The applicant police association applied under section 116 of the Police Services Act to determine whether seven individuals in five positions (Licencing Enforcement Officer, Licencing Clerk, Board Clerk, Confidential Board Secretary, and Board Manager) were members of the police force.
The Commission held that the board's power to contract under section 30(1) allows it to directly employ individuals for clerical, secretarial, and administrative functions relating to its governance duties.
Therefore, the Board Clerk and Confidential Secretary are not members of the police force.
However, by-law enforcement functions must be performed by members of the police force under the operational direction of the chief of police.
Thus, the Licencing Enforcement Officers and Licencing Clerk must be members of the police force, and the Board Manager must also be a member unless the by-law enforcement responsibilities are divested.