Bill C-42

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Complete Document Bilingual view XML PDF

Rules

45.49 (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 perform-ance 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.

Publication of proposed rules

(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.

Exception

(3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

Immunity

Protection

45.5 (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 under this Act.

No summons

(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, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

Reporting

Special reports

45.51 (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.

Exemption

(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.

Annual report

45.52 (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.

Annual report — provinces

(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.

Performance in relation to time limits

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

PART VII

INVESTIGATION, REVIEW AND HEARING OF COMPLAINTS

Complaints

45.53 (1) Any individual may make a complaint concerning the conduct, in the perform-ance 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.

Commission’s discretion

(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

(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.

Complaints involving decisions made under Part IV

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

Complaint by members or certain other persons

(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.

Time limit

(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).

Extension of time limit

(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.

Notice

(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.

Reception of complaint

(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.

Assistance

(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.

Acknowledgement and notification

(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).

Covert operations

(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.

Notice

45.54 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.

Withdrawal of Complaints

Withdrawal

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

Assistance

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

Notice of withdrawal

(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.

Notice to member or other person

(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.

Investigation or hearing into withdrawn complaint

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

Preservation of evidence

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

Regulations

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

Informal Resolution

Informal resolution

45.56 (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.

Inadmissibility

(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.

Agreement to informal resolution in writing

(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.

Regulations

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

Clarification

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

Representations

Right to make representations

45.57 (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 individ-ual at whom the conduct was directed.

Disclosure and use

(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) an officer or member in command of a detachment in determining the informal disciplinary action to be taken under section 41; and

(b) an adjudication board in determining the sanction to be imposed under subsection 45.12(3) or (4).

Regulations

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

Records of complaints

45.58 (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.

Making record available

(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).

Chairperson-initiated Complaints

Complaints initiated by Chairperson

45.59 (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.

Chairperson is complainant

(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.

Notice to Commissioner and Minister

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

Notice to member

(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 opin-ion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.

Investigation of Complaints by the Force

Investigation by the Force

45.6 (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.

Restriction on power to investigate

(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.

Right to refuse or terminate investigation

45.61 (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint 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.

Duty to refuse or terminate investigation

(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.

Notice to complainant and member

(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.

Notice to the Commission

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

Rules

45.62 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.

Updates with respect to the investigation

45.63 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.

Report

45.64 As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complain-ant, 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;

(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.

Powers of the Commission in Relation to Complaints

Powers

45.65 (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.

No excuse

(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.

Inadmissibility

(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.

Restriction

(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), 45.1(11) or 45.22(8);

(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

Restriction

(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).

Witness fees

(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.

Investigation by the Commission

Complaints

45.66 (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.

Notice to Commissioner and Minister

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

Right to terminate investigation

45.67 (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.

Obligation to discontinue investigation

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

Notice to the Commissioner and complainant

(3) 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.

Notice to member and other persons

(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.

Consolidation of complaints

45.68 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.

Updates with respect to investigation

45.69 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.

Referral of Complaints to Commission

Referral to Commission

45.7 (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.

Extension of time limit

(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.

Material to be provided

(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.

Review by Commission

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

Commission satisfied

(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.

Commission not satisfied

(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

Commissioner’s response

45.72 (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.

Commission’s final report

(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.

Hearings

Hearing

45.73 (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.

Deeming

(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.

Meaning of “parties”

(3) In this section, “parties” means the appropriate officer, the member or other person whose conduct is the subject matter of the complaint and the complainant.

Notice

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

Sittings of Commission

(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 conven-ience of the parties who wish to appear before the Commission.

Hearings in public

(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;

(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;

(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.

Rights of persons interested

(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.

Representation of witnesses

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

Appropriate officer

(9) The appropriate officer may be represented or assisted at a hearing by any other person.

Privilege

(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.

Expenses

(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.

Suspension and Joint Proceedings

Duty to suspend

45.74 (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.

Duty to suspend

(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.

Power to suspend

(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.

Joint investigation, review or hearing

45.75 (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.

Regulations

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

Reports Following Investigation or Hearing

Interim report

45.76 (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.

Commissioner’s response

(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.

Commission’s final report

(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.

Final and conclusive

45.77 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.

Return of documents and things

45.78 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.

PART VII.1

SERIOUS INCIDENTS

Definitions

45.79 (1) The following definitions apply in this Part.

“designated authority”
« autorité désignée »

“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).

“investigative body”
« organisme d’enquête »

“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.

“serious incident”
« incident grave »

“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.

“serious injury”
« blessure grave »

“serious injury” means a prescribed physical or psychological injury.

Designation

(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.

Regulations

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

Notification

45.8 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.

Duty to consider investigative body

45.81 (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.

Appointment of police force

(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.

