Royal Canadian Mounted Police Act

Contents

1Short title#

This Act may be cited as the Royal Canadian Mounted Police Act.^note

2Definitions#

(1)In this Act,

appropriate officer [Repealed, 2013, c. 18, s. 2]

child means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of eighteen years; (enfant)

Code of Conduct means the regulations made pursuant to section 38; (code de déontologie)

Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1); (Commission)

Commission Chairman [Repealed, 2013, c. 18, s. 2]

Commissioner means the Commissioner of the Royal Canadian Mounted Police; (commissaire)

Committee means the Royal Canadian Mounted Police External Review Committee established by section 25; (Comité)

Committee Chairman [Repealed, 2013, c. 18, s. 2]

conduct authority, in respect of a member, means a person designated under subsection (3) in respect of the member; (autorité disciplinaire)

Force means the Royal Canadian Mounted Police; (Gendarmerie)

guardian means, in respect of a child, any person, other than a parent of the child, who is under a legal duty to provide for the child or who has, in law or in fact, the custody or control of the child; (tuteur)

member means any person who has been appointed under section 5 or subsection 6(3) or (4) or 7(1) and who is employed with the Force; (membre)

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

officer means a member appointed under section 5 or subsection 6(3) or (4); (officier)

proceedings, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII or VII.2. (procédure)

representative means a person who is representing or assisting a member or a conduct authority under section 47.1. (représentant)

(2)The rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules shall be known as Commissioner’s standing orders.

(3)The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act.

Part I · Constitution and Organization

Composition of Force

3Police Force for Canada#

There shall continue to be a police force for Canada, which shall consist of officers and other members and be known as the Royal Canadian Mounted Police.^note

4Employment of Force#

The Force may be employed in such places within or outside Canada as the Governor in Council prescribes.^note

Commissioner

5Appointment#

(1)The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, to hold office during pleasure, who, under the direction of the Minister, has the control and management of the Force and all matters connected with the Force.

(2)The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.4(5) and 45.41(10).

^note

Officers and Members

6Other officers#

(1)The officers of the Force, in addition to the Commissioner, shall consist of

(a)Deputy Commissioners,

(b)Assistant Commissioners,

(c)Chief Superintendents,

(d)Superintendents,

(e)Inspectors,

(f)[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 3] (repealed)

and such other ranks as are prescribed by the Governor in Council.

(2)The maximum number of officers in each rank shall be as prescribed by the Treasury Board.

(3)The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure.

(4)The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner.

(5)The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner.

^note

6.1Commanding Officers#

(1)The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure.

(2)The Minister’s recommendation is to be made on the recommendation of the Commissioner.

(3)In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval.

(4)An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason.

^note

7Appointment and designation#

(1)The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member other than an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy.

(2)The ranks and levels of members other than officers and the maximum numbers of persons that may be appointed to each rank and level shall be as prescribed by the Treasury Board.

(3) to (5)[Repealed, 2013, c. 18, s. 8] (repealed)

^note

8Duration of appointment#

(1)The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period.

(2)A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3).

(3)The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1).

^note

9 #

[Repealed, 2013, c. 18, s. 9] (repealed)

Qualifications

9.1Qualifications#

(1)Subject to subsection (2), no person shall be appointed to be a member unless that person is a Canadian citizen, is of good character and has the necessary physical qualities and, in the case of a member other than an officer, that person meets such other qualifications for appointment to the Force as the Commissioner may, by rule, prescribe.

(2)When no person who meets the qualifications described in subsection (1) is available for appointment as a member, any person who is not a Canadian citizen but meets the other qualifications described in that subsection that are applicable to that person may be appointed to be a member.

^note

Revocation

9.2Revocation of appointment#

The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank or level, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.^note

Probation

9.3Probationary period#

(1)A person appointed as a member is on probation for a period established by rules of the Commissioner.

(2)A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period.

^note

9.4Discharge#

(1)While a member is on probation, the Commissioner may discharge the member by notifying the member that the member will be discharged at the end of the notice period established by rules of the Commissioner. The member ceases to be a member at the end of that notice period.

(2)Instead of giving the notice referred to in subsection (1), the Commissioner may notify the member that the member is discharged on the date specified by the Commissioner and that the member will be paid an amount equal to the salary the member would have been paid during the notice period referred to in subsection (1). The member ceases to be a member at that specified date.

^note

Resignation

9.5Resignation#

A member may resign from the Force by giving the Commissioner notice in writing of their intention to resign, and the member ceases to be a member on the date specified by the Commissioner in writing on accepting the resignation.^note

Supernumerary Special Constables

9.6Appointment#

(1)The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary to the strength of the Force for the purpose of maintaining law and order.

(2)The Commissioner may at any time revoke the appointment of any supernumerary special constable.

(3)Supernumerary special constables are not entitled to any pecuniary privileges or benefits under this Act.

^note

Civilian Staff

10Appointment or employment#

The civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act.^note

Reserve

11Establishment#

(1)The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of persons as reservists and for defining their powers, duties and functions.

(2)Except as provided by the regulations made under subsection (1), this Act does not apply to reservists.

(3)Despite subsection 3(3) of the Royal Canadian Mounted Police Superannuation Act, for the purposes of that Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a reservist is not deemed to be employed in the public service, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act.

Peace Officers

11.1Officers#

(1)Every officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer ceases to be an officer.

(2)The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1), any person appointed as a reservist under the regulations and any other person who is under the Commissioner’s jurisdiction as a peace officer.

(3)Every person designated under subsection (2) has the same powers, authority, protection and privileges as officers under subsection (1) until the person’s designation expires or is revoked or the designated person ceases to be a member, supernumerary special constable or reservist, or a person under the Commissioner’s jurisdiction, as the case may be.

^note

Certificates

11.2Certificates#

(1)The Commissioner may issue

(a)a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is a peace officer; and

(b)a certificate to any other person under the Commissioner’s jurisdiction stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection 11.1(2).

(2)Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.

^note

Suspension

12Suspension#

Every member who has contravened, is found contravening or is suspected of contravening any provision of the Code of Conduct or of an Act of Parliament, or of the legislature of a province, may be suspended from duty by the Commissioner.^note

12.1 #

[Repealed, 2013, c. 18, s. 11] (repealed)

Headquarters

13Headquarters#

The headquarters of the Force and the offices of the Commissioner shall be at Ottawa.^note

Oaths

14Oaths#

(1)Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in the schedule.

(2)The oaths prescribed by subsection (1), and any other oath or declaration that may be necessary or required, may be taken by the Commissioner before any judge, provincial court judge or justice of the peace having jurisdiction in any part of Canada, and by any other member before the Commissioner or any officer or person having authority to administer oaths or take and receive affidavits.

^note

Absence of Commissioner

15Authority where Commissioner absent#

(1)In the event that the Commissioner is absent or unable to act or the office is vacant, the senior Deputy Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Deputy Commissioner may exercise all the powers of the Commissioner under this Act or any other Act.

(2)In the event that the Commissioner and all the Deputy Commissioners are absent or unable to act or the offices are vacant, the senior Assistant Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Assistant Commissioner may exercise all of the powers of the Commissioner under this Act or any other Act.

^note

16 #

[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 9] (repealed)

17 #

[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 10] (repealed)

Duties

18Duties#

It is the duty of members who are peace officers, subject to the orders of the Commissioner,

(a)to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime and of offences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension of criminals and offenders and others who may be lawfully taken into custody;

(b)to execute all warrants, and perform all duties and services in relation thereto, that may, under this Act or the laws of Canada or the laws in force in any province, be lawfully executed and performed by peace officers;

(c)to perform all duties that may be lawfully performed by peace officers in relation to the escort and conveyance of convicts and other persons in custody to or from any courts, places of punishment or confinement, asylums or other places; and

(d)to perform such other duties and functions as are prescribed by the Governor in Council or the Commissioner.

^note

19 #

[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11] (repealed)

20Arrangements with provinces#

(1)The Minister may, with the approval of the Governor in Council, enter into an arrangement with the government of any province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the province and in carrying into effect the laws in force therein.

(2)The Minister may, with the approval of the Governor in Council and the lieutenant governor in council of any province, enter into an arrangement with any municipality in the province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the municipality and in carrying into effect the laws in force therein.

(3)The Minister may, with the approval of the Treasury Board, in any arrangement made under subsection (1) or (2), agree on and determine the amount of money to be paid by the province or municipality for the services of the Force.

(4)There may be included in any arrangement made under subsection (1) or (2) provision for the taking over by the Force of officers and other members of any provincial or municipal police force.

(5)The Minister shall cause to be laid before Parliament a copy of every arrangement made under subsection (1) or (2) within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

^note

Human Resource Management

20.1Treasury Board’s powers#

In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act,

(a)determine categories of members; and

(b)establish policies or issue directives respecting the exercise of the powers granted to the Commissioner by paragraphs 20.2(1)(h) and (i) and the reporting by the Commissioner in respect of the exercise of those powers.

^note

20.2Commissioner’s powers#

(1)The Commissioner may

(a)determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out;

(b)provide for the awards to be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

(c)require a member to undergo a medical examination or an assessment by a qualified person specified by the Commissioner for the purpose of establishing the member’s ability to perform their duties or to participate in conduct related proceedings, other than a hearing initiated under subsection 41(1);

(d)recommend the discharge of any Deputy Commissioner whose performance, in the opinion of the Commissioner, is unsatisfactory;

(e)discharge or demote any member, other than a Deputy Commissioner, whose performance, in the Commissioner’s opinion, is unsatisfactory;

(f)recommend the discharge of any Deputy Commissioner for reasons other than a contravention of any provision of the Code of Conduct;

(g)discharge or demote any member, other than a Deputy Commissioner, for reasons other than a contravention of any provision of the Code of Conduct;

(h)recommend the discharge of any Deputy Commissioner to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;

(i)discharge any member, other than a Deputy Commissioner, to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;

(j)recommend the discharge of any Deputy Commissioner for the promotion of economy and efficiency in the Force;

(k)discharge any member, other than a Deputy Commissioner, for the promotion of economy and efficiency in the Force; and

(l)establish procedures to investigate and resolve disputes relating to alleged harassment by a member.

(2)The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause.

(3)Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1).

(4)Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction.

