C-60
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-60
An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America
first reading, November 27, 2009
MINISTER OF PUBLIC SAFETY
90542
SUMMARY
This enactment implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO IMPLEMENT THE FRAMEWORK AGREEMENT ON INTEGRATED CROSS-BORDER MARITIME LAW ENFORCEMENT OPERATIONS BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
SHORT TITLE
1.       Keeping Canadians Safe (Protecting Borders) Act
INTERPRETATION
2.       Definitions
PURPOSE
3.       Purpose
PRINCIPLES
4.       Statement
CENTRAL AUTHORITY FOR CANADA
5.       Designation
6.       Direction and management
7.       Appointment of officers from Canada
8.       Appointment of officers from United States
9.       Suspension or revocation
10.       Recommendation for appointment
POWERS OF DESIGNATED OFFICERS
11.       Status as peace officer
DETENTION OF PERSONS
12.       Persons taken into custody
SEIZURE
13.       Vessel, etc., seized in Canada
14.       Vessel, etc., seized in United States
15.       Non-application of certain laws
PUBLIC COMPLAINTS
16.       Complaints
17.       Informal disposition
18.       Reference to Commission
19.       Review by Commission Chairman
20.       Complaints initiated by Commission Chairman
21.       Institution of hearing or investigation
22.       Hearing
23.       Commission
24.       Review of complaint
25.       Record
CONSEQUENTIAL AMENDMENTS
26.       Criminal Code
27–28.       Customs Act
29.       Export and Import Permits Act
30.       Immigration and Refugee Protection Act
31–32.       Royal Canadian Mounted Police Act
COMING INTO FORCE
33.       Order in council
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-60
An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Keeping Canadians Safe (Protecting Borders) Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“Agreement”« accord »
“Agreement” means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
“Commission”« Commission »
“Commission” means the Royal Canadian Mounted Police Public Complaints Commission established by section 45.29 of the Royal Canadian Mounted Police Act.
“designated officer”« agent désigné »
“designated officer” means an individual appointed as a cross-border maritime law enforcement officer by
(a) the Central Authority for Canada under subsection 7(1) or 8(1); and
(b) the person designated as the Central Authority for the United States for the application of the Agreement.
“integrated cross-border operation”« opération intégrée transfrontalière »
“integrated cross-border operation” means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States.
“Minister”« ministre »
“Minister” means the Minister of Public Safety and Emergency Preparedness.
PURPOSE
Purpose
3. The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations.
PRINCIPLES
Statement
4. It is recognized and declared that
(a) Canada and the United States have a common interest in the security of the undisputed areas of the sea or internal waters along the international boundary between Canada and the United States;
(b) integrated cross-border operations must
(i) respect the sovereignty of Canada and the United States,
(ii) be conducted in accordance with the rule of law, and
(iii) be intelligence-driven, based on threat and risk assessments conducted jointly by Canada and the United States and coordinated with existing cooperative cross-border policing programs and activities; and
(c) in Canada, integrated cross-border operations must be conducted in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
CENTRAL AUTHORITY FOR CANADA
Designation
5. For the purposes of implementing the Agreement, the Central Authority for Canada is the Commissioner of the Royal Canadian Mounted Police, or, other than for the purposes of subsections 17(2) and 24(1) and (2), his or her delegate.
Direction and management
6. The Central Authority for Canada has, in cooperation with the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, responsibility for the direction and management of integrated cross-border operations.
Appointment of officers from Canada
7. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is
(a) a member of the Royal Canadian Mounted Police;
(b) a police officer appointed or employed under the law of a province; or
(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the Royal Canadian Mounted Police or a police service established under the law of a province and that is used to provide aerial support in an integrated cross-border operation.
Criterion for appointment
(2) An individual may only be appointed under subsection (1) if they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.
