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Ministère de la Sécurité publique

By-law respecting police personnel records of the Sûreté du Québec and municipal police forces

Updated to 1 September 2009

  1. Definitions: In this By-law, unless the context indicates otherwise, the following words and expressions mean:
    • «candidate»: every person who applies for employment as a policeman;
    • «Commission»: the Commission de police du Québec;
    • «council»: the council of a municipal corporation or of the Communauté urbaine de Montréal, the executive committee of the Communauté urbaine de Montréal constituted under the Act respecting the Communauté urbaine de Montréal (R.S.Q., c. C-37.2) as well as a municipal council acting for 2 or more municipalities having jointly established a municipal police force within the meaning of section 73 of the Act;
    • «municipal police force»: a police force established by a municipality as well as the Police Department of the Communauté urbaine de Montréal created by section 187 of the Act respecting the Communauté urbaine de Montréal;
    • «director»: the director of a municipal police force;
    • «Director General»: the Director General of the Police Force;
    • police training institution»: the Institut de police du Québec or a police school approved by the Government in accordance with section 94 of the Act;
    • Act»: the Police Act (R.S.Q., c. P-13);
    • «policeman»: a member of the Police Force, a cadet of the Police Force, a municipal policeman and a municipal cadet;
    • «Police Force»: the Sûreté du Québec constituted under section 38 of the Act. 

R.R.Q., 1981, c. P-13, r. 1, s. 1; S.Q., 1982, c. 18, s. 183.

  1. Obligation to keep records: The Police Force and every municipal police force must establish and keep the police personnel records and forms prescribed in section 3.

R.R.Q., 1981, c. P-13, r. 1, s. 2.

  1.   Content of record: The record of each policeman must contain:

    • application form: the application form completed by the candidate;
    • birth certificate: the candidate's birth certificate;
    • photographs: one photograph of the policeman in uniform and one photograph of the policeman in civilian clothes. These photographs must be replaced every 5 years;
    • fingerprints: the candidate's fingerprint sheet checked with the Royal Canadian Mounted Police;
    • certificate of studies: the marks, certificates, diplomas or attestations showing the candidate's educational level at the time of engagement; the marks and certificate obtained in the basic training course at a police training institution; the marks, certificates, diplomas or attestations obtained while in service, in particular those obtained in refresher training, specialization or retraining courses;
    • medical record: the results of the medical examination made at the time of engagement and the results of the medical reports on sickness or injury suffered while in service;
    • tests or examinations: the results of the tests or examinations taken by the candidate as an eligibility requirement for a municipal police force or the Police Force. In addition, the record must contain the results of all other qualifying tests for functions or promotions, where applicable;
    • interview: the interview report and recommendation of the selection committee, where applicable, at the time of engagement; also the reports on the interview held at the time of a transfer or promotion, where applicable;
    • release: a copy of the deed of appointment or of the resolution of a council deciding on an engagement and, where applicable, a copy of the deed or resolution of a council deciding on dismissal, retirement or accepting a resignation, as the case may be;
    • swearing in: a copy of the oath of allegiance and office and of the oath of secrecy in accordance with the form in Schedules A and B of the Act;
    • career advancement: a document showing the functions performed and the length of time during which they were performed since the candidate was engaged; the document also mentions, where applicable, the promotions obtained and the date of appointment to such promotions. In the case of a promotion, the record of each policeman must contain a copy of the order in council, of the deed issued by the Director General or the resolution of the council, as the case may be, attesting confirming the appointment;
    • investigation form: the investigation form respecting the candidate's past history, completed before engagement;
    • assessment report: the assessment report of the police training school;
    • probationary period evaluation report: the candidate's evaluation report during his probationary period;
    • occupational behaviour rating: the periodic or annual ratings on the policeman's behaviour at work;
    • merit sheet: a sheet containing all appreciation reports, rewards, decorations and citations;
    • disciplinary sheet: a report on all disciplinary measures taken against the policeman including the nature of the offence and the disciplinary sanction imposed after final decision as well as a certified copy of a report by the Commission ruling on the question of censure of a policeman;
    • attendance: the policeman's attendance record.

R.R.Q., 1981, c. P-13, r. 3, a. 3.

  1. Withdrawal of documents: The documents referred to in paragraph q of section 3 may, at the request of the policeman concerned, be withdrawn from the record as soon as 5 years have elapsed following a disciplinary measure. The documents referred to in paragraph r of section 3 may be withdrawn from the record after a lapse of 2 years.

R.R.Q., 1981, c. P-13, r. 1, a. 4.

  1. Originals or copies: The documents listed in section 3 and filed in each policeman's record must be originals or copies certified by the director or Director General, where applicable.

R.R.Q., 1981, c. P-13, r. 1, a. 5.

  1. Restrictions: The record of a policeman already serving on 5 April 1978 must be completed by means of the documents already in the employer's possession.

R.R.Q., 1981, c. P-13, r. 1, a. 6.

R.R.Q., 1981, c. P-13, r. 1