Referral by the Force

(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.

Request to police force

45.82 (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.

Investigation by the 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.

Reasonable efforts

(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.

Report

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

Observer — investigation by another police force

45.83 (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.

Observer — Force

(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.

Appointment of observer

(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.

No observer appointed

(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.

Immunity

(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).

Observers are compellable

(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.

Recommendations

45.84 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.

Report

45.85 (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.

Response

(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.

Report on response

(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.

Copy of report to Minister

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

Information subject to privilege

45.86 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.

Regulations

45.87 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;

(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.

R.S., c. 8 (2nd Supp.), s. 18

36. (1) Subsection 46(1) of the Act is replaced by the following:

Definition of “board”

46. (1) In this section and sections 47 to 47.3, “board” means

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

(b) an adjudication board appointed under section 43 or 44;

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

Definition of “board” — sections 47.1 to 47.3

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

R.S., c. 8 (2nd Supp.), s. 18

(2) Subsection 46(4) of the Act is replaced by the following:

Rules

(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 perform-ance of the duties and functions of a board, other than the Commission, under this Act.

R.S., c. 8 (2nd Supp.), s. 18

37. Sections 47.1 and 47.2 of the Act are replaced by the following:

Immunity

47.01 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 per-formance of any power, duty or function under Part IV.

Representation

47.1 (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

Privilege

(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.

Rules

(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.

R.S., c. 8 (2nd Supp.), s. 18

38. Subsection 47.4(1) of the Act is replaced by the following:

Extensions of time limitations

47.4 (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.

Exception

(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.

R.S., c. 8 (2nd Supp.), s. 18

39. Section 47.5 of the Act is replaced by the following:

Evidence not admissible

47.5 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.

R.S., c. 8 (2nd Supp.), s. 21

40. (1) Sections 50 to 52 of the Act are replaced by the following:

Attendance of witnesses, etc.

50. (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; or

(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 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.

Punishment

(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.

Offences — harassment, obstruction, destroying documents etc.

50.1 (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;

(b) harass, intimidate or threaten

(i) an individual who makes a complaint under Part VII,

(ii) an individual at whom the conduct that is the subject of a complaint made under that Part 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 that Part, or

(iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.1;

(c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.1, 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 to a review under that Part; 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.

Punishment

(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.

Offence — failure to comply

50.2 (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.

Defence

(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.

Offence to disclose certain information

50.3 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.

Punishment

51. 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.

Limitation or prescription period

52. 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.

R.S., c. 8 (2nd Supp.), s. 21

(2) Sections 50 to 52 of the Act are replaced by the following:

Attendance of witnesses, etc.

50. (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;

(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 or IV, a conduct board under Part IV 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).

Punishment

(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.

Offences — destroying documents etc.

50.1 (1) No person shall

(a) 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 under Part IV; or

(b) direct, counsel or cause, in any manner, any person to do anything mentioned in paragraph (a), or propose, in any manner, to any person that they do anything mentioned in that paragraph.

Punishment

(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.

Punishment

51. Every person who is convicted of an offence under this Part, except under sections 50 or 50.1, 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.

Limitation or prescription period

Terminology — Chairman and Vice-Chairman

41. The English version of the Act is amended by replacing “Chairman” and “Vice-Chairman” with “Chairperson” and “Vice-chairperson”, respectively, in the following provisions:

(a) subsections 25(1) and (2);

(b) section 26;

(d) section 30;

(e) the portion of subsection 33(3) before paragraph (a); and

(f) section 34.

Related and Consequential Amendments

R.S., c. A-1

Access to Information Act

R.S., c. 8 (2nd Supp.), s. 26

42. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

43. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

44. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Royal Canadian Mounted Police Act

Loi sur la Gendarmerie royale du Canada

and a corresponding reference to “subsection 45.47(1)”.

R.S., c. C-5

Canada Evidence Act

45. The schedule to the Canada Evidence Act is amended by adding the following after item 21:

22. The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, for the purposes of the Royal Canadian Mounted Police Act, but only in relation to information that is under the control, or in the possession, of the Royal Canadian Mounted Police.

R.S., c. F-11

Financial Administration Act

46. Paragraph 11.1(2)(b) of the Financial Administration Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

(iii) any power specifically conferred on the Commissioner of the Royal Canadian Mounted Police under paragraph 20.2(1)(l) of the Royal Canadian Mounted Police Act.

1992, c. 1, s. 72; 2005, c. 10, par. 34(1)(m)

47. Schedule I.1 to the Act is amended by striking out, in column I, the reference to

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

and the corresponding reference in column II to the “Minister of Public Safety and Emergency Preparedness”.

48. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

and a corresponding reference in column II to the “Minister of Public Safety and Emergency Preparedness”.