Appointment of officers from United States
8. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is
(a) a commissioned, warrant or petty officer of the United States Coast Guard;
(b) a police officer or other law enforcement officer appointed or employed under the law of the United States or of a state of the United States; or
(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the United States Coast Guard or a police service, or other law enforcement agency of the United States or of a state of the United States, and that is used to provide aerial support in an integrated cross-border operation.
Criteria for appointment
(2) An individual may only be appointed under subsection (1) if
(a) they have been recommended for appointment by the person designated as the Central Authority for the United States for the application of the Agreement; and
(b) they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.
Suspension or revocation
9. The Central Authority for Canada may suspend or revoke the appointment of any designated officer.
Recommendation for appointment
10. The Central Authority for Canada may recommend, to the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, that an individual described in paragraph 7(1)(a), (b) or (c) be appointed as a cross-border maritime law enforcement officer in the United States.
POWERS OF DESIGNATED OFFICERS
Status as peace officer
11. In the course of an integrated cross-border operation, every designated officer is a peace officer in every part of Canada and has the same power to enforce an Act of Parliament as a member of the Royal Canadian Mounted Police.
DETENTION OF PERSONS
Persons taken into custody
12. (1) The laws of Canada apply to any person detained or taken into custody within Canada in the course of an integrated cross-border operation.
Removal from Canada
(2) No person referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.
SEIZURE
Vessel, etc., seized in Canada
13. (1) The laws of Canada apply to any vessel or other thing seized within Canada in the course of an integrated cross-border operation.
Removal from Canada
(2) Subject to subsection (3), no vessel or other thing referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.
Exception
(3) A vessel or other thing referred to in subsection (1) may be removed from Canada in situations of operational or geographical necessity, including situations in which
(a) before delivering the vessel or thing to the place where it is to be delivered in Canada, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of the United States;
(b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of the United States in order to reach the nearest port; or
(c) the navigable shipping channels between the location in Canada where the vessel or thing was seized and the place where the vessel or thing is to be delivered in Canada pass through the waters of the United States.
Vessel, etc., seized in United States
14. A vessel or other thing seized in the United States in the course of an integrated cross-border operation remains in the custody and control of the American designated officer if it is brought into Canada in situations of operational or geographical necessity, including situations in which
(a) before delivering the vessel or thing to the place where it is to be delivered in the United States, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of Canada;
(b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of Canada in order to reach the nearest port; or
(c) the navigable shipping channels between the location in the United States where the vessel or thing was seized and the place where the vessel or thing is to be delivered in the United States pass through the waters of Canada.
Non-application of certain laws
15. No Act of Parliament relating to the import or export of goods applies to the import or export of a vessel or other thing by a designated officer in the circumstances described in subsection 13(3) or section 14.
PUBLIC COMPLAINTS
Complaints
16. (1) Any member of the public having a complaint concerning the conduct of any designated officer in the performance of any duty or function in the course of an integrated cross-border operation may make a complaint to the Commission, whether or not that member of the public is affected by the subject matter of the complaint.
Acknowledgment of complaint
(2) The Commission must acknowledge the receipt of every complaint under subsection (1) in writing.
Notification — Central Authority
(3) The Commission must notify the Central Authority for Canada of every complaint made under subsection (1).
Notification — designated officer
(4) On being notified of a complaint under subsection (3), the Central Authority for Canada must notify, in writing, the designated officer whose conduct is the subject matter of the complaint of the substance of the complaint.
Informal disposition
17. (1) The Central Authority for Canada must consider whether a complaint under subsection 16(1) can be disposed of informally and, with the consent of the complainant and the designated officer whose conduct is the subject matter of the complaint, may attempt to so dispose of the complaint.
Rules
(2) The Central Authority for Canada may make rules relating to the informal disposition of complaints made under subsection 16(1).
