C-38
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-38
An Act to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts
first reading, June 14, 2010
MINISTER OF PUBLIC SAFETY
90569
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts”.
SUMMARY
This enactment amends the Royal Canadian Mounted Police Act to establish a new civilian review body to replace the existing Royal Canadian Mounted Police Public Complaints Commission, to improve the current complaints system and to establish certain requirements with respect to the investigation of serious incidents involving the conduct of individual members and others.
The Royal Canadian Mounted Police Review and Complaints Commission, consisting only of members who are civilians, has additional powers to review and report on the activities of the Force and to investigate the conduct of individual members and others appointed under Part I. The Commission may conduct a review of specified activities of the Force and report to the Minister on the Force’s compliance with applicable Acts, regulations, ministerial directives, policies and procedures. The Commission may also review and report on the activities of the Force in any province or territory that has entered into an arrangement with the Minister for the provision of policing services. The Commission has, for the purpose of conducting those reviews and for conducting investigations and hearings into individual conduct, a new right of access to all information, other than cabinet confidences, that is under the control of the Force or in its possession.
The current complaints system, which provides for complaints from the public as well as those initiated by the Chair of the Commission, has been improved by increasing the powers of the Commission and the involvement of individual complainants in the process. In addition to the new right of access to information, the Commission has the same powers as a superior court of record to compel and enforce the production of oral and written evidence relating to a complaint. The involvement of complainants is increased by permitting representations regarding the impact of the misconduct to be made and by providing the complainant with a right to receive regular updates on the progress of any investigation.
A new Part is added to the Act to establish certain requirements relating to serious incidents involving the conduct of individual members and others. If a provincial authority designates a special investigative unit or independent police force to investigate such a serious incident, the Force is required to refer its investigation of the incident to that investigative body or police force. The Force will only investigate a serious incident if no such designation is made and the Force, after reasonable efforts, is unable to identify an investigative body or another police force to investigate. Observers may be appointed to review and report on the impartiality of an investigation of a serious incident by the Force or another police force.
Finally, the enactment makes consequential amendments to other Acts.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-38
An Act to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts
Preamble
Whereas Canadians should have confidence in their national police force;
Whereas civilian review is a vital tool to promote transparency and public accountability of law enforcement;
Whereas civilian review should enhance the accountability of the Royal Canadian Mounted Police to provincial governments that have entered into arrangements with the Minister of Public Safety and Emergency Preparedness for the use or employment of the Royal Canadian Mounted Police;
And whereas all Canadians should have access to civilian review of the Royal Canadian Mounted Police;
Now, therefore, 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 Ensuring the Effective Review of RCMP Civilian Complaints Act.
R.S., c. R-10
ROYAL CANADIAN MOUNTED POLICE ACT
R.S., c. 8 (2nd Supp.), s. 1
2. (1) The definitions “Commission Chairman” and “Committee Chairman” in subsection 2(1) of the English version of the Royal Canadian Mounted Police Act are repealed.
R.S., c. 8 (2nd Supp.), s. 1
(2) The definition “Commission” in subsection 2(1) of the Act is replaced by the following:
“Commission”« Commission »
“Commission” means the Royal Canadian Mounted Police Review and Complaints Commission established by subsection 45.29(1);
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“proceedings”« procédure »
“proceedings”, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII.
R.S., c. 8 (2nd Supp.), s. 2(2)
3. Subsection 5(2) of the Act is replaced by the following:
Delegation
(2) The Commissioner may delegate to any member any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under section 32 (in relation to any type of grievance prescribed under subsection 33(4)), subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.38(4) and 45.39(10).
4. (1) Section 24.1 of the Act is amended by adding the following after subsection (1):
Clarification
(1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.
R.S., c. 8 (2nd Supp.), s. 15
(2) Paragraph 24.1(6)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(11), 45.22(8) or 45.63(2);
R.S., c. 8 (2nd Supp.), s. 15
(3) Paragraph 24.1(6)(d) of the Act is replaced by the following:
(d) any answer or statement made in the course of attempting to dispose of a complaint under section 45.54.