2003, c. 22, s. 11

49. Schedule IV to the Act is amended by striking out the following:

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

50. Schedule IV to the Act is amended by adding the following in alphabetical order:

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

51. Part III of Schedule VI to the English version of the Act is amended by striking out — opposite the reference to the Royal Canadian Mounted Police External Review Committee in column I — the reference in column II to “Committee Chairman” and substituting a reference to “Committee Chairperson”.

2006, c. 9, s. 270

52. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

and the corresponding reference in column II to the “Commission Chairman”.

53. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

and a corresponding reference in column II to the “Chairperson”.

R.S., c. O-5; 2001, c. 41, s. 25

Security of Information Act

54. The schedule to the Security of Information Act is amended by adding the following in alphabetical order:

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

R.S., c. P-21

Privacy Act

R.S., c. 8 (2nd Supp.), s. 27

55. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

56. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

1991, c. 30

Public Sector Compensation Act

57. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

58. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada

2003, c. 22, ss. 12 and 13

Public Service Employment Act

59. Subsection 22(2) of the Public Service Employment Act is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (i) and by adding the following after paragraph (i):

(j) prescribing circumstances for the purposes of section 50.2.

60. The Act is amended by adding the following after section 50.1:

Exception

50.2 (1) Despite subsection 50(2), a person may be appointed as a casual worker to the Royal Canadian Mounted Police for a period of more than 90 working days in one calendar year in the circumstances prescribed by regulations made under paragraph 22(2)(j).

Review

(2) The Commission may, on an annual basis, conduct a review of the exercise of the authority to appoint casual workers to the Royal Canadian Mounted Police for more than 90 working days during the preceding calendar year.

2005, c. 46

Public Servants Disclosure Protection Act

2006, c. 9, s. 201

61. Subsection 19.1(5) of the Public Serv-ants Disclosure Protection Act is replaced by the following:

Exception — RCMP

(5) A member or former member of the Royal Canadian Mounted Police may not make a complaint under subsection (1) in relation to any action under section 20.2, or any matter that is the subject of an investigation or proceeding under Part IV of the Royal Canadian Mounted Police Act, unless

(a) he or she has exhausted every procedure available under that Act for dealing with the action or matter; and

(b) the complaint is filed within 60 days after those procedures have been exhausted.

2006, c. 9, s. 201

62. Subsection 21.7(2) of the Act is replaced by the following:

Royal Canadian Mounted Police Act

(2) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act.

2006, c. 9, s. 201

63. Subsections 21.8(5) to (7) of the Act are replaced by the following:

Restriction — RCMP

(5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a conduct measure established under paragraph 39.1(a), or a conduct measure referred to in paragraph 45(4)(a) or (b), of the Royal Canadian Mounted Police Act, or any combination of them.

Royal Canadian Mounted Police Act

(6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act.

Royal Canadian Mounted Police Act

(7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite Part IV of the Royal Canadian Mounted Police Act.

64. Subsection 23(2) of the Act is replaced by the following:

Royal Canadian Mounted Police Act

(2) For the purpose of subsection (1),

(a) the Commissioner of the Royal Canadian Mounted Police, or his or her delegate, is not acting as a law enforcement authority when taking any action under section 20.2 of the Royal Canadian Mounted Police Act; and

(b) a person or body dealing with a matter in the course of an investigation or proceeding under Part IV of that Act is not dealing with the matter as a law enforcement authority.

2006, c. 9, s. 203

65. Subsection 24(2) of the Act is replaced by the following:

Adjudicative decisions

(2) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject matter of the disclosure or the investigation relates solely to a decision that was made in the exercise of an adjudicative function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian Mounted Police under Part IV of the Royal Canadian Mounted Police Act.

2006, c. 9, s. 2

Conflict of Interest Act

66. Subparagraph (d)(vi) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:

(vi) a Deputy Commissioner of the Royal Canadian Mounted Police;

Transitional Provisions

Officers

67. Every 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.

Grievances

68. The 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.

Informal disciplinary action

69. (1) If 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.

Clarification

(2) 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).

Formal disciplinary action

70. (1) A 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:

(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;

Application of rules and regulations

(2) Rules 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.

Suspension

(3) 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.

Application of Act and rules and regulations

(4) 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.

Clarification

(5) 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).

Application of subsection 40(1)

71. (1) Subsection 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 unless

(a) informal disciplinary action has been taken under section 41 of that Act in respect of the contravention before that coming into force; or

(b) a hearing has been initiated under subsection 43(1) of that Act in respect of the contravention before that coming into force.

Clarification

(2) 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).

Discharge on grounds of unsuitability

72. (1) No 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.

