GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 (a)
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 )
Royal Canadian Mounted Police Act — R-10
serious injury has the same meaning as in subsection 45.79(1). ( blessure grave )
Royal Canadian Mounted Police Act — R-10 45.89
Purpose 45.89 The purpose of this Part is (a) to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations; and (b) to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.9
Application of certain provisions 45.9 Sections 45.34 to 45.51, other than subsection 45.34(5) and section 45.35, apply in this Part, with the following modifications and the modifications that the circumstances require: (a) a reference to this Act or the Witness Protection Program Act in subsection 45.34(1) and paragraph 45.47(2)(c) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act ; (b) a reference to the Commissioner, other than in subsection 45.4(5), is to be read as a reference to the Central Authority; (c) a reference to the Commissioner in subsection 45.4(5) is to be read as a reference to the Commissioner acting as the Central Authority; (d) a reference to the activities of the Force in subsection 45.34(1) is to be read as a reference to integrated cross-border operations; (e) a reference to the operation of the Force in subsections 45.34(1) and (4) is to be read as a reference to integrated cross-border operations; (f) a reference to section 45.35 in subsections 45.36(1) and 45.4(2) is to be read as a reference to section 45.92; (g) a reference to the Force in subsections 45.39(1) and 45.4(2), the portion of subsection 45.42(1) before paragraph (a), subsection 45.44(2) and the portion of subsection 45.46(1) before paragraph (a) is to be read as a reference to the Force, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act ; (h) a reference to the Force in subsection 45.41(8) and paragraphs 45.42(1)(c) and (d) and 45.46(1)(c) is to be read as a reference to the Central Authority; (i) a reference to Parts VI and VII in subsection 45.39(1) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); (j) a reference to a member or other person appointed or employed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act ; (k) a reference to a meeting held or to be held between the Commission and the Force in paragraph 45.42(1)(e) is to be read as a reference to a meeting held or to be held with the Commission; (l) a reference to Part VII in subsection 45.4(2) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); and (m) the reference to section 45.52 in paragraph 45.47(2)(b) is to be read as a reference to section 45.93. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.91
Copy of report to provincial ministers 45.91 The Commission may provide a copy of any report referred to in section 45.34 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.92
Review for province 45.92 (1) The provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out 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 it and the Central Authority 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 integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act , any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.93
Annual report — provinces 45.93 (1) The Commission shall, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, 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, how those complaints were disposed of, if applicable, 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 (2) 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. 78
Royal Canadian Mounted Police Act — R-10 45.94
Application of certain provisions 45.94 (1) Sections 45.53 to 45.78, other than subsection 45.57(2) and sections 45.62 and 45.75, apply in this Part with the following modifications and the modifications that the circumstances require: (a) a reference to the Commissioner is to be read as a reference to the Central Authority; (b) a reference to a member or other person whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint; (c) a reference to a member or other person appointed or employed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer; (d) a reference to Part IV in subsection 45.53(3) is to be read as a reference to Part IV or to the law of a province, of the United States or of a state of the United States that is comparable to Part IV; (e) a reference to the Force, other than in subsection 45.53(11), section 45.6, subsections 45.61(1) to (3), paragraph 45.71(3)(b) and section 45.78, is to be read as a reference to the Central Authority; (f) a reference to the Force in section 45.6, subsections 45.61(1) to (3) and paragraph 45.71(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint; (g) a reference to the Force in subsection 45.53(11) and section 45.78 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint; (h) a reference to a member or other person in subsection 45.57(1) or to a member in subsection 45.65(6) is to be read as a reference to a designated officer; and (i) a reference to this Act or the Witness Protection Program Act in subsections 45.53(1) and 45.59(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act . Disclosure and use for disciplinary purposes (2) Representations referred to in subsection 45.57(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint shall be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint: (a) any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act ; or (b) the person designated as the Central Authority for the United States for the purpose of implementing the Agreement as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.95
Joint investigations, etc. 45.95 (1) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada. Regulations (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1). 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.96
Rules 45.96 The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.97
Final reports 45.97 The Chairperson of the Commission shall send any report referred to in subsection 45.72(2) or 45.76(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.98
Application of certain provisions 45.98 Sections 45.8 to 45.87 apply in this Part, with a modification in section 45.8 to read the reference to the Commissioner as a reference to the Central Authority, and with the modifications that the circumstances require. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.99
Notification 45.99 When the Central Authority notifies a designated authority under section 45.8 of a serious incident, the Central Authority shall also notify the Commissioner of it. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 45.991
Notification — investigative body 45.991 (1) If an investigation is commenced in respect of a serious incident, the Commissioner shall, as soon as feasible after that commencement, advise the Central Authority of the investigative body or the police force responsible for the investigation. Notification — observer (2) If the Commissioner becomes aware that an observer has been appointed by a designated authority or the Commission to assess the impartiality of an investigation of a serious incident, the Commissioner shall, as soon as feasible after becoming aware of it, advise the Central Authority of the appointment. Notification — recommendations, etc. (3) The Commissioner shall send to the Central Authority, as soon as feasible, (a) any recommendations referred to in section 45.84 that the Force receives from an observer under this Part; (b) any report referred to in subsection 45.85(1) that is provided to the Commissioner by an observer under this Part; and (c) any response referred to in subsection 45.85(2) that the Commissioner provides under this Part. 2013, c. 18, s. 78