5. The Act is amended by adding the following after section 42:
Representations
42.1 When representations have been received under subsection 45.55(3), the person who made them shall, as soon as possible after the expiry of the time within which an appeal may be taken or after an appeal is disposed of, be notified of the decision and of what disciplinary action, if any, will be taken against the member.
6. The Act is amended by adding the following after section 45.16:
Representations
45.161 When representations have been received under subsection 45.55(3), the person who made them shall, as soon as possible after the expiry of the time within which an appeal may be taken or after an appeal is disposed of, be notified of the decision and of what disciplinary action, if any, will be taken against the member.
R.S., c. 8 (2nd Supp.), s. 16; 1996, c. 15, ss. 22 and 23; 2003, c. 22, s. 217(E)
7. Parts VI and VII of the Act are replaced by the following:
PART VI
ROYAL CANADIAN MOUNTED POLICE REVIEW AND COMPLAINTS COMMISSION
Establishment and Organization
Establishment
45.29 (1) The Royal Canadian Mounted Police Review and Complaints Commission is established consisting of a Chair and not more than four other members, one of whom may be a Vice-chair, appointed by the Governor in Council.
Ineligibility
(2) No person may be a member of the Commission if that person
(a) is a member, or was formerly a member, of the Force; or
(b) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Appointment consideration
(3) The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission.
Reappointment
(4) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.
Full- or part-time
45.3 (1) The Chair is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.
Tenure
(2) Each member of the Commission holds office during good behaviour for a term not exceeding five years but may be removed for cause at any time by the Governor in Council.
Travel, living and other expenses
(3) Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
Benefits of full-time members
(4) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Chair
45.31 (1) The Chair is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.
Delegation
(2) The Chair may delegate to the Vice-chair or, if no Vice-chair has been appointed, any other member of the Commission any of the Chair’s powers, duties or functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.38(4), 45.39(10), 45.45(2) and 45.85(3).
Absence or incapacity
(3) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the Minister may authorize the Vice-chair, if one has been appointed, to exercise the powers and perform the duties and functions of the Chair.
Head office
45.32 (1) The head office of the Commission shall be in Ottawa.
Regional offices
(2) The Commission may establish an office in any region of Canada.
Staff
(3) The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.
Technical assistance
(4) The Commission may
(a) engage, on a temporary basis, the serv- ices of persons having technical or special- ized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the carrying out of its powers, duties and functions under this Act; and
(b) fix and pay, with the approval of the Treasury Board, the remuneration and expenses of persons engaged under paragraph (a).
8. The Act is amended by adding the following after section 45.32:
Powers, Duties and Functions
Powers, duties and functions of the Commission
45.33 The Commission shall carry out the powers, duties and functions that are assigned to it by this Act.
Review and report
45.34 (1) For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review.
Conditions
(2) In order to conduct a review on its own initiative, the Commission shall be satisfied that
(a) sufficient resources exist for conducting the review and the handling of complaints under Part VII will not be compromised; and
(b) no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity with a mandate similar to that of the Commission.
Notice
(3) Before conducting a review on its own initiative, the Commission shall give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (2) have been met and setting out the rationale for conducting the review.
Policies, procedures and guidelines
(4) The Commission shall include in a report prepared under subsection (1) any conclusions and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force.
Copy of report to provincial minister
(5) If there is an arrangement between the government of a province and the Minister under section 20, the Commission may provide a copy of the report to the provincial minister who has primary responsibility for policing in that province.
Review for province
45.35 (1) If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the Force 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 Commissioner with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has primary responsibility for policing in a province.
Conclusions and recommendations
(3) The Commission shall include in its report any conclusions and recommendations that the Commission sees fit regarding
(a) whether the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force; and
(b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force.
Education and information
45.36 The Commission may implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.
Information Provisions
Right of access
45.37 (1) Subject to sections 45.38 and 45.4, the Commission is entitled to have access to any information under the control, or in the possession, of the Force that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Act.