Application of existing provisions

(2) 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:

Decision on appeal

(2) The Commissioner may dispose of an appeal under section 45.24 by

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

(b) allowing 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.

Administrative discharge

73. (1) No 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.

Application of rules and regulations

(2) 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.

Clarification

(3) Subsection (2) applies even if the person to whom the decision relates has ceased to be a member by reason of subsection 86(2).

Voluntary resignation

74. The 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.

Discharge of deceased member

75. A 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.

Definitions

76. (1) The following definitions apply in this section.

“former commission”
« ancienne commission »

“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.

“new commission”
« nouvelle 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.

Members of former commission

(2) 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.

Employees

(3) 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.

Definition of “employee”

(4) In subsection (3), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Transfer of appropriations

(5) 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.

Rights and obligations transferred

(6) 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.

References

(7) 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.

Continuation of proceedings

(8) 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.

Complaints under section 45.35 or 45.37

(9) 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 accord-ance with the provisions of Part VII of that Act, as enacted by that section 35.

Complaints under section 45.49

(10) 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 accord-ance with the provisions of Part VII.2 of the Royal Canadian Mounted Police Act.

Coordinating Amendments

R.S., c. R-10

77. (1) In this section, “the other Act” means the Royal Canadian Mounted Police Act.

(2) On the first day on which both subsections 3(2) and (3) of this Act are in force, subsection 5(2) of the other Act is replaced by the following:

Delegation

(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).

(3) 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:

Appointment and designation

7. (1) 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.

(4) 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:

Revocation of appointment

9.2 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.

(5) On the first day on which both sections 29 and 35 of this Act are in force, paragraph 24.1(6)(b) of the other Act is replaced by the following:

(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);

(6) On the first day on which both sections 29 and 32 of this Act are in force, sections 45.171 to 45.173 of the other Act are replaced by the following:

Notice to complainant and Commission

45.171 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.

Notice to person making representations

45.172 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.

Notice to Chairperson

45.173 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.

(7) 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:

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

(8) 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:

(a) 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;

(9) 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:

(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 under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

(10) 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:

Complaints

45.53 (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 under Part I.

(11) 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:

Complaint by members or certain other persons

(4) 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.

(12) 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:

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

(13) On the first day on which both sections 29 and 35 of this Act are in force, subsection 45.57(2) of the other Act is replaced by the following:

Disclosure and use

(14) 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 45.59(1) of the other Act is replaced by the following:

Complaints initiated by Chairperson

45.59 (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 under Part I, the Chairperson may initiate a complaint in relation to that conduct.

(15) 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:

Duty to refuse or terminate investigation

(2) 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.

(16) On the first day on which both sections 29 and 35 of this Act are in force, paragraph 45.65(4)(a) of the other Act is replaced by the following:

(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);

(17) On the first day on which both subsection 2(1) and section 35 of this Act are in force, subsection 45.73(3) of the other Act is replaced by the following:

Meaning of “parties”

(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.

(18) On the first day on which both subsection 2(1) and section 35 of this Act are in force, subsection 45.73(9) of the other Act is replaced by the following:

Designated officer

(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.

(19) 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:

Joint investigation, review or hearing

45.75 (1) 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.

(20) 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”
« incident grave »

“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

(21) On the first day on which sections 29, 36 and 37 of this Act are all in force, subsection 46(1) of the other Act is replaced by the following:

Definition of “board”

46. (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

Definition of “board” — sections 47.1 to 47.3

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

(22) On the first day on which both subsections 40(1) and (2) of this Act are in force, sections 50 to 52 of the other Act are replaced by the following:

Attendance of witnesses, etc.

50. (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;

(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 or IV, a conduct board under Part IV or the Commission under Part VII 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).

Punishment

(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.

Offences — harassment, obstruction, destroying documents etc.

50.1 (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;

(b) harass, intimidate or threaten

(i) an individual who makes a complaint under Part VII,

(ii) an individual at whom the conduct that is the subject of a complaint made under that Part 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 that Part, or

(iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.1;

(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 under Part IV or an investigation of, or hearing to inquire into, a complaint made under Part VII or to a review under that Part; or

Punishment

(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.

Offence — failure to comply

50.2 (1) Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(3) 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.

Defence

(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.

Offence to disclose certain information

50.3 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.

Punishment

Limitation period

52. 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.

(23) If section 35 of this Act comes into force before section 34 of this Act, then that section 34 is repealed.

(24) If sections 34 and 35 of this Act come into force on the same day, then that section 34 is deemed to have come into force before that section 35.

Bill C-38

78. (1) Subsections (2) to (7) apply 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 section referred to as the “other Act”), receives royal assent.

(2) If section 369 of the other Act comes into force before section 35 of this Act, then, on the day on which that section 35 comes into force, the Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:

PART VII.2