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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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