Access to records
(2) The entitlement to access under subsection (1) includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.
Identification
(3) If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.38(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner shall identify the information to the Commission when providing the Commission with access to the information.
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.
Definition of “privileged information”
45.38 (1) In this section and sections 45.39 to 45.46, “privileged information” means information that is subject to any type of privilege that exists and may be claimed, including
(a) information that is protected by the privilege that exists between lawyers or notaries and their client or that is subject to informer privilege;
(b) information that reveals or from which may be inferred the identity or location of a protectee within the meaning of the Witness Protection Program Act or a former protectee;
(c) “special operational information” as defined in subsection 8(1) of the Security of Information Act;
(d) information or intelligence similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition “special operational information” in subsection 8(1) of the Security of Information Act, that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and
(e) medical information about a member or other person appointed or employed under the authority of this Act.
Access to privileged information
(2) Despite any privilege that exists and may be claimed, the Commission is entitled to access to privileged information under the control, or in the possession, of the Force if that information is relevant and necessary to the matter before the Commission when it is conducting a review under section 45.34 or 45.35 or is conducting an investigation, review or hearing under Part VII.
Access to records
(3) The entitlement to access under subsection (2) includes the right to examine all or any part of a record and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record.
Memorandum of understanding
(4) The Chair and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under subsection (2) and principles and procedures to protect that information.
Regulations
(5) The Minister may make regulations respecting procedures that govern the Commission’s access to privileged information under subsection (2) and procedures to protect that information.
Former judge or other individual
45.39 (1) If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.38(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.43(1)(a).
Notice of appointment
(2) The Minister shall provide notice to the Chair and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chair and the Commissioner shall make their representations to the former judge or other individual within 30 days after the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.
Former judge or other individual to have access
(3) The former judge or other individual shall have access to privileged information for the purposes of the review.
Observations
(4) The former judge or other individual shall provide his or her observations to the Chair and the Commissioner
(a) regarding the privileged nature of the information; and
(b) regarding the relevance and necessity of the information to the matter before the Commission.
Prohibition
(5) The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4).
Factors to consider
(6) The former judge or other individual shall, before making any observations, consider the following factors:
(a) the reasons for which the Commission is seeking access to the information; and
(b) whether the need for access can be effectively met by other means.
Time limit
(7) The observations of the former judge or other individual shall be made within 30 days after the expiry of the period referred to in subsection (2) or within any longer period, not exceeding 60 days, that the Minister may permit.
Confidentiality
(8) The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister.
Immunity and no summons
(9) Section 45.48 applies to the former judge or other individual as if he or she were a member of the Commission.
Observations to be taken into account
(10) After receiving the observations of the former judge or other individual, the Chair shall review the original decision to seek access and the Commissioner shall review the original decision to refuse access, taking those observations into account.
Judicial review
(11) No application for judicial review may be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations.
Regulations
(12) The Minister may, by regulation, prescribe categories of individuals for the purposes of subsection (1).
Exceptions
45.4 (1) Despite section 45.38, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals
(a) information relating to a request made by a member or other person appointed or employed under the authority of this Act for legal assistance or indemnification from Her Majesty in right of Canada;
(b) communications referred to in subsection 47.1(2);
(c) information that is protected by the privilege that exists between lawyers or notaries and their client and whose purpose is to provide advice to the Force with respect to its dealings with the Commission, including
(i) legal opinions relating to the way in which the Force should conduct itself in regard to the Commission, and
(ii) minutes of meetings held by the Force concerned with the way the Force should conduct itself in regard to the Commission; and
(d) any report prepared for the purpose of informing the Commissioner of what took place at a meeting held between the Commission and the Force and containing analysis or advice.
Exception — Cabinet confidences
(2) Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.
Use of privileged information
45.41 If the Commission receives access to privileged information in respect of a matter under subsection 45.38(2), the Commission may use that information only in respect of that matter.
Protection of information
45.42 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession.
