encouragement, advice, command or authorization incites a member of the Police Force or of any other police force or a special constable to become a candidate or to engage in other partisan political activities in contravention of the provisions of Division II.1 is guilty of an offence and is liable to a fine of $100 to $3,000.

1979, c. 67, s. 37; 1988, c. 75, s. 237; 1996, c. 73, s. 14.

98.7. Any person who falsely represents himself to be a member of the Police Force, a municipal policeman or a special constable, particularly by means of the clothing or badges he wears, is guilty of an offence and liable to a fine of not under $100 nor over $3 000.

1979, c. 67, s. 37; 1988, c. 75, s. 238.

98.8. Any person who contravenes section 50 or 88 or a regulation under paragraph 8 of section 6.1 is liable to a fine of not under $100 nor over $1 000.

1979, c. 67, s. 37; 1988, c. 75, s. 239; 1990, c. 27, s. 33.

98.9. (Repealed).

1979, c. 67, s. 37; 1990, c. 4, s. 652; 1992, c. 61, s. 443.

DIVISION VIII FINAL PROVISIONS

99. In any Act, proclamation, order in council, contract or document, the expressions “constable”, “peace officer”, “policeman”, “police officer”, “officer of the peace” and any other similar expression mean, unless the context indicates a different meaning, a member of the Police Force, a municipal policeman, a member of a Native police force referred to in Division IV.0.1 or a special constable, in accordance with the powers and authority conferred upon them respectively by this Act.

In all such documents, any provision applicable to a municipal police force or to a municipal policeman is, unless the context indicates a different meaning, a provision applicable to a Native police force referred to in Division IV.0.1 or to a member thereof, with the necessary modifications.

1968, c. 17, s. 97 (part); 1995, c. 12, s. 2.

100. No irregularity shall result from the use of the expression “Québec Provincial Police Force” or from any abbreviation or sigla of such expression to designate the Sûreté du Québec.

1968, c. 17, s. 101; 1977, c. 5, s. 14.

101. The Minister of Public Security shall have charge of the carrying out of this Act.

1968, c. 17, s. 106; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

102. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

(Section 4)

Oath or solemn affirmation of allegiance and office

I, A. B., (swear or solemnly affirm, as the case may be) that I will be loyal and bear true allegiance to constituted authority, and that I will fulfill the duties of my office of .............., honestly and justly and in accordance with the Code of ethics of Québec police officers, (in the case of a member of the Police Force or a municipal policeman, add the following: ) and that I will not receive any sum of money or consideration for what I have done or may do in the discharge of the duties of my office, to procure the purchase or exchange of anything whatsoever by or with (the Government or the municipality, as the case may be), other than my salary or what may be allowed me by law or by (an order of the Government or a by-law or resolution of the council, as the case may be). (If taking an oath, add: “So help me God.”).

1968, c. 17, Schedule A; 1977, c. 5, s. 14; 1984, c. 46, s. 29; 1997, c. 52, s. 51.

SCHEDULE B

(Section 4)

Oath or solemn affirmation of secrecy

I, A. B., further (swear or solemnly affirm, as the case may be) that I will not reveal or disclose, unless duly authorized, anything that may come to my knowledge in the discharge of my duties. (If taking an oath, add: “So help me God.”).

1968, c. 17, Schedule B; 1984, c. 46, s. 29.

SCHEDULE C

POLICE SERVICES IN TERRITORIES NOT UNDER THE JURISDICTION OF A POLICE FORCE

(Section 64.3)

I. The Police Force shall provide the basic police services prescribed by regulation under paragraph 11 of section 6.1.

II. The Police Force shall provide such services, throughout the territory of the regional county municipality that includes the local municipality, in accordance with its usual administrative and operating practices.

III. The implementation of this schedule shall be placed under the authority of a public security committee composed of the following members:

(1) four members of the council of the local municipality or, in the case of an agreement with a regional county municipality, of the councils of the local municipalities to which the agreement applies, designated by the local municipality or the regional county municipality, as the case may be, or failing such designation, by the Minister;

(2) two representatives of the Police Force, designated by the Police Force, one of whom shall be the person in charge of the police station and neither of whom shall be entitled to vote.

IV. The committee may examine any question pertaining to the provision of police services and make to the Police Force such recommendations as it considers expedient.

1996, c. 73, s. 15.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 17 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 62c, 97 (part), 98 to 100, 102 to 105, 107 and 108, effective from the coming into force of chapter P-13 of the Revised Statutes.

Section 43 of this Act will be amended upon the coming into force of section 211 of chapter 75 of the statutes of 1988 on the date fixed by order of the Government.

Sections 57 to 57.3 of this Act will be repealed upon the coming into force of section 223 of chapter 75 of the statutes of 1988 on the date fixed by order of the Government.