Inadmissibility
(3) An answer or statement made in the course of attempting to dispose of a complaint informally, by the complainant or the designated officer whose conduct is the subject matter of the complaint may only be used or received against that person in
(a) a criminal prosecution under section 132 or 136 of the Criminal Code; or
(b) a civil or administrative proceeding over which Parliament has jurisdiction and in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.
Record of informal disposition
(4) If a complaint is disposed of informally, a record is to be made of the manner in which the complaint was disposed of, the complainant’s agreement to the disposition must be signified in writing by the complainant and the designated officer whose conduct is the subject matter of the complaint must be informed of the disposition.
Referral to the Commission
(5) If a complaint is not disposed of informally, the Central Authority for Canada must give notice in writing to the complainant of their right to refer the complaint to the Commission for review and must send a copy of the notice to the designated officer whose conduct is the subject matter of the complaint.
Right to refuse or terminate
(6) Despite any other provision of this Act, the Central Authority for Canada may direct that no attempt to dispose of a complaint informally be commenced or that such an attempt be terminated if, in the opinion of the Central Authority for Canada,
(a) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided under any other Act of Parliament;
(b) the complaint is trivial, frivolous, vexatious or made in bad faith; or
(c) having regard to all the circumstances, such an attempt is not necessary or reasonably practicable.
Notification of direction
(7) If the Central Authority for Canada makes a direction in respect of a complaint under subsection (6), the Central Authority must give notice in writing to the complainant and the designated officer whose conduct is the subject matter of the complaint of the direction, the reasons for it and the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the direction.
Reference to Commission
18. (1) A complainant under subsection 16(1) whose complaint is not disposed of informally or who is not satisfied with a direction made under subsection 17(6) in respect of the complaint may refer the complaint in writing to the Commission for review.
Material to be furnished
(2) If a complainant refers a complaint to the Commission under subsection (1),
(a) the Commission Chairman must furnish the Central Authority for Canada with a copy of the complaint; and
(b) the Central Authority for Canada must furnish the Commission Chairman with the notice in respect of the complaint under subsection 17(5) or (7), as the case may be, and any other materials under the control of the Central Authority for Canada that are relevant to the complaint.
Review by Commission Chairman
19. (1) The Commission Chairman must review every complaint referred to the Commission under subsection 18(1) unless the Commission Chairman has previously investigated, or instituted a hearing to inquire into, the complaint under section 21.
Report by Commission Chairman
(2) If, after reviewing a complaint, the Commission Chairman is satisfied with the disposition of the complaint by the Central Authority for Canada under subsection 17(6), the Commission Chairman must prepare and send a report in writing to that effect to the Minister, the Central Authority for Canada, the complainant and the designated officer whose conduct is the subject matter of the complaint.
Action by Commission Chairman
(3) After reviewing a complaint, the Commission Chairman may, unless satisfied with the disposition of the complaint by the Central Authority for Canada under subsection 17(6),
(a) prepare and send to the Minister and the Central Authority for Canada a report in writing setting out any findings and recommendations with respect to the complaint that the Commission Chairman sees fit;
(b) investigate the complaint; or
(c) institute a hearing to inquire into the complaint.
Joint investigation
(4) An investigation under paragraph (3)(b) may be carried out jointly with a body designated by the Commission Chairman.
Complaints initiated by Commission Chairman
20. (1) If the Commission Chairman is satisfied that there are reasonable grounds to investigate the conduct of any designated officer in the performance of any duty or function in the course of an integrated cross-border operation, the Commission Chairman may initiate a complaint in relation to that conduct.
Notification — Central Authority for Canada and Minister
(2) The Commission Chairman must notify the Minister and the Central Authority for Canada of any complaint initiated under subsection (1).
Notification — designated officer
(3) On being notified of a complaint under subsection (2), the Central Authority for Canada must notify in writing the designated officer whose conduct is the subject matter of the complaint of the substance of the complaint.
Action by Commission Chairman
(4) After initiating a complaint, the Commission Chairman may
(a) investigate the complaint; or
(b) institute a hearing to inquire into the complaint.
