Bill C-472
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-472
An Act to amend the Royal Canadian Mounted Police Act (Civilian Investigation Service)
R.S., c. R-10
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
PART VII.1
CIVILIAN INVESTIGATION SERVICE
Civilian Investigation Service
45.48 (1) There is hereby established the Civilian Investigation Service to investigate the circumstances surrounding the death of, or the occurrence of serious bodily harm to, any person while that person was in the custody of the Force.
Composition
(2) The Civilian Investigation Service shall consist of a director appointed by the Attorney General of Canada and such investigators and other employees appointed in accordance with the Public Service Employment Act as are necessary for the proper conduct of the work of the agency.
Peace officers
(3) The director and investigators appointed under subsection (2) are peace officers.
Eligibility
(4) No member or a former member is eligible to be appointed as director or as an investigator.
Tenure of office
(5) The director 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 Attorney General of Canada.
Temporary employees
(6) The Civilian Investigation Service 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 Service to advise and assist it in the exercise of its functions under this Act; and
(b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).
Investigation
(7) If a person suffers serious bodily harm or dies while in the custody of the Force, the director shall, within 60 days after the occurrence of the death or serious bodily harm, initiate an investigation into the circumstances surrounding the death or serious bodily harm.
Lead investigator
(8) The Civilian Investigation Service shall be the lead investigator in any investigation into the circumstances surrounding the death or serious bodily harm referred to in subsection (7) and shall, in conducting the investigation, have priority over any police force or other investigative body.
Report
(9) The director shall immediately report the results of all investigations to the Attorney General of Canada.
Laying of information
(10) If, in the opinion of the director, there are reasonable grounds to do so, the director shall cause an information to be laid against a member or any other person in connection with a matter that has been investigated by the agency under subsection (7) and shall refer the information to the Crown Attorney responsible for the prosecution of the offence.
Duty to notify agency
(11) If a person suffers serious bodily harm or dies while in the custody of the Force, the senior member present at the time the death or serious bodily harm is discovered shall immediately notify the Civilian Investigation Service.
Co-operation of members
(12) Every member shall co-operate fully with the Civilian Investigation Service in the conduct of any investigation under subsection (7).
Regulations
(13) The Governor in Council may make regulations in respect of any matter referred to in this section.
Published under authority of the Speaker of the House of Commons
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Available from:
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Public Works and Government Services Canada