p-13.1, r. 2 - Regulation respecting the discipline of members of the Sûreté du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter P-13.1, r. 2

Regulation respecting the discipline of members of the Sûreté du Québec

Police Act

(chapter P-13.1, s. 257).

The provisions concerning police ethics provided for in this Regulation have been replaced by the Code of ethics of Québec police officers (chapter P-13.1, r. 1).

CHAPTER I DEFINITIONS AND PURPOSE

1. In this Regulation, unless otherwise indicated by the context:

(a)  “Director General” means the Director General of the Sûreté or the officer performing his duties in his absence;

(b)  “division of internal matters” means the administrative unit set up by the Sûreté to perform the duties assigned to that division by this Regulation;

(c)  “member” means a member of the Sûreté referred to in section 55 of the Police Act (chapter P-13.1) and includes a cadet;

(d)  “officer” means a member referred to in section 55 of the Police Act;

(e)  “Sûreté” means the Sûreté du Québec.

O.C. 467-87, s. 1.

2. The provisions of this Regulation are intended to promote the maintenance of the discipline and ethics required by a police force and respect of the rights of individuals.

O.C. 467-87, s. 2.

3. The Regulation is also intended to promote respect by members of their duty to behave in a manner appropriate to members of the Sûreté and to refrain from reprehensible actions.

O.C. 467-87, s. 3.

4. The Sûreté must give priority to any complaint concerning the conduct of its members towards citizens.

O.C. 467-87, s. 4.

CHAPTER II BREACHES OF DISCIPLINE

5. Any failure or omission related to a duty or an obligation imposed by this Regulation constitutes a breach of discipline and makes the member liable to a disciplinary penalty.

A member may be the subject of a complaint notwithstanding the fact that he has been acquitted or convicted by a court of criminal jurisdiction of an offence with respect to which the facts giving rise to an accusation are the same as the facts on which the disciplinary charge is based.

O.C. 467-87, s. 5.

6. A disciplinary charge may be brought against a member only within 24 months of the time when the breach was committed, except where the breach also constitutes a criminal act punishable only by indictment.

O.C. 467-87, s. 6.

7. A breach of discipline with which a member is charged may not give rise to more than one summons under this Regulation and is not liable to more than one disciplinary penalty.

O.C. 467-87, s. 7.

CHAPTER III DUTIES OF A MEMBER

8. A member must behave in a dignified manner. To that end, he must refrain from any behaviour lacking in respect towards any person or adversely affecting the dignity or efficiency of the Sûreté.

The following in particular constitute breaches of discipline:

(a)  the use of obscene or insulting language;

(b)  misuse of authority, intimidation or harassment;

(c)  recourse to greater force than necessary to accomplish what he is ordered or permitted to do;

(d)  lack of respect and courtesy towards a person or a member;

(e)  causing a person to get into a vehicle of the Sûreté unless so permitted;

(f)  consorting or fraternizing without a satisfactory reason with persons he knows to have a criminal reputation;

(g)  while on duty or in uniform whether on duty or not, consuming alcoholic beverages in public unless so permitted;

(h)  while on duty being under the influence of alcoholic beverages, narcotics, hallucinogenic drugs, narcotic or anaesthetic preparations or any other substance capable of causing intoxication, weakening or disturbance of the faculties or unconsciousness;

(i)  keeping alcoholic beverages without permission in a vehicle or on premises of the Sûreté;

(j)  drinking alcoholic beverages immoderately in a manner that discredits the Sûreté, it being understood that consuming such beverages in a private residence does not constitute a breach of discipline;

(k)  being dressed during working hours in a manner not in accordance with the instructions in force;

(l)  buying, selling or possessing narcotics or any similar product whose sale is prohibited or regulated, or being involved as intermediary in any such case, except where his work so requires.

O.C. 467-87, s. 8.

9. A member must respect the rights of a prisoner, that is, any person in his custody, and shall refrain from any indulgence towards him.