Duty to comply with regulations
(2) Every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4).
Consultation and approval
(3) If the Commission obtains access to information referred to in subsection 45.37(3) or to privileged information from the Force, every member, officer or employee of the Commission and every other person acting on its behalf shall, before distributing a report or other document and for the purpose of ensuring that the report or other document does not contain that information, consult with and obtain the approval of the Commissioner.
Regulations
(4) The Minister may make regulations respecting measures to protect any information under the control, or in the possession, of the Commission.
Conflict or inconsistency
(5) In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.
Security requirements
45.43 (1) Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.39(1) shall
(a) obtain and maintain the necessary securi- ty clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;
(b) comply with all security requirements under this Part and the Security of Information Act; and
(c) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Regulations
(2) The Minister may, by regulation, prescribe the form of the oath of secrecy referred to in paragraph (1)(a).
Safeguards — third party
45.44 (1) The Commission shall not disclose information referred to in subsection 45.37(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, including measures that are equivalent to the measures required to be taken under subsections 45.42(1) and (4);
(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 45.43; 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.
Duties on third parties
(2) Everyone who has received information referred to in subsection 45.37(3) from the Commission shall take measures to protect that information that are equivalent to the measures referred to in subsections 45.42(1) and (4).
Disclosure by Commission prohibited
45.45 (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 45.38(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 Chair, disclose that information
(a) to the Attorney General of Canada or a province if, in the opinion of the Chair, 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 45.5;
(c) to the Commissioner if, in the opinion of the Chair, the information is required for the purpose of enabling the Commissioner to carry out his or her powers, duties and functions under this Act; and
(d) to a former judge or other individual for the purposes of section 45.39.
Evidence
(3) No member, officer or employee of the Commission or other person acting on its behalf may be required, in connection with any legal proceedings, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.38(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.
Section prevails
(5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.3(1) of the Parliament of Canada Act.
Disclosure by former judge or other individual prohibited
45.46 A former judge or other individual appointed under subsection 45.39(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 45.39(3) or being reckless as to whether the information is such privileged information.
Rules
Rules
45.47 (1) The Commission may make rules respecting
(a) the sittings of the Commission;
(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
(d) 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.
Limitation
(4) Subsection (2) does not apply to a proposed rule that, when made, would be a regulation within the meaning of the Statutory Instruments Act.
Immunity
Protection
45.48 (1) No criminal or civil proceedings lie 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 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 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, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 131 or 136 of the Criminal Code.
Reporting
Special reports
45.49 (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 a report to the Minister under subsection (1), the Commission is not subject to section 45.41 or subsection 45.42(3).
Annual report
45.5 (1) The Chair 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 within the first 15 days that it is sitting after the day the Minister receives it.
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 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, in that province. The Commission shall submit a copy of that report to the Minister and the Commissioner.
PART VII
INVESTIGATION, REVIEW AND HEARING OF COMPLAINTS
Complaints by Public
Complaints by public
45.51 (1) Any individual may make a complaint concerning the conduct, in the perform- ance 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.
Discretion of Commission
(2) The Commission may, in its discretion, refuse to deal with a complaint if the complaint
(a) is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under this Act or any other Act of Parliament;
(b) is trivial, frivolous, vexatious or made in bad faith; or
(c) is from an individual who
(i) is not an individual at whom the conduct was directed,
(ii) is not 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,
(iii) did not see or hear the conduct or its effects as a result of not being physically present at the time and place that the conduct or its effects occurred,
(iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or
(v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct.
Time limit
(3) The complaint shall be made within one year after the time that the conduct is alleged to have occurred or any longer period permitted under subsection (4).
Extension of time limit
(4) The Commission may extend the time limit for making a complaint 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.
Reception of complaint
(5) A complaint shall be made to
(a) the Commission;
(b) any member or other person appointed or employed under Part I; or
(c) the provincial authority that is responsible for the receipt of complaints by the public against police in the province in which the subject matter of the complaint arose.
