Royal Canadian Mounted Police Act — R-10 45.73
Hearing 45.73 (1) If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. Deeming (2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission. Meaning of parties (3) In this section, parties means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of the complaint and the complainant. Notice (4) The Commission shall serve a notice in writing of the time and place set for the hearing on the parties. Sittings of Commission (5) The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission. Hearings in public (6) A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion (a) that information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities will likely be disclosed during the course of the hearing; (b) that information that could reasonably be expected to be injurious to law enforcement will likely be disclosed during the course of the hearing; (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; (d) that information that could reasonably be expected to reveal privileged information, as defined in subsection 45.4(1), will likely be disclosed during the course of the hearing; or (e) that it is otherwise required by the circumstances of the case. Rights of persons interested (7) The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing. Representation of witnesses (8) The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel. Designated officer (9) The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person. Privilege (10) If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel. Expenses (11) If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission. 2013, c. 18, ss. 35, 77