GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 45.67
Right to terminate investigation 45.67 (1) The Commission may decide to discontinue an investigation of a complaint if, in the Commission’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) applies; or (b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint. Obligation to discontinue investigation (2) The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies. Referral — National security (2.1) The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency. Notice to the Commissioner and complainant (3) Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner. Notice — application of subsection (2.1) (3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant. Notice to member and other persons (4) After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1). 2013, c. 18, s. 35 2019, c. 13, s. 43
Royal Canadian Mounted Police Act — R-10 45.68
Consolidation of complaints 45.68 The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation, review or hearing. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.69
Updates with respect to investigation 45.69 The Commission 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 Commission’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 45.7
Referral to Commission 45.7 (1) A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review. Extension of time limit (2) The Commission may extend the time limit for referring a complaint to the Commission for review if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest. Material to be provided (3) If a complainant refers a complaint to the Commission under subsection (1), (a) the Commission shall notify the Commissioner that the complaint has been referred to the Commission; and (b) the Commissioner shall provide the Commission with a copy of the notice given under subsection 45.61(3) or the report sent under section 45.64. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.71
Review by Commission 45.71 (1) The Commission shall review every complaint referred to it under section 45.7. Commission satisfied (2) If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s decision or report, the Commission shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. Commission not satisfied (3) If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s decision or report or considers that further inquiry is warranted, the Commission may (a) prepare and send to the Minister and the Commissioner a report in writing setting out any findings it sees fit with respect to the Commissioner’s decision or report and any recommendations it sees fit with respect to the complaint; (b) request that the Commissioner direct the Force to investigate or further investigate the complaint; or (c) investigate or further investigate the complaint or institute a hearing to inquire into the complaint. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.72
Commissioner’s response 45.72 (1) The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting. Commission’s final report (2) After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.74
Duty to suspend 45.74 (1) The Commission shall suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing criminal investigation or proceeding. Duty to suspend (2) The Commission shall suspend an investigation, review or hearing with respect to a complaint if it is requested to do so in writing by the Commissioner. The Commissioner may make the request only if, in the Commissioner’s opinion, the investigation, review or hearing would compromise or seriously hinder an ongoing criminal investigation or proceeding, and the Commissioner shall set out the reasons for his or her opinion in the request. Power to suspend (3) The Commission may suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.75
Joint investigation, review or hearing 45.75 (1) If a complaint concerns the conduct of a member or other person appointed or employed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers. Regulations (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1). 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.76
Interim report 45.76 (1) On completion of an investigation or a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit. Commissioner’s response (2) The Commissioner shall, as soon as feasible, provide the Chairperson and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting. Commission’s final report (3) After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.77
Final and conclusive 45.77 All of the findings and recommendations that are contained in the Commission’s final report under subsection 45.72(2) or 45.76(3) are final and are not subject to appeal to or review by any court. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.78
Return of documents and things 45.78 Any document or thing that a person produced to the Force or the Commission shall, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.79
Definitions 45.79 (1) The following definitions apply in this Part. designated authority , with respect to a province, means the person, body or authority that is designated by the lieutenant governor in council of that province under subsection (2). ( autorité désignée ) investigative body means a provincial entity, other than a police force, whose authority includes the power to investigate a serious incident for the purpose of determining whether an offence under federal or provincial law has occurred. ( organisme d’enquête ) serious incident means an incident in which the actions of a member or other person appointed or employed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (a) may have resulted in serious injury to, or the death of, any person; or (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated by an investigative body or by a police force other than the Force: (i) the Minister, (ii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred if there is an arrangement between the government of that province and the Minister under section 20, or (iii) the Commissioner. ( incident grave ) serious injury means a prescribed physical or psychological injury. ( blessure grave ) Designation (2) The lieutenant governor in council of a province may designate any person, body or authority as the designated authority for that province for the purposes of this Part and Part VII.2. Regulations (3) The Governor in Council may, by regulation, prescribe physical or psychological injuries for the purposes of the definition serious injury in subsection (1). 2013, c. 18, ss. 35, 81
Royal Canadian Mounted Police Act — R-10
designated authority , with respect to a province, means the person, body or authority that is designated by the lieutenant governor in council of that province under subsection (2). ( autorité désignée )
Royal Canadian Mounted Police Act — R-10
investigative body means a provincial entity, other than a police force, whose authority includes the power to investigate a serious incident for the purpose of determining whether an offence under federal or provincial law has occurred. ( organisme d’enquête )
Royal Canadian Mounted Police Act — R-10 (a)
serious incident means an incident in which the actions of a member or other person appointed or employed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (a) may have resulted in serious injury to, or the death of, any person; or (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated by an investigative body or by a police force other than the Force: (i) the Minister, (ii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred if there is an arrangement between the government of that province and the Minister under section 20, or (iii) the Commissioner. ( incident grave )
Royal Canadian Mounted Police Act — R-10
serious injury means a prescribed physical or psychological injury. ( blessure grave )
Royal Canadian Mounted Police Act — R-10 45.8
Notification 45.8 The Commissioner shall, as soon as feasible, notify the designated authority for a province of a serious incident that is alleged to have occurred in that province. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.81