Joint investigation
(5) An investigation under paragraph (4)(a) may be carried out jointly with a body designated by the Commission Chairman.
Institution of hearing or investigation
21. (1) If the Commission Chairman considers it advisable in the public interest, the Commission Chairman may investigate, or institute a hearing to inquire into, a complaint concerning the conduct of any designated officer in the performance of any duty or function in the course of an integrated cross-border operation whether or not the complaint has been reported on or otherwise dealt with under this Act.
Report on investigation
(2) On completion of an investigation under subsection (1) or paragraph 19(3)(b) or 20(4)(a), the Commission Chairman must prepare and send to the Minister and the Central Authority for Canada a report in writing setting out any findings and recommendations with respect to the complaint that the Commission Chairman sees fit unless the Commission Chairman has instituted, or intends to institute, a hearing to inquire into the complaint under subsection (1) or paragraph 19(3)(c) or 20(4)(b).
Hearing
22. If the Commission Chairman decides to institute a hearing to inquire into a complaint under paragraph 19(3)(c) or 20(4)(b) or subsection 21(1), the Commission Chairman must assign one or more members of the Commission to conduct the hearing and send a notice in writing of the decision to the Minister, the Central Authority for Canada, the designated officer whose conduct is the subject matter of the complaint and, in the case of a complaint under subsection 16(1), the complainant.
Commission
23. (1) For the purposes of this section, the member or members conducting a hearing to inquire into a complaint are deemed to be the Commission.
Notice
(2) The Commission must serve a notice in writing of the time and place appointed for a hearing on the parties.
Sittings of Commission
(3) If a party wishes to appear before the Commission, the Commission is to sit at any place in Canada and at any time that may be fixed by the Commission, having regard to the convenience of the parties.
Commission’s powers
(4) The Commission has, in relation to the complaint before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c) of the Royal Canadian Mounted Police Act.
Interested persons’ rights
(5) 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 must be afforded a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing.
Representation of witnesses
(6) The Commission must permit any person who gives evidence at a hearing to be represented by counsel.
Restriction
(7) Despite subsection (4), the Commission may not receive or accept
(a) subject to subsection (8), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;
(b) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2), 45.1(11), 45.22(8) or 45.45(9) of the Royal Canadian Mounted Police Act;
(c) any answer or statement made in response to a question described in subsection (8) in any hearing under this section into any other complaint; or
(d) any answer or statement made in the course of attempting to dispose of a complaint under section 17.
Witness not excused from testifying
(8) In a hearing, a witness is not to be excused from answering any question or producing any document or thing relating to the complaint before the Commission when required to do so by the Commission on the ground that the answer to the question or the document or thing produced may tend to incriminate the witness or subject the witness to any proceeding or penalty.
Inadmissibility
(9) An answer or statement made, or document or thing produced, in response to a question described in subsection (8), or evidence derived from that evidence, may only be used or received against the witness in
(a) a criminal prosecution under section 132 or 136 of the Criminal Code; or
(b) a civil or administrative proceeding over which Parliament has jurisdiction and in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.
Hearing in public
(10) A hearing to inquire into a complaint must be held in public, except that the Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed:
(a) information the disclosure of which could reasonably be expected to be injurious to international relations, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities;
(b) information the disclosure of which could reasonably be expected to be injurious to law enforcement; and
(c) information respecting a person’s financial or personal affairs if that person’s interest or security outweighs the public’s interest in the information.
Return of documents, etc.
(11) Any document or thing produced under this section to the Commission must, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the final report under subsection 24(3).
Expenses
(12) If the Commission sits at a place in Canada that is not the ordinary place of residence of the designated officer whose conduct is the subject matter of the complaint, of the complainant or of the counsel of that designated officer or that complainant, that designated officer, complainant or counsel is entitled, in the discretion of the Commission, to receive any travel and living expenses incurred by the designated officer, complainant or counsel in appearing before the Commission that may be fixed by the Treasury Board.