Assistance
(6) The Commission shall, on the request of an individual who wishes to make a complaint, arrange for the provision of assistance to that individual in making the complaint.
Acknowledgement and notification
(7) As soon as possible after a person or entity referred to in subsection (5) receives a complaint, the person or entity shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Commissioner and to the entities referred to in paragraphs (5)(a) and (c).
Covert operations
(8) The Commission and the Force are authorized to acknowledge or otherwise deal with a complaint 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.
Notice
45.52 As soon as possible 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Withdrawal of Complaints
Withdrawal
45.53 (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 assist- ance to the individual in withdrawing the complaint.
Notice of withdrawal
(3) As soon as possible 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 by the public 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 notice under subsection (3), he or she shall notify 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 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.
Informal Resolution
Informal disposition
45.54 (1) As soon as possible after being notified of a complaint, the Commissioner shall consider whether the complaint can be disposed of 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 dispose of it informally.
Inadmissibility
(2) An answer or statement made in the course of attempting to dispose of 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 131 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 the witness gave the answer or statement knowing it to be false or intending to mislead.
Agreement to informal disposition
(3) If a complaint is disposed of informally, the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to the disposition shall be signified in writing. The Commission shall also be notified of the disposition.
Regulations
(4) The Minister may make regulations respecting the categories of complaints that are not to be disposed of informally by the Commissioner.
Representations
Right to make representations
45.55 (1) If a complaint is made under this Part with respect to the conduct of a member or other person that may not be disposed of informally under section 45.54, the following persons shall be given an opportunity to make representations with respect to the impact of the conduct 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 individ- ual at whom the conduct was directed.
Notice
(2) When the Commission receives representations, it shall notify the Force as soon as possible that the representations have been received.
Disclosure
(3) The Commission or the Force shall disclose the representations for the purposes of disciplinary action under this Act and may disclose any personal information that it received under subsection (1) for those purposes.
Regulations
(4) The Minister may make regulations respecting the making of representations under subsection (1).
Records of complaints
45.56 (1) The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are disposed of informally and those that are withdrawn by the complain- ant.
Making record available
(2) The Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1).
Chair-initiated Complaints
Complaints initiated by Chair
45.57 (1) If the Chair 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 Chair may initiate a complaint in relation to that conduct.
Chair 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 Chair.
Notice to Commissioner and Minister
(3) The Chair 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Investigation of Complaints by the Force
Investigation by the Force
45.58 (1) The Commissioner may direct the Force to investigate, in accordance with the rules made under section 45.6, any complaint made under this Part.
Investigations in private
(2) Every investigation of a complaint by the Force shall be conducted in private.
Clarification
(3) The Force may 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.
Right to refuse or terminate investigation
45.59 (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint if, in the Commissioner’s opinion,
(a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.51(2)(a), (b) or (c) apply; or
(b) having regard to all the circumstances, it is not necessary or reasonably practicable to commence or continue an investigation of the complaint.
Notice to complainant and member
(2) 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 right of the complainant 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
(3) The Commissioner shall notify the Commission of any action he or she takes under this section.
Rules
45.6 The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons and in investigating, disposing of or otherwise dealing with complaints.
Updates with respect to the investigation
45.61 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Report
45.62 As soon as possible after completing an investigation of a complaint, the Commissioner shall prepare and send to the complainant and the member or other person whose conduct is the subject matter of the complaint 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 resolution of the complaint; and
(d) the right of the complainant 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.
Powers of the Commission in Relation to Complaints
Powers
45.63 (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 person shall be excused from answering any question or producing any document or other thing, when required to do so by the Commission, on the grounds that the information or things given by the person may tend to incriminate him or her or subject him or her to any proceeding or penalty.
Inadmissibility
(3) An answer or statement made, or document or thing produced, in response to a question described in subsection (2), or evidence derived from that evidence, may be used or received against the witness only in
(a) a prosecution under section 131 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 the witness gave the answer or statement knowing it to be false or intending to mislead.
Restriction
(4) Despite subsection (1), the Commission may 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), 45.1(11) or 45.22(8);
(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 45.54.
