Bill S-232
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2nd Session, 41st Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
senate of canada
BILL S-232
An Act to amend the Royal Canadian Mounted Police Act (Civilian Review and Oversight Council for the Royal Canadian Mounted Police and the Royal Canadian Mounted Police Ombudsperson) and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Enhancement of Civilian Review and Oversight in the Royal Canadian Mounted Police Act.
R.S., c. R-10
ROYAL CANADIAN MOUNTED POLICE ACT
2. Subsection 2(1) of the Royal Canadian Mounted Police Act is amended by adding the following in alphabetical order:
“Council”
« Conseil »
« Conseil »
“Council” means the Civilian Review and Oversight Council for the Royal Canadian Mounted Police established by subsection 45.992(1).
“Ombudsperson” « ombudsman »
“Ombudsperson” means the person appointed under subsection 54(2).
3. Subsection 14(1) of the Act is replaced by the following:
Oaths
14. (1) Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in schedule I.
4. The Act is amended by adding the following after section 45.991:
PART VII.3
CIVILIAN REVIEW AND OVERSIGHT COUNCIL FOR THE ROYAL CANADIAN MOUNTED POLICE
Establishment and Organization
Establishment
45.992 (1) There is hereby established a council to be known as the Civilian Review and Oversight Council for the Royal Canadian Mounted Police, consisting of a Chairperson, a Vice-chairperson and not more than 11 other members, to be appointed by the Governor in Council.
Objects
(2) The objects of the Council are to
(a) review and oversee, in an independent manner, the operations of the Force in order to enhance its effectiveness and efficiency; and
(b) provide an essential balance between public accountability and police independence.
Selection
45.993 (1) The Governor in Council must appoint every member of the Council from among eligible persons after approval by the committees of the Senate and of the House of Commons that normally consider matters relating to the Royal Canadian Mounted Police or any other committee that the Houses may designate for the purposes of this section.
Ineligibility
(2) A person is not eligible to be appointed or to continue as a member of the Council if the person is
(a) a member or former member; or
(b) not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Appointment consideration
(3) The Governor in Council must, before appointing a person as a member of the Council, consider the need for regional representation in the membership of the Council.
Full- or part-time
45.994 (1) The Chairperson is to be appointed as a full-time member of the Council, and the other members of the Council as full-time or part-time members.
Tenure
(2) Each member of the Council holds office during good behaviour for a term not exceeding five years, but may be removed for cause at any time by the Governor in Council.
Reappointment
(3) A member of the Council may be reappointed for a second or subsequent term of office.
Remuneration
(4) Members of the Council are to be paid the remuneration that is to be determined by the Governor in Council.
Travel, living and other expenses
(5) Members of the Council are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Council while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
Benefits of full-time members
(6) The full-time members of the Council are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Functions — full-time
(7) In the case of a full-time appointment, members of the Council must engage exclusively in the duties and functions of the Council and may not hold any other office under Her Majesty or engage in any other employment for reward.
Functions — part-time
(8) In the case of a part-time appointment, members of the Council may not accept or hold any office or employment, or carry on any activity, inconsistent with his or her duties and functions under this Act.
Chairperson
45.995 (1) The Chairperson is the chief executive officer of the Council and has supervision over and direction of the work and staff of the Council.
Delegation
(2) The Chairperson may delegate to the Vice-chairperson any of the powers, duties and functions of the Chairperson under this Act, except the power to delegate under this subsection.
Absence or incapacity of Chairperson
(3) In the event of the absence or incapacity of the Chairperson or if the office is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson.
Absence or incapacity of Vice-chairperson
(4) In the event of the absence or incapacity of the Vice-chairperson or if the office is vacant, the Minister may authorize another member of the Council to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Council so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council.
Head office
45.996 (1) The head office of the Council must be in Ottawa.
Regional offices
(2) The Council may establish any other office in any region of Canada.
Staff
(3) The employees necessary for the proper conduct of the work of the Council must be appointed in accordance with the Public Service Employment Act.
Technical assistance
(4) The Council may, with the approval of the Treasury Board,
(a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Council to advise and assist the Council in the exercise of its powers or performance of its duties and functions under this Act; and
(b) fix and pay the remuneration and expenses of persons engaged under paragraph (a).
Powers, Duties and Functions
Objects
45.997 In order to fulfil its objects, the Council must exercise the powers and perform the duties and functions that are assigned to it by this Act.