The following in particular constitute breaches of discipline:

(a)  negligence in the custody or surveillance of a prisoner;

(b)  furnishing a prisoner with alcoholic beverages, narcotics, hallucinogenic drugs, narcotic or anaesthetic preparations or any other substance capable of causing intoxication, weakening or disturbance of the faculties or unconsciousness;

(c)  doing business of any kind with a prisoner or attempting to obtain any benefit from him or to give him any benefit;

(d)  except in a emergency, searching a person of the other sex;

(e)  failing to search any prisoner in his custody, or in the case of a person of the other sex, failing to have a search made by a person of the same sex;

(f)  failing to keep in a safe place anything taken from a prisoner;

(g)  failing to make entries in the register of imprisonment and the register of confiscated articles;

(h)  interference in communications between a prisoner and his attorney;

(i)  the use of greater force than is necessary in dealing with a prisoner;

(j)  failing to watch over the safety and health of a prisoner;

(k)  suffering a young offender to be confined with an adult offender, or a female with a male, except in the cases prescribed by the law.

O.C. 467-87, s. 9.

10. A member must use a service weapon carefully and with judgment.

The following in particular constitute breaches of discipline:

(a)  not maintaining or keeping in good operating condition a service weapon, or the ammunition entrusted to him;

(b)  showing, handling or pointing a service weapon without sufficient cause;

(c)  failing to report to his superior each time he uses a service weapon in carrying out his duties;

(d)  not taking reasonable precautions to prevent the loss or theft of a service weapon or its use by an unauthorized person;

(e)  lending or transferring a service weapon;

(f)  lack of care in the use and handling of a service weapon, particularly with unnecessary danger to the life or the safety of another person;

(g)  carrying or using in performing his duties, unless so permitted, a firearm other than that issued to him by the Sûreté.

O.C. 467-87, s. 10.

11. A member must respect the authority of the law and the courts and must cooperate in the administration of justice.

The following in particular constitute breaches of discipline:

(a)  contravening any law enacted by a legally constituted authority in a manner likely to compromise the performance of his duties;

(b)  being convicted of or pleading guilty to an offence under the Criminal Code (R.S.C. 1985, c. C-46) on prosecution brought by indictment or pleading guilty following an information relating to an offence under the Criminal Code which, according to the information, is indictable;

(c)  interfering with or contributing to interference with the course of justice;

(d)  concealing evidence or information with the intention of harming or favouring a person, in particular an accused, a complainant or a witness;

(e)  omitting or unduly delaying sending to his superior any information concerning crimes and offences of which he is a witness or of which he has knowledge.

O.C. 467-87, s. 11.

12. A member must obey the requests, instructions and oral or written orders of his superiors.

The following in particular constitute breaches of discipline:

(a)  refusal or failure to give an account to the Director General or his representative of his actions in the performance of his duties;

(b)  refusal or failure to furnish a report in accordance with a superior’s order concerning the actions he performed during his work;

(c)  not performing the work assigned or not being in the place assigned by his superior.

O.C. 467-87, s. 12.

13. A member must carry out his duties conscientiously and diligently.

The following in particular constitute breaches of discipline:

(a)  refusal or inciting to refusal to perform duties;

(b)  negligence or carelessness in performing duties.

O.C. 467-87, s. 13.

14. A member must be regular at his work.

The following in particular constitute breaches of discipline:

(a)  not observing the working hours;

(b)  being absent from work without permission;

(c)  any trick or false statement used to extend a leave, to delay the return to work or to be absent from work;

(d)  exchanging with another member work or a shift to which he was assigned without the permission of his superior.

O.C. 467-87, s. 14.

15. A member must perform his duties honestly.

The following in particular constitute breaches of discipline:

(a)  maliciously damaging or destroying, losing through negligence or illegally transferring public or private property;

(b)  failing to report any destruction, loss or damage of property for the use of the Sûreté;

(c)  using or permitting the use of property for the use of the Sûreté for personal or unauthorized use;

(d)  lending, selling or transferring an item of the uniform or the equipment provided by the Sûreté;

(e)  falsifying, removing or destroying documents of the Sûreté or documents in the custody of the Sûreté or other official documents;

(f)  submitting or signing a report or other writing, knowing it to be false or inaccurate;

(g)  claiming or authorizing without making the necessary checks reimbursement of expenses not incurred, payment for hours of work not done or payment of unwarranted premiums;

(h)  failing or neglecting to account for or to remit within a reasonable time any sum of money or property received in his capacity of member of the Sûreté.

