PERSONAS
QUE
HACEN

An integrated approach to law enforcement is necessary within geographical boundaries dependant on the level of service being delivered. In order to facilitate cooperation and integration, a memorandum of understanding (MOU) between the authorized employer and police service (detachment) of jurisdiction is required. This will ensure that the necessary information/interaction links are established that will see overall service to Albertans being improved by combined efforts in the law enforcement community.

The intent of the MOU is to assist in clearly defining the role of peace officers and coordinating peace officer services with police services. The MOU is an eligibility requirement under the Peace Officer Act and regulations to apply for an employer’s authorization. Specifically, entering into an MOU is a condition of an employer obtaining and maintaining their authorization.

The POMR details, in general terms, the minimum strategies that must form part of any MOU that will be approved by the minister. Those strategies are found in Section 17 of the POMR and are listed as follows:

i. The term of the memorandum of understanding must be for five years unless:

 the parties agree on another period of time, or

 the memorandum of understanding is terminated in accordance with its terms.

ii. A provision for termination of the agreement during its term by either party giving written notice to the other party and to the minister.

iii. Communication generally between representatives of the authorized employer, peace officers and the police service and specific communication protocols including:

 identification of liaison and contact persons and the manner and time at which they will communicate and meet;

 information exchange between peace officers and the police service;

 radio communication between peace officers and the police service.

iv. The training of peace officers by the police service or the training of the police service by peace officers, if any is agreed to be provided.

v. The respective roles and responsibilities and the cooperation and coordination of services of peace officers and the police service.

Attached in Appendixes U and V are two templates for use that have been reviewed by police services in Alberta, as well as stakeholders. One MOU is provided for provincial agencies and the other for municipal stakeholders.

Authorized employers should be aware that other templates have not been reviewed or considered by the police agencies. Should an authorized employer wish to craft a document meeting the requirements of the Act that deviates substantially from the document found in Appendixes U and V, they will be responsible for engaging with their police service of jurisdiction to bring that process to conclusion. The Minister must approve any MOUs as per the Regulations, whether they follow the suggested template or are created otherwise.

Amendments to MOUs may be made at any time with the approval of the agencies involved and the Minister. Submissions of amendments must be made in writing to the Public Security Division.

If a situation occurs in which the Minister believes that either party has violated an MOU the Minister may terminate the MOU by giving written notice to the parties involved. The Minister and the Public Security Division will then engage with both parties to resolve outstanding issues.

(a) Exemptions from Memorandum of Understanding Requirement

The Minister may exempt any authorized employer from entering into an MOU. The Minister has exempted the following categories of peace officers:

i. Out of province police/peace officer authorized under Section 3 of the POMR. ii. Level 2 community peace officers.

The Minister may consider further exemptions based on a well researched business plan showing that an MOU would be unable to further enhance the services of the authorized employer to the clients/community it serves or if the ability of the authorized employer to enter into an MOU poses an insurmountable challenge.

(b) Major/Serious Incidents that must be Reported to the Police Service under the Terms of an MOU

Section 4(B)(1)(b) of the draft MOU found in Appendixes U and V indicates that the authorized employer must provide information on major/serious incidents to the police service of jurisdiction as defined in program policy. Please find the following list of situations that meet this definition, but is not restrictive, should an authorized employer deem any other situation as major or serious:

i. Use of a firearm in circumstances in which it was discharged at a person.

ii. Any incident in which a peace officer was involved that included serious injury or the death of any person. This does not include circumstances where the peace officer provided traffic control for the police at a fatal or serious motor vehicle collision.

iii. Any incident in which a peace officer encountered a situation where a weapon was used, or threatened to be used, in a criminal manner.

iv. Any situation in which it can reasonably be determined that the authorized employer or its employees obtained information relating to a criminal occurrence that may be of interest to the police service of jurisdiction.