GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 45.46
Safeguards — third party 45.46 (1) The Commission shall not disclose information referred to in subsection 45.39(3) that it has received from the Force to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Commissioner advises the Commission that he or she is satisfied that (a) the person or entity will take reasonable measures to protect that information; (b) the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 45.45; and (c) the person or entity has agreed to any measures that would assist the Force to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Force to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Force. Time limit (2) When the Commission indicates to the Commissioner that it wishes to disclose information referred to in subsection 45.39(3) to a person or entity other than a member, employee or officer of the Commission or a person acting on its behalf, the Commissioner shall, as soon as feasible, indicate to the Commission whether he or she is satisfied that the person or entity has met the requirements of paragraphs (1)(a) and (b) and has agreed to the measures referred to in paragraph (1)(c). Regulations (3) The Governor in Council may make regulations respecting the disclosure by the Commission of information referred to in subsection 45.39(3) to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information. Duties to comply (4) Every person who has received information under this section shall comply with the regulations made under subsection (3). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.47
Disclosure by Commission prohibited 45.47 (1) Except as authorized under subsection (2), no member, officer or employee of the Commission or other person acting on its behalf shall provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.4(2) or being reckless as to whether the information is such privileged information. Authorized disclosure (2) Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information (a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; (b) to the Minister other than in an annual report referred to in section 45.52; (c) to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under this Act; and (d) to a former judge or other individual for the purposes of section 45.41. Disclosure of privileged information — proceedings (3) A member, officer or employee of the Commission or other person acting on its behalf shall not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.4(2). Application (4) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act . Application (5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act . R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35; 2017, c. 20, s. 173.1
Royal Canadian Mounted Police Act — R-10 45.48
Disclosure by former judge or other individual prohibited 45.48 A former judge or other individual appointed under subsection 45.41(1) shall not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.41(3) or being reckless as to whether the information is such privileged information. 2012, c. 19, s. 369; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.49
Rules 45.49 (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting (a) the sittings of the Commission; (b) the fixing of the quorum for the performance of its duties and functions; (c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission; (d) the apportionment of the Commission’s work among its members; and (e) the performance of the duties and functions of the Commission under this Act generally. Publication of proposed rules (2) A copy of each rule that the Commission proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it. Exception (3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations. 2012, c. 19, s. 369; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.5
Protection 45.5 (1) No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act. No summons (2) A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Foreign Interference and Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code . 2012, c. 19, s. 369; 2013, c. 18, s. 35 2024, c. 16, s. 57
Royal Canadian Mounted Police Act — R-10 45.51
Special reports 45.51 (1) The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report concerning any matter that relates to its powers, duties and functions under this Act. Exemption (2) When the Commission provides the report to the Minister, section 45.43 and subsection 45.44(2) do not apply in respect of any information referred to in subsection 45.39(3) or to privileged information, as defined in subsection 45.4(1), set out in the report. 2012, c. 19, s. 369; 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.52
Annual report 45.52 (1) The Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission during that year and its recommendations, if any. The Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report. Annual report — provinces (2) The Commission shall, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province and how those complaints were disposed of and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner. Performance in relation to time limits (3) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.53
nt to the Commissioner and to the entities referred to in paragraphs (8)(a) and (c). Covert operations (11) The Commission and the Force are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which may not be inferred, information concerning (a) whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a covert investigation or a covert collection of information or intelligence; or (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence. 2013, c. 18, s. 35 2019, c. 13, s. 42
Royal Canadian Mounted Police Act — R-10 45.54
Notice 45.54 As soon as feasible after being notified of a complaint, the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.55
Withdrawal 45.55 (1) A complainant may withdraw a complaint at any time by sending a written notice to the Commission. Assistance (2) The Commission shall, on the request of an individual who wishes to withdraw a complaint, arrange for the provision of assistance to that individual in withdrawing the complaint. Notice of withdrawal (3) As soon as feasible after the Commission receives a notice that a complaint has been withdrawn, the Commission shall give written notice of the withdrawal to the Commissioner and the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose. Notice to member or other person (4) When the Commissioner receives a notice under subsection (3), he or she shall notify in writing the member or other person whose conduct is the subject matter of the complaint that the complaint has been withdrawn. Investigation or hearing into withdrawn complaint (5) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part. Preservation of evidence (6) The Commissioner shall ensure the protection and preservation of any evidence relating to a withdrawn complaint. Regulations (7) The Governor in Council may make regulations respecting the period during which the evidence is to be protected and preserved. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.56