O.C. 467-87, s. 15.

16. A member must perform his duties in a disinterested and impartial manner.

The following in particular constitute breaches of discipline:

(a)  accepting, soliciting or demanding, directly or indirectly, a gift, reward, commission, discount, loan, discharge of debt, favour or any other benefit or consideration of a nature to compromise his impartiality in the performance of his duties;

(b)  paying, offering to pay or agreeing to offer a benefit, rebate or commission to a person of a nature to compromise the impartiality of such person in the performance of his duties;

(c)  paying, offering to pay or agreeing to offer a benefit, rebate or commission to a person, whether a member of the Sûreté or not, in order that he may intercede in his favour to obtain a promotion, a transfer of any change in his status as member of the Sûreté;

(d)  using for personal ends, or for the purpose of obtaining a benefit or a profit, information obtained while performing his duties or as a result of his position in the Sûreté;

(e)  recommending to a person who has been charged or with whom the member has been in contact in performing his duties the services of a particular attorney;

(f)  becoming surety in a case under the jurisdiction of a court of penal jurisdiction, except where warranted by family relations with the person charged;

(g)  signing a letter of recommendation or other certificate knowing it to be false or inaccurate.

O.C. 467-87, s. 16.

17. A member must avoid any situation where he would be in a conflict of interest of a nature to compromise his impartiality in the performance of his duties or of a nature to influence adversely his judgment and his loyalty.

In particular, holding directly or indirectly a permit from the Régie des alcools, des courses et des jeux or any other permit governing places where public shows are held or holding directly or indirectly a pecuniary interest in such permit constitutes a breach of discipline.

A member may solicit or collect money from the public by the sale of advertisements or tickets or by any other means for the benefit of a person or a community organization, to the extent that he does not thereby place himself in a position of conflict of interest.

O.C. 467-87, s. 17.

18. When a member believes himself to be in a situation placing him or likely to place him in a conflict of interests, compromising his impartiality or of a nature to influence adversely his judgment and his loyalty, he must inform his immediate superior who shall instruct him in the attitude to adopt.

In particular, a member must inform his immediate superior of the fact that he is living with a person who holds directly or indirectly a permit from the Régie des alcools, des courses et des jeux or any other permit governing places where public shows are held, or who holds directly or indirectly a pecuniary interest in such permit.

O.C. 467-87, s. 18.

19. A member who observes the commission of a breach of discipline affecting the protection and the safety of the public or likely to constitute a criminal offence, or who is informed of such breach of discipline, or who has reasonable and probable grounds for believing that such breach of discipline has been committed, must inform his immediate superior or the person in charge of the division of internal matters.

O.C. 467-87, s. 19.

20. A member must obey his oaths of allegiance and office and of confidentiality.

It shall constitute, in particular, a breach of discipline to reveal information respecting an inquiry or the activities of the Sûreté to persons not authorized by the Director General or his representative, in particular, by transmitting documents.

O.C. 467-87, s. 20.

21. A member must be politically neutral in the performance of his duties.

The following in particular constitute breaches of discipline:

(a)  being present in uniform at a political meeting, unless he is on duty at that place;

(b)  failing to show moderation in publicly expressing his political opinions;

(c)  during an electoral period, publicly expressing his political opinions, soliciting funds for a candidate for election, a party authority or a political party, or publicly expressing his support for a candidate for election or for a political party.

O.C. 467-87, s. 21.

22. A member of the Sûreté shall occupy himself solely with the work of the Sûreté and the duties of his position. He may not assume any other employment nor engage in any business, directly or indirectly.

O.C. 467-87, s. 22.

CHAPTER IV RECEIVING COMPLAINTS

23. Any person may make a complaint about the conduct of a member by sending it in writing to the immediate superior of the member.

O.C. 467-87, s. 23.

24. A complaint may be made in writing to any member of the Sûreté or to the person in charge of the division of internal matters. The member or the person in charge receiving the complaint shall transmit it to the immediate superior involved.

O.C. 467-87, s. 24.

25. A complaint concerning the Director General shall be sent in writing to the Minister of Public Security, and a complaint concerning an Assistant Director General shall be sent to the Director General.