^note

Regulations and Rules

21Regulations#

(1)The Governor in Council may make regulations

(a)respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l);

(b)for the organization, conduct, performance of duties, discipline, efficiency, administration or good government of the Force;

(b.1)respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated;

(b.2)respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed;

(b.3)respecting the period during which records relating to investigations and proceedings under Part IV are to be retained;

(b.4)respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and

(c)generally, for carrying the purposes and provisions of this Act into effect.

(2)Subject to the provisions of this Act and the regulations, the Commissioner may make rules

(a)prescribing a probationary period for the purposes of subsection 9.3(1);

(b)respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision;

(c)prescribing a notice period for the purposes of subsection 9.4(1);

(d)respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members;

(e)respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l);

(f)respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j);

(g)respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k);

(h)defining standardized test for the purposes of subsection 31(4.1);

(i)respecting the performance by members of their duties;

(j)establishing basic requirements for the carrying on of a member’s duties as a member;

(k)respecting the conduct of members;

(l)respecting the designation of persons to be conduct authorities; and

(m)respecting the organization, efficiency or administration or good government of the Force.

Pay and Allowances

22Pay and allowances#

(1)The Treasury Board shall establish the pay and allowances to be paid to members.

(1.1)Where, pursuant to this Act, a member is demoted, the rate of pay of that member shall be reduced to the highest rate of pay for the rank or level to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

(2)The Commissioner may direct that a member’s pay and allowances be stopped if

(a)the Commissioner is of the opinion that the member

(i)is unable to perform their duties as the result of the loss of a basic requirement, as set out in the rules, for the carrying out of a member’s duties,

(ii)is absent from duty without authorization, or

(iii)has left any assigned duty without authorization;

(b)the Commissioner has suspended the member from duty under section 12; or

(c)the member is a Deputy Commissioner who is the subject of a recommendation made under paragraph 20.2(1)(d), (f), (h) or (j).

(3)For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment.

^note

Benefit Trust Fund

23Fees, gifts, etc., payable to Fund#

(1)All

(a)fees, costs, remuneration or commissions, other than pay and allowances under section 22, and

(b)gifts, awards and bequests, if money or converted into money, other than gifts or rewards under subsection (3),

earned by or awarded, paid or granted to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force, unless the Minister directs otherwise.

(2)Notwithstanding any other Act, all pay forfeited under this Act and the proceeds of all forfeitures and seizures awarded or adjudged to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force.

(3)The money paid to the Benefit Trust Fund pursuant to this section shall be used

(a)for the benefit of members and former members and their dependants;

(b)as a reward, grant or compensation to any person who assists the Force in the performance of its duties in any case where the Minister is of the opinion that the person is deserving of recognition for the service rendered;

(c)as a reward to any person appointed or employed under the authority of this Act for good conduct or meritorious service; and

(d)for such other objects for the benefit of the Force as the Minister may direct.

(4)The Governor in Council may make regulations governing the management and disposition by loan, grant or otherwise of any money paid to the Benefit Trust Fund pursuant to this section.

^note

Disposition of Property

24Abandoned or lost property#

Where it appears to the Commissioner

(a)that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it, or

(b)that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found,

the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund.^note

Boards of Inquiry

24.1Board of Inquiry#

(1)The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act.

(1.1)For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

(2)Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on.

(3)A board of inquiry has, in relation to the matter before it, power

(a)to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter;

(b)to administer oaths;

(c)to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law; and

(d)to make such examination of records and such inquiries as the board deems necessary.

(4)Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations before the board.

(5)A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative.

(6)Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation

(a)subject to subsection (7), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

(b)any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.65(2);

(c)any answer or statement made in response to a question described in subsection (7) before any other board of inquiry appointed under this section; or

(d)any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII or VII.2.

(7)In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(8)If the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(9)Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private.

(10)Notwithstanding subsection (9),

(a)while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and

(b)when authorized by a board of inquiry, a member may attend a hearing before the board as an observer for the purpose of familiarizing the member with procedures under this section.

(11)Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report.

^note

Part II · Royal Canadian Mounted Police External Review Committee

Establishment and Organization of Committee

25Committee established#

(1)There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairperson, a Vice-chairperson and not more than three other members, to be appointed by order of the Governor in Council.

(2)The Committee Chairperson is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee.

(3)Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council.

(4)A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office.

(5)No member of the Force is eligible to be appointed or to continue as a member of the Committee.

(6)Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council.

(7)Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council.

(8)Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee.

(9)The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

^note

26Committee Chairperson#

(1)The Committee Chairperson is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee.

(2)In the event of the absence or incapacity of the Committee Chairperson or if the office of Committee Chairperson is vacant, the Minister may authorize the Vice-chairperson to exercise the powers and perform the duties and functions of the Committee Chairperson.

(3)The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30.

^note

27Head office#

(1)The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate.

(2)Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act.

(3)The Committee may, with the approval of the Treasury Board,

(a)engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Committee to advise and assist the Committee in the exercise or performance of its powers, duties and functions under this Act; and

(b)fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).

^note

Duties

28Duties of Committee#

(1)The Committee shall carry out such functions and duties as are assigned to it by this Act.

(2)The Committee Chairperson shall carry out such functions and duties as are assigned to the Committee Chairperson by this Act.

^note

28.1Service standards respecting time limits#

The Committee shall establish, and make public, service standards respecting the time limits within which it is to deal with grievances and appeal cases that are referred to it and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.^note

Rules

29Rules#

Subject to the provisions of this Act and the regulations, the Committee may make rules respecting

(a)the sittings of the Committee;

(b)the manner of dealing with matters and business before the Committee generally, including the practice and procedure before the Committee;

(c)the apportionment of the work of the Committee among its members and the assignment of members to review grievances or cases referred to the Committee; and

(d)the performance of the duties and functions of the Committee under this Act generally.

^note

Annual Report

30Annual report#

(1)The Committee Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

(2)The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1.

^note

Part III · Grievances

Interpretation

30.1Former members#

Every reference in this Part to a member includes a former member for the purposes of any provision respecting a grievance in relation to a discharge from the Force.^note

Conflict Management

30.2Informal conflict management system#

Subject to any policies established or directives issued by the Treasury Board, the Commissioner shall establish an informal conflict management system and inform the members of its availability.^note

Presentation of Grievances

31Member’s right#

(1)Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

(1.01)A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

(1.1)A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act.

(1.2)Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value.

(1.3)A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

(1.4)For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

(2)A grievance under this Part must be presented

(a)at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and

(b)at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance.

(3)No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part.

(4)Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it.

(4.1)A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person.

(4.2)In this section, standardized test has the meaning assigned by rules established by the Commissioner.

(5)No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance.

(6)As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision.

(7)The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person.

^note

32Final level in grievance process#

(1)The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding.

(2)The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

(3)Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

(4)The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33.

(5)A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them.

^note

Reference to Committee

33Reference to Committee#

(1)Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

(2)Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee.

(3)Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of

(a)the written submissions made at each level in the grievance process by the member presenting the grievance;

(b)the decisions rendered at each level in the grievance process in respect of the grievance; and

(c)the written or documentary information under the control of the Force and relevant to the grievance.

(4)The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

^note

34Review by Committee Chairperson#

(1)The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33.

(2)Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

(3)Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may

(a)prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or

(b)institute a hearing to inquire into the grievance.

(4)Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

^note

35Committee#

(1)For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

(2)The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

(3)Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

(4)The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

(5)The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

(6)The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

(7)Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

(8)In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(9)If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(10)A hearing shall be held in private, except that

(a)while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

(b)when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section.

(11)Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

(12)Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

(13)On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

(14)In this section, parties means

(a)in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33;

(b)in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and

(c)in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal.

^note

Rules

36Rules#

Subject to the provisions of this Act and the regulations, the Commissioner may make rules governing the presentation and consideration of grievances under this Part, including rules

(a)prescribing persons under the Commissioner’s jurisdiction or classes of such persons to constitute the levels in the grievance process; and

(b)specifying, for the purpose of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating to the grievance.

^note

Recommendation for Deputy Commissioner’s Discharge

36.1Recommendation for Deputy Commissioner’s discharge#

If the Commissioner recommends under paragraph 20.2(1)(d), (f), (h) or (j) that a Deputy Commissioner is to be discharged from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which a grievance may be presented under this Part. If a grievance is presented, the recommendation is to be forwarded only if the grievance is denied at the final level.^note

Part IV · Conduct

Purposes of Part

36.2Purposes#

The purposes of this Part are

(a)to establish the responsibilities of members;

(b)to provide for the establishment of a Code of Conduct that emphasizes the importance of maintaining the public trust and reinforces the high standard of conduct expected of members;

(c)to ensure that members are responsible and accountable for the promotion and maintenance of good conduct in the Force;

(d)to establish a framework for dealing with contraventions of provisions of the Code of Conduct, in a fair and consistent manner, at the most appropriate level of the Force; and

(e)to provide, in relation to the contravention of any provision of the Code of Conduct, for the imposition of conduct measures that are proportionate to the nature and circumstances of the contravention and, where appropriate, that are educative and remedial rather than punitive.

^note

Responsibilities

37Responsibilities#

It is the responsibility of every member

(a)to respect the rights of all persons;

(b)to maintain the integrity of the law, law enforcement and the administration of justice;

(c)to perform the member’s duties promptly, impartially and diligently, in accordance with the law and without abusing the member’s authority;

(d)to avoid any actual, apparent or potential conflict of interests;

(e)to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue;

(f)to be incorruptible, never accepting or seeking special privilege in the performance of the member’s duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member’s duties;

(g)to act at all times in a courteous, respectful and honourable manner; and

(h)to maintain the honour of the Force and its principles and purposes.

^note

Code of Conduct

38Code of Conduct#

The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members.^note

39Contravention of Code of Conduct#

(1)Every member who is alleged to have contravened a provision of the Code of Conduct may be dealt with under this Act either in or outside Canada,

(a)whether or not the alleged contravention took place in or outside Canada; and

(b)whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence.

(2)Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court.

^note

Investigation

39.1Rules — conduct measures#

The Commissioner shall make rules

(a)establishing the conduct measures, other than dismissal or recommendation for dismissal, that may be taken in respect of contraventions of provisions of the Code of Conduct and specifying which of those conduct measures may be imposed by any class of conduct authorities; and

(b)governing appeals under this Part, including rules

(i)prescribing the time within which an appeal may be made and providing for extensions of that time, and

(ii)respecting the practice and procedure for the appeals.

