Criminal Code — C-46 25.1
Definitions 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4. competent authority means, with respect to a public officer or a senior official, (a) in the case of a member of the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness, personally; (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally. ( autorité compétente ) public officer means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament. ( fonctionnaire public ) senior official means a senior official who is responsible for law enforcement and who is designated under subsection (5). ( fonctionnaire supérieur ) Principle (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences. Designation of public officers (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4. Condition — civilian oversight (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer’s conduct. Declaration as evidence (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection. Considerations (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity. Designation of senior officials (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4. Emergency designation (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence. The senior official shall without delay notify the competent authority of the designation. Conditions (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting (a) the duration of the designation; (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit. Justification for acts or omissions (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an