O.C. 467-87, s. 25.

26. A complaint may also originate from the authority of the Sûreté having jurisdiction.

O.C. 467-87, s. 26.

27. An immediate superior making a complaint or receiving a complaint shall send the original of the complaint without delay to the person in charge of the division of internal matters through the proper channels, except where the complaint originates from that source.

O.C. 467-87, s. 27.

28. The person in charge of the division of internal matters receiving a complaint or a copy of a complaint originating from a member of the public must acknowledge receipt of the complaint, must send upon request by such person a copy of this Regulation and must inform him that his complaint will be sent after inquiry to the committee for studying complaints.

In any case of a complaint, the person in charge of the division of internal matters shall inform the member concerned in writing of the fact that a complaint has been made against him and of the nature of the complaint, except where the progress of the inquiry is likely to be hindered by so informing him.

O.C. 467-87, s. 28.

29. Where a complaint originates from a member of the public, the person in charge of the division of internal matters shall inform such person every 30 days of the progress of the file.

O.C. 467-87, s. 29.

30. The person in charge of the division of internal matters shall check the observance of this Regulation, in particular in respect to the handling of a complaint originating from the public, from receipt to its examination by the committee for studying complaints.

O.C. 467-87, s. 30.

31. The immediate superior involved must ascertain all the facts by inquiry and where possible, obtain a written statement from the persons interrogated. When the inquiry has been completed, he shall send a report accompanied by a summary to the person in charge of the division of internal matters through the proper channels.

O.C. 467-87, s. 31.

32. Notwithstanding section 31, the Director General may order that the inquiry required following a complaint be entrusted to an investigator of the division of internal matters or to any other investigator designated by him. The report of such inquiry shall be sent to the person in charge of the division of internal matters.

O.C. 467-87, s. 32.

CHAPTER V THE COMMITTEE FOR STUDYING COMPLAINTS

33. A committee of 5 members shall be set up for studying complaints, 2 members being appointed by the Director General from among the officers of the Sûreté, other than those assigned to the division of internal matters.

The other 3 members shall be appointed by the Minister of Public Security. They may not be policemen, but at least 1 of them shall be an advocate.

O.C. 467-87, s. 33.

34. The chairman of the committee shall be designated by the Minister of Public Security.

Against the chairman’s absence or incapacity, the Director shall appoint an alternate.

O.C. 467-87, s. 34.

35. The term of office for members of the committee and the chairman shall be 2 years. Appointment may be renewed only once consecutively.

O.C. 467-87, s. 35.

36. The quorum for the committee shall be 3 members, including 2 of the members appointed by the Minister of Public Security. The decision shall be that of the majority.

The chairman is not entitled to vote unless there is a tie.

O.C. 467-87, s. 36.

37. The person in charge of the division of internal matters shall designate a secretary of the committee from among the staff of the division.

O.C. 467-87, s. 37.

38. The secretary shall inform the committee of any complaint made against a member under this Regulation, accompanied by the writing by which the complaint is made and any circumstantial report of inquiry and any report on the complaint in his possession.

O.C. 467-87, s. 38.

39. The chairman shall call at least 10 meetings of the committee in the year, and whenever he considers it necessary to deal with complaints more quickly.

O.C. 467-87, s. 39.

40. The committee shall not hear witnesses and shall deliberate on the basis of the reports submitted to it. It shall sit in camera.

O.C. 467-87, s. 40.

41. The committee must consider every complaint submitted to it and shall require additional information about the complaint where necessary to enable it to analyse completely the relevant circumstances.

O.C. 467-87, s. 41.

42. The committee shall dismiss any complaint it considers to be not grounded in fact or in law or frivolous or vexatious.

O.C. 467-87, s. 42.

43. Where the committee considers there are grounds for disciplinary action, it shall direct the secretary to charge the member with a breach of discipline.

O.C. 467-87, s. 43.

44. The disciplinary charge shall be drawn up by the secretary of the committee. It shall indicate the nature and circumstances of the fact and the place of the alleged breach of discipline.

O.C. 467-87, s. 44.

45. Where a member other than an officer is charged with a breach of a discipline, the committee shall decide before what disciplinary authority the member charged shall appear, whether a designated officer or the discipline committee.