^note

39.2Rules — investigations#

The Commissioner may make rules

(a)respecting the investigation of contraventions of provisions of the Code of Conduct; and

(b)respecting the exercise of the conduct authorities’ powers under subsection 42(1).

^note

40Investigation#

(1)If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct, the conduct authority shall make or cause to be made any investigation that the conduct authority considers necessary to enable the conduct authority to determine whether the member has contravened or is contravening the provision.

(2)In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the person conducting the investigation on the grounds that the answer to the question may tend to criminate the member or subject the member to any criminal, civil or administrative action or proceeding.

(3)No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative action or proceeding, other than a proceeding under this Part regarding an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

^note

40.1Definitions#

The following definitions apply in sections 40.2 to 40.8.

document means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. (document)

justice has the meaning assigned by section 2 of the Criminal Code. (juge de paix)

night has the meaning assigned by section 2 of the Criminal Code. (nuit)

person has the meaning assigned by section 2 of the Criminal Code. (personne)

^note

40.2Authority to issue warrant#

(1)On ex parte application that has been approved by an officer designated by the Commissioner for the purposes of this section, a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any receptacle or place not under the control of the Force anything that will afford evidence with respect to the contravention of a provision of the Code of Conduct.

(2)The application must indicate whether or not the place is a dwelling-house.

(3)The warrant may authorize a peace officer, and any other individual named in the warrant, to enter and search the place and to seize anything specified in the warrant, subject to any conditions specified in the warrant.

(4)A warrant may be issued under this section by telephone or other means of telecommunication on application submitted by a peace officer by one of those means and section 487.1 of the Criminal Code applies for that purpose with any modifications that the circumstances require.

(5)A warrant issued under this section shall be executed by day, unless

(a)the justice is satisfied that there are reasonable grounds for it to be executed by night;

(b)the reasonable grounds are included in the information; and

(c)the warrant authorizes that it be executed by night.

(6)A person authorized under this section to search a computer system in a place for data may

(a)use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

(b)reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

(c)seize the print-out or other output for examination or copying; and

(d)use or cause to be used any copying equipment at the place to make copies of the data.

(7)A person who seizes a thing under this section shall give a receipt to the person from whom the thing was seized and shall as soon as feasible, make a report of the seizure to a justice.

(8)If a report of the seizure is made to the justice, the justice shall,

(a)if the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the person having custody of the thing seized satisfies the justice that the detention of the thing seized is required for the purposes of any proceeding under this Part; or

(b)if the person having custody of the thing seized satisfies the justice that the thing seized should be detained, order that it be detained in the Force’s care until the conclusion of the proceedings.

(9)On application by the person from whom a thing was seized and on three clear days notice to the Commissioner, a justice may make an order for the release of the thing to the person if the justice is satisfied that the thing is no longer necessary for the purposes of the investigation or any proceeding under this Part arising from the investigation.

(10)A thing seized under this section may be stored in the place where it was seized or it may, at the discretion of a peace officer, be removed to any other place for storage.

^note

40.3Production order#

(1)On ex parte application, a justice may order a person to produce to a peace officer named in the order a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document that contains data that is in their possession or control at that time.

(2)Before making the order, the justice must be satisfied by information on oath that there are reasonable grounds to believe that the document will afford evidence with respect to the contravention of a provision of the Code of Conduct.

(3)An order shall not be made under subsection (1) requiring a member who is under investigation for an alleged contravention of a provision of the Code of Conduct to produce a document or to prepare and produce a document that relates to that alleged contravention.

^note

40.4Conditions#

(1)An order made under subsection 40.3(1) may contain any conditions that the justice considers appropriate including conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

(2)The order has effect throughout Canada.

(3)On ex parte application made by a peace officer, the justice who made the order may, on the basis of an information on oath, revoke or vary the order. The peace officer shall give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

^note

40.5Particulars — production orders#

An order made under subsection 40.3(1) shall require a person to produce the document to a peace officer named in the order within the time, at the place and in the form specified in the order.^note

40.6Probative force of copies#

Every copy of a document produced under subsection 40.3(1) is admissible in evidence in proceedings under this Part on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.^note

40.7Application for exemption#

(1)A person named in an order made under subsection 40.3(1) may, before the order expires, apply in writing to the justice who issued the order, or to any other justice, for an exemption from the requirement to produce or to prepare and produce any document.

(2)A person may only make the application if they give notice of their intention to do so to the peace officer named in the order to whom the document is to be produced within 15 days after the day on which the order is made.

(3)The execution of the order is suspended until a final decision is made in respect of the application.

(4)The justice may grant the exemption if the justice is satisfied that

(a)the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law;

(b)it is unreasonable to require the applicant to produce the document, data or information; or

(c)the document, data or information is not in the possession or control of the applicant.

^note

40.8Self-incrimination#

No one is excused from complying with an order made under subsection 40.3(1) on the grounds that the document that they are required to produce may tend to criminate them or subject them to any criminal, civil or administrative action or proceeding. However, a document that an individual is required to prepare shall not be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137 of the Criminal Code.^note

41Notice to designated officer#

(1)If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are insufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority shall initiate a hearing into the alleged contravention by notifying the officer designated by the Commissioner for the purpose of this section of the alleged contravention.

(2)A hearing shall not be initiated by a conduct authority in respect of an alleged contravention of a provision of the Code of Conduct by a member after the expiry of one year from the time the contravention and the identity of that member as the one who is alleged to have committed the contravention became known to the conduct authority that investigated the contravention or caused it to be investigated.

^note

42Conduct authority’s powers#

(1)If a conduct authority in respect of a member is satisfied, on a balance of probabilities, that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are sufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority may impose any one or more of those conduct measures against the member.

(2)Conduct measures shall not be imposed under subsection (1) in respect of the contravention after the expiry of one year from the time the contravention and the identity of that member became known to the conduct authority that investigated the contravention or caused it to be investigated.

^note

Conduct Boards

43Appointment#

(1)On being notified under subsection 41(1) of an alleged contravention of a provision of the Code of Conduct by a member, the officer designated for the purpose of that subsection shall, subject to the regulations, appoint one or more persons as members of a conduct board to decide whether the member contravened the provision.

(2)As soon as feasible after making the appointment or appointments, the conduct authority who initiated the hearing shall serve the member with a notice in writing informing the member that a conduct board is to determine whether the member contravened a provision of the Code of Conduct.

(3)The notice may allege more than one contravention of any provision of the Code of Conduct and is to contain

(a)a separate statement of each alleged contravention;

(b)a statement of the particulars of the act or omission constituting each alleged contravention;

(c)the names of the members of the conduct board; and

(d)a statement of the member’s right to object to the appointment of any person as a member of the conduct board as provided in section 44.

(4)The statement of particulars contained in the notice is to contain sufficient details, including, if practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to identify each contravention in order that the member may prepare a response and direct it to the occasion and events indicated in the notice.

44Objection to appointment#

(1)Within seven days after the day on which a member is served with a notice under subsection 43(2), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any person as a member of the conduct board, and the designated officer shall, on receiving the objection, decide whether to reject the objection or to allow the objection and appoint another person as a member of the board.

(2)The objection must contain reasons for the objection.

(3)After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons for it, and, if the objection is allowed, the designated officer shall

(a)appoint another person as a new member of the conduct board; and

(b)set out in the notice

(i)the name of the other person, and

(ii)a statement of the member’s right to object to the appointment of the other person as provided in this section.

(4)The provisions of this section apply, with any modifications that the circumstances require, with respect to the appointment of a person under subsection (3) as though the notice setting out the name of the person were a notice referred to in subsection (1).

^note

45Role of conduct board#

(1)The role of the conduct board is to decide whether or not each allegation of a contravention of a provision of the Code of Conduct contained in the notice served under subsection 43(2) is established on a balance of probabilities.

(2)A conduct board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c).

(3)The conduct board’s decision must be recorded in writing and include a statement of the conduct board’s findings on questions of fact material to the decision, reasons for the decision and a statement of the conduct measure, if any, imposed under subsection (4).

(4)If a conduct board decides that an allegation of a contravention of a provision of the Code of Conduct by a member is established, the conduct board shall impose any one or more of the following conduct measures on the member, namely,

(a)recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner,

(b)direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, or

(c)one or more of the conduct measures provided for in the rules.

^note

Hearing

45.1Parties#

(1)The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing.

(2)The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion

(a)that information, the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities, will likely be disclosed during the course of the hearing;

(b)that information, the disclosure of which could reasonably be expected to be injurious to law enforcement, will likely be disclosed during the course of the hearing;

(c)that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; or

(d)that it is otherwise required by the circumstances of the case.

(3)The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative.

(4)Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

(5)In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

(6)If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(7)The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way:

(a)information that could identify a complainant, a witness or a person under the age of 18; and

(b)information disclosed during any part of the hearing held in camera.

(8)The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules.

(9)If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member.

^note

Appeal

45.11Appeal to Commissioner — conduct board’s decision#

(1)A member who is the subject of a conduct board’s decision or the conduct authority who initiated the hearing by the conduct board that made the decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

(a)any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established or not established; or

(b)any conduct measure imposed in consequence of a finding referred to in paragraph (a).

(2)Every reference in subsection (1) to a member includes a former member for the purposes of any appeal with respect to a dismissal from the Force.

(3)A member who is the subject of a conduct authority’s decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

(a)any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established; or

(b)any conduct measure imposed in consequence of a finding that an allegation referred to in paragraph (a) is established.

(4)An appeal lies to the Commissioner on any ground of appeal.

^note

45.12 #

[Repealed, 2013, c. 18, s. 29] (repealed)

45.13 #

[Repealed, 2013, c. 18, s. 29] (repealed)

45.14 #

[Repealed, 2013, c. 18, s. 29] (repealed)

45.15Referral to Committee#

(1)If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee:

(a)a financial penalty of more than one day of the member’s pay;

(b)a demotion;

(c)a direction to resign;

(d)a recommendation for dismissal; or

(e)a dismissal.

(2)[Repealed, 2013, c. 18, s. 30] (repealed)

(3)Notwithstanding subsection (1), the member whose case is appealed to the Commissioner may request the Commissioner not to refer the case to the Committee and, on such a request, the Commissioner may either not refer the case to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the case to the Committee.

