69 (1) The board shall review every complaint referred to it by the Independent Police Review Director under subsection 61 (8).  2007, c. 5, s. 10. Investigation by Independent Police Review Director (2) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Independent Police Review Director to cause the complaint to be investigated and the investigation to be reported on in a written report.  2007, c. 5, s. 10. Same (3) The board shall pay the costs of an investigation conducted under subsection (2).  2007, c. 5, s. 10. Notice, no action taken (4) If at the conclusion of the review the board is of the opinion that the conduct of the chief of police or deputy chief of police who is the subject of the complaint is not of a type described in subsection (2), the board shall take no action in response to the complaint and shall notify the complainant, the chief of police or deputy chief of police and the Independent Police Review Director in writing of the decision, with reasons.  2007, c. 5, s. 10. Unsubstantiated complaint (5) If at the conclusion of the investigation of a complaint under subsection (2) the Independent Police Review Director is of the opinion that the complaint is unsubstantiated, he or she shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the complainant and the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report.  2007, c. 5, s. 10. Matter referred to board (6) If at the conclusion of the investigation the Independent Police Review Director believes on reasonable grounds that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board.  2007, c. 5, s. 10. Same (7) If the Independent Police Review Director is of the opinion that the conduct of the chief of police or deputy chief of police constitutes misconduct or unsatisfactory work performance that is not of a serious nature, he or she, in referring the matter to the board under subsection (6), shall so indicate.  2007, c. 5, s. 10. Board or Commission to hold hearing (8) Subject to subsection (9), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing.  2007, c. 5, s. 10. Informal resolution (9) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police and the complainant consent to the proposed resolution.  2007, c. 5, s. 10. Consent of chief, deputy chief or complainant (10) A chief of police or deputy chief of police or a complainant who consents to a proposed resolution under subsection (9) may revoke the consent by notifying the board in writing of the revocation no later than 12 business days after the day on which the consent is given.  2007, c. 5, s. 10. Notice (11) If a chief of police or deputy chief of police and a complainant consent to the informal resolution of a matter and the consent is not revoked by the chief of police, deputy chief of police or complainant within the period referred to in subsection (10), the board shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require.  2007, c. 5, s. 10. Disposition without a hearing (12) If consent to the informal resolution of a matter is not given or is revoked under subsection (10), the following rules apply: 1. The board shall provide the chief of police or deputy chief of police with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing. 2. Subject to paragraph 3, the board may impose on the chief of police or deputy chief of police a penalty described in clause 85 (2) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the chief of police’s or deputy chief of police’s reply to be made in his or her employment record. 3. If the chief of police or deputy chief of police refuses to accept the penalty imposed or action taken, the board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing, under subsection (8).  2007, c. 5, s. 10. Notice (13) The board shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (12).  2007, c. 5, s. 10. Employment record expunged (14) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (12) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.  2007, c. 5, s. 10. Agreement (15) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (8).  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2002, c. 18, Sched. N, s. 66 - 26/11/2002 2006, c. 21, Sched. C, s. 130 (3, 4) - 01/05/2007 2007, c. 5, s. 10 - 19/10/2009 CTS 20 AU 14 - 1