Where it is a discipline committee, the committee shall also decide, after obtaining the opinion of the Director General, which of the quorums prescribed by section 55 will apply.

For such purpose, the committee must first consider whether the alleged breach involves a member of the public or not, the seriousness of the alleged breach, the complexity of the legal problems, the alleged facts and whether the member has been previously disciplined.

O.C. 467-87, s. 45.

46. Where the member charged with a breach of discipline is an officer referred to in subparagraph 1 of section 55 of the Police Act (chapter P-13.1), the disciplinary charge must be brought before the discipline committee. The committee shall decide which of the quorums prescribed by section 55 of this regulation will apply.

O.C. 467-87, s. 46.

47. Where the committee dismisses a complaint, it may, in the interest of the public, the Sûreté or the accused member, communicate to the member in writing comments or observations of a nature to improve his professional conscience or to avert the commission of a breach of discipline. They shall be transmitted to the member through his commanding officer or the head of his service, but may not be entered in his personal file.

O.C. 467-87, s. 47.

48. Following study of a complaint, where the interest of the public, the Sûreté or the accused member warrants it, the committee may also:

(a)  recommend to the Director General to have the member take a medical examination;

(b)  recommend to the Director General the retraining or in-service training of the member in a police training institution;

(c)  inform the Director General of the member’s good conduct;

(d)  submit to the Director General any recommendation intended to avert the commission of breaches of discipline and to foster in the Sûreté high standards of integrity and professional conscience;

(e)  submit to the Director General any recommendation considered useful to promote observance of this Regulation.

O.C. 467-87, s. 48.

49. Where the committee considers that it is expedient temporarily to relieve a member accused of a breach of discipline of his duties or suspend him from the Sûreté, it may recommend to the Director General to exercise his administrative powers to assign the member to other duties or to suspend him with or without pay until the final decision is made.

O.C. 467-87, s. 49.

50. When the committee has finished studying a complaint, it shall inform the complainant of its conclusions.

If the complaint is dismissed, it shall inform him of the reasons for such dismissal and of any agencies or public services able to help him to enforce his rights.

O.C. 467-87, s. 50.

51. Before 1 February of each year, the committee shall submit to the Director General a report of its activities for the year ending on the preceding 31 December.

O.C. 467-87, s. 51.

CHAPTER VI DISCIPLINARY AUTHORITY

52. The disciplinary authority before which a charge is brought shall be either a discipline committee or an officer.

O.C. 467-87, s. 52.

53. There shall be a discipline committee, consisting of 10 officers designated by the Director General and 5 persons who are not policemen and who are appointed by the Minister of Public Security. The latter shall also designate one of the officers as the committee chairman.

O.C. 467-87, s. 53; O.C. 1326-91, s. 1.

54. The term of office for a member of the committee shall be 2 years and may be renewed. A member whose term has expired may conclude a matter of which he was seized before such expiry.

O.C. 467-87, s. 54.

55. The quorum of the discipline committee shall be 3 members including one person who is not policeman, designated by the chairman of the committee upon receipt of the disciplinary charges transmitted to him by the secretary of the committee for studying complaints.

Where the committee for studying complaints so indicates, the quorum of the committee shall be 3 members, 2 of whom shall not be policemen.

O.C. 467-87, s. 55.

56. The committee may hold more than one sitting at a time.

O.C. 467-87, s. 56.

57. The chairman of the committee shall designate the chairman of a sitting.

O.C. 467-87, s. 57.

58. Where the member charged before the committee is an officer, the chairman shall be part of the quorum and shall preside; the officer designated by him to form part of the quorum must be of a rank equal to or higher than that of the officer charged.

O.C. 467-87, s. 58.

59. Where the disciplinary authority is an officer, he shall be designated by the chairman of the discipline committee from among the 10 officers forming part of it, upon receipt of the disciplinary charge transmitted to him by the secretary of the committee for studying complaints.

O.C. 467-87, s. 59.

60. The officer designated shall act as chairman of the hearing.

O.C. 467-87, s. 60.

61. The person in charge of the division of internal matters shall appoint a secretary to the disciplinary authority from among the staff of the division.

O.C. 467-87, s. 61.