Restriction
(5) Despite paragraph (1)(a), the Commission may not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.38(2).
Witness fees
(6) Any person, 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 persons summoned to attend before the Federal Court.
Investigation by the Commission
Complaints by public
45.64 (1) After receiving or being notified of a complaint made under section 45.51, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chair 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.
Investigations in private
(3) Every investigation of a complaint by the Commission shall be conducted in private.
Right to terminate investigation
45.65 (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 45.51(2)(a), (b) or (c) apply; or
(b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.
Notice to the Commissioner and complainant
(2) If the Commission decides to discontinue an investigation of a complaint, the Commission shall give notice in writing of the decision and the reasons for it to the complainant and the Commissioner.
Notice to the member and other persons
(3) After receiving notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the decision to discontinue the investigation of the complaint.
Consolidation of complaints
45.66 The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation or a hearing.
Updates with respect to the investigation
45.67 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Referral of Complaints to Commission
Referral to Commission
45.68 (1) A complainant who is not satisfied with a decision under section 45.59 or a report under section 45.62 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review.
Material to be provided
(2) If a complainant refers a complaint to the Commission under subsection (1),
(a) the Chair shall notify the Commissioner that the complaint has been referred to the Commission; and
(b) the Commissioner shall provide the Chair with a copy of the notice given under subsection 45.59(2) and the report sent under section 45.62.
Review by Commission
45.69 (1) The Commission shall review every complaint referred to it under section 45.68.
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 member or other person whose conduct is the subject matter of the complaint and the complainant.
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 conclusions 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.
Response of Commissioner
45.7 (1) The Commissioner shall, as soon as possible after receiving a report referred to in paragraph 45.69(3)(a), provide the Chair 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 conclusions or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.
Final report of Commission
(2) After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any conclusions and recommendations with respect to the complaint that the Commission sees fit and send a copy 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 primary responsibility for policing in the province in which the conduct complained of occurred.
Hearings
Hearing
45.71 (1) If the Commission decides, under section 45.64 or paragraph 45.69(3)(c), to institute a hearing to inquire into a complaint, the Chair 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 member or other person whose conduct is the subject matter of the complaint and the complainant.
Deeming
(2) For the purposes of this section, the member or members of the Commission who are conducting a hearing to inquire into a complaint are deemed to be the Commission.
Meaning of “parties”
(3) In this section, “parties” means the appropriate officer, the member or other person whose conduct is the subject matter of a complaint and the complainant.
Notice
(4) The Commission shall serve a notice in writing of the time and place set for a 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 conven- ience 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 the disclosure of which 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 the disclosure of which 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 which could reasonably be expected to reveal privileged information, as defined in subsection 45.38(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 counsel, to present evidence, to cross-examine witnesses and to 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 counsel.
Appropriate officer
(9) The appropriate officer may be represented or assisted at a hearing by any other member.
Expenses
(10) If the Commission sits at a place in Canada that is not the ordinary place of residence of the member or other person whose conduct is the subject matter of the complaint, of the complainant or the counsel of any of those persons, then that person or their counsel is entitled, in the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their counsel in appearing before the Commission.
Suspension and Joint Proceedings
Duty to suspend investigation or hearing
45.72 The Commission shall, on written request of the Commissioner or on its own initiative, suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.
Joint investigation, review or hearing
45.73 (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 from the public against law enforcement officers.
Regulations
(2) The Minister may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).
Reports Following Investigation or Hearing
Interim report
45.74 (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.
Response of Commissioner
(2) The Commissioner shall, as soon as possible, provide the Chair and the Minister with a written response to the report.
Final report of Commission
(3) After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any conclusions 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 primary responsibility for policing in the province in which the conduct complained of occurred.
Final and conclusive
45.75 All conclusions and recommendations contained in a final report of the Commission under subsection 45.7(2) or 45.74(3) are final and, except for judicial review under the Federal Courts Act, are not subject to appeal to or review by any court.