Powers, duties and functions
45.998 (1) The Council may, on the request of the Minister or on its own initiative,
(a) review draft budgets and other financial reports and statements of the Force;
(b) monitor the allocation and expenditure of funds by the Force;
(c) review the planning, development and implementation of the strategic priorities and plans of the Force;
(d) review programs and initiatives of the Force and their implementation by the Force;
(e) review existing and proposed amendments to policies, procedures, guidelines or practices of the Force;
(f) oversee any internal audit of the Force; and
(g) conduct studies of any matter relating to the operations of the Force.
Conditions
(2) In order to perform any of the specified functions in subsection (1) on its own initiative, the Council must be satisfied that
(a) sufficient resources exist for performing the function; and
(b) no other review or inquiry on substantially the same issue by a federal or provincial entity is pending.
Notice
(3) Before performing any of the specified functions in subsection (1) on its own initiative, the Council must give a notice to the Minister indicating that it is satisfied that the conditions set out in subsection (2) have been met and providing the rationale for performing the function.
Report
(4) The Council must provide a report to the Minister and the Commissioner on any function it performs under this section.
Findings and recommendations
(5) The Council must include in its report any findings and recommendations that it sees fit, including findings and recommendations regarding the adequacy, appropriateness, sufficiency, clarity, efficiency and effectiveness of any subject matter referred to in subsection (1).
Copy of report to provincial minister
(6) The Council may provide a copy of the report to the provincial minister who has the primary responsibility for policing in that minister’s province where the subject matter of the report concerns policing in that province.
Review for province
45.999 (1) If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Council carry out any of the specified functions in subsection 45.998(1) in respect of the Force in that province.
Report
(2) If the Council carries out a function following a request under subsection (1), it must provide the Minister, the provincial minister and the Commissioner with a report.
Findings and recommendations
(3) The Council must include in its report any findings and recommendations that it sees fit, including findings and recommendations regarding the adequacy, appropriateness, sufficiency, clarity, efficiency and effectiveness of any subject matter referred to in subsection 45.998(1) in respect of the Force in that province.
Rules
Rules
45.1000 The Council may make rules respecting
(a) its the sittings;
(b) the fixing of the quorum for the performance of its duties and functions;
(c) the manner of dealing with matters and business before it, including its practice and procedure;
(d) the apportionment of its work among its members; and
(e) the exercise of its powers and performance of its duties and functions under this Act.
Information Provisions
Right of access
45.1001 (1) Subject to subsection (2), the Council is entitled to have access to any information under the control or in the possession of the Force that it considers relevant to the exercise of its powers or the performance of its duties and functions.
Exceptions
(2) The Council may not have access to information under the control or in the possession of the Force if the information reveals
(a) information relating to a request made by a member or other person appointed or employed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;
(b) communications referred to in subsection
47.1(2);
(c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;
(d) information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s dealings with the Council, including
(i) legal opinions relating to the way in which the Force should conduct itself in regard to the Council, and
(ii) minutes of meetings held by the Force relating to the way in which the Force should conduct itself in regard to the Council; and
(e) any report prepared for the Commissioner in respect of a meeting held or to be held between the Council and the Force and containing analysis or advice relating to the meeting.
Exception — Confidences
(3) Nothing in this Part authorizes a person to disclose to the Council a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada
Evidence Act applies, and the Council may not use the confidence if it is disclosed.
Access to records
(4) The entitlement to access includes the right to examine and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record.
Identification
(5) If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.1002(1), to any person or entity, other than a member or employee of the Council or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner must identify the information to the Council when providing the Council with access to it.
Definition of “privileged information”
45.1002 (1) In this Part, “privileged information” means information that is subject to any type of privilege that exists and may be claimed, including
(a) information that is protected by the privilege that exists between legal counsel and their client or that is subject to informer privilege;
(b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;
(c) special operational information as defined in subsection 8(1) of the Security of Information Act;
(d) information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition “special operational information” in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and
(e) medical information about a member or other person appointed or employed under the authority of Part I.
Access to privileged information
(2) Despite any privilege that exists and may be claimed, the Council is entitled to have access to privileged information under the control or in the possession of the Force if that information is relevant and necessary to the exercise of its powers or the performance of its duties and functions under this Act.
Access to records
(3) The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record.