(4)[Repealed, 2013, c. 18, s. 30] (repealed)

(5)Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33.

^note

45.16Disposal of appeal against conduct board’s finding#

(1)The Commissioner may dispose of an appeal in respect of a conduct board’s finding by

(a)dismissing the appeal and confirming the finding being appealed; or

(b)allowing the appeal and either ordering a new hearing into the allegation giving rise to the finding or making the finding that, in the Commissioner’s opinion, the conduct board should have made.

(2)The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by

(a)dismissing the appeal and confirming the finding being appealed; or

(b)allowing the appeal and making the finding that, in the Commissioner’s opinion, the conduct authority should have made.

(3)The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by

(a)dismissing the appeal and confirming the conduct measure; or

(b)allowing the appeal and either rescinding the conduct measure or, subject to subsection (4) or (5), imposing another conduct measure.

(4)If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules.

(5)If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner.

(6)If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.

(7)The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision.

(8)If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

(9)A Commissioner’s decision on an appeal is final and binding.

(10)Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.11 on the presentation to the Commissioner of new facts or if, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

(11)The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction.

(12)A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them.

^note

45.17Recommendation for Deputy Commissioner’s dismissal#

If a conduct board recommends under paragraph 45(4)(a) that a Deputy Commissioner is to be dismissed from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which an appeal may be made under subsection 45.11(1). If an appeal is made, the recommendation is to be forwarded only if the appeal is dismissed.^note

Notice

45.171Notice to complainant and Commission#

If an individual makes a complaint under subsection 45.53(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.^note

45.172Notice to person making representations#

If representations have been received by the Force from a person who was given an opportunity to do so under subsection 45.57(1) in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.^note

45.173Notice to Chairperson#

If the Chairperson of the Commission initiates a complaint under subsection 45.59(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.^note

Part V · Management Advisory Board

45.18Establishment#

(1)The Management Advisory Board is established.

(2)The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to

(a)the development and implementation of transformation and modernization plans;

(b)the effective and efficient use of resources;

(c)the actions to be taken to reduce corporate risks;

(d)the development and implementation of policies and management controls that support the operation of the Force;

(e)the development and implementation of corporate and strategic plans; and

(f)the development and implementation of operating and capital budgets.

(2.1)In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.

(3)The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner.

^note

45.19Appointment of members#

(1)The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister.

(2)Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1).

(2.1)When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate.

(3)The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

(4)The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson.

(5)If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval.

(6)If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval.

(7)Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada.

(8)A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person

(a)is a member or other person appointed or employed under the authority of Part I;

(b)is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

(c)is a public office holder as defined in subsection 2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board;

(d)is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or

(e)is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member.

(9)The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council.

(10)The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence.

(11)The members of the Management Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

^note

45.2Meetings#

(1)The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year.

(2)One meeting in each fiscal quarter of each fiscal year must be in person.

(3)Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.

(4)The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings.

^note

45.21Administrative matters#

The Management Advisory Board may

(a)set its own priorities and develop its own work plans;

(b)establish procedures governing the carrying out of its work; and

(c)determine the quorum for its meetings.

^note

45.22Right of access to information#

(1)Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate.

(2)The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if

(a)the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence;

(b)the information reveals personal information; or

(c)the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act.

^note

45.23No waiver#

For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy.^note

45.24Statistical and analytical reports#

The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate.^note

45.25 #

[Repealed, 2013, c. 18, s. 33] (repealed)

45.26 #

[Repealed, 2013, c. 18, s. 33] (repealed)

45.27 #

[Repealed, 2013, c. 18, s. 33] (repealed)

45.28 #

[Repealed, 2013, c. 18, s. 33] (repealed)

Part VI · Civilian Review and Complaints Commission For the Royal Canadian Mounted Police

Establishment and Organization

45.29Establishment#

(1)The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council.

(2)A person is not eligible to be a member of the Commission if that person

(a)is a member or former member; or

(b)is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

(3)The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission.

(4)A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

^note

45.3Full- or part-time#

(1)The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.

(2)Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.

(3)Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

(4)Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

(5)The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

(6)Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

^note

45.31Chairperson#

(1)The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.

(2)The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3).

(3)In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council.

^note

45.32Head office#

(1)The head office of the Commission shall be in Ottawa.

(2)The Commission may establish an office in any region of Canada.

(3)The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.

(4)The Commission may, with the approval of the Treasury Board,

(a)engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and

(b)fix and pay the remuneration and expenses of persons engaged under paragraph (a).

^note

Powers, Duties and Functions

45.33Powers, duties and functions of Commission#

The Commission shall exercise or perform the powers, duties and functions that are assigned to it by this Act.^note

45.34Review and report#

(1)For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review.

(2)In order to conduct a review on its own initiative, the Commission shall be satisfied that

(a)sufficient resources exist for conducting the review and the handling of complaints under Part VII will not be compromised; and

(b)no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity.

(3)Before conducting a review on its own initiative, the Commission shall give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (2) have been met and setting out the rationale for conducting the review.

(4)The Commission shall include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force.

(5)The Commission may provide a copy of the report to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20.

^note

45.35Review for province#

(1)If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the Force in that province.

(2)If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for the review and the Commissioner with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province.

(3)The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding

(a)whether the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force; and

(b)the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force.

^note

45.351National security#

(1)The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

(2)The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency.

^note

45.36Powers#

(1)The Commission has, when conducting a review under section 45.34 or 45.35, all of the powers of the Commission under paragraphs 45.65(1)(a) to (d).

(2)Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).

^note

45.37Service standards respecting time limits#

The Commission shall establish, and make public, service standards respecting the time limits within which it is to deal with complaints and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.^note

45.38Education and information#

The Commission may implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.^note

Information Provisions

45.39Right of access#

(1)Subject to sections 45.4 and 45.42, the Commission is entitled to have access to any information under the control, or in the possession, of the Force that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under Parts VI and VII.

(2)The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.

(3)If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.4(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner shall identify the information to the Commission when providing the Commission with access to the information.

(4)Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

^note

45.4Definition of privileged information#

(1)In this section and sections 45.41 to 45.48, privileged information means information that is subject to any type of privilege that exists and may be claimed, including

(a)information that is protected by the privilege that exists between legal counsel and their client or that is subject to informer privilege;

(b)information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;

(c)[Repealed, 2013, c. 29, s. 23] (repealed)

(d)special operational information as defined in subsection 8(1) of the Foreign Interference and Security of Information Act;

(e)information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Foreign Interference and Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and

(f)medical information about a member or other person appointed or employed under the authority of Part I.

(2)Despite any privilege that exists and may be claimed, the Commission is entitled to have access to privileged information under the control, or in the possession, of the Force if that information is relevant and necessary to the matter before the Commission when it is conducting a review under section 45.34 or 45.35 or is conducting an investigation, review or hearing under Part VII.

(3)The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record.

(4)If the Commissioner refuses access to privileged information sought by the Commission under this section, the Commissioner shall, without disclosing the privileged information,

(a)indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and

(b)provide the Commission with information about the nature and date of the privileged information.

(5)The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information.

(6)The Governor in Council may make regulations respecting procedures that govern the Commission’s access to privileged information under this section and procedures to protect that information.

(7)Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under subsection (6), applies despite any other Act of Parliament.

^note

45.41Former judge or other individual#

(1)If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.45(1)(a).

(2)The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.

(3)The former judge or other individual shall have access to privileged information for the purposes of the review.

(4)The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson and the Commissioner

(a)regarding the privileged nature of the information; and

(b)regarding the relevance and necessity of the information to the matter before the Commission.

(5)The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4).

(6)The former judge or other individual shall, before making any observations, consider the following factors:

(a)the reasons for which the Commission is seeking access to the information;

(b)the Commissioner’s reasons for refusing access to the information; and

(c)whether the Commission can properly exercise its powers or perform its duties and functions without access to the information.

(7)The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits.

(8)The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister.

(9)Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission.

(10)After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account.

(11)An application for judicial review shall not be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations.

(12)The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1).

^note

45.42Exceptions#

(1)Despite section 45.4, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals

(a)information relating to a request made by a member or other person appointed or employed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;

(b)communications referred to in subsection 47.1(2);

(c)information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

(d)information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s dealings with the Commission, including

(i)legal opinions relating to the way in which the Force should conduct itself in regard to the Commission, and

(ii)minutes of meetings held by the Force relating to the way in which the Force should conduct itself in regard to the Commission; and

(e)any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the Force and containing analysis or advice relating to the meeting.

(2)Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.

^note

45.43Use of privileged information#

If the Commission obtains access to privileged information in respect of a matter under subsection 45.4(2), the Commission may use that information only in respect of that matter.^note

45.44Protection of information#

(1)The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

(2)Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner.

(3)The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.

(4)The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

(5)In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.

(6)Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4).

^note

45.45Security requirements#

(1)Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.41(1) shall

(a)obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;

(b)comply with all security requirements under this Part and the Foreign Interference and Security of Information Act; and

(c)follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

(2)The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a).

^note

45.46Safeguards — third party#

(1)The Commission shall not disclose information referred to in subsection 45.39(3) that it has received from the Force to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Commissioner advises the Commission that he or she is satisfied that

(a)the person or entity will take reasonable measures to protect that information;

(b)the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 45.45; and

(c)the person or entity has agreed to any measures that would assist the Force to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Force to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Force.

(2)When the Commission indicates to the Commissioner that it wishes to disclose information referred to in subsection 45.39(3) to a person or entity other than a member, employee or officer of the Commission or a person acting on its behalf, the Commissioner shall, as soon as feasible, indicate to the Commission whether he or she is satisfied that the person or entity has met the requirements of paragraphs (1)(a) and (b) and has agreed to the measures referred to in paragraph (1)(c).

(3)The Governor in Council may make regulations respecting the disclosure by the Commission of information referred to in subsection 45.39(3) to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information.

(4)Every person who has received information under this section shall comply with the regulations made under subsection (3).

^note

45.47Disclosure by Commission prohibited#

(1)Except as authorized under subsection (2), no member, officer or employee of the Commission or other person acting on its behalf shall provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.4(2) or being reckless as to whether the information is such privileged information.

(2)Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information

(a)to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament;

(b)to the Minister other than in an annual report referred to in section 45.52;

(c)to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under this Act; and

(d)to a former judge or other individual for the purposes of section 45.41.