Return of documents and things
45.76 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.
PART VII.1
SERIOUS INCIDENTS
Definitions
45.8 (1) The following definitions apply in this Part.
“designated authority”« autorité désignée »
“designated authority”, with respect to a province, means the person, body or authority that may be designated by the lieutenant governor in council of that province as the designated authority for that province for the purposes of this Part.
“investigative body”« organisme d’enquête »
“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.
“serious incident”« incident grave »
“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 carrying out its powers, 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 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.
“serious injury”« blessure grave »
“serious injury” means a prescribed physical or psychological injury.
Regulations
(2) The Minister may, by regulation, prescribe physical or psychological injuries for the purposes of the definition “serious injury” in subsection (1).
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 possible, refer the investigation of the serious incident to that investigative body or police force.
Request to police force
45.82 (1) If 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 possible, 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 an investigative body or a police force that receives a request under subsection (1) 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 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 Chair of the Commission with a report outlining the efforts made by the Force under subsection (3).
Observer — investigation by another police force
45.83 (1) If a police force other than the Force investigates a serious incident and no observer is appointed by a designated authority, the Commission may, with the agreement of the provincial minister who has 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 participate in the investigation.
Appointment of observer
(3) If 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, the Commissioner shall provide the Chair of the Commission 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 45.48(1).
Observers are compellable
(6) Every observer is a compellable witness in every administrative, civil or criminal 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.
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.
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 Chair of the Commission 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 Chair of the Commission a written response to the observ- er’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 Chair of the Commission is not satisfied with a response of the Commissioner or chief of police, the Chair 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 primary responsibility for policing in that province.
Copy of report to Minister
(4) The Chair of the Commission shall provide a copy of any report issued under subsection (3) to the Minister.
Information subject to privilege
45.86 Nothing in this Part authorizes a person to disclose to an observer information that is subject to any type of privilege, and an observer may not use that information if it is disclosed.
Regulations
45.87 The Minister 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 the reporting obligations of an observer;
(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) respecting 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.
R.S., c. 8 (2nd Supp.), s. 18
9. Subsection 46(1) of the Act is replaced by the following:
Definition of “board” — sections 47 and 47.1
46. (1) In this section and sections 47 and 47.1, “board” means
(a) a board of inquiry appointed under section 24.1;
(b) an adjudication board appointed under section 43 or 44;
(c) a discharge and demotion board appointed under section 45.2; and
(d) the Committee, except for the purposes of subsection (4).
Definition of “board” — sections 47.2 and 47.3
(1.1) In sections 47.2 and 47.3, “board” means each of the entities referred to in paragraphs (1)(a) to (d) and includes the Commission.
R.S., c. 8 (2nd Supp.), s. 18
10. Paragraph 47.1(1)(b) of the Act is replaced by the following:
(b) proceeding before a board;
R.S., c. 8 (2nd Supp.), s. 21
11. Sections 50 to 52 of the Act are replaced by the following:
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; or
(d) without lawful justification or excuse, prints observations or uses words in relation to an ongoing 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 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.
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.
Offences — harassment, obstruction, destroying documents etc.
50.1 (1) No person shall
(a) harass, intimidate or threaten a person in relation to a complaint made under Part VII or an observer appointed under section 45.83;
(b) wilfully obstruct a person who is carrying out any power, duty or function under Part VI or VII or an observer appointed under section 45.83 or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person or observer;
(c) 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 under Part VII; or
(d) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (c), 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.
Offence — failure to comply
50.2 (1) Every person who fails to comply with subsection 45.42(2) or (3) or 45.44(2) 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.
Offence to disclose certain information
50.3 Every person who contravenes subsection 45.45(1) or section 45.46 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.
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.
Limitation period
52. Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.