Refusal and reasons
(4) If the Commissioner refuses access to privileged information sought by the Council under this section, the Commissioner must, without disclosing the privileged information,
(a) indicate to the Council why the privileged information is not relevant or necessary to the matter before the Council; and
(b) provide the Council with information about the nature and date of the privileged information.
Use of privileged information
(5) If the Council obtains access to privileged information, the Council may use that information only in respect of the matter for which it was given access.
Memorandum of understanding
(6) The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information.
Regulations
(7) The Governor in Council may make regulations respecting procedures that govern the Council’s access to privileged information under this section and procedures to protect that information.
Immunity
Protection
45.1003 (1) No criminal, civil or administrative action or proceeding lies against the members or employees of the Council, or any person acting on behalf or under the direction of the Council, for anything done or omitted to be done 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 Council under this Act.
No summons
(2) A member or employee of the Council, or any person acting on behalf or under the direction of the Council, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Council or that person as a result of exercising a power or performing a duty or function of the Council, 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 report
45.1004 (1) The Council may, on the request of the Minister or on its own initiative, provide the Minister and the Commissioner with a special report concerning any matter that relates to the exercise of its powers or the performance of its duties and functions under this Act.
Tabling
(2) The Minister must cause every special report to be laid before 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 it.
Annual report
45.1005 (1) The Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Council during that year and its recommendations relating to the operations of the Force, if any, and the Minister must 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 Council must, 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, as well as to the Minister and the Commissioner, a report of the activities of the Council during that year and its recommendations relating to the operations of the Force in that province.
5. Subsection 50.1(1) of the Act is replaced by the following:
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, VII.2 or IX;
(b) harass, intimidate or threaten
(i) an individual who makes a complaint under Part VII, VII.2 or IX,
(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 or the Ombudsperson when the Commission or Ombudsperson 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 or IX;
(c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2 or IX, 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, VII.2 or IX or to a review under any of those Parts; or
(e) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.
6. The Act is amended by adding the following after section 52:
PART IX
ROYAL CANADIAN MOUNTED POLICE OMBUDSPERSON
Interpretation
Definition of “provincial minister”
53. In this Part “provincial minister” means the minister who has the primary responsibility for policing in a province in respect of which there is an arrangement between the government of the province and the Minister under section 20.
Establishment and Organization
Establishment
54. (1) There is hereby established the office of the Royal Canadian Mounted Police Ombudsperson.
Appointment
(2) The Governor in Council must appoint the Royal Canadian Mounted Police Ombudsperson after approval by resolution of the Senate and House of Commons.
Ineligibility
(3) A person is not eligible to be appointed or to continue as the Ombudsperson if that person
(a) is a member or former member;
(b) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or
(c) engages in any other employment for reward.
Term
(4) The Ombudsperson is to hold office during good behaviour for a term not exceeding five years.
Reappointment
(5) The Ombudsperson may be reappointed for a second or subsequent term of office.
Removal
55. (1) The Ombudsperson may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
Absence, incapacity or vacancy
(2) In the event of the absence or incapacity of the Ombudsperson, or if the office is vacant, the Governor in Council may authorize another eligible person to exercise the powers and perform the duties and functions of the Ombudsperson.
Salary
56. (1) The Ombudsperson is to be paid the remuneration that is to be determined by the Governor in Council.
Expenses
(2) The Ombudsperson is to be paid reasonable travel and living expenses incurred in the performance of duties under this Part while absent from his or her ordinary place of work.
Pension benefits
(3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Ombudsperson.
Other benefits
(4) The Ombudsperson is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Staff
57. (1) The Ombudsperson may employ any employees and engage the services of any agents, advisers and experts that the Ombudsperson considers necessary to exercise his or her powers or perform his or her duties and functions, and may fix the terms and conditions of their employment or engagement and pay their remuneration.
Appointment under Public Service Employment Act
(2) The employees referred to in subsection (1) are to be appointed in accordance with the Public Service Employment Act.
Budget
58. The budget for the Ombudsperson must be reported as a separate line item in the Force’s estimates and must be set out in the annual report that is prepared by the Ombudsperson.
Oath
Oath
59. The Ombudsperson and every person appointed pursuant to subsection 57(2) must, before commencing the duties of office, take the oath set out in schedule II.
Powers, Duties and Functions
Powers, duties and functions
60. (1) The mandate of the Ombudsperson is to
(a) act as a neutral and objective mediator, intervener, investigator and reporter on matters related to the Force to ensure that individuals are treated in a fair and equitable manner;
(b) contribute to substantial and long-lasting improvements in the welfare of members and civilian employees of the Force;
(c) identify and review emerging and systemic issues related to the Force that affect members, former members, civilian employees or former civilian employees of the Force, either individually or as a group;
(d) assist members, former members, civilian employees or former civilian employees of the Force in accessing existing channels of assistance and redress within the Force; and
(e) facilitate access of members, former members, civilian employees or former civilian employees of the Force to programs and services by providing them with information and referrals.
Limitation
(2) In performing his or her mandate, the Ombudsperson may not investigate
(a) a decision of an authority made in the exercise of its exclusive jurisdiction under this Act; or
(b) a decision, recommendation, act or omission of an official of a province, pursuant to an arrangement between the government of Canada and the government of the province where the matter has been, is being or is going to be investigated by an ombudsperson of that province.
Delegation
(3) The Ombudsperson may delegate to any employee of the Ombudsperson his or her powers, duties and functions under this Part, except the
(a) power to delegate under this section; and
(b) duty or power to make a report to the Minister under subsection 72(3), 83(1) or 84(1).
Independence
61. The Ombudsperson is independent of rank and level within the Force and reports directly to and is accountable to the Minister.
Investigations
Right to complain
62. (1) A complaint under this Part must be made in good faith and may only be made by the following individuals if it relates directly to the operations of the Force:
(a) a member or former member;
(b) a civilian employee or former civilian employee of the Force;
(c) a person who applies to become a member or civilian employee of the Force; or
(d) a person acting on behalf of an individual referred to in paragraphs (a) to (c).
Complainant need not be affected
(2) A complaint may be made whether or not the complainant is affected by the subject matter of the complaint.
Investigation — mandatory
63. (1) The Ombudsperson must conduct an investigation at the request of the Minister.
Investigation — discretionary
(2) The Ombudsperson may conduct an investigation
(a) on his or her own initiative; or
(b) on receipt of a complaint by an individual listed in subsection 62(1).
Discretion
(3) The Ombudsperson may
(a) refuse to conduct an investigation referred to in paragraph 63(2)(b); or
(b) terminate an investigation before its completion.
Considerations
(4) In exercising the discretion set out in subsection (3), the Ombudsperson must consider such factors as:
(a) when the facts giving rise to the complaint arose;
(b) the amount of time that has elapsed since the complainant became aware of the facts that gave rise to the complaint;
(c) the nature and seriousness of the complaint;
(d) whether the complaint was made in good faith;
(e) the findings of another redress or complaint mechanism under this Act;
(f) the need for a judicious and efficient use of the Ombudsperson’s resources; or
(g) whether the complainant has already received compensation in relation to the subject matter of the complaint.
Decision not to investigate or to continue investigation
(5) If, pursuant to subsection (3), the Ombudsperson refuses to conduct an investigation or terminates an investigation before its completion, the Ombudsperson must notify the complainant of that decision and provide reasons for the decision.
Restrictions
64. (1) The Ombudsperson must not conduct an investigation if the complainant has not exhausted every redress or complaint mechanism available under this Act for dealing with the subject matter of his or her complaint.
Compelling circumstances
(2) Despite subsection (1), the Ombudsperson may reconsider a decision not to conduct an investigation if the Ombudsperson determines that there are compelling circumstances to investigate.
Factors
(3) To determine whether there are compelling circumstances, the Ombudsperson must consider such factors as to whether
(a) the complaint raises systemic issues;
(b) exhausting the redress or complaint mechanism available under this Act will cause undue hardship to the complainant; or
(c) exhausting the redress or complaint mechanism under this Act is unlikely to produce a result within a period of time that the Ombudsperson considers reasonable.
Notice of investigation
65. (1) If the Ombudsperson commences an investigation in relation to a complaint, the Ombudsperson must inform the complainant and the following individuals of the investigation:
a) the Commissioner;
b) the provincial minister where the subject matter of the investigation concerns policing in that minister’s province; and
c) any interested persons the Ombudsperson considers appropriate to notify in the circumstances.
Notice of investigation
(2) Where the Ombudsperson commences an investigation in relation to a complaint, the Ombudsperson must inform the complainant and the following individuals of the investigation:
(a) the Minister;
(b) the Commissioner;
(c) the provincial minister where the subject matter of the investigation concerns policing in that minister’s province; and
(d) any interested persons the Ombudsperson considers appropriate to notify in the circumstances.
Service standards respecting time limits
66. The Ombudsperson must establish and make public service standards respecting the time limits within which he or she is to conduct an investigation and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.
Right to hold hearing
67. (1) In the course of conducting an investigation, the Ombudsperson may hold any hearing and make such inquiries as the Ombudsperson considers appropriate, but no person is entitled as of right to be heard by the Ombudsperson.
Opportunity to answer allegations
(2) If, at any time during the course of an investigation, it appears to the Ombudsperson that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any portion of the Force, the Ombudsperson must, before completing the investigation, take every reasonable measure to give to give to those affected a full and ample opportunity to answer any allegation.
Hearings to be in camera
(3) Every hearing held by the Ombudsperson must be in camera unless the Ombudsperson decides otherwise.
Reasons for public hearings
(4) If the Ombudsperson decides to hold hearings in public in relation to an investigation, the Ombudsperson must indicate in the report submitted under subsection 72(3) the reasons why the hearings were held in public.
Representation
(5) An individual appearing before a hearing may be assisted by any person or represented by counsel.
Duty to suspend
68. (1) The Ombudsperson must suspend an investigation if
(a) he or she is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding; or
(b) the Minister who is of the opinion that the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding makes a written request to that effect setting out the reasons for his or her opinion.
Power to suspend
(2) The Ombudsperson may suspend an investigation if he or she is of the opinion that continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding.
Information and Confidentiality
Right to require information and documents
69. (1) In the course of an investigation, the Ombudsperson may require,
(a) from the Force, any document or thing that, in the opinion of the Ombudsperson, is relevant to the complaint, and the Force must provide the information requested; or
(b) any person to furnish any information that, in the opinion of the Ombudsperson, the person may be able to furnish in relation to the investigation that may be in the possession or under the control of that person.
Confidential information
(2) The Ombudsperson may, under subsection (1), with the written consent of the complainant, include a request for information respecting the complainant that is confidential, and the Force or any other person must, despite any other Act of Parliament, provide the information covered by the consent.
Information to be kept confidential
(3) The Ombudsperson must keep confidential all information provided by the Force or any other person under subsection (2), except as necessary for a report under subsection 72(3), 83(1) or 84(1) that contains such information without identifying the complainant.
Return of document, etc.
(4) The Ombudsperson must return any document or thing produced pursuant to subsection (1) within a reasonable time after a request for it is made to the Ombudsperson, but nothing in this subsection precludes the Ombudsperson from again requiring its production in accordance with that subsection.
Summon
70. (1) In the course of an investigation, the Ombudsperson may summon and examine any person who, in the opinion of the Ombudsperson, is able to furnish any information relating to the issue being investigated, and for that purpose may administer an oath.
Representation by counsel
(2) If a person is summoned pursuant to subsection (1), that person may be represented by counsel during the examination in respect of which the person is summoned.
Findings, Reports and Recommendations
Complaint not substantiated
71. If, after conducting an investigation, the Ombudsperson concludes that a complaint has not been substantiated, the Ombudsperson must inform the complainant or the Minister, as the case may be, and all the other persons notified pursuant to section 65 of that conclusion and, where the Ombudsperson considers it appropriate, provide reasons for the decision.
Findings
72. (1) After conducting an investigation, the Ombudsperson may conclude that
(a) a decision, recommendation, act or omission
(i) appears to have been contrary to a rule of law or to a policy of the Force,
(ii) was unreasonable, unjust, oppressive or discriminatory,
(iii) was in accordance with a rule of law or a policy or practice of the Force that is or may be unreasonable, unjust, oppressive or improperly discriminatory, or
(iv) was based wholly or partly on a mistake of law or fact, or on irrelevant grounds or consideration,
(v) related to the application of arbitrary, unreasonable or unfair procedures, or
(vi) is otherwise wrong;
(b) in doing or omitting an act or in making or acting on a decision or recommendation, an authority
(i) did so for an improper purpose,
(ii) failed to give adequate and appropriate reasons in relation to the nature of the matter, or
(iii) was negligent or acted improperly; or
(c) there was unreasonable delay in dealing with the subject matter of the investigation.
Recommendations
(2) The Ombudsperson may recommend that
(a) a matter be referred to an authority for further consideration;
(b) an act be remedied;
(c) an omission or delay be rectified;
(d) a decision or recommendation be cancelled or changed;
(e) reasons be given;
(f) a practice, procedure or course of conduct be altered;
(g) an enactment or other rule of law be reconsidered; or
(h) any other measure be taken.