(3)A member, officer or employee of the Commission or other person acting on its behalf shall not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.4(2).

(4)Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act.

(5)This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

^note

45.48Disclosure by former judge or other individual prohibited#

A former judge or other individual appointed under subsection 45.41(1) shall not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.41(3) or being reckless as to whether the information is such privileged information.^note

Rules

45.49Rules#

(1)Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

(a)the sittings of the Commission;

(b)the fixing of the quorum for the performance of its duties and functions;

(c)the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;

(d)the apportionment of the Commission’s work among its members; and

(e)the performance of the duties and functions of the Commission under this Act generally.

(2)A copy of each rule that the Commission proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it.

(3)A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

^note

Immunity

45.5Protection#

(1)No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act.

(2)A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Foreign Interference and Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

^note

Reporting

45.51Special reports#

(1)The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report concerning any matter that relates to its powers, duties and functions under this Act.

(2)When the Commission provides the report to the Minister, section 45.43 and subsection 45.44(2) do not apply in respect of any information referred to in subsection 45.39(3) or to privileged information, as defined in subsection 45.4(1), set out in the report.

^note

45.52Annual report#

(1)The Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission during that year and its recommendations, if any. The Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.

(2)The Commission shall, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province and how those complaints were disposed of and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner.

(3)Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37.

^note

Part VII · Investigation, Review and Hearing of Complaints

Complaints

45.53Complaints#

(1)Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I.

(2)The Commission may refuse to deal with the complaint if, in the Commission’s opinion, the complaint

(a)has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament;

(b)is trivial, frivolous, vexatious or made in bad faith; or

(c)is from an individual who

(i)is not an individual at whom the conduct was directed,

(ii)is not the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed,

(iii)did not see or hear the conduct or its effects as a result of not being physically present at the time and place that the conduct or its effects occurred,

(iv)has not been given written permission to make the complaint from the individual at whom the conduct was directed, or

(v)has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct.

(3)The Commission shall refuse to deal with a complaint concerning any decision under Part IV.

(4)The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

(4.1)The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency.

(4.2)The Commission shall notify the Commissioner if it refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral.

(5)The complaint shall be made within one year after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (6).

(6)The Commission or the Commissioner may extend the time limit for making a complaint if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

(7)If a complaint is made more than one year after the day on which the conduct is alleged to have occurred and the Commissioner does not extend the time limit for the making of the complaint, the Commissioner shall so notify the complainant and the Commission.

(8)A complaint shall be made to

(a)the Commission;

(b)any member or other person appointed or employed under Part I; or

(c)the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

(9)The Commission shall, on the request of an individual who wishes to make a complaint, arrange for the provision of assistance to that individual in making the complaint.

(10)As soon as feasible after a person or entity referred to in subsection (8) receives a complaint, the person or entity shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Commissioner and to the entities referred to in paragraphs (8)(a) and (c).

(11)The Commission and the Force are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which may not be inferred, information concerning

(a)whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; or

(b)the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence.

^note

45.54Notice#

As soon as feasible after being notified of a complaint, the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.^note

Withdrawal of Complaints

45.55Withdrawal#

(1)A complainant may withdraw a complaint at any time by sending a written notice to the Commission.

(2)The Commission shall, on the request of an individual who wishes to withdraw a complaint, arrange for the provision of assistance to that individual in withdrawing the complaint.

(3)As soon as feasible after the Commission receives a notice that a complaint has been withdrawn, the Commission shall give written notice of the withdrawal to the Commissioner and the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

(4)When the Commissioner receives a notice under subsection (3), he or she shall notify in writing the member or other person whose conduct is the subject matter of the complaint that the complaint has been withdrawn.

(5)Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

(6)The Commissioner shall ensure the protection and preservation of any evidence relating to a withdrawn complaint.

(7)The Governor in Council may make regulations respecting the period during which the evidence is to be protected and preserved.

^note

Informal Resolution

45.56Informal resolution#

(1)As soon as feasible after being notified of a complaint, the Commissioner shall consider whether the complaint can be resolved informally and, with the consent of the complainant and the member or other person whose conduct is the subject matter of the complaint, may attempt to resolve it informally.

(2)An answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the member or other person whose conduct is the subject matter of the complaint, may be used or received against that person only in

(a)a prosecution under section 132 or 136 of the Criminal Code; or

(b)a civil or administrative proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(3)The terms of every informal resolution of a complaint as well as the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to those terms shall be signified in writing. A copy of everything so signified in writing is to be provided to the Commission.

(4)The Governor in Council may make regulations prescribing the categories of complaints that are not to be resolved informally by the Commissioner.

(5)For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized.

^note

Representations

45.57Right to make representations#

(1)If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact on the person:

(a)the complainant;

(b)the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed; and

(c)the individual who has written permission to make the representations from the individual at whom the conduct was directed.

(2)Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV.

(3)The Governor in Council may make regulations respecting the making of representations under subsection (1).

^note

45.58Records of complaints#

(1)The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant.

(2)Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1).

^note

Chairperson-initiated Complaints

45.59Complaints initiated by Chairperson#

(1)If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I, the Chairperson may initiate a complaint in relation to that conduct.

(2)Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1), a reference to the Chairperson.

(3)The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1).

(4)Immediately after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.

^note

Investigation of Complaints by the Force

45.6Investigation by the Force#

(1)Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part.

(2)The Force shall not commence or continue an investigation of a complaint if the Commission has notified the Commissioner that it will investigate that complaint or institute a hearing to inquire into that complaint.

^note

45.61Right to refuse or terminate investigation#

(1)The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’s opinion,

(a)any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) or subsection 45.53(3) applies; or

(b)having regard to all the circumstances, it is not necessary or reasonably practicable to commence or continue an investigation of the complaint.

(2)The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

(3)If the Commissioner directs the Force to not commence or continue an investigation of a complaint, the Commissioner shall give notice in writing to the complainant and the member or other person whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after being notified of the decision, if the complainant is not satisfied with the decision.

(4)The Commissioner shall notify the Commission of any action he or she takes under this section.

^note

45.62Rules#

The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.^note

45.63Updates with respect to the investigation#

The Commissioner shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.^note

45.64Report#

As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complainant, the member or other person whose conduct is the subject matter of the complaint and the Commission a report setting out

(a)a summary of the complaint;

(b)the findings of the investigation;

(c)a summary of any action that has been or will be taken with respect to the disposition of the complaint; and

(d)the complainant’s right to refer the complaint to the Commission for review, within 60 days after receiving the report, if the complainant is not satisfied with the disposition of the complaint.

^note

Powers of the Commission in Relation to Complaints

45.65Powers#

(1)The Commission may, in relation to a complaint before it,

(a)in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;

(b)administer oaths;

(c)receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and

(d)make any examination of records and any inquiries that the Commission considers necessary.

(2)No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.

(3)Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

(a)a prosecution under section 132 or 136 of the Criminal Code; or

(b)a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.

(4)Despite subsection (1), the Commission shall not receive or accept

(a)any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5);

(b)any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or

(c)any answer or statement made in the course of attempting to dispose of a complaint under section 45.56.

(5)Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2).

(6)Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.

^note

Investigation by the Commission

45.66Complaints#

(1)After receiving or being notified of a complaint made under this Part, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.

(2)The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section.

^note

45.67Right to terminate investigation#

(1)The Commission may decide to discontinue an investigation of a complaint if, in the Commission’s opinion,

(a)any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) applies; or

(b)having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.

(2)The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies.

(2.1)The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.

(3)Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.

(3.1)If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant.

(4)After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1).

^note

45.68Consolidation of complaints#

The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation, review or hearing.^note

45.69Updates with respect to investigation#

The Commission shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Commission’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.^note

Referral of Complaints to Commission

45.7Referral to Commission#

(1)A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review.

(2)The Commission may extend the time limit for referring a complaint to the Commission for review if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

(3)If a complainant refers a complaint to the Commission under subsection (1),

(a)the Commission shall notify the Commissioner that the complaint has been referred to the Commission; and

(b)the Commissioner shall provide the Commission with a copy of the notice given under subsection 45.61(3) or the report sent under section 45.64.

^note

45.71Review by Commission#

(1)The Commission shall review every complaint referred to it under section 45.7.

(2)If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s decision or report, the Commission shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

(3)If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s decision or report or considers that further inquiry is warranted, the Commission may

(a)prepare and send to the Minister and the Commissioner a report in writing setting out any findings it sees fit with respect to the Commissioner’s decision or report and any recommendations it sees fit with respect to the complaint;

(b)request that the Commissioner direct the Force to investigate or further investigate the complaint; or

(c)investigate or further investigate the complaint or institute a hearing to inquire into the complaint.

^note

45.72Commissioner’s response#

(1)The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.

(2)After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.

^note

Hearings

45.73Hearing#

(1)If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

(2)For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.

(3)In this section, parties means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of the complaint and the complainant.

(4)The Commission shall serve a notice in writing of the time and place set for the hearing on the parties.

(5)The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission.

(6)A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion

(a)that information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities will likely be disclosed during the course of the hearing;

(b)that information that could reasonably be expected to be injurious to law enforcement will likely be disclosed during the course of the hearing;

(d)that information that could reasonably be expected to reveal privileged information, as defined in subsection 45.4(1), will likely be disclosed during the course of the hearing; or

(e)that it is otherwise required by the circumstances of the case.

(7)The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.

(8)The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel.

(9)The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person.

(10)If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel.

(11)If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.

^note

Suspension and Joint Proceedings

45.74Duty to suspend#

(1)The Commission shall suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing criminal investigation or proceeding.

(2)The Commission shall suspend an investigation, review or hearing with respect to a complaint if it is requested to do so in writing by the Commissioner. The Commissioner may make the request only if, in the Commissioner’s opinion, the investigation, review or hearing would compromise or seriously hinder an ongoing criminal investigation or proceeding, and the Commissioner shall set out the reasons for his or her opinion in the request.

(3)The Commission may suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding.

^note

45.75Joint investigation, review or hearing#

(1)If a complaint concerns the conduct of a member or other person appointed or employed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.

(2)The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).

^note

Reports Following Investigation or Hearing

45.76Interim report#

(1)On completion of an investigation or a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit.

(2)The Commissioner shall, as soon as feasible, provide the Chairperson and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.

(3)After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.

