27.01

Once a year, upon written request, the Commissioner or the Commissioner’s designee shall grant a member permission to examine the member’s own personnel file at the location where it is maintained.

If it is determined, upon the basis of evidence supplied by the member, that any material contained in the file is incorrect, such material shall be corrected accordingly.

An employee shall be permitted to examine their file during off duty hours and shall do so at their own personal expense.

27.02

The employer agrees to remove from a member’s personnel file the following items provided the member’s personnel file has been clear of similar documentation/offences/convictions for an equivalent, previous period of time as specifically noted below:

(a) all negative documentation and admonishments or informal discipline penalties two (2) years after the date of the last noted incident;

(b) all records of any criminal and/or provincial offence in which there was a withdrawal or dismissal of the charges against the member;

(c) all records of any provincial offence conviction five (5) years after the date of conviction;

(d) all records of any criminal offence conviction five (5) years after the date of conviction where there was a conditional or absolute discharge;

(e) all records of any discipline conviction under the Community Safety and Policing Act five (5) years after the last discipline conviction (after all appeal procedures have been exhausted), provided no other entries have been made with respect to discipline or public complaints and provided the confirmed penalty does not exceed the forfeiture of forty (40) hours pay or leave, or forty (40) hours suspension without pay.

27.03

Notwithstanding 27.02, the Commissioner has the discretion to maintain discipline records for a longer or shorter period of time on an exceptional basis.

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