Informal resolution 45.56 (1) As soon as feasible after being notified of a complaint, the Commissioner shall consider whether the complaint can be resolved informally and, with the consent of the complainant and the member or other person whose conduct is the subject matter of the complaint, may attempt to resolve it informally. Inadmissibility (2) An answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the member or other person whose conduct is the subject matter of the complaint, may be used or received against that person only in (a) a prosecution under section 132 or 136 of the Criminal Code ; or (b) a civil or administrative proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. Agreement to informal resolution in writing (3) The terms of every informal resolution of a complaint as well as the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to those terms shall be signified in writing. A copy of everything so signified in writing is to be provided to the Commission. Regulations (4) The Governor in Council may make regulations prescribing the categories of complaints that are not to be resolved informally by the Commissioner. Clarification (5) For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.57
Right to make representations 45.57 (1) If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact on the person: (a) the complainant; (b) the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed; and (c) the individual who has written permission to make the representations from the individual at whom the conduct was directed. Disclosure and use (2) Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV. Regulations (3) The Governor in Council may make regulations respecting the making of representations under subsection (1). 2013, c. 18, ss. 35, 77
Royal Canadian Mounted Police Act — R-10 45.58
Records of complaints 45.58 (1) The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant. Making record available (2) Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1). 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.59
Complaints initiated by Chairperson 45.59 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act , of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I, the Chairperson may initiate a complaint in relation to that conduct. Chairperson is complainant (2) Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1), a reference to the Chairperson. Notice to Commissioner and Minister (3) The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1). Notice to member (4) Immediately after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.6
Investigation by the Force 45.6 (1) Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part. Restriction on power to investigate (2) The Force shall not commence or continue an investigation of a complaint if the Commission has notified the Commissioner that it will investigate that complaint or institute a hearing to inquire into that complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.61
Right to refuse or terminate investigation 45.61 (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’s opinion, (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) or subsection 45.53(3) applies; or (b) having regard to all the circumstances, it is not necessary or reasonably practicable to commence or continue an investigation of the complaint. Duty to refuse or terminate investigation (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament. Notice to complainant and member (3) If the Commissioner directs the Force to not commence or continue an investigation of a complaint, the Commissioner shall give notice in writing to the complainant and the member or other person whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after being notified of the decision, if the complainant is not satisfied with the decision. Notice to the Commission (4) The Commissioner shall notify the Commission of any action he or she takes under this section. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.62
Rules 45.62 The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.63
Updates with respect to the investigation 45.63 The Commissioner shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.64
Report 45.64 As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complainant, the member or other person whose conduct is the subject matter of the complaint and the Commission a report setting out (a) a summary of the complaint; (b) the findings of the investigation; (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and (d) the complainant’s right to refer the complaint to the Commission for review, within 60 days after receiving the report, if the complainant is not satisfied with the disposition of the complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.65
Powers 45.65 (1) The Commission may, in relation to a complaint before it, (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and (d) make any examination of records and any inquiries that the Commission considers necessary. No excuse (2) No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding. Inadmissibility (3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in (a) a prosecution under section 132 or 136 of the Criminal Code ; or (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false. Restriction (4) Despite subsection (1), the Commission shall not receive or accept (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5); (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or (c) any answer or statement made in the course of attempting to dispose of a complaint under section 45.56. Restriction (5) Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2). Witness fees (6) Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court. 2013, c. 18, ss. 35, 77
Royal Canadian Mounted Police Act — R-10 45.66
Complaints 45.66 (1) After receiving or being notified of a complaint made under this Part, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so. Notice to Commissioner and Minister (2) The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section. 2013, c. 18, s. 35