^note

45.77Final and conclusive#

All of the findings and recommendations that are contained in the Commission’s final report under subsection 45.72(2) or 45.76(3) are final and are not subject to appeal to or review by any court.^note

45.78Return of documents and things#

Any document or thing that a person produced to the Force or the Commission shall, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report.^note

Part VII.1 · Serious Incidents

45.79Definitions#

(1)The following definitions apply in this Part.

designated authority, with respect to a province, means the person, body or authority that is designated by the lieutenant governor in council of that province under subsection (2). (autorité désignée)

investigative body means a provincial entity, other than a police force, whose authority includes the power to investigate a serious incident for the purpose of determining whether an offence under federal or provincial law has occurred. (organisme d’enquête)

serious incident means an incident in which the actions of a member or other person appointed or employed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act

(a)may have resulted in serious injury to, or the death of, any person; or

(b)may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated by an investigative body or by a police force other than the Force:

(i)the Minister,

(ii)the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred if there is an arrangement between the government of that province and the Minister under section 20, or

(iii)the Commissioner. (incident grave)

serious injury means a prescribed physical or psychological injury. (blessure grave)

(2)The lieutenant governor in council of a province may designate any person, body or authority as the designated authority for that province for the purposes of this Part and Part VII.2.

(3)The Governor in Council may, by regulation, prescribe physical or psychological injuries for the purposes of the definition serious injury in subsection (1).

^note

45.8Notification#

The Commissioner shall, as soon as feasible, notify the designated authority for a province of a serious incident that is alleged to have occurred in that province.^note

45.81Duty to consider investigative body#

(1)If there is an investigative body in the province in which the serious incident is alleged to have occurred, the designated authority for that province shall first consider appointing that investigative body to investigate the serious incident.

(2)If there is no investigative body or, after consideration, the designated authority does not appoint one, the designated authority may appoint a police force to investigate the serious incident.

(3)If the designated authority appoints an investigative body or police force to investigate the serious incident, the Force shall, as soon as feasible, refer the investigation of the serious incident to that investigative body or police force.

^note

45.82Request to police force#

(1)If there is no designated authority for a province or the designated authority for a province notifies the Force that no investigative body or police force will be appointed to investigate the serious incident, the Force shall, as soon as feasible, request an investigative body or a police force to investigate it having taken into account the available expertise and resources of that investigative body or police force.

(2)If the investigative body, or the police force that receives the request, notifies the Force that it will not investigate the serious incident and the Force does not consider any other investigative body or police force to be appropriate to receive such a request, the Force shall, as soon as feasible,

(a)notify the Commission that it will investigate the serious incident; and

(b)investigate the serious incident.

(3)The Force shall make reasonable efforts under this section to identify an investigative body or police force to investigate the serious incident and shall keep a written record of the efforts made.

(4)The Commissioner shall provide the Chairperson with a report outlining the efforts made by the Force under subsection (3).

^note

45.83Observer — investigation by another police force#

(1)If a police force is appointed under subsection 45.81(2) — or accepts, following a request made under subsection 45.82(1) — to investigate a serious incident and no observer is appointed by a designated authority,

(a)the Commissioner shall, as soon as feasible, notify the Commission of the serious incident; and

(b)the Commission may, with the agreement of the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred, appoint an observer to assess the impartiality of the investigation.

(2)If the Force investigates a serious incident, the Force shall permit an observer appointed by a designated authority or by the Commission under subsection (3) to assess the impartiality of the investigation.

(3)If the Force investigates a serious incident and no observer is appointed by a designated authority, the Commission may appoint an observer to assess the impartiality of the investigation conducted by the Force.

(4)If no observer is appointed to an investigation of a serious incident under subsection (2) or (3), the Commissioner shall provide the Chairperson with a report that sets out all measures that have been or will be taken by the Force to ensure the impartiality of the investigation.

(5)An observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 45.5(1).

(6)Despite subsection 45.5(2) but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part.

^note

45.84Recommendations#

If an observer has concerns with the impartiality of an investigation, the observer may inform the Force or the other police force, as the case may be, of his or her concerns and may make any recommendations to the Force or the other police force that he or she considers appropriate to address the concerns.^note

45.85Report#

(1)The observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson and the Commissioner and, if the investigation was carried out by a police force other than the Force, to the chief of police of that force.

(2)If the observer’s report identifies concerns with respect to the impartiality of an investigation, the Commissioner or, if the investigation was carried out by a police force other than the Force, the chief of police of that force, shall provide to the Chairperson a written response to the observer’s report that includes a description of what actions have or will be taken by the Force or the police force, as the case may be, to address those concerns.

(3)If the Chairperson is not satisfied with a response of the Commissioner or chief of police, the Chairperson shall issue a report to that effect to the Attorney General for the province in which the incident is alleged to have occurred and to the provincial minister who has the primary responsibility for policing in that province.

(4)The Chairperson shall provide a copy of any report issued under subsection (3) to the Minister.

^note

45.86Information subject to privilege#

Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 45.4(1), and an observer shall not use or disclose that information if it is disclosed.^note

45.87Regulations#

The Governor in Council may make regulations

(a)respecting the criteria and procedures for the appointment of an observer under subsection 45.83(1) or (3);

(b)respecting the scope of an observer’s role;

(c)respecting an observer’s reporting obligations;

(d)respecting the access to, and use of, the notes, reports or other material prepared by an observer in relation to the investigation of a serious incident;

(e)prescribing the period within which the Commissioner or chief of police is to provide a response under subsection 45.85(2); and

(f)generally for carrying out the purposes and provisions of this Part.

^note

Part VII.2 · Review of Integrated Cross-Border Law Enforcement Operations

Interpretation

45.88Definitions#

(1)The following definitions apply in this Part.

Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act. (autorité centrale)

designated authority has the same meaning as in subsection 45.79(1). (autorité désignée)

designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (agent désigné)

integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée)

investigative body has the same meaning as in subsection 45.79(1). (organisme d’enquête)

serious incident means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation

(a)may have resulted in serious injury to, or the death of, any person; or

(b)may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:

(i)the Minister,

(ii)the Central Authority, or

(iii)the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred. (incident grave)

serious injury has the same meaning as in subsection 45.79(1). (blessure grave)

(2)For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be.

(3)For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be.

^note

Purpose

45.89Purpose#

The purpose of this Part is

(a)to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations; and

(b)to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations.

^note

Application of Sections 45.34 to 45.51

45.9Application of certain provisions#

Sections 45.34 to 45.51, other than subsection 45.34(5) and section 45.35, apply in this Part, with the following modifications and the modifications that the circumstances require:

(a)a reference to this Act or the Witness Protection Program Act in subsection 45.34(1) and paragraph 45.47(2)(c) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act;

(b)a reference to the Commissioner, other than in subsection 45.4(5), is to be read as a reference to the Central Authority;

(c)a reference to the Commissioner in subsection 45.4(5) is to be read as a reference to the Commissioner acting as the Central Authority;

(d)a reference to the activities of the Force in subsection 45.34(1) is to be read as a reference to integrated cross-border operations;

(e)a reference to the operation of the Force in subsections 45.34(1) and (4) is to be read as a reference to integrated cross-border operations;

(f)a reference to section 45.35 in subsections 45.36(1) and 45.4(2) is to be read as a reference to section 45.92;

(g)a reference to the Force in subsections 45.39(1) and 45.4(2), the portion of subsection 45.42(1) before paragraph (a), subsection 45.44(2) and the portion of subsection 45.46(1) before paragraph (a) is to be read as a reference to the Force, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act;

(h)a reference to the Force in subsection 45.41(8) and paragraphs 45.42(1)(c) and (d) and 45.46(1)(c) is to be read as a reference to the Central Authority;

(i)a reference to Parts VI and VII in subsection 45.39(1) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1);

(j)a reference to a member or other person appointed or employed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;

(k)a reference to a meeting held or to be held between the Commission and the Force in paragraph 45.42(1)(e) is to be read as a reference to a meeting held or to be held with the Commission;

(l)a reference to Part VII in subsection 45.4(2) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); and

(m)the reference to section 45.52 in paragraph 45.47(2)(b) is to be read as a reference to section 45.93.

^note

Reporting

45.91Copy of report to provincial ministers#

The Commission may provide a copy of any report referred to in section 45.34 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out.^note

45.92Review for province#

(1)The provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out in that province.

(2)If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for it and the Central Authority with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province.

(3)The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding

(a)whether the integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and

(b)the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.

^note

45.93Annual report — provinces#

(1)The Commission shall, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province, how those complaints were disposed of, if applicable, and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner.

(2)Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37.

^note

Investigation, Review and Hearing of Complaints

45.94Application of certain provisions#

(1)Sections 45.53 to 45.78, other than subsection 45.57(2) and sections 45.62 and 45.75, apply in this Part with the following modifications and the modifications that the circumstances require:

(a)a reference to the Commissioner is to be read as a reference to the Central Authority;

(b)a reference to a member or other person whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint;

(c)a reference to a member or other person appointed or employed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer;

(d)a reference to Part IV in subsection 45.53(3) is to be read as a reference to Part IV or to the law of a province, of the United States or of a state of the United States that is comparable to Part IV;

(e)a reference to the Force, other than in subsection 45.53(11), section 45.6, subsections 45.61(1) to (3), paragraph 45.71(3)(b) and section 45.78, is to be read as a reference to the Central Authority;

(f)a reference to the Force in section 45.6, subsections 45.61(1) to (3) and paragraph 45.71(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint;

(g)a reference to the Force in subsection 45.53(11) and section 45.78 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint;

(h)a reference to a member or other person in subsection 45.57(1) or to a member in subsection 45.65(6) is to be read as a reference to a designated officer; and

(i)a reference to this Act or the Witness Protection Program Act in subsections 45.53(1) and 45.59(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act.

(2)Representations referred to in subsection 45.57(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint shall be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint:

(a)any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; or

(b)the person designated as the Central Authority for the United States for the purpose of implementing the Agreement as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act.

^note

45.95Joint investigations, etc.#

(1)If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.

(2)The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).