Royal Canadian Mounted Police Act — R-10 46
Definition of board 46 (1) In this section and sections 47 to 47.3, board means (a) a board of inquiry appointed under section 24.1; (b) a conduct board appointed under section 43 or 44; and (c) the Committee, except for the purposes of subsection (4). Definition of board — sections 47.1 to 47.3 (1.1) In sections 47.1 to 47.3, board includes the Commission. Proceedings (2) All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit. Witness fees (3) Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court. Rules (4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act. Idem (5) The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4). R.S., 1985, c. R-10, s. 46; R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, ss. 36, 77
Royal Canadian Mounted Police Act — R-10 47
Immunity 47 No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board. R.S., 1985, c. R-10, s. 47; R.S., 1985, c. 8 (2nd Supp.), s. 18
Royal Canadian Mounted Police Act — R-10 47.01
Immunity 47.01 No criminal, civil or administrative action or proceeding lies against a conduct authority, or any person appointed as a member of a conduct board, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under Part IV. 2013, c. 18, s. 37
Royal Canadian Mounted Police Act — R-10 47.1
Representation 47.1 (1) Subject to any rules made under subsection (3) a member or a conduct authority may be represented or assisted by any person in any (a) presentation of a grievance under Part III; (b) proceeding before a board; or (c) appeal under subsection 45.11(1) or (3). Privilege (2) If a member or conduct authority is represented or assisted by another person, communications passing in confidence between them in relation to the grievance, proceeding or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member or the conduct authority and their legal counsel. Rules (3) The Commissioner may make rules prescribing (a) the persons or classes of person who may not represent or assist a member or conduct authority; and (b) the circumstances in which a person may not represent or assist a member or conduct authority. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 37
Royal Canadian Mounted Police Act — R-10 47.3
Legal proceedings 47.3 Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though (a) the proceeding were a legal proceeding; and (b) the board were a judge, justice or other presiding officer. R.S., 1985, c. 8 (2nd Supp.), s. 18
Royal Canadian Mounted Police Act — R-10 47.4
Extensions of time limitations 47.4 (1) If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected by the extension, extend the time limited by any of subsections 31(2), 41(2), 42(2) and 44(1), for the doing of any act described in that subsection and specify terms and conditions in connection with the extension. Exception (1.1) The notice shall not be given if, in the Commissioner’s opinion, giving it might compromise or hinder any investigation of an offence under an Act of Parliament. Reference to time (2) Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 38
Royal Canadian Mounted Police Act — R-10 47.5
Evidence not admissible 47.5 No evidence that a conduct measure has been imposed under Part IV against a member shall be used or receivable against the member in any criminal proceedings. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 39
Royal Canadian Mounted Police Act — R-10 48
Bribes, etc. 48 (1) Every person who (a) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] (b) makes any agreement with any member to induce the member in any way to forego the member’s duty, or (c) concerts or connives at any act whereby any rule, order or regulation made under Part I may be evaded, is guilty of an offence punishable on summary conviction. (2) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] R.S., 1985, c. R-10, s. 48; R.S., 1985, c. 8 (2nd Supp.), ss. 19, 24(E)
Royal Canadian Mounted Police Act — R-10 49
Unlawful use of name of Force 49 (1) Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses (a) the name of the Force or any abbreviation thereof or any words or letters likely to be mistaken therefor, (b) any picture or other representation of a member of the Force, or (c) any mark, badge or insignia of the Force, as all or any part of the name of any corporation, company, partnership or unincorporated association, in any advertising, for any business or trade purpose, or in such a way as to represent or imply that the Force uses or approves or endorses the use of any goods or services. Personation of former member (2) Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction. Consent to prosecution (3) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister. R.S., 1985, c. R-10, s. 49; R.S., 1985, c. 8 (2nd Supp.), s. 20
Royal Canadian Mounted Police Act — R-10 50
Attendance of witnesses, etc. 50 (1) Every person commits an offence punishable on summary conviction who (a) on being duly summoned as a witness or otherwise under this Act, makes default in attending; (b) being in attendance as a witness in any proceeding under this Act, (i) refuses to take an oath or solemn affirmation required of that person, (ii) refuses to produce any document or thing under that person’s control or in that person’s possession and required to be produced by that person, or (iii) refuses to answer any question; (c) at any proceeding under this Act uses insulting or threatening language or causes any interference or disturbance; (d) without lawful justification or excuse, prints observations or uses words in relation to an ongoing criminal, civil or administrative action or proceeding with intent (i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or (ii) to dissuade a witness in any proceedings before an entity referred to in subparagraph (i) from testifying; or (e) fails to comply with an order made under subsection 45.1(7). Exception (1.1) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act . Punishment (2) Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both. R.S., 1985, c. R-10, s. 50; R.S., 1985, c. 8 (2nd Supp.), s. 21; 2013, c. 18, ss. 40, 77, 78, 83, 84
Royal Canadian Mounted Police Act — R-10 50.1
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 or VII.2; (b) harass, intimidate or threaten (i) an individual who makes a complaint under Part VII or VII.2, (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 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 (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. Punishment (2) Every person who contravenes subsection (1) commits an offence and is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2012, c. 19, s. 370; 2013, c. 18, ss. 40, 77, 83, 84
Royal Canadian Mounted Police Act — R-10 50.2
Offence — failure to comply 50.2 (1) Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(4) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. Defence (2) No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence. 2013, c. 18, ss. 40, 77
Royal Canadian Mounted Police Act — R-10 50.3
Offence to disclose certain information 50.3 Every person who contravenes subsection 45.47(1) or section 45.48 or 45.86 is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2013, c. 18, ss. 40, 77
Royal Canadian Mounted Police Act — R-10 51
Punishment 51 Every person who is convicted of an offence under this Part, except under sections 50 to 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both. R.S., 1985, c. R-10, s. 51; 2013, c. 18, ss. 40, 77