12. (1) The English version of the Act is amended by replacing “Chairman” and “Vice-Chairman” with “Chair” and “Vice-chair”, respectively, in the following provisions:
(a) subsections 25(1) and (2);
(b) section 26;
(c) subsection 28(2);
(d) section 30;
(e) subsection 31(6);
(f) subsection 33(3);
(g) section 34;
(h) subsection 45.15(4);
(i) subsections 45.16(1) and (5);
(j) subsection 45.25(3);
(k) subsection 45.26(1) and (4); and
(l) subsection 47.2(2).
(2) The English version of the Act is amended by replacing “chairman” with “chair” wherever it occurs in the following provisions:
(a) subsection 44(6);
(b) subsection 45.1(4);
(c) subsection 45.11(3); and
(d) subsection 45.2(5).
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
R.S., c. 8 (2nd Supp.), s. 26
13. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
14. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
15. Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Royal Canadian Mounted Police Act
Loi sur la Gendarmerie royale du Canada
and a corresponding reference to “subsection 45.45(1)”.
R.S., c. C-5
Canada Evidence Act
16. The schedule to the Canada Evidence Act is amended by adding the following after item 20:
20.1       The Royal Canadian Mounted Police Review and Complaints Commission, for the purposes of sections 45.34 and 45.35 and Part VII of the Royal Canadian Mounted Police Act, but only in relation to information that is under the control, or in the possession, of the Royal Canadian Mounted Police.
R.S., c. F-11
Financial Administration Act
1992, c. 1, s. 72; 2005, c. 10, par. 34(1)(m)
17. Schedule I.1 to the Financial Administration Act is amended by striking out the reference in column I to
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
and the corresponding reference in column II to the “Minister of Public Safety and Emergency Preparedness”.
18. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
and a corresponding reference in column II to the “Minister of Public Safety and Emergency Preparedness”.
2003, c. 22, s. 11
19. Schedule IV to the Act is amended by striking out the following:
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
20. Schedule IV to the Act is amended by adding the following in alphabetical order:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
21. Part III of Schedule VI to the English version of the Act is amended by striking out the reference in column II to “Committee Chairman” and substituting a reference to “Committee Chair”.
2006, c. 9, s. 270
22. Part III of Schedule VI to the Act is amended by striking out the reference in column I to
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
and the corresponding reference in column II to the “Commission Chairman”.
23. Part III of Schedule VI to the Act is amended by adding the following in alphabetical order in column I:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
and a corresponding reference in column II to the “Chair”.
R.S., c. P-21
Privacy Act
R.S., c. 8 (2nd Supp.), s. 27
24. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
25. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
1991, c. 30
Public Sector Compensation Act
26. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Royal Canadian Mounted Police Public Complaints Commission
Commission des plaintes du public contre la Gendarmerie royale du Canada
27. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
R.S., c. O-5
Security of Information Act
28. The schedule to the Security of Information Act is amended by adding the following in alphabetical order:
Royal Canadian Mounted Police Review and Complaints Commission
Commission d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
TRANSITIONAL PROVISIONS
Definitions
29. (1) The following definitions apply in this section.
“former commission”« ancienne commission »
“former commission” means the Royal Canadian Mounted Police Public Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as it read immediately before the coming into force of section 7.
“new commission”« nouvelle commission »
“new commission” means the Royal Canadian Mounted Police Review and Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as enacted by section 7.
Members of former commission
(2) All persons who hold office as Chairman, Vice-Chairman or member of the former commission immediately before the coming into force of section 7 cease to hold office on the day on which that section comes into force.
Employees
(3) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former commission, except that the employee shall, on the coming into force of this section, occupy his or her position in the new commission.
Definition of “employee”
(4) In subsection (3), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.
Transfer of appropriations
(5) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new commission.
Rights and obligations transferred
(6) All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.
References
(7) Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.
Continuation of proceedings
(8) Any action, suit or other legal or administrative proceeding to which the former commission is a party that is pending on the coming into force of this section may be continued by or against the new commission in a similar manner and to the same extent as it would have been continued by or against the former commission.
COMING INTO FORCE
Order in council
30. (1) Subject to subsection (2), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Sections 7 and 13 to 29
(2) Sections 7 and 13 to 29 come into force on a day fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada