GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 45.172
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. 2013, c. 18, ss. 32, 77
Royal Canadian Mounted Police Act — R-10 45.173
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. 2013, c. 18, ss. 32, 77
Royal Canadian Mounted Police Act — R-10 45.18
Establishment 45.18 (1) The Management Advisory Board is established. Mandate (2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to (a) the development and implementation of transformation and modernization plans; (b) the effective and efficient use of resources; (c) the actions to be taken to reduce corporate risks; (d) the development and implementation of policies and management controls that support the operation of the Force; (e) the development and implementation of corporate and strategic plans; and (f) the development and implementation of operating and capital budgets. Consideration (2.1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors. Copy or summary to Minister (3) The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.2
Meetings 45.2 (1) The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year. Quarterly meetings in person (2) One meeting in each fiscal quarter of each fiscal year must be in person. Off-site participation (3) Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting. Participation of Deputy Minister and Commissioner (4) The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.21
Administrative matters 45.21 The Management Advisory Board may (a) set its own priorities and develop its own work plans; (b) establish procedures governing the carrying out of its work; and (c) determine the quorum for its meetings. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.22
Right of access to information 45.22 (1) Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate. Exception (2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if (a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence; (b) the information reveals personal information; or (c) the information constitutes a confidence of the Queen’s Privy Council for Canada , as defined in subsection 39(2) of the Canada Evidence Act . R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.23
No waiver 45.23 For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.24
Statistical and analytical reports 45.24 The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33 2019, c. 29, s. 222
Royal Canadian Mounted Police Act — R-10 45.29
Establishment 45.29 (1) The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council. Ineligibility (2) A person is not eligible to be a member of the Commission if that person (a) is a member or former member; or (b) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act . Appointment consideration (3) The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission. Reappointment (4) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2003, c. 22, s. 217(E); 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.3
Full- or part-time 45.3 (1) The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission. Tenure (2) Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council. Remuneration (3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council. Travel, living and other expenses (4) Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence. Application of Public Service Superannuation Act (5) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Application of other Acts (6) Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.31
Chairperson 45.31 (1) The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission. Delegation (2) The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3). Absence or incapacity (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.32
Head office 45.32 (1) The head office of the Commission shall be in Ottawa. Regional offices (2) The Commission may establish an office in any region of Canada. Staff (3) The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act . Technical assistance (4) The Commission may, with the approval of the Treasury Board, (a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and (b) fix and pay the remuneration and expenses of persons engaged under paragraph (a). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.33
Powers, duties and functions of Commission 45.33 The Commission shall exercise or perform the powers, duties and functions that are assigned to it by this Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.34
Review and report 45.34 (1) For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act , any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review. Conditions (2) In order to conduct a review on its own initiative, the Commission shall be satisfied that (a) sufficient resources exist for conducting the review and the handling of complaints under Part VII will not be compromised; and (b) no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity. Notice (3) Before conducting a review on its own initiative, the Commission shall give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (2) have been met and setting out the rationale for conducting the review. Policies, procedures and guidelines (4) The Commission shall include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force. Copy of report to provincial ministers (5) The Commission may provide a copy of the report to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.35
Review for province 45.35 (1) If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the Force in that province. Report (2) If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for the review and the Commissioner with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province. Findings and recommendations (3) The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding (a) whether the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act , any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force; and (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force. R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 22; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.351
National security 45.351 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security. Referral (2) The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency. 2019, c. 13, s. 41
Royal Canadian Mounted Police Act — R-10 45.36
Powers 45.36 (1) The Commission has, when conducting a review under section 45.34 or 45.35, all of the powers of the Commission under paragraphs 45.65(1)(a) to (d). Application (2) Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.37
Service standards respecting time limits 45.37 The Commission shall establish, and make public, service standards respecting the time limits within which it is to deal with complaints and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.38
Education and information 45.38 The Commission may implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.39
Right of access 45.39 (1) Subject to sections 45.4 and 45.42, the Commission is entitled to have access to any information under the control, or in the possession, of the Force that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under Parts VI and VII. Access to records (2) The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record. Identification (3) If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.4(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner shall identify the information to the Commission when providing the Commission with access to the information. Application (4) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.4
Definition of privileged information 45.4 (1) In this section and sections 45.41 to 45.48, privileged information means information that is subject to any type of privilege that exists and may be claimed, including (a) information that is protected by the privilege that exists between legal counsel and their client or that is subject to informer privilege; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act ; (c) [Repealed, 2013, c. 29, s. 23] (d) special operational information as defined in subsection 8(1) of the Foreign Interference and Security of Information Act ; (e) information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Foreign Interference and Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and (f) medical information about a member or other person appointed or employed under the authority of Part I. Access to privileged information (2) Despite any privilege that exists and may be claimed, the Commission is entitled to have access to privileged information under the control, or in the possession, of the Force if that information is relevant and necessary to the matter before the Commission when it is conducting a review under section 45.34 or 45.35 or is conducting an investigation, review or hearing under Part VII. 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 Commission under this section, the Commissioner shall, without disclosing the privileged information, (a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and (b) provide the Commission with information about the nature and date of the privileged information. Memorandum of understanding (5) The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information. Regulations (6) The Governor in Council may make regulations respecting procedures that govern the Commission’s access to privileged information under this section and procedures to protect that information. Application (7) Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under subsection (6), applies despite any other Act of Parliament. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35, c. 29, s. 23 2024, c. 16, s. 57
Royal Canadian Mounted Police Act — R-10 45.42
Exceptions 45.42 (1) Despite section 45.4, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals (a) information relating to a request made by a member or other person appointed or employed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada; (b) communications referred to in subsection 47.1(2); (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force; (d) information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s dealings with the Commission, including (i) legal opinions relating to the way in which the Force should conduct itself in regard to the Commission, and (ii) minutes of meetings held by the Force relating to the way in which the Force should conduct itself in regard to the Commission; and (e) any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the Force and containing analysis or advice relating to the meeting. Exception — confidences (2) Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.43
Use of privileged information 45.43 If the Commission obtains access to privileged information in respect of a matter under subsection 45.4(2), the Commission may use that information only in respect of that matter. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.44
Protection of information 45.44 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession. Consultation and approval (2) Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner. Time limit (3) The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection. Regulations (4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission. Conflict or inconsistency (5) In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency. Duty to comply with regulations (6) Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.45
Security requirements 45.45 (1) Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.41(1) shall (a) obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation; (b) comply with all security requirements under this Part and the Foreign Interference and Security of Information Act ; and (c) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents. Regulations (2) The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a). R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 23; 2013, c. 18, ss. 34, 35 2024, c. 16, s. 57