Report on investigation
(3) The Ombudsperson must report his or her findings, including the reasons for it, to the complainant or the Minister, as the case may be, and all other persons notified pursuant to section 65, and may make any recommendation the Ombudsperson considers appropriate.
Recommendations not binding
(4) The recommendations of the Ombudsperson are not binding.
Request to respond
73. (1) If a recommendation is made under subsection 72(3) in respect of an authority under this Act, the Ombudsperson may request that the authority notify the Ombudsperson within a specified time
(a) on the measures that have been or are proposed to be
taken to implement the recommendation; or
(b) if no measures have been or are proposed to be taken, the reasons for not implementing the recommendation.
Further request to respond
(2) If, after considering a response made by an authority under this Act, the Ombudsperson believes it advisable to modify or further modify the recommendation, the Ombudsperson must notify the authority of the modified recommendation and may request that the authority notify the Ombudsperson within a specified time
(a) on the measures that have been or are proposed to be taken to implement the modified recommendation; or
(b) where no measures have been or are proposed to be taken, of the reasons for not implementing the modified recommendation.
Report where no suitable measure taken
74. (1) If no measure is taken that the Ombudsperson believes is adequate or appropriate within the specified time after a request has been made under section 73, the Ombudsperson may submit a report on the matter to the complainant or the Minister, as the case may be, and all other persons notified pursuant to section 65 after considering any reasons given by the authority.
Contents of report
(2) The Ombudsperson must attach to a report under subsection (1) a copy of the Ombudsperson’s recommendation and any response made to it under section 73, but the Ombudsperson must delete from the recommendation and from the response any material that would unreasonably invade a person’s privacy, and may delete material revealing the identity of a member or civilian employee of the Force.
Complainant to be informed
75. The Ombudsperson must in every case inform a complainant of the result of an investigation.
Criminal Act or Breach of the Code of Conduct
Reporting the matter
76. If, at any time during the course of conducting an investigation, the Ombudsperson finds that there is evidence of a criminal act or a breach of the Code of Conduct, the Ombudsperson must report the matter to the Commissioner, the Minister, the provincial minister where the subject matter of the investigation concerns policing in that minister’s province, and any other official or authority under this Act the Ombudsperson considers appropriate.
Assistance to the Ombudsperson
Duty to assist — Force
77. (1) In accordance with this Act, the Force must provide the Ombudsperson with all the assistance required by the Ombudsperson to exercise his or her powers and perform his or her duties and functions.
Duty to cooperate — members and civilian employees
(2) Members and civilian employees of the Force must cooperate fully with the Ombudsperson to facilitate the Ombudsperson’s exercise of his or her powers and performance of his or her duties and functions unless legal requirements or compelling operational or security priorities dictate otherwise.
Powers of investigation frustrated
(3) If the Ombudsperson is prevented from properly exercising his or her powers or performing his or her duties and functions in relation to an investigation due to the failure of the Force to comply with subsection (1) or the failure of the members and civilian employees of the Force to comply with subsection (2), the Ombudsperson may make a report on the matter to the Minister and the provincial minister where the subject matter of the investigation concerns policing in that minister’s province, and publish the report if the Ombudsperson considers that it is in the public interest to do so.
Advisory Committee
Advisory committee
78. (1) The Minister may establish an advisory committee to provide advice to the Ombudsperson on matters relating to the Ombudsperson’s mandate.
Composition of committee
(2) The composition of the advisory committee must be determined by the Minister taking into consideration the need for representation from the Force’s stakeholders groups.
Legal Proceedings
No review by court
79. Except on the ground of lack of jurisdiction, nothing done by the Ombudsperson, including the making of any report or recommendation, is to be questioned or reviewed in any court.
Protection of Ombudsperson
80. No criminal or civil proceedings lie against the Ombudsperson, or against any person acting on behalf or under the direction of the Ombudsperson, for anything done or not done, reported or said in actual or purported exercise of any power or actual or purported performance of any duty or function of the Ombudsperson.
No summons
81. The Ombudsperson or any person acting on behalf or under the direction of the Ombudsperson is not a competent or compellable witness in respect of any matter coming to the knowledge of the Ombudsperson or that person as a result of performing any duties under this Act in any proceedings other than a prosecution for an offence under this Part or a prosecution for an offence under section 132 or 136 of the Criminal Code in respect of a statement made under this Part.