Interim report
(13) On completion of a hearing, the Commission must prepare and send to the Minister and the Central Authority for Canada a written report setting out the Commission’s findings and recommendations with respect to the complaint.
Definition of “parties”
(14) In this section and section 24, “parties” means the designated officer whose conduct is the subject matter of a complaint and, in the case of a complaint under subsection 16(1), the complainant.
Review of complaint
24. (1) On receipt of a report under paragraph 19(3)(a) or subsection 21(2) or 23(13), the Central Authority for Canada must review the complaint in light of the findings and recommendations set out in the report.
Decision of Central Authority
(2) After reviewing a complaint in accord- ance with subsection (1), the Central Authority for Canada must notify the Minister and the Commission Chairman in writing of any action that has been or will be taken with respect to the complaint, and if the Central Authority decides not to act on any findings or recommendations set out in the report, the Central Authority must include in the notice the reasons for not so acting.
Final report
(3) After considering a notice under subsection (2), the Commission Chairman must prepare and send to the Minister, the Central Authority for Canada and the parties a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission Chairman sees fit.
Record
25. The Central Authority for Canada must
(a) establish and maintain a record of all complaints received by the Central Authority for Canada under this Act; and
(b) on request, make available to the Commission any information contained in the record.
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46
Criminal Code
26. The definition “peace officer” in section 2 of the Criminal Code is amended by adding the following after paragraph (c):
Explanatory NotesCriminal Code
Clause 26: Relevant portion of definition:
“peace officer” includes
Notes explicativesCode criminel
Article 26 : Texte du passage visé de la définition :
« agent de la paix »
(c.1) a designated officer within the meaning of section 2 of the Keeping Canadians Safe (Protecting Borders) Act, when acting in the course of an integrated cross-border operation within the meaning of that section,
R.S., c. 1 (2nd Supp.)
Customs Act
2001, c. 25, s. 10(2)
27. Paragraphs 11(6)(a) and (b) of the Customs Act are replaced by the following:
Customs Act
Clause 27: Existing text of subsection 11(6):
(6) Subsection (1) does not apply to a person who
(a) holds an authorization issued by the Minister under subsection 11.1(1) to present himself or herself in a prescribed alternative manner and who has presented himself or herself in the manner authorized for that person; or
(b) is a member of a prescribed class of persons authorized by regulations made under subsection 11.1(3) to present himself or herself in a prescribed alternative manner and who has presented himself or herself in the manner authorized for that class.
Loi sur les douanes
Article 27 : Texte du paragraphe 11(6) :
(6) Le paragraphe (1) ne s’applique pas à la personne qui, selon le cas :
a) est autorisée par le ministre, en vertu du paragraphe 11.1(1), à se présenter selon un mode substitutif réglementaire et s’est présentée selon le mode autorisé;
b) est membre d’une catégorie de personnes réglementaire qui est autorisée par un règlement pris en vertu du paragraphe 11.1(3), à se présenter selon un mode substitutif réglementaire et s’est présentée selon le mode autorisé.
(a) holds an authorization issued by the Minister under subsection 11.1(1) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that person; or
(b) is a member of a prescribed class of persons authorized by regulations made under subsection 11.1(3) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that class.