CHAPTER VII DISCIPLINARY PROCEDURE

62. The person in charge of the division of internal matters shall serve the disciplinary charge on the member charged and shall inform him of the name of the chairman of the hearing and, if the hearing is by a discipline committee, the names of the members.

He shall also attach a summary of the relevant parts of the inquiry.

O.C. 467-87, s. 62.

63. The member charged must inform the chairman of the hearing of his plea within 7 days of service of the disciplinary charge.

O.C. 467-87, s. 63.

64. Upon receipt of a plea, the chairman of the hearing shall serve at least 7 days’ notice of the date, time and place of the hearing on the member charged and summoning him thereto.

O.C. 467-87, s. 64.

65. Where the member duly summoned is absent from the hearing without reasonable excuse or leaves the hearing room without permission from the chairman, the case may be heard in his absence.

O.C. 467-87, s. 65.

66. During a hearing, the disciplinary authority must:

(a)  read the disciplinary charge to the member charged;

(b)  allow the member charged to alter his plea;

(c)  allow the representative of the authority to describe the alleged breach of discipline, to submit evidence and to make appropriate representations;

(d)  allow the member charged to present a full and complete defence;

(e)  accept any evidence that he considers appropriate and relevant to ensure disclosure of the truth;

(f)  call, swear, question and discharge witnesses;

(g)  allow the representative of the prosecution and the member charged to submit evidence and to make representations concerning the disciplinary penalty.

O.C. 467-87, s. 66.

67. The disciplinary authority is required to accept a duly certified copy of any final decision of a Canadian or foreign court declaring a member guilty or not guilty of a criminal offence as proof of the guilt or innocence of the member charged in regard to that criminal offence, and a certified true copy of any decision of the Comité de déontologie policière as evidence.

O.C. 467-87, s. 67.

68. During a hearing, the member charged has the right to be assisted by a member of the Sûreté or by an advocate.

O.C. 467-87, s. 68.

69. The depositions shall be recorded.

O.C. 467-87, s. 69.

70. Hearings shall be public. The disciplinary authority may order the hearings to be held in camera, particularly in the interest of morals and public order.

O.C. 467-87, s. 70.

71. The disciplinary charge may be amended at any time on such conditions as may be required to protect the rights of the parties.

The disciplinary authority may not allow, without the consent of the parties, any amendment which would result in an entirely new charge having no relation to the original charge.

O.C. 467-87, s. 71.

72. Subject to paragraph q of section 3 of the By-law respecting police personnel records of the Sûreté du Québec and municipal police forces (R.R.Q., 1981, c. P-13, r. 1), no mention of a breach of discipline found not proved against a member may be entered in his personal file.

O.C. 467-87, s. 72.

CHAPTER VIII DISCIPLINARY PENALTIES

73. The disciplinary authority may, if it considers it warranted by the interest of the public, the Sûreté or the member, recommend that a penalty be imposed on a member who acknowledges that he has committed or is found to have committed a breach of discipline. In addition to the penalty, it may order the member to comply with reasonable conditions considered by it desirable to ensure the member’s good conduct and prevent any repetition of the offence. A member who fails or refuses to comply with such conditions commits a breach of discipline.

O.C. 467-87, s. 73.

74. The disciplinary penalty must be proportionate to the seriousness of the failing charged, considering the circumstances of the occurence, the general conduct of the member and the contents of his disciplinary file.

O.C. 467-87, s. 74.

75. Where the disciplinary authority is an officer, he may recommend after the hearing one of the following penalties for each charge:

(a)  a warning;

(b)  a reprimand;

(c)  disciplinary suspension without pay for a period determined by him.

O.C. 467-87, s. 75.

76. Where the disciplinary authority is a discipline committee, it may within 10 days of the end of the hearing on the penalty recommend one of the following penalties for each charge:

(a)  a warning;

(b)  a reprimand;

(c)  disciplinary suspension without pay for a period determined by it;

(d)  demotion;

(e)  discharge.

O.C. 467-87, s. 76.

77. The recommendation of a disciplinary authority must be in writing, with reasons, and must be signed by the persons constituting such disciplinary authority. It shall be immediately sent to the Director General by the person in charge of the division of internal matters through the proper channels.

