Bill C-42

REVIEW OF INTEGRATED CROSS-BORDER LAW ENFORCEMENT OPERATIONS

Interpretation

45.88 (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.

“designated authority” has the same meaning as in subsection 45.79(1).

“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“investigative body” has the same meaning as in subsection 45.79(1).

“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the perform-ance 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.

“serious injury” has the same meaning as in subsection 45.79(1).

(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.

Purpose

45.89 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.

Application of Sections 45.34 to 45.51

45.9 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.

Reporting

45.91 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.

45.92 (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.

45.93 (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.

Investigation, Review and Hearing of Complaints

45.94 (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.

45.95 (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).

45.96 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.

45.97 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.

Serious Incidents

45.98 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.

45.99 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.

45.991 (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.

(3) If section 35 of this Act comes into force before section 369 of the other Act, then that section 369 is replaced by the following:

369. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:

PART VII.2

REVIEW OF INTEGRATED CROSS-BORDER LAW ENFORCEMENT OPERATIONS

Interpretation

45.88 (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.

“designated authority” has the same meaning as in subsection 45.79(1).

“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“investigative body” has the same meaning as in subsection 45.79(1).

“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the perform-ance 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.

“serious injury” has the same meaning as in subsection 45.79(1).

(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.

Purpose

45.89 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.

Application of Sections 45.34 to 45.51

45.9 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.

Reporting

45.91 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.

45.92 (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.

45.93 (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.

Investigation, Review and Hearing of Complaints

45.94 (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.

45.95 (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).

45.96 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.

45.97 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.

Serious Incidents

45.98 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.

45.99 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.

45.991 (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.

(4) If subsection 369 of the other Act and section 35 of this Act come into force on the same day, then that section 369 is deemed to have come into force before that section 35 and subsection (2) applies as a consequence.

(5) On the first day on which both section 370 of the other Act and subsection 40(1) or (2) of this Act are in force, section 50 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (1):

(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.

(6) On the first day on which both section 370 of the other Act is in force and subsection 77(22) of this Act has produced its effects, section 50 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (1):

(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.

79. On the first day on which both subsection 2(6) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, the definition “proceedings” in subsection 2(1) of the Royal Canadian Mounted Police Act is replaced by the following:

“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.

80. On the first day on which both subsection 16(4) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, paragraph 24.1(6)(d) of the Royal Canadian Mounted Police Act is replaced by the following:

(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.

81. On the first day on which both section 35 of this Act has come into force and subsection 78(2) or (3) of this Act has produced its effects, subsection 45.79(2) of the Royal Canadian Mounted Police Act is replaced by the following:

(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.

82. On 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,

(a) paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following:

(j) 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;

(b) paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following:

(c) 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;

83. On the first day on which both subsections 77(22) and 78(2) or (3) of this Act have produced their effects,

(a) subparagraph 50(1)(d)(i) of the Royal Canadian Mounted Police Act is replaced by the following:

(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 VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or

(b) paragraphs 50.1(1)(a) to (d) of the Royal Canadian Mounted Police Act are replaced by the following:

(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 under Part IV or 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

84. On the first day on which both subsection 40(1) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects,

(a) subparagraph 50(1)(d)(i) of the Royal Canadian Mounted Police Act is replaced by the following:

(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

(b) paragraphs 50.1(1)(a) to (d) of the Royal Canadian Mounted Police Act are replaced by the following:

(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

85. On the first day on which both section 45 of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, item 22 of the schedule to the Canada Evidence Act is replaced by the following:

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 or the Central Authority, as the case may be.

PART 2

PERSONS DEEMED TO BE APPOINTED UNDER THE PUBLIC SERVICE EMPLOYMENT ACT

86. (1) The 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.

(2) 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).

(3) 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).

(4) 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.

PART 3

COMING INTO FORCE

87. (1) Subject to subsections (2) to (4), the provisions of this Act, other than sections 12 and 67 to 86, come into force on a day or days to be fixed by order of the Governor in Council.

(2) Subsections 8(2) and (3) and 15(1) come into force on the date on which persons cease to be members, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, by reason of subsection 86(2).

(3) Subsections 2(1), (4), (5) and (7) and 3(1) and (2), sections 4 to 7, subsections 8(1) and (4), sections 9 to 11, 13 and 14, subsections 15(2) and 16(3), sections 20 to 31, 33, 34 and 37 to 39, subsection 40(2) and sections 46 and 59 to 66 come into force on a day to be fixed by order of the Governor in Council.

(4) Subsections 2(2), (3) and (6), 3(3) and 16(1) and (2) and sections 32, 35, 42 to 45 and 47 to 58 come into force on a day to be fixed by order of the Governor in Council.