Duty to consider investigative body 45.81 (1) If there is an investigative body in the province in which the serious incident is alleged to have occurred, the designated authority for that province shall first consider appointing that investigative body to investigate the serious incident. Appointment of police force (2) If there is no investigative body or, after consideration, the designated authority does not appoint one, the designated authority may appoint a police force to investigate the serious incident. Referral by the Force (3) If the designated authority appoints an investigative body or police force to investigate the serious incident, the Force shall, as soon as feasible, refer the investigation of the serious incident to that investigative body or police force. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.82
Request to police force 45.82 (1) If there is no designated authority for a province or the designated authority for a province notifies the Force that no investigative body or police force will be appointed to investigate the serious incident, the Force shall, as soon as feasible, request an investigative body or a police force to investigate it having taken into account the available expertise and resources of that investigative body or police force. Investigation by the Force (2) If the investigative body, or the police force that receives the request, notifies the Force that it will not investigate the serious incident and the Force does not consider any other investigative body or police force to be appropriate to receive such a request, the Force shall, as soon as feasible, (a) notify the Commission that it will investigate the serious incident; and (b) investigate the serious incident. Reasonable efforts (3) The Force shall make reasonable efforts under this section to identify an investigative body or police force to investigate the serious incident and shall keep a written record of the efforts made. Report (4) The Commissioner shall provide the Chairperson with a report outlining the efforts made by the Force under subsection (3). 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.83
Observer — investigation by another police force 45.83 (1) If a police force is appointed under subsection 45.81(2) — or accepts, following a request made under subsection 45.82(1) — to investigate a serious incident and no observer is appointed by a designated authority, (a) the Commissioner shall, as soon as feasible, notify the Commission of the serious incident; and (b) the Commission may, with the agreement of the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred, appoint an observer to assess the impartiality of the investigation. Observer — Force (2) If the Force investigates a serious incident, the Force shall permit an observer appointed by a designated authority or by the Commission under subsection (3) to assess the impartiality of the investigation. Appointment of observer (3) If the Force investigates a serious incident and no observer is appointed by a designated authority, the Commission may appoint an observer to assess the impartiality of the investigation conducted by the Force. No observer appointed (4) If no observer is appointed to an investigation of a serious incident under subsection (2) or (3), the Commissioner shall provide the Chairperson with a report that sets out all measures that have been or will be taken by the Force to ensure the impartiality of the investigation. Immunity (5) An observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 45.5(1). Observers are compellable (6) Despite subsection 45.5(2) but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.84
Recommendations 45.84 If an observer has concerns with the impartiality of an investigation, the observer may inform the Force or the other police force, as the case may be, of his or her concerns and may make any recommendations to the Force or the other police force that he or she considers appropriate to address the concerns. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.85
Report 45.85 (1) The observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson and the Commissioner and, if the investigation was carried out by a police force other than the Force, to the chief of police of that force. Response (2) If the observer’s report identifies concerns with respect to the impartiality of an investigation, the Commissioner or, if the investigation was carried out by a police force other than the Force, the chief of police of that force, shall provide to the Chairperson a written response to the observer’s report that includes a description of what actions have or will be taken by the Force or the police force, as the case may be, to address those concerns. Report on response (3) If the Chairperson is not satisfied with a response of the Commissioner or chief of police, the Chairperson shall issue a report to that effect to the Attorney General for the province in which the incident is alleged to have occurred and to the provincial minister who has the primary responsibility for policing in that province. Copy of report to Minister (4) The Chairperson shall provide a copy of any report issued under subsection (3) to the Minister. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.86
Information subject to privilege 45.86 Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 45.4(1), and an observer shall not use or disclose that information if it is disclosed. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.87
Regulations 45.87 The Governor in Council may make regulations (a) respecting the criteria and procedures for the appointment of an observer under subsection 45.83(1) or (3); (b) respecting the scope of an observer’s role; (c) respecting an observer’s reporting obligations; (d) respecting the access to, and use of, the notes, reports or other material prepared by an observer in relation to the investigation of a serious incident; (e) prescribing the period within which the Commissioner or chief of police is to provide a response under subsection 45.85(2); and (f) generally for carrying out the purposes and provisions of this Part. 2013, c. 18, s. 35
Royal Canadian Mounted Police Act — R-10 45.88
Definitions 45.88 (1) The following definitions apply in this Part. Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act . ( autorité centrale ) designated authority has the same meaning as in subsection 45.79(1). ( autorité désignée ) designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( agent désigné ) integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( opération transfrontalière intégrée ) investigative body has the same meaning as in subsection 45.79(1). ( organisme d’enquête ) serious incident means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation (a) may have resulted in serious injury to, or the death of, any person; or (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated: (i) the Minister, (ii) the Central Authority, or (iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred. ( incident grave ) serious injury has the same meaning as in subsection 45.79(1). ( blessure grave ) Clarification — this Part (2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be. Clarification — sections 50.2 and 50.3 (3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10
Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act . ( autorité centrale )
Royal Canadian Mounted Police Act — R-10
designated authority has the same meaning as in subsection 45.79(1). ( autorité désignée )
Royal Canadian Mounted Police Act — R-10
designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( agent désigné )
Royal Canadian Mounted Police Act — R-10
integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act . ( opération transfrontalière intégrée )
Royal Canadian Mounted Police Act — R-10
investigative body has the same meaning as in subsection 45.79(1). ( organisme d’enquête )