O.C. 467-87, s. 77.

78. Any disciplinary recommendation concerning a member given or deemed to be given by a disciplinary authority shall be subject to a decision by the Director General, who may confirm or alter such recommendation or disregard it.

O.C. 467-87, s. 78.

79. Before altering or disregarding a recommendation, the Director General shall inform the member involved and the person in charge of the division of internal matters of the possibility of such a course and shall indicate the nature of the factors likely to warrant such decision and shall allow them to make representations in writing in regard to it within the time determined by him.

O.C. 467-87, s. 79.

80. (Implicitly revoked).

O.C. 467-87, s. 80.

81. A decision made by the Director General shall take effect immediately except in the cases of demotion and discharge, where his decision is subject to approval by the Minister of Public Security.

A decision by the Director General that has taken effect shall be sent to the person in charge of the division of internal matters, who shall see that it is enforced and shall inform the complainant and the member involved without delay.

O.C. 467-87, s. 81.

82. A member who receives a disciplinary suspension without pay may, within 7 days of communication of the penalty, request the Director General that the number of days during which he would thus be without pay be reduced totally or partially by his annual vacation and his future weekly leave at the rate of not less than 1 day per week.

O.C. 467-87, s. 82.

83. A member who receives a disciplinary penalty other than discharge or demotion may, 5 years after such penalty is imposed, request by application to the Director General that the penalty be struck out of his record.

O.C. 467-87, s. 83.

84. After consultation with the discipline committee, the Director General may grant an application under section 83 where the applicant’s behaviour has been generally satisfactory since the penalty was imposed.

O.C. 467-87, s. 84.

CHAPTER IX INTERPRETATION

85. This Regulation may not be interpreted as affecting a labour contract within the meaning of the Act respecting the Syndical Plan of the Sûreté du Québec (chapter R-14).

O.C. 467-87, s. 85.

86. Nothing in this Regulation may be interpreted as restricting the administrative powers of the Director General to suspend temporarily with or without pay a member suspected of having committed a criminal or penal offence or a serious breach of discipline where the Director General or his representative is of the opinion that it is expedient to remove such member temporarily from his duties.

O.C. 467-87, s. 86.

87. For the purposes of this Regulation, a member shall not be required to make a statement, but he must furnish at his superior’s request a report concerning the actions performed during his work.

O.C. 467-87, s. 87.

CHAPTER X GENERAL, TRANSITIONAL AND FINAL

88. A member suspended or temporarily relieved of his duties must upon request hand over to his superior his service weapon, handcuffs, documents of authority or any other property for the use of the Sûreté.

O.C. 467-87, s. 88.

89. An immediate superior observing that a breach of discipline is being committed, who is informed or has reasonable and probable grounds for believing that a breach of discipline has been committed or is about to be committed, is authorized to give an oral warning immediately or to issue a warning in writing subject to any other disciplinary penalty that may be imposed.

O.C. 467-87, s. 89.

90. At any time, a complaint originating from the Sûreté or a charge resulting from such complaint may be withdrawn by an order in writing of the Director General.

O.C. 467-87, s. 90.

91. When the first members of the committee for studying complaints are appointed under sections 33, 34 and 35, one of the members selected from among the officers of the Sûreté and one of the members appointed by the Minister of Public Security shall be appointed for a term of 1 year.

If one of the members appointed for 1 year is designated chairman, his term as chairman shall also be 1 year.

O.C. 467-87, s. 91.

92. When the first members of the discipline committee are appointed under sections 53 and 54, 5 of the members selected from among the officers of the Sûreté and one of the members appointed by the Minister of Public Security shall be appointed for a term of 1 year.

If the officer appointed for 1 year is designated chairman, his term as chairman shall also be 1 year.

O.C. 467-87, s. 92.

93. (Omitted).

O.C. 467-87, s. 93.

94. This Regulation replaces the Code de discipline de la Sûreté approved on 7 December 1966 by the Minister of Justice.

O.C. 467-87, s. 94.

95. (Omitted).

O.C. 467-87, s. 95.

REFERENCES

O.C. 467-87, 1987 G.O. 2, 1159

O.C. 1326-91, 1991 G.O. 2, 3945