Libel or slander
82. For the purposes of any law relating to libel or slander,
(a) anything said, any information furnished or any document or thing produced in the course of an investigation by or on behalf of the Ombudsperson under this Part is privileged; and
(b) any report made by the Ombudsperson under this Part and any fair and accurate account of the report made in a newspaper or any other periodical publication or in a broadcast is privileged.
Reports
Annual report
83. (1) The Ombudsperson must, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Ombudsperson during that year and his or her recommendations relating to the operations of the Force, if any.
Tabling
(2) The Minister must 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.
Publication
(3) The Ombudsperson may publish an annual report as soon as it has been tabled by the Minister.
Special report
84. (1) The Ombudsperson may, at any time, submit a special report to the Minister referring to and commenting on any matter within the scope of his or her powers, duties and functions if, in the opinion of the Ombudsperson, the matter is of such urgency or importance that a report should not be deferred until the time provided for the submission of the annual report.
Tabling
(2) The Minister must cause every special report to be laid before each House of Parliament on any of the 15 days on which that House is sitting after the day on which he or she receives it.
Publication
(3) The Ombudsperson may publish a special report as soon as it has been tabled by the Minister.
Adverse impact
85. If it appears to the Ombudsperson that information in a report would reflect adversely on any person or organization, the Ombudsperson must give those affected an opportunity to comment and must include a fair and accurate summary of the comments in the report.
Regulations
Governor in Council may make regulations
86. The Governor in Council may make regulations for carrying out the purposes of this Part.
7. (1) The schedule to the Act is renumbered as schedule I.
(2) This Act is amended by adding the following after schedule I:
SCHEDULE II
(Subsection 60(1))
OATH OF OFFICE
(Ombudsperson)
I, ….., do solemnly affirm (or swear) that I will faithfully, diligently and impartially execute and perform to the best of my abilities the duties required of me as Royal Canadian Mounted Police Ombudsperson (on an acting basis, if applicable), and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)
OATH OF OFFICE
(Employee)
I, ….., do solemnly affirm (or swear) that I will faithfully, diligently and impartially execute and perform to the best of my abilities the duties required of me as an employee of the Royal Canadian Mounted Police Ombudsperson, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office or in the course of my employment. (And in the case of an oath: So help me God.)
CONSEQUENTIAL AND RELATED AMENDMENTS
R.S., c. A-1
Access to Information Act
8. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
R.S., c. F-11
Financial Administration Act
9. (1) Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
and by adding for each a corresponding reference in column II to the “Minister of Public Safety and Emergency Preparedness”.
(2) Schedule IV to the Act is amended by adding the following in alphabetical order:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
(3) Part III of Schedule VI to the Act is amended
(a) by adding the following in alphabetical order in column I:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
and by adding a corresponding reference in column II to the “Chairperson”; and
(b) by adding the following in alphabetical order in column I:
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
and by adding a corresponding reference in column II to the “Ombudsperson”.
R.S., c. P-21
Privacy Act
10. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
1991, c. 30
Public Sector Compensation Act
11. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Civilian Review and Oversight Council for the Royal Canadian Mounted Police
Conseil civil d’examen et de surveillance de la Gendarmerie royale du Canada
Royal Canadian Mounted Police Ombudsperson
Ombudsman de la Gendarmerie royale du Canada
2013, c. 36
Language Skills Act
12. Section 2 of the Language Skills Act is amended by adding the following after paragraph (j):
(k) the Royal Canadian Mounted Police Ombudsperson, appointed pursuant to subsection 54(1) of the Royal Canadian Mounted Police Act.
COMING INTO FORCE
Order of Governor in Council
13. (1) Subject to subsection (2), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Royal recommendation
(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and such moneys have been appropriated by Parliament.
Published under authority of the Senate of Canada
Explanatory Notes
Royal Canadian Mounted Police Act
Clause 2: New.
Clause 3: Existing text of subsection 14(1):
(1) Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in the schedule.
Clause 4: New.
Clause 5: Existing text of relevant portions of subsection 50.1(1):
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 or VII.2;
(b) harass, intimidate or threaten
(i) an individual who makes a complaint under Part VII or VII.2,
. . .
(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
Clause 6: New.
Clause 7: New.
Clause 8: New.
Clause 9: New.
Clause 10: New.
Clause 11: New.
Clause 12: New.