^note

45.96Rules#

The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part.^note

45.97Final reports#

The Chairperson of the Commission shall send any report referred to in subsection 45.72(2) or 45.76(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out.^note

Serious Incidents

45.98Application of certain provisions#

Sections 45.8 to 45.87 apply in this Part, with a modification in section 45.8 to read the reference to the Commissioner as a reference to the Central Authority, and with the modifications that the circumstances require.^note

45.99Notification#

When the Central Authority notifies a designated authority under section 45.8 of a serious incident, the Central Authority shall also notify the Commissioner of it.^note

45.991Notification — investigative body#

(1)If an investigation is commenced in respect of a serious incident, the Commissioner shall, as soon as feasible after that commencement, advise the Central Authority of the investigative body or the police force responsible for the investigation.

(2)If the Commissioner becomes aware that an observer has been appointed by a designated authority or the Commission to assess the impartiality of an investigation of a serious incident, the Commissioner shall, as soon as feasible after becoming aware of it, advise the Central Authority of the appointment.

(3)The Commissioner shall send to the Central Authority, as soon as feasible,

(a)any recommendations referred to in section 45.84 that the Force receives from an observer under this Part;

(b)any report referred to in subsection 45.85(1) that is provided to the Commissioner by an observer under this Part; and

(c)any response referred to in subsection 45.85(2) that the Commissioner provides under this Part.

^note

Part VIII · General

Miscellaneous Provisions having General Application

46Definition of board#

(1)In this section and sections 47 to 47.3, board means

(a)a board of inquiry appointed under section 24.1;

(b)a conduct board appointed under section 43 or 44; and

(c)the Committee, except for the purposes of subsection (4).

(1.1)In sections 47.1 to 47.3, board includes the Commission.

(2)All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit.

(3)Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court.

(4)Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act.

(5)The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4).

^note

47Immunity#

No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board.^note

47.01Immunity#

No criminal, civil or administrative action or proceeding lies against a conduct authority, or any person appointed as a member of a conduct board, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under Part IV.^note

47.1Representation#

(1)Subject to any rules made under subsection (3) a member or a conduct authority may be represented or assisted by any person in any

(a)presentation of a grievance under Part III;

(b)proceeding before a board; or

(c)appeal under subsection 45.11(1) or (3).

(2)If a member or conduct authority is represented or assisted by another person, communications passing in confidence between them in relation to the grievance, proceeding or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member or the conduct authority and their legal counsel.

(3)The Commissioner may make rules prescribing

(a)the persons or classes of person who may not represent or assist a member or conduct authority; and

(b)the circumstances in which a person may not represent or assist a member or conduct authority.

^note

47.2 #

[Repealed, 2013, c. 18, s. 37] (repealed)

47.3Legal proceedings#

Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though

(a)the proceeding were a legal proceeding; and

(b)the board were a judge, justice or other presiding officer.

^note

47.4Extensions of time limitations#

(1)If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected by the extension, extend the time limited by any of subsections 31(2), 41(2), 42(2) and 44(1), for the doing of any act described in that subsection and specify terms and conditions in connection with the extension.

(1.1)The notice shall not be given if, in the Commissioner’s opinion, giving it might compromise or hinder any investigation of an offence under an Act of Parliament.

(2)Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended.

^note

47.5Evidence not admissible#

No evidence that a conduct measure has been imposed under Part IV against a member shall be used or receivable against the member in any criminal proceedings.^note

Offences

48Bribes, etc.#

(1)Every person who

(a)[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] (repealed)

(b)makes any agreement with any member to induce the member in any way to forego the member’s duty, or

(c)concerts or connives at any act whereby any rule, order or regulation made under Part I may be evaded,

is guilty of an offence punishable on summary conviction.

(2)[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] (repealed)

^note

49Unlawful use of name of Force#

(1)Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses

(a)the name of the Force or any abbreviation thereof or any words or letters likely to be mistaken therefor,

(b)any picture or other representation of a member of the Force, or

(c)any mark, badge or insignia of the Force,

as all or any part of the name of any corporation, company, partnership or unincorporated association, in any advertising, for any business or trade purpose, or in such a way as to represent or imply that the Force uses or approves or endorses the use of any goods or services.

(2)Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction.

(3)No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.

^note

50Attendance of witnesses, etc.#

(1)Every person commits an offence punishable on summary conviction who

(a)on being duly summoned as a witness or otherwise under this Act, makes default in attending;

(b)being in attendance as a witness in any proceeding under this Act,

(i)refuses to take an oath or solemn affirmation required of that person,

(ii)refuses to produce any document or thing under that person’s control or in that person’s possession and required to be produced by that person, or

(iii)refuses to answer any question;

(c)at any proceeding under this Act uses insulting or threatening language or causes any interference or disturbance;

(d)without lawful justification or excuse, prints observations or uses words in relation to an ongoing criminal, civil or administrative action or proceeding with intent

(i)to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or

(ii)to dissuade a witness in any proceedings before an entity referred to in subparagraph (i) from testifying; or

(e)fails to comply with an order made under subsection 45.1(7).

(1.1)Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.

(2)Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.

^note

50.1Offences — harassment, obstruction, destroying documents etc.#

(1)No person shall

(a)harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part VII or VII.2;

(b)harass, intimidate or threaten

(i)an individual who makes a complaint under Part VII or VII.2,

(ii)an individual at whom the conduct that is the subject of a complaint made under any of those Parts was directed,

(iii)a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under any of those Parts, or

(iv)a person who is carrying out any power, duty or function under any of Parts VI to VII.2;

(c)wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;

(d)destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint made under Part VII or VII.2 or to a review under any of those Parts; or

(e)direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.

(2)Every person who contravenes subsection (1) commits an offence and is guilty of

(a)an indictable offence and liable to imprisonment for a term of not more than five years; or

(b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

^note

50.2Offence — failure to comply#

(1)Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(4) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

(2)No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence.

^note

50.3Offence to disclose certain information#

Every person who contravenes subsection 45.47(1) or section 45.48 or 45.86 is guilty of

(a)an indictable offence and liable to imprisonment for a term of not more than five years; or

(b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

^note

51Punishment#

Every person who is convicted of an offence under this Part, except under sections 50 to 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both.^note

52Limitation period#

Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.^note

53 #

[Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 22] (repealed)

(Section 14)

Oath of OfficeI, , solemnly swear that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Royal Canadian Mounted Police, and will well and truly obey and perform all lawful orders and instructions that I receive as such, without fear, favour or affection of or toward any person. So help me God.Oath of SecrecyI, , solemnly swear that I will not disclose or make known to any person not legally entitled thereto any knowledge or information obtained by me in the course of my employment with the Royal Canadian Mounted Police. So help me God.

Related provisions

— R.S., 1985, c. 8 (2nd Supp.), s. 25The amount standing to the credit of the fund established by section 45 of the said Act immediately before the commencement of this Act shall be credited to the Benefit Trust Fund referred to in section 23 of the said Act as amended by this Act and shall be used in the manner and for the purposes established by or pursuant to section 23 as so amended. — 2013, c. 18, s. 67Every person who was an officer of the Royal Canadian Mounted Police immediately before the coming into force of section 5, other than the Commissioner or a Deputy Commissioner of the Royal Canadian Mounted Police, is deemed to have been appointed as an officer by the Commissioner of the Royal Canadian Mounted Police. — 2013, c. 18, s. 68The provisions of Part III of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before the coming into force of sections 20 to 25, continue to apply in respect of any grievance presented under that Part before that coming into force. — 2013, c. 18, s. 69If informal disciplinary action has been taken under section 41 of the Royal Canadian Mounted Police Act before the coming into force of section 29, sections 41 and 42 of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read before that coming into force, continue to apply in respect an appeal of that action.Subsection (1) applies even if the person who is subject of the informal disciplinary action has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 70A hearing initiated under subsection 43(1) of the Royal Canadian Mounted Police Act before the coming into force of section 29 may be continued as though that section had not come into force and the provisions of that Act, as they read immediately before that coming into force, continue to apply in respect of any decision made in respect of the matter to which the hearing relates, including any appeal of that decision, except that paragraphs 45.12(3)(a) to (c) are to be read as follows:recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner;direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner;demotion if the member is not a Deputy Commissioner; orRules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 29, continue to apply in respect of any decision made in respect of the matter to which a hearing referred to in subsection (1) relates, including any appeal of that decision.If, before the coming into force of section 29, a hearing was initiated under subsection 43(1) of the Royal Canadian Mounted Police Act in respect of a member of the Royal Canadian Mounted Police who was suspended under section 12.1 of that Act, the member continues to be suspended.The provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under it, as they read immediately before the coming into force of section 29, continue to apply in respect of any suspension to which subsection (3) applies.Subsections (1) to (4) apply even if the person who is alleged to have committed the contravention to which the hearing relates has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 71Subsection 40(1) of the Royal Canadian Mounted Police Act, as enacted by section 29, also applies in respect of a contravention of a provision of the Code of Conduct committed or alleged to have been committed before the coming into force of that section 29 unlessinformal disciplinary action has been taken under section 41 of that Act in respect of the contravention before that coming into force; ora hearing has been initiated under subsection 43(1) of that Act in respect of the contravention before that coming into force.Subsection (1) applies even if the person who committed or is alleged to have committed the contravention has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 72No decision is to be made after the coming into force of section 33 in respect of a notice served under subsection 45.19(1) of the Royal Canadian Mounted Police Act before that coming into force.If a decision under section 45.23 of the Royal Canadian Mounted Police Act was made before the coming into force of section 33, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any appeal of that decision, except that subsection 45.26(2) of the Royal Canadian Mounted Police Act is to be read as follows:The Commissioner may dispose of an appeal under section 45.24 bydismissing the appeal and confirming the decision being appealed; orallowing the appeal and either ordering a new review of the case by a discharge and demotion board or making the finding that, in the Commissioner’s opinion, the discharge and demotion board should have made. — 2013, c. 18, s. 73No decision is to be made after the coming into force of section 13 in respect of a notice served under subsection 20(1) of the Royal Canadian Mounted Police Regulations, 1988 before the coming into force of that section 13.If a decision under subsection 20(9) or section 21 of the Royal Canadian Mounted Police Regulations, 1988 was made before the coming into force of section 13, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any grievance in respect of, or appeal of, that decision.Subsection (2) applies even if the person to whom the decision relates has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 74The voluntary resignation of any member of the Royal Canadian Mounted Police that had not been accepted before the coming into force of section 10 may be accepted by the Commissioner of the Royal Canadian Mounted Police or any person designated by the Commissioner and, if it is accepted, the resignation of the member is final and irrevocable on that acceptance. — 2013, c. 18, s. 75A member of the Royal Canadian Mounted Police who died before the coming into force of section 11 and who had not been discharged from the Royal Canadian Mounted Police before that coming into force is deemed to have been so discharged immediately before that coming into force. — 2013, c. 18, s. 76The following definitions apply in this section.former commission means the Royal Canadian Mounted Police Public Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as it read immediately before the coming into force of section 35. (ancienne commission)new commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as enacted by section 35. (nouvelle commission)All persons who hold office as Chairman, Vice-Chairman or member of the former commission immediately before the coming into force of section 35 cease to hold office on the day on which that section comes into force.Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former commission, except that the employee shall, on that coming into force, occupy his or her position in the new commission.In subsection (3), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former commission that, on that coming force, is unexpended is deemed, on that coming into force, to be an amount appropriated for defraying the charges and expenses of the new commission.All rights and property held by or in the name of or in trust for the former commission and all obligations and liabilities of the former commission are deemed to be rights, property, obligations and liabilities of the new Commission.Every reference to the former commission in a deed, contract or other document executed by the former commission in its own name is to be read as a reference to the new commission, unless the context requires otherwise.Any action, suit or other legal or administrative proceeding to which the former commission is a party that is pending on the coming into force of this section may be continued by or against the new commission in a similar manner and to the same extent as it would have been continued by or against the former commission.Any complaint made under 45.35 or 45.37 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII of that Act, as enacted by that section 35.If Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this subsection referred to as the “other Act”) receives royal assent and section 369 of the other Act comes into force before section 35 of this Act, any complaint made under section 45.49 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of that section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII.2 of the Royal Canadian Mounted Police Act. — 2013, c. 18, s. 86The Treasury Board may publish in the Canada Gazette a date on which every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, as that definition reads on that date, who does not form part of any category determined under section 20.1 of that Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act.Every person who is a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, who does not form part of any category determined under section 20.1 of that Act ceases to be a member, as defined in that subsection 2(1), on the date published in the Canada Gazette under subsection (1).Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (2) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1).Section 61 of the Public Service Employment Act applies to a person to whom subsection (2) applies if the person was on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1), except that time the person is on probation under that section 61 is the time the person would be on probation under that section less any amount of time the person was on probation under the Royal Canadian Mounted Police Act immediately before that date. — 2017, c. 9, s. 61The following definitions apply in this section and sections 62 to 64.former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi)member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre)reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act. — 2017, c. 9, s. 62Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect.For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress.Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress. — 2017, c. 9, s. 63If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unlessthe group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; andthe employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act,it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, andit is not certified as the bargaining agent for any other group of employees.For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect.If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect.If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. — 2017, c. 9, s. 64Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. — 2017, c. 9, s. 65As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member. — 2019, c. 29, s. 223If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.19 comes into force continues in office, as if they had been appointed under that section 45.19, for the remainder of the term for which they had been appointed.

