85 (1) Subject to subsection (4), the chief of police may, under subsection 84 (1), (a) dismiss the police officer from the police force; (b) direct that the police officer be dismissed in seven days unless he or she resigns before that time; (c) demote the police officer, specifying the manner and period of the demotion; (d) suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be; (e) direct that the police officer forfeit not more than three days or 24 hours pay, as the case may be; (f) direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be; or (g) impose on the police officer any combination of penalties described in clauses (c), (d), (e) and (f).  2007, c. 5, s. 10. Same (2) Subject to subsection (4), the board may, under subsection 84 (2), (a) dismiss the chief of police or deputy chief of police from the police force; (b) direct that the chief of police or deputy chief of police be dismissed in seven days unless he or she resigns before that time; (c) demote the chief of police or deputy chief of police, specifying the manner and period of the demotion; (d) suspend the chief of police or deputy chief of police without pay for a period not exceeding 30 days or 240 hours, as the case may be; (e) direct that the chief of police or deputy chief of police forfeit not more than three days or 24 hours pay, as the case may be; (f) direct that the chief of police or deputy chief of police forfeit not more than 20 days or 160 hours off, as the case may be; (g) impose on the chief of police or deputy chief of police any combination of penalties described in clauses (c), (d), (e) and (f).  2007, c. 5, s. 10. Same (3) The board shall promptly take any action that the Commission directs it to take under subsection 84 (3).  2007, c. 5, s. 10. Notice needed (4) The chief of police or board, as the case may be, shall not impose the penalties of dismissal or demotion under subsection (1) or (2) unless the notice of hearing or a subsequent notice served on the chief of police, deputy chief of police or other police officer indicated that they might be imposed if the complaint were proved on clear and convincing evidence.  2007, c. 5, s. 10. Calculation of penalties (5) Penalties imposed under clauses (1) (d), (e) and (f) and (2) (d), (e) and (f) shall be calculated in terms of days if the chief of police, deputy chief of police or other police officer normally works eight hours a day or less and in terms of hours if he or she normally works more than eight hours a day.  2007, c. 5, s. 10. Same (6) If a penalty is imposed under clause (1) (e) or (2) (e), the chief of police, deputy chief of police or other police officer, as the case may be, may elect to satisfy the penalty by working without pay or by applying the penalty to his or her vacation or overtime credits or entitlements.  2007, c. 5, s. 10. Additional powers (7) In addition to or instead of a penalty described in subsection (1) or (2), the chief of police or board, as the case may be, may under subsection 84 (1) or (2), (a) reprimand the chief of police, deputy chief of police or other police officer; (b) direct that the chief of police, deputy chief of police or other police officer undergo specified counselling, treatment or training; (c) direct that the chief of police, deputy chief of police or other police officer participate in a specified program or activity; (d) take any combination of actions described in clauses (a), (b) and (c).  2007, c. 5, s. 10. Notice of decision (8) The chief of police or board, as the case may be, shall promptly give written notice of any penalty imposed or action taken under subsection (1), (2), (3) or (7), with reasons, (a) to the chief of police, deputy chief of police or other police officer who is the subject of the complaint; (b) in the case of a penalty imposed or action taken by a municipal chief of police, to the board; and (c) in the case of a penalty imposed or action taken in respect of a complaint made by a member of the public, to the complainant.  2007, c. 5, s. 10. Employment record (9) The chief of police or board, as the case may be, may cause an entry concerning the matter, the action taken and the reply of the chief of police, deputy chief of police or other police officer against whom the action is taken, to be made in his or her employment record, but no reference to the allegations of the complaint or the hearing shall be made in the employment record, and the matter shall not be taken into account for any purpose relating to his or her employment unless, (a) misconduct as defined in section 80 or unsatisfactory work performance is proved on clear and convincing evidence; or (b) the chief of police, deputy chief of police or other police officer resigns before the matter is finally disposed of.  2007, c. 5, s. 10. Restriction on employment (10) No person who is dismissed under section 84, or who resigns following a direction under section 84, may be employed as a member of a police force unless five years have passed since the dismissal or resignation.  2007, c. 5, s. 10; 2009, c. 33, Sched. 2, s. 60 (2). Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10
- 19/10/2009 2009, c. 33, Sched. 2, s. 60 (2) - 15/12/2009