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Definition
of Peace Officer:
The definition of Peace
Officer follows that of Section 2 of the Criminal Code of Canada, but includes
only those officer's whose principle employment is in law enforcement. Peace Officer includes:
- sheriff,
deputy sheriff, sheriff's officer,
- a
member of the Correctional Service of Canada who is designated as a peace
officer pursuant to Part I of the Corrections and Conditional Release Act, and
a warden, deputy warden, instructor, keeper, jailer, guard and any other
officer permanent employee of a prison other than a penitentiary as defined in
Part I of the Corrections and Conditional Release Act,
- a
police officer, police constable, constable, or other person employed for the
preservation and maintenance of the public peace or for the service or
execution of civil process,
- an
officer or a person having the powers of a customs or excise officer when
performing any duty in the administration of the Customs Act or the Excise Act,
- a
person designated as a fishery guardian under the Fisheries Act when performing
any duties or functions under that Act and a person designated as a fishery
officer under the Fisheries Act when performing any duties or functions under
that Act or the Coastal Fisheries Protection Act,
- officers
and non-commissioned members of the Canadian Forces who are:
- appointed for the purposes of section 156 of the
National Defence Act, or
Section 156 of National Defence Act (NDA): Such
officers and non-commissioned members as are appointed under regulations for
the purposes of this section may:
- detain
or arrest without a warrant any person who is subject to the Code of Service
Discipline, regardless of the rank or status of that person, who has committed,
is found committing, is believed on reasonable grounds to have committed a
service offence or who is charged with having committed a service offence;
- exercise
such other powers for carrying out the Code of Service Discipline as are
prescribed in regulation made by the Governor in Council.
- employed on duties that the Governor in Council,
in regulations made under the National Defence Act for the Purposes of this
paragraph, has prescribed to be of such a kind as to necessitate that the
officers and non-commissioned members performing them have the powers of peace
officers;
- in relation to (f) (i) and (f) (ii), the
definition of peace officer is made in reference to those members of the
Canadian Armed Forces who are employed as Military Police and perform as such
on Canadian soil, bases, and detachments.
It does not pertain to Military Police when performing their duties as
soldiers during military exercises, or during an act of war or peace keeping.
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