Amendments not in force

— 2013, c. 18, ss. 8(2), (3)Subsection 7(1) of the Act is replaced by the following:The Commissioner mayappoint members of the Force other than officers;by way of promotion appoint a member other than an officer to a higher rank for which there is a vacancy in the establishment of the Force;where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; anddesignate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer.Subsection 7(2) of the Act is replaced by the following:The ranks of members other than officers and the maximum numbers of persons that may be appointed to each rank shall be as prescribed by the Treasury Board. — 2013, c. 18, s. 15(1)Subsection 22(1.1) of the Act is replaced by the following:If a member is demoted under this Act, the member’s rate of pay shall be reduced to the highest rate of pay for the rank to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion. — 2013, c. 18, ss. 77(1), (3), (4), (7) to (12), (14), (15), (19), (20)In this section, “the other Act” means the Royal Canadian Mounted Police Act.On the first day on which both subsections 8(1) and (2) of this Act are in force, subsection 7(1) of the other Act is replaced by the following:The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member, other than a Deputy Commissioner, to a higher rank, other than to the rank of Deputy Commissioner, for which there is a vacancy.On the first day on which section 9.2 of the other Act, as enacted by section 10 of this Act, and subsections 8(2) and (3) and 15(1) of this Act are all in force, that section 9.2 is replaced by the following:The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.4(1)(f) of the other Act is replaced by the following:medical information about a member or other person appointed under the authority of Part I.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(a) of the other Act is replaced by the following:information relating to a request made by a member or other person appointed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(c) of the other Act is replaced by the following:information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(1) of the other Act is replaced by the following:Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(4) of the other Act is replaced by the following:The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.53(8)(b) of the other Act is replaced by the following:any member or other person appointed under Part I; orOn the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.59(1) of the other Act is replaced by the following:If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I, the Chairperson may initiate a complaint in relation to that conduct.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.61(2) of the other Act is replaced by the following:The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under this Act or any other Act of Parliament.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.75(1) of the other Act is replaced by the following:If a complaint concerns the conduct of a member or other person appointed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, the portion of the definition serious incident in subsection 45.79(1) of the other Act before paragraph (a) is replaced by the following:serious incident means an incident in which the actions of a member or other person appointed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (incident grave) — 2013, c. 18, s. 82On the first day on which both subsections 8(2) and (3) and 15(1) of this Act are all in force and subsection 78(2) or (3) of this Act has produced its effects,paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following:a reference to a member or other person appointed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following:a reference to a member or other person appointed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer; — 2024, c. 25, s. 93The definition proceedings in subsection 2(1) of the Royal Canadian Mounted Police Act is repealed.The definition Commission in subsection 2(1) of the Act is replaced by the following:Commission means the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; (Commission) — 2024, c. 25, s. 94Subsection 5(2) of the Act is replaced by the following:The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection and the power to make rules under this Act. — 2024, c. 25, s. 96Paragraph 24.1(6)(b) of the Act is replaced by the following:any answer or statement made in response to a question described in subsection 35(8), 40(2) or 45.1(5) of this Act or subsection 50(2) of the Public Complaints and Review Commission Act; — 2024, c. 25, s. 97Sections 45.171 to 45.173 of the Act are replaced by the following:If an individual or third party makes a complaint under subsection 33(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual or third party, as the case may be, and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.If representations have been received by the RCMP from a person who was given an opportunity to do so under subsection 44(1) of the Public Complaints and Review Commission Act in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member.If the Chairperson of the Commission initiates a complaint under subsection 36(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member. — 2024, c. 25, s. 98Parts VI and VII of the Act are repealed. — 2024, c. 25, s. 99Subsection 45.79(1) of the Act is amended by adding the following in alphabetical order:Chairperson means the Chairperson of the Commission. (président) — 2024, c. 25, s. 100Section 45.8 of the Act is replaced by the following:The Commissioner shall, as soon as feasible, notify the Commission and the designated authority for a province of a serious incident that is alleged to have occurred in that province. — 2024, c. 25, s. 101Subsections 45.83(5) and (6) of the Act are replaced by the following:An observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 11(1) of the Public Complaints and Review Commission Act.Despite subsection 11(3) of the Public Complaints and Review Commission Act, but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part. — 2024, c. 25, s. 102Section 45.86 of the Act is replaced by the following:Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 17(1) of the Public Complaints and Review Commission Act, and an observer shall not use or disclose that information if it is disclosed. — 2024, c. 25, s. 103The heading of Part VII.2 of the Act is replaced by the following:Serious Incidents — Integrated Cross-Border Law Enforcement Operations — 2024, c. 25, s. 104Subsections 45.88(2) and (3) of the Act are replaced by the following:For greater certainty, a reference in section 50.3 to section 45.86 as a result of section 45.98 is also to be read as a reference to that provision as modified by section 45.98. — 2024, c. 25, s. 105Sections 45.89 to 45.97 of the Act are replaced by the following:The purpose of this Part is to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations. — 2024, c. 25, s. 106Subparagraph 50(1)(d)(i) of the Act is replaced by the following:to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part 2 or 3 of the Public Complaints and Review Commission Act or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or — 2024, c. 25, s. 107Sections 50.1 to 51 of the Act are replaced by the following:Every person who contravenes section 45.86 isguilty of an indictable offence and liable to imprisonment for a term of not more than five years; orguilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.Every person who is convicted of an offence under this Part, except under section 50 or 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both. — 2024, c. 25, s. 112Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament. — 2024, c. 25, s. 113The following definitions apply in this section.former Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (ancienne Commission)new Commission means the Commission. (nouvelle Commission)The persons who hold office as Chairperson, Vice-chairperson or member of the former Commission immediately before the day on which subsection 3(1) comes into force continue in office as the Chairperson, Vice-chairperson or member, respectively, of the new Commission for the remainder of the terms for which they were appointed.Nothing in this Act is to be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the day on which this section comes into force, occupied a position in the former Commission, except that the employee, as of that day, occupies their position in the new Commission.Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Commission.All rights and property of the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.Every reference to the former Commission in any document executed or signed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.Any action, suit or other legal or administrative proceeding to which the former Commission is a party that is pending immediately before the day on the day on which this section comes into force may be continued by or against the new Commission in the same manner and to the same extent as it would have been continued by or against the former Commission.Any request made under section 45.34, 45.35 or 45.51 of the Royal Canadian Mounted Police Act, as that section read immediately before the day on which section 28 of this Act comes into force, for which the former Commission has not provided the Minister with a report before that day is deemed to be a request made under section 12, 28 or 29, as the case may be, of this Act.Any complaint made under section 45.53 or 45.59 of the Royal Canadian Mounted Police Act as they read immediately before the day on which section 33 of this Act comes into force that has not been disposed of or resolved by the former Commission before that day may be disposed of or resolved by the new Commission in accordance with the provisions of this Act.Complaints may be made under sections 33 and 36 regardless of whether the conduct to which they relate occurred before, on or after the day on which each of those sections comes into force.Sections 67 and 68 apply only in respect of complaints made under sections 33 and 36 on or after the day on which each of those sections comes into force. — 2024, c. 25, ss. 145(1), (4), (7)In this section, other Act means the Enhancing Royal Canadian Mounted Police Accountability Act.If section 2 of this Act comes into force before the day on which subsections 77(7) to (12), (14), (15) and (19) and paragraphs 82(a) and (b) of the other Act have produced their effects, then those subsections 77(7) to (12), (14), (15) and (19) and section 82 of the other Act are repealed.If paragraph 82(b) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that paragraph 82(b) is deemed to have produced its effects before that section 2 comes into force.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.