2001, c. 25, s. 11
28. Paragraph 11.1(3)(a) of the Act is replaced by the following:
Clause 28: Relevant portion of subsection 11.1(3):
(3) The Governor in Council may make regulations
(a) prescribing classes of persons who may be authorized to present themselves in alternative manners;
Article 28 : Texte du passage visé du paragraphe 11.1(3) :
(3) Le gouverneur en conseil peut prendre des règlements :
a) désignant les catégories de personnes qui peuvent être autorisées à se présenter selon un mode substitutif;
(a) prescribing classes of persons who are, and classes of persons who may be, authorized to present themselves in alternative manners;
R.S., c. E-19
Export and Import Permits Act
29. Section 12 of the Export and Import Permits Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph:
Export and Import Permits Act
Clause 29: Relevant portion of section 12:
12. The Governor in Council may make regulations
Loi sur les licences d’exportation et d’importation
Article 29 : Texte du passage visé de l’article 12 :
12. Le gouverneur en conseil peut, par règlement :
(e.1) respecting conditions applicable to any exemption prescribed under paragraph (e); and
2001, c. 27
Immigration and Refugee Protection Act
30. Section 26 of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (a):
Immigration and Refugee Protection Act
Clause 30: Relevant portion of section 26:
26. The regulations may provide for any matter relating to the application of sections 18 to 25, and may include provisions respecting
Loi sur l’immigration et la protection des réfugiés
Article 30 : Texte du passage visé de l’article 26 :
26. Les règlements régissent l’application des articles 18 à 25 et portent notamment sur :
(a.1) any alternative manner in which a designated officer within the meaning of section 2 of the Keeping Canadians Safe (Protecting Borders) Act may appear for examination for the purposes of subsection 18(1), including by any means of telecommunication or through an intermediary using such means, as well as the circumstances in which and the time within which they may appear in that alternative manner;
R.S., c. R-10
Royal Canadian Mounted Police Act
R.S., c. 8 (2nd Supp.), s. 16
31. Section 45.32 of the Royal Canadian Mounted Police Act is replaced by the following:
Royal Canadian Mounted Police Act
Clause 31: Existing text of section 45.32:
45.32 (1) The Commission shall carry out such functions and duties as are assigned to it by this Act.
(2) The Commission Chairman shall carry out such functions and duties as are assigned to the Commission Chairman by this Act.
Loi sur la Gendarmerie royale du Canada
Article 31 : Texte de l’article 45.32 :
45.32 (1) La Commission exerce les fonctions que lui attribue la présente loi.
(2) Le président de la Commission exerce les fonctions que lui attribue la présente loi.
Duties of Commission
45.32 (1) The Commission shall carry out the functions and duties that are assigned to it by this Act and the Keeping Canadians Safe (Protecting Borders) Act.
Duties of Commission Chairman
(2) The Commission Chairman shall carry out the functions and duties that are assigned to the Commission Chairman by this Act and the Keeping Canadians Safe (Protecting Borders) Act.
R.S., c. 8 (2nd Supp.), s. 16
32. Paragraphs 45.33(b) to (d) of the Act are replaced by the following:
Clause 32: Relevant portion of section 45.33:
45.33 Subject to this Act, the Commission may make rules respecting
... 
(b) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;
(c) the apportionment of the work of the Commission among its members and the assignment of members to review complaints referred to the Commission; and
(d) the performance of the duties and functions of the Commission under this Act generally.
Article 32 : Texte du passage visé de l’article 45.33 :
45.33 Sous réserve des autres dispositions de la présente loi, la Commission peut établir des règles concernant :
[...] 
b) de façon générale, l’expédition de ses affaires et des questions dont elle est saisie, y compris la pratique et la procédure qui lui sont applicables;
c) la répartition de ses travaux entre ses membres et la désignation de ces derniers pour examiner les plaintes dont elle est saisie;
d) de façon générale, l’exercice des fonctions que la présente loi lui attribue.
(b) the manner of dealing with matters and business before the Commission under this Act and the Keeping Canadians Safe (Protecting Borders) Act generally, including the practice and procedure before the Commission;
(c) the apportionment of the work of the Commission among its members and the assignment of members to review complaints referred to the Commission under this Act and the Keeping Canadians Safe (Protecting Borders) Act; and
(d) the performance of the duties and functions of the Commission under this Act and the Keeping Canadians Safe (Protecting Borders) Act generally.
COMING INTO FORCE
Order in council
33. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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